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HomeMy WebLinkAboutMinutes - ZBoA - 01/08/2019 APPROVED MINUTES COHASSET ZONING BOARD OF APPEALS DATE: Tuesday,January 8,2019 TIME: 7:30 PM PLACE: COHASSET TOWN HALL 41 HIGHLAND AVENUE COHASSET,MA. 02025 Board Members Present: S.Woodworth Chittick, Chairman(WC) Peter Goedecke,Vice Chairman (PG) Charles Higginson(CH) David McMorris,Associate Member(DM) Matthew Watkins,Associate Member(MW) Lee Darst,Associate Member(LD) 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 members that were present. BOARD BUSINESS The Board confirmed the next meeting of the Cohasset Zoning Board of Appeals as February 5, 2019. They will have to discuss March 5 h as they may need to move the meeting date to get a quorum. NEW HEARINGS SPECIAL PERMIT—Filed by Cavanaro Consulting,on behalf of their clients,Erik&Meaghan Berge. Special Permit per sections 0300-9.7.8 and any relief as the Board deems appropriate. Applicants seek to raze the existing detached garage and replace it with an attached garage,with grading in the Flood Plain at 66 Margin Street. File#18.12.06. In attendance to represent this agenda item: John Cavanaro of Cavanaro Consulting and Can Tiryaki of Tiryaki Architectural Designs Documents used for this hearing: ➢ ZBA Application ➢ Site Plan prepared by Cavanaro Consulting, dated 12/6/18 ➢ Architectural Plans dated December 4,2018 and date stamped 12/6/18 ➢ Letter of support from Abigail Alves of 52 Stockbridge Street—dates stamped 1/8/19 ➢ Memo from Cavanaro Consulting regarding the relief sought—dated 12/6/18 Chairman Chittick opened the hearing. He will recuse himself from this hearing and Vice-Chairman Goedecke will chair it. Mr. Cavanaro addressed the Board and reviewed the property. This property received a Special Permit from the Board in 2011 for renovations. Nothing else on the property has changed. There is marsh land behind them and a culvert cuts through their property. The property is partially in Zone A of the Flood Plain; this impacts the back corner of the house. The existing first floor of the house is above the Flood Plain. The existing garage is not flood compliant is non- conforming as it sits 4.3 feet off of the side setback. They will be curing that non-conformity when attaching the proposed garage to the house. The proposed garage will also be flood compliant, sitting on a slab, and will be one story. It will not need flood vents because it will be above the flood plain. Page 1 of 3 APPROVED MINUTES The other issues they want to address are getting in and out of the driveway and adding some guest parking. To be able to add the additional parking,they will need to grade the area and build a retaining all. The net change in the fill within the Flood Plain is about 30 cubic feet. Mr. Cavanaro submitted to the Board a memo that addresses §300.9.7.8. A minor change in grading requires the applicant to show they meet the tests of§9.7.8 A-E; Mr. Cavanaro read his memo aloud for the Board. They have met with the direct abutters and submitted a letter of support from Abigail Alves of 52 Stockbridge Street. Chairman Goedecke asked if there was anyone present in the audience that wished to speak; there was no one present. MOTION BY CHAIRMAN GOEDECKE: CONTINUE THE HEARING SECONDED: MEMBER WATKINS VOTE 3-0 MOTION CARRIES (PG,CH and MW) SPECIAL PERMIT—Filed by Attorney Richard Henderson on behalf of his client,827 CJCH,LLC. Special Permit pursuant to &300.4.1 and any relief the Board deems appropriate.Applicants seek approval to operate an auto body repair shop within the existing buildings on the subiect property at 827 Chief Justice Cushing Highway. Land owners George and Zeina Metri.File#18.12.14. In attendance to represent this agenda item: Attorney Richard Henderson Documents used for this hearing: ➢ ZBA Application ➢ Signature Page of ZBA Application signed by George and Zeina Metri (landowners) ➢ Site Plan prepared by Morse Engineering Co. dated 11/30/2018 ➢ Septic Tight Tank Memo filed with the Cohasset Board of Health on May 4, 2007 ➢ Title 5 Approval of Tight Tank Request dated May 8, 2007 ➢ ZBA decisions for Cohasset Collision Center, Inc. Case No. 98.08.17 & Case No. 99.11.15 Chairman Chittick opened the hearing. Attorney Henderson addressed the Board explaining that he represents the applicant, 827 CJCH,LLC. They have a contract to purchase 827 CJCH subject to permit approvals. They are seeking a use permit from the Board. Attorney Henderson reviewed the lot size and frontage for the Board. There are two separate buildings on the lot. One building houses Lapels and a used car dealer. The other building is the building subject to this application. The building is currently leased by Reebok and has about a year left on that lease. Years ago,the site was a Ferrari dealer. The applicants wish to open an Auto Body shop in this building. They need a Special Permit to run such a shop in the Industrial Light district. The lot is served by a Tight Tank as required for all Auto Body Shops. The applicant runs a shop across the street and uses Clean Harbors for their Tight Tank;they will continue to do so if they move to this site. Whatever signs are used for the business currently on 827 CJCH will be what they use for the proposed business. Attorney Henderson then reviewed the parking on the site plan. There are 15 spots, 12 which are currently lined. There will be three bays in the building with enough storage to put cars inside the building and out back of the building. Member McMorris said the biggest concern would be where all of the cars would be stored. Member Watkins asked how much volume the business has. Owner,Robert Ross, said he has limited staff that can do the work, so they usually are working on between 8-10 cars at a time. Chairman Chittick asked if he would open to reasonable restrictions on parking in the decision. Mr. Ross stated that he would be and currently deals with restrictions where he is, so that would not be an issue. The Board would like a more detailed plan that outlines the parking more clearly. There was no one in the audience that wished to speak. MOTION BY CHAIRMAN CHITICK: MOVED TO CONTINUE THE HEARING SECONDED: MEMBER WATKINS VOTE: 3-0 MOTION CARRIES (WC,PG and CH) Page 2 of 3 APPROVED MINUTES Repetitive Petition Vote—Per section 4.7 of the Cohasset Zoning Board of Appeals Rules of Procedure and Section 16 of the Zoning Act. Review and determine if the proposed changes are specific or material from what the Board denied in its decision dated 12.7.18 for 52 Summer Street. File#18.09.04,was denied by the ZBA at its meeting on 12.4.18 and filed with Town Clerk on 12.7.18 Assistant Clerk,Jennifer Oram,reviewed the process before the Board. The Board need only determine if the new proposal is different enough to be heard again,instead of waiting the required two years. If the Board agrees that the changes are specific or material enough to warrant a new hearing,the Planning Board then needs to affirm the ZBA's vote. Mr. Kent Harrington,the Architect on the project,reviewed the changes and the calculations for the Board. After a lengthy discussion regarding the calculations in regard to both the proposed structure and the Flood Plain: MOTION BY CHAIRMAN CHITTICK: MOVE TO RECOMMEND THAT THE PLANNING BOARD AFFIRM THE BOARDS VOTE THAT THE PROPOSED CHANGES TO THE APPLICATION ARE MATERIAL AND SPECIFICALLY DIFFERENT ENOUGH TO ALLOW FOR A NEW APPLICATION SECONDED: VICE-CHAIRMAN GOEDECKE VOTE: 3-0 MOTION CARRIES (WC,PG and CH) MOTION BY CHAIRMAN CHITTICK: TO ADJOURN THE MEETING AT 9:30 PM SECONDED: MEMBER McMORRIS VOTE: 3-0 MOTION CARRIES (WC, PG and DM) Page 3 of 3