HomeMy WebLinkAboutMinutes - PB - 01/01/2007 (19) Planning Board Meeting 1 of 4
May 23,2007
COHASSET PLANNING BOARD MINUTES
DATE: WEDNESDAY,MAY 23,2007
TIME: 7:00 PM
PLACE: COHASSET TOWN HALL— LOWER LEVEL MEETING ROOM
41 HIGHLAND AVENUE, COHASSET,MA 02025
Board Members Present: Alfred Moore, Chairman
William Good,Vice Chair
Stuart Ivimey, Clerk
Robert Sturdy
Mike Westcott
Board Members Absent:
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
DEVELOPMENT DISTRICT APPLICATION CONTINUED PUBLIC HEARING, APPL: ABBOTT
DEVELOPMENT, date stamped: March 7,2007. (65 day deadline to open public hearing=May 10,2007) Attorney
Richard Henderson Abbott Development: Robert Durant,Lee Bloom; Coler&Colantonio: John Morgan,Dale
Harris, Steve Campbell. (Note: Abbott Dev. conducted site walk of 230 Sohier St.prior to the start of this meeting).
Steve Campbell: original conventional lot plan lots did not hold the 50' width.New, corrected plan shows 22 lots
on Deer Hill side of Sohier St.with 5 lots across Sohier St. on northerly side. Member Sturdy did not think lots
could be across the street and count towards the conventional lot plan. Richard Henderson will present case law to
show it can be done. Northerly side of Sohier St. will be held as conservation land, Cook Estate side of Sohier St.
will be controlled by Homeowners' Assoc. Radius study has been done to show that a fire truck can turn without
obstruction on the 20' wide, 1-way road. John Modzelewski wants a 22' circumference (2 way road)—he thinks a
1 way is too tight. Abbott prefers a 1 way road to enhance the village feel and to encourage lower speeds and to
reduce pavement. Capt. Trask believes a 1-way will be problem when residents have functions, guests etc and park
on the side of the 1-way road. Trask would like to see the road laid out properly from the beginning or, sprinkler all
properties as Cedarmere did noting that sprinkler protection may not cost anymore than a wider roadway. Member
Good prefers 20' wide roads—if deemed safe by the fire dept. —believing aesthetics and lower speeds are important
to this project. Chief Silvia noted that by code, a fire lane is 18' wide and that a 20' wide road with cars parked on 1
side will not meet code. Member Good suggested a small visitor parking lot. Abbott is considering reinforced sides
to road so cars can park off the roadway. Modzelewski still prefers 22' wide road noting that landscaping can
convey a country feel. Modzelewski also asked for 150' wide radii for turning noting that narrower roads have less
turning radii. Member Ivimey wants no runoff from the property. Abbott to review all suggestions.
John Morgan: 27 units will generate 30 cars during peak hour. At peak hour, 200 cars/hr.pass on Sohier St. Music
Circus lets out after peak hours so traffic generated by this development will not impact traffic. Schools have
staggered start—usually after peak hours. Member Ivimey is concerned about traffic speeding over the crest of hill.
Morgan noted that even if cars travel above speed limit, site distance is great enough to compensate so cars exiting
development can see. Member Moore noted that the Sohier St. &Rt. 3A intersection is a nightmare. Morgan noted
that they observed an average cue of 5 cars backed up onto Sohier St. to get onto Rt. 3A during peak hours.
Member Sturdy wants to see more trees moved and saved.Abbott to provide inventory of what will be saved,
transplanted, cut etc. Member Ivimey cited Section 10.2 of the bylaws noting"encourage creativity and efficient
use of land"and commenting that he would like to see that observed. Member Sturdy would like to see house
designs so he can clearly see where driveways, garages etc. are—Abbott does not want to predetermine which style
Planning Board Meeting 2 of 4
May 23,2007
of house design will go on each lot—he would like buyers to have choice of 1 or 2 designs. Town Counsel cited
Section 10.7 referring to specifics about locations of designs. Abbott and Jerome Carr to meet within next week to
discuss drainage concerns—John Modzelewski suggested they review town topo maps to look at abutting
properties. Regarding Tom Callahan(Cohasset Housing Partnership) concerns re: affordable housing as stated in
his May 21,2007 letter(on file),Attorney Henderson replied that the inclusionary bylaw simply does not apply to
this development as it is a single family project,not a multi-family project and the applicants cannot be asked to
negotiate the number of units. Jack O'Leary,Merrill Associates, (retained by Cohasset Realty Trust, owner of the
abutting Stop& Shop plaza)noted that it was not clear if the pervious pavers were used towards the pervious or
impervious coverage percentage(24%f impervious coverage on the site)—would like that clarified. Also noted
that there have been some problems with the Ecostone pavers—specifically, sanding and improper maintenance
will destroy the perviousness of the pavers. Also noted that Ecostone design manuals suggest that for the pavers to
act as a pervious surface,many design factors have to be met—for example: they need to have certain thickness of
gravel below them,have to be located on soils that are suitable for infiltration and that he did not see indication of
these design parameters in Abbott's plans. He did note that in Abbott's calculations,the designer did seem to
understand that proper maintenance is critical to making sure that these pavers remain pervious,but O'Leary is not
sure the pavers should not be considered pervious in calculations because of the possibility of their becoming
impervious and defeating the infiltration system without proper maintenance. Also, O'Leary noted that the site is
in a water resource district and pervious pavers allow anything that is sitting on the surface to infiltrate right
through the aggregate below it and into the ground without being treated. He questions whether these pavers are
appropriate in any water resource district. Abbott noted that the pervious pavers are only in the private driveway
areas. Modzelewski noted that in the Stormwater management guidelines,before anything is infiltrated into the
ground,it really should be treated—anything from a parking lot surface should be treated —should not go directly
into the ground—and should be considered. Member Sturdy noted that it could be handled by having
Homeowners' Assoc.require parking in garage. Written summary(05/23/07)of O'Leary comments are on file in
Planning Board Office. Public Hearing continued to June 6, 2007 Planning Board meeting at 7:00 PM.
8:30 P.M. CASTLE HILL- SUBDIVISION UPDATE—Attorney Issadore,representing applicant requested a
withdrawal without prejudice.
MOTION: by Member Sturdy to accept the applicant's request to withdraw without prejudice and refund
the balance of deposits once all invoices are paid.
SECOND: Member Westcott
VOTE: 5—0 MOTION CARRIES
8:40 P.M. HIGHLAND ESTATES—SUBDIVISION UPDATE—Applicant Anthony Nader,Attorney Paul
Ayoub in attendance. Regarding the underground utilities, John Modzelewski gave opinion that it would be difficult
although not impossible to put the utilities underground at this point.Ayoub noted that going underground would
be dramatically expensive and the poles would still be there and asked the Board to be practical and allow the
utility lines to remain on the poles on Haddad's property. Member Sturdy does not like having the utilities to a
subdivision on poles on private property—also thinks utilities can reject and not connect to it. Sturdy also does not
want to set precedent of not following subdivision regulations that requires underground utilities.
MOTION: by Member Westcott to allow utilities to remain on the poles as they currently are.
SECOND: Member Moore
VOTE: 2—2 MOTION DOES NOT PASS (Member Good recused)
Can be further discussed at a future meeting. Three lots have been released.
Mr.Nader also requested that the remaining 11 lots be released so he can he can proceed with financing from
banks. John Modzelewski reviewed outstanding conditions—not much outstanding.
MOTION: by Member Westcott to release 10 of the remaining 11 unreleased lots,retain lot#6 and
require that the applicant put$20,000 in escrow
SECOND: Member Ivimey
VOTE: 3-0 MOTION CARRIES (Member Sturdy abstained, Member Good recused)
For the record,Member Ivimey wanted it noted that he voted in favor of this because of the diligence Mr.Nader
has shown in his attention to the subdivision down to the detail of sweeping the street if it was needed. Ivimey felt
that attention should be publicly noted and that it speaks to his commitment to the construction of this subdivision.
Further discussion about utilities etc. to be continued to June 6,2007 meeting.
Planning Board Meeting 3 of 4
May 23,2007
9:05 P.M. 16-22 DEPOT COURT SITE PLAN REVIEW,OWNER/APPL.: RICHARD BROWN, (30 day
deadline to open public hearing=June 1,2007)Applicant Richard Brown and Engineer John Cavanaro in
attendance to represent application. Member Ivimey read public hearing advertisement. Plans represent new
building to replace one lost in fire. Location consists of 2 parcels—one 6500 SF and one 2800 SF for total of
slightly over 9000 SF. New building to be reconstructed in existing location as there are monitoring wells that
must be respected and not built on top of (3 monitoring wells in front and 1 well on the 2800 SF lot). Plans are
for semi-circular drive(utilizing two existing curb cuts)with two parking spaces in front and loading area. Six
parking spaces on side for total of 8 parking spaces. Second access in rear with 2nd story egress via stairs. Providing
as much green space as possible. Total SF is about 4,000 SF. May include a dry protection system. Capt. Trask
wholeheartedly endorses a protection system but noted that sprinklers allow more flexibility as to what can be in
the building.New structure will be on existing foundation except on back of building which is being straightened
slightly and on parking lot side. Existing horizontal non-conformity will be extended somewhat. Planning a
clapboard front,red cedar shingles on front roof with architectural shingles on back. Recessed lighting on front
porch. Board requested better description of windows and wall materials, elevations and landscape plans.
No comment from public.
MOTION: by Member Westcott that,pending final construction details requested,the Planning Board
recommends that the ZBA approve Special Permit application before them on this property.
SECOND: Member Ivimey
VOTE: 5—0 MOTION CARRIES
MOTION: by Member Westcott to close the public hearing
SECOND: Member Ivimey
VOTE: 5—0 MOTION CARRIES
9:45 P.M. 226 CJC HIGHWAY, OWNER: JOSEPH ROSANO Owner Joseph Rosano,Attorney Maureen
Hurley and Neil Murphy in attendance.
John Modzelewski, Civil Designs reviewed his comments(on file)dated May 23,2007. One of major concerns is
traffic that could be created at the existing curb cut from Rosano(Crocker)Lane onto Rt. 3A as cars might try to
use it as a cut-through to avoid the light at King St. Rosano noted that there have been easements in existence for
almost 100 yrs. that allow others to use Rosano (Crocker)Lane so the curb cut onto Rt. 3A cannot be closed.
Member Good feels this application actually cleans-up the location and is a great improvement of a bad situation
and,that if applicant is willing to look at this opportunity to move the entrance further away from the intersection
at Rt. 3A,he believes the applicant could get an approval at this meeting and get construction underway. Member
Ivimey would like a full site plan review in a comprehensive professional manner. HVAC is under stairs from 2nd
floor. Could move dumpster if parking is reduced from 19 to 11 spaces. Proposed use will be less non-conforming
that what currently exists.
MOTION: by Member Good that,given that the Building Inspector did not deem a site plan review was
required after the ZBA approved a special permit and given that at the last meeting,the board requested
that the applicant pay for John Modzelewski to review and given that the applicant did consent and have
John Modzelewski review the plans and given that the applicant has agreed to implement those suggestions
and,given that they key points are implemented into plans,the Planning Board approve and allow the
applicant to proceed.
Member Ivimey does not have a level of comfort to vote on this motion. John Modzelewski doesn't like the
existing curb cut onto Rt. 3 A and feels there needs to be a good faith effort to see if the curb cut can be closed.
Attorney Hurley would like to continue to June 6,2007 meeting. Applicant will bring elevations and information
about building materials to June 6,2007 meeting.
10:45 P.M. ADMINISTRATION
• VOTE TO ACCEPT MAY 9,2007 MINUTES
MOTION: by Member Ivimey to approve May 9,2007 minutes
SECOND: Member Westcott
VOTE: 5—0 MOTION CARRIES
• CONVENE JUNE 6,2007 MEETING AT 6:45 P.M.FOR ANR?—moved to June 20,2007 agenda
• WATER DEPT.LETTER RE: 480 JERUSALEM RD. (LHR)—Water Dept. requests assistance in having
Planning Board Meeting 4 of 4
May 23,2007
water dept. requests for new pipes etc. as noted during the Large Home Review implemented by property owner.
Planning Board Administrator to respond explaining that Planning Board has no jurisdiction to do so as Planning
Board only issues recommendations,not conditions as part of Large Home Review.
• STURDY SUGGESTION RE: 5.3.1 TABLE OF AREA REGS.WITH DATE TO APPLY TO VILLAGE
-CLARIFY—Members Ivimey and Sturdy to review and put on later agenda
11:05 ZBA RECOMMENDATIONS (Member Westcott had to leave meeting at this point)
• 53 Highland Avenue,Application for Special Permit, Applicants: Tracy Merrill and Eric Wellman.
MOTION: by Member Good to recommend that the ZBA approve this special permit application
SECOND: Member Ivimey
VOTE: 4—0 MOTION CARRIES
• 40 South Main Street,Application for a Variance, Applicants: 40 South Main Street Nominee
Trust,Inc.
MOTION: by Member Sturdy to recommend that the ZBA approve this application for a variance.
SECOND: Member Good
VOTE: 4—0 MOTION CARRIES
The Planning Board also noted and included in the recommendation to the ZBA that the applicants will need
to file a Site Plan Review with the Planning Board.
• 123 Atlantic Ave., Application for a Special Permit,Applicants: Wigmore and Molly Pierson.
MOTION: by Member Good to recommend that the ZBA approve this special permit application
SECOND: Member Ivimey
VOTE: 4—0 MOTION CARRIES
• 251 King Street, Application for a Special Permit,Applicants: Joanne and Fred Higgins.
MOTION: by Member Good to recommend that the ZBA approve this special permit application
SECOND: Member Ivimey
VOTE: 4—0 MOTION CARRIES
• 16-22 Depot Court, Special Permit Application,Applicants: Richard and Gina Brown. This agenda item
was covered during the 9:05 PM Site Plan Review portion of this meeting when Member Westcott was in
attendance for this agenda item and vote.
MOTION: by Member Westcott to recommend,pending the applicant's submittal of final construction
details to the Planning Board as part of his Site Plan Review, that the ZBA approve this special permit
application.
SECOND: Member Ivimey
VOTE: 5—0 MOTION CARRIES
• 2 Sheldon Road,Appeal of Non-issuance of Building Permit,Applicant: Kelli Calhoun.
MOTION: by Member Ivimey to recommend that the ZBA approve this appeal application
SECOND: Member Sturdy
VOTE: 4—0 MOTION CARRIES
MOTION: by Member Ivimey to adjourn
SECOND: Member Sturdy
VOTE: 4—0 MOTION CARRIES
MEETING ADJOURNED AT: 11:30 P.M.
NEXT MEETING: WEDNESDAY, JUNE 6,2007 AT 7:00 P.M.
MINUTES APPROVED: STUART IVIMEY, CLERK
DATE: JUNE 6,2007