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HomeMy WebLinkAboutMinutes - PB - 05/25/2005 Planning Board Meeting 1 of 4 May 25,2005 COHASSET PLANNING BOARD MINUTES DATE: WEDNESDAY, MAY 25,2005 TIME: 7:00 PM PLACE: COHASSET TOWN HALL—BASEMENT MEETING ROOM 41 HIGHLAND AVENUE, COHASSET,MA 02025 Board Members Present: Alfred Moore, Chairman Peter J. Pratt,Vice Chairman Stuart Ivimey, Clerk Mike Westcott Board Members Absent: Robert H. Sturdy Recording Secretary Present: Jo-Ann M. Pilczak Town Planner Present: MEETING CALLED TO ORDER AT: 7:15 P.M. 7:15 P.M. FORM A'S • 22 WOODLAND DRIVE,APT: CAROL ANNACONE, OWNER: BARRY,MARGARET TUFTS, date stamped :05/05/05. (21 day decision deadline: 06/14/05). Giving of 2 small pieces of land.No new lots created. MOTION: by Member Pratt to approve this Form A. SECOND: Member Ivimey VOTE: 3—0 MOTION APPROVED • 20 BOW STREET,APT: WILLIAM&KATHRYN MORGAN, OWNER: FRANK&DONALD WHITE, date stamped: 05/02/05. (21 day decision deadline: 06/14/05). 28' mistake made in getting setback. Adding a small triangle of land to correct the error. MOTION: by Member Ivimey to approve this Form A. SECOND: Member Pratt VOTE: 3—0 MOTION APPROVED • 139/145 BORDER ST. APP: JEFFREY&KATHLEEN KRUPA, OWNER: FRIED BLOSSOM, date stamped: 05105105. (21 day decision deadline: 06/14/05). Setback was from easement line,not property line. Foundation has already been poured. Received special permit from Zoning to make buildings and lot lines less non- conforming on condition that Planning Board sign a Form A plan. It is a non-conforming situation,but less non- conforming than previously. Deck must be removed if sold. MOTION: by Member Ivimey to approve this Form A. SECOND: Member Pratt VOTE: 3—0 MOTION APPROVED 7:28 P.M. CEDARMERE—R.HENDERSON—SIGN LITIGATION RELEASE FORMS Not done. Richard Henderson wants to reconsider. Planning Board may not have right to release the Town. 7:30 P.M. 21 DEEP RUN, LARGE HOME REVIEW PUBLIC HEARING,APP/OWNER: ROBERT LEGGAT & SARA WEATHE, date stamped: 05105105. (35 DAY DEADLINE FOR START OF PUBLIC HEARING=06/08/05). Clerk Ivimey read public hearing advertisement. Mr. &Mrs. Leggat and Architect Chris Deursay present to represent application. No change to grade. No blasting of ledge planned. Footprint expands back by 5' on left side of house and 12' on right edge of house. Middle portion of house to have second floor added. Max. height will reach 29.6'. Existing house has been added on to over the years. Garage is non- conforming and close to lot line but will not be changed. Member Ivimey questioned changes in drainage— applicant does not expect any changes in drainage. Abutter AnneMontague,26 Deep Run, questioned the concept of"harmful and injurious"to the neighborhood as she felt that the expansion is not necessarily harmonious with the original plan for the neighborhood. Direct abutter Beverly Kozwick,25 Deep Run,noted that foliage between her Planning Board Meeting 2 of 4 May 25,2005 house and the Leggat's home to shield one from the other has been totally removed over recent years so the backyards are totally exposed to one another with total lack of privacy. She requested that the Leggat's consider planting 12-15' trees to return some shielding between the homes. Mr. Leggat indicated he planned some planting but had intended to leave the area open enough so he had a view of the ledge rock between the properties. Member Pratt felt strongly that the parcel square footage needed to be added to the submitted plans. Member Ivimey felt the plans are an improvement to the existing situation and that a recommendation to issue building permits should be made. Ed Lappen, 18 Deep Run, stated concern about an increase in drainage as his property is downstream of the Leggat property. MOTION: by Member Ivimey to recommend the issuance of building permits to the Leggats for the proposed construction of an addition to the existing dwelling at 21 Deep Run subject to: • the inclusion of the square footage of the lot and the setbacks on the final plans (as required by regulations)submitted to the Building Inspector and, • the applicant being required to make every effort to meet with the abutters to work towards preserving the privacy of the neighbors. SECOND: Member Westcott VOTE: 4—0 MOTION APPROVED 8:15 P.M 6 DEEP RUN, LARGE HOME REVIEW PUBLIC HEARING, APP/OWNER: MICHAEL& KRISTYN STEVENS, date stamped: 05/03/05. (35 DAY DEADLINE FOR START OF PUBLIC HEARING=06/06/05). Clerk Ivimey read public hearing advertisement. Applicant Mike Stevens; Architect Henry Arnaudo, HPA Designs; Bill Buckley,Bay Colony Group; Ken Smith, Atlantic Blasting,present to represent the application. Plans are to raze the existing house and build a new, approx. 4,400 SF, classic shingle style home. New home will be closer to Jerusalem Rd. Design goal has been to minimize the impact on the neighborhood by keeping height and depth to a minimum thereby keeping the massing down and by building into the topography of the lot. Average height is 31.3' from mean point of roof to average grade (44' to top of ridge). Meets all dimensional and height requirements. Overall,will be 17' higher than existing home. Basement and first floor will be raised due to ledge and drainage. Will require blasting to accommodate a basement for mechanicals. Blasting will be done over approx. 2 weeks because low level charges will be used so as not to cause damage to neighbors. Abutters: Anne Montague, 26 Deep Run; Ed Lappen, 18 Deep Run; and, Beverly Koswick,25 Deep Run expressed serious concern about blasting because of damage they experienced during the blasting at the Roy property even though they were beyond the State distance limits and Lappen(direct abutter)is concerned about potential damage to his swimming pool. Ken Smith agreed that the pool is a major consideration but that they are comfortable since they are planning to use low level charges. Abutters asked if mechanicals could located elsewhere in the plans so that basement/blasting are not necessary. Member Westcott asked applicant if he would consider a redesign or relocation of the house to eliminate/reduce the need for blasting. Mr. Stevens indicated that he would not want to move the house as he does not care to be closer to Jerusalem Road and that the cost of blasting in relation to the whole project is not that much. Member Pratt posed the option of chipping instead of blasting—Ken Smith responded that ledge is very hard and doesn't react well to chipping. Architect Arnaudo stated that to avoid the need for blasting,the house could be raised. Member Moore noted that in regards to the damage, in the real world there are not any guarantees against problems and that the Planning Board cannot give guarantees about damage from blasting. Building Commissioner Egan noted that if this was just a rebuild with blasting—not a large home review—the Fire Department would be in charge of the blasting considerations. Members Moore and Pratt would like John Modzelewski, Capt. Trask and Chief Lincoln to be at next meeting to discuss the blasting concerns. Member Pratt also asked if neighbors' views will be obstructed or diminished if the new home is 17' higher than existing. Mr. Stevens noted that the house sits lower than the other houses and Henry Arnaudo noted that the house is modulated and broken up so there is never a 35' solid obstruction to views. Anne Montague,26 Deep Run, felt the view while entering and exiting Deep Run will be lost and that putting this sizeable house on the corner is not harmonious with the existing neighborhood and original design plan for the neighborhood which was to have smaller houses at the entrance to Deep Run,with houses increasing in size further into Deep Run. Member Moore again questioned the impact on drainage with the increase in coverage. Bill Buckley noted that the contours and grades are changing very little and that the water will still flow down the site into drains and catch basins on the front and back of property. Member Moore further noted that the sewer will be running on that side of Town. Buckley noted that the applicant will use the existing cesspool and then connect to Planning Board Meeting 3 of 4 May 25,2005 sewer and,there is an approved septic plan now. Ed Lappen, 18 Deep Run,wanted it noted in the record that the applicant has been very cooperative in contacting and speaking with neighbors. MOTION: by Member Ivimey to continue the public hearing to June 8,2005 at approx. 8:15 P.M. SECOND: Member Pratt VOTE: 4—0 MOTION APPROVED (MEMBER IVIMEY HAD TO LEAVE MEETING AT THIS POINT) 9:15 P.M. 17 JERUSALEM LANE, LARGE HOME REVIEW CONTINUED PUBLIC HEARING, APP/OWNER: DAVID &ELIZABETH HAIGHT, date stamped: 04/13/05. (35 DAY DEADLINE FOR START OF PUBLIC HEARING=05/17/05). Mr. &Mrs. Haight and Architect Bruce Auchincloss present to represent the application. No viable alternative for the stairs. Great effort has been put into building into the sloping ledge. Abutters feel the plans presented are in improvement,not a detriment. Building Inspector Bob Egan noted that a special permit is required because of the extension into the existing non-conforming setbacks and a variance will be needed as the new entry stairs on the east of the garage create a new non-conformity. Further,he noted that the road is probably not a public way as accepted at a Town Meeting so the issue of the intrusion on the road is probably not an issue. For the record,Member Westcott expressed concern about the increased mass and size and increase of the non-conformity although he felt this concern was somewhat mitigated by the fact that abutters and neighbors look favorably upon the plans. MOTION: by Member Pratt to recommend to the Building Inspector that short of the necessary zoning relief,a building permit be issued for the design as proposed at 17 Jerusalem Lane and, to recommend to the ZBA that, given the conditions existing on the parcel and the potential negative impact to the neighborhood of reasonable stairwell alternatives,zoning relief be granted for the stairwell on the east side as proposed. SECOND: Member Westcott VOTE: 3—0 MOTION APPROVED 9:30 P.M. ZBA RECOMMENDATIONS • 247 FOREST AVE., SPECIAL PERMIT APPLICATION, APP: WILMARC CHARLES, OWNER:RENATA KLUZA, date stamped: 05/11/05. Applicant is seeking a special permit for the first 7 ft. on the W side of the house(bordering Forest Ave.) which is being increased in height and is already within the setback, and, for the garage he proposes to build on the south side of the house which will also be within the setbacks. The additions also trigger the need for a Large Home Review. MOTION: by Member Westcott to recommend that the ZBA not grant any special permits for this application until the applicant appears before the Planning Board for a Large Home Review(which is on June 8,2005 Planning Board Agenda). SECOND: Member Pratt VOTE: 3—0 MOTION APPROVED • BEECHWOOD ST./HIGHLAND ESTATES, SPECIAL PERMIT APPLICATION, APP: ANTHONY &HELAINE NADER, date stamped: 05/05/05. Where Highland Avenue meets Beechwood Street is not in the FEMA floodplain but is in the floodplain referenced in the back of the old(1969)zoning map which is still referred to in the Zoning Bylaw even though the map is no longer used and has been(probably) superceded by the FEMA map. The question is whether the applicant needs to follow the old map which requires him to get a special permit in which case,he would like the special permit or, if the ZBA considers the old map nonexistent,not requiring the applicant to seek a special permit, in which case he would like to proceed without it. Building Inspector Egan expressed the opinion that in the near future the old map should be disregarded and the language in the bylaw changed. However, since the language does exist at this time, it should be followed and applicant should be required to seek the special permit. The Planning Board reiterated past concerns about drainage and flooding in this area and that it should be reviewed for a special permit by the ZBA to protect both the Town and applicant. MOTION: by Member Westcott to recommend to the ZBA that the referenced map is probably not longer valid and the language in the bylaw should be changed in the near future(so that it does not refer to a map that no longer exists) but that until then,the existing bylaw should be followed and the applicant should be required to obtain a special permit. SECOND: Member Pratt Planning Board Meeting 4 of 4 May 25,2005 VOTE: 3—0 MOTION APPROVED 10:00 P.M. 150 NO.MAIN ST., SPECIAL PERMIT CONDITION Agenda item not covered.No information from John Modzelewski based on site visit. Applicants not in attendance. 10:00 P.M. SO. SHORE COALITION UPDATE Peter Pratt gave a quick rundown of the meeting he attended. Noted that Town is not sitting at the table in terms of forcing the Commonwealth to signalize Rt. 3A to mitigate for Greenbush. Two bike trail people for the Commonwealth from MAPC saying that Fed. Gov. is demanding that the Commonwealth spend millions of dollars more for bike trails in Eastern Mass, asking the attendees for suggestions. Pratt suggested that Cohasset and Scituate have paid grant money to a layout for "trails with rails"and that this might be the time to build this with the Federal monies. Whole right of way along the rail line could be turned into "trials with rails"that go off into other places like Wompatuck park. There are also separate pools of money to spend. Pratt suggested that Town Planner Harrington work with other Town Planners to get a report to justify getting money for Rt. 3A. Duxbury has different priorities—don't want studies,want an upgraded intersection. Cohasset needs the study to get the money while making Duxbury happy. Signalization on Rt. 3A and money for bike trails are the two issues where money needs to be spent. Member Pratt will get memo out to everyone detailing this whole issue. 10:30 P.M. ADMINISTRATION • VOTE TO ACCEPT 05/11/05 MINUTES MOTION: by Member Westcott to approve 05/11/05 minutes. SECOND: Member Pratt VOTE: 3—0 MOTION APPROVED MOTION: by Member Westcott to adjourn. SECOND: Member Pratt VOTE: 3—0 MOTION APPROVED MEETING ADJOURNED AT: 10:35 P.M. NEXT MEETING: Wednesday, June 1,2005 at 7:00 P.M. MINUTES APPROVED: DATE: