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HomeMy WebLinkAboutMinutes - ZBoA - 06/08/2015 Minutes—Zoning Board of Appeals June 8, 2015 Members Present: S. Woodworth Chittick, Chairman Peter Goedecke Benjamin Lacy David McMorris Jennifer Schultz Member Absent: Charles Higginson Others Present: Jennifer Brennan Oram,Assistant Clerk, ZBA Meeting Held in the Board of Selectmen's Office,Town Hall Chairman S. Woodworth Chittick called the meeting to order at 7:30PM. CONTINUED HEARINGS SPECIAL PERMIT—Filed by John Cavanaro on behalf of his client,John Steinmetz,for construction of a driveway and utility within the Flood Zone at 1 James Island Way. §§9.7.6&9.7.7. File#15.04.10 This is a continued hearing. Chairman Chittick asked Vice-Chairman, Peter Geodecke,to Chair the hearing. Chairman Chittick recused himself and left the room. Chairman Goedecke reviewed the previous hearing. The Board had not requested any additional submissions from the applicant. Attorney Jeffrey De Lisi,John Cavanaro of Cavanaro Consulting, Peter Rosen and Can Tiryaki of Tiryaki designs addressed the Board. Attorney De Lisi stated that they do have the support of both of their direct neighbors, Catherine Amory of 428 Atlantic Avenue and The Devitres of 430 Atlantic Avenue. Chairman Goedecke asked if they have filed for any other relief from any other Boards or Commissions. Attorney De Lisi stated they had not. Chairman Goedecke asked if anyone wished to speak. Mr. Stephen Brown of 275 Jerusalem Road asked that when determining the flood height, did they take into consideration the flow coming from Richardson's Brook. Mr. Cavanaro stated that the Cohasset Bylaw requires they only can use the FEMA flood maps. Assistant Clerk,Jennifer Oram announced that there had been concern expressed by residents that they were not on the abutter's list. Mrs. Oram stated she met with the Assessor's and confirmed that the parameters used to determine who should be notified for the Zoning Board hearings was correct. Mr. Benjamin Lacy moved to close the hearing. Mr. David McMorris seconded the motion and the vote was unanimous. SPECIAL PERMIT—Filed by John Cavanaro on behalf of his clients,Jennifer R.Schultz and Andrew C. Reed,for an addition within the Flood Plain and an addition within the side yards at 50 Stockbridge Street. §§9.11&8.7.2. File#15.05.13 ZBA—6.8.15-JBO 1 Minutes—Zoning Board of Appeals June 8, 2015 Chairman Chittick opened the hearing. Member, Benjamin Lacy recused himself and left the room. Member Jennifer Schultz recused herself and moved to a seat in the audience. Chairman Chittick reviewed the procedures that would be followed during the public hearing. Engineer,John Cavanaro, addressed the Board. Mr. Cavanaro stated that he would review the site plan for this project for the Board and then Al Kearney,the Architect for the project, will review the architectural plans. Mr. Cavanaro reviewed the neighborhood. Like the majority of the lots in this neighborhood,the lot is very small. 50 Stockbridge Street has the 41h smallest lot in the neighborhood with the smallest house (in terms of square footage) on it. The footprint of the existing dwelling is 485 square feet. The lot is also very unique in that at the front of the lot it stands at elevation 22 and at the rear of the lot, it drops to 6 feet above the flood plain elevation. They are seeking relief to do work in the Flood Plain and they are looking to expand the pre-existing non-conforming setback. Mr. Cavanaro then reviewed the setbacks. He explained that currently the house is a two bedroom home and is 1,000 square feet. The goal of the owners is to expand the home in the most thoughtful and conservative way so they could gain enough space to grow their family and be able to stay in the neighborhood. In the plans,they are proposing to remove an existing non-conformity by removing the existing deck and moving it into the allowable setback; holding the footprint to the side yard limitation. They are also proposing to pull the house forward into alignment to the existing retaining wall and thus expanding the existing nonconformity. On the easterly side,they want to pull the house an additional 8' feet and this will give them the room to expand. The lot is very restrained due to zoning and conservation restrictions. However, the neighborhood has seen a great deal of relief given to other projects. Mr. Cavanaro added that the two immediate abutters have provided support in writing;the Alves (52 Stockbridge Street) and Sarah Morton (66 Margin Street). Mr. Cavanaro read Ms. Morton's letter into the record. Architect Al Kearney then reviewed the plans for the Board. He stated they are trying to create living space where they can. They used 11.1' as the average grade to get to the 35 feet in height. They are below 35'. They know they are increasing the mass. They are not increasing any existing ceiling heights. He stated that the plan is very thoughtfully scaled in regard to overhangs and that they would be using similar materials. Mr. Kearney also stated that he and the applicant had previously negotiated about overall height with the addition, and that upon the applicant's request in light of Mrs. Smith's sensitivity, he reduced the overall height by two feet from his original drawings. Chairman Chittick asked to confirm that they are proposing to come forward out to the end of the existing concrete pad and then go up; but not come any further toward the street. Mr. Cavanaro confirmed that was what they are proposing. Chairman Chittick asked if they are removing one encroachment, but adding another on the Southerly side. Mr. Cavanaro stated that they are and they are also reducing the existing lot coverage from 36 to 35% (25%allowed). He added that they are not seeking relief for height. There was then a conversation regarding the expansion. Mr. Cavanaro stated that they are treating this application as a full expansion which they feel is allowed under the Special Permit. Mr. McMorris said that if they consider the concreate pad as part of the dwelling, then the only change in the footprint is the removal of the deck in the back. Mr. Cavanaro agreed. Chairman Chittick asked that they review the Flood Plain relief. Mr. Cavanaro stated that under§9.11, they are proposing a 160 square feet increase within the Flood Plain. The addition will be a completely flood compliant structure, with not living space below. They are not certain at this point if they will be using sonitubes, so they counted the entire area. ZBA—6.8.15-JBO 2 Minutes—Zoning Board of Appeals June 8, 2015 There was then a discussion regarding the proposed elevation that abuts 48 Stockbridge Street. Chairman Chittick stated he was struck by the absence of windows. Mr. Kearney stated that it was done for privacy, but windows could be added. Mr. Goedecke confirmed with Mr. Cavanaro that the average grade calculation was calculated by using the entire existing nonconformity. After further discussion, Chairman Chittick stated that the Planning Board reviewed the application and unanimously recommended that the Zoning Board approve the Special Permit request. The Chairman then opened the hearing to the audience. Mr.Andrew Willard of 37 Stockbridge Street asked how,with them pulling the house forward,the applicants would be dealing with the slope [at the front of the lot]. Mr. Cavanaro stated that they would be re-contouring the slope to a lower grade of about 14.9'. They will not be adding any other structures to that area. Mr.Jim Sandell addressed the Board on behalf of Anna and Matthew Smith of 48 Stockbridge Street. He stated that they understand the need to add, but the proposed addition would block all of the windows on the east side. He said that to 48 Stockbridge,the impact would be significant and a "disaster'. He said that he knows that he is not supposed to use view, but that the proposed is going up three stories and by doing so,will substantially detract from the value of 48 Stockbridge Street. Chairman Chittick asked the applicants if they wished to speak to view and economic detriment. Mr. Cavanaro said that he would speak to the proposal and if its impact is substantial. He stated that this is a house that is 1,000 square feet going to 2,300. It is the applicant's opinion that they are allowed to expand to that under a Special Permit. There was then a discussion regarding the design. The applicant stated that there was careful thought in where they expanded in an effort to reduce the impact. Mr. Cavanaro stated that there was a conscious effort, when designing the expansion,that view, although not protected, be taken into consideration on both directions. Ms.Jennifer Schultz, owner and applicant of 50 Stockbridge Street, addressed the Board. Ms. Schultz stated that it was important to keep in mind that all of the added square footage is not part of the §8.7.2 consideration. Everything that is in the side addition conforms to the side setback. She added that they did also take view into consideration. They could have added over the deck in the back, but chose not to because it would have really impacted the Eastern rear views at 48 Stockbridge Street. Ms. Schultz added that in 2006,the Smiths received a Special Permit for an addition where they added a second floor and went back approximately 40'. This project was very near the lot line. If the Smiths had not received their Special Permit of 2006; then 48 and 50 Stockbridge Streets would have been further apart. Chairman Chittick asked Ms. Schultz to speak to the subject of economic detriment which was brought up this evening. Ms. Schultz stated that they are doing nothing more than improving the area. Before they purchased the house,the house was a transient rental home. The house will be done in cedar shingles and there will be nice landscaping. Mr.Andrew Reed, owner of 50 Stockbridge Street, stated that the Smiths will still have wonderful views from all of their East-side rear windows even with the proposed addition. ZBA—6.8.15-JBO 3 Minutes—Zoning Board of Appeals June 8, 2015 Mr. Mark Alves of 52 Stockbridge Street spoke in favor of the project. He stated that he too received a Special Permit that increased the size of their home. He stated that he can only speak for himself, but the value of his home has only increased in value and that any improvement to the street will increase the value of the homes. Ms.Anna Smith of 48 Stockbridge Street stated that she did not want to see the applicants move and that she understands the need to expand the house. She stated they would accept pushing the house forward, but that they have an issue with them going up to three stories. She stated that the only light they get in the morning is from the east. There was then further discussion regarding the impact on the natural light into 48 Stockbridge Street. Mr. Sandell asked the Board to review the elevations. Mr. Geoffrey Chapin of 55 Stockbridge Street addressed the Board. He stated his support for the project as proposed, and also stated that he has tried to mediate this a bit and that he does see that 48 Stockbridge will lose light if this is approved, but that 50 Stockbridge Street was impacted in the same way when 48 expanded. Ms. Schultz stated that she would provide the Board with the plans for the 48 Stockbridge Special Permit. She added that when they were planning this project,to determine what would be considered substantially detrimental to the neighborhood,they looked at the Special Permits that have been granted to their immediate abutters (the Smiths and the Alves; 48 and 52 Stockbridge Street respectively).The Alves were allowed to double the size of their home and the Smiths were allowed to go up and add 40' back. The bottom line is,that if they can't receive approval for the space and the expansion they have proposed,then they would not proceed with the project at all. After further discussion,the Board requested additional documents and that all submission be received at least 7 business days prior to the July 16t" meeting. Mr. Goedecke moved to continue the hearing. Mr. McMorris seconded the motion and the vote was unanimous. Next meeting—the Board agreed to meet Thursday,July 16, 2015 at 7:30PM. Approve Minutes—the Board agreed to approve the minutes at the next meeting. Chairman Chittick moved to adjourn the meeting. Mr. Lacy seconded the motion and the vote was unanimous. Meeting adjourned at 9:35PM. Respectfully submitted Jennifer Brennan Oram Assistant Clerk, Zoning Board of Appeals Documents: ZBA—6.8.15-JBO 4 Minutes—Zoning Board of Appeals June 8, 2015 Letter from Sarah Morton of 66 Margin Street dated July 7, 2015. Letter from Andrew Willard of 37 Stockbridge Street dated June 3, 2015 Letter from Richard & Enda Redfield of 6 Ennis Court ZBA—6.8.15-J BO 5