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Home My WebLink AboutMinutes - PB - 01/01/2010 - Planning Board Meeting Minutes 2010 Planning Board Meeting APPROVED MINUTES 1 of 2 November 3,2010 COHASSET PLANNING BOARD MINUTES DATE: WEDNESDAY, NOVEMBER 3,2010 TIME: 7:00 PM PLACE: COHASSET TOWN HALL— BASEMENT MEETING ROOM 41 HIGHLAND AVENUE, COHASSET,MA 02025 Board Members Present: Alfred S. Moore,Jr., Chairman Stuart W. Ivimey,Vice Chair Clark H. Brewer Charles A. Samuelson William Hannon,Associate Member Board Members Absent: Jean Healey Dippold, Clerk Recording Secretary Present: Jo-Ann M. Pilczak, Administrator Meeting called to order at: 7:00 7:00 P.M. PUBLIC COMMENT (10 MINUTUES MAXIMUM)— Laura Harbottle, Scituate Town Planner and William Limbacher, Chairman, Scituate Planning Board explained that the Scituate Special Town Meeting is being held on Monday,November 8, 2010. As Harbottle explained and, as summarized in Limbacher's 11/03/10 letter(submitted at meeting and on file in Planning Board Office copy of meeting packet and in Planning Board files), Article#17 "Ground Mounted Solar Photovoltaic Installations" is a zoning article that was advertised on 09/30/10 and 10/07/10 prior to the 10/14/10 Planning Board hearing. Unfortunately, The Scituate Planning Board staff inadvertently neglected to notice abutting towns of the public hearing. MGL Ch 40A §5 allows this defect to be overcome if the notice requirement is waived. Harbottle and Limbacher respectfully requested that the Planning Board waive the notice requirements by signing a form or, providing a letter stating agreement to waive the notice requirements. Planning Board had reviewed Article#17 and the legal ad that appeared in the paper(emailed earlier in the day by Harbottle) prior to this meeting . MOTION: By Member Brewer to approve a notification waiver and provide a written waiver of notification to the Scituate Planning Board office for Article#17. SECOND: Member Samuelson VOTE: 4—0 MOTION CARRIES Member Moore signed waiver letter prepared by Planning Board Administrator which was given to Harbottle to file with the Scituate Town Clerk. Copies of Article#17, Legal Advertisement,Limbacher letter and all other related docs are on file in Planning Board Office copy of meeting packet as well as in "Scituate Files" in Planning Board Office. 7:10 PUBLIC HEARING—"AMENDMENT TO ZONING BYLAW SECTION 4.2 PERMITTED USES" Christopher Horne, Owner Scituate Racket Club and Attorney Richard Henderson in attendance to represent this citizens' petition. Member Ivimey read public hearing advertisement. Member Moore noted that he is not recused but did want to note for the record that he is a member(only a member—no other interest) of the Scituate Racket Club. No members of the public attended this public hearing. Horne explained that he has been approached by citizens to construct an indoor pool. The Racket Club is located in Scituate,but Horne also owns 5 acres of abutting land in Cohasset which he cannot currently use for the pool because the 5 acres lie in Residence B and,under current zoning, is not an allowed use in Residence B. Citizens petition is to amend zoning bylaws to allow sports&recreation facilities by Special Permit in Residential Zones RA,RB, RC. Proposed pool will be 45'X 75'competitive sized pool in a 14,000 sq.ft.building. Nearest residence is 375' away. Member Moore noted that a former Planning Board member pushed an amendment through Town Meeting about 15 years ago that basically prohibited seeking use variances in Cohasset. Member Ivimey asked Town Counsel if there was any way to avoid spot zoning prohibitions and allow this in only this one district. Town Counsel said it could be problematic if there had not been a planning process and/or if the proposed Planning Board Meeting APPROVED MINUTES 2 of 2 November 3,2010 amendment benefits a private entity. Town Counsel noted that the warrant article in its current form does not raise the issue of spot zoning. Ivimey asked the Board if RA and RC should be included when only RB is involved— Ivimey would be more comfortable restricting it to RB. Henderson noted that there are 7 recreational facilities that are located in residential neighborhoods including—Cohasset Sailing Club, Cohasset Tennis Club(both in RB), Cohasset Yacht Club (RC) , Cohasset Golf Club, Cohasset Swim Center (both in RA)— they are all in residential neighborhoods and in all three residential districts. Both Scituate and Cohasset bylaws provide that if an individual has a business in a two zones,the individual may go 70' (different ft. measure in each town) into the lesser restrictive zone by special permit but,Cohasset's bylaw says that even if you can go into the zone, the "use" cannot be changed. Only alternative is to change the zoning to allow the change in use by a special permit. The owner of Scituate Racket Club is basically being banned from doing what 7 other recreational facilities are doing in the community. Also,the bylaw amendment is not a guarantee- a special permit application,public hearing and review process must still occur before the special permit is granted, if it is granted. MOTION: By Member Samuelson to close the public hearing SECOND: Member Brewer VOTE: 4—0 MOTION CARRIES MOTION: By Member Ivimey to recommend approval of this bylaw amendment SECOND: Member Brewer VOTE: 4—0 MOTION CARRIES 7: 30 P.M. INFORMAL DISCUSSION—PETER BOORAS—10,900 SQ.FT. BUILDING AT 825 CJC HWY. (SITE OF FORMER JOSEPH'S HARDWARE) Applicants Peter Booras and Stamatios Kardaris and Jack O'Leary,Merrill Associates in attendance for this discussion. Former owner's Site Plan Review approval was for a 4,000 SF building on two of the three lots comprising the total property. Booras is not inclined to build more retail space that might remain empty. He proposes demolishing all existing buildings on all three lots and constructing a 12,900 sq.ft., 1-story pharmacy building on a larger parcel (they believe they can support a fairly large building with on-site septic system on a larger parcel). They anticipate a problem maintaining a buffer in the rear of the building(wetlands). The rear left corner of the building will be very close to the buffer. Proposed pharmacy is not inclined to alter their prototype building plans to fit this site. Therefore, Booras would like to move the building forward(closer to Rt. 3A) to open up the left rear corner. Member Ivimey thought the building would look better set back further from the highway rather then moved forward and closer to the highway. Parking as shown conforms with zoning but does not meet what the proposed pharmacy wants. O'Leary also noted that they will have to work hard to come up with a solution to drainage from higher land at the rear of the building. Fundamentally, the Board thought this was a good idea and, an improvement to the site which has been an eyesore for a long time. Major suggestions given to the applicant: • Board is very concerned about the impact on traffic. Strongly advised the applicant to conduct a traffic study. • Reducing building setback would require relief from the ZBA. Since this relief is so germane to the project,the Board suggests Booras go before the ZBA before filing for Site Plan approval with the Planning Board. ADMINISTRATION • VOTE TO APPROVE OCTOBER 20, 2010 MEETING MINUTES MOTION: By Member Brewer to approve the October 20,2010 meeting minutes SECOND: Member Ivimey VOTE: 4—0 MOTION CARRIES MOTION: By Member Ivimey to adjourn at 8:20 P.M. SECOND: Member Samuelson VOTE: 4—0 MOTION CARRIES NEXT REGULAR MEETING: TUESDAY, NOVEMBER 16,2010 AT 7:00 P.M. MINUTES APPROVED: STUART IVIMEY,VICE CHAIR DATE: NOVEMBER 16,2010