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HomeMy WebLinkAboutMinutes - ZBoA - 05/08/2018 APPROVED MINUTES COHASSET ZONING BOARD OF APPEALS DATE: Tuesday,May 8,2018 TIME: 7:30 PM PLACE: COHASSET TOWN HALL 41 HIGHLAND AVENUE,COHASSET,MA 02025 Board Members Present: S. Woodworth Chittick, Chairman(WC) Charles Higginson, Member(CH) Benjamin Lacy,Associate Member(BL) David McMorris,Associate Member(DM) Matthew Watkins,Associate Member(MW) Member Absent: Peter Goedecke,Vice Chairman (PG) Assistant Clerk Present: Jennifer Oram,Assistant Clerk, ZBA Chairman S. Woodworth Chittick called the meeting to order at 7:30 PM. The Chairman introduced the Board. BOARD BUSINESS The Board confirmed the next meetings of the Cohasset Zoning Board of Appeals as Tuesday,June 5,2018 and Tuesday, July 10,2018. MOTION BY CHAIRMAN CHITTICK: TO APPROVE THE MEETING DATES SECONDED: ASSOCIATE MEMBER WATKINS VOTE: 3-0 MOTION CARRIES (WC,CH and MW) CONTINUED HEARINGS SPECIAL PERMIT— Filed by David E. Lord, Jr. and Jennifer Q. Lord. Special Permit per �8.7 and any further relief as the Board deems appropriate. Applicants seek to rebuild existiniz same at 19 Elm Street. File#18.03.12. In attendance to represent this agenda item: David E. Lord,Jr. and Jennifer Q. Lord Documents used for this hearing: ➢ Elevations,handwritten, submitted April 21,2018 ➢ Plans prepared by Herb Kuendig, date stamped March 23,2018,updated with elevations The Board reviewed the recent submissions. There were no further questions from the Board. There was no one in the audience that wished to speak. After a brief discussion: MOTION BY CHAIRMAN CHITTICK: TO CLOSETHE HEARING SECONDED: MEMBER HIGGINSON VOTE: 3-0 MOTION CARRIES (WC,CH and MW) The Board then reviewed the draft decision written by Associate Member, Benjamin Lacy. After a review, the Board suggested a few minor edits and recommended approval of the decision as amended. MOTION BY MEMBER HIGGINSON: TO GRANT THE SPECIAL PERMIT SECONDED: ASSOCIATE MEMBER LACY VOTE: 3-0 MOTION CARRIES (WC,CH and BL) Page 1 of 4 APPROVED MINUTES NEW HEARING SPECIAL PERMIT—Filed by Paul Mirabito of Ross Engineering, on behalf of landowners, Marvell Homes, LLC. Special Permit per sections 48.7 49.6 and any relief the Board deems appropriate. Applicants, seeks to raze and reconstruct the dwelling at 23 Border Street. File#18.04.03. In attendance to represent this agenda item: Paul Mirabito of Ross Engineering and landowner, Paul Sheerin. Documents used for this hearing: ➢ Application dated April 3,2018 ➢ Site Plan prepared by Marvell Homes, LLC dated March 20, 2018,date stamped April 3,2018 ➢ Architectural Elevation Plans prepared by Aprea Design, dated April 2,2018 ➢ Enlarged Site Plan with yellow highlights showing the non-conformities being removed with the new proposed new structure, date stamped May 8,2018 Mr. Paul Mirabito reviewed the site for the Board. The lot is non-conforming in lot size and width, as well as the front, and both side setbacks. It's also over the allowed amount of building coverage. It's conforming in frontage,rear setback and building height. They plan on razing the existing structure and replacing it with a structure with a smaller footprint which will make the side setbacks slightly more conforming. There is a courtyard in the middle of the existing structure, but they that area will be"filled"with the proposed structure. The proposed structure would be 39.4 feet at the peak elevation. Mr. McMorris reviewed how the ZBA measures height at the midpoint at the highest roof from the average grade. Using that process,Mr. Mirabito stated that the proposed height would be less than 29 feet. Mr. Mirabito then reviewed the water run off of the property via the swell lines. They are also replacing the existing patio in the back with pervious pavers,which will be an improvement of the drainage for the property. Chairman Chittick pointed out that the drawings submitted of the elevations only show the proposed structure and not the existing structure. The Board requires they see both. In addition,the increase they are proposing within the non- conforming setbacks causes him concern. Mr. McMorris added that with small lots,the Board needs to see what the difference between what is there and what is proposed; this helps to evaluate what is more detrimental to the neighborhood. This is not just the direct neighbors,but the entire neighborhood. Where the setbacks are non-conforming, any increase above what is existing within the setback will have more of an impact than if the setbacks were conforming. Chairman Chittick stated the plans gave him angst;the Board will need the fagade calculations to get an idea of how much they are increasing the setback within the fagade. Chairman Chittick asked if anyone in the audience wished to speak. Ms. Sandy Manzella of 19 Border Street is very concerned about the height. She added that the applicants would have to stand on their property to build the house because they are so close to the property line. They are also concerned about the water flowing off of the property. There was then some discussion regarding the stormwater. Assistant Clerk, Jennifer Oram will look into if they need to file with the Conservation Commission. Property owner,Paul Sheerin addressed the Board. He will go back to the Architect and see what changes they can make. Ms. Marlene Winn of 25 Border Street expressed concern about privacy and air flow. Mr. McMorris stated the Board is concerned about these issues as well. MOTION BY ASSOCIATE MEMBER McMORRIS: TO CONTINUE THE HEARING SECONDED: ASSOCIATE MEMBER LACY VOTE: 3-0 MOTION CARRIES (WC,DM and BL) Page 2 of 4 APPROVED MINUTES CONTINUED HEARING SPECIAL PERMIT—Filed by Attorney Richard Henderson on behalf of his clients, Sarah McHugh and Linda Seekins. Special Permit per 0.7 and V and any further relief as the Board deems appropriate. Applicants seek to raze existing dwelling and garage and reconstruct a single family residence and garage at 52 Summer Street. File#18.03.07. In attendance to represent this agenda item: Attorney Richard Henderson Documents used for this hearing: ➢ Elevation Calculations Packet dated April 5,2018 Attorney Richard Henderson addressed the Board and reviewed where the application stands presently. The application has been through Conservation and received a Notice of Intent. They have provided the Board with a packet of specific calculations the Board had requested. There had also been discussion of submitting new plans,but they did not submit those. Member Watkins stated that the Board had expressed concern regarding the massing and upon review of the submitted calculations,they do show significant increases within the side setbacks. There was then some discussion regarding the proposed changes to the existing garage. Chairman Chittick stated that the Board had not yet deliberated regarding the proposed height of the structure. He asked if Attorney Henderson would consider requesting to withdraw the application without prejudice. Attorney Henderson did not think this was an option. He added that the applicants have support of both of the neighbors and what they are proposing is an improvement to the neighborhood. They also have no choice of what they can do because of the Flood Zone. There was further discussion regarding the proposed height. Chairman Chittick referred to the calculations provided by the applicant which show a 126 % increase in the left elevation, 161%on in the right elevation and an approximate 22%increase in height. Chairman Chittick remains concerned that when you are doubling the massing, it does become detrimental to the neighborhood. Attorney Henderson made note that the two direct abutters wrote letters of support. Mr. McMorris said the Board has to look at the impact on the entire neighborhood. This particular project is an improvement to the lot,but at some point it has to be determined if it is too much. Attorney Henderson's client,the potential homeowner, Mr. George, explained to the Board that they have to build a bigger house to make it worth the purchase price. Chairman Chittick stated he understands that,but that issue is not under the Board's purview. MOTION BY CHAIRMAN CHIITTICK: MOVED TO CLOSE THE HEARING SECONDED: ASSOCIATE MEMBER McMORRIS VOTE: 3-0 MOTION CARRIES (WC,DM and BL) DELIBERATION SPECIAL PERMIT—Filed by Attorney Richard Henderson on behalf of his clients, Sarah McHugh and Linda Seekins. Special Permit per 0.7 and 0 and any further relief as the Board deems appropriate. Applicants seek to raze existing dwelling and garage and reconstruct a single family residence and garage at 52 Summer Street. File#18.03.07. The Board discussed the application. Associate member McMorris stated that someone is going to have to raze and rebuild this house,but no one is going to do it if the money does not make sense. Associate Member Watkins looked at the lots on the street to compare. The calculations provided regarding the increase in massing were alarming. One of the biggest numbers was the proposed height of 43 feet. That is a substantial increase in height for such a small lot. The Board discussed the proposed house, saying that the applicants are trying to get as much house on the lot as they can. Mr. McMorris stated that something has to be done with the house that is there,but with the lot size, it should be the smallest, practical house on the lot. Chairman Chittick stated that when houses double, it's too much. Page 3 of 4 APPROVED MINUTES Attorney Henderson asked the Board to not vote or render an opinion. He asked if he could request to withdraw the application without prejudice. MOTION BY CHAIRMAN CHITTICK: MOVED TO APPROVE THE APPLICATION BE WITHDRAWN WITHOUT PREJUCIDE SECONDED: ASSOCIATE MEMBER McMORRIS VOTE: 3-0 MOTION CARRIES (WC,DM and BL) Chairman Chittick moved to adjourn the meeting. Mr.McMorris seconded the motion and the vote was unanimous. Meeting adjourned at 9:OOPM. Respectfully, Jennifer Brennan Oram Assistant Clerk,Zoning Board of Appeals Page 4 of 4