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Home My WebLink AboutMinutes - PB - 07/23/2014 Planning Board Meeting APPROVED MINUTES 1 of 5 July 23,2014 COHASSET PLANNING BOARD MINUTES DATE: WEDNESDAY, JULY 23, 2014 TIME: 6:30 PM PLACE: COHASSET TOWN HALL—SELECTMEN'S OFFICE 41 HIGHLAND AVENUE, COHASSET,MA 02025 Board Members Present: Stuart W. Ivimey, Chairman Clark H. Brewer,Vice Chairman Charles A. Samuelson, Clerk Michael Dickey David Drinan Brian Frazier,Associate Member Board Members Absent: Recording Secretary Present: Jo-Ann M. Pilczak, Planning Board Administrator Meeting called to order at: 7:00 P.M. 7:00 P.M. ZBA RECOMMENDATIONS • 84 GAMMONS RD.—SPECIAL PERMIT APPLICATION.APPL: ANDREW&LESLIE WISE In attendance to represent application: Appl./Owner: Andrew Wise Materials and documents submitted,utilized at this meeting (On file in Planning Board Office) — ZBA Special Permit application, date stamped 07/17/14 — Site Plan SP,prepared by Cavanaro Consulting, dated: 07/14/14 — Plans A1,A2,A3, prepared by Gallant Architecture, dated: 07/10/14 Entry way to carriage house will create a 4.5 ft. X 5 ft. square in the floodplain. All other setbacks comply with zoning requirements. MOTION: By Member Dickey to recommend the ZBA approve this special permit application SECOND: Member Brewer VOTE: 5—0 MOTION CARRIES • 43 ELM CT.—SPECIAL PERMIT APPLICATION. APPL: CAN TIRYAKI In attendance to represent application: Can Tiryaki, Tiryaki, Tiryaki Architectural Design Materials and documents submitted,utilized at this meeting (On file in Planning Board Office — ZBA Special Permit application, date stamped 07/17/14 — Plans: A0.0, ASLI, AE1.1, AE2.1, A1.0, ALL, A1.2, A2.1, A2.2 prepared by Tiryaki Architectural Design, dated: 07/07/14 Lot is non-conforming. Proposal is to add a new second level with steeper roof with dormers. Height will increase from 18.8 ft. to midpoint of roof to 26.1 ft.to midpoint. Board- proposal is not substantially more detrimental than existing structure. MOTION: By Member Brewer to recommend the ZBA approve this special permit application SECOND: Member Drinan VOTE: 5—0 MOTION CARRIES 7:10 P.M. 96 HOWARD GLEASON RD. 2011 ENDORSED FORM A - RE-ENDORSE FORM A MYLAR WITH LAND COURT CHANGES TO LOT NUMBERS— ATTORNEY CHARLES HUMPHREYS ON BEHALF OF APPLICANT/OWNER ADELAIDE MOORS PRATT Humphreys - Form A was approved over 2 years ago. Was appealed and went through Land Court,Appeals Court and Supreme Court. Final judgment was in favor of owner/applicant. Plan needed to have been recorded within 6 months—was not done due to appeal. Is now before the Board for re-endorsement with two minor changes Planning Board Meeting APPROVED MINUTES 2 of 5 July 23,2014 mandated by the Land Court: more bounds were added and reflected on the plan; and,new lot numbers. No changes were made to lot lines etc. MOTION: By Member Brewer to re-endorse the Form A as presented at this meeting. SECOND: Member Drinan VOTE: 5—0 MOTION CARRIES 7:15 P.M. 119 BORDER ST.—LARGE HOME REVIEW—APPL:OWNER: BRUCE&LAURIE WIMBERLY—Member Samuelson read notice of public hearing. No abutters present. In attendance to represent application: Steve Noonan,Axiom Architects; Owner: Bruce Wimberly. Materials and documents submitted,utilized at this meeting (On file in Planning Board Office): • Form 11 —Application for Large Home Review, date stamped 06/30/14 • Planning Board Statement of Litigation Policy, date stamped06/30/14 • Site Plan LHR,prepared by Cavanaro Consulting, dated: 06/27/14 • Plans A1,A2,A3,A4,A5, S1, prepared by Axiom Architects, dated 06/27/14 • Comments from Woody Chittick,ZBA, date stamped: 07/15/14 • Comments from Felix Zemel, BOH, date stamped: 06/30/14 • Comments from Paul Shea,Conservation, date stamped: 07/07/14 • Comments from Diane Hindley, Sewer Commission, date stamped: 06/30/14 Proposal is for demolition of existing 2,300 sq.ft. single family residence and construction of a new 3,992 sq.ft. single family residence on a 25,413 sq.ft. lot. Proposed home is 13 ft. further back from front lot line and, 3 ft. further West on the property. Located in floodplain without a useable basement so storage space is lacking. Designed home to incorporate space in attic for storage and kids' playroom which added about 400 sq.ft. of RGFA space. Otherwise, project complies with zoning in terms of required setbacks and height. No zoning relief is required. Overall height is 36 ft.to peak or 29.4 to midpoint. 3 abutter support letters were submitted. Pre-existing Boat house will remain. Received ConComm approval. Brewer- modulation of the massing looks very good. MOTION: By Member Brewer to recommend with standard boiler plate conditions, that Building Commissioner Egan issue building permits for this project SECOND: Member Drinan VOTE: 5—0 MOTION CARRIES 7:25 P.M. INFORMAL DISCUSSION — RICHARD HENDERSON — HOLLY LANE POTENTIAL FORM A - 1969 subdivision, 2 acre, sewered lot in a 35,000 sq.ft residential district. Is on a 40 ft. right-of-way (which is also depicted on zoning map and assessor's map) which also constitutes part of roadway for 100 Pond St. - 100 Pond may not want them using right of way without the$120,000 integration fee. It is a pre-1955 lot shown on a deed and therefore is exempt from frontage requirements. Since it is part of a legal subdivision, it gains its frontage from that subdivision. Owners would like to know if they can subdivide and sell 2 lots. Question is—does it have frontage? Henderson will submit Form A with legal opinion to be reviewed by Town Counsel. 7:35 P.M. MANOR WAY CIRCLE - RCDD APPLICATION TO MODIFY EXISTING DEFINITIVE SUBDIVISION APPROVAL TO A RCDD — CONTINUED PUBLIC HEARING. APPL: MATTHEW SHANLEY&RHONDA KALLMAN hi attendance to represent application: Att. R.Henderson; Appl. M. Shanley; M. Flaherty,Flaherty& Stefan. In attendance to represent Planning B�: Town Counsel Hucksam; John Modzelewski, Civil Designs,Inc. Materials and documents submitted,utilized at this meeting (On file in Planning Board Office): PLAN DATE SCALE REVISION Pre-Construction Drainage Area Plan 04/11/14 1"=40' Cover Sheet&Locus Map 04/11/14 1"=200' 06/04/14,06/25/14 Sheet 1 -Existing Conditions Plan 04/11/14 1"=40' 06/04/14,06/25/14 Sheet 2—Subdivision Index Plan 04/11/14 1"=60' 06/04/14,06/25/14 Sheet 3—Subdivision Plan 04/11/14 1"=40' 06/04/14,06/25/14 Planning Board Meeting APPROVED MINUTES 3 of 5 July 23,2014 Sheet 4—Site Plan"Layout Plan" 04/11/14 1"=40' 06/04/14,06/25/14 Sheet 5—Grading Plan 04/11/14 1"=40' 06/04/14,06/25/14 Sheet 5A—Roadway Plan&Profile 04/11/15 As Noted 06/04/14,06/25/14 Sheet 6—Utilities Plan 04/11/14 1"=40' 06/04/14,06/25/14 Sheet 7- Landscape Development Plan 04/11/14 1"=40' 06/04/14,06/25/14 Sheet 8—Erosion&Sedimentation Control Plan 04/11/14 1"=40' 06/04/14,06/25/14 Sheet 9- Detail Sheet 04/11/14 NTS 06/04/14,06/25/14 Sheet 10- Detail Sheet 04/11/14 NTS 06/04/14,06/25/14 Approved Subdivision Plan(8/10/07)Amended Sheet 3 08/10/07 1"=50' 09/04/07, 09/14/07, 11/09/07 • D r aft Covenant,prepared by Att. Richard Henderson, date stamped: 06/25/14 • Draft Declaration of Easements,Restrictions, and Covenants Running With the Land, prepared by Att. Richard Henderson, date stamped: 06/25/14. • Draft Conservation Restriction,prepared by Att. Richard Henderson, date stamped: 06/25/14 • Copy of existing recorded Easement Agreement,date stamped by Norfolk County Land Court: 04/15/05. • Capt.Mark Trask, Cohasset Fire Dept., date stamped: 07/08/14 • Civil Designs review and comment letter on revised plans, date stamped 07/08/14 • Fire Truck Turning Templates, date stamped: 07/09/14 • Example of Unit#4, date stamped: 07/09/14 • Example of Unit#5, date stamped: 07/09/14 • Plan Sheet 5—Grading Pan with cul-de-sac example, revision date: 07/09/14 • Civil Designs review and comment letter on Grading Plan revision dated 07/09/14,prepared by Flaherty and Stefani Inc. • Att. Henderson 07/22/14 letter re: waivers, proposed restrictions to be placed on hammerhead if approved. 8.5"x 11"copy of hammerhead, no revision date, date stamped: 07/23/14—submitted at 07/23/14 meeting Seekonk Planning Board 01/11/11 meeting minutes, date stamped: 07/23/14 -submitted at 07/23/14 meeting • Huntington,MA 9.00 Construction Standards, date stamped: 07/23/14 -submitted at 07/23/14 meeting • Massachusetts"Low Impact Development toolkit", date stamped: 07/23/14 -submitted at 07/23/14 meeting Copy of 07/28/05 Memo—Subject: "The Pine Hills—Design Requirements for Fire Truck Turning Movements" date stamped: 07/23/14 -submitted at 07/23/14 meeting • "Local Examples—"Hammerhead Emergency Access Designs" date stamped: 07/23/14 -submitted at 07/23/14 meeting Flahe : showed plan depicting cul-de-sac -applicant feels it puts a squeeze on entire property and would require relocating water main and prominent tree and, a 150 ft. long retaining wall along driveway. Applicant is trying to maintain a rolling hill and would not be able to sell houses with"stadium"created by a cul-de-sac. Applicant met with Fire Dept.—cul-de-sac saves 20-22 seconds of turnaround time required by the hammerhead. Also showed hammerhead plan with a change—pushing unit#4 back to create more distance by driveway to the hammerhead. Henderson: submitted literature on: hammerheads vs cul-de-sacs;things that can be done with zoning to lessen impact on environment(hammerheads recommended over cul-de-sacs); minutes from other communities that recommend/approve hammerheads. Henderson pointed out that hammerheads are not an uncommon practice. He is prepared to put a clause with fines in Homeowners Association(which will also be filed with police),with provision in each deed so homeowners are fully aware that parking, sports objects, dumpsters etc. is not allowed in hammerhead under any circumstances and at any time. He is happy to have covenant&special permit language drafted as sternly as Board would like so cluttering hammerhead is not an issue. Town Counsel: this could also be incorporated as a condition of special permit. Any use of hammerhead for parking, dumpsters, sports equipment etc. would be a violation of special permit. Waiver standard has to be met. Brewer: suggested painting the hammerhead as a fire lane or with a white strip border Planning Board Meeting APPROVED MINUTES 4 of 5 July 23,2014 Shanley: could get Fire Dept. approval. He feels he is offering something that is safer than the 2006 approval which had long driveways. Scituate Fire Chief does not have problem with hammerheads that are 14 ft x 60 ft. — there is a hammerhead in a 5 house subdivision in Scituate. Ivimev: questioned if enforcement burden is being placed on municipality and is it right to do that? Should not be sacrificing safety for sake of saving trees,views, front yards—questions if this is what Board is being asked to do. Drinan: believes cul-de-sac is detrimental to neighborhood. Board has to decide if 20 sec. is enough of a difference/impact vs. impact of cul-de-sac on neighborhood. Hammerhead is most efficacious solution for this subdivision. Has not seen any evidence that 20 sec. sacrifices safety and questions whether 20 sec. saved by the cul-de-sac is reason to change entire subdivision. Test needs to be—"what is reasonable"? Modzelewski: Rules&Regs. "implies"but does not"require"cul-de-sac. Dickey: 20 sec. is not a long time unless it is my house. Asked if it is a frequent occurrence to be called to another emergency that resources would have to be diverted to? Capt. Trask—not very often. Capt. Trask: Fire Dept. can live with hammerhead if Board approves it as long as there are teeth in enforcement. The topography issue is severe on this site.NFPA recommendations are standards for Fire Protection— hammerheads are a recognized layout by NFPA. If hammerhead is kept clear of clutter, it should not be a problem. Town Counsel Hucksam: real enforceability would be within special permit and conditions, with enforcement by Zoning Enforcement Officer. Strong language should be included everywhere. Practical part is that Zoning Enforcement Officer has to see violation and enforce it—Town will spend time and money on enforcement. Henderson:pointed out that 100 Pond St. and Wheelwright Farm are very protective of their neighborhoods and do enforce the Homeowner's. Owners buy there with the understanding that the Homeowner's will be honored and enforced to protect what they have bought into. Ivimev: asked if Homeowner's will indemnify the Town. Samuelson: would like to close the debate and shouting. Moving Unit#4 back was an improvement—asked if the cul-de-sac turnaround has to be at the same level—could it be sloped? Modzelewski: had asked for information regarding prevalence of hammerheads in other towns -as an engineer, you want to make sure that what you do is commensurate for the time(2014)and area you are designing for. Has seen evidence that hammerheads are defensible and not uncommon—long driveways&porkchops proposed in the cul-de-sac plan probably add more time than hammerheads. Brewer: a few weeks ago,Fire Dept.preferred cul-de-sac. Ultimate solution could be better than cul-de-sac shown on plan presented to Board. 20 sec. is an issue, although a minor one. Applicant did due diligence he was asked to do. This site has"hardship"—slope is extreme—hammerhead attempts to deal with that. Does not agree with argument that cul-de-sac would impact house sales. Clutter issue is same in a cul-de-sac as a hammerhead. Frazier: Cul-de-sac is detrimental to the site—may not be valid argument but is an argument. Martha Gjesteby,BOS Liaison: Asked if the Board has conducted a site visit? Drinan&Brewer visited site independently of one another—other members have been to site in past. Henderson: wanted Board to close Public Hearing contingent upon specified submissions Modzelewski: Board is getting plans the day of the meeting—does not leave time for review. Have to tighten up what has been submitted—does not recommend closing public hearing tonight -also waiting for drainage reports. Town Counsel Hucksam: agrees with Modzelewski—public hearing should not be closed at this meeting. Straw Vote: approve with hammerhead: DD, CB, CS,MD, BF . Do not approve with hammerhead: SI For next meeting: • Homeowners'docs • Final subdivision plan • Drainage report • Turning radius does MOTION: By Member Brewer to continue the public hearing to August 13,2014 at 8:30 P.M.with all new documents to be submitted by July 31,2014. SECOND: Member Drinan VOTE: 5—0 MOTION CARRIES 9:45 P.M. ADMINISTRATION - VOTE TO APPROVE JULY 9, 2014 MEETING MINUTES MOTION: By Member Brewer to approve the July 9,2014 minutes Planning Board Meeting APPROVED MINUTES 5 of 5 July 23,2014 SECOND: Member Drinan VOTE: 5—0 MOTION CARRIES - VOTE TO APPROVE PAYROLL FOR PERIODS ENDING JULY 13, 2014 MOTION: By Member Brewer to approve the payroll for period ending July 13,2014 SECOND: Member Drinan VOTE: 5—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 Brewer to adjourn at 9:00 P.M. SECOND: Member Drinan VOTE: 5—0 MOTION CARRIES NEXT MEETING: WEDNESDAY, AUGUST 13, 2014 AT 7:00 P.M. MINUTES APPROVED: CHARLES A. SAMUELSON, CLERK DATE: AUGUST 13,2014