HomeMy WebLinkAboutMinutes - PB - 01/01/2007 Planning Board Meeting 1 of 4
October 24,2007
COHASSET PLANNING BOARD MINUTES
DATE: WEDNESDAY,OCTOBER 24,2007
TIME: 7:00 PM
PLACE: COHASSET TOWN HALL— BASEMENT MEETING ROOM
41 HIGHLAND AVENUE, COHASSET,MA 02025
Board Members Present: Alfred Moore, Chairman
William Good,Vice Chair
Stuart Ivimey, Clerk
Mike Westcott
Board Members Absent: Robert Sturdy
Recording Secretary Present: Jo-Ann M. Pilczak
MEETING CALLED TO ORDER AT: 7:05 P.M.
7:05 P.M. 230 SOHIER STREET (FORMER COOK ESTATE)RESIDENTIAL CLUSTER
DEVEL. DISTRICT APPLICATION, DECISION REVIEW, APPL: ABBOTT DEVELOPMENT.
Attorney Richard Henderson and Robert Durant,Abbott Development in attendance. Henderson took 10/22/07
draft decision and incorporated all comments received for review at this meeting.
1. Correction to plan title
2. Correction of authorized activities must be started with two(not one)years
3. John Modzelewski wanted citations to his letters removed from the conditions
4. Town Counsel Richard Hucksam deleted"prior to endorsement"anytime it was mentioned, and change to"prior
to approval" and references to Subdivision Control Law**
5. Changed main entrance width from 22' to 24'
6. Lighting changed from "not be cast off premises"to"to achieve 0 foot/candles ... residential property lines"
7. Corrected Ch. 183 citation to Ch. 183A on page 11
8. All typos/edits outlined by Planning Board Administrator on pp. 1-5
** Henderson agrees that the application is processed under Section 10,but wanted to cite the statute that was the
authority allowing convenant as promise that the work will be done and to reference to the Board's power to waive
non-compliance. Town counsel wanted to make sure it is clear that the Board is granting a special permit for a
residential cluster, so he focused it on special permit bylaw and removed references to subdivision as it is
appropriate to reference how the approval was granted. Page 8 of decision Section III, (a), 9—all agreed to: in
second to last line, change Law to"Laws."(delete reference to specific laws).
9. John Modzelewski also noted that"the Board notes that the(drainage) system has been examined and approved
by the Board's engineer"and would like language added to the effect"provided that the engineering conditions
contained herein are met".
7:30 P.M. ZBA RECOMMENDATIONS—Building Inspector Egan in attendance to explain each application.
Member Moore mentioned that the ZBA has commented that the Planning Board does not take these applications
and recommendations seriously,had not researched etc. Moore mentioned that it would be helpful to have the
applicant at the Planning Board meeting to answer questions etc. so board could make a more informed decision.
• 66 NICHOLS ROAD, PAMELA IRELAND&MICHAEL MELLONE - SPEC. PERMIT APPL.TO
CONSTRUCT ADDITION WITHIN SETBACKS - site plan shows there is a portion of the house—9'6"from
the sideline so it already intrudes into the setback as it should be 15' from the sideline. Applicant wishes to put
addition that will be no closer than the existing portion of the house so they are continuing the non-conformity.
Westcott did not see why they had to continue the non-conformity. Good pointed out that in previous applications
of this sort approval was recommended if a pre-existing,non-conformity was being continued.
MOTION: by Member Good to recommend that the ZBA approve this special permit application
SECOND: Member Moore
VOTE: 3-1 MOTION CARRIES
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October 24,2007
• 198 JERUSALEM ROAD, EILEEN CRAVEN(6 Nichols Road) —APPEAL OF BUILDING
COMMISSIONER'S DECISION- Jenkins have large enough piece of property that they leased a portion of it to
the company doing the sewer project to use as a staging area—has been paved to keep dirt level down. Building
Inspector Egan said a municipal project is allowed in a residential district whether permanent or temporary so he
considered it an allowed use. Land will be restored to its original state when sewer is completed. Good noted that
everyone had recommended the Sandy Beach parking lot for this municipal staging area,but because of storms and
the fact that the lot is needed during the summer months,it did not make sense to put this two year project there.
Good further noted that it is unfortunate that this can be seen from 6 Nichols Rd.,but the end result is that the area
will be sewered and this area will be returned to its original state when the project is completed. Good recommends
this site as being safe and appropriate for a two year period and the Building Inspectors decision should be upheld.
MOTION: by Member Ivimey that the Planning Board communicate with the ZBA and tell them there is
not sufficient information provided in the documentation given to the Planning Board to render a decision
and that the Planning Board encourages the ZBA to require the applicant to appear before the Planning
Board to review this matter and requests the ZBA not to take any action until the Planning Board has the
opportunity to delve into this further.
SECOND: Member Westcott
VOTE: 4—0 MOTION CARRIES
• 609 JERUSALEM ROAD, HEIDI CONDON, SPEC.PERMIT APPL. TO BUILD ADDITION TO
EXISTING HOUSE,DEMOLISH EXISTING BARN, CONSTRUCT NEW GARAGE—Existing old barn is
very close to lot line. Proposal is to demolish old barn and build a two car garage. Existing barn is inches from lot
line while proposed garage will be about 6' from lot line which,while still in setback, is an improvement in terms
of distance from lot line and in terms of removal and improvement of a seriously deteriorated building. Member
Good pointed out that neighborhood and particularly abutter would benefit from this improvement.
MOTION: by Member Good to recommend that the ZBA approve this special permit application
SECOND: Member Westcott
VOTE: 3 -1 MOTION CARRIES
7:55 P.M. 132 CJC HWY.—TRANSIT OVERLAY DISTRICT SPECIAL PERMIT AND SITE PLAN
REVIEW APPLICATIONS CONT'D PUBLIC HEARING, APPL: CONNELL COHASSET GREENBUSH
LLC, date stamped: 08/15/07 In attendance: Connell Cohasset LLC—Shane Connell, Duane Connell,
Geoffrey Wolf, Carlton Blake,Brian Healy; Cubellis—Chris Ladd,Zachary Basinski, James Kubat; Rizzo
Associates: Rick Bryant, Grant Alexander. Member Sturdy unable to attend meeting. Connell was comfortable
proceeding without Sturdy. Town Counsel noted that vote of approval would require a unanimous vote of the
remaining 4 members.
Geoffrey Wolf: Connell had conversations with John Modzelewski and revised plans were submitted to
Modzelewski and to the Planning Board office. Revisions include/addressed: issues raised by the Fire Dept.;water
supply was changed;moved several road angles to improve turning radii;moved garage spaces on right hand side
of site to improve site for fire traffic by giving up two garage spaces and by moving garage into the 50' wetland
buffer line; met with ConComm on October 18 -ConComm approved the plan including the incursion into the
buffer, landscaping and, signed off on the project; added fire hydrant; changes to utility design—water supply, fire
hydrant, location of utility and fire control panels;traffic flow pattern changes—turned road behind the building
into one-way,moved the parking around,relocated the truck loading area for the retail space, changed front
driveway entrance; parking next to bank pad changed so entrance is out of way. Member Good: controlled main
exit is safer and more advantageous for Rt. 3A and for incoming traffic to the train station versus having the second
exit lane. He believes majority of exiting train traffic will be turning left onto Rt. 3A to go south and that second
exit lane so close to the main entrance/exit has a negative impact and isn't needed. Wolf believes the exit will be
sufficiently angled so that, other than use by fire engines(which is one reason they left it in the plan) drivers would
not be inclined to try to use it They could put up a"NO EXIT BETWEEN 7& 9 AM"sign.
Rick Bryant,Rizzo Assoc: had some of the same concerns as the Board. MBTA has constructed a deceleration
lane to enter MBTA station and Rizzo Assoc. felt this exit onto Rt. 3A into the decel lane was not a good idea.
They tried to talk MBTA into eliminating the decel lane as Rizzo felt it was not necessary. The exit does improve
on-site circulation,but with the decel lane,Rizzo is on the fence about having this exit. Good noted that the wider
one entrance/exit at Stop& Shop works well(with the right hand turn exit)and would like to see the same wider
entrance/exit at this location. Modzelewski noted that while it would be more convenient for those using the bank,
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October 24,2007
there is a solid white line being crossed,he does not think it is a safe situation, and, if there is an issue with giving
up curb cuts,perhaps the board can make it an emergency vehicle access only to keep options open for the future.
Modzelewski: noted that tenants' parking spaces and entrances to their garages should be differentiated from other
parking spots so they are easily claimed by the tenants. Modzelewski also thinks the bank drive-thru is also still
awkward and should be worked on more. Chris Ladd, Cubellis noted that relocation of the drive-thru has ripple
effect on traffic flow, circulation regardless of where it is located. They looked at options on all four sides and
thought this was the best location to accommodate cuing, circulation, amount of parking and so cars are not exiting
into parking and,best location from an architectural standpoint. Member Ivimey pointed out that this is a much
smaller site than the Stop& Shop and that some compromises will have to be made to accommodate the size.
Westcott suggested putting into the decision: given the closure of that area and, depending on what tenant goes
into the pad, the Board might want to look at pushing that opening further down into the site.
DRAINAGE: Wolf—studies that have been forwarded to Modzelewski and Board show net runoff is< net run-
off that preexisted this project. Over an acre of landscaped area which was previously 100%gravel, asphalt has
been added to site, as well as the addition of a drainage system and detention pond. Even with the buildings on the
site,the net runoff is in better shape than before they started—it is directed, controlled and filtered. Modzelewski
received the new drainage report—they followed his suggestions -appears to be working.
Karen Quigley, 27 ClaSpring Rd.: has concerns about drainage because of James Brook and Golf Club flooding
issues and,the issues and pending litigation at Jacobs Meadow. Peter Costello,Cohasset Golf Club: there is a
stream that goes under No. Main St. and flows into Golf Club property(as does water from Hingham Skating Club)
into Turkey Run which is the only exit point for any of that water. Is concerned that additional impervious surface
will cause problems. Wolf noted that post-development impervious surface is substantially less than pre-
development. Modzelewski disagreed with Costello noting that run-off will not flow to the Golf Course,it goes to
James Brook but noted that Connell will have to respond to Costello's claim. Cubellis: Water will go under Rt.
3A to Great Swamp which is flat and where there is a hydraulic connection, then heads east where there is another
connection,back under Rt. 3A, down Forest Ave. to Sanctuary Pond and eventually into harbor. Water does not
flow in direction of Golf Course. 80%of water will exit south towards Great Swamp. 20%will go to isolated
wetlands which are so huge,the additional water is diminimous. Water builds up along the Great Swamp before
moving back along Forest Ave.to Sanctuary Pond. Karen Quigley asked for confirmation that virtually all water
will end up in Sanctuary Pond—confirmed. Member Ivimey asked if Connell's plans change the dynamics of
drainage as it currently happens. Modzelewski explained that this site is the highest of the sites that drain into
James Brook watershed downtown and the detention basin that has been designed will retard water from getting
there which ameliorates issues. Member Good noted that this site was all building or pavement and there is now a
sophisticated plan in place with substantial landscaping and drainage design.
Member Ivimey asked if they were going to reduce the amount of water flow off the site and how much is that
reduction on a%basis. Cubellis responded that on a typical 2 year storm the reduction is 6%and a 9.1%reduction
for a 100 year storm,which is significant in the industry. In addition,water treatment, street sweeping, storm
septors,retention basins etc. result in a water quality that will exceed State Standards. Maintenance Program of
retention basins has been set up with Conservation Commission.
Peter Costello said that in a 3"rain storm, the water level at Golf Course raises by I I"above ground level.
Karen Quigley pointed out that there is a plan in the works to see if the storage capability of Sanctuary Pond(along
with two other sites further down)can be increased for further retention of the first flush and asked if this project
would have any impact on any remediation from Sanctuary Pond. Cubellis explained that they will be retarding all
the water that will be leaving this site and holding it on this site longer. Modzelewski explained that all drainage
calculations and the way in which they are done is to retard the rate in which the water is flowing off the site
(eg. cu/ftper minute or, volumeper second). The volume on anypristine site will increase when a building with
a roof is added to the site so you could expect that there would be more water to retard. Cubellis confirmed that
the runoff will be slightly more than what is was before but with the infiltration included in the model, there will
not be a net increase in volume leaving the site. Wolf re-explained that the total volume that comes down on the
site, will leave the site-which is not changed by putting a building on the site. The flow will change, the
detention pond will channel in one direction or another and will control it so the runoff, especially in peak times,
is slowed and, the systems in the detention pond will clean it more than natural runoff- but ultimately, the
total amount of water that leaves the site is the same as the amount that falls on it.
John Modzelewski: his traffic consultant flagged left turns out of the site to be painful at certain times. Bryant
explained that machine counts showed weekdays as clearly the busiest times particularly at peak times when train is
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letting out and retail is in heavy use. Long waits to exit will be at 5:00 on weekdays. Is it reasonable to force
people out and around through the T exit at all hours for a problem that might exist for a limited time in the
afternoon? There are two opportunities to exit—wait patiently for the left turn or, go to the light at the T.
Member Ivimey: questioned if the noise from the train is going to bounce off the building and be louder for the
No. Main St. residents? No formal studies have been done,but the mass of the building is not that great to cause
that effect. Modzelewski noted that sound dissipates as a function of the square of the distance and, it is a long
distance to No. Main St. He doubts there will be a bounce back/increase of sound. Member Good thinks Connell
has a reasonable approach to the site and the building and,this is not an issue the Board should dwell on.
Retaining wall appearance: Wolf explained that there are two cyclone fences, one of which is covered with 6' of
black rubber, in the line of site from No. Main St.before retaining wall could be seen (if it were wide open land).
Planting on outside of the retaining wall is an extremely sensitive matter with Conservation -Wolf would rather
not have to return to Conservation to discuss. Modzelewski will look at the site and get a feel for how it will look.
Wolf asked for a sense from the Board of what else needs to be done,responded to:
• Close off second exit to Rt. 3A
• Confirm status of runoff,drainage issues for Golf Club—all drainage issues
• Can something more be done to further reduce runoff?
With second exit closed and Modzelewski's approval of drainage designs, probably close to closing public hearing
and vote to approve. Tentatively continued to Nov. 14 at 7:30 PM—if Town Meeting not continuing to second
night on Nov. 14.
9:10 P.M. HIGHLAND ESTATES/HERITAGE LANE—UNDERGROUND UTILITIES ISSUES Mr.Nader
not able to attend. Board discussed and issued the following to be sent in letter to Mr.Nader
• In conjunction with John Modzelewski, Mr. Nader is to determine the cost of putting utilities
underground as was required under his subdivision approval.
• Nader should inform the Planning Board,by November 7, 2007, of his decision to either put utilities
underground or contribute an amount equivalent to putting utilities underground towards the
construction of sidewalks on Beechwood Street.
• If he chooses to contribute an equivalent amount to the construction of sidewalks, he should bring a
check for that amount to the Planning Board Office by November 7, 2007.
• Building Commissioner will begin immediate enforcement- not issue any further building permits for
any lots in subdivision until either a check is received or work to bury the utilities has been completed.
9:10 P.M. DAVID CALHOUN—DISCUSSION-REQUEST FOR DEPOSITS—Board asked Mr. Calhoun if
he would postpone to November 7, 2007 meeting.
9:15 P.M. ADMINISTRATION
• VOTE TO APPROVE OCTOBER 17,2007 MINUTES
MOTION: by Member Westcott to accept October 17,2007 minutes
SECOND: Member Good
VOTE: 4—0 MOTION CARRIES
• SET DECEMBER MEETING DATES—December 5, 2007
• PRELIMINARY SUBDIVISION FILING—not addressed
MOTION: by Member Ivimey to adjourn at 9:20 PM
SECOND: Member Westcott
VOTE: 4—0 MOTION CARRIES
NEXT MEETING: WEDNESDAY, NOVEMBER 7, 2007 AT 7:00 PM
MINUTES APPROVED: STUART IVIMEY,CLERK
DATE: NOVEMBER 7, 2007