HomeMy WebLinkAboutMinutes - ZBoA - 07/05/2016 July 5,2016 Zoning Meeting FINAL
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COHASSET ZONING BOARD
DATE: Tuesday,July 5, 2016
TIME: 7:30 PM
PLACE: Cohasset Town Hall- Basement
41 Highland Avenue, Cohasset, MA 02025
Board Members Present: S.Woodworth Chittick
Charles Higginson
David McMorris
Matthew Watkins
Benjamin Lacy
Peter Goedecke
Recording Secretary Present: Chrissie Dahlstrom,Administrative Assistant
7:32 PM—Chairman S.Woodworth Chittick called the meeting to order.
7:32 PM- Approve Zoning Board of Appeals meeting dates for August 1, 2016 and September 12, 2016.
7:31 PM— Consideration of Meeting minutes of June 6, 2016 was postponed.
7:34 PM—SPECIAL PERMIT—Filed by Jim Kelliher of Axiom Architects on behalf of his client Rick Greene of 28
Black Horse Lane to raze the existing house and shed and the reconstruct a single family dwelling. File#16.05.11.
In attendance for this agenda item: Rick Greene of 285 Jerusalem Road; Carmen Hudson of Cavanaro Consulting;
Steve Noonan of Axiom Architects; Bob Egan, Cohasset Building Inspector
Materials for this agenda item: Cavanaro Consulting site plan dated 5/10/16, project 16.026, Supplemental Materials
to Accompany Special Permit Application;Axiom Architects plans dated May 4, 2016, File 1602-Plan;Zoning Board
of Appeals; Supportive emails from neighbors
At the Conservation Commission meeting on June 16, 2016,the Notice of Intent(NOI)and Storm Water Permit were
approved.The Planning Board recommended to the Building Department to issue a permit for the large home plan on
June 22,2016.
Ms. Hudson reviewed her reasons for believing that section 5.4.3. of the zoning by-law established a front set back
with which the proposed project would comply,thus eliminating the need for relief under section 8.The Board agreed,
but found further that if section 8.7.2 relief were required,the proposed project would meet the requirements of that
section.
With respect to the relief requested under section 9 of the Zoning Bylaw, Ms. Hudson contended that a special permit
under 9.11 should be granted of right because the combined on the ground area coverage of the proposed dwelling
and garage will be less than that of the existing structures and that the project complies with sections 8.6 and 8.8 of
the Bylaw.
Mr. McMorris'draft will be modified.
MOTION: By Chairman Woody Chittick to Close the Hearing
SECONDED: Member Peter Goedecke
VOTE: 6—0 MOTION CARRIES
8:06PM -SPECIAL PERMIT AND/OR VARIANCE—Filed by Attorney Richard Henderson on behalf of his clients W.
Casey Gildea and Kelli A. Gildea of 31 Highland Avenue to alter and enlarge an existing non-conforming garage. File
#16.05.13
In attendance for this agenda item:Attorney Richard Henderson
Mr. Henderson would like to continue the hearing because the architect's plans are not complete. The plans should
be ready by the next ZBA hearing on August 1, 2016. Because the relief sought may be for a variance Mr. Henderson
agreed on behalf of his client to extend the date by which a decision must be reached to October 31, 2016.
MOTION: By Chairman Woody Chittick to Accept the Request to Extend the Hearing to August 1, 2016
SECONDED: Member Ben Lacy
VOTE: 6—0 MOTION CARRIES
July 5,2016 Zoning Meeting FINAL
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8:09 PM—ORDER OF REMAND—392 Jerusalem Road. Hearing pursuant to Order of Remand from the Superior
court of the Commonwealth concerning a revised proposal regarding the driveway lamppost lights that was originally
discussed during an appeal before the Cohasset Zoning Board of Appeals. File#15.07.13.
In attendance for this agenda item: Stephen W. Rider, Esq. and Alex J. Zedle, representing the Soules;Attorney
Kimberly Saillant of Deutsch Williams, Town Council; Janice Crowley of 392 Jerusalem Road and her Attorney Rich
Henderson
Materials for this agenda item: Compiled photographs and measurements of a variety of residential lampposts in
Cohasset which are located within 15 feet of a lot line; Lighting Settlement Plan; Exhibit A Agreed Driveway Light
Plan
Attorney Saillant said that she had met with Judge Shirer in March regarding a settlement agreement. The opponents
could withdraw with conditions and accept a modification of the plan denied by the ZBA.When an agreement is
made,the board will write a decision on the remand by the Land Court approving the amended plan.After twenty
days, the case should be dismissed by the Court.
Attorney Henderson explained the new lighting plan will offer shielding from the neighbors, the bulbs will be 40 watts,
and the location will be less offensive.
Light 1 is a concern because it is on public land. Mr. Henderson argued that the lamppost marks the location of the
driveway. To move the light would be difficult because of the ledge. There are many steps,walls and gardens on the
edge of properties throughout Cohasset. The height of the lampposts cannot exceed six feet and the light on top of
the post cannot exceed eight inches.
Attorney Henderson stepped out with his clients to discuss this in private.
They reentered the room and suggested to the board the Soules leave all eight lampposts at 6'8"which is measured
from the ground to the top of the light, permanent shielding on lights 1-3, lightbulbs will not exceed a 40-watt
incandescent frosted lightbulb, and the property owner will take responsibility for any damage done to or by pole#1.
Attorney Saillant will draft a motion to the Court for approval by the Board.
MOTION: By Chairman Woody Chittick to Continue the Hearing on the Order of Remand until August
1, 2016
SECONDED: Member Charles Higginson
VOTE: 6—0 MOTION CARRIES
9:00 PM—ACKNOWLEDGE RECEIPT OF DOCUMENTS—
• Kupperstein's file to make a decision on Border Street
• Deutsch/Williams, on behalf of the Town of Cohasset,the response to the Steinmetz's first Request for
Production of Documents
DELIBERATION:
9:05 PM—SPECIAL PERMIT—28 Black Horse Lane to raze the existing house and shed and construct a single
family dwelling. File#16.05.11.
Mr. McMorris doesn't believe 9.7.8 applies in the case of 28 Black Horse Lane. No one on the board opposes the
requested relief.
MOTION: By Chairman Woody Chittick to Grant a Special Permit Pursuant to Section 9.11 to
Construct the Proposed New House and Garage
SECONDED: Member Charles Higginson
VOTE: 6—0 MOTION CARRIES
9:10 PM—Reorganize the board
MOTION: By Peter Goedecke to Nominate S.Woodworth Chittick as Chairman of the Zoning Board of
Appeals
SECONDED: Member Charles Higginson
VOTE: 6—0 MOTION CARRIES
MOTION: By Chairman Woody Chittick to Nominate Peter Goedecke as Vice Chairman for the Zoning
Board of Appeals
SECONDED: Member Charles Higginson
VOTE: 6—0 MOTION CARRIES
July 5,2016 Zoning Meeting FINAL
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MOTION: By Benjamin Lacy to Appoint Chrissie Dahlstrom as Clerk for the Zoning Board of Appeals
SECONDED: Vice Chairman Peter Goedecke
VOTE: 6—0 MOTION CARRIES
9:30 PM—Meeting adjourned