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HomeMy WebLinkAboutMinutes - PB - 01/05/2005 Planning Board Meeting 1 of 5 January 5,2005 COHASSET PLANNING BOARD MINUTES DATE: WEDNESDAY, JANUARY 5,2005 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 Elizabeth B. Harrington, Town Planner Recording Secretary Present: Jo-Ann M. Pilczak Town Planner Present: MEETING CALLED TO ORDER AT: 7:10 PM 7:10 P.M. CEDARMERE UPDATE : Cedarmere has received groundwater discharge final approval. This should go a long way towards rendering the appeal mute. Member Moore asked Secretary to send copy of final approval to Board of Selectmen requesting that they discuss this and urge them to submit a LIP application to receive 40B credit. 7:15 P.M. FORMA -APPLICATIONS • 75 MEADOW LANE, APP: MEADOW LANE REALTY TRUST, OWNER: MEADOW LANE REALTY TRUST &LVH REALTY TRUST, date stamped: 12/29/04, 21 day deadline: O1/18/05. • 40 ATLANTIC AVE., APP: LVH REALTY TRUST, OWNER: SAME, date stamped: 12/29/04, 21 day deadline: O1/08/04. Stephen Bjorkland represented these applications. Although filed as two separate Form A's,he presented them at the same time. Taking a 50' strip off lot on Atlantic Avenue. Does not require access from Atlantic Ave. There is a deeded right of access. MOTION: by Member Ivimey to approve these Form A Applications SECOND: by Member Westcott VOTE: 4—0 MOTION APPROVED 7:30 P.M. 100 WHITEHEAD ROAD, LARGE HOME REVIEW PUBLIC HEARING, APP: JAY GRAHAM, OWNER: WHITEHEAD ROAD LIMITED, date stamped: 12/15/04. Member Ivimey reads public hearing advertisement. Application is represented by: Jay Graham,Applicant; John Cavanaro, Civil Engineer, Cavanaro Consulting; Jeannie Vanecko and Fred Soule,Architects,Vanecko, Ltd.; Dan Solien,Landscape Architect,Horiuchi Solien, Inc. John Cavanaro outlined the project: the goal is to revitalize this spectacular location and reestablish a shingle style residence on 2.3 acre island (above mean high water line, 3.0 acres at mean low water mark). Footprint of existing brick Georgian style home (in significant disrepair) is about 4,000 S.F. with garage. Existing lot coverage is about 17%. Proposed structure is same width and N/S orientation although the main house has been pulled towards the center of the island to create more useable backyard area and made slightly deeper. The proposed footprint with the garage and enclosed patios is about 6,000 S.F. (2%increase). Existing retaining walls will be extended. Increase in impervious surface around perimeter with retaining walls and patios goes from 13%to 17%. Total increase in impervious surface is from about 17%to about 23%. Lot is more Planning Board Meeting 2 of 5 January 5,2005 than double the amount required. Existing water electric service run under channel with service by an on- site septic system and will remain the same. Jeannie Vanecko addressed the house structure: House is in such disrepair, it is best to demolish and rebuild shingle style,unostentatious home that fits into the surrounding environment. Site is difficult to work because it is an island and private road must be crossed to get to site. Existing height is 29',proposed is 35'. Every effort to make the house sit into the landscape and not look so long. House will have cascading roof line to minimize massiveness of the proposed house which is slightly taller,wider,longer and deeper than existing structure. The fact that this house will be the centerpiece as the harbor is entered will be of prime consideration. Design team is looking into acceptable residential sprinkler systems. There is a 6"main to a hydrant on the island now. Dan Solien addressed landscaping: Ohlmstead name is associated with the landscaping—landscaping was designed by his company although after his death. Property landscaping needs updating,renovation and refinement.New design is similar to existing—driveway,turn circle to remain the same although driveway will be slightly wider to accommodate contemporary vehicles. Terrace to be added to back to offer owners more opportunity to enjoy the view. Rear are is not functional and will be changed to provide outdoor living area and provide secured area for children. Open to Public: David Calhoun,2 Sheldon Rd., commented that this appears to be a very well done and thoughtful approach to the property. Elizabeth Soutter Schwarzer, 90 Whitehead Rd., asked for what life will be like for neighbors during construction including noise,traffic,water shutdowns etc.,particularly during summer months when some of the properties are used as rentals to provide income. Bob Egan noted that this is unique in that it basically a commercial construction project and applicant has stated that he will reach out to and cooperate with neighbors and minimize disruption. Jeannie Vanecko noted that owners will be in Cohasset in February and plan to meet with design team and abutters to identify issues and ideas to accommodate neighbors. They plan to continue meeting with abutters on a monthly basis if needed. The will try to identify ways to get access to the site with minimal disruption to abutters which may include traffic control details, off site parking for crews,unloading of large load trucks onto smaller trucks,possibly bringing some materials in by barge, installation of temporary sound barriers. Abutters were asked to prepare and forward comments and concerns to the design team so they can be addressed and solved. Millie Thayer, 35 Whitehead Rd., asked about construction timeline and treatment of bridge. Jeannie Vanecko explained that the owner would like the project to begin ASAP,with owner taking occupancy in June,2006 (although entire property will probably not be completed by June,2006). Bridge is in bad condition,not structurally sound for PFD use and would need to be repaired even if the existing building was repaired instead of demolished and rebuilt. Design team is looking at options for a temporary approx. 6' high bridge over the existing bridge to allow construction truck access. New owner is willing to repair and restore the bridge to original state at his own expense. The owner of the original home has license to the bridge that stays with the property. Property line actually divides the bridge now. Current bridge width is 12' and will remain at 12' which John Modzelewski noted is good for residential driveway access. Tom Callahan, 35 Hillside Dr., asked for justification of more than doubling the square footage of the new constructin and how it fits into the character of the area and if 3-D models of the existing and proposed homes could be made so they could be superimposed on one another. Jeannie Vanecko noted that current house is 6,590 S.F. and that the owner's right to build a house that meets their requirements and that justification of the square footage is not up for discussion tonight and Member Moore noted that the Large Home Bylaw does not limit what someone can do with their property within the zoning bylaws. In terms of character,the outside of the house is not doubling as the inside is, footprint is only 2,000 S.F. larger than the existing. 3-D computer models exist. John Cavanaro noted that the existing footprint including patio and garage is approx. 4,000 S.F. and the proposed footprint including enclosed patio and garage is 6,000 S.F. Existing total square footage is just under 6,590 SY and proposed is 13,768 S.F. One abutter(name not identified)expressed concern that Cohasset does not have protection of historic homes and that this property is a landmark in Cohasset. Member Moore agreed that Cohasset does not have protection of historic homes but also noted that not all old, large homes are historic and worthy of preservation. Member Ivimey asked what area of the lot is always dry—2.3 acres is always dry and that is the number that all percentages are measured by. Member Pratt asked what the Planning Board Meeting 3 of 5 January 5,2005 design team needed to talk to Army Corp. of Engineers about to which John Cavanaro answered that anytime work is done below the mean high water line, the Army Corp. has to be consulted with regarding permits etc. Elizabeth Soutter Schwarzer, 90 Whitehead Rd., asked if blasting would be needed for basement and, if there will be a yacht docked on the property. Jeannie Vanecko indicated there will be no blasting,but there will be excavation for basement done by jack hammer. John Cavanaro indicated that a dock application is not part of this Large Home hearing but if a dock is planned,it will go through public hearings with appropriate committees. Jeannie Vanecko indicated that the owner is talking about docking a 35' power boat in the future and that the owner is planning full disclosure,with no hidden agendas. Unidentified abutter asked about spa near lagoon. Jeannie Vanecko indicated the spa will be in the ground, level with the ground and will be built into the existing grove, looking like part of the landscape. Charles Higginson, 159 Atlantic Ave. noted that this property was owned by Governor Long, a relative of his, and that there a voluminous records about the house and the property that can be made available to the design team for historical information. Mary Benedict, 15 Whitehead Rd., expressed concern about sewage as the house sits on rock. Jeannie Vanecko indicated that the existing system was reconstructed in 1997 and allows a 16 room capacity and that Dr. Godzik,BOH has been consulted regarding functionality of system and capacity. Laili Kafi, 35 Whitehead Rd. asked about the impact on the environment in terms of tree removal,marine life etc. Dan Solien indicated that is always approaches waterfront projects with the attitude that any tree saved is a benefit to all because trees are hard to establish along the waterfront. He indicated that on this property, there are some trees to be saved and some will be added and transplanted. Con Comm.will be reviewing all materials to be removed, added etc. Laili Kafi, 35 Whitehead Rd., also asked if windows will be overlooking the lagoon and beach? Jeannie Vanecko indicated that most windows are on front and back of property,not on sides overlooking lagoon and beach. Member Moore summarized that abutters concerns seemed to be more about impact during construction(there was no response when Member Ivimey asked if any abutters were concerned about view) and he asked that the Planning Board be kept informed about the project. Jeannie Vanecko indicated that the Planning Board will be invited to meetings and that a full list of contractors' names and phone numbers will be given to everyone. Michael Puzo, 83 Cross St.,Hingham, Attorney for the Thayers, asked that the hearing remain open until the first meeting between abutters and owner in February so that a schedule and conditions for the project are identified to help control the impact on the abutters. Member Moore suggested continuing the public hearing on 01/19/05 Planning Board Meeting and scheduling a site visit, open to the public, for Saturday, 01/08/05 at 12:00 NOON. Jeannie Vanecko asked abutters to put concerns in writing and forward them as soon as possible so they can be addressed on 0l/19/05 and keep the project moving. Member Westcott would like to further address performance of the septic and BOH discussions and runoff issues into the surrounding waters and also would like to obtain a statement of use as a single family home for the record. Member Pratt would like minor access to Town Counsel to examine this Board's overall purview regarding this project in terms of the preamble of the zoning bylaws in terms of retaining characters of neighborhoods in the town which in this case is the entrance to the historic Cohasset Harbor which has been there for over a century, feeling the Board owes it to the Town to examine this closely. Member Moore does not agree but does not see why the Board cannot address the bounds of the Large Home Review with Town Counsel but that the applicant should not be burdened with this expense. Member Ivimey agrees that some additional areas should be reviewed with Town Counsel and will act a subcommittee of one to contact Town Counsel. MOTION: by Member Westcott to continue the public hearing to 01/19/05 at time to be determined and to schedule a site visit,open to the public as well,for Saturday, 01/08/05 at 12:00 NOON. SECOND: by Member Pratt VOTE: 4—0 MOTION APPROVED 9:15 P.M. OX PASTURE LANE UPDATE Peter Baytarian, Attorney Robert Galvin present. Att. Planning Board Meeting 4 of 5 January 5,2005 Galvin explained that a tripartite agreement would require new financing with bank which will be very costly for applicant and again pointed out that it is up to developer to choose the for of surety offered. Currently,there are $1.5 million in lots available if the developer defaults which is a higher value than the cost of completing roadway work. John Modzelewski formal cost to complete is $85,000(subdivision and common drive)pointed out that he visited the site today,work seems to be on track and he is satisfied with the current progress if that offers a level of comfort to the Board. Building Inspector Egan noted that the big issue was the guardrail which is in place and that he too, is satisfied. Attorney Galvin noted that his estimate for the roadway,cul-de-sac,berm work from P.A. Landers is $22,000 which the developer would be happy to give right away as surety. Developer will get work done as soon as weather permits. For record, Member Ivimey pointed out that this"compromise" is not to be considered a defacto extension of any of the deadlines, extensions or requirements set forth in recent documents. Date for completion has been set for 06/15/05. Attorney Galvin noted that the developer fully intends to do what has been outlined for him to complete or not receive and lot releases. He further noted that the addendum to the Homeowners' Agreement is with Town Counsel Hucksam for review,will be recorded when the approves it and evidence that it has been recorded will be given to the Planning Board. Member Pratt asked what the balance is of the items that are not complete—John Modzelewski indicated it is basically the top course of bituminous concrete for the whole roadway, granite edging on curbs so if everything fell apart, $85,000 will not be necessary to go after. Developer plans to complete subdivision and ask for all lot releases. Member Pratt asked John Modzelewski to look at the open space in the guardrail. Member Moore summarized that the lots will be held as surety and that Mr. Baytarian will be before the Board on 06/15/05 or sooner and will communicate with John Modzelewski regarding the roadway construction. HIGHLAND ESTATES—CONTINUED PUBLIC HEARING Applicant requested to be taken off tonight's agenda and rescheduled for 01/19/04 154/156 KING ST.—UPDATE Applicant requested to be taken off tonight's agenda and rescheduled for 01/19/04 9:30 P.M. ZBA RECOMMENDATIONS • 163 & 171 SOHIER ST., SPECIAL PERMIT APPLICATION,APP: RAYMOND JAMIESON & CHRISTINA RAFFA, date stamped: 12/21/04. Applicants seek to amend Variance 94-05-02 at 163 & 171 Sohier St. MOTION: by Member Ivimey to recommend that the ZBA approve this application for reasons stated in the applicant's letter to Planner Harrington dated 10/07/04. SECOND: by Member Westcott VOTE: 4—0 MOTION APPROVED • 226 CHC HWY, SPECIAL PERMIT APPLICATION,APP: JOSEPH ROSANO, date stamped: 12/21/04. Applicant seeks change of use&flood plain relief. Member Moore noted that the Planning Board is not in a position to give a quick answer on this matter. The applicant is actually seeking relief for commercial use in a residential zone. Member Ivimey felt this should go before Town Meeting to rezone it as commercial/mixed use since Town Meeting originally zoned as residential. MOTION: by Member Westcott to recommend that the ZBA approve this application SECOND: by Member Pratt VOTE: 2-2 10:30 P.M. ADMINISTRATION • Member Pratt to talk with Mike Buckley and contact DeRensis re: Cook Estate • DENIRO'S LIGHTING MODIFICATION - Bob Egan explained to the Board that there have been very slight modifications to the lighting plan approved by the Board for the DeNiro's site. For the most part it involved DeNiro's putting up their own light poles. Photometric plan remained the same. MOTION: by Member Pratt to approve the modified lighting plans SECOND: by Member Westcott Planning Board Meeting 5 of 5 January 5,2005 VOTE: 4—0 MOTION APPROVED Letter to be sent to David Sorgman, By Planning Company,Inc., informing him of this approval of the modified plans • NEW PLANNING BOARD FEE SCHEDULE—VOTE TO ADOPT MOTION: by Member Pratt to adopt new fee schedule as of 02/01/05 SECOND: by Member Westcott VOTE: 4—0 MOTION APPROVED • CLERK'S CERTIFICATE &PLANNING BOARD CERTIFICATE FORMS—VOTE TO ADOPT MOTION: by Member Ivimey to adopt both forms SECOND: by Member Pratt VOTE: 4—0 MOTION APPROVED • DISCUSSION—SUBDIVISON RULES&REGULATIONS Discussion postponed until Member Sturdy and Town Planner Harrington are present. • DISCUSSION—REQUESTS FROM PUBLIC TO BE NOTIFIED OF FILINGS,ACTIVITY ON PROPERTIES ETC. Members of public often call or write and ask Planning Board Staff to notify them if there are any filings or other activity on a specific property that may or may not abut their property. A recent request was from a woman who moves between Cohasset and Florida all year. She wanted to be notified of any activity on the property next to hers and asked that the staff notify her in writing or by phone in both Cohasset and Florida. In general,members of the Board felt this was difficult for the staff to remember to check files for such requests and was potentially an issue if the staff overlooked a request. It was felt that it would be better for the person to ask a neighbor to contact them when notices of public hearings etc.were received by abutters. Member Ivimey will draft a letter that the Planning Board can send when such requests come in. MOTION: by Member Ivimey to adjourn SECOND: by Member Westcott VOTE: 4—0 MOTION APPROVED MEETING ADJOURNED AT: 10:20 P.M. NEXT MEETING: January 8,2005 at 12:00 P.M.—NOON—AT 100 WHITEHEAD ROAD MINUTES APPROVED: DATE: