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Home My WebLink AboutMinutes - ZBoA - 01/03/2017 January 3,2017 Zoning Meeting FINAL Page 1 of 4 COHASSET ZONING BOARD DATE: Tuesday,January 3, 2017 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 Peter Goedecke Matthew Watkins Board Member Not Present: David McMorris 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 dates of Tuesday, February 7 and Tuesday, March 7, 2017.All members can make the February date.At least two members are not able to make the March 7 date. It was decided the March meeting will be March 14, 2017. Motion by Chairman Chittick: Next Meeting Date Tuesday, February 7, 2017 Seconded by: Member Mr.Watkins Vote: 5—0 Motion Carries 7:35 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 No additional documentation submitted or comments made. MOTION BY CHAIRMAN CHITTICK: Moved:To close the hearing SECONDED: Member Mr. Goedecke VOTE: 5—0 MOTION CARRIES 7:40 PM—SPECIAL PERMIT—Filed by Heidi Condon of HC Design, on behalf of her 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. No additional documentation submitted or comments made. MOTION BY MR. LACY: Moved: To close the hearing SECONDED: Member Mr.Watkins VOTE: 5—0 MOTION CARRIES 7:50 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; Mike Wasser, Gregory Lombardi Design Inc. Mr. Cavanaro located the proposed fire pit and grill structure for the Board. Conservation Commission approved an Order of Conditions for this project. MOTION BY MR. GOEDECKE: Moved: To close the hearing SECONDED: Member Chairman Chittick VOTE: 5—0 MOTION CARRIES January 3,2017 Zoning Meeting FINAL Page 2 of 4 8:00 PM—SPECIAL PERMIT—Filed by Philip D&Katherine M Struzziero, landowners. The special permit is for a proposed first floor expansion and second floor dormer expansion, both by extending existing walls at non- conforming side setback at 13 Beechwood Street. File#16.12.13. Chairman Chittick recused himself from this hearing, assigning Vice Chair, Mr. Goedecke, as Chairman for this hearing before he left the room. In attendance for this hearing:John Cavanaro, Cavanaro Consulting;Adam Brodsky,Attorney, Philip and Katherine Struzziero of 13 Beechwood Street; Can Tiryaki,Architect; Juliana Tiryaki of 285 South Main Street; Jeff Delisi, Attorney; Carl McCarthy of Feldman Surveyors; Chris Moran of 11 Beechwood Street Documents for this hearing: Cavanaro Consulting • Proposed Site Plan 16139, 12/08/2016 Tiryaki Architectural Design • Letter dated 12/20/2016 • Assessor map of 13 Beechwood Street and its abutters • Design plans for 13 Beechwood Street,AE1.1,AE1.2,AE2.1,AE2.2,A1.1, A1.2, A2.1, A2.2 • Photos of existing exterior • Massing diagram • Form B Building and Inventory Form Continuation Sheet from Massachusetts Historical Commission Email from Board of Health 2005 ZBA Decision#05.10.18 Attorney Brodsky • 2 Photographic view from the inside of 11 Beechwood Street facing 13 Beechwood Street • 1 Photographic view of the outside from 11 Beechwood facing the exterior of 13 Beechwood Street • Feldman Land Surveyors map, Job 13563 dated 1/03/2017 • Cavanaro Consulting site plan for 11 Beechwood Street 9084, 6/22/2010 Letters of support from neighbors Alison Sheffield of 277 South Main Street, Michael Sardina of 271 South Main Street and Allen Litchfield of 15 Beechwood Street Attorney Delisi is representing Mr. and Mrs. Struzziero. The Struzzieros have lived at 13 Beechwood since 2008. The dwelling is a small Cape Cod style home and was constructed in 1952, prior to zoning. The Struzzieros would like a modest addition, increasing the single dormer on the second floor to a shed dormer with 5 windows in total and to add a 97 sf first floor addition that would align with an existing bump out on the eastern side of the dwelling. There are currently two bedrooms on the first floor and two bedrooms on the second floor. The Struzzieros would like to move the two bedrooms on the first floor to the second floor, keeping to the four bedroom house size. The septic system is designed for a 4 bedroom house. The dwelling is not expanding by 25%or 1,000 sf and doesn't require a Title 5 test. The existing house is in Residence B District and is a pre-existing non-conforming home with 22,970 sf of lot area (35,000 sf is required). The lot width is 84 ft and the requirement is 125 ft. The site plan exhibits the first floor addition to be 6.4'from the easterly side lot line that aligns with the existing bump out. This will not create a new non-conformity. Mr. Tiryaki,the architect, explained the first floor addition will be 16'x 16' and less than 15'high and confirmed that it will align to the pre-existing non-conforming building. The height of the addition will not be higher than the shed dormer roof. He also explained the existing shed dormer on the second floor is non-conforming and is not higher than the ridge line. The existing shed dormer will expand to the left and to the right, adding 261 sf, a 28.5% increase to the non-conforming area. Attorney Brodsky, representing abutter Chris Moran at 11 Beechwood Street, is questioning the boundary line between 11 Beechwood Street and 13 Beechwood Street. Cavanaros site plan displays the Morans house at 11 Beechwood Street is 11'from the property line. On the opposite side of the property line the Struzzieros house at 13 Beechwood Street is 6.4'from the same property line.Attorney Brodsky argued the Cavanaro plan is not accurate and the property line is not parallel to the dwelling at 13 Beechwood Street,the property line is actually at an angle making the addition 5.8', not 6.4'to the property line. This would create a new non-conformity and would require a request for a variance, not a special permit.Attorney Brodsky distributed a 2010 Site Plan of 11 Beechwood Street from Cavanaro Consulting and a 2017 Site Plan from Feldman Land Surveyors for 11 Beechwood Street.The Cavanaros plan angles to the east and the Feldmans plan angles to the west. The dwelling at 13 Beechwood Street sits on the lot sideways, in the westerly direction, and the rear of the home faces 11 Beechwood Street. The view of 13 Beechwood Street from the inside of 11 Beechwood Street shows a small bump out and one dormer. Mr. Moran is concerned about crowding and privacy going from one window on the January 3,2017 Zoning Meeting FINAL Page 3 of 4 second floor to five windows on the second floor and the first floor addition to the bump out getting closer to his dwelling. Mr. McCarthy of Feldman land Surveyors walked the property to assess the lot lines. He looked for monumentations. He retraced the lot lines of land that was once Pratts Farm.The lot went west along Beechwood Street, north along the railroad tracks, east along the rock wall, and south along South Main Street to Beechwood Street.The land was first subdivided in 1928-1929. Pratts Farm house was located in the corner of Beechwood Street and South Main Street with the address of 285 South Main Street.The first lot sold was 277 South Main Street;the second lot sold was 11 Beechwood Street. The deed for that parcel is recorded as moving in a westerly direction 85'from the stonewall that abuts 285 South Main Street running parallel to South Main Street. Two lots were sold that run along the railroad,which left one lot.Today that is 13 Beechwood Street. The lot is wider in the front and narrows towards the back according to the Feldman Site Plan. It was suggested by Mr. McCarthy the rockwall between 13 Beechwood Street and 11 Beechwood Street appeared to have been moved over the years. Mr. Cavanaro had his professional land surveyor, Mr. Sullivan, survey 13 Beechwood Street. Mr. Sullivan based his survey on the stonewall and permanent monuments with drill holes, using the locus deed. Attorney Delisi recapped the meeting pointing out that if Mr. McCarthy is correct the closest point of 13 Beechwood Street is 6.3'to the side lot line and the proposed first floor structure is 5.8' moving towards the rear of the side lot line.With the side lot lines going westward the dormers would go further away on the 2nd floor and the only effects would be to the first floor addition. Mr. Tiryaki provided photos of 11 Beechwood Street prior to 2005 when the home was a Cape Cod style home and photos after it was demolished and reconstructed as a larger home.The point of the photo demonstration was to show the addition at 13 Beechwood would still be dwarfed next to 11 Beechwood Street. Since the applicants engineer did not have the new survey plan from Feldman prior to this meeting,they would like to discuss the land survey conducted by Cavanaro Engineering with Mr. Sullivan,who was not present at this hearing. All parties agreed with the Board the boundary lines are not under the ZBA jurisdiction. Mr.Tiryaki would be willing to revise the design plan for 13 Beechwood Street based on the Feldman plan side lines so as to eliminate any need for a variance. MOTION BY MR. GOEDECKE: Moved: To continue the hearing to February 7,2017 SECONDED: Member Mr. Lacy VOTE: 4—0 MOTION CARRIES Mr. Chittick returned to the room. DELIBERATIONS 9:11 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. Although the Kennedy Brothers is not easily visible from the street, the signage issue is not unique to the Kennedy Brothers nor is it substantially detrimental.All agreed the signage should have been negotiated with the landlord and not the ZBA. MOTION BY CHAIRMAN CHITTICK: Moved:To deny the request for Variance SECONDED: Member Mr. Goedecke ALL IN FAVOR: 3—0 MOTION CARRIES 9:20 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. The Board considered a draft opinion prepared by Mr. Goedecke. The small lot meets the requirements of 50'frontage. Creating a larger home on the small lot will not be more detrimental to the neighborhood. Conditions will be added that there will not be any living space on the third floor and that an as-built must be submitted upon completion of this project before the issuance of an occupancy permit. MOTION BY CHAIRMAN CHITTICK: Moved:To grant the Special Permit requested subject to the conditions set forth in the draft opinion and the further conditions that there will not be any living January 3,2017 Zoning Meeting FINAL Page 4 of 4 space on the third floor and that an as-built must be submitted upon completion of this project before the issuance of and occupancy permit SECONDED: Member Mr. Higginson ALL IN FAVOR: 3—0 MOTION CARRIES 9:40 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 The Board considered a draft opinion proposed by Mr.Watkins. MOTION BY CHAIRMAN CHITTICK: Moved:To grant the Special Permit requested subject to the conditions set forth in the draft opinion of Mr.Watkins SECONDED: Member Mr. Goedecke ALL IN FAVOR: 3—0 MOTION CARRIES 9:50 PM—BOARD BUSINESS Chairman Chittick shared the following documents with the Board for review: • Procedures—Non-Conforming Structures • Variance Guidelines • Glossary of Terms: Non-Conforming Structures • Changes to Non-Conformities Edits were suggested for the Mission Statement for the Annual Report. Ms. Dahlstrom will submit the edits to Ms. Pilczak. 9:55 PM—Approve the meeting minutes from November 7, 2016 and December 5, 2016 MOTION BY MR. HIGGINGSON: Moved:To approve the Meeting Minutes from November 7,2016 and December 5,2016 SECONDED: Member Mr. Lacy VOTE: 5—0 MOTION CARRIES 10:00 PM—Adjourn the meeting MOTION BY CHAIRMAN CHITTICK: To Adjourn the Meeting SECONDED: Member Mr. Lacy VOTE: 5—0 MOTION CARRIES Next meeting date: February 7, 2017