HomeMy WebLinkAboutMinutes - PB - 10/19/2005 Planning Board Meeting 1 of 3
October 19,2005
COHASSET PLANNING BOARD MINUTES
DATE: WEDNESDAY,OCTOBER 19,2005
TIME: 7:00 PM
PLACE: COHASSET TOWN HALL—LOWER LEVEL MEETING ROOM
41 HIGHLAND AVENUE, COHASSET,MA 02025
Board Members Present: Alfred Moore, Chairman
Peter J. Pratt,Vice Chairman
Stuart Ivimey, Clerk
Mike Westcott
Robert Sturdy
Board Members Absent:
Recording Secretary Present: Jo-Ann M. Pilczak
Town Planner Present:
MEETING CALLED TO ORDER AT: 7:00 PM
7:00 P.M. ADMINISTRATION
• VOTE TO ACCEPT OCTOBER 5,2005 MINUTES
MOTION: by Member Ivimey
SECOND: Member Westcott
VOTE: 5—0 MOTION CARRIES
• SET NOVEMBER MEETING DATES
November 9,2005 and November 16,2005. Member Westcott not available on Nov. 9 and Member Moore will
have to recuse himself from the Scituate Hill filing.
• DISTRIBUTE "EASTWICK BUILDING"DRAFT DECISION
No comments from Board on the draft. Building Inspector OK with work. Decision can be filed with Town Clerk.
• POWERS LANE -Member Ivimey noted that the paving is still not done. Building Inspector Egan to send
letter to Mr. Powers indicating that paving must be done immediately or Certificate of Occupancy will be revoked
or lien placed on property and that paving requirement must be disclosed to potential buyers.
• 154/156 KING STREET—DUNKIN DONUTS TRAFFIC ISSUES - Cars still taking left hand turns and,big
tractor trailer trucks parking on shoulder on both sides of Rt. 3A obstructing views and traffic in both directions.
7:30 P.M. FORM A—BEACH STREET, ATTORNEY RICHARD HENDERSON Attorney Henderson
represented Applicants Roger Lowe and Mary Granville. Henderson explained that this comprises 3 parcels of land
which were deeded to Lowe predecessors. Prior to 1955 each lot was subject of a single, distinct legal description.
One lot complies completely with current zoning,one lot complies under Section 8.3. Two lots are buildable with
17,000 SF left over. Henderson cited 8 1 L of Subdivision Control Law which states that conveyance of and taking
away from or changes in the shape of lots is permissible as long as lots have legal frontage and is not a subdivision.
Engineer John Cavanaro took 2 legal lots, did not change perimeter and created 2 larger lots from 3 smaller lots
each of which comply with statute. Parcel is the same parcel,with the same perimeter—the 2 lots are larger with
frontage.
MOTION: by Member Sturdy to approve this Form A Application
SECOND: Member Westcott
VOTE: 5—0 MOTION CARRIES
7:45 P.M ZBA RECOMMENDATIONS
- 11 BEECHWOOD STREET, SPECIAL PERMIT APPLICATION,APP: CHRISTOPHER MORAN,
date stamped: 10/19/05. Building Inspector Egan explained that this complies 99.9%with zoning except
for an overhang into the setback which does not comply and needs zoning relief. There is one abutter that
is not that close. Applicant will be working on the house while the application is with the ZBA.
MOTION: by Member Sturdy to recommend approval of this special permit application.
Planning Board Meeting 2 of 3
October 19,2005
SECOND: Member Westcott
VOTE: 5—0 MOTION CARRIES
8:00 P.M. FORM A—22 &34 BANCROFT ROAD, APP/OWNER: VINCENT& TRACY LONGO,
date stamped: 10/19/05 (21 day decision deadline= 11/08/05) Attorney Richard Henderson and Neil Murphy
represent application. Longo owns 3 legal lots according to bylaws,has purchased another piece of property, added
to the three lots he owns and divided it into two lots of 35,000 SF and a lot the same area as the original lot—
28,320 SF. Wants to raze existing 2 family home and rebuild on 2 lots. Member Moore noted that existing house is
on undersized lot and that applicant is really trying to borrow that right and use it on a new lot and questions
whether that can legally be done. Henderson said that permit and description of lots must be looked at and if they
comply with zoning at the time,the lines could be shifted within the perimeter of the land as long as each lot has
legal frontage and each lot complies with zoning or has the minimum area at the time the zoning change took place
(under 81L).Member Sturdy interpreted this as splitting the existing single dwelling two family home in half and
building two new single family homes out of it and that this is a stretch, suggesting making Lot#1 a buildable lot in
its own right.Member Ivimey not comfortable with this kind of boot strapping. Building Inspector Egan noted that
if ANR was endorsed he would have trouble issuing a building permit for a lot that does not have 35,000 SF as
required by the current standard. Member Sturdy wanted it noted in the record that he does not think Lot#1 is a
buildable lot nor does he think that splitting the existing dwelling in half entitles the applicant to build two single
family dwellings on two lots.
MOTION: by Member Sturdy to endorse the Form A—ANR for 22 & 34 Bancroft Road as a division of
land only but that Lot#1 is not a buildable lot.
SECOND: Member Pratt
VOTE: 5—0 MOTION CARRIES
8:15 P.M. 26 STANTON ROAD,PUBLIC HEARING,LARGE HOME REVIEW, APP/OWNER:
ANDREW®INA STANTON, date stamped: 09/29/05,(35 day deadline for public hearing=11/02/05) Member
Ivimey read public hearing ad. Regina Church,Engineer Neil Murphy and Architect Garry Gardiner present to
represent application. House built in 1969,pre-zoning. The previous approx. 2944 sq/ft living space dwelling
will be renovated/expanded to an approx. 4,690 SF sq/ft living space dwelling on a 19,669.19 SF lot in
the RB district. The existing 2,430 SF footprint will be expanded to 3,120 SF. The height to the peak is
26'. BOH indicated that the proposed 10 room house would require a septic system designed for five (5)
bedrooms. Existing septic system is designed for four(4)bedrooms and without deed restriction, a
building permit would not be approved by the BOH. Further,prior to issuing a building permit, the owner
must have a Title 5 inspection of the septic system completed to comply with the BOH regulations. This
is required because the living space is increasing by more then 1,000 SF. The applicant indicated that she
had filed a deed restriction on October 18, 2005. Site does not appear to have any Con Comm issues. A
"No comment"reply was received from Paul Shea. The applicants filed application for a special permit
filed with the ZBA. While the plans meet most setback requirements, the applicants are seeking relief for
an arc from front setback that runs through the garage for the 2nd floor level. On 09/07/05, the Planning
Board reviewed this Special Permit application and voted to recommend that the applicants request a
continuance, without prejudice, from the ZBA while filing for a Large Home Review. Applicant provided
average grades on architectural plans as requested in Town Planner Harrington.
MOTION: by Member Sturdy to recommend that Building Inspector Egan issue building permits for this
application.
SECOND: Member Pratt
VOTE: 5—0 MOTION CARRIES
9:00 P.M. CEDARMERE UPDATE/DISCUSSION Bill Gause&Jim Smalanskas,Leggat McCall in
attendance. Smalanskas handed out: status report of conditions of approval,dated: 10/19/05; plans for treatment
plant; and, A/C Sound data.
Treatment Plant: still located in originally identified spot. Bldg.will include equipment for treatment facility and
small area for snow plow/pickup truck. Goal is to have nice architecture but visually minimal. Tanks will be
located below ground which helps minimize size of bldg.
Planning Board Meeting 3 of 3
October 19,2005
#15: Norman Todd Road: no feedback from Selectmen yet re: redesign. Planning Board Admin. to send letter
to BOS encouraging them to take action of the redesign plans.
#62: Location& Specification of Air conditioners: Member Sturdy is concerned about noise within the
community as well as outside community from external A/Cs and would like specifications and more information
about location etc. Jim Smalanskas will provide specifications and other information to Planning Board.
#3: Revisions incorporated into plans: on-going.Any pending changes are minor revisions. John Modzelewski
agrees—not removing any trees that aren't necessary to remove, staying out of buffer,meeting spirit of the permit.
#7 CPB site visits: ongoing—generally occur every Wednesday
#8 Final As-built plans: will be provided when project is completed
#16: Priority selection for affordable unit purchasers: will be ready to work with Housing Partnership by Feb. '06
and Partnership should be fully functioning by Mid-06. Planning Board staff to send memo to BOS advising
them of these dates and asking them to name individuals to Housing Partnership.
John Modzelewski went over highlights of his 10/14/05 site visit noting that nothing is being done that should not
be done,they are clearing what they should and are able to explain what they aren't saving, and that a copy of plans
are being sent to him so he can check drainage and grading. Overall,he has seen everything he has asked for.
Member Moore sees issuance of building permits in degrees or phases as the construction progresses. Building
Inspector Egan agreed noting that the applicant can go to him for permits for clusters of 4 units as they progress
and he will consult with Planning Board if he thinks necessary. The applicants would like a permit for the 1 st
model unit,then move to single families, start foundations for affordable and Westerly House. They also need to
start treatment facility soon. Town Counsel offered opinion that building permits cannot be issued at this time as
they are tied to LIP application approval.Not all Planning Board members agreed.
MOTION: by Member Pratt that the Planning Board release entire Town Counsel 10/18/05 advisory to the
applicant(with opinions to BOS attached.)
SECOND: Member Westcott
VOTE: 5—0 MOTION CARRIES
Member Pratt spoke to Marilyn Contraras who noted that the Cedarmere project was on the edge of normal
practice. Pratt acknowledged that the LIP application was mishandled by the BOS but thinks the current rental
dispute is a different situation. He would like Planning Board,BOS and other appropriate parties to meet in joint
session to resolve the discrepancy regarding the"rental"concept. Member Moore does not think rentals were ever
considered. Member Westcott stated that this dispute is a problem created by the BOS and that the applicant's
progress should not be held back because of this—he suggests issuing permits. Members Moore and Pratt and
Building Inspector Egan will meet with Town Manager on Friday, 10/21/05.
MOTION: by Member Westcott to recommend that Building Inspector Egan begin issuance of permits for
the model unit and approved design of the treatment plant(V phase of construction) as he sees fit.
SECOND: Member Sturdy
VOTE: 3—2 MOTION CARRIES
MOTION: by Member Ivimey to adjourn.
SECOND: Member Westcott
VOTE: 5—0 MOTION CARRIES
MEETING ADJOURNED AT: 10:30 P.M.
NEXT MEETING: Wednesday, November 9, 2005, 7:00 P.M.
MINUTES APPROVED:
DATE: