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HomeMy WebLinkAboutMinutes - ZBoA - 04/02/2019 APPROVED MINUTES COHASSET ZONING BOARD OF APPEALS DATE: Tuesday,April 2,2019 TIME: 7:30 PM PLACE: COHASSET TOWN HALL 41 HIGHLAND AVENUE COHASSET,MA. 02025 Board Members Present: S. Woodworth Chittick, Chairman(WC) Charles Higginson(CH) Lee Darst,Associate Member(LD) David McMorris,Associate Member(DM) Matthew Watkins,Associate Member(MW) Board Member Absent: Peter Goedecke,Vice Chairman(PG) Assistant Clerk Present: Jennifer Brennan Oram,Assistant Clerk,ZBA Chairman S. Woodworth Chittick called the meeting to order at 7:30 PM. BOARD BUSINESS The Board confirmed the next meetings of the Cohasset Zoning Board of Appeals as May 7,2019 and June 4, 2019. Sandy Beach Discussion—Chairman Chittick opened up this discussion at 7:31PM. He stated this is a discussion only and that nothing is officially before the Board(i.e. a filing). Attorney Richard Henderson addressed the Board on behalf of the Sandy Beach Association. He reviewed his email memo that he sent to neighbors of Sandy Beach on February 28, 2019. It is his belief that the Sandy Beach Association(SBA) can serve food as an ancillary use for a community facility in a residential district. Member Higginson asked who would staff the snack bar, SBA Board Member,Annette Sawchuk, stated it would be staffed by the SBA. Member McMorris asked what kind of food would be served. Mrs. Sawchuk said it would be sandwiches,cold salads,pre-packaged ice cream and snacks. There will be no grilled foods,no commercial ovens and no vent fans. Associate Member Watkins asked about trash pick-up. Mrs. Sawchuk stated that in addition to the Town picking up,the SBA will pay for private trash pick-up seven days a week. Chairman Chittick opened the discussion up to the public and asked that comments be brief and if possible,not repetitive as the Board has a full agenda and there is no application regarding this before the Board. Mrs. Susan Davis of 257 Atlantic Avenue has concerns about the use within the Flood Plain and the SBA is supposed to protect the area. She does not think the Special Permit that the Board approved allows for this use. Mr. McNary of 355 Atlantic Avenue said that he thinks the serving of food at Sandy Beach will encourage non-residents to go to the beach and purchase the food. Denise Bordonaro of 21 Sheldon Road said that she thinks this use would require a Variance and that this use should be prohibited. She thinks the Board should have a full hearing on this matter to determine if this is an accessory use that is allowed. Susan Bruning of 25 Sheldon Road is concerned with the conservation of the beach. Mr. Robert Dorval of 273 Atlantic Avenue is against food being brought in the Bath House. He added that he does not want a business being run out of the Bath House and considers this proposal a detriment to the neighborhood. Maria Kennedy of 120 Atlantic Avenue loves the beach,but it's too noisy, she wishes there were no food trucks,no food service window and less noise; she added that it's bad enough they have to put up with planes flying over. Building Commissioner,Robert Egan, said if they looked back at the decision in 1991, it only applies to the Parking Lot and that decision limited the amounts of vendors allowed at the Beach. The application for the Bath House last year was dimensional, it did not ask the Board to address food service. It came up for discussion during the hearing,but they withdrew that at the time. The people will still bring their own food to the beach. Attorney Henderson stated the beach has never stopped people from eating food at the beach. There many community facilities in Town that have food and even alcohol service. He added that the SBA has a special relationship with the community and are trying to open up the conversation here. Mr. Wayne Sawchuk of 432 Beechwood Street grew up in Town and years ago they sold food at the old bathhouse. He thinks the SBA deserves the right to try having food for a year. Ms. Denise Bordonaro of 21 Sheldon Road asked to speak again to address some Page 1 of 5 APPROVED MINUTES items. She said that it doesn't matter if food was sold at the beach 100 years ago,there is no grandfathering of use. She thinks there needs to be a process for the neighbors. Attorney Henderson added that the SBA would do a covenant with the neighbors if that would make them feel better. Mary E. Cirafice-Dorval of 273 Atlantic Avenue stated she has zero faith in the SBA and they live right at the beach and there is little trust. There is a lot of traffic already,with the addition of food they will hear non-stop fans from the kitchen, it's out of control. Chairman Chittick closed the discussion reminding those in attendance that there is nothing officially before the Board this evening. They will discuss the matter at the end of the meeting and decide what the next steps are. CONTINUED 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 Map Page Plot #001, 038; 002. File#19.01.25. In attendance to represent this agenda item: Attorney Richard Henderson Documents used for this hearing: ➢ Letter dated March 13, 2019 granting an extension to the ZBA to file the decision for this Variance through May 15,2019. ➢ Packet of Parcel and Deed research of Howe Road submitted by Attorney Henderson at the hearing on 4.2.19 Attorney Henderson addressed the Board. At the last hearing he had agreed to bring the Board Variance cases for them to review. He did not do that because as it turns out,they are not relevant. At the previous hearing,Associate Member McMorris asked when the lots were created and when the nonconforming neck came to be. Attorney Henderson did a lot of title and deed work and confirmed that the parcels were created and went to land court back in 1916. The area in question has remained the same since then, and though other lots lines were created in 1985,the narrow"neck"of the lot on the westerly point has remained the same since 1916. He therefore does not believe it needs a Variance. Chairman Chittick asked if Attorney Henderson could draft something up that explains why they don't need relief. He then asked if anyone in the audience wished to speak. There was no one present for this hearing. MOTION BY ASSOCIATE MEMBER WATKINS: TO CONTINUE THE HEARING SECONDED: ASSOCIATE MEMBER McMORRIS VOTE: 3-0 MOTION CARRIES (WC,MW and DM) 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: ➢ Order of Conditions issued by the Cohasset Conservation Commission Mr. John Cavanaro is present for this continued hearing. Chairman Chittick asked if there was any additional information to be submitted for the hearing. Mr. Cavanaro stated that the Cohasset Conservation Commission did issue an Order of Conditions for this project,but that was all. Chairman Chittick asked if anyone in the audience wished to speak. There was no one present for this hearing. MOTION BY CHAIRMAN CHITTICK: TO CLOSE THE HEARING SECONDED: ASSOCIATE MEMBER WATKINS VOTE: 3-0 MOTION CARRIES (WC,MW and DM) Page 2 of 5 APPROVED MINUTES 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: No one present for this hearing. Documents used for this hearing: ➢ Updated and corrected Zoning Board application Chairman Chittick asked if there was anyone present to speak on this application. There was no one present. MOTION BY CHAIRMAN CHITTICK: TO CLOSE THE HEARING SECONDED: ASSOCIATE MEMBER MCMORRIS VOTE: 3-0 MOTION CARRIES (WC,DM and MW) 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 Chairman Chittick asked if there was any additional information for this application that needed to be submitted;there was none. There was also no one present from the public to speak on this application. MOTION BY ASSOCIATE MEMBER McMORRIS: TO CONTINUE THE HEARING SECONDED: ASSOCIATE MEMBER WATKINS VOTE: 3-0 MOTION CARRIES (WC,DM and MW) NEW HEARING SPECIAL PERMIT—Filed by Attorney Richard Henderson, on behalf of his client, Cohasset Central Cemetery. Special Permit pursuant §300-9.7.D and any relief the Board deems appropriate. Applicant seeks to construct a seawall and add fill for Flood Control in the Flood Plain at 25 Joy Place. File#19.03.11. In attendance to represent this agenda item: Attorney Richard Henderson and John Cavanaro of Cavanaro Consulting Documents used for this hearing: ➢ ZBA Application date stamped March 11, 2019 ➢ Site Plan prepared by Cavanaro Consulting, dated March 4,2019 Attorney Henderson addressed the Board. John Cavanaro will address the Board and review the application for the Board. Mr. McMorris asked if this application was more of the Conservation Commission's jurisdiction. Attorney Henderson said that it is and that the Commission has already issued a Stormwater Permit and an Order of Conditions. Mr. Cavanaro then addressed the Board. He reviewed the site for the Board. The site is 4 plus acres that juts out into the harbor. Over the past six years,the property has seen a rise of tides with many storms and nor'easters. The tidal issues have begun to cause a natural desecration of the grave yard. Chairman Chittick asked if the graves are in danger. Mr. Cavanaro said they absolutely are and referred to photos of graves partially submerged by water. The plan is to create a shallow,masonry wall;the two ends will then be built up to a maximum height of 3 feet. Mr. McMorris asked if the entire length of the wall was at elevation 9. Mr. Cavanaro stated that it is higher at the other ends. The difficulty will be to work in a very tight space. They are going to use a drone to map it and possibly use grid lines to mark the graves. They will put in about 1.5 feet of fill to bring up the headstones only;the actual burials,mostly cremations,will remain where they are. Chairman Chittick asked if the proposed wall would be high enough. Mr. Cavanaro said they worked with the Wood's Hole Group to come up with the best plan, as well as an abutter,Mr. Lyons of 45 Gammons Road. Mr. Lyons decided not to work with them on the project,but he is in support of the project. Mr. McMorris suggested that it will still flood. Mr. Cavanaro agreed, saying the wall could be higher,but they are not trying to stop the flooding;just trying to save what is there. Attorney Henderson added that they have also filed under§300-9.7 Page 3 of 5 APPROVED MINUTES but could also be under§300-9.5. Chairman Chittick said the Board could find they need relief under either or both sections. Mr. Cavanaro added that they are using the most recent datum(the Town still used 1929). Mr. Andrew Astley of 40 Joy Place asked if the fill would exacerbate the flooding on his property. Mr. Cavanaro said it would not,the fill will only displace a small volume of the tide. The harbor area is 7.5+million square feet;they are displacing hundredths of an inch. Mr.Astley still thinks this project will push the water across the road and that it will have a negative impact on his property. Mr. Cavanaro stated that they are not going putting enough fill to keep the water off of the subject property,25 Joy Place, completely. Mr. McMorris asked Mr. Cavanaro if this project would increase the water going on Mr. Astley's property. Mr. Cavanaro said it would not. Ms. Caroline Thomas of 30 Joy Place said that the water is now coming across Joy Place and going into the neighboring properties. She thinks that the project will increase the flow and push the water into the back of the properties. Mr. Cavanaro stated that is not the case; it's a mathematical problem and that this amount of fill will not impact her property. After further discussion on this,Attorney Henderson added that this graveyard is a National Historic Site that is over 300 years old. There is an obligation to save this site because of its use and historical significance. Ms. Thomas said she is concerned about aesthetics and does not want to look over and see the pastoral feel impacted. Mr. Cavanaro said the human eye will not be able to notice the difference in the area. MOTION BY CHAIRMAN CHITTICK: TO CONTINUE THE HEARING SECONDED: MEMBER HIGGINSON VOTE: 3-0 MOTION CARRIES (WC, CH and DM) DELIBERATIONS 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. MOTION BY CHAIRMAN CHITTICK: TO APPROVE THE DECISION AS AMENDED AND GRANT THE RELIEF SOUGHT SECONDED: ASSOCIATE MEMBER WATKINS VOTE: 3-0 MOTION CARRIES (WC,MW 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. MOTION BY CHAIRMAN CHITTICK: TO APPROVE THE DECISION AS AMENDED AND GRANT THE RELIEF SOUGHT SECONDED: ASSOCIATE MEMBER McMORRIS VOTE: 3-0 MOTION CARRIES (WC,DM and MW) 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. MOTION BY CHAIRMAN CHITTICK: TO APPROVE THE DECISION AS AMENDED AND GRANT THE RELIEF SOUGHT SECONDED: ASSOCIATE MEMBER McMORRIS VOTE: 3-0 MOTION CARRIES (WC,DM and MW) Page 4 of 5 APPROVED MINUTES Sandy Beach Discussion—Continued After a brief discussion, it was agreed that Attorney Henderson would write a letter to the Building Commissioner/ Zoning Enforcement Officer,Robert Egan, and ask for a determination regarding the selling of food at the Sandy Beach bathhouse. This will allow any party aggrieved by the determination to appeal if they wish. MOTION BY CHAIRMAN CHITTICK TO ADJOURN THE MEETING AT 9:45PM SECONDED: ASSOCIATE MEMBER DARST VOTE: 3-0 MOTION CARRIES (WC, CH and LD) Page 5 of 5