HomeMy WebLinkAboutMinutes - ZBoA - 08/01/2016 August 1,2016 Zoning Meeting FINAL
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COHASSET ZONING BOARD
DATE: Monday,August 1, 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
Ben Lacy
David McMorris
Matthew Watkins
Board Members Not Present: Peter Goedecke
Recording Secretary Present: Chrissie Dahlstrom,Administrative Assistant
7:30 PM—Chairman S.Woodworth Chittick called the meeting to order.
7:30 PM—Approve meeting dates for the Zoning Board of Appeals for September 12, 2016 and October 3, 2016
Motion by Chairman Chittick: Approve the Meeting Dates of September 12, 2016 and October 3, 2016
Seconded by: Member Ben Lacy
Vote: 4—0 Motion Carries
7:31 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 then reconstruct a single family dwelling. File#16.05.11.
Decision was voted and filed with the Clerk in July 2016. No discussion.
Member David McMorris entered the room.
7:32 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 Alec J. Zadek, 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: Draft of Decision on Remand
The Board agreed with the decision drafted by Attorney Kimberly Saillant,which adopts the lamppost plan Attorney
Henderson submitted on July 5, 2016 for lights#2-#8. Lamppost#1 will require a license from the town that must be
recorded at the Registry of Deeds.A copy of the recording must be filed with the Town Clerk. The licence for
lamppost#1 must be obtained within a reasonable period of time.
Motion by Chairman Chittick: Close the Hearing on the Remand Subject to Minor Edits of the Draft
Decision
Seconded by: Dave McMorris
Vote: 5—0 Motion Carries
7:40 PM-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; Casey Gildea of 31 Highland Avenue
Materials for this agenda item: Spreadsheet with 2005 application compared to 2016 application created by Chairman
Chittick; Letter supporting the proposed plan by The Murphy's at 27 Highland Avenue
Attorney Henderson recognized the fact that the original design in 2005 was anticipated to cover 32%of the lot(30%
is the maximum allowed coverage). He spoke with the Gildea's architect, Raymond Design Associate Architects, to
amend the design to conform to the 30% lot coverage. Removing walkways and patios will allow for more lot
coverage by the proposed garage.
Mr. Henderson argued that when the garaged enlargement was denied in 2005, the concern was that the proposed
second story family room in the garage would produce a lot of noise.The second floor on the proposed design will
not have a family room.
August 1,2016 Zoning Meeting FINAL
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Attorney Henderson is questioning if he should apply for a variance or a special permit.
The board indicated that it would like to hear the request for a special permit with the following criteria:
1. No habitation use of the garage
2. The lot coverage not to exceed 30%
The applicant was also asked to submit a copy of the license from the Town granting the owners of 31 Highland
Avenue have 2 parking spots in the Town Hall parking lot and to complete its written application as a special permit.
The Historical Commission has approved the plan.
Attorney Henderson would like to continue the hearing because the architect's current plans do not reflect the 30%lot
coverage maximum. The plans should be ready by the next ZBA hearing on September 12, 2016. Mr. Henderson
agreed on behalf of his client to extend the date by which a decision must be reached to October 31, 2016. He will
provide a letter to this effect.
MOTION BY BEN LACY: To Continue the Hearing to September 12,2016
SECONDED: Member Matthew Watkins
VOTE: 5—0 MOTION CARRIES
8:05 PM—Filed by Richard A. Henderson, Henderson& Henderson PC, on behalf of his clients, James H. and
Susan D. Ross, Ross Family 2006 Real Estate Trust at 720 Jerusalem Road of an opinion letter by Henderson and
Henderson, PC dated May 12, 2016 and the response letter of Robert Egan dated June 15, 2016 in which he did not
concur that the lot is buildable. File#16.07.08
In attendance for this agenda item:Attorney Richard Henderson, Henderson&Henderson PC
Attorney Henderson would like to postpone this hearing until September 12, 2016.
MOTION BY CHAIRMAN CHITTICK: To Continue the Hearing to September 12,2016
SECONDED: Member David McMorris
VOTE: 5—0 MOTION CARRIES
8:18 PM—Filed by Jeff Hassett of Morse Engineering, on behalf of his client, Tom Meade.The special permit is for
grading in the flood plain associated with the raze and rebuilding plan for 711 Jerusalem Road. File#16.07.08
In attendance for this agenda item: Jeff Hassett, Engineer at Morse Engineering; Jay Pimpare of 713 Jerusalem
Road
Jeff Hassett's plan to raze and rebuild the single family home will require grading at the back of the house. The rear
portion of the current house is 3' below the 10'floodplain level.The new dwelling is purposed to move closer to
Jerusalem Road and will have a smaller footprint than the existing dwelling with a poured concrete foundation.The
garage will be at the basement level.The reconstruction plan will bring the dwelling further out of the floodplain. The
proposed plans basement will have an elevation of 12' (2'over the required elevation). In order for the elevation to be
raised to 12',45 cubic yards of fill will be required to slope from the house to the backyard.The new roof will have a
downspout leading to a drywell and a stone trench will be at the back of the driveway.
The Notice of Intent and Storm Water plan has been approved by the Conservation Commission.
Neighbor, Jay Pimpare, is in favor of the proposed plan.
Charlie Higginson will draft a decision for the next hearing.
MOTION BY CHAIRMAN CHITTICK: To Close the Hearing
SECONDED: Member David McMorris
VOTE: 5—0 MOTION CARRIES
MOTION BY CHAIRMAN CHITTICK: To Adjourn the Meeting
SECONDED: Member Ben Lacy
VOTE: 5—0 MOTION CARRIES