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Scituate Zoning Board of Appeals, September 20, 2007
Scituate Zoning Board of Appeals
Meeting Minutes
September 20, 2007


PRESENT: Albert Bangert, Chairman, Brian Sullivan, Sara Trezise and Peter Morin.

MEETING CALLED TO ORDER:

Meeting was called to order at 7:10 PM.


First Application: William Kochman and Linda Kochman of 33 Tichnor Place, Scituate requests special permit under sec. 610.2 B to construct a single family dwelling on Lot 1, Tichnor Place which lot abuts a street or way for distance of at least 50-feet and which lot has a width of at least 50-feet at every point between the frontage street or way and the nearest part of the dwelling to be constructed

Brian Sullivan disclosed that there was a mistake on the plan, which lists a Doug McCloud as an abutter. The actual abutters were Shawn and Tammy O’Conner. He had a personal relationship with the O’Conner’s, but felt there was no conflict.

The Applicant was fine with Mr. Sullivan hearing the application.

Sara Trezise disclosed that Mr. Kilduff was the brother of her law partner’s wife. She felt there was no conflict.

The Applicant was fine with Ms. Trezise hearing the application

Attorney Mike Hayes represented the applicant.

M. Hayes- explained the applicant was requesting to construct a dwelling on lot one. They had been to Planning Board and received an ANR. They have also been in front of the Conservation Commission as well and received approval for a driveway to Tilden Road. The Kochman’s intent was to downsize and build a home on the lot and then sell the current home they live in now. They will change their current legal access and address from Tichnor Place to Tilden Road and will also seek a common driveway permit from the Planning Board.

Peter Morin- the plan identifies the existing driveway. He asks when the Tichnor Place driveway was established.

Mike Hayes- he clarified that he meant Tilden Drive, which was approved about 4 years ago.

P. Morin- he noticed in the deed to lot three that the lower property had an easement to Beaver Dam over Tichnor Place. He asked if they were going to eliminate this.

W. Kochman- it was over 100 years old. The first 50 years the house was built, it was an old cart path, but now has a barn in its way.

M. Hayes- the Tilden Road driveway did not need Planning Board approval because it was less than 1,000 feet. They could pass over lot three but it would touch on wetlands. His clients were planning on donating lot four to the Town, which consists of the Cook Swamp.

P Morin- asked if they would make that a condition.

M. Hayes and applicant both agreed to this.

Mr. Kochman- would like his neighbors to follow suite, with a stretch of land that would go all the way to the Satuit Tavern. He would entertain an easement across his property for people to access the swamp area.

P. Morin- if the common access and wetlands were denied, would this allow him to access the lots from Tichnor Way.

M. Hayes- he would entertain any conditions.

Shawn O’Connor- asked where the proposed dwelling would be located.

M. Hayes- they will access through a common driveway for the existing home.

Sean O’Connor- asked would the driveway be paved.

Mr. Kochman- they have permission to skirt through the buffer.

S. O’Conner- spoke in favor of the application.

Mr. Kilduff- asked where the homes would go.

Mr. Kochman- explained the location of the dwelling on lot three (see plan in file).

Sullivan moves to grant the special permit subject to access over lot three being from Tilden Road, lot four will be deed to the Town, the common driveway be approved by 780 of the bylaw, seconded by Banger, all in favor, unanimous.

Second Application: William Kochman and Linda Kochman of 33 Tichnor Place, Scituate requests special permit under sec. 610.2 B to construct a single family dwelling on Lot 3, Tilden Road which lot abuts a street or way for distance of at least 50-feet and which lot has a width of at least 50-feet at every point between the frontage street or way and the nearest part of the dwelling to be constructed at Lot 3 Tilden Road.

Attorney Michael Hayes represented the applicant.

Applicant was present.

Peter Morin- felt the applicant got lucky on the zoning lot line.

M. Hayes- lot one is newly created subject to granting relief from other Boards. The Planning Board approved the ANR the access and frontage about two weeks.

Sullivan moved to grant the 50- foot frontage lot known as lot one, access to be on Tichnor Place, seconded by Trezise, all in favor, unanimous.


Third Application: Heather and Michael Dockray of 115 Ann Vinal Road, Scituate requests MGL c. 40A special permit/finding to raze and reconstruct pre-existing non-conforming single family dwelling at 115 Ann Vinal Road.

Michael Dockray was present

M. Dockray- he would like to raze and reconstruct his dwelling on Ann Vinal Road.

Albert Bangert- the only non-conformity was the frontage and sideline setback. The frontage was only 20-feet.

P. Morin- was he proposing to add a retaining wall to raise the grade in the front.

Michael Dockray- yes, but there would be no roof on the deck in front.

A. Bangert- asked if he was moving back slightly to the left.

M Dockray- yes.

Sullivan moved to grant the special permit relief as sought by the plan submitted by the applicant and there be no further intensification, but with a reduction to north side, seconded by Trezise, all in favor, unanimous.

The Board voted to enter into Executive Session via roll call and would not be returning to open session.

Respectfully Submitted,


Nicole Harris
Administrative Assistant,
Zoning Board of Appeals


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