HomeMy WebLinkAboutMinutes - ZBoA - 07/11/2017 APPROVED MINUTES
COHASSET ZONING BOARD OF APPEALS
DATE: Tuesday,July 11,2017
TIME: 7:30 PM
PLACE: COHASSET TOWN HALL—Basement 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: Jennifer Oram,Assistant Clerk,ZBA
BOARD BUSINESS
Meeting Dates—Meeting dates set for August 1ST and the Board agreed to move the September 5tn meeting to
September 12'T.
CONTINUED 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 for
restoration of a non-conforming building at 99 Howard Gleason Road. File#17.05.09.1
This hearing was kept open for the submission of new materials. Chairman Chittick recused himself from this and
appointed Peter Goedecke as Chair. The Board did receive a new site plan showing the deck cut back. After a brief
discussion:
MOTION BY MEMBER McMORRIS : TO CLOSE THE HEARING
SECONDED: MEMBER BENJAMIN LACY
VOTE: 6-0 MOTION CARRIES
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
Road and a pylon/monument sign that is a two sided sign with the sign face area of iust under 36 square feet
at 81 King Street. File#17.05.09.2
The hearing was kept open for submissions of new materials. None were received. After a brief discussion:
MOTION BY MEMBER McMORRIS : TO CLOSE THE HEARING
SECONDED: MEMBER BENJAMIN LACY
VOTE: 6-0 MOTION CARRIES
Page 1 of 4
APPROVED MINUTES
NEW HEARINGS
SPECIAL PERMIT-Filed by Cavanaro Consulting, on behalf of John Weltman and James Atkins.
Special Permit per"4.2 and 9.7.5,and any other relief the Board deems appropriate. Applicant seeks to
Construct a residential dock at 92A Beach Street. File#17.06.14a.
In attendance at this hearing—John Cavanaro of Cavanaro Consulting
Documents for this hearing—Site Plan by Cavanaro Consulting dated 6/7/17.
John Cavanaro of Cavanaro Consulting addressed the Board on behalf of his clients,John Weltman and James
Atkins. They are new owners of the property and are seeking a Special Permit to construct a dock. They are
seeking relief under §4.2 and §9.7.5. Mr. Cavanaro stated that the dock will not exceed a height of 11 above grade
(including the railings)and all the piles added together would have a total footprint of 34 square feet on the ground.
They will be going before the Conservation Commission next. They first have to address use with the ZBA,then
get Conservation Commission approval and then file with the state. They also met with the Harbormaster and she
has no issues with the dock. Mr. Lacy expressed concern with the length of the dock and the impact it could have
on small boats using Inner Little Harbor. Chairman Chittick stated that 4.2 does not deal with neighborhood
impact. Mr. McMorris asked what the Board's jurisdiction is on docks. Chairman Chittick stated the Board can
rule on the area up to the mean high water mark. Mr. McMorris did not think the Board could impose conditions
beyond the mean high water mark. The Board did not have any further questions under §9.7.5. The hearing will
remain open and a draft decision will be reviewed in August.
MOTION BY VICE-CHAIRMAN GOEDECKE: CONTINUE THE HEARING TO AUGUST 1,2017
SECONDED: MEMBER CHARLES HIGGINSON
VOTE: 6-0 MOTION CARRIES
SPECIAL PERMIT—Filed by Cavanaro Consulting on behalf of landowner,508 CJCH Property Trust,
Peter Capozzoli Trustee. Special Permit per 08.7.2 and 9.7.8 and any other relief the Board deems
appropriate. Applicant seeks to raze the existing building and replace with a new office with attached
garage and add a separate storage building at 508 Chief Justice Cushing Highway. File#17.06.14b
In attendance for this hearing: John Cavanaro of Cavanaro Consulting,Landowners Peter and Betty Capozzoli
Documents for this hearing: Architectural Schematic Plans for project created by DJSA,Dennis J. Swart
Architecture dated June 13,2017. Architectural Plans created by DJSA(Dennis J. Swart Architecture)ZBA date
stamped June 14,Cavanaro Consulting Site Plan dated 6/14/17,Memorandum of Support dated 6/21/17 and
updated Architectural plans dated 6/21/2017. Third set of Architectural Plans distributed at hearing 7/11/2017;
Document showing Signatures from abutters (7/11/17).
John Cavanaro addressed the Board and handed out a third set of plans to the Board. This set has more details for
the Planning Board and shows more measurements including height. Mr. Cavanaro reviewed the project and the
site plan to the Board. A business has been in this location since the 1930s when Route 3A was the main roadway
to the Cape. Mr. and Mrs. Capazzoli have been in this location for over forty years. They wish to raze and
reconstruct the shop and add a storage shed to the site. Mr. Cavanaro said the site is substantially challenged in that
the entire site is within the Flood Plain. The property used to flood until Mass Highway installed a much larger
culvert in front of the property and this has relieved much of the flooding in the area. The septic system has failed
and will be replaced; an application has already been filed with the Board of Health. They will make the new
structure ADA compliant. It will also have restrooms,a waiting room and an office.
They will change the location of the building on the lot,but will not intrude on the 50 foot buffer zone. Vehicles
will enter through the back of the building and exit out the garage door in the front. The building has been designed
to be in keeping with residential area appearance. They are also moving the building back which will be in
compliance with the required front setback. The storage shed is to hold vehicles overnight. Since the building is
within the Flood Plain there will be no basement.
Page 2 of 4
APPROVED MINUTES
Mr. Lacy stated they are tripling the size of the structures that are currently on the site. Mr. Cavanaro said that the
they are actually improving the front setback and are not seeking relief for any dimensional requirements. Mr.
McMorris asked Mr. Cavanaro if there were any dimensional issues with the proposed plan. Mr. Cavanaro stated
there were not and they would also be making the proposed buildings flood compliant,providing ADA compliance
and a Title 5 compliant septic system.
The area is zoned residential. They obtained signatures from many abutters in the area. They will be going before
the Conservation Commission next.
MOTION CHAIRMAN CHITTICK: CONTINUE THIS HEARING TO August 1,2017
SECONDED: VICE CHAIRMAN GOEDECKE
VOTE: 6-0 MOTION CARRIES
SPECIAL PERMIT—Filed by Adam J.Brodsky,Esg. on behalf of landowner, Christopher Brett DeMayo,
Trustee of the 16 Stockbridge Realty Trust. Special Permit per 4" 8.7.2,9.7.6, 9.7.7 and 9.7.8; and any
other relief the Board deems appropriate. Applicant seeks to raze and reconstruct the existing dwelling,
a portion of which is within the Floodplain District at 16 Stockbridge Street. File#17.06.14c.
In attendance at this hearing: Attorney Adam J. Brodsky, Mike Tartamella and Cesar Monte of Patrick Ahearn
Architect and landowner,Christopher Brett DeMayo.
Documents for this hearing: Architectural Plans dated June 9, 2017, Cavanaro Consulting Site Plan dated 6/9/17,
letter from Darcy Ochs of 14 Stockbridge Street (lives in Germany) and email from Wendy Chambers White (23
Stockbridge Street,lives in Canada).
Attorney Brodsky addressed the Board along with Mike Tartamella of Patrick Ahearn Architect's office. They are
requesting to raze and reconstruct the existing dwelling, but are proposing to do so in the existing footprint while
trying to save as much from the original structure as possible. The lot size and lot width are both nonconforming.
3.1 feet of the existing structure is also nonconforming on the East Side. They are going to remove two
outbuildings and a deck. The portion of the house that is presently one story will be razed and rebuilt to two
stories. They will be going up and which adds facade within the nonconforming setback. The applicants then
explained that they did a land swap with their neighbors to help make the proposal more conforming in some parts
of the project. The portion where they are going to two stories will add a dormer and a chimney. The front 1 story
porch will remain the same,but they will add second story porch above it.
They are also proposing a 24 x 24 detached garage, with a second story for a small office. Due to the land swap,
the garage is conforming, but a portion of it is within the Flood Plain. To address this, they will remove the paved
driveway and will replace it with gravel.
Attorney Brodsky stated that he did speak with Ms. Ochs, owner of 14 Stockbridge Street. She was hoping they
could rotate the project,but the applicant thinks this is not practical.
Chairman Chittick asked for existing square footage so the Board could compare it to the proposed. The lot is
small, and it appears what they are proposing is volumetrically double than what is there currently. The Board
would like these details to determine the impact of the proposed. Attorney Brodsky stated that the proposed gross
increase is 3%, -8%below what they could do. He added that they purposely designed a low impact structure. Mr.
DeMayo stated they were willing to remove the proposed chimney, but they felt it broke up the impact of the side
of the house.
The Board asked for the applicants to submit a table showing the existing and proposed gross area showing the net
increase(s).
MOTION BY CHAIRMAN CHITTICK: TO CLOSE THE HEARING
SECONDED: MEMBER LACY
VOTE: 6-0 MOTION CARRIES
Page 3 of 4
APPROVED MINUTES
DELIBERATIONS
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 for
restoration of a non-conforming building at 99 Howard Gleason Road. File#17.05.09.1
Chairman Chittick recused himself. The Board reviewed and edited the draft decision.
MOTION BY MEMBER McMORRIS: TO GRANT A SPECIAL PERMIT
SECONDED: MEMBER HIGGINSON
VOTE: 5-0 MOTION CARRIES
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
Road 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
The Board reviewed and edited the draft decision.
MOTION BY CHAIRMAN CHITTICK: TO GRANT A VARIANCE WITH CONDITIONS
SECONDED: MEMBER HIGGINSON
VOTE: 6-0 MOTION CARRIES
MINUTES
Chairman Chittick moved to approve the minutes of March 28, 2017 and May 3, 2017 as amended. Mr.
Lacy seconded the motion and the vote was unanimous (6-0).
Chairman Chittick moved to adjourn the meeting. Mr. Goedecke seconded the motion and the vote was
unanimous. Meeting adjourned at 10:20PM.
Respectfully,
Jennifer Brennan Oram
Assistant Clerk,Zoning Board of Appeals
Page 4 of 4