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HomeMy WebLinkAboutMinutes - PB - 03/09/2005 Planning Board Meeting 1 of 3 March 9,2005 COHASSET PLANNING BOARD MINUTES DATE: WEDNESDAY, MARCH 9,2005 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: Elizabeth B. Harrington MEETING CALLED TO ORDER AT: 7:05 PM 7:05 P.M. FORM A'S No Form A's were submitted 7:05 P.M. ADMINISTRATION • LETTER SUBMITTED BY ATTORNEY WALTER L. SULLIVAN RE: SECTION 14 AS APPEARING IN THE COHASSET ZONING BYLAW BOOKLET. Town Planner Harrington explained error in Section 14 as pointed out by Attorney Sullivan. MOTION: by Member Ivimey to correct error in next printing SECOND: by Member Pratt VOTE: 3 -0 MOTION APPROVED Member Moore requested that a letter be sent to Attorney Sullivan acknowledging receipt of his letter,noting that the error will be corrected in the next printing. Attorney Sullivan did attend the meeting, arriving around 9:00 PM at which time his letter was acknowledged and the planned corrections were noted. Since this was verbally transmitted to him, a letter will not be sent. • OX PASTURE LANE. Town Planner Harrington noted that there is still the outstanding issue of agreement to fixing the roadway after construction if necessary. Town Counsel Hucksam advised that it should be a modification(new condition)to the subdivision approval. Harrington would like to be proactive and have John Modzelewski inspect the site as 06/15/05 deadline is only 3 months away. Member Ivimey felt it is the Baytarian's responsibility to call the Planning Board when ready for inspection. Member Moore requested that Harrington send a letter to Baytarian requesting him to submit a schedule for the remaining punchlist items to be completed by the 06/15/05 deadline. • RICHARD CAMPBELL,792 JERUSALEM ROAD—ANR. Town Planner Harrington noted that Mr. Campbell sent a letter to the Board on 03/02/05 requesting action/response from the Board or he will restart litigation. Member Ivimey noted that Mr. Campbell has never contacted him as he was directed to do.Member Ivimey will call Mr. Campbell tomorrow, 03/10/05. • TIP PROCESS/MAPC REGULATIONS. Town Planner Harrington noted she sent a memo to Town Manager Bill Griffin re: TIP process. She further noted that the 02/18/05 MAPC letter addressing the MAPC regulations for 40R, citizen comments etc. She noted that this hones in on the difficulties in using the new regulations and potential pitfalls and that the regulations are on the MAPC website. She would like to discuss in the future to see if it would be helpful to Cohasset. • WARRANT ARTICLES REPORT TO TOWN MANAGER. Town Planner Harrington noted that Town Manager Bill Griffin requested a memo summarizing the Board's votes on the ATM Warrant Articles with the final versions attached by tomorrow, 03/10/05. Harrington confirmed final versions with Tom Callahan.Board Planning Board Meeting 2 of 3 March 9,2005 agreed to final versions. Harrington will summarize and sent to Town Manager on 03/10/05. • "REQUEST FOR NOTIFICATION"REPLY MEMO FOR REVIEW&APPROVAL.Planning Board Administrator presented draft of letter to be sent to anyone requesting to be notified of any activity on specific properties. MOTION: by Member Pratt to accept draft as presented to Board. SECOND: by Member Moore VOTE: 3 -0 MOTION APPROVED • 02/23/05 PLANNING BOARD MINUTES—VOTE TO APPROVE MOTION: by Member Ivimey to approve/accept 02/23/05 minutes. SECOND: by Member Pratt VOTE: 3 -0 MOTION APPROVED 7:30 P.M. ARTICLE 30 (SECTION 18), DEMOLITION OF HISTORICALLY SIGNIFICANT BUILDINGS WARRANT ARTICLE,PUBLIC HEARING. Clerk Ivimey read public hearing advertisement. Tom Callahan, 35 Hillside Dr. and Nathaniel Palmer, 9 Little Harbor were present to represent the article. Callahan noted that since scenic roads article was withdrawn, this article will now be"Section 17". Palmer noted that small changes have been made to correct vagueness but no substantial changes have been made. This is now comes forth as a zoning bylaw rather than a general bylaw and is designed to promote preservation rather than prohibit demolition. "List"of affected houses does not yet exist,but is being worked on. Member Westcott does not think this will pass without such a list. Callahan noted that this probably affects some 90 of the approximate 200 homes that are>100 years old. Member Moore and Dave Calhoun, 2 Sheldon Road adamantly stressed that it is wrong to put restrictions on someone's property just because it is 100 yrs. old and that this article is a burden on the property owner to go through and pay for a public hearing as well as wait 6 months before they can act on their property. Calhoun felt this warrant article was initiated by the Historical Commission and they therefore should bear the burden of proving and paying associated costs. Member Westcott pointed out that it does not prevent people from doing something to their property, it only delays action for 6 mos. so they may think of other things to do with it. Member Ivimey put this is the category of preservation of the town character that is on everyone's mind and that this comes with a price,in this case, waiting 6 months before demolishing a structure. Further,he felt that if people move here because they want the quaint,New England, seaside character,the Board owes it to the townspeople to try to preserve that character. Member Ivimey also did not like the word"required"in the last sentence of 18.3.4 and would like it removed or changed. Others felt the word"required"is what makes this article work. Member Westcott suggested putting the burden of looking for and suggesting alternatives on the Historical Commission.Agreed to changes summarize as follows: • All Section"18"references to be changed to Section"17" • In Section 18.2 (17.2), the word"structure"will be deleted from definitions—in total, 3 times. • Section 18.3.2 (17.3.2)Long introduction to be added to beginning—"The Building Inspector shall initially determine if a building is a potentially Regulated Building, either by inclusion on a federal, state or local register or by reason of age. Any building the age of which cannot be reasonably determined by the Building Inspector shall be referred to the Commission. If then referred to the Commission,within thirty(30) days,the Commission shall hold and conclude a public hearing ..." • Section 18.3.2 (17.3.2)last sentence: add"close of the"before public hearing • Section 18.3.2 (17.3.2)add to existing line 2 shall hold"and conclude"a public ... • Section 18.3.4(17.3.4) change"required"to"expected" MOTION: by Member Pratt to recommend approval of this Warrant Article to Town Meeting as amended by the applicants and the Board at this meeting. SECOND: by Member Westcott VOTE: 3—1 MOTION APPROVED (Member Moore not if favor) 8:30 P.M. 150 NO.MAIN STREET LARGE HOME REVIEW—CONTINUED PUBLIC Planning Board Meeting 3 of 3 March 9,2005 HEARING Applicant not present. Approx. 6 abutters present. Public had nothing new to add for the record. MOTION: by Member Ivimey to close the public hearing. SECOND: by Member Westcott VOTE: 4-0 MOTION APPROVED All Board members agreed that there are many zoning issues related to this application and that the issues are well summarized in Town Planner Harrington's 03/08/05 memo and Attorney Richard Henderson's 03/08/05 letter. For the record, it was noted by Rita Kuolas, 140 No. Main St. that work to create the partition for the 4th apartment was begun in February,2005. Only three(3)more letters from public were received, including Henderson's, and were stamped in. MOTION: by Member Ivimey that the Planning Board recommend a non-issuance of a building permit with the strongest possible wording of the issues outlined in Town Planner Harrington's 03/08/05 memo and Attorney Richard Henderson's 03/08/05 letter as well as the issues regarding zoning, massing, detrimental effect(non-harmonious) on the existing neighborhood,parking and safety issues, etc. discussed at this meeting and noting that the applicant has not really addressed all of these concerns and issues and that the applicant has not produced evidence to support the applicant's claim that this property has been a multi-family building which predates zoning. Further,Town Planner Harrington will present a draft decision to the Planning Board at the 03/23/05 Planning Board Meeting which will included attachments of documents such as Harrington's and Henderson's letters so the ZBA and the Building Inspector will have detailed background information regarding all the issues in their records. SECOND: by Member Westcott VOTE: 4-0 MOTION APPROVED Member Moore would also like to send letter to ZBA to set date to meet and discuss the issues relating to the past ZBA approval of a 3rd apartment. Member Westcott also expressed concern about the applicant's selective and creative interpretation(in his favor)of the zoning bylaws in regard to his rights to do a project of this scale in this neighborhood which have ultimately been a waste of time and effort of many people. Member Moore highlighted the ridiculously small lot size as being the biggest starting issue. Member Ivimey would like to have it pointed out that the Board wholeheartedly rejects the applicant's claim that this application did not have to go through this large home review process,that he does not need a special permit and that he is grandfathered in to do whatever he wants. Member Pratt pointed out that this draft will be a public document and that he will forward bulleted points to Harrington that he would like to be sure are included. MOTION: by Member Ivimey to adjourn SECOND: by Member Westcott VOTE: 4-0 MOTION APPROVED MEETING ADJOURNED AT: 9:30 P.M. NEXT MEETING: March 23,2005 at 7:00 P.M. MINUTES APPROVED: DATE: