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Home My WebLink AboutMinutes - ZBoA - 07/02/2019 APPROVED MINUTES COHASSET ZONING BOARD OF APPEALS DATE: Tuesday,July 2,2019 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) Lee Darst(LD) Board Member Absent: Matthew Watkins,Associate Member(MW) Assistant Clerk Present: Jennifer Oram,Assistant Clerk,ZBA Others Present: Karis North, Special Counsel Chairman S. Woodworth Chittick called the meeting to order at 7:31 PM. The Chairman introduced the Board members that were present. BOARD BUSINESS The Board agreed the August meeting would be held on August 6, 2019. The September meeting date will need to be discussed at the August meeting. CONTINUED HEARINGS SPECIAL PERMIT—Filed by Cavanaro Consulting,on behalf of their clients, Christopher and Cheryl Lund. Special Permit per�300-8.7B. The applicants seek to relocate and replace a detached garage at 429 King Street. File#19.05.07A. In attendance to represent this agenda item: Christopher and Cheryl Lund Documents used for this hearing: Nothing additional was submitted Chairman Chittick asked if there was any additional information to be considered for this application. Landowners Christopher and Cheryl Lund were in attendance and states there was no additional information for the Board. There was also no one in the audience that wished to speak on this application. MOTION BY VICE-CHAIRMAN GOEDECKE: TO CLOSE THE HEARING SECONDED: MEMBER HIGGINSON VOTE: 3-0 MOTION CARRIES (WC,PG and CH) SPECIAL PERMIT—Filed by Cavanaro Consulting,on behalf of their client,Edna W.Barry. Special Permit per section 000.8.7.B. Applicants seek to raze and rebuild a single-family home at 179 Atlantic Avenue. File #19.05.07B. In attendance to represent this agenda item: No one present Documents used for this hearing: ➢ Letter dated June 19,2019 from John Cavanaro of Cavanaro Consulting requesting a continuation. Page 1 of 4 APPROVED MINUTES MOTION BY CHAIRMAN CHITTICK: TO CONTINUE THE HEARING TO AUGUST 6TH SECONDED: ASSOCIATE MEMBER McMORRIS VOTE: 3-0 MOTION CARRIES (WC,PG and DM) SPECIAL PERMIT—Filed by Cavanaro Consulting,on behalf of their client,James Norton—Young Belford, LLC. Special Permit per 000.11. the applicant seeks to convert an existing barn into a single-family residence within the Water Resource District/Flood Plain &Watershed Protection District at 15 Brook Street. File #19.05.07C. In attendance to represent this agenda item: No one present Documents used for this hearing: ➢ Letter dated June 19,2019 from John Cavanaro of Cavanaro Consulting requesting a continuation. 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 Hoadley Martinez Architects, on behalf of their clients,20 Joy Nominee Trust, Lindsay Deane as Trustee. Special Permit per 4300-8.7. The applicant seeks to increase the height of the structure in a non-conforming area,raze and rebuild the garage and move it further from the side setback and attach it to the house and move the accessory building further from the setback at 20 Joy Place. File#19.05.07D. In attendance to represent this agenda item: Susan Hoadley of Hoadley and Karina Martinez of Martinez Architects and Attorney Richard Henderson There were no additional submittals and no one in the audience that wished to speak to the project. MOTION BY ASSOCIATE MEMBER McMORRIS: TO CLOSE THE HEARING SECONDED: VICE-CHAIRMAN GOEDECKE VOTE: 3-0 MOTION CARRIES (WC,PG&DM) APPEAL—Filed by Mary Ciraface D'Orval and Robert D'Orval at 273 Atlantic Avenue. The Appeal is of the Building Commissioner's decision in his letter dated April 9,2019,that food is a customary accessory use to the permitted use.,i.e. a recreational facility in a residential zoning district. The facility in question is Sandy Beach where the Sandy Beach Association is planning on serving food from their bath house located at 353 Atlantic Avenue. File#19.05.06. In attendance to represent this agenda item: Attorney Walter Sullivan of Sullivan& Comerford,P.C. Documents used for this hearing: ➢ Memo submitted by Attorney Walter Sullivan on July 2,2019 Attorney Sullivan addressed the Board and reviewed his memo. He represents the group appealing the Building Inspector's Decision allowing"limited Food Service"at the Sandy Beach bath house. The memo submitted addresses that the Sandy Beach Bath House is in a Flood Zone Overlay District. It is Attorney Sullivan's opinion that allowing the food service is improper and illegal and the Zoning Board should rescind the decision of the Building Inspector. The Sandy Beach Association(SBA)and his clients have tried to meet and come to an agreement,but they are at an impasse. It's his opinion that the food service should have been included in the original Special Permit. He added that the only place this can go is to court. Associate Member McMorris asked Attorney Sullivan,hypothetically speaking,if the Special Permit had been granted, say years ago,wouldn't they all be in the same process they are now? The process they are in is an"up or down" regarding the accessory food use. The Special Permit had to do with the building. Attorney Sullivan respectfully Page 2 of 4 APPROVED MINUTES disagrees. Member McMorris said they cannot amend the Special Permit to allow the Food Use. Attorney Sullivan stated that he did not know if he agreed or disagreed.Vice Chairman Goedecke stated that the Board did not have to consider a finding on the food as it was not part of the original Special Permit;he is also uncertain if Section 9 was mentioned. There is a litany of allowed uses in the table of area regulations. Associate Member McMorris added that the Overlay just imposes an additional section of the bylaw that needs to be addressed if applicable to a filing. It's in addition to and does not replace or supersede other parts of the bylaws. Chairman Chittick asked for more information from Attorney Sullivan about the financial harm he mentioned his clients were being impacted with and what evidence he had of such harm. Attorney Sullivan said that for his clients to prove that to the Board would be too much of a burden and he did not think it was required to submit that to the Board. Attorney Richard Henderson addressed the Board on behalf of the Sandy Beach Association. The recreational use of the SBA goes back to 1916. People have always consumed food on the beach;the difference now is that people are paying for it. It's an accessory use to the recreational use. He does not think§300.9.5 applies to this at all. Mr. McMorris asked Building Commissioner,Robert Egan,if he receives complaints about the Little League Field. Mr. Egan said that he does not.Annette Sawchuk,President of the SBA, addressed the Board. The SBA believes the serving of food is an accessory use and that they have gone out of the with their way with the trash removal,pest control etc. She does not see the harm to the neighborhood. Denise Bordonaro,of 21 Sheldon Road, stated that the she thinks that section 9 should apply. She stated they all think it is a restaurant. Annette Sawchuk asked what the difference would be with a restaurant like Atlantica that is operating within the Flood Plain. Mr. Doug McNary of 355 Atlantic stated they are frustrated. The menu looks like a fast food menu and it's a bigger menu then what they understood would be available. He does not think they are that far at odds [with the SBA] and wishes they could work it out. They are just neighbors trying to get respect. Mary D'Orval of 273 Atlantic Avenue said that someone blocked her driveway when they came to pick-up coffee at the snack-bar. She thinks the snack bar is bringing in more people. It's a restaurant in a residential neighborhood. Elizabeth Kissick of 2 Sheldon Road used to live at 170 North Main Street near the Little League Field. It started with snacks,then grills and then lights;things escalated. Things escalate with things like this. She added that she was at the beach that week and saw kids that were intoxicated. Ms.D'Orval added that large food trucks are dropping off food and they can't navigate the turn into the Sandy Beach lot. Susan Acton of 269 Atlantic Avenue said there was a bread delivery dropped and the birds got into it. Ms. D'Orval then submitted photos of people drinking wine in the chairs on the beach. There was then a brief conversation about who was responsible for the enforcement of public drinking at the beach. Chairman Chittick thanked everyone for their input and said that the Board understands the points made this evening and during the last hearing. MOTION BY CHAIRMAN CHITICK: TO CONTINUE THE HEARING SECONDED: VICE CHAIRMAN GOEDECKE VOTE: 3-0 MOTION CARRIES (WC,PG and CH) SPECIAL PERMIT—Filed by Dick Rockwood of Rockwood Designs,on behalf of his clients,Nancy and Joseph Figueiredo. Special Permit per 000-8.7. Applicants seek to build an addition with dormers within the setback at 12 Margin Court. File#19.06.10 In attendance to represent this agenda item: Dick Rockwood Documents used for this hearing: ➢ Zba Application date stamped June 10,2019 ➢ Architectural plans prepared by Rockwood Designs date stamped June 10,2019 ➢ Site Plan prepared by Stenbeck& Taylor,Inc. dated June 6,2019,date stamped June 10,2019 ➢ Square footage calculations submitted at the hearing on a plan—July 2,2019 Page 3 of 4 APPROVED MINUTES Mr. Rockwood addressed the Board. He handed out a plan showing the square footage calculations and a highlighted area showing where the work would be done. Both 10 and 12 Margin Court are on the same lot. The portion of 12 Margin Court where they are proposing the work is very close to the lot line. There is a covered patio with a shed;they are proposing to take the existing roof area and close it to enlarge the kitchen. They would then continue the knee wall and add a dormer on both sides. They would be in the same footprint and are adding a total of 280 square feet. They are not exceeding the footprint whatsoever. The height is about 20' with an increase of living space around 19%. Vice-Chairman Goedecke said that it's a tight spot and they are extending it laterally, it's a good amount of an extension,but percentage wise it is not that large of an increase. He would like Mr. Rockwood to submit calculations of the increase in the fagade on the right side. He would like the calculations to show what is there currently and what is proposed. They want the calculations of anything that people can see. Chairman Chittick asked if there was anyone in the audience that wished to speak. There was no one present. MOTION BY CHAIRMAN CHITICK: TO CONTINUE THE HEARING SECONDED: ASSOCIATE MEMBER DARST VOTE: 3-0 MOTION CARRIES (WC,PG and LD) DELIBERATIONS SPECIAL PERMIT—Filed by Cavanaro Consulting,on behalf of their clients, Christopher and Cheryl Lund. Special Permit per 000-8.7B. The applicants seek to relocate and replace a detached garage at 429 King Street. File#19.05.07A. Mr. Goedecke drafted this decision. After some review: MOTION BY CHAIRMAN CHITICK: TO APPROVE THE DECISION AS WRITTEN TO GRANT THE RELIEF SOUGHT SECONDED: MEMBER HIGGINSON VOTE: 3-0 MOTION CARRIES (WC,PG and CH) SPECIAL PERMIT—Filed by Hoadley Martinez Architects,on behalf of their clients,20 Joy Nominee Trust, Lindsay Deane as Trustee. Special Permit per 000-8.7. The applicant seeks to increase the height of the structure in a non-conforming area, raze and rebuild the garage and move it further from the side setback and attach it to the house and move the accessory building further from the setback at 20 Joy Place. File#19.05.07D. Mr. Higginson drafted this decision. After some review: MOTION BY CHAIRMAN CHITICK: TO APPROVE THE DECISION AS AMENDED TO GRANT THE RELIEF SOUGHT SECONDED: VICE-CHAIRMAN GOEDECKE VOTE: 3-0 MOTION CARRIES (WC,PG and CH) MOTION BY CHAIRMAN CHITTICK: TO ADJOURN THE MEETING AT 10:00 PM SECONDED: MEMBER MCMORRIS VOTE: 3-0 MOTION CARRIES (WC,PG and DM) Page 4 of 4