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HomeMy WebLinkAboutMinutes - ZBoA - 11/05/2019 APPROVED MINUTES COHASSET ZONING BOARD OF APPEALS DATE: Tuesday,November 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) Charles Higginson,Member(CH) David McMorris,Associate Member(DM) Matthew Watkins,Associate Member(MW) Lee Darst,Associate Member(LD) Town Staff Present: Jennifer Oram,Assistant Clerk,ZBA Chairman Chittick opened the meeting at 7:30PM. He introduced the Board. BOARD BUSINESS The Board agreed that December 3, 2019 and January 7,2020 would be the next meetings of the Zoning Board of Appeals. 811-819 Jerusalem Road—South Shore Hellenic Church—Request to extend the expiration date of Special Permit #17.08.14—Architect Clark Brewer—Vote requested. Architect Clark Brewer, on behalf of the permit holder, requested that the Cohasset Zoning Board extend this permit to allow additional time to start building; the church has been fundraising since the permit's approval. After some discussion, the Board agreed that there was good cause to grant the requested extension of Special Permit#17.08.14 and agree to do so for one year MOTION BY CHAIRMAN CHITTICK: TO GRANT THE EXTENSION FOR PERMIT #17.08.14 FOR ONE YEAR SECONDED: ASSOCIATE MEMBER WATKINS VOTE: 3-0 MOTION CARRIES (WC,PG and MW) 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,Heidi Condon of Heide Condon Designs,Inc. Documents submitted for this hearing: ➢ Updated calculations and plans showing volume prepared by Heide Condon Designs,LLC and dated October 31,2019. John Cavanaro addressed the Board and reviewed the application before the Board. They wish to rebuild a single-family home on this property. At the previous hearing,the Board asked that the applicants come back with updated volume calculations showing what amount of non-conformity is being proposed within the setback(s). The Board wanted the existing and proposed height addressed as well. Member Higginson asked if anything had been changed on the plans. Page 1 of 4 APPROVED MINUTES Mr. Cavanaro stated that there had not been any changes since the last hearing. The Site Plan has not been amended since August 22,2019. Since the application was filed however,they have moved the rear setback from 6' feet off the rear lot line to 10'. They eliminated the proposed driveway and curb cut from the plan and they have received a Stormwater Permit and Order of Conditions from the Conservation Commission. Ms. Condon stated that at the last hearing she had been asked by the Board to address the volumetric calculations. She too then reviewed the changes that had been made to proposed project based on input from the Board. They pulled the house as far out as they could from the rear setback; they can only build so far because of the 50' buffer zone. Due to the high-water table,there is no basement. They lowered the height and eliminated windows to address concerns expressed by the Board and neighbors. There was then an extensive conversation about height and the facade calculations within the setback. Presently as proposed there would be a 90%increase of facade within the rear setback. The height increase would be 10' from what is existing. They are right below the height limit. Chairman Chittick asked why they needed to have a third floor. Ms. Condon said they are only requesting a small office on that floor; the rest of the floor is not habitable and would be used for storage. She added that they could lower the height and eliminate the third floor if the Board would prefer. Member McMorris stated that the square footage of the facade calculation is the real problem because that is what the neighbor(s) see. Ms. Condon said that they are lower than the rest of the neighbors;the neighbors were more concerned with the windows which they eliminated. Mr. McMorris asked Mr. Cavanaro what the elevation difference was between 177 Hobart and 187 Atlantic. Mr. Cavanaro did the calculations and stated there is approximately 17' of base elevation difference. The existing structure sits in a hole below. Ms. Condon added that she does have some design flexibility with the height and can re-design the structure to address the Board's concerns. Vice-Chairman Goedecke stated that anything they could do to reduce the height would be good as it's a large increase of facade within the setback. Mr. McMorris added that he does feel it's relevant that half of the facade is below the elevation of the houses next to it. Chairman Chittick asked if anyone wished to speak. Dr.Aiden Long of 177 Hobart asked that they consider protecting his seasonal view and asked if the lot was buildable. Attorney DeLuca addressed the Board and stated that he and his firm drafted the opinion for the Board on this parcel. He stated that the Board must find under §300.8.7,but in their opinion, the lot is a legally buildable lot. 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 Cavanaro Consulting,on behalf of their client,James Norton—Young Belford, LLC. Special Permit per §300.11. 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. Documents submitted for this hearing: ➢ Letter requesting to continue the hearing to December 3,2019 The applicant requested that the hearing be continued so the applicant could retain Counsel. Vice-Chairman Goedecke asked the Town's Special Counsel, David DeLuca,what his thoughts were on the use of a Guest House in the Village Business District when the owner of the Guest House does not live in the main building/dwelling. Attorney DeLuca stated that they(Attorney Karis North and himself)had been unable to locate any case law that was right on point regarding this issue. MOTION BY ASSOCIATE MEMBER WATKINS: TO CONTINUE THE HEARING SECONDED: ASSOCIATE MEMBER McMORRIS VOTE: 3-0 MOTION CARRIES (PG,DM and MW) Page 2 of 4 APPROVED MINUTES SPECIAL PERMIT—Filed by Attorney Richard Henderson,on behalf of his client,the Cohasset Historical Society,located at 106 South Main Street. The applicant seeks a Special Permit per&300-4.2. Applicants seek to have a Historical Society located 51 Church Street which is a residential zone. File#19.09.04. There was no additional information submitted for this application. MOTION BY CHAIRMAN CHITTICK: TO CLOSE THE HEARING SECONDED: ASSOCIATE MEMBER McMORRIS VOTE: 3-0 MOTION CARRIES (WC,PG and DM) NEW HEARING SPECIAL PERMIT—Filed by Attorney Jeffrey De Lisi of Ohrenberger De Lisi&Harris, LLP on behalf of his clients John J. Starvish and Shelley M.Vanderweil. The applicants seek to reconstruct a dwelling at 449 Jerusalem Road. Subject properties are 449 and 457 Jerusalem Road. The applicants seek Special Permits per sections "000-8.7.B,300-9.7. G and 9.7.H. File#19.10.08. In attendance to represent this agenda item: John Cavanaro of Cavanaro Consulting,Jim Sandell of Carr, Lynch and Sandell Documents submitted for this hearing: ➢ Cover Letter from Ohrenberger,De Lisi& Harris,LLP dated October 7,2019 ➢ ZBA Application with attachments date stamped October 8,2019 ➢ Site Plan prepared by Cavanaro Consulting dated October 3,2019 ➢ Elevation Plans prepared by Carr,Lynch and Sandell and date stamped October 8,2019 Attorney De Lisi reviewed the history of these two lots. The lots were laid out in the 1920s,then divided into two lots, one deeded out in 1977 and then the two came back into common ownership from about 1983 until 2006. There were various applications regarding the single home at 457, an appeal and then that appeal was denied. They are before the Board now to merge these lots voluntarily. They are proposing to raze 457 Jerusalem Road completely, and the foot print of the proposed structure will slide over; eliminating a side yard nonconformity. The structure would be about 20 feet high and would be used as a second accessory structure with some storage above. Mr. Cavanaro then reviewed the site for the Board. The property is within the Flood Plain,but the structure is not. This project has three principal proposals. First,there are challenges on the water front where they need to implement drainage along the coastal bank with basins etc. Secondly,they also want to site a pool on the property and the third would be the project of the building and merging the lots. He then reviewed the changes that will need to be made regarding the grading,retaining walls, sloping, fill etc. on the property. All this work is under the Conservation Commission and Mass DEP purviews. One other item that is not on the plan presently is that they plan to extend the existing stone wall that runs along the road. Mr. Sandell then reviewed his drawing of what they are proposing to do with the new structure. Chairman Chittick asked for him to provide the Board with a scaled height of the building. Mr. Goedecke asked Mr. Sandell to also provide the fagade calculations so they know what is within the side setback;he would like the calculations on the wall they are extending as well. There was a brief discussion regarding the Flood Plain. The Board asked for something in writing addressing the relief sought under §300-9.7. H. Mr. McMorris clarified that the only items before the Board are the stone wall,the new structure and the Flood Plain. In order to address the Flood Plain,the applicants need to meet the 5 conditions in the Bylaw. Chairman Chittick asked if anyone in the audience wished to speak. Mr. Daniel Chisholm of 450 Jerusalem Road said that he thought was proposed was very tasteful though he does wish it was sited closer to the main house. He also is in support of extending the wall. MOTION BY MEMBER GOEDECKE: TO CONTINUE THE HEARING SECONDED: CHAIRMAN CHITTICK Page 3 of 4 APPROVED MINUTES VOTE: 3-0 MOTION CARRIES (WC,PG and CH) DELIBERATION SPECIAL PERMIT—Filed by Attorney Richard Henderson,on behalf of his client,the Cohasset Historical Society,located at 106 South Main Street. The applicant seeks a Special Permit per&3004.2. Applicants seek to have a Historical Society located 51 Church Street which is a residential zone. File#19.09.04. The Board reviewed the draft decision as prepared by Chairman Chittick. After some review: MOTION BY VICE-CHAIRMAN GOEDECKE: TO APPROVE THE DECISION AND GRANT THE RELIEF SOUGHT FOR A SPECIAL PERMIT UNDER §300-4.2 SECONDED: ASSIOCIATE MEMBER McMORRIS VOTE: 3-0 MOTION CARRIES (WC,PG and CH) MINUTES: MOTION BY CHAIRMAN CHITTICK: TO APPROVE THE MINUTES OF OCTOBER 1,2019 SECONDED: MEMBER HIGGINSON VOTE: 3-0 MOTION CARRIES (WC,PG and CH) MOTION BY ASSOCIATE MEMBER WATKINS: TO ADJOURN THE MEETING AT 9:OOPM SECONDED: MEMBER HIGGINSON VOTE: 3-0 MOTION CARRIES (WC,CH and MW) Page 4 of 4