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HomeMy WebLinkAboutMinutes - ZBoA - 09/12/2017 APPROVED MINUTES COHASSET ZONING BOARD OF APPEALS DATE: Tuesday, September 12,2017 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 Chairman S. Woodworth Chittick opened the meeting at 7:30PM BOARD BUSINESS The Board agreed that the next meeting of the Zoning Board of Appeals will be Tuesday, October 3, 2017. 25 Ripley Road—Request from Wilmarc Charles to extend his Comprehensive Permit(granted January 30, 2012) and discussion regarding use of the property-Continued. In attendance for this hearing—Wilmarc Charles,25 Ripley Road. Documents for this hearing—Letter to Wilmarc Charles RE: list of Requested Documents to be presented to the ZBA prior to the September 12,2017 meeting—letter dated August 9,2017. Documents Emailed to ZBA from Mr. Charles on September 7, 2017 with documents attached. All documents on file with the ZBA. Chairman Chittick reviewed the discussion from the previous meeting in August. This Comprehensive Permit has been extended on several occasions. All extensions have been at the request of Mr. Charles. At the Board's previous meeting,the Board requested several documents and outlined this request in writing to Mr. Charles on August 9,2017. This list was emailed,mailed and picked up by an Associate of Mr. Charles. Mr. Charles submitted documents via email on September 7,2017. Vice Chairman Goedecke explained that the Board had asked for a copy of Mr. Charles' Loan Modification. Mr. Goedecke stated that what Mr. Charles provided was a response from the bank offering Mr. Charles choices of either a short sale or a deed in lieu. He asked Mr. Charles if he picked an option. Mr. Charles replied that he chose the short sale. Mr. Goedecke asked if Mr. Charles had the documentation for the approved short sale. Mr. Charles looked for the document and then offered to call the bank. The Board declined the offer for the call to the bank. Mr. Goedecke said that there is nothing in the documentation Mr. Charles provided to the Board that shows that he has applied for or received a loan modification. Based on the information provided by Mr. Charles,the Board cannot ascertain what agreement Mr. Charles has with his bank(Chase). There was an extensive conversation regarding the loan balance and the amount Mr. Charles has listed the property for online. Mr. Charles has listed the property for sale via a short sale for$700,000, and the loan amount is $900,000 (based on the documentation submitted by Mr. Charles). The Board asked Mr. Charles what happened to the investor,Mr. Bernard,that he brought forth to the Board in August. Mr. Charles stated that he withdrew from the project. After further discussion, Chairman Chittick asked what the sentiment of the Board was. Mr. McMorris stated that from a practical perspective,he does not see the project going forward in the foreseeable future. Mr. Goedecke thinks at this price, it may be easier to sell it. Chairman Chittck feels that at this time, and Page 1 of 4 APPROVED MINUTES with the economy changing, construction elements have changed and a new buyer could have a fresh perspective on the property. There was a conversation regarding 40B, Condos and a single family use. Mr. Watkins said that at the last meeting the Board was fair and very specific with what it needed from the applicant for the meeting this evening. It's clear from the response [from Mr. Charles] that the information requested was not submitted. Mr. Watkins thinks the project has reached its conclusion and it does not make sense to prolong the inevitable. There was discussion regarding giving Mr. Charles another 30 days. Mr. Lacy stated he did not see any reason to prolong it. MOTION BY VICE-CHAIRMAN GOEDECKE: TO DENY THE EXTENSION OF THE COMPREHENSIVE PERMIT FOR 25 RIPLEY ROAD SECONDED: MEMBER BENJAMIN LACY VOTE: 3-0 MOTION CARRIES (WC, PG and CH) CONTINUED HEARINGS SPECIAL PERMIT—Filed by Nancy Kerber,Arcitect,on behalf of landowners Tyler and Jenna Thibault. Special Permit per&8.7.2 and any further relief as the Board deems appropriate. Applicant seeks to construct an addition at 706 Jerusalem Road. File#17.06.29 In attendance for this hearing: Mr. Tyler Thibault Documents for the hearing: No new documents This is a continued hearing. Chairman Chittick asked if there was any new information to be submitted. Mr. Thibault stated that they have placed the house on the market,but would still like to move forward with the permit. They can sell the home with it or if they can't sell,they can move forward with the project. MOTION BY VICE-CHAIRMAN GOEDECKE: TO CLOSE THE HEARING SECONDED: MEMBER BENJAMIN LACY VOTE: 6-0 MOTION CARRIES NEW HEARINGS SPECIAL PERMIT—Filed by Cavanaro Consulting,on behalf of their client,Roger Wade. Special Permit peW.7.5 and &4 and any further relief as the Board deems appropriate. Applicant seeks to construct a Residential Dock at 73 Whitehead Road. File#17.08.07. In attendance for this hearing: Mr. John Cavanaro of Cavanaro Consulting and landowner, Roger Wade Documents for the hearing: ZBA application with supporting documents and a site plan dated 8/4/17 prepared by Cavanaro Consulting. All on file in the ZBA office. Chairman Chittick opened the hearing. Mr. John Cavanaro presented for the landowner/applicant,Roger Wade. They are seeking a Special Permit to construct a residential dock under§9.7.5 for work within the Flood Plan and under §4 for the use of a private boat dock. The land is registered and the lot extends all the way to the low water mark;the deed specifically says"mean low water mark". The water is a Federal Channel. Mr. Cavanaro reviewed the lot lines of the rear of the property to give the Board an idea of why they are proposing the dock in this specific location. The dock will run approximately 320 feet and will be no higher than 11.5 feet. They will have a 2.5 foot railing along the dock and there will be a removable 12 x 20 float. Vice-Chairman Goedecke asked if there has ever been a dock there before. There has not. They met with Harbormaster Gibbons who asked that they install some low level lighting. There was a lengthy discussion regarding the permit process. They have been to Conservation,they have been talking with the Division of Marine Fisheries. After this hearing,they will apply for a Chapter 91 License with the state and then that will go to the Army Corp. There was then a lengthy discussion regarding the Mean Low vs. Mean High water and the purview of the Board. There was then discussion regarding existing easements on the property. Mr. McMorris stated that the Board does not speak to easements as it would be Page 2 of 4 APPROVED MINUTES too confusing. It's registered land and any issues would go to Land Court. Mr. Higginson asked where the dock would be located during the off season. Mr. Cavanaro said it would most likely be maintained by Steamboat Wharf who will professionally maintain and store the float. MOTION BY CHAIRMAN CHITTICK: TO CONTINUE THE HEARING SECONDED: ASSOCIATE MEMBER WATKINS VOTE: 6-0 MOTION CARRIES SPECIAL PERMIT—Filed by Attorney Richard Henderson,on behalf of his client,the South Shore Hellenic Church,Inc. Special Permit per 48.7.2 and 49.7 and any further relief as the Board deems appropriate. Applicant seeks to construct a two story addition on an existing foundation at 811 and 819 Jerusalem Road. File#17.08.14. In attendance for this hearing: Attorney Richard Henderson and Architect, Clark Brewer Documents for the Hearing: ZBA Application and supporting documents,Architectural Plans prepared by Clark Brewer,Architect,AIA,NCARB,LEED AP, Site Plan prepared by Cavanaro Consulting, dated 8/3/17 and date stamped 8/14/17 and an Existing Conditions Plan created by Cavanaro Consulting, dated 8/3/17 and date stamped 8/14/17, copy of the June 17,2003 ZBA decision for 811 Jerusalem Road and NOI plan submitted at hearing and date stamped 9/12/17. All documents on file with the ZBA. Chairman Chittick opened the hearing. Attorney Richard Henderson addressed the Board. He gave the history of the project, explaining that the Board had previously issued a permit in 2003 to build an addition. That addition was not built,but the foundation was poured. The structure they received approval for in 2003 was 5,800 square feet. The structure that is being proposed now is a greater distance from the boundary line and is less intrusive and smaller at 4,300 square feet. Mr. Cavanaro reviewed the site plan for the Board. The essence of this proposed project is to complete the project that was started,but not completed. He reviewed the existing foundation and the setbacks. There is an existing shed and a gravel driveway. The existing parking is in the front yard setback. The property is serviced by municipal sewer and has gas and water. The plan is to go vertical on top of the foundation. There is a history of drainage issues on the property, so they need to maintain pervious surfaces. They will grade the existing parking in the front. They have enough parking now for daily use,but will need to use the grassy area in the front for overflow parking. Project Architect, Clark Brewer addressed the Board and reviewed the architectural plans. The foundation is a slab on grade, so there are no flooding issues. They are proposing to go up a story and a half and will create some outdoor space. The structure will be under 32 feet to the mid-point of the highest roof. The areas with flat roofs will be no higher than 10 or 11 feet. The elevation on the side closest to the lot line is under 15'. There was then a lengthy discussion regarding flooding on the property. Mr. Brewer stated they are working with the Town to change the sidewalk profile to help with the drainage on the property. Mr. Lacy asked how far they can bring up the grade in the front of property. Mr. Cavanaro said they can bring it up about one foot. Mr. Goedecke asked if that would be enough. Mr. Cavanaro said it would be and that the area would most likely be made of a pervious surface. Chairman Chittick asked if the Board could condition the use of the pervious surface. Mr. Cavanaro agreed they could and said that it would help with the coverage calculations for the Stormwater Permit. He added that they are also removing the existing shed. The Board opened up discussion to the audience. Ms. Maureen Louzan of 821 Jerusalem Road addressed the Board. Her condo unit's back door faces where the proposed kitchen would be located. They are already dealing with water issues and she is concerned about the location of the kitchen and the noise that would eminate from it. She asked if the kitchen could be relocated. Ms. Cynthia Casey of 821A Jerusalem Road said that she has not seen the plans for the project and she is concerned about the parking,water/flooding issues and the noise. Chairman Chittick explained that the Board would be continuing this hearing to address open issues. The applicants need to come to an agreement on hours of operation;particularly in relation to functions. Noise Page 3 of 4 APPROVED MINUTES abatement for the kitchen, dumpster and HVAC units should also be addressed along with screening. He suggests the applicants and the neighbors meet to discuss the project and these issues. Mr. Lochran from the Church addressed the Board. He stated that they would meet with the neighbors. MOTION BY CHAIRMAN CHITTICK: TO CONTINUE THE HEARING SECONDED: VICE-CHAIRMAN GOEDECKE VOTE: 6-0 MOTION CARRIES DELIBERATIONS SPECIAL PERMIT—Filed by Nancy Kerber,Architect, on behalf of landowners Tyler and Jenna Thibault. Special Permit per 0.7.2 and any further relief as the Board deems appropriate. Applicant seeks to construct an addition at 706 Jerusalem Road. File#17.06.29 After a brief discussion: MOTION BY CHAIRMAN CHITTICK: TO GRANT A SPECIAL PERMIT UNDER§8.7.2 SECONDED: VICE-CHAIRMAN GOEDECKE VOTE: 3-0 MOTION CARRIES (WC,PG& CH) Chairman Chittick moved to adjourn the meeting. Mr. Goedecke seconded the motion and the vote was unanimous. Meeting adjourned at 10:25PM. Respectfully, Jennifer Brennan Oram Assistant Clerk,Zoning Board of Appeals Page 4 of 4