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Home My WebLink AboutMinutes - ZBoA - 10/05/2015 Zoning Board of Appeals FINAL MINUTES 1 of 3 October 5,2015 COHASSET ZONING BOARD OF APPEALS DATE: OCTOBER 5,2015 TIME: 7:30 PM PLACE: COHASSET TOWN HALL—Selectmen's Meeting Room 41 HIGHLAND AVENUE,COHASSET,MA 02025 Board Members Present: S. Woodworth Chittick, Chairman Peter Goedecke,Vice Chairman Charles Higginson, Benjamin Lacy David McMorris Assistant Clerk Present: Jennifer Oram,Assistant Clerk,ZBA BOARD BUSINESS Wilmarc Charles—Request for extension of Comprehensive Permit for 25 Ripley Road. Mr. Charles addressed the Board. He reviewed the terms of his loan modification and why he is requesting another extension of his Comprehensive Permit. After some discussion, the Board agreed to discuss the request for the extension at the end of the meeting. The Board agreed that their next meeting would be November 3,2015. CONTINUED HEARINGS APPEAL-Filed by Stephen W.Rider,Esquire, on behalf of his client,David F. Crowley-Buck,Trustee of the Crowley Family Oualified Residential Trust (Janice Crowley representing), of 392 Jerusalem Road, of the Building Inspector's Notice of Cease and Desist dated June 15,2015. File#15.07.13. Attorney Rider submitted a letter dated September 25, 2015 a requesting the appeal hearing be continued until the next hearing. The letter also extends the deadline for filing a decision until January 31, 2016. Mr.Benjamin Lacy moved to continue the hearing until November 3, 2015. Mr. Charles Higginson seconded the motion and the vote was unanimous. SPECIAL PERMIT- Filed by Pamela and David Maltz to construct a new detached garage that will replace the existing non-conforming detached garage at 183 Jerusalem Road. �_ 8.7. File#15.08.07. In attendance to represent agenda item: Attorney Richard Henderson, John Cavanaro of Cavanaro Consulting, Can Tiryaki of Tiryaki Designs and Michael J. Coutu of Sudbury Design Group. Chairman Chittick asked Vice-Chairman, Peter Goedecke to Chair the hearing. Chairman Chittick then recused himself and left the room. Mr. Benjamin Lacy then recused himself and moved to a seat in the audience. Attorney Henderson addressed the Board. He informed the Board that in addition to relief under§8.7 which they applied for, they will also need relief under §9.7 because a portion of the driveway is in the flood plan. Mr. Can Tiryaki addressed the Board and reviewed the architectural plans. Mr. Tiryaki stated that the proposed house will comply with the setback and height requirements. The garage will need relief. He added that there was a slight change to the garage plans that were submitted to the Board. The doors are now in a different location and will be facing Jerusalem Road. The existing garage is non-conforming at 11.5 feet from the side setback. It's a single story garage. They are proposing a new garage that they would push back further from the street, but keep at the same angle as the current garage. They will make the garage more conforming by pushing it in F further away from the Zoning Board of Appeals FINAL MINUTES 2 of 3 October 5,2015 side setback. The proposed garage will be a two car garage, and is two stories with a dormered gambrel roof. The proposed height is 22.5 feet from the mid-point of the highest roof. The cupola will be less than 5% of the roof. There was then discussion regarding the house and if it needed relief. The applicants stated that it did not, but they may need to come back regarding the patio, but that has not been determined yet. Mr. John Cavanaro of Cavanaro Consulting reviewed the proposed plans for the driveway and retaining wall that would be built in Zone AE 12 of the Flood Plain. Mr. Cavanaro reviewed the contours of the property, explaining they will build the contours up until they get to existing grade. He explained that from a Stormwater standpoint, they are reducing the amount of runoff because of the elimination of the paved driveway. They hope to further reduce runoff from the garage by the designed sloping and added vegetation. Mr. Cavanaro then reviewed the tests under §9.7.8 for the driveway. He stated that per the tests they have to meet,they do not feel the proposed retaining wall and driveway are detrimental to drainage, they are not doing any work below elevation 10 and the grading being proposed will not raise the high water mark. The Conservation Commission has approved both an Order of Conditions and a Stormwater Permit. Mr. Charles Higginson asked what the increase in volume within the setback was for the garage. Mr. Tiryaki did the calculations and stated that the existing garage is 1,016 cubic feet and the proposed garage is 3900 cubic feet. Mr. Tiryaki added that the new garage is pushed 35' further from the street from where the existing garage is as well as 1 foot from the side setback. Mr. McMorris asked what the screening plan was for the garage. Mr. Michael J. Coutu of Sudbury Design Group stated that there was not one at this time. Mr. Goedecke asked if there were any more questions from the Board. There was not. He then asked if anyone in the audience wished to speak. Ms. Paula Becker and Mr. James Maher of 185 Jerusalem Road addressed the Board. They are a direct abutter of the project; they are located on the corner of Nichols Road and Jerusalem Road. Ms. Becker stated that in general, they are in support of the project,however they have an issue with the proposed height of the garage. They feel the applicants are taking a one story garage and putting a structure that is 4 times the original volume 20' closer to their home. Ms. Becker stated they would not have an issue with the project if it abided by the side setback. After further discussion, Mr. McMorris moved to continue the hearing to November 3, 2015. Mr. Higginson seconded the motion and the vote was unanimous. Chairman Chittick and Mr. Lacy returned to their seats. SPECIAL PERMIT - Filed by Cavanaro Consulting, on behalf of their client,John P. McNulty to construct an addition to the existing garage in the Flood Plain and within the side yard setback at 468 Chief Justice Cushing Highway. §§9.6& 8.7.2. File#15.07.24 In attendance to represent agenda item: John Cavanaro, Cavanaro Consulting Mr. Lacy stated that all the drawings list the proposed addition as a garage. Mr. Cavanaro clarified this, explaining that the intended use would be a wood working shop for his son. He added that the landowner knows that he cannot store any more than four cars in the existing garage. Mr. Lacy. asked for assurance that the landowner will not take down the wall between the existing garage and the woodworking shop. Mr. Cavanaro confirmed this would be the case. Mr. Cavanaro added that it was a mistake to have the space referred to as a garage on the plans. Mr.Lacy moved to close the hearing. Mr.Higginson seconded the motion and the vote was unanimous. DELIBERATIONS SPECIAL PERMIT - Filed by Cavanaro Consulting, on behalf of their client,John P. McNulty to construct an addition to the existing garage in the Flood Plain and within the side yard setback at 468 Chief Justice Cushing Highway. §§9.6& 8.7.2. File#15.07.24 Zoning Board of Appeals FINAL MINUTES 3 of 3 October 5,2015 After some discussion, Chairman Chittick moved to grant the Special Permit under §§9.6 & 8.7.2. Mr. Higginson seconded the motion and the vote was unanimous, Chairman Chittick, Mr. Goedecke and Mr. Higginson voting. NEW HEARINGS APPEAL - Filed by Stephen W. Rider, Esquire, on behalf of his clients, David F. Crowley-Buck, Trustee of the Crowley Family Qualified Residential Trust, and Janice Crowley of 392 Jerusalem Road. Appeal of the Building Inspector's deemed denial of enforcement at 390 Jerusalem Road (landowner, Lisa Vanderweil Trust,2004). File#15.08.13a. At the request of Attorney Rider, Chairman Chittick moved to continue the hearing until November 2, 2015. Mr.McMorris seconded the motion and the vote was unanimous. APPEAL - Filed by Stephen W. Rider, Esquire, on behalf of his clients, David F. Crowley-Buck, Trustee of the Crowley Family Qualified Residential Trust, and Janice Crowley of 392 Jerusalem Road. Appeal of the Building Inspector's deemed denial of enforcement at 396 Jerusalem Road (landowners, Jason and Caroline Soules). File#15.08.13b. At the request of Attorney Rider, Chairman Chittick moved to continue the hearing until November 2, 2015. Mr.McMorris seconded the motion and the vote was unanimous. BOARD BUSINESS Wilmarc Charles Request—After a brief discussion, Chairman Chittick moved to extend the Comprehensive Permit to January 2017. The applicant must submit a letter in writing by August of 2016 updating the Board on the progress. Mr. Goedecke seconded the motion and the vote was unanimous. Minutes—Chairman Chittick moved to approve the minutes of September 2015 as amended. Mr. Goedecke seconded the motion and the vote was unanimous. Chairman Chittick moved to adjourn the meeting. Mr. Goedecke seconded the motion and the vote was unanimous. Meeting adjourned at 10:15PM. Respectfully, Jennifer Brennan Oram Assistant Clerk,Zoning Board of Appeals Documents: Letter from Attorney Stephen W. Rider, P.C. dated September 25, 2015 regarding the request of an extension on all three appeals filed by his clients,David Crowley-Buck and Janice L. Crowley. Loan Modification Documents submitted by Mr. Wilmarc Charles,25 Ripley Road Master Plan of 183 Jerusalem Road, submitted by Michael J. Coutu,Principal, Sudbury Design Group Photos of lot line between 183 and 185 Jerusalem Road submitted by Paula Becker of 185 Jerusalem Road Amended application for 183 Jerusalem Road