Loading...
HomeMy WebLinkAboutMinutes - ZBoA - 03/02/2015 Minutes—Zoning Board of Appeals March 2, 2015 IN PREVOUS PACKET Members Present: S. Woodworth Chittick, Chairman Peter Goedecke Charles Higginson David McMorris Jennifer Schultz Member Absent: Benjamin Lacy Others Present: Jennifer Brennan Oram,Assistant Clerk Meeting held in the Board of Selectmen's Meeting Room,Town Hall. CONTINUED HEARINGS SPECIAL PERMIT under§8 and an APPEAL- Filed by Attorney Charles Humphreys on behalf of his client, Gerd Ordelheide,Trustee,Sarro Realty Trust d/b/a Red Lion Inn, of the Building Inspector's decision dated November 13, 2014,ordering the cease and desist of outside weddings at 71-85 South Main Street. §§8 and 12.2.4. File#14.12.08. Attorney Humphreys addressed the Board on behalf of his clients,the Red Lion Inn. He stated that at the previous hearing, he may have gotten carried away and focused too much on the principal use. He stated that he should have focused on accessory uses. Mr. McMorris pointed out that the Town's bylaw requires that such accessory uses are to occur in an enclosed building. Attorney Humphreys then reviewed his previous arguments regarding Robert M. Elliot vs. Neil Parent and the views in his letter submitted to the Board via mail on March 2, 2015. He then stated that he thought the case referred to in letter from abutter Jean Healey Dippold, DiGiovanni v. Board of Appeals of Truro, was helpful as well (see letter received via email March 2, 2015). Attorney Humphreys stated that he felt the Board would need to find that outside weddings are a subordinate use and are allowed. The Board had no further questions for Attorney Humphreys. Attorney Mark S. Bourbeau of Bourbeau &Assoc., P.C. addressed the Board on behalf of his clients, Rowena and Michael Karp of 91 South Main Street. Attorney Bourbeau stated that he followed Attorney's argument regarding Robert M. Elliot vs. Neil Parent, but respectfully feels the argument is incorrect. The Town has a bylaw that expressly states that the accessory use needs to be conducted within the building. He stated the Red Lion Inn has a Special Permit that has been granted by the Zoning Board and it needs to function under that. There were no questions from the Board. Mr. Peter Goedecke moved to close the hearing. Mr. Charles Higginson seconded the motion and the vote was unanimous. APPEAL—Filed by Attorney Philip B. Posner, on behalf of his clients,Jason and Carolyn Soules,of the Building Inspector's denial of enforcement action at 392 Jerusalem Road (landowner David F. Crowley Buck,Trustee of 392 Jerusalem Road). File#14.08.22. ZBA—3.2.15-JBO 1 Minutes—Zoning Board of Appeals March 2, 2015 Attorney Amanda Carozza of Mintz Levin addressed the Board on behalf of her clients,Jason and Carolyn Soules. Ms. Carozza reviewed the reason for their appeal of the Building Inspector's denial of enforcement. They feel the lights in question are structures. The landowners of 392 Jerusalem Road and their counsel do not agree. Attorney Corozza reviewed, in great detail, her arguments as outlined in her supplemental brief dated February 25, 2015. They feel the lights in question are structures and therefore not allowed in the setback. They also feel the lights violate §4.3.2 are injurious due to light radiation. Attorney Jeffrey De Lisi of Ohrenberger, De Lisi & Harris, LLP, addressed the Board on behalf of his client David F. Crowley Buck. Attorney De Lisi stated that he reviewed plans of the area by John Cavanaro and Ross Engineering. He stated in looking at those plans, he sees only 2 lights that may violate the setback. He and his clients do not feel these ights are structures (see supplemental brief dated February 23, 2015). Attorney De Lisi also questioned §4.7.2 regarding the lights having to be offensive to the community. He stated that it is up to the petitioners to make that case and stated that the Building Inspector did not address light pollution. There was then extensive discussion regarding the lights and light pollution and if the Building Inspector did not address it, is it before the Board. Attorney Carozza rebutted and stated that it was her opinion the Board could act on both issues because an inaction is an action. Chairman Chittick asked if anyone wished to speak. Mr. William Vanderweil of 390 Jerusalem Road stated he is offended by the lights. Ms. Melissa Crowley-Buck stated that she was tired of the "lies and attack" and wished to clarify that she changes the lightbulbs herself and they are 40 watt bulbs. After additional discussion, Mr. Goedecke moved to close the hearing. Mr. Higginson seconded the motion and the vote was unanimous. SPECIAL PERMIT—Filed by Christopher McKenna. 808 Jerusalem Road,seeks to build 4 one-bedroom apartments at 808 Jerusalem Road. §4.2 and §8.7.2. File#15.01.09A. Applicant Christopher McKenna and Mr. Gregory J. Tansey, P.E. of Patriot Permitting Engineering addressed the Board. Mr.Tansey reviewed the site for the Board. The previous structure burned down.The Town tore down the structure. The previous business had no on-site parking. What they would like to propose is four one bedroom condominiums. He said that the difference from the previous structure of the structure they are proposing, is that it will have adequate parking on the lot with bays being built under the structure. They plan on making the first floor condos with a home occupation deed restriction and stated that home occupations are allowed by right. Chairman Chittick said that the bylaw states that apartments cannot be on the first floor in the Downtown Business District. The Board then had a lengthy discussion regarding the bylaw and how the applicant could make the proposal work. Chairman Chittick asked Building Commissioner, Robert Egan, what his thoughts were. Mr. Egan stated that they did not think the intention of the bylaw for Downtown Business District was intended for West Corner where this parcel is located. Mr. Goedecke stated that Variances are difficult to grant. After further discussion,the Board requested the applicant come back with something ZBA—3.2.15-JBO 2 Minutes—Zoning Board of Appeals March 2, 2015 new. Chairman Chittick moved to continue the hearing to April 6th. Mr. Goedecke seconded the motion and the vote was unanimous. SPECIAL PERMIT—Filed by Gerhard and Jessica Lubitz,seek to extend a nonconforming second floor at 278 Forest Avenue. §8.7.2. File#15.01.12 This is a continued hearing. The Board reviewed the site plan that was submitted after the February hearing. Ms. Lubitz explained that they are looking to make the closets more functional and that is why they are extending the roof line. After further discussion, it was agreed that the nonconformity here was not unusual. Mr. McMorris moved to close the hearing. Mr. Higginson seconded the motion and the vote was unanimous. NEW HEARINGS APPEAL—Filed by Attorney Michael C. Haves on behalf of his clients, Martin G. Corry.Jr. and Jane M. Corry,of the issuance of a building permit issued for a single family home at 87 Pleasant Street. Attorney Michael Hayes addressed the Board on behalf of his client, Martin G. Corry,Jr of 81 Pleasant Street. They are before the board appealing the issuance of a building permit for 87 Pleasant Street. They are asking the Board to interpret §8. He added that he is aware that the Board has spent a considerable amount of time on §8.3 and merger(390 Atlantic Avenue).They are asking the Board to determine if the two lots in question were ever two lots. He stated that it is their contention that the effect of the deed was to convey one lot. They base their opinion on the Lindsey v. Board of Appeals of Milton case. Attorney Hayes stated he had received Attorney Henderson's brief(Attorney Henderson filed a brief with the Zoning Board dated February 25, 2015 on behalf of his client Andrew J. Spath, owner of 87 Pleasant Street)which argues that the lots have always been two lots. Attorney Henderson also does not feel the Lindsey case is relevant as it pertained to specific language in the Milton bylaw. Attorney Hayes respectfully disagrees with Attorney Henderson's opinions and does not think it is fair to say there is a substantial difference between the Milton and Cohasset bylaws (Milton law submitted by Attorney Hayes, March 2, 2015). Attorney Hayes also expressed concern over changes in plans for the proposed building. After some discussion, it was determined that this issue was not before the Board. The charge of the Board is to review the validity of the lot. Attorney Henderson addressed the Board. He stated there is a very big difference between the Milton and Cohasset bylaws. He stated that the lots in question have been described as two lots for 113 years. Attorney Henderson read the Milton bylaw and Cohasset bylaw aloud. He stated there is no comparison between the two bylaws. Chairman Chittick asked if anyone wished to speak. Attorney Harrison addressed the Board and stated he represents Abigail Sullivan who is the perspective buyer for lot 30 (the lot with the dwelling on it). He stated they are seriously interested in the outcome of the board. After further discussion, Mr. Geodecke moved to close the hearing. Mr. McMorris seconded the motion and the vote was unanimous. ZBA—3.2.15-JBO 3 Minutes—Zoning Board of Appeals March 2, 2015 VARIANCE—Filed by Kevin Duggan of Metro Sign and Awning on behalf of his clients,Connell Cohasset Greenbush, LLC for signage at 132 Chief Justice Cushing Highway. §6.4 and §6.5. File# 15.01.30. Mr. Kevin Duggan of Metro Sign and awning addressed the Board. Mr. Duggan stated that they are requesting a new sign for safety reasons and because the tenants are so far set back, you can't see what shops are there. People pass the shops because the present sign is not easy to read. They then realize they pass the shops and slam on the brakes. The new sign they are proposing is taller and is similar to the sign they have at the Curtis Liquor plaza. Chairman Chittick stated that they would need to meet the tests for a Variance. He added that it can be difficult to be granted a Variance. Ms.Alicia Busconi, of Connell Cohasset, Greenbush, LLC then addressed the Board. She stated that her company also manages the Curtis Plaza. The issues her clients are having at 132 Chief Justice Highway is that the signs that are affixed onto the building are lit by gooseneck lights; so they are not visible from CJCH. The lack of signage is impacting business for the tenants. In addition, the speed on CJCH makes it difficult to see what the current signs lists. They are hoping to contruct a bigger sign that will attract more business and be easier to read from the road. Mr. McMorris agreed that the current signs are hard to read. However, it will be difficult for them to meet the standards of a Variance. After a lengthy discussion, it was agreed that the Board would view previous decisions regarding signs. Ms. Busconi stated that they would come back and give the Board another option. Chairman Chittick asked if anyone in the audience wished to speak. Ms. Deborah Hardy, owner of Local Vines & Gourmet and a tenant of 132 CJCH, stated that the lack of signage has been a real hardship. Chairman Chittick moved to continue the hearing. Mr. Goedecke seconded the motion and the vote was unanimous. CONTINUED HEARINGS/DELIBERATIONS SPECIAL PERMIT under§8 and an APPEAL- Filed by Attorney Charles Humphreys on behalf of his client, Gerd Ordelheide,Trustee,Sarro Realty Trust d/b/a Red Lion Inn, of the Building Inspector's decision dated November 13, 2014,ordering the cease and desist of outside weddings at 71-85 South Main Street. §§8 and 12.2.4. File#14.12.08. After discussion,Chairman Chittick appointed Associate Member,Jennifer Schultz,a voting member on this decision. Chairman Chittick then moved to deny the appeal. Mr. McMorris seconded the motion and the vote was unanimous(Chairman Chittick, Mr. Higginson and Ms. Schultz voting). SPECIAL PERMIT-Filed by James Kelliher of,of Axiom Architects,on behalf of landowners,Steven and Betsy Pinkus, seeks to raze the existing residence and construct a new residence 479 Beechwood Street. §8.7. File#15.01.09B. ZBA—3.2.15-JBO 4 Minutes—Zoning Board of Appeals March 2, 2015 After discussion, Chairman Chittick appointed Associate Member,Jennifer Schultz, a voting member on this decision. Chairman Chittick moved to grant the relief sought under§8.7. Ms. Schultz seconded the motion and the vote was unanimous (Chairman Chittick, Mr. Higginson and Ms. Schultz voting). SPECIAL PERMIT—Filed by Gerhard and Jessica Lubitz,seek to extend a nonconforming second floor at 278 Forest Avenue. §8.7.2. File#15.01.12 After discussion, Chairman Chittick appointed Associate Member,Jennifer Schultz, a voting member on this decision. Mr. Higginson moved to grant the relief sought under§8.7.2. Ms. Schultz seconded the motion and the vote was unanimous. ZONING BOARD BUSINESS Minutes—Chairman Chittick moved to approve the minutes of December 30, 2014. Mr. Higginson seconded the motion and the vote was unanimous. Chairman Chittick moved to approve the minutes of January 5, 2015, February 3, 2015 and February 13, 2015 as amended. Ms. Shultz seconded the motion and the vote was unanimous. Chairman Chittick moved to adjourn the meeting. Ms. Shultz seconded the motion and the vote was unanimous. Meeting adjourned at 10:30PM. Respectfully submitted, Jennifer Brennan Oram Assistant Clerk, Zoning Board of Appeals Documents: Letter from Attorney Charles Humphreys dated March 2015 Letter from Jean Healy Dippold received via email March 2, 2015. Supplemental submission filed by Attorney Amanda Carozza, received by the Zoning Board on February 25, 2015. Supplemental submission filed by Attorney Jeffrey De Lisi, received by the Zoning Board of Appeals on February 23, 2015 Color chart of light posts submitted by Attorney Carozza Brief filed by Attorney Richard Henderson on behalf of Andrew J. Spath, Trustee, owner of 87 Pleasant Street. Milton bylaw submitted by Attorney Michael Hayes, March 2, 2015 ZBA—3.2.15-J BO 5