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HomeMy WebLinkAboutMinutes - ZBoA - 10/03/2017 APPROVED MINUTES COHASSET ZONING BOARD OF APPEALS DATE: Tuesday, October 3,2017 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(WC) Peter Goedecke,Vice Chairman (PG) Charles Higginson(CH) Benjamin Lacy,Associate Member(BL) David McMorris,Associate Member(DM) Matthew Watkins,Associate Member(MW) Assistant Clerk Present: Jennifer Oram,Assistant Clerk, ZBA Chairman S. Woodworth Chittick opened the meeting at 7:30PM. He introduced the Board. All members present. The Board confirmed the next meeting of the Cohasset Zoning Board of Appeals as Tuesday,November 7,2017. CONTINUED HEARINGS SPECIAL PERMIT—Filed by Cavanaro Consulting,on behalf of their client,Roger Wade. Special Permit PerK7.5 and 44 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: John Cavanaro of Cavanaro Consulting Documents for this hearing: No new documents Chairman Chittick asked if any additional information had been submitted. There had been none. He asked if the Board had any further comments or questions for the applicants. Member Charles Higginson noted that on the Deed for this property,there is a restriction on lots 2, 3,4 and 5;he stated all of them have rights to the beach where the dock would be constructed. Mr. John Cavanaro stated the applicant/landowner of 73 Whitehead Road would not be severing those rights. Chairman Chittick said that he did not believe this is the purview of the Board and that issues like this, if there were any,would go to the Land Court. Mr. Higginson thinks the neighbors should talk it out. Chairman Chittick and Mr. McMorris do not think it's a zoning matter. After further discussion: MOTION BY CHAIRMAN CHITTICK: TO CLOSE THE HEARING SECONDED: MEMBER MCMORRIS VOTE: 2-1,WC AND PG FOR, CH AGAINST,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 Clark Brewer,Architect AIA,NCARB,LEED AP Documents for this hearing: Design Option 2,prepared by Clark Brewer and date stamped 9/28/17,Existing Conditions and Site Plan prepared by Cavanaro Consulting, dated 8/3/17, date stamped 9/28/17. All documents on file with the ZBA. Page 1 of 3 APPROVED MINUTES Chairman Chittick reviewed the discussions from the previous hearing in September. He asked Mr. Brewer to review any changes that have been made to the original proposal. Mr. Brewer addressed the Board. Based upon a number of comments at the previous meeting,they are changing the approach for the parking. The side to the East will remain grassy for reserved parking. They will put up a partial fence/enclosure at the service entrance. They have moved the HVAC to a new corner that will not impact the residences. They have tucked the dumpster behind the service entrance. In regard to the entrance,they are mounting a motion censored light near the service entrance. They will not have tall lights or use flood lights. For landscape,they are maintaining the landscaping in front of the addition. Mr. Ed Lochran of the Greek Church addressed the Board. He stated that they had met with the abutters. There has been a long standing flooding issue in the area and they have been meeting with the Town to try and come up with a solution to address it. The Town agreed to run a camera through the drainage pipe. He added that they did talk to the neighbors about the function times and about the proposed dumpster location and the times for pick-up for the dumpster. There was further discussion regarding events and the times they should end. Chairman Chittick explained the times that are adhered to in other parts of Town in other church function halls; they are 1 OPM Sunday—Thursday and 11 PM Fridays and Saturdays. Mr. Cavanaro reviewed the drainage work that would be done on the site to address the longstanding issues that have existed on this property. They are adding drainage capacity to take on additions flow,but they are also taking some of the flow off of their property. They are also going before the Conservation Commission. Attorney Henderson briefly reviewed the criteria to meet relief under §9.7.8 and§8.7. The property is not subject to flooding or tidal action and it is not below elevation 10. For §8.7, it's an extension of a non-conforming use, they are proposing a drainage system and the property is on public sewer. Chairman Chittick opened the meeting to the public. Mr. Jeffrey Palopoli of 802 Jerusalem Road addressed the Board. He and his wife have been good neighbors to the church. They have young children and their bedrooms face the church. They are concerned about the noise and the hours of the functions. They are also concerned about the parking. On Sundays,when there is Mass, attendees park in the front of their house,they are fine with that,but adding more events causes them concern. Cynthia Casey of 821A Jerusalem Road stated that she is appalled that they are proposing to place a dumpster outside of her front door; they should put it on the other side of the church. She is also concerned about the kind of animals would be attracted to the dumpster and the odor of it as well. She is also very concerned about drainage. She already has three sump-pumps and a generator. She wants to know what provisions are going to be made to protect her and the other residents of her building. Mr. Lochran of the Church addressed the group. He stated that the function hall will basically act as a community center for the church. They will monitor it. They are good neighbors. Ms. Angela Lochran added that they need the center for the children to have a place for Sunday school and so other community groups have a place to meet. They have fundraisers, weddings,baptisms and one Tavema. She feels they have been really good neighbors. Member McMorris thinks the dumpster should be moved. He feels the neighbors have a legitimate concern regarding its location. He added that the applicants did a great job with the lighting and drainage. After further discussion: MOTION BY VICE-CHAIRMAN GOEDECKE: TO CONTINUE 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 their client,Roger Wade. Special Permit Per 0.7.5 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. The Board reviewed the draft decision written by Mr. McMorris. Mr. McMorris said that he sees Mr. Higginson's point,regarding neighbor's beach rights,however he does not feel it's under the Zoning Board's jurisdiction. After some discussion: MOTION BY CHAIRMAN CHITTICK: TO APPROVE THE DECISION AND GRANT THE RELIEF SOUGHT FOR A SPECIAL PERMIT UNDER§§9.7.5 and§8.7. SECONDED: VICE-CHAIRMAN GOEDECKE VOTE: 2-1 MOTION CARRIES (WC,PG FOR,CH AGAINST) Chairman Chittick moved to adjourn the meeting. Mr. Goedecke seconded the motion and the vote was unanimous. Meeting adjourned at 9:40PM. Respectfully, Jennifer Brennan Oram Assistant Clerk,Zoning Board of Appeals Page 3 of 3