HomeMy WebLinkAboutMinutes - PB - 07/09/2017 Planning Board Meeting APPROVED MINUTES 1 of 5
July 19,2017
COHASSET PLANNING BOARD MINUTES
DATE: TUESDAY, JULY 19, 2017
TIME: 7:00 PM
PLACE: COHASSET TOWN HALL—SELECTMEN'S OFFICE
41 HIGHLAND AVENUE, COHASSET,MA 02025
Board Members Present: Clark H. Brewer, Chair (CB)
Brian Frazier, Clerk (BF)
Michael Dickey,Liaison to CPC (MD)
Associate Member Amy Glasmeier
Board Members Absent: Erik Potter, (EP)
Charles A. Samuelson(CS)
Recording Secretary Present: Jo-Ann M.Pilczak
CALLED TO ORDER AT: 7:06 P.M.
7:06 P.M. TOLL BROS./REQUEST FOR MINOR MODIFICATION
In attendance to represent agenda item: Scott Miccile&Ryan O'Rourke, Toll Bros.
Materials and documents submitted,utilized at this meeting (On file in Planning Board Office):
• Scott Miccile, Toll Bros. 07/11/17 letter to Planning Board re: Temporary Turnaround Easement
• CDI 07/16/17 memo re: Elimination of Turnaround Easement, date stamped: 07/19/17
• Asst. Fire Chief Dockray 07/19/17 memo re: Fire Dept.position on elimination of hammerhead.
Lot 25 on Walnut Hill Lane is the last lot to be sold —closing scheduled for Mid-Oct. The lot has a hammerhead
driveway shape that the Fire Dept. wanted as a clear back-up space for emergency equipment. Manor Way Circle,
the abutting subdivision is not anywhere close to completion. Ben McCormick (future owner) wants the
turnaround eliminated — takes up too much of their lot (2,000 sq.ft. concrete area) and they have never seen
anything like this anywhere. If it cannot be eliminated now, they want to know when it can be eliminated and, if
there is anything that can be done so the hammerhead doesn't have to be paved and curbed.
Asst. Chief Dockray indicated that they do not have any data re: responses needed at the site as of yet and, the Fire
Dept. does not want to have to use an unfinished road at Manor Way Circle as the turnaround.
Scott Miccile,Toll Bros. agreed that shape cannot change but perhaps a grass paver system could be used.
(CB): agreed grass pavers that look like lawn but can hold trucks as an option or that perhaps the Manor Way
homeowners could come to some sort of arrangement with Walnut Hill.
Matt Shanley (owner, Manor Way Circle) is not in favor of eliminating turnaround — it was never discussed as
temporary at public hearings. Manor Way Circle is his front year and is the size of a common driveway and meant
to be used as a common driveway. Manor Way Circle is a private road and has already been experiencing heavier
traffic and bearing the burden of UPS trucks, delivery trucks etc. from Toll Bros. development. He will put up a
gate if necessary.
John Modzelewski: agreed that Manor Way Circle is certainly not completed —the Subdivision Control Law has
standards for turnarounds and this turnaround meets those standards—feels there is not much that can be done until
there is a clear hammerhead route on Manor Way Circle —not sure there are any legal rights that would allow the
emergency vehicles to use Manor Way Circle - this situation is a private drive daisy chaining onto another private
drive — any change in the approved plans would have to come before the Planning Board as a modification — he
does not recommend any change to the hammerhead at this time.
7:20 P.M. SCITUATE HILL SUBDIVISION — POTENTIAL EXTENSION OF TRI-PARTY
AGREEMENT
In attendance to represent agenda item: Rob Schwandt
Materials and documents submitted,utilized at this meeting (On file in Planning Board Office
• Rob Schwandt 07/19/17 email re: status of work at Scituate Hill
Planning Board Meeting APPROVED MINUTES 2 of 5
July 19,2017
Mr. Schwandt reviewed the update items in his 07/19/17 email. National Grid gas installation is holding up the
final paving. Number of poles will remain the same, but will be relocated to the other side of the street which is
different than the approved plan. Items to be completed by the extended date have been completed. Gas install will
have to be pushed out which has no effect on SSG as they have their own gas. Final coat on the road will follow the
gas install — so they are within a few months of telephone and electric conduit install and the fall for the final
paving. Attorney Henderson, representing SSG, indicated that SSG would rather have a September deadline
extension. SSG does have their occupancy permit. Minor modification of relocation of electrical conduit —
Modzelewski needs to have discussion with B. Sullivan of Cavanaro Consulting regarding the plan dated 07/03/17.
MOTION: By Member Frazier to extend the TriParty to September 20,2017 at 7:15 PM
SECOND: Member Dickey
VOTE: 4-0 MOTION CARRIES
7:34 P.M. PLOT 43 JERUSALEM RD. (PROPERTY ADJACENT TO 450 JERUSALEM RD)
LARGE HOME REVIEW PUBLIC HEARING. APPL: JIM MAGNER
(BF)read notice of public hearing)
In attendance to represent agenda item: Architect Can Tiryaki; Applicant Jim Magner
Materials and documents submitted,utilized at this meeting (On file in Planning Board Office
• Form 11 — Application for Large Home Review & Planning Board Statement of Litigation Policy, date
stamped: 06/26/17
• LHR Proposed Site Plan,prepared by Morse Engineering, dated: 06/20/17,revised: 06/22/17
• Architectural Plans A0.0, Al.1, A1.2, A2.1, A2.2 prepared by Tiryaki Architectural Design, dated
06/23/17 and date stamped: 06/26/17.
• Comments from BOH, ConComm, Fire Dept., Sewer Commission,Water Dept.,ZBA
This house and a proposed new house on the abutting westerly 450 Jerusalem Rd. property will be constructed
somewhat simultaneously. Proposal is for the construction of a 5-bedroom, gambrel style, "L" shaped, 4,545
sq.ft. single family residence on a 37,038 sq.ft. lot. Proposed structure will be setback approx. 81.6 ft. from
Jerusalem Rd. This structure and the proposed new structure on the abutting lot will be approx. 67 ft. apart and,
the applicant notes that he is considering a privacy fence between the properties. Proposed height of the structure is
27 ft. which is significantly below the allowed 35 foot height. In all other regards, proposed structure complies
with required setbacks. Existing stone wall on front lot line will be widened to 12-14 ft. to allow for a driveway
and utilities. Driveway will wind along easterly side of the lot to a proposed garage on the back side of the "L"
shape in such a manner that the garage portion of the "L" structure will not be seen from the street. Bonus room
will be constructed above garage. Every fagade has linearity broken up by gambrel dormers to reduce the massing
of the structure. Rear of the structure has shed dormers facing rear courtyard. There is a considerable amount of
ledge on the lot but applicant does not intend to blast,but may need to chip some portions of the ledge for a couple
of days. There is mature vegetation along front lot line on Jerusalem Rd. Applicant does not intend to remove any
vegetation on the front and,will wrap existing large trees at the base to protect them during construction. Applicant
noted that all construction equipment and materials for this project and the proposed project next door will be
stored directly on the property(not on street). No public comments/questions during this hearing.
MOTION: By Member Dickey to recommend the Building Commissioner issue a building permit for this
proposal with standard boiler plate conditions.
SECOND: Member Frazier
VOTE: 4-0 MOTION CARRIES
7:50 P.M. 450 JERUSALEM RD. LARGE HOME REVIEW PUBLIC HEARING. APPL-DANIEL
CHISHOLM (BF)read notice of public hearing)
In attendance to represent agenda item: Architect can Tiryaki; Owners: Tara&Dan Chisholm.
Materials and documents submitted,utilized at this meeting (On file in Planning Board Office
• Form 11 — Application for Large Home Review & Planning Board Statement of Litigation Policy, date
stamped: 06/26/17
• LHR proposed Site Plan,prepared by Morse Engineering, dated: 06/22/17
• Architectural Plans A0.0, A1.1, A1.2, A2.1, A2.2 prepared by Tiryaki Architectural Design, dated
06/22/17 and date stamped: 06/26/17.
• Comments from BOH, ConComm, Fire Dept., Sewer Commission,Water Dept.,ZBA
Planning Board Meeting APPROVED MINUTES 3 of 5
July 19,2017
Proposal is for the demolition of the existing 4,325 sq.ft. residential structure and the reconstruction of a new 5-
bedroom, 5,830 sq.ft. single family residence with a home office. Proposed construction will be on the existing
foundation (most of which is crawl space) with some enlargements to accommodate the owner/applicant's needs.
Lot is a pre-existing, non-conforming 32,067 sq.ft. lot. Proposed structure complies with setback, height, and
building coverage zoning requirements in all ways ( a tiny 1 ft. 3 in. triangular corner of garage is within the 20
ft. setback, but since it is less than 15 ft. in height,this portion can be within 15 ft. of the lot line —it is setback 18
ft.- 7 in. so it complies). Existing garage and paved drive on northerly and westerly sides respectively will be
removed and replaced with lawn. A new 3-car garage will be pushed back and located on the rear (southerly) side
of the structure and, will not be visible from Jerusalem Rd. A new pervious, circular driveway to the new garage
will be located off Rust Way. Existing pool and pool house are to remain. The roof is gambrel style with no attic
space below and most of the second floor is under dormers. Each wing of the proposed home is designed as a
gambrel structure. A functional widow's walk is proposed on the roof. Since the foundation is existing there will
only be minor removal of vegetation. Required tree removal will open up a view of the ocean for the neighbor on
the southerly side. This residence at 450 Jerusalem Rd. and the proposed residence on abutting Plot 43 Jerusalem
Rd. will be constructed almost simultaneously. Therefore, the same construction equipment is to be used at both
locations and will be stored completely on the two lots.No public comments/questions during this hearing.
MOTION: By Member Frazier to recommend the Building Commissioner issue a building permit for this
proposal with standard boiler plate conditions.
SECOND: Member Dickey
VOTE: 4-0 MOTION CARRIES
8:07 P.M. 3 TAD LANE LARGE HOME REVIEW PUBLIC HEARING. APPL: TAD HOWE LLC
(BF)read notice of public hearing. (AG)—recused and left meeting.
In attendance to represent agenda item: Jeff Hassett,Morse Engineering; Applicant: Paul Davis
Materials and documents submitted,utilized at this meeting (On file in Planning Board Office):
• Form 11 — Application for Large Home Review & Planning Board Statement of Litigation Policy, date
stamped: 06/27/17
• LHR Proposed Site Plan,prepared by Morse Engineering,dated: 06/26/17
• Septic Design Plan,prepared by Morse Engineering, dated: 11/07/16
• Architectural Plans Al —A6; Attic Floor Plan; Floor Area Calcs; date stamped: 06/27/17.
• Comments from BOH, ConComm, Fire Dept., Sewer Commission,Water Dept.,ZBA
Home has already been constructed—original RGFA calculations were less than 3500 sq.ft. and did not included a
finished attic or basement. Contractor is now doing LHR so it is easier for prospective buyers who might want
finished attic and basement although contractor only intends to finish the basement at this time. Finished attic and
basement will result in RGFA OF 5,229 sq.ft. This is a rare approach to a Large Home Review. House is on a
25,748 sq.ft. lot which was created in 1954 and includes a two-car garage with a paved turnaround driveway. Davis
explained the screening plan approved by Conservation Commission: multiple trees to be added; walls to be added
so larger trees to be planted will hold; existing trees along Howe Rd. to remain; lot to be fully landscaped. Home
was designed to fit the lot and, complies with zoning setbacks and height limits. There was discussion about how
Kuendig Design calculated the RGFA. (CB) thought the calculations looked loose. Peter Hobson, 112 Howe
Road did his own calculations which did not agree with those done by Kuendig. Building Commissioner Egan
noted that there is no requirement for an architect to be certified. He also thought the calculations were close but he
did have Kuendig outline his calculations which he then reviewed with Kuendig. Egan suggested there has to be a
better way to measure for the Large Home Review, adding that it really doesn't matter if the attic is heated or not
and therefore should or should not be included in the calculations—it's the mass that should count.
(CB) and Egan agree that there are flaws in the bylaw and there should be changes to the bylaw but also noted that
the bylaw as it currently exists, was followed. They are currently working on amendments to tighten the bylaw.
(CB)praised abutters for having so much interest in their neighborhood.
Abutters comments/concerns:
Deidre Hobson, 112 Howe Rd.: had concerns about the public notification. It was explained to the group that
notification is made to all addresses on the certified abutters list created by the Assessor's Office - it was suggested
that they discuss this concern with the Assessor if they felt they should have been included. She also asked how the
accuracy of the calculations submitted to the Building Dept. can be guaranteed.
Planning Board Meeting APPROVED MINUTES 4 of 5
July 19,2017
Kevin Heine, 57 Howe Rd. & Kevin McKeon, 2 Diab Lane: commented that they received a blasting notification
but did not receive the Large Home Review Notice of Public Hearing. Again, it was explained to them that the
criteria for notification may be different situations and that again,they should discuss their concern about not being
included on the certified abutters' list with the Assessor.
Peter Hobson, 112 Howe Rd.: noted that 4 more houses are going to be built and they want to make sure the Large
Home Review process is followed correctly.
Elaine Breslow, 714 Jerusalem Rd.: All of this discussion would have already happened if correct measurements
were submitted. This has to be avoided in the future — better communication with boards and the public. This
should be an exercise as to how to move forward.
Kevin Heine: this Large Home Review process for the house already built at 3 Tad Lane is a failure on the part of
the Town and this Board for governance on this particular site.
Paul Davis did agree that he will submit a Large Home Review for the next house(next 3 Tad Lane)to be built.
(MD)—this current LHR doesn't make sense if the house is already built.
MOTION: by Member Frazier to issue a building permit for the basement and attic areas.
(MD): the house has already been built and it doesn't seem right for the contractor to say that the house has been
built but I want the permit — if the Board is not happy about it, why should we approve it — that is not a good
precedent—build whatever you want then come in for a permit? That is gaming the system and he cannot second a
motion to do that.
MOTION: by Member Dickey to not recommend the issuance of a building permit for the attic and
basement.
(BF) understands and agrees that it is not the ideal process, but the contractor built to the plan the architect
certified and,the Building Commissioner reviewed everything and issued a building permit.
(CB): Applicant could withdraw the intent to finish the attic and basement and leave it up to the homeowner or,
resubmit new calculations.
MOTION: By Member Dickey to recommend having the applicant resubmit RGFA calculations to the
Building Inspector and he can decide whether to issue a building permit or not.
SECOND: Member Frazier
VOTE: 3-0 MOTION CARRIES
Kevin Heine: The designer already produce questionable calculations — at this point, can the Board consider
having the calculations done by a different qualified professional?
MOTION: By Member Dickey to continue to August 16, 2017 meeting at 7:45 P.M. with builder
submitting recalculation and recertification of RGFA measurements by a different qualified professional.
SECOND: Member Frazier
VOTE: 3-0 MOTION CARRIES
9:00 P.M. PLANNING BOARD MEMBER UPDATES
(CB)—met with citizens' group and reviewed his draft of new amendments to the LHR bylaw. (MD) noted that it
is the mass of the building that people are concerned about. (CB) reviewed the draft of new amendments to the
LHR bylaw with the Board and if the Board agreed,he would submit the draft version as a place holder for the Fall
Special Town Meeting warrant—Board agreed.
9:25 P.M. ADMINISTRATION
- VOTE TO APPROVE JULY 5, 2017 MEETING MINUTES
MOTION: By Member Dickey to approve the July 5,2017 meeting minutes
SECOND: Member Frazier
VOTE: 3 -0 MOTION CARRIES
- VOTE TO APPROVE PAYROLL FOR PERIOD ENDING JULY 10, 2017
MOTION: By Member Dickey to approve the payroll for period ending July 10,2017
SECOND: Member Frazier
VOTE: 3-0 MOTION CARRIES
Planning Board Meeting APPROVED MINUTES 5 of 5
July 19,2017
- VOTE TO RATIFY C.BREWER SIGNATURE ON INVOICES:
- CDI INV.476 CEDAR ST.LANDFILL SOLAR ARRAY $ 240.00
- CDI INV.477 ESTATES AT COHASSET/TOLL BROS. $ 160.00
- CDI INV.478 SSG STORAGE/SCITUATE HILL LOT 1 $ 240.00
- CDI INV.479 SCITUATE HILL SUBDIVISION $ 1,440.00
MOTION: By Member Dickey to ratify C.Brewer signature on above cited invoices.
SECOND: Member Frazier
VOTE: 3-0 MOTION CARRIES
• PUBLIC COMMENT (5 MINUTES MAXIMUM) -None
• TOPICS NOT REASONABLY ANTICIPATED BY THE CHAIR 48 HOURS IN ADVANCE OF THE
MEETING-None
MOTION: By Member Dickey to adjourn 9:30 P.M.
SECOND: Member Frazier
VOTE: 3-0 MOTION CARRIES
NEXT PLANNING BOARD MEETING: AUGUST 16, 2017 AT 7:00 PM
MINUTES APPROVED: BRIAN FRAZIER, CLERK
DATE: AUGUST 16, 2017