HomeMy WebLinkAboutMinutes - ZBoA - 09/12/2016 September 12,2016 Zoning Meeting FINAL
Page 1 of 3
COHASSET ZONING BOARD
DATE: Monday, September 12,2016
TIME: 7:30 PM
PLACE: Cohasset Town Hall- Selectmans Office
41 Highland Avenue, Cohasset, MA 02025
Board Members Present: S.Woodworth Chittick
Charles Higginson
Ben Lacy
David McMorris
Matthew Watkins
Peter Goedecke
Recording Secretary Present: Chrissie Dahlstrom,Administrative Assistant
7:30 PM—Chairman S.Woodworth Chittick called the meeting to order.
7:33 PM—Approve meeting dates for the Zoning Board of Appeals for October 11, 2016 and November 7, 2016
Motion by Chairman Chittick: Approve the Meeting Dates of October 11, 2016 and November 7,2016
Seconded by: Member Charles Higginson
Vote: 6—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.
Attorney Henderson had a conflict and could not make the meeting. Mr. Chittick instructed Ms. Dahlstrom to contact
Attorney Henderson for a letter extending the time on the decision to November 30, 2016.
Motion by Chairman Chittick: Continue the Hearing on the Special Permit and/or Variance for the
Alteration and Enlargement of the Existing Non-Conforming Garage to
October 11,2016
Seconded by: Member Dave McMorris
Vote: 6—0 Motion Carries
7:42 PM—APPEAL—Filed by Attorney Richard Henderson 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, P.C.
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#16.06.16.
Materials for this agenda item: Letter from Henderson & Henderson withdrawing the appeal for James H. and Susan
D. Ross.
Motion by Chairman Chittick: Accept the Withdrawal of the Appeal for 720 Jerusalem Road
Seconded by: Member Charles Higginson
Vote: 6—0 Motion Carries
7:46 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 reconstruct a single family dwelling. File#16.05.11.
Materials for this agenda item: Letter and revised site plan submitted by Rick Greene
Mr. Greene emailed a letter and a revised plan reducing the footprint of their approved plans. The revisions will
reduce the total living square footage by 239 sq.ft. and reduce the on the ground footprint by 15 sq.ft.
The Greenes have eliminated the approved 3 season room that was 293 sq.ft. of living space. By eliminating the 3
season room the exterior wall will be moved back 10 ft., leaving an additional 3 ft. added to the family room.The
living space of the family room will be increased by 54 sq.ft., however, no additional sq.ft.will be added to the on the
ground footprint and the piers will remain the same as the approved plan.
They are also reducing the size of the back porch by 32 sq.ft.with a total reduction of 325 sq. ft.
September 12,2016 Zoning Meeting FINAL
Page 2 of 3
In an effort to soften the exterior appearance and provide continuity in the neighborhood roof lines, they have decided
to extend the current approved covered porch from the front door to the garage. This will add approximately 87 sq.ft.
of porch without increasing the on the ground footprint since the piers will remain the same as the approved plan.
The Conservation Commission has given approval to the requested revisions.
Mr. Greene is requesting that the revisions to be approved since no bylaw or any prior approvals were violated.
Motion by Chairman Chittick: Approve the Revisions for 28 Black Horse Lane
Seconded by: Member David McMorris
Vote: 6—0 Motion Carries
7:50 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 razing and rebuilding plan for 711 Jerusalem Road. File#16.07.08
There hasn't been any new documentation for this hearing. Mr.Watkins will draft a decision on behalf of the Board.
Motion by Chairman Chittick: Close the Hearing
Seconded by: Member Benjamin Lacy
Vote: 6—0 Motion Carries
8:00 PM—SPECIAL PERMIT—Filed by Cavanaro Consulting, on behalf of their clients, Christopher and Michelle
Allen.The special permit is for a proposed addition to a single family home at 21 Pleasant Street File#16.08.16.
In attendance for this for this agenda item: Christopher and Michelle Allen, Homeowners; Carmen Hudson, Cavanaro
Consulting; John Tiryaki, Tiryaki Architectural Design, LLC
Materials for this agenda item: Stormwater Permit and Conditions; Site Plan Project No 14.174; Tiryaki Architectural
Design LLC Plans
Chairman Chittick recused himself from this hearing; Mr. Goedecke acted as Chairman.
The property is located in Residential District A.The dwelling is on a small, existing non-conforming lot. The existing
area of the lot is approximately10,465 sq.ft. and the required is 18,000 sq.ft.The existing square footage will remain
the same.
The frontage and proposed building coverage conform to the zoning bylaws.
The proposed porch to the front right side of the front of the house measures 27.9'to the center line of the road,
which is the average front setback calculation using the first buildings on either side of the subject dwelling within 200'
of the dwelling.The proposed right side set back is 16.3', the required is 15'. This meets the zoning requirements.
The rear of the dwelling is proposed to be 80.1'from the rear lot line, and the required is 15'.The shed in the rear will
be removed. The proposed open deck off the back of the house conforms to the setbacks because it is less than 15'
in height and is 10.4'away from the side lot line.The zoning bylaw allows such a structure if it is not closer than 10'
from the side lot line.
The left side of the building requires zoning relief. The existing side set back is 7.9', and 15' is the required distance.
The proposed addition is 10.1'from the side lot line.This does not include the chimney as this is an allowed
projection.The proposed two story addition will change the massing with dormers and roofs. Mr. Tiryaki argued that
the existing first floor is confirming because it is less than 15' high, and is allowed to be 10'to the lot line. The relief is
being sought for 200 sq.ft. of the proposed second story addition.The Board questioned this argument.
When Mr.Tiryaki was asked if he could move the massing to the other side of the dwelling where there is room to
construct without zoning relief he stated this would require a new floor plan and would create awkward massing.The
board expressed concern with the effect on the neighbors to the left of the subject lot. Ms.Allen testified that she has
discussed the addition verifying both the neighbors on the right and left of her house and they are in support of the
proposed plan.
Motion by Peter Goedecke: Continue the Hearing until October 11,2016
Seconded by: Member Dave McMorris
Vote: 5—0 Motion Carries
Chairman Chittick re-entered the meeting.
September 12,2016 Zoning Meeting FINAL
Page 3 of 3
8:45 PM—SPECIAL PERMIT—Filed by Cavanaro Consulting, on behalf of their clients, Frances Constance Bigelow
c/o Doug Tolman and the applicant, George McGoldrick.The special permit is to build a new dock at 70 Border
Street. File#16.08.16A..
In attendance for this for this agenda item: George McGoldrick,Applicant; Carmen Hudson, Cavanaro Consulting;
John Tiryaki, Tiryaki Architectural Design, LLC
Materials for this agenda item: Cavanaro Consulting Revised Site Plan, Project 16048
Ms. Hudson stated that there has been a history of docks in this location. In 1902 the subject lot had a Chapter 91
license for a private dock and the Bigelows constructed a pier in the 1950s.There are aerials that date back to 1972.
These show, in 1974, a series of floats that look like docks. Their pier came down after a storm in 1975, and has not
been rebuilt.
The fence on top of the sea wall around this section of the Harbor was installed 10 years ago by the Town,with a
gate for access to the subject lot. Mr. McGoldrick is seeking a special permit to build a pier on the lot that will
commence at this gate. The Board expressed concern that this could violate the front yard setback requirements of
Section 5.3 of the Zoning Bylaw for a structure on a lot in the Harbor Business District. Because, in doing so, it would
create a new non-conformity, the proposed pier would require a variance.
Mr. McGoldrick testified that he had spoken with the Harbor Master and that she had said that she had no problem
with the proposed pier and dock. He also said that Mr. Roy, an abutter, had written a letter supporting the building of
the proposed pier. He was asked to file this letter with the Board.
Ms. Hudson said that she would re-apply for a variance.
MOTION BY CHAIRMAN CHITTICK: To Continue the Hearing to October 11,2016
SECONDED: Member Peter Goedecke
VOTE: 6—0 MOTION CARRIES
9:45 PM—Approve the meeting minutes from August 1, 2016.
MOTION BY CHAIRMAN CHITTICK: To Approve the Meeting Minutes for August 1,2016
SECONDED: Member Charles Higginson
VOTE: 6—0 MOTION CARRIES
10:00 PM
MOTION BY CHAIRMAN CHITTICK: To Adjourn the Meeting
SECONDED: Member Matthew Watkins
VOTE: 6—0 MOTION CARRIES