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HomeMy WebLinkAboutMinutes - ZBoA - 04/06/2015 Minutes—Zoning Board of Appeals April 6, 2015 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 Meeting Room,Town Hall Chairman Chittick called the meeting to order at 7:30PM CONTINUED HEARINGS 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. The applicant, Mr. Christopher McKenna, distributed new plans to the Board. Mr. McKenna explained that the issues he had with his previous application were due to the bylaw that requires commercial on the first floor. This new plan has office space on the first floor and the second floor will have 3 small one-bedroom apartments. The parking will be underneath the building. He is planning on six spots underground, with three parking spots for the apartments and three for whatever the office spaces are. He will have one space on site, which is one more than existed previously. Chairman Chittick pointed out that realistically, he should have 8 spaces, but given what was there previously, they could grandfather relief for the parking requirements. Chairman Chittick asked if Mr. McKenna would be building in the same footprint. He confirmed he would be. Mr. Benjamin Lacy stated that Mr. McKenna would have to go to the Planning Board for a site plan review. Chairman Chittick asked if Mr. McKenna would be increasing a nonconformity in any way. Mr. McKenna stated he would not. After some discussion, it was agreed by the Board that where Mr. McKenna is making the structure conform, he does not need relief from the Zoning Board. Chairman Chittick moved to close the hearing. Mr. Lacy seconded the motion and the vote was unanimous. APPEAL—Filed by Attorney Michael C. Hayes on behalf of his clients, Martin G. Corry,Jr. and Jane M. Corry,of the issuance of the building permit issued for a single family home at 87 Pleasant Street. File #15.01.16. Attorney Hayes and Attorney Henderson addressed the Board. They explained that they have been working together and are confident they will come to an agreement. Attorney Henderson stated that there is some concern from the abutting property that is for sale which is due to close in the coming month. Attorney Henderson stated that if the Board agrees to grant them a withdrawal with prejudice, the appellants can record it and give the buyers some comfort. They stated once again that they are confident they will come to an agreement and will come back to the Board with a formal request. Mr. ZBA-4.6.15-JBO 1 Minutes—Zoning Board of Appeals April 6, 2015 Lacy moved to continue the hearing. Chairman Chittick seconded the motion and the vote was unanimous. 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. This is a continued hearing. Ms. Alicia Busoni of Key Partners addressed the Board. She reviewed their amended plans for the Board stating that they are keeping the sign in the same location, which is a 26 foot setback. They are proposing a 90 square foot sign. They looked at Shaws and Curtis Plaza as comparisons. Chairman Chittick stated that they are proposing to increase the signage by 50%. Chairman Chittick stated that they would have to give up some signage on the building to get to these numbers and that the proposed 90 feet pushes them into Variance territory. They would have to go to 80 feet to make it conform and reconfigure the signage on the building. The Chairman asked if anyone in the audience wished to speak. Mr. Rick Shiffman of 107 Sohier Street and owner of"Workstation" a tenant at 132 Chief Justice Cushing Highway, spoke in favor of the new sign. Debbie Hardy of"Local Vines &Gourmet", also a tenant, stated that her business does rely on stop in traffic and they need a bright sign. Chairman Chittick asked the applicants to come back with the new proposal, as well as information on the proposed illumination and the hours the sign would be lit. Chairman Chittick moved to continue the hearing. Mr. Lacy seconded the motion and the vote was unanimous. NEW HEARING SPECIAL PERMIT—Filed by John Cavanaro on behalf of his clients, Paul and Jill Tedeschi,for an alteration of the building within required yards and that exceeds the non-conforming building coverage, and for an installation of a pool,walkways and building that exceeds the non-conforming lot coverage at 19 Hobart Lane. §8.7.2. File#15.03.13 Chairman Chittick recused himself and left the room. Mr. Higginson recused himself and moved to a seat in the audience. Mr. David McMorris chaired the hearing. Ms. Carmen Hudson of Cavanaro Consulting and Mr. Can Tiryaki of Tiryaki designs addressed the Board. Ms. Hudson reviewed the subject property to the Board. She explained that the lot is 17,000 square feet, which is a small lot with a large building on the property. One of the major nonconformities is that the garage is on Hobart Lane and when cars park in it,they back directly onto Hobart Lane. The property is nonconforming in lot area, lot width, lot coverage, building coverage and parts of the building itself are also nonconforming. Ms. Hudson explained that the Tedeschi's recently purchased the property and have worked to create a design that will meet their needs; while also decreasing the nonconformities. She stated that they have reduced the nonconformities where they can, but some will still exist. They have received relief from the Conservation Commission and have received both an NOI and a Stormwater Permit. They will be razing the rear portion of the house and putting in an in-ground pool. The portion being razed is only 10 feet from the West property boundary, but once removed,the structure will now put the building 30 ZBA-4.6.15-JBO 2 Minutes—Zoning Board of Appeals April 6, 2015 feet away from the West boundary. They will also put in a conforming garage which will lessen the intensity of the use of the existing garage. They will be putting on an addition on the rear portion of the house. This portion will still be nonconforming, but less so. The lot and building coverage will also still be nonconforming, but less than what is there today. Ms. Hudson explained that there is no change in the front setback and that it will remain at 12.7 feet. She stated that the required front setback calculation was determined using the frontage of the main dwellings located at 25 Hobart Lane and 161 Atlantic Avenue. Mr. McMorris asked if they were proposing anything that would increase the nonconformity on one side. Mr.Tiryaki stated that the fagade on one side would be increasing the nonconformity. Mr. Can Tiryaki then extensively reviewed the architectural plans. He explained that it was their intent to maintain the courtyard. The area where they are razing a portion of the house will be landscaped. He then reviewed the configuration of the second floor. Mr. Lacy stated that they are proposing to double the height. Mr.Tiryaki agreed that this was the case in some parts, but there are also flat roofs and levels to break up the massing. The height of the bedroom gable measures 25'to the gable. Mr. Lacy asked about the heights of each of the levels. Mr.Tiryaki stated they would be 17', 20', 24' and the tower would be 32' at the mid-point of the ridge; the tower will be 9.4' from the lot line. Mr. Lacy stated that with the tower,they would be creating a canyon. Ms. Hudson stated that they are proposing something similar [structure], but not as high. Mr. Lacy stated there would be two very tall buildings. Mr.Tiryaki reviewed additional plans for the Board. Mr. Lacy pointed out that the new tower would be partially in the setback. Mr.Tiryaki stated that the increase in the fagade area is significantly less than the reduction in the footprint. The fagade is increasing from 425—612 square feet in the East elevation. Mr.Tiryaki added the gross residential area is also being reduced by 400 square feet. Ms. Hudson then reviewed the fagade calculations in great detail using the submissions.They are decreasing the footprint by 625 square feet, which is a 35%decrease. Chairman McMorris asked where they are putting in a new garage, would they be removing any of the existing garage or the driveway. Ms. Hudson stated they would not be as it would negatively impact the neighbor. Chairman McMorris asked if anyone wished to speak. Mr. Charles Higginson of 159 Atlantic Avenue asked if the coverage calculations included the pool and the garage. Ms. Hudson stated it included everything. Chairman McMorris asked the Assistant Clerk,Jennifer Oram, if the Board had received any input from the neighbors. She stated they had not. Property owner,Jill Tedeschi, stated that when they purchased the house,they loved it, but the down fall was that the back neighbor was so close. She stated that when they were at the neighbor's house, they were up on the deck and the neighbor said they had a "birds eye view" of the courtyard. Ms.Tedeschi stated that it was very important to them that they had some privacy. She stated they were careful about the design to not go too high, but they wanted to get a little more height on that side. She said the neighbors stated that 'you bought it, it's up to you to do what you need to do'. So it was really important to them to get more height on that side for privacy. After a brief discussion, Ms.Schultz moved to continue the hearing. Mr. McMorris seconded the motion and the vote was unanimous. ZBA-4.6.15-JBO 3 Minutes—Zoning Board of Appeals April 6, 2015 DELIBERATION 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. After an extensive discussion, Mr. Lacy moved to uphold the appeal. Mr. Higginson seconded the motion and the vote was unanimous(Chairman Chittick, Mr. Higginson and Ms. Schultz voting). Permit Extension Act Question—After a brief discussion, Chairman Chittick moved to grant a two year extension for the Special Permit at 33 Cedar Lane. Mr. Higginson seconded the motion and the vote was unanimous. Mr. Lacy moved to adjourn the meeting. Chairman Chittick 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: New plans for 808 Jerusalem Road Drawings of proposed sign at 132 Chief Justice Cushing Highway Rood deck plans for 19 Hobart Lane ZBA-4.6.15 -JBO 4