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HomeMy WebLinkAboutMinutes - ZBoA - 12/07/2015 Zoning Board of Appeals FINAL MINUTES 1 of 4 December 7,2015 COHASSET ZONING BOARD OF APPEALS DATE: DECMEBER 7,2015 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 (arrived at 8PM) 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 January 12,2016. CONTINUED HEARINGS Member Charles Higginson not present at the opening of the meeting. 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 Attorney Richard Henderson addressed the Board and reviewed the brief he submitted to the Board. Mr. Eric Kupperstein was not present. After some discussion,the Board held the hearing open to see if Mr. Kupperstein would attend the hearing. 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. Mr.David McMorris recused himself and left the room. Ms.Adrienne McCarthy of 85 Doane Street addressed the Board and handed out an additional submission. She then read a statement into the record. She said that she and her neighbors believe that 90 Doane Street is not being used as a single family dwelling. It is their belief that an additional 5 people,in addition to the owner,Larry Ash,who are non-family members, are also residing at 90 Doane Street. She reviewed the names of the individuals the appellants believe to be residing 90 Doane street and also referred to the submission their Attorney prepared that was filed on December 3,2015. In that submission there are several photos of people coming and going from the residence in question. Short of hiring a private investigator, it is their belief that these are residents of 90 Doane Street. There was then an extensive discussion amongst the Board about the definition of a Lodging House. Chairman Chittick then asked if anyone wished to speak. Mrs. Roseanne McMorris of 89 Doane Street stated that if these people are guests,they would not be treating the house as their primary residence and receiving their mail there and registering their vehicles at 90 Doane Street. Page 1 of 4 Zoning Board of Appeals FINAL MINUTES 2 of 4 December 7,2015 Mr. Lawrence W. Ash, owner of 90 Doane Street, addressed the Board. He read a statement into the record. In it, Mr. Ash said that he is helping his friends out who are dealing with a housing crisis. His friends are on a waiting list for government housing. He stated that the photos submitted by the appellants is not evidence. Taking pictures of his friends coming and going from his home does not prove anything. Mr. Peter Goedecke said that it the Board's job to look at the evidence provided. Mr. Goedecke asked if Mr. Ash could provide a copy of the housing waiting list his friends are on. Mr. Ash said the he is at a legal disadvantage and that he had not been provided any of the documentation the appellants had filed with the Board. Chairman Chittick explained that Mr. Ash could have reviewed the files at any time. Mr.Ash requested that the Board continue the hearing to allow him to seek Counsel,to review the evidence submitted and to provide evidence to the Board. Member Charles Higginson arrived at 8:OOPM. Chairman Chittick updated him on this hearing. After some discussion, Chairman Chittick moved to continue the hearing to January 12,2015 to receive more evidence. Mr.Benjamin Lacy seconded the motion and the vote was unanimous. 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 Attorney Henderson asked if the Board would consider closing the hearing where it was now 8:30PM and Mr. Kupperstein had not arrived for the hearing. After a brief discussion, Mr. Goedecke moved to close the hearing. Mr.McMorris seconded the motion and the vote was unanimous. The Board agreed to deliberate this matter later in the evening. SPECIAL PERMIT —Filed by Attorney Richard Henderson on behalf of his clients, Peter S. and Susan W. Murley,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: Attorney Richard Henderson, John Cavanaro of Cavanaro Consulting and Architect Sally Weston. Attorney Richard Henderson addressed the Board. Per the Board's request, Attorney Henderson submitted a letter stating that the date of the principal structure/dwelling was built was between 1966 and 1967. Mr. John Cavanaro addressed the Board. He stated that the only changes to the new site plan were the addition of the neighbor's dwellings. Ms. Sally Weston reviewed the amended architectural drawings she had submitted to the Board. She stated that the average grade was 28.9' (figure provided by John Cavanaro) and that the height at the mid-point of the highest roof is 26.2'. There was then a discussion trying to determine which was the highest roof, after this discussion, it was agreed that the roof height was actually between 28 and 29'. The Board requested an exact height be submitted before they draft the opinion. They then reviewed the eave that brings the house closer to the lot line. The description on the plans state that it is a cantilevered eave; which indicates that it may be inhabitable. Ms. Weston explained that this is not the case, the eve is not inhabitable and projects out only 5 inches. Chairman Chittick asked if anyone in the audience wished to speak. There was no response. After further discussion, Mr. Goedecke moved to continue. 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, Charles Ricciti of Hancock Real Estate Investment. Mr. James Baldesini, Representing Charles Ricciti of Hancock Real Estate Investment, addressed the Board. They reviewed the updated plans they provided the Board in their packet. Mr. Baldesini explained that the house faces the right of way. They then reviewed the plans and the proposed changes to the setbacks. The North side is now located to 9.4' from the lot line and the side setback is 12.7' to the bulkhead. The other setback is at 18.5' (15' Page 2 of 4 Zoning Board of Appeals FINAL MINUTES 3 of 4 December 7,2015 required). The Board discussed the setbacks and worked to determine what would be considered the front of the house to calculate where the setbacks are. After an extensive conversation, they agreed that the house faces the Right of Way and has for many years; for purposes of this project, they will consider this the frontage of the house (though most likely the house does not have frontage per the definition of the Bylaws). Mr. Geodecke asked them to move the deck back 10"and this would avoid it being considered a Variance. They then reviewed the proposed elevations. The existing height is between 10'-12'. The proposed, measured from the average grade is approximately 28' at the mid-point of the ridge. The proposal would double the volume in the setback. The applicant stated that the proposed footprint would be less than the existing footprint of 909 square feet; the proposed is 768 square feet. They are also pulling the house back from the side setback. The Board will need to discuss whether they find the increase of the volume within the setback substantially more detrimental. Chairman Chittick asked if anyone in the audience wished to speak. Mr. Charles F. Lindgren of 344 North Main Street said that he had no complaints regarding the proposed. The existing house is in rough shape. After a brief discussion, Chairman Chittick moved to continue the hearing. Mr. Lacy seconded the motion and the vote was unanimous. NEW HEARINGS MODIFICATION OF A SPECIAL PERMIT—Filed by Attorney Jeffrey De Lisi,on behalf of his client, Gerd A. Ordelheide,to modify existing SPECIAL PERMIT#00.01.04 to remove an existing condition form the SPECIAL PERMIT. File#15.11.06 In attendance to represent agenda item: Attorney Jeffrey De Lisi. This is a modification of existing Special Permit#00.01.04. Attorney De Lisi explained that they are not changing anything in the existing permit,they are just requesting to remove condition#9 of the Special Permit. This will allow the sale to occur. Chairman Chittick asked if anyone wished to speak in the audience. Mr. Paul Adams, owner of the boat docks located at the Salt House, asked questions about what will happen regarding the parking. He stated that the building is actually condominiums and he owns a percentage of the parking. Attorney De Lisi stated he was not aware of this. This modification is the first step in the purchasing of the property and everything will have to be looked at a later date. After review of the proposed decision drafted by Attorney De Lisi, edits were agreed upon. Chairman Chittick move to close the hearing. Mr.McMorris seconded the motion and the vote was unanimous. The decision will be filed. DELIBERATIONS 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#15.10.09. Chairman Chittick recused himself and let the room. He asked Mr. Goedecke to Chair the deliberation. Mr. Lacy recused himself and moved to a seat in the audience. Mr. Higginson reviewed his draft decision. The Board had an extensive deliberation. Attorney Richard Henderson was in the audience and asked to be recognized by the Chair. Attorney Henderson stated that where no decision had been officially rendered, may they request to withdraw the application Without Prejudice. The Board agreed. Mr. Geodecke moved to approve the request from the applicants to Withdraw Without Prejudice. Mr. Higginson seconded the motion and the vote was unanimous. Chairman Chittick and Mr. Lacy returned to their seats. Page 3 of 4 Zoning Board of Appeals FINAL MINUTES 4 of 4 December 7,2015 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 Chairman Chittick reviewed his draft decision for the Board. After a lengthy review, Chairman Chittick moved to deny the Appeal. Mr.McMorris 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. Chairman Chittick 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. Chairman Chittick 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 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. Chairman Chittick moved to continue the hearing until January 2016. Mr. Higginson 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 11:30AM. Respectfully, Jennifer Brennan Oram Assistant Clerk,Zoning Board of Appeals Documents: Brief submitted by Attorney Richard Henderson, dated December 2, 2015 regarding 31 Otis Avenue (Lot 5). Submission from Murphy,Hesse,Toomey&Lehane, LLP—Dated December 3, 2015 regarding 90 Doane Street. Submission submitted by John and Adrienne McCarthy December 7, 2015, including a statement read into the record by Adrienne McCarthy, driver's license information etc. Statement form Mr. Lawrence W.Ash, dated December 7,2015 Letter from Adam Norman of 88 Doane Street regarding 90 Doane Street Letter from Attorney Henderson dated December 2, 2015 confirming the date 401 Jerusalem Road was built. Page 4 of 4