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HomeMy WebLinkAboutMinutes - ZBoA - 06/06/2017 APPROVED MINUTES COHASSET ZONING BOARD OF APPEALS DATE: Tuesday,June 6,2017 TIME: 7:30 PM PLACE: COHASSET TOWN HALL—Selectmen's Meeting Room 41 HIGHLAND AVENUE,COHASSET,MA 02025 Board Members Present: S. Woodworth Chittick, Chairman Peter Goedecke,Vice Chairman Charles Higginson Benjamin Lacy David McMorris Matthew Watkins Assistant Clerk Present: Chrissie Dahlstrom,Assistant Clerk,ZBA(written by JBO) BOARD BUSINESS Meeting Dates—Meeting dates set for August 1st and September 5th. All members are available for these dates. The Board reviewed correspondence from Town Counsel reviewing open and closed litigation. CONTINUED HEARINGS SPECIAL PERMIT—Filed by Adam J.Brodsky,Esg. 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. The hearing was kept open for the acceptance of any additional submissions. The Board asked if anyone present had any last minute comments. Attorney Jeff Tocchio had nothing further. Attorney Richard Henderson,who represents the Ted and Katherine Lubitz, abutters located at 103 Border Street stated that they are concerned about title. Town Counsel drafted an opinion that the Board does not need to be concerned regarding the issue of title. Attorney Henderson disagrees with their opinion. He does not disagree that the Richters own the structure,but the ownership of portion of the lot is in question. MOTION BY CHAIRMAN CHITTICK : TO CLOSE THE HEARING SECONDED: VICE-CHAIRMAN GOEDECKE VOTE: 6-0 MOTION CARRIES SPECIAL PERMIT or VARIANCE—Filed by Attorney Jeffrey A.DeLisi on behalf of his clients,Donald P. Ryan and Elyse M.Ryan,Trustees of the Ryan 88B Beach Street Trust,u/d/t dated January 5,2017(and if necessary,variance) per bylaw"8.7 and 9.11 relative to side yard setbacks previously issued to raze and reconstruct the existing dwelling and detached accessory structure,both located in the Flood Plain at 88B Beach Street. File#17.02.21 This is a continued hearing. Attorney De Lisi had nothing additional to submit. Member,Mr. Benjamin Lacy,has concerns with how the measurements have been taken. The measurements on this lot were taken from the low water mark; not the high water mark per§5.2.1. Attorney De Lisi stated that Engineer Brendan Sullivan did look at this and the way they interpret is that the lot the provisions in §5.2.1 relate to new lots,not pre-existing non- conforming lots. There was then an extensive conversation regarding the measurement from the lot line and high water v. low water mark. The Board then discussed if relief should be given under a Special Permit or a Variance. The applicants and the Board would like to complete the hearing this evening. Chairman Chittick suggested that Page 1 of 4 APPROVED MINUTES the Board leave the hearing open for an hour while the applicants review the data so they can determine what relief they will require. The applicants left the room to hold further discussions. NEW HEARINGS SPECIAL PERMIT—Filed by Richard A.Henderson,Esquire on behalf of Cohasset Yacht Club. Special Permit per bylaw Sections 9.7; and other relief as may be required under Section 8.7 seeking relief for restoration of a non-conforming building at 99 Howard Gleason Road. File#17.05.09.1 In attendance at this hearing—Attorney Richard Henderson,Michael Whitmore of CLE Engineering and Carlos Pena,Architect with Roundell,LLC. Documents for this hearing—Architectural Plans with an additional Site Plan by CLE Engineering dated June 4, 2017, CLE Engineering Site Plan dated November 5,2014, Chairman Chittick has been involved on the Executive Committee of the Cohasset Yacht Club. He will recuse himself and Vice-Chairman Peter Goedecke will Chair the hearing. Mr. Chittick left the room. Attorney Henderson addressed the Board. He represents Cohasset Yacht Club. The area where they wish to rebuild the club is non-conforming and the current club is not handicapped accessible. Member Lacy asked how much jurisdiction the Board has over Water. Attorney Henderson stated that the Board has jurisdiction only above the mean high water mark. Mr. Carlos reviewed both previous and new FEMA maps and the impact they have on the height of the project. The building is not in the VE21 zone,but instead the VE 11 zone. The top of the proposed new floor should therefore be at I V elevation. Mr. Whitmore stated the site plan shows the existing footprint and the proposed new footprint. The Southwest side has a slightly larger proposed deck area over the water. The pilings supporting the clubhouse have deteriorated to the point where the members can no longer access most of the structure and the clubhouse has been condemned. They need to replace all of the pilings and are proposing to remove the damaged clubhouse and replace it with steel pilings for the building footprint and timber pilings for the deck. They wish to replace the club with its original configuration, add modestly to the deck and create a 32' handicapped accessible gangway that will be ADA compliant. They are not going to increase membership,they are working to have the same functionality as before. The net increase in width is from 1.5' to 2.5'. The second floor that is currently storage will become a meeting space and a gallery. The deck will be extended by 3' on each end. The real challenge is to build at the new FEMA elevation of VE11. The club will be 3' higher the it is presently. There was an extensive discussion on building height and how they measured it. They are working from-.67 average grade and all of the measurements were taken to the midpoint of the highest roof. The Board then reviewed the deck. They are working under Bylaw section 9. The existing deck is 17.5' to the Mean Low Water Mark. They are proposing to go to 22'. The existing square footage touching the ground is 1,136 square feet and the proposed is 1,150 square feet. The applicants then reviewed the dimensions of the lot line for the Board. The site is 40,320 square feet measuring from the mean low water mark. 13,055 square feet are above that mark . The lot frontage and width are compliant as are side setbacks. The only dimensional issue is the rear setback. There was then discussion if this increase in the nonconformity called for relief under a Variance. After much discussion,the Board agreed they would need a Variance. The applicants agreed to instead take 2' off the deck extension so that they would only need a Special Permit. The hearing will remain open and a draft decision will be reviewed in July. MOTION BY CHAIRMAN GOEDECKE: CONTINUE THE HEARING TO JULY 11,2017 SECONDED: MR.LACY VOTE: 6-0 MOTION CARRIES Page 2 of 4 APPROVED MINUTES VARIANCE—Filed by Richard A. Henderson,Esquire on behalf of SSG Cushing Cohasset,LLC. Variance Section 12.1 from requirements of 0.5.2 with regard to a sign affixed to a structure facing Scituate Hill Rod and a pylon/monument sign that is a two sided sign with the sign face area of Oust under 36 square feet at 81 King Street. File#17.05.09.2 In attendance for this hearing: Attorney Richard Henderson, David Williams, Director of Construction and Development, SSG Cushing Cohasset, LLC and David Fulton of SSG Cushing Cohasset,LLC. Documents for this hearing: Plans for signs by Barlo Signs,ZBA date stamped 6/6/2017, Cavanaro Consulting Site Plan 10/14/2015. Attorney Richard Henderson addressed the Board on behalf of his client, SSG Cushing Cohasset, LLC. The applicants are seeking signage for the new self-storage building located at 81 King Street. They are requesting to place two signs, one on the southerly side of the building and the other on the southeasterly side. The signs are large individual letters saying "Extra Space Storage". The combined square footage for both of these signs is 66 square feet for each sign. They also wish to place a directional sign at the intersection of Chief Justice Cushing Highway and Scituate Hill Road. The square footage for this pylon directional sign is 37 square(both sides). The applicants are requesting a Variance. The building is the largest in Cohasset and there is not direct access to it from 3A necessitating a directional sign. Building Commissioner, Bob Egan, thinks the Board should consider the size of the building. Attorney Henderson will provide the Board with a copy of the Pilgrim Bank decision from 2002. MOTION MR. GOEDECKE: CONTINUE THIS HEARING TO JULY 11,2017 SECONDED: MEMBER LACY VOTE: 6-0 MOTION CARRIES CONTINUED HEARING SPECIAL PERMIT or VARIANCE—Filed by Attorney Jeffrey A.DeLisi on behalf of his clients,Donald P. Ryan and Elyse M. Rvan, Trustees of the Ryan 88B Beach Street Trust,u/d/t dated January 5,2017(and if necessary,variance) per bylaw"8.7 and 9.11 relative to side yard setbacks previously issued to raze and reconstruct the existing dwelling and detached accessory structure,both located in the Flood Plain at 88B Beach Street. File#17.02.21 Documents for this hearing—Paper confirming Sideyard setbacks signed by Brendan Sullivan. Attorney De Lisi returned after speaking with Mr. Steve Myers and confirmed that they are not increasing the width of the home that was approved in 2008. Engineer John Cavanaro reviewed how he measured the lot, frontage, width and area under§5.1. They reviewed the application from 2008. In 2008,the applicant filed to enlarge the home. Mr. Cavanaro added that Brendan Sullivan had calculated the existing sideyard setbacks as presently 11.2'going to 10' on the West and the 15.5' going to 15' on the East side. They measured from the mean high water line for the side lot line. They submitted this information in writing. MOTION BY CHAIRMAN GOEDECKE: TO CLOSE THE HEARING SECONDED: MEMBER LACY VOTE: 6-0 MOTION CARRIES Page 3 of 4 APPROVED MINUTES DELIBERATIONS 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. The Board had a lengthy discussion regarding the application. MOTION BY CHAIRMAN CHITTICK: TO GRANT A SPECIAL PERMIT WITH CONDITIONS. SECONDED: VICE-CHAIRMAN GOEDECKE VOTE: 6-0 MOTION CARRIES SPECIAL PERMIT or VARIANCE—Filed by Attorney Jeffrey A.DeLisi on behalf of his clients,Donald P. Ryan and Elyse M.Ryan,Trustees of the Ryan 88B Beach Street Trust, u/d/t dated January 5,2017(and if necessary,variance)per bylaw&48.7 and 9.11 relative to side yard setbacks previously issued to raze and reconstruct the existing dwelling and detached accessory structure,both located in the Flood Plain at 88B Beach Street. File#17.02.21 The Board had a lengthy discussion regarding the application. MOTION BY CHAIRMAN CHITTICK: TO GRANT A SPECIAL PERMIT WITH CONDITIONS SECONDED: VICE-CHAIRMAN GOEDECKE VOTE: 6-0 MOTION CARRIES Chairman Chittick moved to adjourn the meeting. Mr. Goedecke seconded the motion and the vote was unanimous. Meeting adjourned at 11:00PM. Respectfully, Jennifer Brennan Oram Assistant Clerk,Zoning Board of Appeals Page 4 of 4