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HomeMy WebLinkAboutMinutes - ZBoA - 12/03/2019 APPROVED MINUTES COHASSET ZONING BOARD OF APPEALS DATE: Tuesday,December 3,2019 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 7:34PM. He introduced the Board. BOARD BUSINESS The Board agreed that January 7, 2020 would be the next meetings 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,Heidi Condon of Heidi Condon Designs,Inc. Documents submitted for this hearing: ➢ Revised Site Plan prepared by Cavanaro Consultants dated December 2,2019 ➢ Updated plans prepared by HC Design—date stamped November 27,2019 Mr. John Cavanaro addressed the Board stating that at the last meeting,the Board had asked the applicants to look at height and fagade calculations. Ms. Condon went back to the drawing board made several changes on the footprint. Ms. Condon then reviewed the changes she made to the footprint of the house. She moved the house F further in from the side yard setback and reduced the width of the house from 3l' to 30'. She also took 2' off of the garage so that it now measures 25' x 25'. As for the height, she was able to reduce it by 3'. She did add a turret,but that is allowed outside the setback. It is shown on the attic plan. The turret is the only usable space,the rest of the attic measures at height of 4'.5". With all of these changes they were able to reduce the increase of fagade within the setback to an increase of 69%. If you averaged all three sides, it brings it down to 45%increase of fagade within the setback, and in cubic feet, a 30%increase. Member McMorris said that there was a neighbor who was concerned about his view,but he is much higher than this structure. Chairman Chittick said the Board has tried to address his concerns,but view is not a protected right. After some further discussion: MOTION BY CHAIRMAN CHITTICK: TO CONTINUE THE HEARING SECONDED: VICE CHAIRMAN GOEDECKE VOTE: 3-0 MOTION CARRIES (WC,PG and DM) Page 1 of 2 APPROVED MINUTES SPECIAL PERMIT—Filed by Cavanaro Consulting,on behalf of their client,James Norton—Young Belford, LLC. Special Permit per W0.11. 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,Attorney Adam Brodsky Chairman Chittick recused himself from this hearing and moved to the seat in the back of the room. Vice Chairman Goedecke will Chair this hearing. Attorney Brodsky addressed the Board. He reviewed the history of this application stating that at first this was filed for a single-family detached structure, on a mixed-use lot through the Planning Board Village Business District Special Permit process. After further review,the special permit granting authority is still listed as the Zoning Board for a single-family home in the Village Business zoning chart. The applicant abandoned the idea of a Single-Family house and changed the use to a Guest House. Attorney Brodsky does not think that use is relevant at this time as the project is before the ZBA for Flood Plain. It is his opinion that the proposed project meets and exceeds the flood protection which is what is before the Board. This is not the end of the permitting process for this project. They will have to go back to the Planning Board for the structure and the newly proposed use. There was then a discussion regarding the definition of Guest House. The Guest House definition is not clear on if the owner of the guest house has to live on the property. Attorney Brodsky said the use would be an enforcement issue for the Building Commissioner and what is before the Board is the elevated structure within the Flood Plain. The dimensional non-conformity would go before the Planning Board. There was no one in the audience that wished to speak on this application. MOTION BY ASSOCIATE MEMBER McMORRIS: TO CONTINUE THE HEARING SECONDED: MEMBER HIGGINSON VOTE: 3-0 MOTION CARRIES (PG,DM and CH) 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. Subiect properties are 449 and 457 Jerusalem Road. The applicants seek Special Permits per sections 0 300-8.7. B,300-9.7. G and 9.7.H. File#19.10.08. The applicants requested that this hearing be continued to January 7, 2020 as they are still before the Conservation Commission. MOTION BY CHAIRMAN CHITTICK: TO ACCEPT THE REQUEST OF THE CONTINUATION SECONDED: MEMBER HIGGINSON VOTE: 3-0 MOTION CARRIES (WC,PG and CH) MOTION BY ASSOCIATE MEMBER WATKINS: TO ADJOURN THE MEETING AT 8:40PM SECONDED: MEMBER HIGGINSON VOTE: 3-0 MOTION CARRIES (WC,CH and MW) Page 2 of 2