HomeMy WebLinkAboutMinutes - ZBoA - 09/03/2019 APPROVED MINUTES
COHASSET ZONING BOARD OF APPEALS
DATE: Tuesday, September 3,2019
TIME: 7:30 PM
PLACE: COHASSET TOWN HALL
41 HIGHLAND AVENUE COHASSET,MA. 02025
Board Members Present: Peter Goedecke,Acting Chairman(PG)
Charles Higginson(CH)
David McMorris,Associate Member(DM)
Matthew Watkins,Associate Member(MW)
Lee Darst,Associate Member(LD)
Member Absent: S. Woodworth Chittick, Chairman
Town Staff Present: Jennifer Oram,Assistant Clerk,ZBA
Vice-Chairman Goedecke opened the hearing at 7:30PM. He introduced the Board. All members present except for
Chairman Chittick;Vice-Chairman Goedecke will Chair the meeting.
BOARD BUSINESS
The Board agreed October 1, 2019 will be the next meeting of the Zoning Board of Appeals.
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 (187)Atlantic Avenue. File
#19.05.07B.
In attendance to represent this agenda item: John Cavanaro of Cavanaro Consulting,Attorney Richard
Henderson,Heidi Condon,Architectural Designer&Lynn and Rob Schwandt,the owners' family.
Documents submitted for this hearing:
➢ Amended Site Plan Prepared by Cavanaro Consulting—Date Stamped August 27,2019
➢ Updated Architectural Drawings Prepared by HC Design and date stamped August 23, 2019
➢ Stormwater Permit and Conditions dated August 12,2019
➢ Order of Conditions—Date of Issuance August 16,2019
➢ Neighborhood Comparison chart compiled by Cavanaro Consulting submitted at the hearing on
September 3, 2019
John Cavanaro introduced the team for this application to the Board. This is a continued hearing for a Special Permit
application for what is now identified as 187 Atlantic Avenue. At the last hearing,the Board discussed several potential
changes to the plan. The original proposal was to reconstruct the dwelling and maintain the 6- foot side yard setback, a
new driveway was proposed and there was a guest house located in the wetlands. The applicants have now decided to
shift the building an additional 4 feet from the side yard setback, eliminate the proposed driveway and raze the guest
house. They are proposing to re-align the deck to make it conforming, and reduce the building volume and fagade in the
side yard setback. They went before the Conservation Commission and have been issued a Stormwater Permit and a
Notice of Intent. Conservation also requested that they hire a professional botanist to design a professional planting plan.
Mr. Cavanaro then reviewed the plan to remove some trees and plant some mature trees. Mr. Cavanaro then reviewed a
neighborhood comparison chart of the homes on the abutter's list used for this application. They are proposing a 3,400
square foot home on a 34,000 square foot lot,that puts them 5th out of 17th in square footage and lot size; and on lot area
itself,they are 6th out of 17th.
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APPROVED MINUTES
Ms. Condon then reviewed her plans for the Board. They have moved the proposed house 10' from the rear side lot line.
They have made the deck conforming and they have shifted the location of the house. They are requesting an additional
247' of small finished area in the attic space for an office. This still keeps them below the Large House Review
Threshold. They are proposing a wraparound deck on piers. The height of the house has been lowered by 2.5'. They
were able to reduce the volume by 8,002 square feet and they reduced the size of the 12 windows in the rear and
eliminated 1. The neighbors had asked that they lower the house and reduce the size of the windows. The square footage
is now 3,480 square feet. Chairman Goedecke would like Ms. Condon to forward those calculations. Mr. McMorris
asked where this a raze and rebuild,why they could not make the house conform. Ms. Condon stated they could not move
it forward as it would have been in the buffer zone. Mr. Higginson asked what the height of the proposed house will be;
Ms. Condon stated it measures 30.5'.
Chairman Goedecke asked if anyone in the audience wished to speak. Dr. Aiden Long of 177 Atlantic Ave. addressed the
Board. He thanked the Applicants for all of the changes. He is still concerned about the height of the ridge and asked if
the area for storage could ever be changed to finished living area. There was then discussion regarding the building code
and the allowable height for habitable space. Dr. Long asked how much higher the new home would be in comparison to
the existing home. Ms. Condon stated it would be 10.5' higher.
Chairman Goedecke asked the applicants to explain how this lot is buildable if the metes and bounds on the lot had
changed. Attorney Henderson stated that he was not prepared at this time to address the question. Chairman Goedecke
stated he would like some sort of explanation along with any other calculations the Board requested be submitted for the
next hearing.
MOTION BY MEMBER HIGGINSON: TO CONTINUE THE HEARING
SECONDED: ASSOCIATE MEMBER McMORRIS
VOTE: 3-0 MOTION CARRIES (PG,CH 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: Brendan Sullivan of Cavanaro Consulting
Documents submitted for this hearing:
➢ Updated Memorandum of Support for Zoning Relief Date Stamped August 27,2019
➢ Certified Existing Barn Height—Date Stamped August 27,2019
➢ Amended Site Plan,prepared by Cavanaro Consulting date stamped August 27,2019
Mr. Sullivan addressed the Board. At the August Wh hearing,the Board asked for certified height calculations which he
has provided. They are proposing to rotate the structure slightly with the foot print being approximately 410 square feet.
The structure will be flood compliant with flood vents. Mr. McMorris stated that he is still having trouble with the
permitting in relation to the Planning Board jurisdiction and the Zoning Board. He does not see this as a pre-existing non-
conforming structure where 75%is not in the same location. Mr. Sullivan said they are not looking at this as a new
building. Building Commissioner Robert Egan stated that by definition"alteration"includes reconstruction. There was
then an extensive conversation about how this proposal fits or does not fit under the Village Business bylaw. Mr.
McMorris likes the new plans but is on the fence as to whether this is covered under the VDB. Chairman Goedecke said
that this is a relatively unique property. The Board agrees that they have no issue with the Flood Plain.
MOTION BY ASSOCIATE MEMBER McMORRIS: TO CONTINUE THE HEARING
SECONDED: MEMBER HIGGINSON
VOTE: 3-0 MOTION CARRIES (PG,CH and DM)
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APPROVED MINUTES
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.
Documents submitted for this hearing:
➢ Memorandum dated August 24,2019,date Stamped by the ZBA on August 26,2019 from
David P.Johst,Esq.
➢ Copy of Email sent by Annette Sawchuk to neighbors of Sandy Beach on August 20,2019
Chairman Goedecke asked if anyone in the audience wished to speak. There was no response. He asked if there were any
other issues that needed to be discussed other than the two submittals received for this meeting;there were none.
MOTION BY MEMBER HIGGINSON: TO CLOSE THE HEARING
SECONDED: ASSOCIATE MEMBER DARST
VOTE: 3-0 MOTION CARRIES (PG, CH and LD)
SPECIAL PERMIT—Filed by Dick Rockwood of Rockwood Designs,on behalf of his clients,Nancy and Joseph
Figueiredo. Special Permit per&300-8.7. 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: None
Documents submitted for this hearing:
➢ Fagade Calculations submitted by email by Dick Rockwood on August 8, 2019
The Board reviewed the additional calculations. There was no one present to speak on this application.
NEW HEARING
SPECIAL PERMIT—Filed by Cavanaro Consulting,on behalf of their clients,Kenneth Paull and Denise Hall.
Special Permit per�300-9.711. Applicants seek to raze the existing house and build a new house and re-grade in
the Flood Plain at 135 Nichols Road. File#19.08.07.
In attendance to represent this agenda item: John Cavanaro of Cavanaro Consulting and Sally Weston of Sally
Weston Associates of Hingham.
Documents submitted for this hearing:
➢ ZBA application date stamped August 7,2019
➢ ZBA Site Plan prepared by Cavanaro Consulting dated 8/6/19 and date stamped 8/7/19
➢ Architectural Plans prepared by Sally Weston Associates of Hingham,date stamped 8/7/19
➢ Email from Carmen Hudson dated August 7,2019 addressing proposed building height
➢ Letter from Eileen Rutledge dated September 3,2019
Mr. Cavanaro addressed the Board. He was present with Sally Weston and the owners of the property,Kenneth Paull and
Denise Hall. They are asking for a Special Permit to rebuild the house within the Flood Plain. They are proposing to
regrade and elevate the portions of the land that fall below the Flood Plain. The flood elevation clips the existing building
by inches, and the basement has drainage issues. After looking at different options they decided to raze and reconstruct a
new flood compliant house without a basement. They will be able to cure some of the existing non-conformities (front
setback). They are proposing to regrade around the perimeter of the house,they will be putting in a retaining wall with
slight grading around that. They are proposing to bring down the first floor of the house;the height of the proposed
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APPROVED MINUTES
structure will be completely conforming. As the house is located in the Flood Plain,they have gone before Conservation
Commission. They are re-designing the driveway,they will be putting in a French drain and installing an infiltration
system. There is a 50' no build zone. The Conservation Commission has issued an Order of Conditions with a marginal
change of 12"lift around the building to tie into the existing grade. They will be staying within the existing footprint but
remove the existing the garage and replace it with an attached garage. Chairman Goedecke asked what the garage would
do to the proposed grading. Mr. Cavanaro stated they would be lowering the grade in that area and then bringing it up
13". They are increasing the impervious surface but offsetting it with stormwater mitigation. They will be creating an
area to get some drainage to it which will be a mini retention pond. The house is going up in height,but they are within
what is allowed.
Chairman Goedecke asked if anyone in the audience wished to speak. Mr. Jim Rutledge of 111 Nichols Road stated that
he and his wife Eileen are concerned about the proposed construction. They currently have a view of the ocean which they
will lose with the proposed. They are hoping the new house will not be much higher than the existing. Chairman
Goedecke asked what the existing and proposed heights were. The existing house is 22' measured to the mid-point and
the proposed is approximately 33'; for an approximate increase in height of 11'.
MOTION BY ASSOCIATE MEMBER McMORRIS: TO CONTINUE THE HEARING
SECONDED: MEMBER HIGGINSON
VOTE: 3-0 MOTION CARRIES (PG, CH and LD)
DELIBERATIONS
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
The Board reviewed the additional submission and made edits to the draft decision. After a brief discussion:
MOTION BY ASSOCIATE MEMBER DARST: TO GRANT THE RELIEF SOUGHT FOR A SPECIAL
PERMIT UNDER§300.8.7
SECONDED: MEMBER HIGGINSON
VOTE: 3-0 MOTION CARRIES (PG,CH and LD)
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.
Mr. McMorris reviewed his draft decision. He stated that he found the memorandum(Johst memo) submitted by
Attorney Johst very helpful. It was lengthy and addressed items that have been discussed before, some more clearly
within this memo and some that are not related. That said,everything that the Board should consider is contained within
this memo. In the Johst memo,it implies that during the process for the Special Permit for the bath house that the food
service issues was withdrawn. Chairman Goedecke stated that having drafted that opinion, and withdrawal was not a
condition of the decision. The Johst memo also states that that the Bath House is a Fast Food Restaurant; Mr. McMorris
agrees that the Board needs to consider this. The overlay district is mentioned,but Mr. McMorris does not agree that this
negates accessory uses etc. in the overlay district. Mr. McMorris continued to review the memo. He thinks the Board
needs to focus on whether it's a Fast Food Restaurant or an accessory use to the primary use. The members discussed the
factors important to the Fast Food Restaurant definition, and those pertinent to a customary accessory use. Upon
reflection,the members of the Board concluded this is a customary use of a community recreational facility.
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APPROVED MINUTES
MOTION BY ASSOCIATE MEMBER McMORRIS: TO DENY THE SUBJECT APPEAL OF
BUILDING COMMISSIONER'S
DETERMINATION OF APRIL 9,2019
SECONDED: MEMBER HIGGINSON
VOTE: 3-0 MOTION CARRIES (PG,CH and DM)
MINUTES:
MOTION BY CHAIRMAN GOEDECKE: TO APPROVE THEM MINUTES OF AUGUST 6,2019 AS
AMENDED
SECONDED: ASSIOCIATE MEMBER WATKINS
VOTE: 3-0 MOTION CARRIES (PG, CH and MW)
MOTION BY ASSOCIATE MEMBER DARST: TO ADJOURN THE MEETING AT 10:10PM
SECONDED: MEMBER HIGGINSON
VOTE: 3-0 MOTION CARRIES (PG, CH and LD)
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