HomeMy WebLinkAboutMinutes - ZBoA - 04/04/2017 April 4, 2017 FINAL
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COHASSET ZONING BOARD OF APPEALS
DATE: Tuesday, April 4, 2017
TIME: 7:30 PM
PLACE: Selectman's Office, Town Hall
Board Members Present: Woody Chittick
Charlie Higginson
Matthew Watkins
David McMorris
Ben Lacy
Board Member Not Present: Peter Goedecke
Recording Secretary Present: Chrissie Dahlstrom, Administrative Assistant
BOARD BUSINESS
7:30 PM— Chairman Chittick called the meeting to order.
7:31 PM—Approve Meeting Dates
The next meeting dates for the ZBA are May 3, 2017 and June 6, 2017.
MOTION BY CHAIRMAN CHITTICK: Next meeting dates will be Wednesday,
May 3 and Tuesday, June 6, 2017
SECONDED: Member Mr. McMorris
VOTE: 5 — 0 MOTION CARRIES
CONTINUED HEARINGS
7:35 PM— SPECIAL PERMIT — Filed by Adam J. Brodsky, Esq. on behalf of 99
Border Street, LLC. The special permit is to raze and reconstruct an existing
nonconforming single family dwelling and attached garage on a lawfully
nonconforming lot at 99 Border Street. File #17-01-12.
This special permit request was heard last week and Attorney Adam Brodsky and
Attorney Richard Henderson would like to more time to prepare. They are requesting to
continue this hearing to May 3, 2017.
April 4, 2017 FINAL
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MOTION BY CHAIRMAN CHITTICK: Continue the hearing to May 3, 2017
SECONDED: Member Mr. Lacy
VOTE: 5—0 MOTION CARRIES
7:45 PM—APPEAL —Filed by Attorney Jeffrey A DeLisi, on behalf of his clients,
James P Rosebach and Kristin M Rosebach of 36 Oak Street, Lot 118, to obtain a
building permit on whether the lot is or is not buildable for a residential dwelling under
Zoning Bylaw Section 8.3.2 (The Single Lot Exemption). File #17-03-09.
In attendance for this hearing: Attorney Jeffery DeLisi; Kristin and James Rosebach of 36
Oak Street; Robert Egan, Building Inspector; Mary Brennock and Katherine Taft of 35
Oak Street
Materials for this hearing: Backus V. Sevrens Misc. Case No. 300571; Copy of letter of
denial from the Building Inspector dated February 13, 2017
Mr. and Mrs. Rosebach are appealing Mr. Egan's letter dated 2/13/17 that states Mr.
Egan was uncomfortable giving a building permit for Lot 118 on Oak Street to the
applicants because there were issues that raised legal questions. He felt this situation was
better handled from the zoning board members.
Attorney DeLisi represents Kristin and James Rosebach of 36 Oak Street. Two years ago
Mr. and Mrs. Rosebach acquired the land at 36 Oak Street, Lot 117 and adjacent Lot 118.
In 1901 the two lots were recorded at the Registry of Deeds for the parcel at 36 Oak
Street. The home is located on Lot 117 and was constructed in 1910. The Rosebachs are
seeking clarity on Lot 118 as being a buildable lot pursuant to the Single Lot Exemption
set forth in Section 8.3.2.
Section 8.3.2 grants protected status to lots legally laid out and recorded prior to zoning
regulations, if current regulations would otherwise render the lot unbuildable. If the lot
was held in ownership separate from that of adjoining land, or if the same ownership of
the adjoining land had an area of not less than 9,000 sf in R-A District then the status of
the lot would be considered grandfathered.
Lot 118 has 8,017 sf. Because Lot 118 is less than 9,000 sf and is held in common
ownership with the adjoining lot, it doesn't appear to qualify for the single lot exemption
under Section 8.3.2.
April 4, 2017 FINAL
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Attorney DeLisi argued until November 10, 1998, Oak Street was a private way which
provides the owner of a lot abutting a private way ownership along the lot line to the
center line of the private way. Until November 10, 1998 Lot 118 had a total of 9,217 sf.
On November 10, 1998 the Town of Cohasset made Oak Street a public way. The taking
states that 1,200 sf of Lot 118 was taken without compensation and left the lot with 8,017
sf, which wouldn't allow a building on the lot. Because of the 1901 recorded plan this lot
is subject to grandfathering protections.
Ms. Brennock addressed the Board with concern regarding the dense neighborhood. She
also inquired about the possibilities of her own property.
MOTION BY CHAIRMAN CHITTICK: Close the hearing
SECONDED: Member Mr. Higginson
VOTE: 5—0 MOTION CARRIES
8:15PM— Citizens Zoning Petition
The Large Home Review was voted in favor 4-1 by the Planning Board. If passed, this
petition will come before the ZBA for requests and appeals.
The Planning Board opposed the Land Alteration Proposal. The change on 9.7 b land is
higher to tidal action. If passed the Land Alteration requests and appeals wouldn't come
before the ZBA.
The definition of"Family" doesn't cover all situations. For example, what if a family
sponsor's a team to stay at their home? If the guest stays longer than a predetermined
time would they need to apply for a special permit? Some concerns to consider are fire,
humanitarian and educational issues.
Mr. Brewer has suggested charging developers penalty fees for building multi-units
without affordable housing. The Town would like the affordable housing in Cohasset to
rise above 10% and multi-unit buildings could help bring the percentage up. The census
comes out in 2021. Currently the Town is under 10%.
Woody will be at the Town Meeting to speak against the Large Home Review and Land
Alteration articles. The petitions can be amended on the floor. A majority vote would be
needed to indefinitely postpone the large home review.
April 4, 2017 FINAL
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BOARD BUSINESS:
8:25 PM—Approve Minutes from February
The Board agreed to approve the meeting minutes from February, March and April at the
May hearing.
MOTION BY MR. LACY: Approve meeting minutes from February,
March and April at the May 3, 2017 hearing
SECONDED: Member Chairman Chittick
VOTE: 5 — 0 MOTION CARRIES
8:30 PM - Adjourn the meeting
MOTION BY MR. HIGGINSON: To adjourn the meeting
SECONDED: Member Mr. Goedecke
VOTE: 5— 0 MOTION CARRIES