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HomeMy WebLinkAboutMinutes - ZBoA - 07/16/2015 Minutes—Zoning Board of Appeals July 16,2015 Members Present: S. Woodworth Chittick, Chairman Peter Goedecke Benjamin Lacy David McMorris Jennifer Schultz Members Absent: Charles Higginson Others Present: Jennifer Brennan Oram,Assistant Clerk, ZBA Meeting held in the Board of Selectmen Meeting Room in Town Hall, 41 Highland Avenue. Chairman S. Woodworth Chittick opened the meeting at 7:33PM. Board Business• August Meeting Date—Mr. Benjamin Lacy moved to approve August 3,2015 as the Board's next meeting date. Mr. Peter Goedecke seconded the motion and the vote was unanimous. NEW HEARING SPECIAL PERMIT—Filed by Eric& Emily Davis,for a second story addition over the existing footprint at 75 Ripley Road. §§12.4&8.7.2. File#15.06.11. Chairman Chittick opened the hearing. Mr. Eric Davis and his wife, Emily Davis addressed the Board. They are before Board requesting a second floor addition over the existing footprint. The existing home infringes on the setback on the West side. It's about 4.9 feet off the lot line and then tapers back. They are staying on the existing footprint,just adding above a portion of it. Mr. Davis reviewed the plans for the Board. Chairman Chittick stated that it looked like they had a 38% increase in fagade and a 5% increase with the roof. On the plans, everything that is colored orange is in the setback. Mr. Davis added that they are also renovating the inside and outside of the house. Chairman Chittick clarified with the applicant that the existing structure is actually 15'within the 20' setback on the West side; 7' of the house is not within the setback. Mr. Goedecke asked about the windows on the proposed addition. Mr. Davis stated that a double hung window is being made into a triple window. Another window is being reduced from a double hung to a smaller single hung window. There was then some discussion regarding the North elevation. Chairman Chittick asked the applicants to review the previous Special Permit that was applied for and approved in 2000. It was explained that the 2000 addition was never built. Chairman Chittick pointed out that the new proposal has a much lower elevation (by about 7 or 8 feet)than what was proposed in 2000. ZBA—7.16.15-JBO 1 Minutes—Zoning Board of Appeals July 16,2015 Mr. Lacy asked if it was true that they are proposing to have no windows on the second story. Mr. Davis stated there would be no windows in the area where the stairwell is. Chairman Chittick asked if there was anyone in the audience that wished to speak. There was none. Mr. Lacy moved to continue the hearing to August 3,2015. Chairman Chittick seconded the motion and the vote was unanimous. CONTINUED HEARING 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. This is a continued hearing. Member Benjamin Lacy recused himself and left the room. Member Jennifer Schultz is also an applicant and recused herself from the Board and moved to sit as an applicant. Chairman Chittick, Mr. Goedecke and Mr. McMorris will be sitting on this hearing. Jennifer Schultz and Andrew Reed, along with their representative,John Cavanaro of Cavanaro Consulting, addressed the Board. Ms. Schultz reviewed their second submission to the Board. She stated that the submission focused on the Special Permit and what would be more detrimental to the neighborhood. The submission looked at the areas of Stockbridge Street and Margin Street,they used the Assessors Maps and Field cards to provide the lot size and square footage of each of the properties they included in the submission. They did this to show what properties make up the neighborhood. Ms. Schultz stated that what it came down to is that their home at 50 Stockbridge Street is the outlier. She stated they are the only historic fishing cottage left in the neighborhood. She stated that literally every house that surrounds them has had an addition, even multiple additions and Special Permits from the Zoning Board of Appeals. She added that their lot is lower,they will have a steep pitch and they only wish to be average in size in their neighborhood. There was then an extensive conversation regarding the contents of the submission. Mr. Cavanaro explained that they could only pull certain calculations from the previous applications of 48 and 52 because the plans were sparse on numbers. Mr. Goedecke stated it would be helpful to know which of these received vertical and horizontal extensions. Ms. Schultz stated that when the Board looks at what they are asking for, going forward and going out on the side was intentional to avoid building off the back and to build as much as they could within the confines of the setbacks. Chairman Chittick asked if anyone wished to speak in favor or against the application. Mr. Matt Smith of 48 Stockbridge Street stated that they understand the applicant's desire to add on and that they have been willing to work with them. He feels what they are suggesting is excessive and detrimental to the neighborhood. Mr. Smith then submitted a hand out which was a rendering from an Architect (Mr. Sandell,father in law of Mr. Smith and the architect on both the Special Permits for 48 and 52 Stockbridge Street). Mr. Smith stated that the addition will impact the light and air on the East side of his home as the addition will block the windows on the first and second floors of his home. He added that he could not speak to what has been approved in the past or what has been rejected in the past. He said that that his addition was done with the blessing of the previous abutter at 50 Stockbridge ZBA—7.16.15-JBO 2 Minutes—Zoning Board of Appeals July 16,2015 Street and had no impact on the West side of 50 Stockbridge Street. There was then a conversation regarding where the additions were on 48 Stockbridge Street and the windows of concern. Mr. Goedecke asked if the distances shown in the drawing were drawn to scale. Mr. Smith stated that the distances between 48 and 50 were drawn to scale. Chairman Chittick stated that Mr. Smith had mentioned concerns regarding view and light and the impact on the value of the home. Mr. Smith stated he was more concerned about the change of what they can see now from these windows, light and air,to what would be if the addition were built, which would be a wall. He added that he did not have any data currently regarding what impact the proposed project would have on the value of his home, but he would be happy to do additional research. Chairman Chittick advised that it would be difficult to prove. Mr.Jim Sandell of 312 Jerusalem Road and stated that he was the architect on both 48 and 52 Stockbridge Street and that the additions he did were basically above one floor. He stated that the additions were limited and not negatively impactful and basically went up from the existing footprint. He stated that he thinks this a no brainer and that you know what the view will be with what is currently being proposed and that is a solid wall. Ms. Bridget McGovern of 40 Stockbridge Street addressed the Board. She stated that she trusted the Board and its expertise. She stated it was her understanding that the bylaws not only protect Cohasset but the neighbors. Mr. Richard Redfield of 6 Ennis Court stated that this was an enormous project and that the impact of the construction project and the construction plan, where they will put the dumpster etc., should be debated by the Board. Chairman Chittick stated that the Board could address that in a condition. Mr.Jim Theriault of 42 Stockbridge Street stated that Stockbridge Street is very narrow. He asked the Board to walk the neighborhood. Ms. Susan Willard of 37 Stockbridge Street stated that she had concerns about this project and the project at 46 Stockbridge Street setting a precedent regarding third stories. Chairman Chittick asked the applicants if they wished to address any of the concerns. Ms. Schultz stated that regarding Mr. Smith's comments on light, air and property value, she handed out the case of Kenner v. Zoning Board of Appeals of Chatham. She stated view is off the table in Cohasset. As for the impact,the window in question is 23' feet away. The Kenner case essentially did away with light and air being an argument. She added they did put two additional windows to their plan on the side facing 48 Stockbridge Street, but that was in response to them. Also at 48,they received a Special Permit in 1983; they too have built forward, up and out over the years. Ms. Schultz stated that she finds their response (the Smiths) very hypocritical. Ms. Schultz also addressed concern expressed over the construction. She stated that they have already made arrangements with the Alves at 52 Stockbridge Street to place the dumpster on the parking area between the two houses (50 and 52 Stockbridge Street). Mr. Cavanaro addressed the Board and pointed out that if you look at the older Special Permits for 48 and 52 Stockbridge Street,you will see that 48 went up and is cantilevered. If you go to 52 Stockbridge Street,you will see that many additions start with decks that are covered and were built up vertically. He stated that he feels what they are proposing fits in the confines of the neighborhood. Mr. McMorris expressed concern regarding the addition going out 7 feet forward and then up three stories. Anna Smith of 48 Stockbridge Street stated that them going up one floor they still block windows. Mr. ZBA—7.16.15-JBO 3 Minutes—Zoning Board of Appeals July 16,2015 McMorris moved to continue the hearing. Mr. Goedecke seconded the motion and the vote was unanimous. Member Benjamin Lacy returned to sit on the next hearing. Member Jennifer Schultz recused herself and left the room for the hearing of 46 Stockbridge Street. SPECIAL PERMIT—Filed by Cavanaro Consulting on behalf of their clients, Lucki Real Estate, LLC, seeks to raze and reconstruct a single family dwelling at 46 Stockbridge Street. §§8.7&9.11. File #15.06.15a. Chairman Chittick opened the hearing. Chairman Chittick, Mr. Goedecke, Mr. Lacy and Mr. McMorris are sitting on this hearing. Attorney Richard Henderson addressed the Board on behalf of his clients, Lucki Real Estate, LLC. Attorney Henderson stated that Architect Susan Hoadley will review the architectural plans and Mr. Brendan Sullivan of Cavanaro Consulting will address the site plan. Attorney Henderson stated that there is a 33.4% reduction in volume mass,for a 1,070 square feet reduction. The reasons they are before the Board is for the two non-conformities; frontage and lot coverage. Currently,there is no frontage as the existing structure sits on the street. The existing garage is in the Flood Plain, but they are removing it. Mr. Brendan Sullivan of Cavanaro Consulting addressed the Board. He explained that just over 74 feet of the existing garage is in the Flood Plain. This is being removed. In regard to building coverage,the existing is 12%; the proposed goes to 18.6%. They are pulling the existing structure back. Attorney Henderson also stated that the new house will be 3,400 square feet, not 4,000 square feet as had been stated in other hearings. Chairman Chittick stated that volumetrically,this house will be a much larger house [then is there presently]. Ms. Hoadley addressed the Board and stated that according to the Assessor's office,the current square footage is 1,633 in above ground living space. She stated that there is also an in-law living space on the lower level that this also being utilized. Attorney Henderson added that the applicants will be giving up their 2 family designation. Chairman Chittick stated that the Board would make this a condition. Builder,Jason Lucki addressed the Board. He reviewed the various building options they had for the property. One was just a face lift with an addition on the back. They didn't like the proximity to the lot line and the Smith's house at 48 Stockbridge Street. Another option was to not seek any relief and build a 2,080 square foot house that would big and square. They instead decided to break it up and make it look like what is around it. There was then some discussion regarding the garage. Ms. Hoadley then reviewed the roof lines and the decorative railings etc. for the Board. Chairman Chittick pointed out that they seemed to have taken the height calculation from the average height of the main roof. The measurement needs to be taken from the mid-point of the highest roof. After some discussion, Ms. Hoadley stated they would take the roof height down. Ms. Hoadley submitted a chart regarding fagade areas etc. After some review, it was determined that Ms. Hoadley would have to update the chart as the calculations were not correct. Chairman Chittick asked if anyone wished to speak in the audience. Mr.Jim Sandell asked if you can knock down a house and then build and create a new nonconformity. Chairman Chittick stated yes,you ZBA—7.16.15-JBO 4 Minutes—Zoning Board of Appeals July 16,2015 can raze and reconstruct. Richard Redfield of 6 Ennis Court stated that all of the neighborhood is against this house. He stated that the applicants are comparing the house to Margin Street and that is not like their neighborhood. He stated that it is too big and too tall. Chairman Chittick stated that the size of the house is not a zoning matter. Mr. McMorris confirmed with the applicant that if it were not for the small bump out, they could have just built along the back and would not have had to come to seek relief at all. The applicant confirmed that could have been the case. Mr.J.Theriault of 42 Stockbridge Street stated he owned the driveway that abuts 46 Stockbridge Street and he has concerns regarding parking. Mr. Brendan Sullivan reviewed the parking plan showing that there would be a 5' setback from the lot line as required per the bylaw; there will also be a 35' turning radius. Ms. Bridget McGovern of 40 Stockbridge Street asked about the third floor. Chairman Chittick asked the applicants what the internal height of the third floor was. Ms. Hoadley stated that they are counting it as unfinished attic space and that the proposed structure is two stories. Mr. McMorris asked if they could bring the third floor down to make is so it could never be livable. After further discussion,the Board asked for corrected calculations and amended plans showing the correct roof height. Chairman Chittick moved to continue the hearing. Mr. Goedecke seconded the motion and the vote was unanimous. Member Jennifer Schultz left for the evening. SPECIAL PERMIT—Filed by Pamela Ireland,seeks to construct a garage and side addition, portions of which will extend the existing non-conforming side-setback at 66 Nichols Road. §8.7. File#15.06.15b. Chairman Chittick asked Vice-Chairman, Peter Goedecke, to Chair the hearing. Chairman Chittick recused himself and left the room. Can Tiryaki of Tiryaki Designs and the applicant, Pamela Ireland, addressed the Board. Mr.Tiryaki reviewed the plans explaining that they are requesting to add a single story structure with a basement where the current garage presently sits. This will connect to a two story garage that will be in front of the addition. On the Western fagade,the square footage increase will be 158 to 615 square feet and on the south, the fagade of the dwelling within the setback will increase from 79 to 229 square feet. After further discussion, the Board asked if anyone in the audience wished to speak. There was noone. Mr. Lacy moved to continue the hearing. Mr. McMorris seconded the motion and the vote was unanimous. DELIBERATIONS SPECIAL PERMIT—Filed by John Cavanaro on behalf of his client,John Steinmetz,for construction of a driveway and a utility within the flood zone at 1 James Island Way. §§9.7.6&9.7.7. After a brief discussion, Mr. McMorris moved to approve the decision as amended to grant the relief sought under§§9.7.6&9.7.7. Mr. Lacy seconded the motion and the vote was unanimous (Messrs. Goedecke, Lacy and McMorris). Documents: ZBA—7.16.15-JBO 5 Minutes—Zoning Board of Appeals July 16,2015 ➢ 50 Stockbridge Street—Special Permit Application Second Submissions—Filed July 9, 2015 ➢ Matt Smith of 48 Stockbridge Street hand out of proposed South Elevations date stamped July 16, 2015 ➢ Existing and Proposed, not to scale,total main dwelling and attached deck non-conformities to required yards—submitted by John Cavanaro of Cavanaro Consulting on behalf of 50 Stockbridge Street—date stamped July 16, 2015. ➢ Proposed elevations of 50 Stockbridge Street submitted by A. Kearney Architects—date stamped July 16, 2015. ➢ Kenner v. Zoning Board of Appeals of Chatham—submitted by Jennifer Schultz—50 Stockbridge Street. ➢ Chart of Stockbridge Street Average House Size Per Square Foot—submitted by Lucki Real Estate. ➢ Analysis of Finished Area to Lot Size Ratio on Stockbridge Street prepared by Lucki Real Estate LLC for July 16, 2015 Zoning Board Hearing. ➢ July 16, 2015 Letter from Andrew Willard of 37 Stockbridge Street regarding 46 Stockbridge Street. ➢ July 16, 2015 letter from Elizabeth McLoughlin regarding 46 Stockbridge Street. ➢ July 16, 2015 letter from Richard and Enda Redfield of 6 Ennis Court regarding 46 Stockbridge Street. ➢ Chart submitted by Susan Hoadley of Hoadley Martinez dated July 15, 2015 (calculations deemed incorrect—Board requested an updated chart be submitted). ➢ Emails of support from neighbors Marc Picot and Ann and Rick Swanborg. ZBA—7.16.15-JBO 6