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Home My WebLink AboutMinutes - ZBoA - 08/06/2019 APPROVED MINUTES COHASSET ZONING BOARD OF APPEALS DATE: Tuesday,August 6,2019 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 agreed the September meeting would be held on September 3, 2019. Chairman Chittick will not be able to make that date. The October meeting will be confirmed in September. CONTINUED HEARINGS 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 July 18,2019 from John Cavanaro of Cavanaro Consulting requesting a continuation to the September 2019 ZBA meeting. MOTION BY VICE CHAIRMAN GOEDECKE: TO CONTINUE THE HEARING TO SEPTEMBER 3RD SECONDED: MEMBER HIGGINSON VOTE: 3-0 MOTION CARRIES (WC,PG and CH) 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: Brendan Sullivan of Cavanaro Consulting Documents used for this hearing: ➢ Updated Site Plan prepared by Cavanaro Consulting—date stamped August 1,2019 ➢ Updated Architectural Plans prepared by Tiryaki Architectural Design—date stamped August 1,2019 Chairman Chittick read the agenda item aloud and asked Vice-Chairman Goedecke to chair this hearing. Chairman Chittick recused himself from this hearing and moved to a seat in the audience. Page 1 of 3 APPROVED MINUTES Brendan Sullivan addressed the Board. They have submitted an updated Site Plan and new architectural plans. They have completed a series of meetings with the Conservation Commission and received an Order of Conditions for the project. The Commission has required the applicants to dig up the existing parking spaces that were created on the site without permission and replace them with seed and loam. They will have one space in front of the proposed building, and it will be dedicated to that dwelling unit. In addition,the Conservation Commission wanted the building out of the 50' buffer zone, so the they are moving the building slightly. The existing side setback will go from 5.2' to the proposed of 10.5' and the building will rotate slightly on the lot. There will be juniper trees planted for mitigation and they are working with an arborist to try and maintain the 36"elm tree located on the corner of the property. The proposed stairs have been relocated to the front of the building and taken out of where they were originally proposed in the rear setback. Associate Member Watkins asked if the grade was elevating. Mr. Sullivan said because of the removal of the gravel,the grade will remain the same. Mr. McMorris asked if what they are proposing would be a change of use. Mr. Sullivan stated that the Planning Board is the Special Permit granting authority for this lot as it's in the Village Business District. There was then some discussion regarding the ground area coverage and if changes should be made to the application. The Board then opened the discussion to the audience. Kelly Fleming of 23 Elm Street said that the neighbors are concerned about the building, setbacks and dormers and the elevation of the building. She said that the landowner did a great job listening during the conservation hearing process. She asked what the Board considers with application for building within the Floodplain. Chairman Goedecke stated there is very specific criteria they apply for Floodplain applications that they will use. In regard to the building, Town Meeting adopted the Village Business Overlay district and the Planning Board as the Special Permit granting authority. The Zoning Board's purview in this application is the Flood Plain. Mr. David Lord of 19 Elm Street is concerned about the water flow on the property and the impact it will have on the neighborhood. Mr. Sullivan stated they are under the 5,000 square foot threshold[for a Stormwater Permit] and they are not increasing the pervious coverage. Chairman Goedecke asked Mr. Sullivan to review the original memorandum submitted with the application. Mr. Sullivan stated that the only thing that had changed was the rotation of the building. The grade around the building is staying the same and the water flow will be the same as the previous structure but will now flow through the vents and around the structure. Mr. Goedecke asked that the Board be provided the Order of Conditions and the existing elevations of the structure. They would also like all zoning related calculations as they relate to the existing structure and the site(grades) compared to what is being proposed. Ms. Fleming of 23 Elm Street submitted photos showing the structure. She is concerned about the building and the heights etc. After further discussion: MOTION BY MEMBER HIGGINSON: TO CONTINUE THE HEARING SECONDED: ASSOCIATE MEMBER McMORRIS VOTE: 3-0 MOTION CARRIES (PG,CH and 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: No one present Documents used for this hearing: ➢ Letter dated July 30,2019 from Attorney Walter B. Sullivan requesting a continuance of the public hearing to their September hearing. Page 2 of 3 APPROVED MINUTES Chairman Chittick and the Board considered the request for a continuance. Members of the Board expressed that they would not want to continue beyond September as they have received a good amount of testimony at this point. After further discussion: MOTION BY MEMBER HIGGINSON: TO ACCEPT THE REQUEST FOR AN EXTENSION AND CONTINUE THE HEARING UNTIL SEPTEMBER SECONDED: ASSOCIATE MEMBER McMORRIS 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 Fimiredo. 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: No one present Documents used for this hearing: The Board requested additional calculations for this application that were not received by the night of the hearing. MINUTES of June 4,2019 and July 2,2019 MOTION BY CHAIRMAN CHITTICK: TO APPROVE THE MINTUES OF 6/4/19 & 7/2/19 AS AMENDED SECONDED: ASSOCIATE MEMBER McMORRIS VOTE: 3-0 MOTION CARRIES (WC,PG and CH) MOTION BY CHAIRMAN CHITTICK: TO ADJOURN THE MEETING AT 9:10 PM SECONDED: MEMBER HIGGINSON VOTE: 3-0 MOTION CARRIES (WC,PG and CH) Page 3 of 3