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

MEETING CALLED TO ORDER:

Meeting was called to order at 7:05 PM.

First Application: South River Partners, LLC of 9 Stonebridge Lane, Milton, MA 02186 requests: M.G.L. c. 40A, sec. 6, cl. 1 and Zoning By-Law sections 820 and 1020.2.D finding that the razing of the existing structures and the reconstruction of twenty (20) housing units thereupon, shall not be substantially more detrimental than the existing non-conforming use to the neighborhood; and sections 1020.2.D and 1030.2. Special Permit for such razing and reconstruction, including the findings required by section 1030.2, subsections A through E at 8 Dartmouth Street and 3 Webster Street, Humarock, MA.

Attorney Walter Sullivan from Sullivan & Sullivan of Norwell represented the applicant.

Also present were Dana Altobello of Merrill Associates and Blake Auchincloss of Axiom Architects.

Attorney Walter Sullivan explained that Mr. Solmondo the owner had surgery recently and could not make the meeting. Mr. Sullivan would like to focus on the engineering and designing this evening.

Dana Altobello- currently the Madfish Restaurant and boat storage are located on the site. The site abuts the South River to the rear with 1.69 acres of upland. There will be two one-bedroom cottages. He mentioned that there were currently rooms above the restaurant that were rented out in the past to guest.

Neil Duggan- asked if the rooms above the restaurant were habitable. He thought these rooms might have been closed down years ago.

Dana Altobello- he was not sure. The main access to the site will be off of Webster Street. They would be designing landscaping on the side and rear of the property. Currently there is 58,000 square feet of gravel driveway and parking area. The total proposed impervious surface would be 22,000 square feet. The dwellings would be the only impervious surfaces everything else would be gravel. The proposed wastewater management system is 4,400 gallons in a day (a reduction). The drainage will keep the septic away from the South River near the front of the site. They will be installing handicapped sidewalks throughout the site.

Blake Auchincloss- there will be 20 units all together with seven water front units, five garden townhouse style in the middle of lot and eight apartment units above the parking. The waterfront units will be above grade. The waterfront townhouse units will use the exiting footprint of the Madfish Restaurant on Dartmouth Street. The apartments will be pushed back 20 feet. The intent is to design the units with sympathy for the surroundings. The applicant believes that the residential use of the site will be in keeping with the neighborhood. Mr. Solmondo is not proposing a brick apartment building. The building will be wood framed, with wood trim and hardy plank siding. The submitted design is not set in stone; they are willing to work with the Town and neighbors to come up with a design that works for everyone.

B. Sullivan- confirmed that they would be working with the Design Review.

Walter Sullivan- Mr. Solmondo had been meeting with neighbors for about a year and half. They are meeting with the Design Review next week. He said they would be taking down fences that currently block the Rivers view and deeding a public walkway for the public use. They would not have an on-site dumpster, rather they will have a weekly pick-up. He showed some photographs of the site (see file). The nonconforming uses are the boat storage and the rental units that Neil Duggan said had not been in use for years. He thought the boat storage use had been there well before WWII.

Neil Duggan- the marina use was not a permitted use.

Albert Bangert- clarified that they were not a commercial boat storage business.

Brian Sullivan- talked about the proposed overlay district. Has Mr. Solomondo looked into this?

Walter Sullivan- that is why they waited so long on this. He felt they would probably stay with the Zoning Board with all the changes going on with the overlay district.

Albert Bangert- requested clarification on the setbacks of the site plan. Wanted to know if the boat storage would discontinue. He would like to see an affordable unit and the documents for the deeded walkway. Would like to see some open space facilities eg: playground or recreational. Talked about how they are adding three times the amount of impervious surfaces. Felt it may be a little too dense.

Peter Morin- why do they have single units and then the one big block. Would like to see that changed.

Brian Sullivan- had concerns with density.

Sara Trezise- asked if the apartments would be rentals.

Walter Sullivan- they would all be condo units.

John Cronan of 5 Dartmouth Street- he currently shares frontage with the Madfish Restaurant. He felt the marina use was not a lawful use. There have been unlawful floats on the property for a while. The new owner hired an engineering firm to design a new dock and they have filed with the Conservation Commission. The boat storage was another myth. There has never been a lawful boat storage use. He said there was a residence on the property. The zoning changed to ZB in 1961. The owner of the Nautical Mile did not own 3 Webster Street.

Sara Trezise- wanted to clarify when the boat storage started.

John Cronin- answered around 2003.

Albert Bangert- the applicant will need to prove to the Board they have a pre-existing non-conforming use on both properties.

Brian Sullivan- asked how long he has owned his property

John Cronin- 22 years but he has been coming to Humarock for around 47 years.

Don Hourihan from 284 Central Avenue- had concerns with parking for the slips.

Neil Duggan- felt they should wait to see what the proposal would be. Waterways are under jurisdiction of the Federal government and DEP.

Don Hourihan- was concerned there may be a parking problem with regard to the slips.

Neil Duggan- this was under the State jurisdiction so the Harbormaster will deal with it.

Peter Morin- felt the Boards concerns were with the land-based uses only.

Don Hourihan- the applicant should establish parking.

N. Duggan- it was his understanding the floats were not land based. He had not heard the applicant say there would be a land based marina use.

Mr. Cronin asked if the Board could continue the hearing to sometime in
February.

Trezise moved to continue the hearing until January 17, 2008, seconded by Sullivan, all in favor, unanimous.

Morin moved to accept the minutes from August 2, 2007, October 18, 2007, October 25, 2007, November 6, 2007 and November 15, 2007, seconded by Trezise, all in favor, unanimous.

Discussion of the proposed 40B Rules, Regulations and Fees.

Sullivan had concerns because he did not receive the updates prior to the meeting. He would be abstaining from any discussion and votes with regard to the rules and regulations.

Albert Bangert- explained there would be a separate fee schedule that would not be filed with rules and regs.

Trezise moved to accept the comprehensive rules and regulations as proposed, seconded by Morin, all in favor, unanimous.

Sullivan moved to accept the comprehensive permit fees as proposed, seconded by Trezise, all in favor, unanimous.

Sara Trezise asked if she could make a disclosure.

Ms. Trezise disclosed that she:

1) She presently rents office space at 207 Front Street in Scituate. She pays rent to Allan Tufankjian, Trustee. Mr. Tufankjian and John Danehey, former chair of the ZBA are associated in a law practice, which has offices at 207 Front Street as well as in Brockton, MA. Mr. Danehey is a co-defendant in a lawsuit brought by Dichrisda, LLC in connection with the denial of a Special Permit for a project at the site of the former Pier 44.

2) On December 12, 2007, she entered into a Purchase and Sale Agreement together with John Danehey and his wife, Anna Osterberg for the purchase of a building in Scituate. Their intent was to convert the present residential use to a business use as law offices. The relationship with the Danehey’s was for the purchase of the property only.

Brian Sullivan stated for the record that he felt Ms. Trezise has the appearance that there is a conflict and if she does not recuse herself it may reflect badly on the Board.

Sara Trezise- spent a lot time on the phone with Ethics Commission whom felt she did not have a conflict. Ms. Trezise said she would defer to the Ethics Commission and Special Town Counsel, whom advised her that she did not need to recuse herself.

The Board voted to enter into executive session via roll call to discuss pending litigation, the Board would not be returning to open session.

Respectfully Submitted,

Nicole Harris
Administrative Assistant to the
Zoning Board of Appeals