HomeMy WebLinkAboutMinutes - ZBoA - 10/11/2016 October 11,2016 Zoning Meeting FINAL
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COHASSET ZONING BOARD
DATE: Tuesday, October 11, 2016
TIME: 7:30 PM
PLACE: Cohasset Town Hall- Basement
41 Highland Avenue, Cohasset, MA 02025
Board Members Present: S.Woodworth Chittick
Charles Higginson
Matthew Watkins
David McMorris
Absent Board Members: Ben Lacy
Peter Goedecke
Recording Secretary Present: Chrissie Dahlstrom,Administrative Assistant
7:30 PM—Chairman S.Woodworth Chittick called the meeting to order.
7:30 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 for this agenda item: Casey and Kelli Gildea, homeowners; Richard Henderson,Attorney
Materials for this agenda item: Letter extending the time on the decision to November 30,2016; Sketch given to the
previous owner, the Youngs, of the parking lots reserved for 31 Highland Avenue by the Town of Cohasset
The Gildeas are seeking to enlarge their non-conforming garage with access through the town hall parking lot. The
dwelling on 31 Highland Avenue has existed since the early 1900's and the garage is estimated to be built around
1950.The garage has always faced the public parking lot of the town hall using 2 parking spaces. To relocate or
assign the parking spaces is not within the ZBA's jurisdiction,the Gildeas would have to meet with the Selectmen to
change the parking spots. The parking spots were not in the property's deed when the Gildeas bought the house.
Attorney Henderson passed out a sketch given to the previous owner,the Youngs, of the 2 parking spots in front of
the garage belonging to 31 Highland Avenue drawn by the Town of Cohasset.The sketch shows 2 signs installed by
the Cohasset DPW; 1 No Parking sign with an arrow pointing to the left and 2 parking spots over another No Parking
sign with an arrow pointing to the right, sectioning off the 2 parking spots in front of the garage. In 2005 the Gildeas
were granted a special permit for an addition on their house but the special permit on the garage was denied because
more than 30"of the lot was covered with buildings and impervious ground cover.
Their newest plan shows 2 changes; the lot coverage has been reduced to 30%and the abutter's property to the east
is now shown on the proposed plan.
The previous plan showed a 26'x 26' garage,this has been changed to 24'x 24'.The second floor is proposed to
function as an unfinished storage space, not a living space.The lowest ceiling height on the second floor is 7A 1/4",
which under the building standard would be habitable. If approved, the Board would like the plan to be recorded as
non-habitable.
There is a distance of 100'from the proposed garage to the house on the east. No view from the neighbor would be
obstructed.
31 Highland Avenue has 9,658 sq.ft. of land. Every lot on this part of town is less than 10,000 sq.ft. Because the lots
are small, having more than 30% lot coverage will require either special permits or variances.
According to the architect, Gene Raymond,the existing north and south side of the building is 129.76 sq.ft.The
proposed plan is to have the north and south identical in size (the fagade facing the town hall parking lot and the rear
of the garage facing Gildeas backyard). The ground to ridge fagade is proposed to be 407.88 sq.ft. (1/3 upper
triangle; 2/3 lower rectangle)and the wall of the two dormers,when added together, is 57.76 sq.ft. and is set back
from the fagade by US'.
Gene Raymond also informed the Gildeas the existing sq.ft. of the east and west(facing the Town Common and the
neighbor behind them at 29 Highland Avenue)wall below the gutter line is 167.45 sq.ft.
The proposed sq ft of the east and west below the gutter line is 253.92 sq.ft., not including the dormer.
The wall of the dormer is 70.88 sq.ft. (the dormers are set back a few feet from lower fagade so there will be less of
an impact visually)
October 11,2016 Zoning Meeting FINAL
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Attorney Henderson argued there is a hardship to not using the garage as its permitted use. Mr. Higginson pointed
out the hardship to an accessory building is limited.
Under zoning bylaw 8.7 a special permit may be authorized by extension of nonconforming use of a building,
structure, or land,or structural alteration or enlargement of a nonconforming building,proved that the special permit
granting authority finds that such extension, alteration or enlargement:
a. Shall not be substantially or detrimental than the existing nonconforming use to the neighborhood,and
b. Shall not be injurious or dangerous to the public health or hazardous because of traffic congestion or other
reason.
The proposed alteration will enlarge property to this nonconforming pre-existing structure by 3.1%.The entrance to
the garage faces the public parking lot to the town hall and is not encroaching on a neighbor's house; it is not more
detrimental to the neighborhood. The Gildeas did not create the entrance to their driveway by way of the public town
hall parking lot;the enlargement will not create congestion, danger to the public or increase traffic.
The Cohasset Planning Board has recommended the ZBA approve the plans, and the Murphy's,who abut the
property, as well as the Historic Society, are agreeable to the proposed garage plans.
Chairman Chittick will draft a decision that will be deliberated at the next meeting on November 7,2016.
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
November 7, 2016
Seconded by: Member Mr. McMorris
Vote: 4—0 Motion Carries
8:10 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
Mr.Watkins drafted a decision on behalf of the Board.
Motion by Chairman Chittick: Close the Hearing
Seconded by: Member Mr. McMorris
Vote: 4—0 Motion Carries
8:12 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; Can Tiryaki,Tiryaki Architectural Design, LLC
Materials for this agenda item: Letters of support from Melissa Mendenhall and Christopher Plecs of 17 Pleasant
Street and Edvia Yocum of 25 Pleasant Street
Chairman Chittick recused himself from this hearing; Mr. Higginson acted as Chairman.
The residents at 25 Pleasant Street and 17 Pleasant Street both wrote letters supporting the proposed plan at 21
Pleasant Street.The Planning Board has approved the large home review.
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 approximatelyl0,465 sq.ft. and the required is 18,000 sq.ft. The existing square footage will remain
the same as well as the lot width,which is 65'.
The area that is seeking relief is the fagade facing the west.The allowed distance from a side lot line is 10'as long as
the height does not exceed 15'. The proposed distance is 10.1' and the height is 232". Mr. Tiryaki argued that the
relief sought was for the second floor only,the area from 16'to 232". It was explained by the Board that relief would
be for the entire fagade starting from the ground to the top of the midpoint of high room, 232". Before the explanation
of the relief sought,the request was for 218 sq. ft of the west facing fagade.The actual relief for the entire fagade on
the addition is 630 sq.ft. the facing southwest, 148 sq.ft.facing the northwest and 68 sq.ft.facing the southeast.
The dwelling to the west of 21 Pleasant Street is situated at an angle on their lot with the closest corner of the
building being 11'from the side lot line.The west side of the proposed addition will face the neighbor's backyard. The
addition will not face the house.
Under 8.7 conditions,the addition will not affect traffic pattern, it is on town sewer, so it does not affect the public
health issues.
Mr. Higginson will draft a decision for the next meeting on November 7, 2016.
October 11,2016 Zoning Meeting FINAL
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Motion by Mr. Higginson: Continue the Hearing until November 7,2016
Seconded by: Member Mr. McMorris
Vote: 3—0 Motion Carries
Chairman Chittick re-entered the meeting.
8:45 PM—VARIANCE—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
Materials for this agenda item: Memorandum of Support for Variance from Cavanaro Consulting
Ms. Hudson is presenting this hearing as a Variance. She 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
1950's.There are aerials that date back to 1972. These photos 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 variance request is being sought under Section 12.5.1 of the ZBA bylaw. The front of the proposed dock will be
located 2.6'from the front lot line and 0'from the rear lot line.The request is for access from the upland portion of the
property adjacent to Border Street.
The following are examples of why this variance should be considered by the ZBA under Section 12.5.5:
• The small area of upland is located within the front building setback and delineated by a seawall. 98%of the
site is located seaward of the seawall with topography below Mean High Water and hydric soils subject to
daily tidal action.This limits the use of the property to a water dependent use in order to avoid major
environmental impacts.
• The proposed dock use is the least intensive use possible of the property as it is seasonal in nature.
Development of the property in a manner similar to the adjacent Mill River Marine and Lobster Pound or the
nearby Atlantica Restaurant would require extensive structural development and environmental impact.
Depriving the applicant from using the site in the lease intrusive way possible as proposed would create
substantial hardship and would render the side devoid of any practical use since most uses in the district
would require greater site impact.
• The locus property was always comprised primarily of land below Mean High Water. However, the front
property boundary changed by a Town taking in 1948 to the front property boundary shown on the Site Plan
accompanying this application. No changes to the property boundaries or the extent of upland are
attributable to either the applicant or the owners of the locus property subsequent to the adoption of the
bylaw.
• The proposed private dock will not be a detriment to the public good nor impair the purpose of the bylaw as
this use will have the lowest possible impact and demand at the site.
• The conditions of the locus site are unlike most of the properties within the Waterfront Business District.
Namely, unlike most other properties, access to the locus property requires the issuance of a variance.
Property access is an exception in Section 5.2.6 that applies to the majority of the properties sin the district
that enjoy upland that can be accessed via an entrance or exit driveway. However,this clearly does not
apply to the locus site which has a total of approximately 120 sq.ft. of upland area located entirely within the
front setback.
The allowed on the ground footprint for this area is 200 sq.ft. and the proposed on the ground footprint will be 28 sq.
ft.The side property boundary is met. Currently, accessing the property is impossible without a variance.
Mr. Goldrick will apply to Chapter 91 after all the municipal permits are met.
There is currently no code for railings on docks, but if there were to be railings on the proposed dock,the railing
height must meet the state code.
Mr. Pattison of 19 Parker Avenue is in favor of the construction of the dock at 70 Border Street.
Mr. McMorris will write a draft decision for the next hearing on November 7, 2016.
MOTION BY CHAIRMAN CHITTICK: To Continue the Hearing to November 7,2016
SECONDED: Member Mr. McMorris
October 11,2016 Zoning Meeting FINAL
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VOTE: 4—0 MOTION CARRIES
9:12 PM—VARIANCE—Filed by Richard Henderson, Esquire, of Henderson & Henderson PC, on behalf of the
owner, John Kennedy. The variance is to construct a second sign on a lot having less than 400'of frontage at 818
Chief Justice Cushing Highway. File#16.09.08.
Attorney Henderson submitted a letter requesting for an extension for this hearing.
MOTION BY CHAIRMAN CHITTICK: To Continue the Hearing Until November 7,2016
SECONDED: Member Mr. McMorris
VOTE: 4—0 MOTION CARRIES
9:20 PM—Approve the meeting minutes from September 12, 2016.
MOTION BY MR. WATKINS: To Approve the Meeting Minutes for September 12, 2016
SECONDED: Member Mr. Higginson
VOTE: 4—0 MOTION CARRIES
10:00 PM
MOTION BY CHAIRMAN CHITTICK: To Adjourn the Meeting
SECONDED: Member Mr.Watkins
VOTE: 4—0 MOTION CARRIES
Next meeting date: November 7, 2016