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Home My WebLink AboutMinutes - ZBoA - 12/05/2017 APPROVED MINUTES COHASSET ZONING BOARD OF APPEALS DATE: Tuesday,December 5,2017 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,Member(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 meetings of the Cohasset Zoning Board of Appeals as Tuesday,January 9,2018 and February 6, 2018; some members may not be present. A schedule of the meeting dates and submission deadlines will be posted on the ZBA Office page on the Town's website. CONTINUED 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 #17.10.03. Documents for this hearing: Extension Request Letter dated November 22, 2017. The applicant requested this hearing be continued to the Board's next meeting date of January 9, 2018. MOTION BY CHAIRMAN CHITTICK: TO CONTINUE THE HEARING SECONDED: VICE-CHAIRMAN GOEDECKE VOTE: 3-0 MOTION CARRIES (WC,PG and CH) SPECIAL PERMIT—Filed by Cavanaro Consulting, on behalf of their client, DJM Partners, LLC. Special Permit 44448.7.2, 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. Documents used for the hearing: No Additional Documents were submitted. Chairman Chittick asked if the Board had any additional questions. They did not. No additional documents have been submitted regarding this application. MOTION BY CHAIRMAN CHITTICK: TO CLOSE THE HEARING SECONDED: VICE-CHAIRMAN GOEDECKE VOTE: 3-0 MOTION CARRIES (WC,PG and CH) Page 1 of 4 APPROVED MINUTES SPECIAL PERMIT—Filed by Attorney Richard Henderson, on behalf of his client, the Sandy Beach Association. Special Permit per "8.7 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. Chairman Chittick asked Vice-Chairman Goedecke to Chair this hearing. Chairman Chittick is recused from this hearing. The Board determined that a draft decision had not been assigned for this hearing and they would therefore need to continue the hearing to deliberate on a decision in January. MOTION BY ASSOCIATE MEMBER LACY: TO CONTINUE THE HEARING SECONDED: ASSOCIATE MEMBER McMORRIS VOTE: 3-0 MOTION CARRIES (PG, CH and BL) DELIBERATONS SPECIAL PERMIT—Filed by Cavanaro Consulting, on behalf of their client,DJM Partners, LLC. Special Permit ""8.7.2, 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. The draft decision was drafted by Associate Member Matthew Watkins. The Board reviewed the draft and deliberated the findings. After some discussion: MOTION BY CHAIRMAN CHITTICK: MOVED TO GRANT THE SPECIAL PERMIT SECONDED: VICE-CHAIRMAN GOEDECKE VOTE: 3-0 MOTION CARRIES (WC,PG and CH) 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#17.08.14. This is a continued deliberation. The Board deliberated further the conditions and made edits on the draft decision. After some discussion: MOTION BY VICE-CHAIRMAN GOEDECKE: TO GRANT THESPECIAL PERMIT WITH CONDITIONS SECONDED: ASSOCIATE MEMBER McMORRIS VOTE: 3-0 MOTION CARRIES (WC,PG and CH) NEW HEARINGS SPECIAL PERMIT—Filed by James Kelliher of Axiom Architects, on behalf of his client, Ryan L. Staszko. Special Permit per 0.7 and any further relief as the Board deems appropriate. Seeks to construct an addition at 488 Jerusalem Road. File#17.11.07. In attendance to represent this agenda item: Steve Noonan of Axiom Architects and landowner,Ryan L. Staszko. Page 2 of 4 APPROVED MINUTES Documents used for this hearing: ZBA Application and supporting documents,Architectural Plans prepared by Axiom Architects and Site Plan prepared by Merrill Engineers and Land Surveyors,dated November 8,2017. Chairman Chittick opened the hearing. Architect, Steve Noonan, addressed the Board. He stated they are pulling the proposed addition 4' back from the existing non-conforming structure. The green area highlighted on their plan shows the"area of non-conformance". Chairman Chittick stated that per the ZBA application,the proposed needs to be put in red. The house is on a corner lot,which per the bylaw,requires them to measure using two front lot lines. There was then a discussion amongst the Board and Building Commissioner Robert Egan to confirm this requirement. Vice-Chairman Goedecke said that§5.2.2 should be cited for the two front lot lines. The plans were then reviewed. Mr. Goedecke asked the applicants to speak to the point that they are extending a non-conformity and how that is not more detrimental to the neighborhood. Steve stated they are expanding the house in such a way that it will not impact the neighbors. Their views will remain the same. They are expanding in such a way that the new space will be hidden by the existing(structure). The Board asked for the elevations and the volumetrics of the massing on any area that is being increased. Chairman Chittick also pointed out there are errors on the application and asked that those be corrected and submitted to the Board prior to the next hearing. Mr. Goedecke requested the applicant have their engineer add the elevations on all four sides so the height is shown from all of the various grades. Mr. Staszko stated that he had talked to many of his neighbors and they were happy with the proposed plans. Chairman Chittick asked if anyone in the audience wished to speak. There was no one present who wished to do so. MOTION BY CHAIRMAN CHITTICK: MOVED TO CONTINUE THE HEARING SECONDED: ASSOCIATE MEMBER LACY VOTE: 3-0 MOTION CARRIES (WC,PG and CH) SPECIAL PERMIT—Filed by Chris McKenna, on behalf of his client, Flynn Realty Trust. Special Permit per §8.7.2 and any further relief as the Board deems appropriate. Applicant seeks relief for an alteration and enlargement of a pre-existing non conforming residence at 91 North Main Street. File#17.11.08. In attendance to represent this agenda item: Chris McKenna Documents used for this hearing: ZBA Application and supporting documents,Architectural drawings prepared by 209 Design, Site Plan prepared by Morse Engineering,dated November 7, 2017 and a letter from Robert Kasameyer abutter at 103 North Main Street. Chairman Chittick opened the hearing. Mr. McKenna addressed the Board. The existing structure is a ranch. He is proposing to make it a two story colonial by adding a second story and building over the existing garage. The existing house is 1,260 square feet. Mr. McMorris asked what the height of the garage is. Mr. McKenna believes it to be 15' from the ridge to the ground. Chairman Chittick asked why if he is building up that the coverage is increasing. Mr. McKenna was not certain but it could be because of the added overhangs. There was an extensive discussion regarding the coverage. The Board is unable to determine the increased coverage because the plans are not complete. The Board needs existing and proposed conditions,height of the existing and proposed structures, existing and proposed coverage, setbacks and volumetric calculations of the increase in facade(existing and proposed). The application itself is also incomplete and incorrect. Chairman Chittick stated that without a complete application, it is difficult for the Board to review it. He asked that Mr. McKenna submit an updated application and plans a week before the January 9"'meeting. The Chairman then read Mr. Robert Page 3 of 4 APPROVED MINUTES Kasameyer's email of 103 North Main Street's email letter regarding the project. Mr. Kasameyer is concerned about the second story being added to the garage,which is close to his lot line. Chairman Chittick asked if anyone in the audience wished to speak. Mr. Clark Brewer, Chairman of the Planning Board addressed the Board. He stated that the Planning Board reviewed the application and feels that it's a lot of structure on a small lot. The Planning Board recommended the application with the caveat that the applicant not build above the garage. The Planning Board also feels the proposal could be subject to a Large Home Review. MOTION BY CHAIRMAN CHITTICK: MOVED TO CONTINUE THE HEARING SECONDED: ASSOCIATE MEMBER LACY VOTE: 3-0 MOTION CARRIES (WC,PG and CH) BOARD BUSINESS Approval of September 6,2017 Minutes MOTION BY CHAIRMAN CHITTICK: MOVED TO APPROVE AS AMENDED SECONDED: ASSOCIATE MEMBER LACY VOTE: 3-0 MOTION CARRIES (WC,PG and CH) Chairman Chittick moved to adjourn the meeting. Mr.Watkins seconded the motion and the vote was unanimous. Meeting adjourned at 9:45PM. Respectfully, Jennifer Brennan Oram Assistant Clerk,Zoning Board of Appeals Page 4 of 4