HomeMy WebLinkAboutMinutes - PB - 01/01/2008 - Planning Board Meeting Minutes 2008 Planning Board Meeting 1 of 5
September 22,2008
COHASSET PLANNING BOARD MINUTES
DATE: MONDAY, SEPTEMBER 22,2008
TIME: 7:00 P.M.
PLACE: COHASSET TOWN HALL— LOWER LEVEL MEETING ROOM
41 HIGHLAND AVENUE, COHASSET,MA 02025
Board Members Present: Alfred S. Moore,Jr. - Chairman
Stuart W. Ivimey,Vice Chair
Charles A. Samuelson, Clerk
Clark H. Brewer
Board Members Absent: Mike R. Westcott
Recording Secretary Present: Jo-Ann M. Pilczak
MEETING CALLED TO ORDER AT: 7:00 P.M.
7:00 P.M. ZBA RECOMMENDATION—357 ATLANTIC AVENUE SPECIAL PERMIT
APPLICATION, APPL: CARR,LYNCH& SANDELL, OWNER: JANICE REITER Jim Riessling- Carr
Lynch and Sandell; John Cavanaro—Cavanaro Consulting in attendance to represent application.
House was constructed in 1938 and has some historical importance. Owner would like to construct a 695 SF
accessory building(guest house) on this 33,600 SF pre-existing,non-conforming lot(due to overall size,width and
setbacks)which is also in flood plain. Owner has no plans to alter existing home. Proposed guest house will be
used as a refuge for the family during storms which tend to batter this location. Will have storm shutters and be
built to withstand weather,floods. Proposed guest house is< 15' in height and is> 100' setback and meets side
setbacks. Cavanaro indicated that application will be going to the Storm Water Mgmt. Review agent.
MOTION: by Member Ivimey to recommend that the ZBA approve this special permit application
SECOND: Member Brewer
VOTE: 4-0 MOTION CARRIES
7:15 P.M. MANOR WAY CIRCLE,REVIEW OF MINOR MODIFICATION DECISION Member Ivimey
recused himself due to conflict of interest. Attorney Walter Sullivan in attendance. Sullivan had Land Court plan
which follows the Form A approved in August exactly, and includes more specificity as to monumentation. Land
Court plans require Planning Board signatures that it is not a subdivision. Attorney Charles Humphreys was in
attendance to represent 100 Pond St. and had no objections. Town Counsel approved restated Homeowners
Association and restated 8 1 U Covenant.
MOTION: by Member Brewer to endorse the Land Court version of the Form A plan(endorsed 08/11/08)
SECOND: Member Samuelson
VOTE: 3 -0 MOTION CARRIES (Member Ivimey recused as noted above)
Town Counsel did not think the motions in the 08/11/08 approved minutes adequately reflected the Board's total
intentions regarding the Manor Way Form A application and suggested amending the minutes.
MOTION: by Member Samuelson to accept the subsequent amendments to conditions 3,4 and 4a of the
Manor Way Circle Subdivision Approval as follows:
Condition 3.The restraint upon lot conveyances (except for Lot 1)in Condition 3, and in the MGL Ch.41,
Section 81 U Covenant required thereby,is hereby modified so as to exempt from the conveyance restraint,
Parcels B and C as shown in said August 4,2008 plan,but to impose such restraint upon Parcel A, as shown
in said plan,following the exchange conveyances described and approved above, and the said Covenant shall
be amended and restated accordingly, and recorded herewith at said Registry of Deeds and Registry District
of the Land Court.
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September 22,2008
Condition 4.The Amended and Restated Manor Way Circle Homeowners' Association Trust Agreement
required by Condition 4,has been reviewed and approved by the Board and shall be recorded herewith at
said Registry of Deeds and Registry District of the Land Court.
Condition 4 a). The Board acknowledges and approves the substitution of a fee interest in Parcels A and D as
shown and described in the said August 4,2008 plan, as the Shared Septic System Leaching Field,for the
easement contemplated in said Condition 4 a).
SECOND: Member Brewer
VOTE: 3—0 MOTION CARRIES (Member Ivimey recused as noted above)
Sullivan noted that record of action,page 2,paragraph 2,line 3 should add"Land Court Plan,August 8,2008)"
after August 4, 2008 before Board signed Record of Action. Town Counsel approved the form of record of action.
MOTION: by Member Brewer to sign the Record of Action with the addition of"Land Court Plan,
August 8,2008)" after"August 4,2008" and before the word"entitled".
SECOND: Member Samuelson
VOTE: 3 -0 MOTION CARRIES (Member Ivimey recused as noted above)
Members Moore, Samuelson and Brewer signed the Record of Action.
7:30 P.M. 1 JAMES LANE SITE PLAN REVIEW PUBLIC HEARING,APP: DR.ROGER POMPEO,
OWNER: GEORGE ROUKOUNAKIS,filed on 09/03/08 Applicant Roger Pompeo, Owner George
Roukounakis,Attorney Charles Humphreys,Engineer John Cavanaro and Architect Don Ritz in attendance to
represent application. Member Samuelson read public hearing notice. Revised set of plans submitted at start of
meeting. Plan is to construct 2000 SF,one story medical building—for Dr. Pompeo's practice-with 50' x 40'
footprint, concrete crawl space foundation,on 8,467 SF lot. 6' wide covered porch on two sides. There will be
internal stairs to an upper level balcony and storage area attic which will not be leasable as only access will be via
medical office. Meets all side, front and rear setbacks. Front setback was based on location of adjacent structures
on both sides of the frontage-averaged the teen center 3' front setback and the former shoe repair shop 9' front
setback and determined a required 6.25' front setback. Maximum height to top of tower is approx. 32',height of
the building roofline is approx. 25'. While no parking is required, 4 angled,paved spots are planned for south side
of the building on James Lane. These spaces are angled to encourage one way travel on James Lane. Additionally,
6 paved parking spots on west side of the building as shared spaces with the Town. This will require an easement
with Town,but will provide 6 additional parking spaces for public use at night and on weekends when Pompeo's
office is not open. Entrance is a corner,two door entrance to a vestibule on the southwest corner of building so it
fronts on James Lane and the Parkingway. Lot coverage(currently 100%as lot is completely paved)will be
reduced to 79%coverage. Coverage calculations were based on area of lot, excluding area in the right of way.
Utilities include town water in James Lane, gas service in Parkingway. There is a hydrant across James Lane in
front of Red Lion Inn with a 6"main that they will connect to. Sewer service will connect to existing main that is
on Roukounakis' gas station property—Sewer Commission has approved this connection. Power will come off
existing adjacent overhead poles and run underground. Anticipate only a 400 amp service requiring a pole
mounted transformer. There is an existing drainage basin on corner of Roukounakis' lot connecting to James
Brook culvert -they plan to obtain an easement over Roukounakis' lot to use this drainage basin. Will be filing for
a stormwater review with Norfolk Ram. At the suggestion of Civil Designs Inc.,they have upgraded the drainage
basin, added a sewer manhole versus a convention cleanout upstream of existing manhole and,have added a
landscape plan with more detail and irrigation. Propose a brick paver walkway to encourage use of the at grade
corner access to the building. 5' wide concrete sidewalk proposed in the walkway area between the building and the
parking spaces. Member Brewer mentioned town goal of a consistent brick walkway from Depot Court to James
Lane. Brewer also mentioned that angled parking spaces could be moved down toward James Lane so there is less
asphalt which could then accommodate more green space area. HVAC has not been fully addressed yet,but, since
this is a small building,there will probably be small units at grade next on east side of the building next to gas
station property—applicant prefers not to put it on roof. John Modzelewski noted that if they plan to use the
sidewalk as part of the circulation plan for the back, applicant would have to get an easement from the Town for
liability issues and to determine who maintains it. Right now there are no plans to install sprinklers. Capt. Trask,
Cohasset PFD, questioned if radius of the curve going into Parkingway will be improved so it is not too tight for
fire trucks. Assessor's office has assigned address of 20 Parkingway to be consistent with Teen Center address and
address of the Medical Building next to Stagecoach Way—James Lane address is too confusing for emergency
response personnel. Wayne Sawchuk plans to propose to BOS that they create a new,more upscale name for the
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September 22,2008
Parkingway to be more consistent with the goal of creating a second Main Street on the Parkingway—he proposes
West Main Street. Sawchuk also asked if applicant can incorporate the continuous sidewalk plan from Depot Court
to James Lane into their plan. Peter Brown, EDC, agrees with continuous sidewalk pathway from Depot Court to
James Lane and,noted that EDC would support street name change as a way to create a more upscale retail
atmosphere. Architect Don Ritz said that they have considered adding dormers on each side of roof and,that
while they have considered more elaborate alternate designs,current plan is a simple, classical Greek Revival style
building with appropriate moldings, clapboard around with PVC trim and straight 3 tab roof shingles. Board likes
simple style of building very much. John Modzelewski asked them to: provide a more detailed indication of
materials to be used and to consider pulling back handicapped spot on James Lane to get more length to get up the
slope to the porch and,might be able to get more green space; and,to show the last line of town parking to the
west so the Board can be sure traffic and emergency vehicles can get around that last line of town parking spaces.
Public hearing to continue on October 6,2008 at 7:15 PM.
8:45 P.M. VILLAGE BUSINESS DISTRICT DESIGN GUIDELINES,CONTINUED PUBLIC HEARING
Angus Jennings, Concord Square in attendance. Updated version of guidelines distributed. Since last meeting, a
few changes have been implemented into document including: incorporation of more historical pictures as
examples;minor but strategic text edits; changes to process and procedures section including draft procedure
flowchart; and, first draft of application process. Jennings pointed out that: under the bylaw,the Board has design
review authority with or without design guidelines; adopting the guidelines is a good step towards providing
applicants with predictability and clarity as to design objectives the Board is seeking in new development;however,
he cautioned that it would be better to take additional time to get a document that Board as a whole is very
comfortable with rather than approving something to get it on the books and then having to amend it. Jennings
requested that any future recommendations for edits be as specific as possible. Jennings highlighted recent edits:
• pp. 3-4: some process changes,draft procedure and Design Review Board Interaction flowchart(s) added
• pp. 5-9: no changes
• p. 11: § 5.3.5 deleted requirement for setback of<10' (that specificity in every case does not make sense)
• p. 12: revised images and captions
• p. 13: clarified some of the language on shed roofs noting that shed roofs are discouraged
§5.5.5: deleted reference to solar panels and, changed the roof profusions from"shall"to"should"to
put burden on applicant to prove that they have taken the streetscape view into account.
§5.5.6: refined language for rooftop mechanical equipment and screening
Member Ivimey stated the opinion that all"shoulds" should be changed to "shalls"to require all the design
guidelines and waiving guidelines when appropriate if applicant can provide explanation as to why he did not meet
a"shall". Members Samuelson and Brewer agreed. Peter Brown,EDC noted that the village is very important to
the Town and that having harder rather than softer language better guarantees that the goals for the village will be
met. Jennings cautioned that too many waivers opens the Board up to challenges by other applicants. Samuelson
suggested that the Design Review Board review the latest version of the design guidelines and determine
what are"should" and what are"shall"points.
• p. 14 §5.6.2: added sentence re: store front windows to acknowledge that in some cases,windows will be
wider than tall
• p. 15 added new graphics and picture
Member Moore noted that once a village SPR is permitted,the Board must work closely with Building Inspector
Egan to make sure that the permit does not become carte blanche to do whatever the applicant wants to do—that
only specific guidelines were permitted. Perhaps statement should be added to the effect that"any future
addition to this plan that has any visual impact on the downtown village must be reviewed by the Planning
Board." Jennings suggested that something like this may not fall under the way the bylaw is currently drafted. He
suggests that the Board discuss what type of actions the Board would like to review and then look at the bylaw to
make sure that legal review is explicit. He further noted that only SPR's that are special permits are bound by the
design guidelines—for just a site plan review,there is no clear legal authority of the Board.
Vote on Village Design Guidelines at October 6,2008 meeting.
9:35 P.M. REVIEW VILLAGE SIDEWALK PROGRESS— Concept is to create a continuous pedestrian loop
from Depot Court to James Lane(that would also eventually connect to So. Main St.). Everyone agrees this is a
good idea to create a vibrant, economic street front on the Parkingway and that if it does not get done in near term
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September 22,2008
as a well-defined plan with direction for applicants, it probably will not get done. Depot Court property is OK for
the sidewalk; the Pfifer property will be harder to tie in as it comes out further into street and has a planter
(although compact spaces could be put here); design plan can be built into the other parcels as they are renovated.
Tom Gruber said that because this is municipal property zoning bylaws do not have to be applied so these could be
made compact spaces without amending bylaws. Connecting sidewalk to James Lane and out to So. Main St.will
probably be difficult because James Lane is so narrow. Sawchuk suggested that George Roukounakis remove the
posts along James Lane,put in a curb and install connecting sidewalk on inside of the curbing. Bill Good thinks
one continuous walkway connecting So. Main,Depot Court,Parkingway and James Lane creating complete loop
is key factor to encourage the strolling shopper and contribute to success of the Village. Could consider a flush
sidewalk with edge curb that allows fire trucks to drive over it if necessary. Much discussion centered around the
dangerous area in front of Red Lion Inn with cars driving fast on James Lane,traffic backup due to deliveries and
trash removal at Red Lion Inn and configuration of the Red Lion Inn porch making James Lane very narrow at
intersection of So. Main St. Planning Board Administrator to review Red Lion Inn conditions of approval to see if
limitations were set on delivery and trash removal times. Jennings outlined steps that are necessary for the town to
achieve some type of result:
1. Establish the sidewalk network the town is looking for—what is the right of way?
2. Establish the sidewalk design—width,materials, conduits for future use
3. Establish who will design it and who will pay for it. Are town meeting votes needed for land swaps?Are
easements needed? Are there liability issues for private land owners?
4. Negotiations needed—dealing with each property owner will require individual negotiations.
Jennings noted that this will take fair amount of time and suggested that Community Preservation Committee might
become involved with resources for engineering, surveying etc. Capt. Trask noted that Water Dept.would like to
put install a water main in anticipation of future sprinkler needs as the Parkingway is developed and that perhaps
Water Dept. could contribute with burial of conduits etc. Jennings to write memo summarizing required steps.
10:30 P.M. ADMINISTRATION
• VOTE TO ACCEPT 09/08/08 MINUTES
MOTION: by Member Ivimey to accept the 09/08/08 meeting minutes
SECOND: Member Samuelson
VOTE: 4-0 MOTION CARRIES
LDISCUSSION—CAMPEDELLI FORM-A APPEAL AND TOWN COUNSEL REPRESENTATION
ember Ivimey to contact Town Counsel Saillant to gain insight into Judge's decision regarding this appeal-will
update Board at Oct. 6, 2008 meeting. Board will determine if they want to discuss Town Counsel representation
with BOS.
• REVIEW 43-D,TARGETED ECONOMIC DEVELOPMENT,PERMIT EXPEDITING AND STATE
PLANNING RELATED FUNDING UP TO $100,000—VOTE TO SUBMIT FOR STM WARRANT
Member Brewer attended 43-D—Expedited Permitting Law review seminar with people from Economic
Development at the State Level and the MAPC. Basically,43-D is targeted economic development. Brewer took
the language from several other towns and put an article together for November STM which would have to be
submitted tomorrow—September 23, 2008. Brewer put entire village business district into article—can be
modified as long as parcels are contiguous. Brewer thought it would be a boost to economic development and
village vitality in that state could provide up to$100,000.00. If it passes town meeting,property owners sign up
and the state gives the $100,000.00. Expedited permitting does not go into effect until Town cashes the check.
Brewer asked if the Board wants the $100,000 and wants to go forward. Ivimey clarified that it is up to $100,000
(could be less). Town would have to agree to, among other things, streamlined permitting(completing permitting
within six months)to receive the money. Peter Brown,EDC, noted that Cohasset might not be able to meet
criteria of being eligible for development or redevelopment of a building of at least 50,000 SF. and therefore might
not qualify. Brewer questioned this and was told that it is 50,000 SF total,not necessarily all in one building, as
long as the series of buildings are contiguous. Brown suggests that entire 43-D legislation should be read before
submitting article and thinks it makes economic development sense for this committee to have access to
$100,000.00. However,he is not sure that everyone is ready to submit this for November,2008 STM. All agreed
that trying to accomplish an article like this in such a short time would probably do injustice to it. There is a time
limit,but it might be refunded in 2009. Brewer will continue to investigate-goal is Spring,2009 ATM warrant.
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September 22,2008
• MAPC SITES FOR BIKE RACKS (NOT ON AGENDA) Brewer also attended MAPC presentation on
pedestrian networks and bike rack subsidy. If Cohasset can identify locations for bike racks, it can receive up to
$3,000.00 worth of free bike racks. Brewer proposed putting at north and south ends of parking lot. Brewer also
mentioned that So. Shore Coalition leader, Tim Reardon offered to meet with Planning Board and BOS to discuss
resources MAPC has available and what they are doing from regional or metropolitan Boston planning agenda that
may or may not involve Cohasset. Brewer to contact Reardon to determine dates he is available after our Special
Town Meeting. We will then work to schedule a meeting with him during a Monday BOS and PB meeting.
• VOTE TO SUBMIT ZONING ARTICLE—RECONCILIATION FOR STM WARRANT
MOTION: by Member Ivimey to submit the"Zoning Article—Reconciliation" for the November STM
Warrant as presented at this meeting.
SECOND: Member Samuelson
VOTE: 4-0 MOTION CARRIES
Planning Board Administrator to submit article to Town Manager. Administrator plans to run public hearing
advertisement on October 13 and October 20,2008 for an October 27,2008 public hearing on this article.
• RESCHEDULE NOVEMBER 17,2008 PLANNING BOARD MEETING(CONFLICT WITH TOWN
MEETING) Change Nov. 3 meeting to November 10 — leave November 17th for the Special Town meeting and
keep the December 1 and December 15,2008 meetings.
• OPEN MEETING LAW(NOT ON AGENDA) Planning Board Administrator attended the Open Meeting
Law Seminar held at Town Hall for all boards, departments etc. Provided members of the Board with handout
from this seminar—"Understanding the Open Meeting Law".
MOTION: by Member Ivimey to adjourn at 11:30 PM
SECOND: Member Brewer
VOTE: 4-0 MOTION CARRIES
NEXT MEETING: MONDAY,OCTOBER 6, 2008 AT 7:00 P.M.
MINUTES APPROVED: CHARLES A. SAMUELSON, CLERK
DATE: OCTOBER 8, 2008