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HomeMy WebLinkAboutMinutes - ZBoA - 03/05/2019 APPROVED MINUTES COHASSET ZONING BOARD OF APPEALS DATE: Tuesday,March 5,2019 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) Lee Darst,Associate Member(LD) David McMorris,Associate Member(DM) Matthew Watkins,Associate Member(MW) Board Members Absent: Charles Higginson(CH) 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 meetings of the Cohasset Zoning Board of Appeals as April 2, 2019 and May 7,2019. Sandy Beach Discussion—Chairman Chittick opened this discussion. Some neighbors of Sandy Beach have expressed concern regarding the association serving food from the Bath House. Chairman Chittick stated that the decision that was made in 2018 regarding the Bath House was dimensional in nature. Sandy Beach Association Member,Annette Sawchuk, addressed the Board. She said they plan on serving cold foods, flat breads and they will not be using any grills or fryolators. The Association will pay for 7 day a week trash pick-up. The hours they plan to serve the food are between L OAM—6PM. Chairman Chittick asked if anyone in the audience wished to speak. There was no one present. Attorney Richard Henderson would like to look into the rights the Sandy Beach Association has and look at other similar entities and Town. The Board agreed to continue this discussion at the April 2,2019 meeting. CONTINUED HEARINGS SPECIAL PERMIT—Filed by Attorney Richard Henderson on behalf of his client,827 CJCH,LLC. Special Permit pursuant to 000.4.1 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: ➢ Amended Site Plan prepared by Morse Engineering Co. with a Revision Date of 1.15.19. There was no further discussion on this hearing.Attorney Henderson requested the hearing be closed. MOTION BY VICE CHAIRMAN GOEDECKE: MOVED TO CLOSE THE HEARING SECONDED: ASSOCIATION MEMBER DARST VOTE: 3-0 MOTION CARRIES (WC,PG and LD) Page 1 of 5 APPROVED MINUTES SPECIAL PERMIT—Filed by Cavanaro Consulting on behalf of their client, 22 Gammons Realty Trust. Special Permit pursuant to 0200.8.7.2 and any relief the Board deems appropriate. Applicants seek to raze the existing dwelling and replace it with a new dwelling. They also seek to reconstruct the boat house and locate the AC and the generator in the setback at 22 Gammons Road. File#19.01.06. In attendance to represent this agenda item: Attorney Richard Henderson There was no further submissions and no further comment on this hearing. MOTION BY VICE-CHAIRMAN GOEDECKE: TO CLOSE THE HEARING SECONDED: ASSOCIATION MEMBER DARST VOTE: 3-0 MOTION CARRIES (WC,PG and LD) NEW HEARINGS VARIANCE—Filed by Attorney Richard Henderson,on behalf of his clients, Wayne and Shondra Schmidt. Variance from the required minimum lot width at every point between the frontage street and the nearest point of a building. Variance pursuant§300-5.2.4b and any relief the Board deems appropriate on Howe Road Assessor's May Page Plot #001; 038; 002. File#19.01.25. In attendance to represent this agenda item: Attorney Richard Henderson Documents used for this hearing: ➢ ZBA Application,date stamped January 25,2019 ➢ Feasibility Site Plan,Howe Road Lots,prepared by Cavanaro Consulting, dated 6.7.18 ➢ Site Plan to Accompany ZBA Application, Howe Road Lots,prepared by Cavanaro Consulting, dated 2.10.19 Attorney Henderson addressed the Board. The lot in question is 5.9 acres and is a registered parcel of land. The only deficiency is the lot width where the lot is accessed. It's less than 50'. They are asking for only one house lot. Where they are proposing to build has a lot width of over 125'. He added that none of the abutters homes are within 500'of the entire parcel. The proposed house would be built about 1 acre into the parcel and would of course comply with all of the zoning requirements(except lot width at the entrance of the lot). Attorney Henderson stated that the large lot had been created in the 1980s and current owners purchased it long after it was created. Associate Member David McMorris asked when the lots had been laid out. Attorney Henderson was not certain. Chairman Chittick said the lot is still not legal. Attorney Henderson reiterated that it was only deficient by 5' on lot the lot width. Mr. McMorris asked if the owners had approached any of the neighbors to negotiate purchasing the needed 5'. Attorney Henderson stated Variances are created for lots this,with its unique shape and the deficiency, a Variance is made for this. Mr. McMorris stated once again that he was confused about when the lot(s)were created and specifically,when was the 45' neck of the lot created? After some discussion,Attorney Henderson stated that the lots were created when they were merged in 1980 and 1983. Chairman Chittick said that then the lot was created after the Bylaws were adopted. There was then discussion about the tests to receive a Variance; members of the Board expressed concern about setting a precedent with the granting of a Variance. Attorney Henderson said the Board should read case law regarding the State Statute and the granting of Variances and that the Board's concern about municipal precedence is unfounded. The Board asked if anyone in the audience wished to speak. Meaghan Barry of 11 Tadd Lane said that many lots in the area are shaped like the Howe Road one and she did not find it unique. She is opposed to the application and is concerned about her septic system with the wetlands issue in the area. Attorney Henderson said the applicant would have to file for a Stormwater Permit. Amy Alberti of 724C Jerusalem Road is concerned about the wetlands in the area. Mr. Chung Wong of 726 Jerusalem Road expressed concern about his oil delivery being that they use the back roads. Attorney Henderson said they would look to see if there is an easement. After no further questions: MOTION BY CHAIRMAN CHITTICK: TO CONTINUE THE HEARING SECONDED: ASSOCIATE MEMBER McMORRIS VOTE: 3-0 MOTION CARRIES (WC,PG and DM) Page 2 of 5 APPROVED MINUTES SPECIAL PERMIT -Filed by Cavanaro Consulting on behalf of their clients,Paul Verrochi, 130 Gammons Road Nominee Trust. Special Permit pursuant §300-4.2 and §300-9.7.5 for a Residential Dock or any relief the Board deems appropriate at 130 Gammons Road. File#19.02.06. In attendance to represent this agenda item: John Cavanaro of Cavanaro Consulting Documents used for this hearing: ➢ ZBA Dock Application date stamped February 6,2019 ➢ Proposed Site Plan prepared by Cavanaro Consulting, dated February 6, 2019 John Cavanaro addressed the Board and reviewed the plans on behalf of his client, Paul Verrochi/130 Gammons Road. The area is also referred to as Rice Island and is an existing,developed lot with a single-family home surrounded by water. There is a beach,there is a bit of a salt marsh with some access to water,but there is no way to access a vessel from the area. The best location for the proposed dock would be"snuggled"on the Northeast side of the"island". The permit they would be filing for is a l0A permit that is granted through the Harbormaster. The plan is to build a small platform,with a ramp and a small float that would come out seasonally. Vice-Chairman Goedecke stated this proposed dock may be the shortest they have seen. Mr. Cavanaro added that there would be no permanent dock and no pylons. They have gone before the Conservation Commission and the Commission asked for the platform to be removable,which could prove to be a challenge,but they will have to see how that hearing unfolds. In regard to §300-9.7.5,they are not proposing anything below mean high water,they are not dealing with a coastal bank or marsh. They are not creating any drainage issues,not interrupting any flood waters and not impacting any abutters. There was no one in the audience that wished to speak. MOTION BY VICE-CHAIRMAN GOEDECKE: TO CONTINUE THE HEARING SECONDED: ASSOCIATE MEMBER McMORRIS VOTE: 3-0 MOTION CARRIES (WC,PG and DM) SPECIAL PERMIT—Filed by Barry Bennett and Janet Murphy. Special Permit pursuant§300-8.7.2 and any relief the Board deems appropriate. Applicants seek to construct an addition within the setback at 290 Beechwood Street. File #19.02.11A. In attendance to represent this agenda item: Dick Rockwood of Rockwood Design,Inc.,Barry Bennett and Janet Murphy. Documents used for this hearing: ➢ ZBA Application date stamped February 11,2019 ➢ Architectural Drawings prepared by Rockwood Design,Inc. dated 2/2/2019 ➢ Site Plan prepared by Cavanaro Consulting, date stamped February 11,2019 Architectural Designer,Dick Rockwood, addressed the Board on behalf of the landowners,Barry Bennett and Janet Murphy. They are proposing to build a second story addition on an already existing structure; extending an already existing nonconformity within the setback. They are presently 7.5 from the setback(15' required) and will not build any closer to the lot line than what is there presently. They would like to also dormer the area and finish it off. They are 325 feet from the nearest dwelling on that side. The Board asked that the applicants check the coverage calculations with Cavanaro Consulting as they seem to be over the allowed coverage. The applicants agreed to update the application prior to the next hearing. Abutter Wayne Sawchuk lives at 198 Beechwood Street and has reviewed the plans and has no issues with the proposed addition. MOTION BY VICE-CHAIRMAN GOEDECKE: TO CONTINUE THE HEARING SECONDED: ASSOCIATE MEMBER McMORRIS VOTE: 3-0 MOTION CARRIES (WC,PG and DM) Page 3 of 5 APPROVED MINUTES SPECIAL PERMIT—Filed by Chris McKenna on behalf of landowner,Reed Schiess. Special Permit per sections §300- 8.7.2 & §300.9 and any other relief the Board deems appropriate. The applicant seeks to raze and rebuild the existing house and garage at 52 Summer Street. File#19.02.11B. In attendance to represent this agenda item: Builder Chris McKenna and Architect,Kent Harrington of 209 Designs& Landowner,Reed Schiess Documents used for this hearing: ➢ ZBA Application date stamped February 11,2019 ➢ Site Plan prepared by Hoyt Land Surveying, dated December 20,2018 ➢ Set of Architectural Drawings prepared by 209 Designs, date stamped February 11, 2019 ➢ Memo reviewing neighborhood statistics(lot size SF, dwelling footprint, coverage etc. )0- Letter of support from the Merrills at 50 Summer Street ➢ Memo of supporting calculations showing reductions from the previous applications Chairman Chittick opened the hearing and reviewed the process by which the applicant is back before the Board with a new application. Architect,Kent Harrington,handed out a packet to the Board. He reviewed it for the Board, describing the plans for the proposed structure and garage. He reviewed each dimension of the project, comparing what is there now and what they are now proposing. The existing dwelling is approximately 2,272 square feet; they are increasing it to 2,431 square feet. He then reviewed the neighboring houses on Summer Street. Chairman Chittick stated that he is basically saying that the proposed is fairly average for the neighborhood. Mr. Harrington then reviewed the garage. It would be flood compliant and the second floor will only be used for storage. Mr. Harrington then submitted a letter of support from the neighbors at 50 Summer Street. Mr. McMorris said that the decrease in the front is a positive change and that the house is sized in a manner that is harmonious with the rest of the neighborhood. Vice-Chairman Goedecke said he thinks the ratios on the garage are high, but low on the whole, and far back on the site. He does think there is still a lot of increased massing within the setback. Mr. Harrington stated that they had to go higher due to the Flood Plain. Member Watkins recognizes the improvements in the plan and also recognizes the applicant's efforts to make the presented changes to the plans. Chairman Chittick asked if anyone in the audience wished to speak. Jacqueline Dormitzer of I I I Atlantic Avenue and a member of the Historical Commission asked the Board and the applicants if anyone was familiar with the history of the house. They did not. She stated that it is the Captain Joseph Innes House and was eligible for the National Register; though never applied for. She thinks it's a shame to tear it down. The Board and the landowner,Mr. Schiess,thanked Mrs. Dormitzer for alerting them of the history. MOTION BY CHAIRMAN CHITTICK: TO CONTINUE THE HEARING SECONDED: VICE-CHAIRMAN GOEDECKE VOTE: 3-0 MOTION CARRIES (WC,PG and DM) DELIBERATIONS SPECIAL PERMIT—Filed by Attorney Richard Henderson on behalf of his client,827 CJCH,LLC. Special Permit pursuant to 000.4.1 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. MOTION BY VICE-CHAIRMAN GOEDECKE: TO APPROVE THE DECISION AND GRANT THE RELIEF SOUGHT SECONDED: MEMBER HIGGINSON VOTE: 3-0 MOTION CARRIES (WG,PG and DM) Page 4 of 5 APPROVED MINUTES SPECIAL PERMIT—Filed by Cavanaro Consulting on behalf of their client, 22 Gammons Realty Trust. Special Permit pursuant to 000.8.7.2 and any relief the Board deems appropriate. Applicants seek to raze the existing dwelling and replace it with a new dwelling. They also seek to reconstruct the boat house and locate the AC and the generator in the setback at 22 Gammons Road. File#19.01.06. MOTION BY VICE CHAIRMAN GOEDECKE: TO APPROVE THE DECISION AND GRANT THE RELIEF SOUGHT SECONDED: MEMBER HIGGINSON VOTE: 3-0 MOTION CARRIES (WC,PG and LD) APPROVAL OF MINUTES MOTION BY CHAIRMAN CHITTICK TO APPROVE THE MINUTES OF 2.5.19 AS AMENDED SECONDED: VICE-CHAIRMAN GOEDECKE VOTE: 3-0 MOTION CARRIES (WC,PG and DM) MOTION BY CHAIRMAN CHITTICK TO ADJOURN THE MEETING AT 10:30PM SECONDED: ASSOCIATE MEMBER DARST VOTE: 3-0 MOTION CARRIES (WC,PG and DM) Page 5 of 5