HomeMy WebLinkAboutMinutes - ZBoA - 11/07/2016 November 7,2016 Zoning Meeting FINAL
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COHASSET ZONING BOARD
DATE: Monday, November 7,2016
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
Ben Lacy
Peter Goedecke
Absent Board Members: Matthew Watkins
Recording Secretary Present: Chrissie Dahlstrom,Administrative Assistant
7:30 PM—Chairman S.Woodworth Chittick called the meeting to order.
The Board discussed moving the 2017 Zoning Board of Appeals(ZBA)meetings to Tuesday evenings.There was
concern regarding parking and availability of conference rooms. The Board is willing to attempt meeting on the first
Tuesdays of each month starting in January.
7:38 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: 2005 ZBA Decision on 31 Highland Avenue, Certificate of Appropriateness from the
Cohasset Common Historic District Commission
There were no other new documents or comments.
Motion by Chairman Chittick: Close the Hearing
Seconded by: Member Mr. Lacy
Vote: 5—0 Motion Carries
7:39 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: Revised Site Plan, Revised Drawing A2.1, Revised Drawing A2.2
Chairman Chittick recused himself from this hearing; Mr. Goedecke acted as Chairman.
Mr. Tiryaki submitted a letter to the ZBA along with revised drawings that included:
Revised Site Plan
• entire house footprint for both abutting properties
Revised Drawing A2.1
• revised front elevation indicating a total of 68 sf of proposed non-conforming fagade area
Revised Drawing A2.2
• revised rear elevation indicating a total of 148 sf of proposed non-conforming fagade area
• revised left side elevation indicating a total of 630 sf of proposed non-conforming fagade area
The west side of the house currently has a non-conforming fagade area of 361 sf and the Allen's are seeking relief for
an additional 630 non-conforming sf on the west side, making the entire non-conforming west fagade of the home 991
sf.
Mr. Tiryaki pointed out there is no new massing directly opposite the abutters house.The neighbors on both sides of
the subject property wrote letters supporting this project.
Motion by Mr. Higginson: Close the Hearing
Seconded by: Member Mr. Goedecke
Vote: 4—0 Motion Carries
November 7,2016 Zoning Meeting FINAL
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Chairman Chittick re-entered the meeting.
7:48 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: Carmen Hudson, Cavanaro Consulting
Materials for this agenda item: Letter from Lorren Gibbons, Cohasset Harbormaster
Ms. Hudson discussed the letter written by Lorren Gibbons,the Cohasset Harbormaster. Ms. Gibbon's letter stated
she doesn't object to the dock in the corner of the harbor since it has a historic Chapter 91 License. She met with Mr.
McGoldrick and Mr. Cavanaro expressing her concerns there are town permitted moorings in the area of state
waters. The dock cannot interfere with the navigation to those moorings.The dock would have to abide by the
Cohasset Harbor Bylaws and Harbor Regulations and cannot interfere with the working boat yard next to 70 Border
Street. She was assured this dock was for personal use only.The Harbormaster will request any boats on the dock at
the time of a storm be removed and the dock and gangway must be disconnected for the winter.
The zoning relief is only for access to the gangway to the float, beyond that, it is no longer under the ZBA's
jurisdiction.
MOTION BY MR. LACY: To Close the Hearing
SECONDED: Member Mr. Higginson
VOTE: 5—0 MOTION CARRIES
8:00 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 828
Chief Justice Cushing Highway. File#16.09.08.
In attendance for this for this agenda item: Richard Henderson,Attorney; Sparky Kennedy and Nancy Brokings
Materials for this agenda item: 2012 Withdrawal of Petition without prejudice; Letter of support by Jo-Ann Pilczak
Kennedy Brothers Physical Therapy is seeking permission to construct a second sign at 828 Chief Justice Cushing
Highway.
There is 304'of frontage at 828 Chief Justice Cushing Highway.Aubuchon has their sign on the front of the property.
In 2011 Aubuchon sub-leased space on the side of the building to Kennedy Brothers Physical Therapy. Currently
Kennedy Brothers Physical Therapy has a sign on the building and a small portable sign.
Attorney Henderson explained when traveling south on Chief Justice Cushing Highway it is difficult to see Kennedy
Brothers because it is located on the southeast side of Aubuchon.When traveling north on Chief Justice Cushing
Highway there is a business on the right just before Kennedy Brothers Physical Therapy that keeps its equipment
close to the road, making it difficult to see the portable sign.
Attorney Henderson argued this is a hardship on the business. The clients that are trying to find the business are
medical patients and not necessarily from this area and wouldn't know where it is. Many times the patients drive by
the location and must cross 3A to turn around. Other times, patients miss their appointments because they cannot
find Kennedy Brothers Physical Therapy. Kennedy Brothers cannot use the business district the way it should be
used because they can't advertise without a sign in the front of their business.
Chairman Chittick questioned whether or not this can be resolved with Aubuchon.Attorney Henderson explained
Aubuchon has a standard sign they use at all their locations and the style of their signage is not a pylon. They do not
custom make each sign to each location.There is not enough frontage for 2 signs according the zoning by-laws.
When Kennedy Brothers signed its lease they were told they could have a sign, as long as it followed the zoning
bylaws. The Kennedy Brothers had a sign manufactured, assuming it could be put in front of their business.The
Board would like to read the lease to see if the signage was mentioned.
A letter of support came from Jo-Ann Pilczak stating her opinion there is a safety factor when a patient is looking for
Kennedy Brothers and can't find it on the busy stretch of Chief Justice Cushing Highway.
Attorney Henderson pointed out Pilgrim Bank at the Tedeschi Shopping Plaza was granted a variance for a second
sign.They are located at the corner of Chief Justice Cushing Highway and Brewster Road, a sign on each street. The
Board pointed out this situation is not the same as Pilgrim Bank. The ZBA would like examples of variances granted
for other businesses seeking signage.
When asked if there were any questions from the audience, Ms. Kennedy spoke stating the business is to medically
help people and they should be able to find the location easily. She had a beautiful sign made.
November 7,2016 Zoning Meeting FINAL
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MOTION BY CHAIRMAN CHITTICK: To Continue the Hearing Until December 5,2016
SECONDED: Member Mr. Goedecke
VOTE: 5—0 MOTION CARRIES
8:45 PM—SPECIAL PERMIT—Filed by Heidi Condon of HC Design, on behalf of their clients, James G Kearns and
Breda O'Sullivan.The special permit is for a proposed second floor addition to a single family home at 26A Atlantic
Avenue. File#16.10.16.
In attendance for this for this agenda item: Heidi Condon of HC Design; James Kearns and Breda O'Sullivan of 23
Elm Court; Helen Nothnagle of 36 Atlantic Avenue
Materials for this agenda item: Planning Board Recommendation; HC Design Plot Plan JN3772-PP, Al-1,Al-2,A2-1,
EX1-1, EX2-1,4 Photos of each side of 26A Atlantic Avenue; Letter from David Burnham of 30 Atlantic Avenue
welcoming the renovation of 26A Atlantic Avenue
26A Atlantic Avenue is the smallest house in Newtonville and is situated on a triangular parcel.The Board discussed
how an artificial rear lot line can be determined. Once the civil engineer inserts the artificial lot lines into the proposed
plan,the overhang of the second floor on the southeast side of the house shouldn't require zoning relief. The
proposed plan depicts a gambrel roof and classic single style home. The footprint of the dwelling will remain the
same.The existing stone work on the home will remain.
To avoid a variance request the proposed deck that is creating a new a non-conformity can be eliminated.
The existing sf is: 1,573 sf of heated living space(the Assessors card had an inaccurate sf of the house)
The proposed sf is: 3,002 sf
The height to the ridge is: 30'9".
There is a proposed garage on the lower level and they are seeking to grade to 105.5 sf of the lot to give access to
this garage.This area will include a new driveway and new installation of drains to keep the water on the property
and not running down the hill. Ms.Condon explained the original garage is on the lower level and identified as an
unfinished basement. The former owner filled in the driveway with CMU block, making the garage an unfinished,
unheated storage area.The proposed plan is to excavate to the original driveway and re-use the unfinished,
unheated storage area as a new garage.A new trench drain in front of the garage will catch the water and redirect it
to a drywell on the property.
The Planning Board unanimously approved the plan.
Ms. O'Sullivan wrote a letter to the neighbors and received a letter of support from Mr. Burnham.
Ms. Nothnagle is concerned how the drainage will be handled with the reopening of the garage.
The ZBA would like to see a revised plan with front and rear setbacks that meet the bylaw requirement of 50'from the
center line of the 20'wide street in front of the lot and 30'from the rear line established in accordance with the
definition of"lot line rear" in section 2 of the zoning bylaw.
Ms. Condon will request a lot survey from Ross Engineering.
MOTION BY CHAIRMAN CHITTICK:To Continue the Hearing until December 5,2016
SECONDED: Member Mr. Lacy
VOTE: 5—0 MOTION CARRIES
DELIBERATIONS
9:30 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.
Mr. Chittick presented a draft composed as a denial because the garage building coverage was extended. The
principle that a special permit cannot permit a new nonconformity is not limited to the violating of setbacks.The Board
discussed whether this is a variance or a special permit case since this is a structural enlargement.Attorney
Henderson was present and made the Board aware of a possible change in the interpretation of 40A section 6 that
may affect the Boards decision.
MOTION BY MR. LACY: To Continue to Deliberate on December 5,2016
November 7,2016 Zoning Meeting FINAL
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SECONDED: Member Mr. Geodecke
VOTE: 5—0 MOTION CARRIES
10:20 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.
Mr. Chittick recused himself for this deliberation and left the meeting.
A draft decision was considered. The Board unanimously agreed for the reasons stated in the draft decision that the
200%increase of the west side fagade was substantially more detrimental to the neighborhood than the existing west
side non-conformity.
Board members Mr. Higginson, Mr. Goedecke and Mr. McMorris unanimously voted to deny the request for a Special
Permit.
VOTE: 3—0 MOTION CARRIES
Mr. Chittick reentered the meeting.
10:30 PM—VARIANCE—Filed by Cavanaro Consulting, on behalf of their clients, Frances Constance Bigelow c/o
Doug Tolman and the applicant, George McGoldrick. The variance is to build a new access to a dock at 70 Border
Street. File#16.08.16A..
A draft decision was considered. The Board Members, Chairman Chittick, Mr. Higgingson and Mr. Goedecke
unanimously voted to grant the variance.
VOTE: 3—0 MOTION CARRIES
10:42 PM—Approve the meeting minutes from October 11, 2016.
MOTION BY CHAIRMAN CHITTICK:To Approve the Meeting Minutes for October 11,2016
SECONDED: Member Mr. Higginson
VOTE: 5—0 MOTION CARRIES
10:54 PM
MOTION BY CHAIRMAN CHITTICK: To Adjourn the Meeting
SECONDED: Member Mr. Lacy
VOTE: 5—0 MOTION CARRIES
Next meeting date: December 5, 2016