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News/Events - Meeting Minutes

Scituate Zoning Board of Appeals
Meeting Minutes
March 20, 2008

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

OTHERS: Neil Duggan, Building Commissioner/Zoning Enforcement Officer.

First Application: Continued from February 21, 2008: Amy Martin and Edwin Henneken of 264 Clapp Road requests special permit/finding under M.G.L c. 40a sec. 6 or variance under M.G.L c. 40a sec. 10 to attach a garage to a pre-existing nonconforming single-family dwelling, which garage will encroach into the 30-foot street setback at 264 Clapp Road.

Amy Martin and Edwin Henneken were both present.

Amy Martin- they wanted to follow up from the last hearing. By moving the addition back it would shut out their windows, blocking out the light. They would still like to do their original plan.

Albert Bangert- asked if she knew what the average setback was in the neighborhood.

Amy Martin- she thought that maybe the Beal home was closer than 30-feet to the street.

Brian Sullivan- the applicant had limited options. They need relief or they can’t do this project. He was inclined to grant the requested relief.

Albert Bangert- felt they have the option of moving the garage back. He did not want to allow the applicant to go 9-feet into the setback creating a new non-conformity.

Sara Trezise- felt the proposed did not qualify for a special permit.

Peter Morin- felt the Town had a ridiculous zoning statue. He suggested they contact an attorney who may find a creative way to deal with the issue.

Amy Martin- would like to withdraw the application.

Morin moved to allow the applicant to withdraw without prejudice, seconded by Trezise, all in favor, unanimous.

Second Application: Continued from February 21, 2008: Heidi Ah Condon of PO Box 238 Cohasset, MA 02025 requests a special permit/finding under M.G.L c. 40a sec.6 to raze and reconstruct a pre-existing nonconforming single-family dwelling at 29 Bayberry Road.

Heidi Condon of HJ Design and Mr. Cavano of Cavano Design represented the applicant.

Carmen Hudson an engineer from Cavano Design and Peter Faulk from Rivermore Engineering were also present.

Carmen Hudson- the existing home conforms to the height requirement with the entire lot in the AE zone at elevation 11 and it was also located within 100 feet of the salt marsh. The first floor was currently below the 10-foot elevation. The garage was on grade making the dwelling conform to the side setbacks. They took the Boards recommendation and reduced the dwelling to 2,688 square feet, reducing the footprint by 300 square feet. The first floor would be at 13.5 feet on piers. The height would be 34’-91/2” from the ridge. The dwelling would be pulled back 10 feet back from the marsh. The asphalt driveway would be removed and a tied tank would be installed. They would be using native plantings in the landscape design.

Heidi Condon- the living area would be at the 13.5 elevation; above base flood and they would maintain the shingle style of the neighborhood. Ms. Condon submitted information on the neighboring properties (see file). Their numbers fall in the middle of the other homes and she felt their design was in accordance with the other houses in this neighborhood.

Sara Trezise- they were one of the smaller lots.

Heidi Condon- yes, they were. She submitted a letter from Dennis Balog who was in favor of the application (see file).

Neil Duggan- supported the design.

Brian Sullivan- thanked Ms. Condon and Ms. Hudson for their work. He felt the design was keeping within the homes in the neighborhood. He was in favor of them making a non-conforming flood prone home compliant.

Peter Morin- wanted to make sure the setback was within the average setback.

Carmen Hudson- they would be pulling it back.

Sullivan moved to grant the request as proposed, seconded by Trezise, all in favor, unanimous.

Third Application: Peter and Shirley Hanlon of 5 Parker Avenue requests a special permit/finding under M.G.L c. 40a sec 6 to expand the pre-existing, nonconforming dwelling at 5 Parker Avenue.

Attorney Michael Hayes represented the applicants.

Brian Sullivan recused himself from the hearing the application.

The applicants were present.

Mike Hayes- the applicant has lived in the home since 1977 and would like to make improvements so they could retire there.

Existing conditions: 7,750 square foot lot with 70-feet of frontage. The dwelling was 21.6 feet from Parker Road, west sideline 13.4 feet. The garage was .9 feet from the westerly sideline. The dwelling was 26 feet from the easterly sideline and the garage was 7.6 feet from the rear sideline. The lot, dwelling and garage were all pre-existing non-conforming. The dwelling was built in the 1930’s. Attorney Hayes submitted the deed to the record (see file). The proposed addition would be in the rear, which would connect the existing dwelling to the existing garage.

Resulting conditions: the new addition portion would be 25 feet from the rear sideline with a deck. They would like to connect the dwelling to the garage and were interested to see if the Board would view this as being covered under the protections of Section 6. By connecting the home and garage they would be increasing the non-conforming nature, but the proposed would not be substantially more detrimental to the neighborhood.

Sara Trezise- asked if the garage would be torn down and rebuilt.

M .Hayes- it would be remodeled.

Sara Trezise- felt that the Bjorklund case applied.

M. Hayes- the Rockland ruling was solely based on the one issue, the high water mark.

N. Duggan- felt they were reinventing the wheel. The main premise was that it was a single-family dwelling not a commercial building. Under the section 6 exemption the intent was to give relief to the single-family dwelling. He agreed with Attorney Hayes’s characterization. The Board needs to ask is it substantially detrimental to the neighborhood.

M. Hayes- the house was not closer than any other house in the neighborhood.

Attorney Hayes went through the Powers Test.

Morin moved to grant the requested relief as proposed, seconded by Trezise, all in favor, unanimous.

Fourth Application: Continued from January 17, 2008: 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.

Michael Solomando was present.

Walter Sullivan- believed they have a non-conforming use. The two lots became common ownership in 1955. He suggested that there were non-conformities under the jurisdiction of the ZBA.

The applicant showed old photos of the lot showing the boat storage and the old boarding house.

Walter Sullivan- discussed the Chapter 91 licenses submitted to the file (see file). The restaurant was operating in a residential area along with the boat storage business.

Brian Sullivan- talked about the Boarding house.

Michael Solomando- it was a lodge.

Neil Duggan- felt its use was extinguished years ago.

Walter Sullivan- Rockwood Case does not specify a specific section of the bylaw. The average setback applied to Dartmouth would be 12 feet and they were looking to build 25 feet from the setback. It is their intention to follow the overlay district. Webster Street was within the business zone.

Neil Duggan- the bylaw requires a 30-foot setback from a street or way.

Walter Sullivan- the Waterways Committee asked that his client grant an easement over his right to the way for pedestrians to access the boat ramp. He felt that Dartmouth falls short of the definition of the street or way.

John Cronin- gave reasoning for getting to the eight feet. On the other side of the private way there is 8 feet.

Walter Sullivan- they are well within the zoning bylaw and overlay district. Front setback on Central Street was 30- feet and complies. There was a small corner of the house on the Webster Street side that encroaches on the setback.

Brian Sullivan- was not sold on the Webster street setback. The eight feet wasn’t working for him.

Neil Duggan- referred to lots on Hatherly Road, which the Board made the applicant expunge the Paper Street before moving forward.

Walter Sullivan- said they were not building it under the overlay district they are merely using it as a model.

A. Bangert- the stumbling block for him was the Webster setback.

B. Sullivan- asks how many affordable units they were proposing.

Walter Sullivan- 15 units with one being affordable.

M. Solomondo- the reason why they went with this was because the bylaws might not go through. He fashioned it this way to please the neighbors.

Brian Sullivan- was not happy with the Webster Street setback and felt they could reconfigure the buildings or reduce square footage so they don’t create a new encroachment.

Walter Sullivan- would like to continue so he can prove that Webster was not a working street.

John Cronin- was present to support the presentation in that they were seeking a permit from the Board. He was interested in the public way discussion.

Bangert moved to continue until April 17, 2008, seconded by Sullivan all in favor, unanimous.

DELIBRATIONS: Dichrisda, LLC requests for a special permit/finding, pursuant to Zoning By-law 820/1020.2 (D) and G.L. c.40A, §6, to authorize a change of nonconforming uses at 44 Jericho Road to different nonconforming use, following a remand of the application from the Superior Court at the Board’s request.

Jason Talerman, Special Town Counsel was present.

The Board reviewed the draft decision written by Attorney Talerman paragraph by paragraph and made several changes.

Bangert moved to adopt the decision as written by Attorney Talerman, seconded by Trezise, all in favor unanimous.

DELIBRATIONS: Dichrisda, LLC requests approval of a Comprehensive Permit under M. G. L. Chapter 40 B, Sections 20 through 23 and the regulations promulgated there under, 760 CMR 30.00 and 31.00, for the construction of a 24 unit, townhouse development on a 1.042+/- acre parcel. Such property is located off Jericho Road and is shown on Assessor’s Map 45, Sections 12-1-0 and 12-1-B.

Jason Talerman, Special Town Counsel was present.

The Board reviewed the draft decision written by Attorney Talerman paragraph by paragraph and made several changes.

Bangert moved to accept the decision as written by Attorney Talerman, seconded by Trezise, all in favor unanimous.

The Board would discuss and vote on the rules and regulations at the April 17, 2008 meeting.

Sullivan moved to accept the minutes from November 1, 2007, December 20, 2008, January 10, 2008, January 17, 2008 and February 21, 2008, seconded by Morin, all in favor, unanimous.

Respectfully Submitted,

Nicole Harris
Administrative Assistant to the
Zoning Board of Appeals