HomeMy WebLinkAboutMinutes - ZBoA - 12/05/2016 December 5,2016 Zoning Meeting FINAL
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COHASSET ZONING BOARD
DATE: Monday, December 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
Ben Lacy
Peter Goedecke
Matthew Watkins
Recording Secretary Present: Chrissie Dahlstrom,Administrative Assistant
7:30 PM—Chairman S.Woodworth Chittick called the meeting to order.
The Board discussed the next meeting date of Tuesday, January 3, 2017.
Motion by Chairman Chittick: Next Meeting Date Tuesday, January 3,2017
Seconded by: Member Mr.Watkins
Vote: 6—0 Motion Carries
7:36 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
Attorney Henderson discussed the case of the Piepenbrink house at 150 North Main Street where the homeowners
increased the nonconformity of their home. The house was a 3 family house before zoning was in effect.They
applied for a special permit to increase the use to a 4 family home in a single family neighborhood. The property is
20,000 sf and the minimum square footage for that zone is 30,000 sf. The Board granted the Piepenbrink a special
permit for a 4 family house.
7:41 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
Attorney Henderson requested to continue the hearing to January 3, 2017.
Attorney Henderson stated when the Kennedy's signed the lease for 828 Chief Justice Cushing Highway it was their
understanding they were authorized to apply for a sign.They didn't know the sign was going to be a ZBA issue and
had a sign made to put in front of the building where their business is. The business doesn't face the street and it is
challenging getting patients to their facility.
Attorney Henderson will extend the decision deadline to January 31, 2017 and submit new information for the
January 2, 2017 Zoning Board of Appeals meeting.
MOTION BY MR.LACY: To Continue the Hearing to January 3, 2017
SECONDED: Member Mr. Goedecke
VOTE: 6—0 MOTION CARRIES
7:47 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; Paul Mirabino of Ross Engineering; James
Kearns and Breda O'Sullivan of 23 Elm Court; Helen Nothnagle of 36 Atlantic Avenue, Carmen Schramm of 28
Atlantic Avenue
Ms. Condon recalculated the setbacks in accordance with the triangle lot provision of Section 2 of the bylaws
presently conforming to required rear and side setbacks, but is nonconforming to the front setback. She created
December 5,2016 Zoning Meeting FINAL
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artificial rear lot lines for the triangular lot as to have a front, back and side lot lines with the front of the house facing
northwest.The house is now within the setbacks for Residential Zone B:
50'from front lot line
30'from rear lot line
20'from side lot line
Impervious materials will be removed to stay within the allowed coverage. The request to the ZBA is to add a second
floor to a non-conforming structure. This home will remain a smaller home yet blend in with the appearance of the
neighborhood.The neighbors are in support of creating a classic gambrel roof home at 26A Atlantic Avenue.The
highest point is 34'9"and midpoint of the gambrel roof line is 31'.The gables are various heights and Ms. Condon
measured from the highest gambrel.
Ms. Schramm asked:
What will the top floor be used for?
The top floor is a proposed attic used for storage only.
Are you taking down any trees?
A large pine tree will be taken down.
During construction,where will the trucks, cars and building materials go?
All the trucks, cars and materials will be on the property of 26A only.
Ms. O'Sullivan reported Julia Keefe called her to tell her she supported the project and had no questions.
The Board and Ms. Nothnagle showed concern over the drainage in the driveway. Ms. Condon explained the
pervious pavers in the driveway will drain to a drywell.The drywell is 4'-6' diameter and 4'-5'deep.The driveway is
pitched so the water will flow into the drywell. The new wall between the driveway and the main street will keep the
water on the property.
MOTION BY MR. HIGGINSON: To Continue the Hearing until January 3, 2017
SECONDED: Member Chairman Chittick
VOTE: 6—0 MOTION CARRIES
8:22 PM—SPECIAL PERMIT—Filed by Peter Miller, owner of record and the applicants,Jason and Carolyn Soules.
The special permit is for a proposed pool structure, improved landscape and hardscape with minor grading in the
Flood Plain to a single family home at 123 Atlantic Avenue. File#16.11.10
In attendance for this for this agenda item: John Cavanaro, Cavanaro Consulting; Carolyn Soules, owner of 123
Atlantic Avenue; Mike Wasser, Gregory Lombardi Design Inc.; Ralph Dormitzer from 111 Atlantic Avenue
123 Atlantic Avenue is adjacent to Sandy Cove.This home has a history of flooding as it sits 10'above sea level.The
dwelling was rebuilt on piles in 2007.The flood maps have changed and when the new maps go into effect on March
21, 2017 the property will go from A Velocity Zone to V Zone.The homeowners would like to add hardscape and
softscape to their property.
Mr. Dormitzer lives to the south of the Soules and is concerned about water runoff. Mr. Cavanaro explained that in
2007 drainage from storm water went to the sides of the home but this has been remedied and the water now gathers
at the rear of the property which is now flood complaint. In addition,there is an increased infiltration area.The roof
run off flows into a pipe that overflows to the wetland in the front of the property.This structure has the ability to stand
up to a 100 year rain event,which is 9"of rain in 24 hours.This property is subject to tidal action but the dunes break
up the tidal action. Trench drains are proposed around the pool to a surge tank at the rear of the pool that recycles
the water back into the pool. It is self-contained with no backwash. The ground level is proposed to be 10'S', reducing
the current level a few inches.
The proposed lap pool is 6'from the lot line and is more than 200'from the front lot line.The Board pointed out a pool
is not an accessory building because there is no roof or other covering. Mr. Cavanaro explained it's an accessory
structure and will be covered when not in use.The pool will be elevated and detached from the home. 2' of the pool
will be in ground and 3'of the pool will be above ground with a 3' privacy fence surrounding the 75'x 7.5' pool.The
pool is non-chlorine and is cleaned through a cartridge cleanser.The pump for the pool will be housed in the garage.
A small motorized pool cover can also be put in place manually.
In addition to the lap pool there will also be hardscape planters, a fire pit, a grill patio and stairs that will be
reconfigured.The proposed plan includes 450 sf of new impervious materials. It also includes an infiltration capacity
that would offset the small impervious increase.The overall volume massing is increased by 0.02%.
Construction is proposed to start when the new flood maps go into effect on March 21, 2017.
Mr. Dormitzer stated he was in support of the project.
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MOTION BY CHAIRMAN CHITTICK: To Continue the Hearing until January 3,2017
SECONDED: Member Mr. Lacy
VOTE: 6—0 MOTION CARRIES
DELIBERATIONS
9:08 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 had spoken with Town Council. He was told expanding an existing non-conformity is not allowed because
that would create a new non-conformity.
The law states a variance is used for uniqueness or hardship, and this garage does not fall into those categories. The
lot coverage is not increased, but the building coverage is,which makes this proposal a new non-conforming building
enlargement.
MOTION BY MR. HIGGINGSON: The Request for a Variance is Denied
SECONDED: Chairman Chittick
THIRD VOTE: Mr. Higginson
FINAL VOTE: 3—0 MOTION CARRIES
9:41 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.
Mr. Higginson will draft a decision for discussion at the next meeting on January 3, 2017.
9:47 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.
Mr. Goedecke will draft a decision for discussion at the next meeting on January 3, 2017.
10:00 PM—SPECIAL PERMIT—Filed by Peter Miller, owner of record and the applicants, Jason and Carolyn
Soules.The special permit is for a proposed pool structure, improved landscape and hardscape with minor grading in
the Flood Plain to a single family home at 123 Atlantic Avenue. File#16.11.10
Mr.Watkins will draft a decision for discussion at the next meeting on January 3, 2017.
10:10 PM—ZONING ADVISORY COMMITTEE
Mr. McMorris and Mr.Watkins will replace Chairman Chittick on the Zoning Advisory Committee.
MOTION BY MR. HIGGINGSON: Move to Assign Mr. McMorris and Mr.Watkins as the ZBA Members
on the Zoning Advisory Committee
SECONDED: Member Mr. Lacy
VOTE: 6—0 MOTION CARRIES
10:20 PM-MASTERPLAN
Mr. Higginson will represent the ZBA on the Town Masterplan Committee.
MOTION BY CHAIRMAN CHITTICK: Move to Assign Mr. Higginson to the Masterplan Committee
SECONDED: Member Mr. Goedecke
VOTE: 6—0 MOTION CARRIES
10:25 PM—Approve the meeting minutes from November 7, 2016.
Mr. Lacy would like to review the minutes before the vote. This will be approved in January.
December 5,2016 Zoning Meeting FINAL
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10:30 PM
MOTION BY CHAIRMAN CHITTICK: To Adjourn the Meeting
SECONDED: Member Mr. Lacy
VOTE: 6—0 MOTION CARRIES
Next meeting date: January 3, 2017