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Home My WebLink AboutMinutes - ZBoA - 08/01/2017 APPROVED MINUTES COHASSET ZONING BOARD OF APPEALS DATE: Tuesday,August 1,2017 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: Jennifer Oram,Assistant Clerk,ZBA BOARD BUSINESS 25 Ripley Road—Request from Wilmarc Charles to extend his Comprehensive Permit(granted January 30, 2012) and discussion regarding use of the property. Chairman Chittick opened the discussion. He said the last time Mr. Charles was before the Board the last time was in March at which time Mr. Charles was granted a three month extension for his Comprehensive Permit. Mr. Charles asked to be placed on this agenda to request an additional extension. Chairman Chittick said that this project has been in the works since 2009. The Comprehensive Permit was issued in 2012 and since that time,the Board has granted several extensions with zero progress on the project. The Chairman asked Mr. Charles why the Board should grant another extension. Mr. Charles stated that there have been many reasons for the extensions. He is asking for another one this evening because he is working with a new partner on the project,Mr. Bernard, and also,his Attorney was unable to attend this meeting. Chairman Chittick then asked Mr. Charles about the use of his property stating that it's his understanding that Mr. Charles has been utilizing the property as a boarding house; a use that is illegal in that district without a Special Permit. Mr. Charles denied that this was how he was using the property. He is letting friends stay there He respectfully asks the Board to grant the extension. Vice-Chairman Goedecke asked Mr. Charles if he had a business deal with Mr. Bernard. Mr. Charles said they have nothing down on paper at this point,but they will be working together. The Board asked Mr. Bernard what his role in the project would be. Mr. Bernard stated he would be the investor. The Board asked him to review his experience. Mr. Bernard said that he was more of an investor than a developer. There was then further discussion regarding the current use of the property. Chairman Chittick would like the Building Inspector to issue a Cease and Desist until it can be determined if the current use is allowed. The Board asked the Building Inspector,Robert Egan, if he was comfortable with the current status of the building since the incident of one of the tenants falling into a septic well on the property. Mr. Egan stated that he was comforted by the building code updates and safety changes that have been made since the Interim Health Director and he inspected the property. Regarding the extension of the Comprehensive Permit, The Board discussed what documentation they will need from Mr. Charles to demonstrate to the Board that an extension should be granted. Mr. Charles needs to demonstrate that the project is feasible. The Board will create the list of necessary documents and send it to Mr. Charles. He will have until the next Zoning Board meeting of September 12th to produce the documents. After further discussion and comments from the audience,Mr.Lacy moved to grant an extension of the Page 1 of 3 APPROVED MINUTES Comprehensive Permit for 25 Ripley Road until September 12,2017. Mr.Goedecke seconded the motion and the vote was unanimous. CONTINUED 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. The hearing was kept open for submissions of new materials. The applicant submitted a completed"Dock" application. After a brief discussion: MOTION BY VICE-CHAIRMAN GOEDECKE: TO CLOSE THE HEARING SECONDED: MEMBER BENJAMIN LACY 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 The hearing was kept open for submissions of new materials. The Board received a new site plan that showed the silt fence and that the storage shed would be heated. Mr. Goedecke asked for clarifications on the floor areas existing vs. proposed. Mr. Denis Swart stated that the existing garage is 857 square feet and the existing office is 529 square feet. The proposed service office and service garage is 4,435 square feet on the first floor with 1,288 square feet of storage on the second floor. The proposed storage shed is 1,912 square feet. After a brief discussion: MOTION BY MEMBER LACY: TO CLOSE THE HEARING SECONDED: VICE-CHAIRMAN GOEDECKE VOTE: 6-0 MOTION CARRIES SPECIAL PERMIT—Filed by Adam J.Brodsky,Esg. on behalf of landowner, Christopher Brett DeMavo, Trustee of the 16 Stockbridge Realty Trust. Special Permit per""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. The hearing was kept open for submissions of new materials. The Board had received in their packets the existing v.proposed floor area. After a brief discussion: MOTION BY CHAIRMAN CHITTICK: TO CLOSE THE HEARING SECONDED: MEMBER BENJAMIN LACY VOTE: 6-0 MOTION CARRIES Page 2 of 3 APPROVED MINUTES DELIBERATIONS SPECIAL PERMIT-Filed by Cavanaro Consulting, on behalf of John Weltman and James Atkins. Special Permit per 04.2 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. The Board reviewed the draft decision. After a lengthy discussion: MOTION BY CHAIRMAN CHITTICK: TO GRANT A SPECIAL PERMIT 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 The Board reviewed the draft decision and discussed the existing Class I and Class 2 Licenses issued to this property by the Board of Selectmen. After further discussion: MOTION CHAIRMAN CHITTICK: TO GRANT A SPECIAL PERMIT SECONDED: VICE CHAIRMAN GOEDECKE VOTE: 6-0 MOTION CARRIES SPECIAL PERMIT—Filed by Adam J.Brodsky,Esq. on behalf of landowner, Christopher Brett DeMayo, Trustee of the 16 Stockbridge Realty Trust. Special Permit per§4448.7.2,9.7.6,9.7.7 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. MOTION BY CHAIRMAN CHITTICK: TO GRANT A SPECIAL PERMIT 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 9:44PM. Respectfully, Jennifer Brennan Oram Assistant Clerk,Zoning Board of Appeals Page 3 of 3