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HomeMy WebLinkAboutMinutes - ZBoA - 07/07/2014 Minutes—Zoning Board of Appeals July 7, 2014 Members Present: S. Woodworth Chittick, Chairman Charles Higginson Benjamin Lacy David McMorris Jennifer Schultz Member Absent: Peter Goedecke Others Present: Jennifer Brennan Oram, Assistant Clerk Meeting held in the Board of Selectmen's Office,Town Hall. Zoning Board Business Minutes—Mr. Benjamin Lacy moved to approve the minutes of June 6, 2014 as amended. Mr. Charles Higginson seconded the motion and the vote was unanimous. Informal Discussion—Carriage House, 84 Gammons Road— Mr. Andrew Wise addressed the Board. They are renovating the existing Carriage House on his property. The structure is conforming in setback, but is completely in the Flood Plain. They are proposing to add an entry way which would change the footprint of the building. After a lengthy discussion, the Board agreed that Mr. Wise should file for a Special Permit. He agreed. Topics not reasonably anticipated by the Chairman 48 hours in advance of the meeting: Assistant Clerk,Jennifer Oram, suggested that going forward, the Board may want to consider leaving all hearings open instead of closing them after their first hearing. This would allow for additional materials to be submitted and discussed at the following meeting. This would not extend the turnaround time of issuing permits as the Board can still close and deliberate on the same night if the Board feels all of the information they need has been submitted. After a brief discussion, the Board agreed to implement this change. DELIBERATIONS Chairman Chittick recused himself for this hearing and left the room. Mr. Higginson will Chair the hearing. SPECIAL PERMIT—Filed by Can Tiryaki of Tiryaki Architectural Design, on behalf of landowners, Elizabeth and Will Kirkpatrick, seeks to construct a two story addition that would extend the non- conformity on the East side of 48 Smith Place. §8.7.2. File#14.04.04. Closed. Mr.Tiryaki requested to withdraw this application without prejudice. Mr. Lacy moved to grant the requested withdrawal without prejudice. Mr. Higginson seconded the motion and the vote was unanimous. ZBA—7.7.14-JBO 1 Minutes—Zoning Board of Appeals July 7,2014 HEARINGS SPECIAL PERMIT—Filed by Can Tiryaki of Tiryaki Architectural Design,on behalf of landowners, Elizabeth and Will Kirkpatrick,seeks to construct a two story addition that would extend the non- conformity on the East side of 48 Smith Place. §8.7.2. File#14.06.16a. Mr. Can Tiryaki addressed the Board on behalf of the landowners. He explained that the submittal for the application that has now been withdrawn had the incorrect average height. The incorrect number made it conforming, but it is not conforming, it is 15 feet 3 inches. They got the height by tracking the average grade. Mr.Tiryaki then reviewed the proposed project for the Board. He explained that they are proposing a rear addition,this would be two stories, consisting of a garage and a new kitchen. The majority of the proposed is conforming, the only side that they need relief on is the East side. Mr. Lacy stated that it looks as if they are doubling the massing in the proposed area. Mr.Tiryaki calculated the increase in massing to be approximately 336 additional square feet(856 square feet existing) for about a 30% increase of vertical area within the setback. The house is presently 1300 square feet and is going to over 3,000 square feet. They are proposing to increase the height by 2 feet 8 inches;the new height will be 8 feet less than the maximum allowed height. Mr.Tiryaki also submitted letters/emails of support from Robert Protulis and Cate Gardner, abutters to the property. He added that the proposed is not more detrimental to the neighborhood as the height is remaining the same, the garage is in character to the neighborhood and the home is already on sewer. There will not be any impact on traffic as the driveway is essentially remaining the same and the house is located on a dead end street. After no further discussion, Mr. Lacy moved to continue the hearing. Mr. David McMorris seconded the motion and the vote was unanimous. SPECIAL PERMIT—Filed by Cavanaro Consulting on behalf of landowners, Bruce and Laurie Wimberly, seeks to construct an addition that is partially in the Flood Zone at 119 Border Street. §§9.7.8&9.11. File#14.06.13. Chairman Chittick returned for this hearing. Ms. Carmen Hudson addressed the Board on behalf of her clients, Bruce and Laurie Wimberly. Ms. Hudson explained that the existing structure is a single family home that is nonconforming in the front yard and is not flood compliant. The Wimberlys have approached their neighbors and have received letters of support from Irene and David Lord of 173 Border Street,John and Mary Hartshorne of 115 Border Street,John and Kate Naples of 7 Parker Avenue and Tricia and Bob Pattison of 19 Parker Avenue. The existing driveway is very short and causes people to have to back out into the street. They are on Town sewer. They are proposing to raze the existing building and replace it with a new flood compliant building. The landings, supports for the deck and everything added is 292 square feet, within the flood plain. The existing building has 120 square feet within the flood plain. The new building will be pushed out of the front setback and will continue to be on Town sewer. The proposed porch is allowed per the permitted projections bylaw. Ms. Hudson stated that the setbacks are measured to the structure, not to the permitted projection. In addition, the Wimberlys would like a basketball court. To do so there would be some fill to make the court flat. The location of the court is presently at elevation 9.2, so the filling would need to bring it to 10. Ms. Hudson then reviewed the memo she submitted supporting why they meet the requirements of§9.7.8 and ZBA—7.7.14-J BO 2 Minutes—Zoning Board of Appeals July 7,2014 §9.11. Under§9.7.8, a)the portion of the project that needs relief consists of minimal grading associated with the proposed new basketball court to be located within the Flood Plain above elevation 9.2. The proposed is minimal and will maintain the existing southerly drainage patterns on the site. A Stormwater Permit Application and an NO1 Application have been filed with the Conservation Commission.The land is subject to tidal action, but the grading will not go below elevation 9.2. The proposed fill would only increase the flood level by less than half one-millionth of an inch. They property will remain on Town sewer and will remain a single family home. Under§9.11, the structure was built in 1880 and therefore is an existing non-conforming structure. The proposed on the ground foot print will be 412 SF total, which is below the additional 300 SF allowed. There was further discussion regarding the site and how they arrived at the figure of 292 square feet as the increase of the on the ground foot print. Ms. Hudson will provide information to the Board prior to the next hearing that will show how they arrived at that calculation. Chairman Chittick asked if anyone in the audience wished to speak. Mr.John Hartshorne of 115 Border Street stated that the plans look good on paper,though the increase of 70% is quite large and will block their view toward the South. They very pleased however to have new neighbors. After some further discussion, Chairman Chittick moved to continue the hearing. Mr. Lacy seconded the motion and the vote was unanimous. SPECIAL PERMIT—Filed by Attorney Richard Henderson, on behalf of landowners,Gold Coast Real Estate, LLC,seeks to completely alter and reconstruct the building at 589 Jerusalem Road. §8.7.2. File #14.06.16b. Chairman Chittick recused himself from this hearing and left the room. Mr. Higginson will Chair. Attorney Richard Henderson and Ms. Carmen Hudson of Cavanaro Consulting addressed the Board on behalf of the applicants. Attorney Henderson stated that this is a very simple application. They are proposing to take down the existing dwelling, known as the Templar House, which houses 13 units and replace it with 3 condos. The proposed building will be less nonconforming than the existing. Mr. McMorris asked if any of the condos would be affordable. They will not be. Ms. Hudson reviewed the site plan for the Board. The site plan before the Board is quite "messy' as it is full of information. They have a landscape plan that clarifies things. The proposed structure will have three units, each unit has an underground garage and an elevated patio. Two of the garages are on the front of the building while one garage will be on the side. Ms. Hudson stated they did an average setback calculation as an exception can be made for a structure no nearer to the street than neighboring houses. The closest house to the east is 579 Jerusalem Road and that is 27 feet from the street. The closest house to the West of the 589 is 597 Jerusalem Road and that house is 10.8 feet from the street. They used the averages and determined 589 could legally have a setback of 19 feet. The new building will conform to this setback. The decks will not be covered. The side setbacks will go to 20.1 feet and the rear setback will be well above the allowed 30 foot setback. The lot is nonconforming in both area and coverage. 30% building coverage is allowed and they are presently at 49+%coverage. The proposed will reduce the coverage to 47%. The existing footprint of the building is 4,570 and will go to 4,683. The lot coverage is so high due to all of the pavement and although they are removing some pavement the percentage of coverage will remain high due to the retaining walls needed for the patios. They used the new driveways and everything with a roof, including the fire place to get to the coverage figure. ZBA—7.7.14-J BO 3 Minutes—Zoning Board of Appeals July 7,2014 Mr. Higginson asked if anyone in the audience wished to speak. Mr. Adam Rudikoff of 579 Jerusalem Road,the direct abutter, stated that he felt a lot of his coverage questions has been answered. He asked if the decks were included. Ms. Hudson explained that building coverage only includes structures, not decks. He stated that he had questions regarding the driveways, but those were clarified. He asked about the two garages in the front. Ms. Hudson stated that the garages have to be to grade of the pavement. Due to this, they will need both an NOI and a Stormwater Permit. Architect, Can Tiryaki, then reviewed the architectural plans for the Board. He explained that the building was not worth saving. The three units will be of equal size. The building consists of a series of hip roofs which measure 34.6 feet to the midpoint to the highest roof. They used the existing average grade to get to the building height. On the roof,there will be decks that will require 3 foot railings. Mr. Tiryaki will submit a roof plan and calculations that include the railings for height. Mr. Bill Chisholm of 605 Jerusalem Road asked to speak. He said that has lived at his home for 54 years. He thinks the new plans are a very good idea. Mr. Lacy asked what the height of the Templar House is. Mr.Tiryaki stated it was 30'and the proposed would be 34.6 plus the deck railings. Mr. Lacy moved to continue the hearing. Mr. McMorris seconded the motion and the vote was unanimous. Chairman Chittick moved to adjourn the meeting. Mr. Lacy seconded the motion and the vote was unanimous. Meeting adjourned at 10:OOPM. Respectfully submitted, Jennifer Brennan Oram Assistant Clerk, Zoning Board of Appeals Documents: Email from Robert Protulis regarding 48 Smith Place Email from Cate Garnder regarding 48 Smith Place Letters of support from neighbors of 119 Border Street Memo dated July 3, 2014 from John Cavanaro supporting the relief sought at 119 Border Street. ZBA—7.7.14-J BO 4