|Home | About Scituate | Town Hall | Calendar|
Printer Friendly Layout
News/Events - Meeting Minutes
Zoning Board of Appeals, January 18, 2007
Scituate Zoning Board of Appeals
January 18, 2007
OTHERS: Neil Duggan, Building Commissioner/Zoning Enforcement Officer
MEETING CALLED TO ORDER:
Meeting was called to order at 6:35 P.M.
First Application: Continued from December 21, 2006: Thomas B. Larson of 24 Bay Ridge Road requests M.G.L. c40A Sec6 special permit/finding to encroach 12.5 feet into rear yard setback with a sunroom.
John Danehey read letter from the applicant requesting to withdraw without prejudice.
Danehey moved to allow the applicant to withdraw without prejudice, seconded by Bangert, all in favor, unanimous.
Second Application: Thomas and Sally McCarthy of 34 Andrews Road, Marshfield requests M.G.L. c.40a, Sec 6 special permit/finding to raze a pre-existing non-conforming single-family dwelling and reconstruct a two-family dwelling at 341 First Parish Road.
Herb Kuendig from Kuendig Designs represented the applicant.
John Danehey disclosed that he had professional ties to the applicant and recused himself from hearing the application.
Agnes Rona stepped in as chairperson.
Herb Kuendig- explained that the applicant wanted to raze the existing single-family ranch and build two three-bedroom condos. He stated they were seeking relief from the frontage requirement.
Albert Bangert- wanted proof of ownership; he felt the deed that was submitted only showed a one-third interest for the applicants.
Agnes Rona- also had concerns with the one-third interest stated in the deed.
Brian Sullivan- asked when the house was built.
Herb Kuendig- stated the house was built in 1957 according to the assessor’s card but the lot existed prior to zoning.
Neil Duggan- was not sure if the date was correct on the assessor’s card.
Agnes Rona- requested to continue the hearing until the applicant could provide proof of ownership and proof of when the dwelling was built.
Herb Kuendig agreed to the request.
Sullivan moved to continue the hearing until February 15, 2007 at which time the applicant would supply evidence of ownership and the date of when the dwelling was built, seconded by Bangert, all in favor, unanimous.
Third Application: The Rooster, LLC of 146 Front Street, Scituate, MA requests special permit/finding or pursuant to 820/1010.2 (D) of the Scituate Zoning Bylaws and M.G.L. Ch. 40A, Section 6 or any other relief the Board of Appeals may grant to authorize the change of the nonconforming uses of the premises to more restricted uses or to uses not substantially more detrimental or injurious to persons, property, or improvement in the vicinity at 78 Border Street.
William Ohrenberger and Jeffrey De lisi from Ohrenberger Associates presented the applicant.
Linda Menard of PO Box 163 Onset, MA 02558 a court reporter from the Federal Reporting Company was present.
Steve Warner, Robert Warner and Matthew Warner were all present.
Paul Mirabito from Ross Engineering, Gary Gardiner from Shesky Architects and John Diaz from Greenman – Pedersen, Inc were also present.
John Danehey explained the applicants would be giving a presentation that evening but the Board would not be making a decision that night. He stated the hearing would be continued to March 28, 2007.
William Ohrenberger- gave an overview of the project. He stated that a restaurant had been run on the property since the 1920’s. He submitted the deed to the property (see file). He explained that they had been to other town Boards informally regarding the project. Mr. Warner felt strongly that there was a need for 55 and older housing and also affordable housing within the Town of Scituate. Five units within the project would be affordable with preference going to Scituate residence and people with parents or children living within Scituate. When Mr. Werner took over the River Club at 78 Border Street they did an overhaul of the on-sight septic, which he felt was adequate for what they were proposing. The market units would be moderately priced, with units starting at 1,100 square feet and would go up from there. The Gate House would house a lap pool and meeting room facilities. The site would include 2.5 acres of impervious surfaces, a reduction in drainage and adequate parking. The project would include 118 outdoor parking spots, 6 being handicapped. It would consist of 42 residences of which 3 would be one-bedrooms units, 39 would be two-bedroom units and 6 townhouses in two three unit buildings The six townhouses would include two-car garages and elevators in each unit. Mr. Ohrenberger had met with Paul Deleo of the Scituate Housing Authority regarding the affordable units. They had also met with Traffic Rules and Regs, Site Review Committee, Planning Board and the Board of Selectmen. Mr. Ohrenberger submitted the deed history of the site (see file). He stated the current owner was Kiki Angel Larzaris.
Steve Werner explained his family had been in the elderly care field for many years. He and his brother had run Scituate Manor for many years. As far back as 20 years they had a desire to bridge what a nursing home offers with single-family living. He had an agreement with Angela Lazaris (current owner of River Club) to take over the facility and in the back of their minds they wanted to present the proposed, which he felt there was a real need for in Scituate. They felt it was important to include affordable units and moderately priced market units. Mr. Werner and his brother wanted people to be able to sell their homes and move to a community for around $500,000.00-$600,000.00 and still have money left over for other resources.
Paul Mirabito from Ross Engineering- gave a presentation of the engineering aspects.
Site Conditions: Mr. Mirabito explained that there were 157-160 parking spaces at present. Some of the work being proposed would be 100 feet into wetlands and they would need a site plan approval from the Planning Board. The elevation is 25 feet to 55-feet. There was a ridgeline on the upper portion of site with a drop in elevation to about 44-foot from the top to the bottom. The existing septic was located under the parking areas.
Proposed Site Conditions: they would be taking away a lot of parking, the pavement would be removed from over the septic system and replaced with a lawn area. The rear of the main building will consist of 6 unit townhouses with garages and two outside parking spots in the lot. Underneath the main residential structure will be 70 parking spaces. The proposed building would conform to zoning in regards to height. They were proposing to direct storm water into basins and drains that would flow offsite.
John Danehey- wanted overview of the storm water drainage plan.
Paul Mirabito- explained that the current water runs off the site to Border Street with only one drain in the street. The proposed would reduce the amount of water draining onto Border Street by 67%. Smaller amounts of water would drain onto the southerly side. They regraded the site and proposed storm water basins, which the water would flow off the site from underground. The current water is breaking out of ledge by the street, which they would be fixing. He felt there might be a leak in a hydrant on Border Street near a telephone pole.
Brian Sullivan- felt there might be an active spring. He stated he walked the site and there was rust colored water coming out of the rocks. He was not sure if it was water or septic drainage.
John Danehey asked that a letter be sent to the Fire Chief to investigate a possible active leak on the Border Street.
Paul Mirabito- explained they were redeveloping the site and they would need to follow state storm water management guidelines. He said that underneath the road was a small stream, which flows under the road via a pipe.
Brian Sullivan- wanted to know how Mr. Mirabito knows the pipe existed and how old it was.
P. Maribito- said the town had not attended to the pipe in years but was confident the pipe did exist.
Someone from the audience stated the town installed the pipe.
P. Mirabito- explained by placing the drainage where they did it actually takes the run off away from Border Street.
B. Sullivan- stated he would like water diverted before it reached Border Street.
P. Mirabito- said they would entertain moving the drainage if the other Boards approved the application.
Agnes Rona- explained that she did not personally drive Border Street in the winter due to the ice on the corner 78 Border Street. She wanted to know if the applicant would be dealing with this issue on the corner.
P. Mirabito- stated they were aware of the problem and included more catch basins in their design.
Site Features: the Planning Board requested a walking path or trail on the property. The applicant would be hiring the Cecil Group to prepare a landscape plan. They will use the existing septic but there would be no more flow proposed. The Title 5 standard was 150 gallons per day, per unit. Jennifer Sullivan had reviewed and submitted comments (see file).
W. Ohrenberger- clarified that the Planning Board wanted the walking path to circle around the back of the property.
Attorney Amy Rudman who represented Valerie Sill of 54 Border Street- had concerns with the water directed onto Border Street. She also had concerns that other towns have had problems with DHCD (Department of Housing and Community Development) saying they might not have the right to build an affordable unit in a 55+ proposal.
William Ohrenberger- stated he would research this and speak with Paul Deleo of the Scituate Housing Authority prior to the next hearing.
Gary Gardiner of Shesky Architects gave overview of the architectural aspects:
Architectural Aspects: Mr. Gardiner said he liked the DreamWold estate design and used that as a model for this project. He felt it served as a good model for a multi-residential development. The entrance to the project would be off of Border Street. His concept was that the main building was the original estate with a gatehouse out front and carriage style houses out the back. The gatehouse would be 40 x 50 foot structure with an indoor pool, meeting facilities and an outside parking area for 13 cars. Further up the driveway would lead to underground parking for about 70 cars. Further down would be the townhouses in the back. All walks would be connected and handicapped accessible. There would be an elevator to the underground parking, which would also access to the pool area. The outside exterior would be traditional architecture with cedar shingles. There would be numerous roof lines and the pool structure would be a one and half story cape style structure with high ceilings and a fireplace with 28-feet to the peak of the roof.
Jim Spelman of 49 Border Street- asked where the septic treatment center was located.
Gary Gardiner- answered it was 20-feet away from the leaching to the right of the pool house.
W. Ohrenberger- explained Mr. Gardiner had worked with the Design Review Committee and accommodated their requests on some changes.
Neil Duggan- wanted a sized water main for the sprinkler system.
Paul Mirabito- explained the Town said it was an 8” pipe, but they have now learned it was actually a 6” pipe but they would do flow tests and add a booster pump if necessary for the sprinkler system. .
A. Bangert- wanted to clarify that the Bylaw required one parking spot per bedroom.
Gary Gardiner- stated they had 99 bedrooms with 118 spots. All units would be assigned parking spots.
Robert Dunkin of 44 Border Street- wanted to know how many stories the buildings would be. He felt the main building looked like it was four stories
W. Ohrenberger- explained that the Town of Scituate did not allow four story residential buildings.
Gary Gardiner- explained the building was made up of two and half stories but the architecture gave it the appearance of being larger. He said the first level was below grade and was not considered a story because 50 percent of it was under the ground.
Neil Duggan- gave more clarification.
Doreen Close of Summer Street- asked about the height bylaw.
N. Duggan- explained the height formula.
W. Ohrenberger- stated the applicant would be applying for a site plan special permit
Doreen Close- complimented the design but did not like the street elevation and views. She wondered if they should be requesting a variance not a special permit. She stated that there might have been a variance previously granted for the site.
John Danehey- was satisfied that the applicant had provided information that there was some sort of use that was non-conforming. He stated he had not seen any evidence that there was a variance for the property.
Amy Kressel- asked if there were roof decks.
Gary Gardiner- said yes on the main building and for some of the units. The elevation of the roof decks was at 98 feet above sea level. The roof decks were an inch below the level of the units.
Bill Smith of 87 Border Street- asked if the parking level was above grade and what the living level was.
Jim Spellman of 49 Borders street- stated that Edith Orman had been granted a variance in 1949 to put a small restaurant on the site.
J. Danehey- asked for evidence of the variance.
Jim Spellman- felt it might be in some public record somewhere.
John Diaz from Greenman – Pedersen, Inc gave an overview of the traffic aspects.
Traffic: John Diaz explained they did turning movement counts using ATR tubes of the cars turning at an intersection. The current average speed going southbound was 25 miles per hour, which a person would need 155 feet for stopping. The current average speed going North bound was 20 miles per hour, which you would need 115 feet for stopping. He said the restaurant did not generate a lot of traffic unless there was a function. He explained that the proposed would reduce the number of vehicles traveling every 3-6 minutes with little change on the impact to Gannet Road and West Street.
N. Duggan- asked if the peak was done one hour in the morning and one hour in the evening.
John Diaz- said yes.
Resident at 150 Border Street– asked if they factor in the traffic that would be generated by the elderly i.e.: home health aids, nurses and cleaning personnel.
J. Diaz- felt that this did not impact the traffic from his point of view.
Jim McLaughlin of 13 Border Street- felt this would increase the volume of accidents.
Laurie Labonte of 50 Border Street- stated there was a vernal pool about 20 feet from the River Club that was certified by the town. She felt the proposed Townhouses might be within the vernal pool. She had been told by DEP that this could be certified as an environmentally sensitive area.
John Danehey- felt this was an issue for the Conservation Commission.
W. Ohrenberger- went through the criteria for the Powers Test.
John Danehey invited the public to stop by the Zoning office to read the correspondence in the file.
A. Bangert- wanted to hear more information regarding the ledge and its effect on the environment. He wanted clarification on the affordable housing situation.
W. Ohrenberger stated he would research this information and explained that there would be a deed restriction on all the affordable units and would also have a stipend so it would be administrated into perpetuity. The Scituate Housing Authority and the South Shore Community Development would handle this. .
A. Bangert wanted them to consider building sidewalks connecting to Gannett Street.
W. Ohrenberger- stated they would look into.
W. Ohrenberger- said this would be reviewed at the site plan special permit hearing with the Planning Board.
Peter Morin- wanted to know if this information would be shared with the Zoning Board and wanted the applicant to make this information available to the public.
Bangert moved to continue the hearing until March 28, 2007, seconded by Danehey, all in favor, unanimous.
Bangert suggested appointing Board members during the meeting to write the decisions the Board votes on. The Board unanimously agreed.
Danehey moved to adjourn the hearing, seconded by Bangert, all in favor, unanimous.
|Scituate Town Hall—600 Chief Justice Cushing Highway, Scituate, Massachusetts 02066 - firstname.lastname@example.org|