HomeMy WebLinkAboutMinutes - ZBoA - 03/16/2016 March 16,2016 Zoning Meeting FINAL
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COHASSET ZONING BOARD
DATE: Wednesday,March 16,2016
TIME: 7:30 PM
PLACE: Cohasset Town Hall - Selectman's Office
41 Highland Avenue, Cohasset, MA 02025
Board Members Present: S. Woodworth Chittick
Charles Higginson
Benjamin Lacy
Peter Goedecke
David McMorris
Matthew Watkins
Recording Secretary Present: Chrissie Dahlstrom,Administrative Assistant
7:30 PM —Chairman S.Woodworth Chittick called the meeting to order.
Introduction of our new board member,Matt Watkins.
7:34 PM —Approve Zoning Board of Appeal Meeting Dates May 9,2016,and June 6, 2016.
CONTINUED HEARINGS
7:37 PM-APPEAL —Filed by John and Adrienne MacCarthy of 85 Doane Street of the Building Inspector's Denial of
Enforcementat 90 Doane Street(landowners Andrew D.and Linda W. Ash). File#15.10.01.
In attendance for this agenda item:Attorney Matthew Watsky on behalfof the MacCarthys;John and Adrienne
MacCarthy of 85 Doane Street; Doug Conroyof 96 Doane Street; Bob Egan,Building Inspector
Materials for this agenda item:Letter from the MacCarthy's dated January29,2016;Letter from Attorney Watsky
dated March 8,2016
David McMorris recused himself from this hearing.
Attorney Watsky provided case law examples ofwhat a single familyhousekeeping unitis.In Worcesterthere was a
similarcase where unrelated individuals were renting space.Four cohabitating men,who were friends,rented a
house fora year during college.This case was enforced by its Zoning Ordinance and found to be an unlicensed
lodging case since the students were notfamily.Cohasset's4.2 bylaw provision states to have lodgers requires a
certain license.In the case of 90 Doane Street, Mr. Ash does nothave a lodging license.
Other considerations for 90 Doane Street:
• Could 90 Doane Street be considered an accessorydwelling unit?Itis defined as a separate dwelling within
one house and this description doesn'tdescribe 90 Doane Streets situation.
• Could 90 Doane Street be considered a bed and breakfast?No,this situation calls forshortterm guests and
includes breakfast.
• Could 90 Doane Street be considered a guesthouse?No,a guesthouse has guests intermittently,not
housing a guest continuously,and no rent can be charged.
The guests at90 Doane Street are long term and unrelated.Lodging up to five unrelated guests is permitted in
certain districts and does require permission with a special permitwith consideration to parking,septicand bedrooms.
MOTION: By Chairman Chittick to Move to Continue to April 4,2016
SECONDED: Member Ben Lacy
VOTE: 5—0 MOTION CARRIES
8:33 PM—APPEAL —Filed by Stephen W. Rider, Esquire,on behalf of his client,David F. Crowley-Buck,Trustee of
the Crowley Fam ilyQualified Residential Trust(Janice Crowleyrepresenting),of 392 Jerusalem Road, ofthe
Building Inspector's Notice of Cease and Desistdated June 15,2015.File#15.07.13.Continued to April 4,2016.
MOTION: By Chairman Chittick Motion to Continue on April 4,2016
SECONDED: Member Ben Lacy
VOTE: 5—0 MOTION CARRIES
8:35 PM —SPECIAL PERMIT —Filed by Cavanaro Consulting on behalf of clients,Julie and Joseph Guerra,seeks to
change grade and build an addition in the floodplain at81 Elm Street. §9.File#16.01.06.
Mr.Chittick recused himself from this hearing.
In attendance for this agenda item:Julie and Joe Guerra of 81 Elm Street; Carmen Hudson ofCavanaro Consulting;
Can Tiryaki ofTiryaki Architectural Design
Materials for this agenda item:Zoning Board of Appeals application;1995 Special Permitdecision;Letterfrom
Cavanaro Consulting dated February29,2016;Stormwater Perm itand Conditions with a letter from Conservation
March 16,2016 Zoning Meeting FINAL
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Commission dated March 10,2016;Cava naro Plan 12046 dated 1/6/16,revised 2/26/16;Tiryaki Architectural Design
PlansAE1.0, AE1.1, A1.0, A1.1
Ms. Hudson is requesting as pecial permit under Section 9.7.8 for a proposed home addition project.The plans show
a slab under the addition and as I ightreconfigu ration of the driveway turnaround.The foundations ystem will include
Smart Vents. The footprint is approximately700 SF including the footings to support the proposed porches and deck.
The zoning relief is necessaryto construct an addition to an existing non-flood compliantdwelIing and grade within
the Flood Plain.The house was built in 1840 so it is not flood compliant.The addition is outside of the building
setbacks.The house is non-conforming to the side but the addition complies.The entire property is within the
flood plain with the exception of 10'in the front of the house.James Brook is in the rear of the home with a salt marsh.
The Notice of Intent and Storm Water Permit were both approved by the Conservation Commission.The addition will
have abasement,which will need to be dug and graded,so as to guide the drains outback where the yard will be
lower.When lowering the back portion of the addition,the slab will then be lower than grade with the digging.The
slab elevation is 4.5 and grading for the addition is approx imately4.4.The two porches and one deckwill be on sono
tubes and walls underthe existing deck.The floodplain is a water resource area.When a flood happens due to a
coastal storm,it backs up to James Brook.The coastflood ends at the culvert. James Brook doesn'tgethigh at that
portion of Elm Street. This property is not subjectto tidal action.Coastal flooding is nota daily occurrence.
MOTION: By Mr.Goedecke to Continue to April 4,2016
SECONDED: Member Charles Higginson
VOTE: 5—0 MOTION CARRIES
ADMINISTRATIVE
Approve meeting minutesfrom January12,2016
MOTION: By Chairman Chittick Motion to Approve Minutes from January 12,2016
SECONDED: Member Mr. McMorris
VOTE: 6—0 MOTION CARRIES
Approve meeting minutesfrom February1, 2016 Executive Session
MOTION: By Chairman Chittick Motion to Approve Minutes from February 1,2016 Executive Session
SECONDED: Member Mr. Higginson
VOTE: 6—0 MOTION CARRIES
Approve meeting m inutes from February 1, 2016 Open Session
MOTION: By Chairman Chittick Motion to Approve Minutes from February 1,2016 Open Session
SECONDED: Member Mr. Goedecke
VOTE: 6—0 MOTION CARRIES
9:45 PM —Meeting Adjourned
MOTION: By Mr.Lacy Motion to Adjourn the meeting
SECONDED: Member Mr. Watkins
VOTE: 6—0 MOTION CARRIES