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HomeMy WebLinkAboutMinutes - ZBoA - 11/07/2017 APPROVED MINUTES COHASSET ZONING BOARD OF APPEALS DATE: Tuesday,November 7,2017 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. He introduced the Board. All members present. The Board confirmed the next meeting of the Cohasset Zoning Board of Appeals as Tuesday,December 5, 2017; Associate Member Watkins will not be in attendance. CONTINUED HEARINGS SPECIAL PERMIT—Filed by Attorney Richard Henderson,on behalf of his client,the South Shore Hellenic Church,Inc. Special Permit per �8.7.2 and �9.7 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 417.08.14. In attendance for this hearing: Attorney Richard Henderson and Architect, Clark Brewer. Documents for this hearing: No new documents. The Board agreed they were not waiting on any additional information. MOTION BY VICE-CHAIRMAN GOEDECKE: TO CLOSE THE HEARING SECONDED: MEMBER MCMORRIS VOTE: 6-0 MOTION CARRIES NEW HEARINGS SPECIAL PERMIT—Filed by Jeffrey DeLisi, Esq., on behalf of his client, Cohasset Realty Trust. Special Permit per �4.2 and any further relief as the Board deems appropriate. Applicant seeks to construct 20 Residential Apartments at 380-400 Chief Justice Cushing Highway. File 417.10.03. In attendance for this hearing: Attorney Jeff De Lisi and Jack O'Leary of Sitec. Documents for this hearing: Filing Letter from Attorney De Lisi dated 10/3/17, ZBA Application and other supporting documents, Zoning Analysis prepared by Sitec dated 9/28/17 and date stamped 10/3/17, Site Plan prepared by Sitec dated 9/28/17 and date stamped 10/3/17, Architectural and other plans dated 10/2/17 and date stamped 10/3/17 and prepared by Axiom Architects and a color rendering packet showing the proposed building, elevations and floor plans submitted at the hearing 11/7/17. All on file with the ZBA. Pagel of 5 APPROVED MINUTES Chairman Chittick opened the hearing. Vice-Chairman Peter Goedecke was noticed on this hearing due to a previous financial interest in the Cook Estate. This interest no longer remains, but he thought it would be cleaner if he recused himself from this hearing process. He did so and moved to a seat in the audience. Attorney Jeffrey De Lisi addressed the Board on behalf of his client, Cohasset Realty Trust. Also present was Mr. Jack O'Leary of Sitec and Mr. Jamie Kelliher of Axiom Architects. Attorney De Lisi reviewed the history of this site and the project. In 2010, the Site Plan was conditionally approved by the Planning Board for a 30,000 square foot retail location. The matter ended up on land court and in 2013, a judgement was issued in favor of the applicant that struck some language from the Site Plan Approval. The final Site Plan Approval occurred in September of 2017. A Building Permit for the foundation for this third building on the site was issued. They are before the Board seeking approval for relief under §4.2 for the use of the second story as 20 Residential Rental Units. In his filing letter, Attorney De Lisi indicated that the applicant would voluntarily deed restrict 20% of the rental units as affordable. However, after discussions with the Town, it became clear that if that number was raised to 25%, then all of the units could count toward the Town's Subsidized Housing Inventory(SHI). The applicant will also be filing to amend the existing Site Plan with the Planning Board. Much of it will remain the same, but they will have to address parking and the use of the second floor of the building. Mr. Jack O'Leary of Sitec addressed the Board. He reviewed the adjustments they have made to the parking. The front of the building is parking and the rear is landscaping. They have also added stormwater and water quality improvements. The proposed work is outside of the buffer zone. The septic has already been approved for the increased capacity. They are going to propose additional landscaping in the rear. The closest residential dwelling unit in the rear is 223 feet. The new landscaping will have evergreen trees and thick screening. They do not have that plan with them, but will provide it. They will also be updating the parking study to include the impact of the residential units to the area. Member Lacy asked about the height of the two highest parts of the proposed structure. Mr. Jamie Kelliher of Axiom Architects addressed the Board. He explained that those two taller parts of the structure are design elements only and would not have any human habitation. He does not have the heights with him but will provide figures to confirm they are below the allowed 35' feet. Mr. Kelliher then reviewed the plans for the apartments. The entrance to them would be in the front. Mr. Lacy asked what assurances they have that the apartments would remain affordable. Attorney De Lisi stated that it would go to a deed restriction and that the Town has committed to hiring an Affordable Housing Consultant to ensure that the process is done properly. Attorney Richard Hucksam of Town Counsel's office added that the Department of Housing and Community Development would have to approve the project and the project would need to meet their regulations and guidelines. Mr. McMorris asked Attorney De Lisi what relief the applicant needed from the Board. Attorney De Lisi said the only burden they had to meet is under §12.4 and he also believes they will need relief under the Watershed Protection District,but he still needs to confirm that. The parking has been addressed and they have enough parking. Page 2 of 5 APPROVED MINUTES Chairman Chittick asked if anyone in the audience wished to speak. Mr. Sherwin Goodblatt of 98 Chittenden Lane stated that to turn right out of Sohier Street has become more difficult and to turn left is impossible. How can the applicant address this? Chairman of the Planning Board, Clark Brewer addressed this issue as well. He stated that in 2014, the Planning Board received a grant to get a corridor study done of 3A. MassDOT is working on the drawing and they oversee 3A. Mr. Jack Reardon of 31 Chittenden Lane is interested in more landscaping and would like to know how far back they plan go. Attorney De Lisi stated the last plan is from 2010 and they would be updating that. Ms. Ellen Hoadley of 51 Chittenden Lane asked for more screening to help with headlights at night with the addition of the residential units, headlights will be an issue after the stores close. Ms. Sandy Detloff of 91 Chittenden Lane mentioned that all of the tall pole lights are presently on all night. Alicia Babcock of 9 Eldredge Lane expressed concern about a transient population and safety similar to what has happened up in Avalon. Chairman Chittick stated there seemed to be a lot of open questions and documentation needed for the Board. He would suggest the applicants meet with the neighbors. Also, any additional submissions should be filed within 7 days of the next hearing. MOTION BY CHAIRMAN CHITTICK: TO CONTINUE THE HEARING SECONDED: MEMBER McMORRIS VOTE: 6-0 MOTION CARRIES SPECIAL PERMIT—Filed by Cavanaro Consulting, on behalf of their client, DJM Partners, LLC. Special Permit H448.7.2, 9.7.6, 9.7.7 and 9.7.8 and any further relief as the Board deems appropriate. Applicant seeks to construct a new garage/cabana in the Flood Plain at 60 Summer Street. File#17.10.11. In attendance for the hearing: John Cavanaro of Cavanaro Consulting Documents used for the hearing: ZBA Application and supporting documents. Site plan prepared by Cavanaro Consulting, dated 10/10/17 and date stamped 10/1 l/17, Progress Set of plans prepared by bf architects, dated 9/21/17 and date stamped 10/10/17 and two letter of support from neighbors Shelly and Joe Mahoney of 63 Summer Street, dated 10/7/17 and Laurie Stanton of 69 Summer Street. Chairman Chittick opened the hearing. Mr. Cavanaro addressed the Board and reviewed the site plan for the Board. They are seeking relief under four sections of the Bylaw. They are doing work in the Flood Plain and in the front yard setback. The house itself is not flood compliant, but it is mostly outside of the Flood Plain. There is a paved driveway with a shed. They have already been before the Conservation Commission and received an order of conditions. This project does not trigger a Stormwater Permit as they are removing a great deal of pavement in order to maintain their lot coverage of 30%. They are proposing to put a structure in the middle of the lot. It is a one car garage and a cabana for the proposed pool. Under §8, they are proposing a dormer for the existing house that would increase the fagade within the front setback by 133 square feet,but they are not getting any closer to the lot line. The new detached structure will not be impeding any drainage and it will be flood compliant. The land is not tidal. They have also provided two letters of support from their neighbors the Stantons at 69 Summer Street and the Mahoneys at 63 Summer Street. MOTION BY MEMBER LACY :TO CONTINUE THE HEARING SECONDED: VICE-CHAIRMAN GOEDECKE VOTE: 6-0 MOTION CARRIES Page 3 of 5 APPROVED MINUTES SPECIAL PERMIT—Filed by Attorney Richard Henderson, on behalf of his client,the Sandy Beach Association. Special Permit per 08.7 and 9.11 and any further relief as the Board deems appropriate. Applicant seeks to renovate the Bath House at 353 Atlantic Avenue (Sandy Beach). File#17.10.16. Present for the hearing: Attorney Richard Henderson. Documents used for the hearing: ZBA Application, Site Plan prepared by Cavanaro Consulting dated 9/25/17 and date stamped 10/16/17,Plan set prepared by Can Tiryaki of Tiryaki Architectural Designs dated 10/4/17 and date stamped 10/4/17 and floor plans and elevation set prepared by Tiryaki Architectural Designs submitted at the hearing on 11/7/17. On file with the ZBA. Chairman Chittick asked Vice-Chairman Goedecke to Chair this hearing. Chairman Chittick recused himself and moved to a seat in the audience. Attorney Richard Henderson addressed the Board. He is here this evening with Dr. Robin Lawrence,President of the Sandy Beach Association. Attorney Henderson reviewed the history of the building. Mr. Can Tiryaki of Tiryaki Designs reviewed the proposed plans for the building. The concrete wall will be covered with wood and there will be new windows, doors and a roof. The building will be handicapped accessible. There will be a room for which its use will be determined in the future. There will be a new garage door with decorative barn doors, with a second level for storage. The building is long,and so to break it up there will be a gabled roof so that it does not look like a bunker. Due to neighbor input,they are removing the cupola. The mid-point for the proposed roof is 15'. Attorney Henderson stated they are not making the building more flood compliant. Chairman Goedecke asked if anyone in the audience wished to speak. Mr. Kenneth Paull of 135 Nichols Road asked if they would be adding storm shutters. Attorney Henderson stated that currently the building does not have them,but they may discuss hurricane impact graded windows. Mr. Douglas McNary of 355 Atlantic Avenue thanked the Association for working with the neighbors and they are fully in support of the plan being proposed with the modifications that have been made. MOTION BY MEMBER HIGGINSON: TO CONTINUE THE HEARING SECONDED: MEMBER LACY VOTE: 6-0 MOTION CARRIES DELIBERATIONS 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. There was a lengthy discussion regarding the conditions including screening,the hours for functions and drainage etc. Mr. McMorris suggested a trash provision be added to the conditions and they also need thicker screening. Mr. McMorris also doesn't think they need to have a dumpster. After further discussion,the Board agreed edits to the conditions needed to be made and additional deliberation should occur at the Board's December hearing. MOTION BY VICE-CHAIRMAN GOEDECKE: TO CONTINUE THE DELIBERATION SECONDED: ASSOCIATE MEMBER LACY VOTE: 6-0 MOTION CARRIES Page 4 of 5 APPROVED MINUTES Chairman Chittick moved to adjourn the meeting. Mr. Goedecke seconded the motion and the vote was unanimous. Meeting adjourned at 10:30PM. Respectfully, Jennifer Brennan Oram Assistant Clerk,Zoning Board of Appeals Page 5 of 5