HomeMy WebLinkAboutMinutes - ZBoA - 11/03/2015 Zoning Board of Appeals FINAL MINUTES 1 of 6
November 3,2015
COHASSET ZONING BOARD OF APPEALS
DATE: NOVEMBER 3,2015
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
The Board agreed that the next meeting of the Board would be December 7, 2015.
CONTINUED HEARINGS
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. 0.7. 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 S. Woodworth Chittick asked Mr. Peter Goedecke to Chair this hearing. Chairman Chittick then recused
himself and left the room. Mr. Benjamin Lacy recused himself and moved to a seat in the audience.
Attorney Richard Henderson addressed the Board on behalf of his clients. He stated that he has submitted a memo
to the Board on the legal issues of this application. He asked Mr. Michael Coutu of the Sudbury Design Group to
review the foliage behind the existing garage and to review what would be removed. Mr. Coutu addressed the
Board. He explained that they plan on keeping the trees that exist along the street. When the design a site plan,
they look at the trees and determine what trees are healthy and what they hope to be able save. They plan on trying
to save the Oak Tree that is located near the Lacy property(183 Jerusalem Road), other trees are a Norway Maple
and a Large Black Pine. Other trees that are located on the side setback are not in good health and would come
down for grading work. Attorney Henderson then asked the Board if there were any questions regarding the site
plan. Chairman Goedecke asked if the most current version of the site plan is the one dated September 22,2015.
Attorney Henderson confirmed that it was and that the plan shows the garage doors facing Jerusalem Road.
Chairman Goedecke stated that it seemed to him that it would be feasible to propose the garage outside of the
setbacks. Mr. Coutu stated that this would affect the turning radius and snow storage from snow removal. Mr. Can
Tiryaki of Tiryaki Designs added that the reason they would like the garage located as proposed is so that it does
not block the house from the street.
Attorney Henderson addressed the Board. He cited points from his memo regarding the percentage of increase and
what legal authority the Board has to mandate it. He stated that the board has to look at the effect on the neighbors
and neighborhood. This proposed structure is 73 feet away from the building of the nearest abutter. He does not
feel that the garage would interfere with light or over-crowding and that he does not think it would be detrimental
to the neighborhood. Chairman Goedecke stated that any building within any setback could be seen as
detrimental. It's up to the Board to determine if it substantially so. Chairman Goedecke added that the proposed is
twice as big horizontally and twice as tall and it is being moved closer to an abutter.
Zoning Board of Appeals FINAL MINUTES 2 of 6
November 3,2015
After further discussion, Chairman Goedecke asked if anyone in the audience wished to speak. Ms. Paula Becker
and Mr. James Mahar of 185 Jerusalem Road addressed the Board. Ms. Becker stated she thought there would be
communication from the applicants to them,but there has not been any since the last hearing. Ms. Becker thinks
the garage should be located 100 feet back from the front setback. The proposed is 22.6 feet in height and is 10'
feet closer and that is where they really have an issue with the application. She stated that what is proposed is
quadruple the volume of the existing garage and the proposed will be built in the middle of their view. She is also
concerned about them removing the natural barrier. She asked that the Board deny the Special Permit.
Landowner,Pamela Maltz, addressed the Board. She stated that they have been in Cohasset for 20 years and they
like their neighborhood. She said they could have built a larger house,but they designed it 10' lower out of respect
for their neighbors. They met with their neighbors and changed the design of the garage twice. They are going to
make the property in better condition per Conservation than what it is there now.
Mr.Higginson moved to close the hearing. Mr.McMorris seconded the motion and the vote was unanimous.
Chairman Chittick and Mr. Lacy returned to their seats.
NEW HEARINGS
APPEAL—Filed by Eric S.Kupperstein of the Building Inspector's issuance of a Building Permit to build a
single family home at 31 Otis Avenue aka Lot 5 (landowners Charles D.Henry and Kathleen Fox). File
#15.08.25
In attendance to represent agenda item: Mr. Eric S. Kupperstein
Mr. Eric Kupperstein addressed the Board. He explained that the reason he has brought the appeal is because 31
Otis Avenue/Lot 5, as it is presently configured does not meet the definition of a lot per the Zoning Bylaws. He
said that the lot is not in one ownership and that he owns part of Otis Avenue. Mr. Lacy asked if the land he claims
was not conveyed[when Mr. Kupperstein sold the lot] to the new owner. Mr. Kupperstein said that he conveyed all
of it but 400 feet which he retained. There was then an extensive conversation regarding the plans for this lot that
go back to 1996. . Mr. Kupperstein addressed the concerns of Attorney Richard Henderson who represents the lot
owners, Charles D. Henry and Kathleen Fox) about estopple. Mr. Kupperstein responded in a brief and reviewed
for the Board why does not agree that estopple applies.
Attorney Richard Henderson then addressed the Board. Ownership is a concept and it does not matter if there is
one owner or 10,000 owners. The deed was conveyed, in its entirety,to Mr. McKenna the developer. The lot
received a sewer permit and other relief from other departments. There was then an extensive conversation about
the conveyance of the deed.
Mr. David McMorris addressed Mr. Kupperstein and stated that the Board was limited in jurisdiction or interest
regarding this Appeal. The Board is not going to conduct title searches. He added that Mr. Kupperstein should
have supplied the Board with better plans to read. Mr. Kupperstein responded, saying that he is before the Board
regarding the Building Permit that was issued. Mr. Goedecke asked how Mr. Kupperstein was able to sell a lot for
which he claimed he owned a part of. Chairman Chittick asked if the other owners of the lot were in the room.
There were none. Mr. Kupperstein stated that he had easement rights.
Attorney Henderson said that when Mr. Kupperstein sold the lot and delivered the deed for it,he gave up his rights
to it. The Building Permit is legitimate. The Boards, Town Clerk, Sewer, everyone has agreed it is. Mr.
Goedecke moved to continue the hearing. Mr.Lacy seconded the motion and the vote was unanimous.
Zoning Board of Appeals FINAL MINUTES 3 of 6
November 3,2015
APPEAL—Filed by John and Adrienne McCarthy of 85 Doane Street of the Building:Inspector's Denial of
Enforcement at 90 Doane Street(landowners Andrew D. and Linda W.Ash). File#15.10.01.
In attendance to represent agenda item: Attorney Brandon Moss of Murphy, Hess&Toomey
Mr. David McMorris recused himself and left the room.
Attorney Brandon Moss of Murphy,Hess,Toomey addressed the Board on behalf of his clients, John and Adrienne
McCarthy of 85 Doane Street. Other neighbors are part of this appeal, including Doug Conroy of 96 Doane Street,
Adam Normal of 88 Doane Street,Ronnie McMorris of 89 Doane Street and the Fernalds of 95 Doane Street.
Attorney Moss reviewed why they are before the Board, describing the area as a quiet residential neighborhood, full
of long-time residents who take pride in their neighborhood. The owner of the property in question, 90 Doane
Street, is Larry Ash. He lives there with his son and daughter. He also has 3 friends living on the property with
their children for a total of 9 people. Another neighbor,Adam Norman,went to the Ash home to alert them of a
fence he was installing. He met"Joe"who said that he was a renter living in the basement. Another neighbor,Mr.
Doug Conroy, overheard a conversation between Mr. Ash and the couple living at 90 Doane about the high water
bill and the need to cover the cost of it. Attorney Moss stated that when this was brought to the Building
Commissioner's attention,the Commissioner took Mr. Ash's word that there were not renters at the home.
Attorney Moss stated that it has taken a lot for the neighbors to come before the Board and they had first tried to go
through the Building Commissioner. He added that a neighbor,Mr. Conroy, saw a sign in the front yard that said
"half a house for rent". Chairman Chittick asked if anyone took a photo of the sign. They had not.Attorney Moss
said that from their perspective,Mr. Ash does not hold a Building Permit for a 2 family,he does not have a Special
Permit for a Lodging House, and there is no assurance that there is not an issue with the Septic System. There have
been Police at the house regarding a restraining order. Mr. Lacy asked if it would be illegal for Mr. Ash to have
non-paying guests at his house. Attorney Moss said that in his opinion, it would be illegal per 2.1 regarding a
lodging unit. There was then a discussion regarding lodging units and dwelling units. Attorney Moss stated it was
important to point out that Mr.Ash was granted a Building Permit to build a kitchen and a bathroom. Why would
he need two kitchens? Attorney Moss stated that what is before the Board is whether he (Mr.Ash)is in compliance
with the Bylaws. Mr. Goedecke stated that in any case, the burden of proof is on them. The Board then reviewed
the cases that Attorney Moss had provided in his brief to the Board.
Chairman Chittick asked if anyone wished to speak. Mr.Larry Ash, owner of 90 Doane Street,read a prepared
statement. He said that he is at a legal disadvantage. He is providing a place for Mr. Barnes and his family to stay
until they can find housing. He then read his statement into the record(in file). Chairman Chittick asked Mr. Ash
about the Building Permit for the Kitchen and the Bathroom. Mr.Ash stated that no construction has begun. He
added that he has four bedrooms. He occupies two. His lifelong friend,Mr. Scott Barnes Senior,his wife and two
children are in the other two.
Building Commissioner, Robert Egan, addressed the Board. He stated that he did try to address the concerns in
Mrs. McCarthy's letter. For many of the issues,he does not have the authority to do anything about them. He
stated that Mr.Ash could have a two family with a Building Permit. Mr. Egan thought he had answered the
concerns of the neighbors and reiterated that he only has so much authority. He confirmed that Mr. Ash did have a
building permit for the kitchen and bathroom,but that permit has since expired. Mr.Ash clarified that he has a dirt
cellar with no living provisions and that his son was accused of a crime,but was found not guilty and his ankle
bracelet was removed.
Mrs. Adrienne McCarthy addressed the Board. She stated that at issue is whether the house is being used as a
lodging house or a dwelling unit. Her concern is whether or not all of the Zoning Bylaws are being followed. If
Mr. Ash can convert to a two family,then so be it. They just want everything to comply with the law.
Zoning Board of Appeals FINAL MINUTES 4 of 6
November 3,2015
Mr. Doug Conroy of 96 Doane Street said that he is not comfortable being here this evening. He has been in the
neighborhood for 22 years and they have never had an issue. He said there has been a couple at 90 Doane since
March and they are still there. If he [Mr. Ash} can have a 2 family, then so be it. Right now it is being awfully
intrusive on the neighbors. He is not sure if the Town is enforcing what it should.
Mrs. Ronnie McMorris of 89 Doane Street addressed the Board. Mrs. McMorris stated that she appreciates what
Larry is doing for his friends, but there is a definition for "temporary". The Bed and Breakfast bylaw that was
adopted defines "temporary" as no more than 90 days. She added that this has negatively impacted the
neighborhood residents of Doane Street. They are loud, their language is not family friendly and it is very
disruptive to the neighborhood.
Attorney Moss pointed out that under §4.3.2 it states no use shall be injurious, dangerous, cause noise etc.
Chairman Chittick stated that is a Bylaw,but their evidence is not irrefutable. The Board will need to deliberate; he
wishes they had submitted stronger evidence. Mr. Lacy asked even if there was stronger evidence, what would the
remedy be? After a brief discussion, Mr. Goedecke moved to continue the hearing. Mr. Higginson seconded
the motion and the vote was unanimous.
SPECIAL PERMIT —Filed by Attorney Richard Henderson on behalf of his clients, Peter S. and Susan W.
Murlev,Trustees of 401 Jerusalem Realty Trust, seeks to reconstruct portions of the residential dwelling and
attach a garage at 401 Jerusalem Road. "8.7 & 9.7. File#15.10.08.
In attendance to represent agenda item: Attorney Richard Henderson, Architect Sally Weston and John Cavanaro
of Cavanaro Consulting.
Attorney Richard Henderson and Architect Sally Weston addressed the Board. Attorney Henderson explained that
the only nonconformity is on the West side. They are raising the roof 5 feet and there is an encroachment of.3"
with a little eave. Chairman Chittick asked if this encroachment would require a Variance. Attorney Henderson
stated it would not because it's not floor space,just an eave. Chairman Chittick stated that there are no heights on
the last three pages of the plans and that the Board will need more accurate drawings.
Mr. John Cavanaro addressed the Board to review the site plan. He explained that the deck in the back is being
removed, so the ground coverage is being reduced and the overall footprint of the house is not being enlarged. Any
expansion is cantilevered on the second floor. They are getting slightly closer on one triangle. It's under 1 square
foot and would be considered a permitted projection. He added that the lot coverage is going down. They are
removing a paved driveway and replacing it with a crushed stone driveway. They are removing stairs and a deck in
the back. The other deck they are shortening and they will have a patio. The deck supports will be reduced from 9
to 3. Ms. Weston reviewed her plans and the heights for the Board. Mr. Goedecke stated that they would need
actual figures before they could approve anything. Attorney Henderson added that they had talked with their
neighbors and there were not any issues. Chairman Chittick asked that actual height, as well as fagade volume
calculations be submitted to the Board. They asked Mr. Cavanaro to provide the actual calculations for the deck
supports. Mr. Cavanaro said they would measure 6 square feet. Chairman Chittick moved to continue the
hearing. Mr.Lacy seconded the motion and the vote was unanimous.
SPECIAL PERMIT - Filed by Gregory Morse, PE, on behalf of his client,Hancock Real Estate Investment,
LLC,seeks to raze and reconstruct a single family home at 348 B North Main Street. &8.7. File#15.10.09.
In attendance to represent agenda item: Attorney James Baldesini and Engineer Gregory Morse of More
Engineering
Mr. James Baldassini,Representing Charles Ricciuti of Hancock Real Estate Investment, addressed the Board. Mr.
Ricciuti explained that Hancock Real Estate not only owns this house,but the house located in front of it. They are
proposing to raze the house at 348B North Main Street and move it back 7.4 feet with a new foundation. When
they move it, the rear setback will conform with the Bylaws. They are asking to go up from one story to two
stories. The square footage of the proposed house would be approximately 1,600 square feet and will have two
bedrooms and two bathrooms. Engineer Gregory Morse addressed the Board and stated that the proposed height
Zoning Board of Appeals FINAL MINUTES 5 of 6
November 3,2015
would measure between 29-33 feet at the midpoint. The two houses will share a septic system. When reviewing
the submitted plans, it was determined errors need to be corrected. They will also need to submit a new site plan
showing the setbacks,the abutting properties and the distance of the proposed deck.
Chairman Chittick asked if anyone in the audience wished to speak now. Mr. Charles Lindgren of 344 North Main
Street asked if they would be putting in a basement. She is hoping they won't have to blast. After some further
discussion, Mr. Higginson moved to continue the hearing. Mr. Geodecke seconded the motion and the vote
was unanimous.
CONTINUED 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, Mr. Lacy moved to continue the hearing until January 2016. Mr.
Higginson 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, Mr. Lacy moved to continue the hearing until January 2016. Mr.
Higginson seconded the motion and the vote was unanimous.
APPEAL Filed by Stephen W. Rider, Esquire, on behalf of his client,David F. Crowley-Buck, Trustee of the
Crowley Family Qualified 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.
At the request of Attorney Rider, Mr. Lacy moved to continue the hearing until January 2016. Mr.
Higginson seconded the motion and the vote was unanimous.
Topics not reasonably anticipated by the Chairman 48 hours in advance of the meeting.
Attorney Jeffrey De Lisi asked the Board what steps he should take to modify Special Permit #00.01.04 for 44
Border Street. He would like to request the Board remove condition#9. After some discussion, it was agreed they
should apply for the next Zoning Board Hearing to amend the existing Special Permit.
Chairman Chittick moved to adjourn the meeting. Mr. Goedecke seconded the motion and the vote was
unanimous. Meeting adjourned at 12:OOAM.
Respectfully,
Jennifer Brennan Oram
Assistant Clerk,Zoning Board of Appeals
Documents:
Zoning Board of Appeals FINAL MINUTES 6 of 6
November 3,2015
Sketch drawn by Michael Coutu of Sudbury Design Group
Brief filed by Attorney Richard Henderson regarding 183 Jerusalem Road, dated October 29, 2015
Brief filed by Attorney Richard Henderson regarding Appeal filed by Eric S. Kupperstein regarding 31 Otis
Avenue/Lot 5
Reply Memorandum filed by Eric Kupperstein, dated November 3, 2015,regarding 31 Otis Avenue/Lot 5
Documents filed by Adrienne McCarthy regarding 90 Doane Street
Letter from Arthur Ash regarding 90 Doane Street