Scituate Zoning Board of Appeals

Meeting Minutes

March 19, 2009

PRESENT: Peter Morin, Chairman, Brian Sullivan, Sara Trezise, Edward Tibbetts and John Hallin.

OTHER: Neil Duggan, Building Commission/Zoning Enforcement Officer.

First Application: Paul J. Mirabito of 131 Rear Winter Street Norwell, MA 02061 requests a special permit under section 610.2 B from the Zoning Board of Appeals to create two fifty-foot frontage lots on land off of Tilden Road (45-1-3A) between #87 and #103.

Paul Mirabito was present.

Mr. Mirabito presented a plan to the Board. He was seeking two fifty-foot frontage lots in the A-2 (20,000 sq. foot) residential district. Two of the lots have over forty thousand square feet of upland area and both have frontage on Tilden Road. He will be seeking a common drive special permit from the Planning Board. There is a deed restriction on lot two and three that they cannot be further divided. He is proposing the least amount of homes on the lots. Due to the new storm water regulations they may have to move the common driveway.

Brian Sullivan- asked Paul if he was the property owner. Mr. Sullivan asked how the storm water regs would affect the common drive.

Paul Mirabito- yes, he was the property owner and he would like to keep the most privacy for the neighbors.

Peter Morin- the memo from the Fire Chief gave a suggestion on where they would like the driveway.

Paul Mirabito- he would be returning to the Traffic Rules and Regs Boards. The driveway on lot one would have to come off the common driveway.

Robert Snell of 15 Wilshire Drive- spoke against the application. He had concerns about headlights shining into his home and traffic safety in the neighborhood. There were no common driveway developments in the neighborhood.

Brian Sullivan- the Board approved one right across the street from this project.

Paul Mirabito- the lots were bigger than normally required. He bought the property in 1975.

Brian Sullivan- the application meets the bylaw and he will vote to approve it.

Frank King of 25 Wilshire Drive - asked which direction the houses would face.

Edward Tibbetts- explained the common driveway bylaw to Mr. Snell. He agreed with the location of the common driveway and was in favor of the application.

Debra Snell of Wilshire Drive- asked about planting trees and vegetation on her land.

Ed Tibbetts- she can plant anything on her land.

Trezise moved to approve the application with the condition that there be a deed restriction with section 610.2, seconded Sullivan, all in favor, unanimous.

Second Application: David King of 54 Tower Road, Plymouth, MA 02360 requests a variance to construct an attached garage at 315 Central Avenue. The garage will be setback 8.3 feet from River Road in Humarock.

David King was the contractor for the current owner.

John Farren was the surveyor.

David King- the garage was the only place for the utilities and also the owner was an elderly lady who had trouble climbing stairs. The owner has owned the house since 1965 and would like to keep it as a family home. There has been nothing done to the dwelling in many years. The attached garage will allow her to enter the home without climbing stairs. They are trying to avoid raising the house and garage, which would look horrible.

John Farren- this is a corner lot, so they have to call the side yard a front yard.

Peter Morin- asked about the grade.

John Farren- they will bring the garage up about four feet. The existing first floor is at 16.5 feet.

Neil Duggan- in 1998 he eceived a complaint and he condemned a detached screened in porch in the rear of the property. He met with Mrs. Sherman and had her reinforce the deck. He felt the house, which had a permit to remodel, was completely reconstructed. There was an issue with the septic system and they have put in a new septic system that the health agent feels should be okay. The dwelling is not finished on the inside. The conservation agent considers the peninsula to be a barrier beach. Mr. Duggan felt that the Conservation Commission would make them raise the garage and they will need a ramp. He was sure they would not be able to use fill on this site. .

Gene Lydon of 310 Central Avenue- he would like the house should come down because it had been condemned. He also questioned the septic system. He would like to see the house remodeled prior to the garage being built. .

John Greco of 21 Cliff Road- would also like to see the house fixed first.

David King- They will rehab the whole house. He also is a licensed septic installer and felt the septic was fine.

Neil Greco of 319 Central Avenue- asked if he would need an occupancy permit prior to adding the garage.

Stuart Fultz of 28 River Road- was not against the property being developed but rather concerned with the current condition of the lot. He would like the property remodeled prior to the garage being added.

Mark Kielty of 314 Central Avenue- asked about the height restriction in Scituate.

Neil Duggan- it’s measured by the average grade to 40-feet to the top of the ridge.

Edward Tibbetts- suggested they might have other options. He would like them to look at the land on the other side of the house. He also suggested looking into starting from scratch.

Christine of Ames Way in Marshfield- she was representing an abutter of a property in Scituate. She asked what would be considered part of the footprint.

Neil Duggan- anything with a roof on it.

Sullivan moved to grant a continuance to April 16, 2009, Seconded by Trezise, all in favor, unanimous.

Third Application: Continued from January 15, 2009: A request for modifications to the Comprehensive Permit issued to Stockbridge II Realty Trust on February 10, 2003, 1) allow the two multi-family buildings to be rental properties, 2) allow the reallocation of four of the affordable units from the single-family homes to the multi-family building, 3) related modifications. The parcel is located at 96-100 Stockbridge Road.

Barbara St. Anre’, Special Town Counsel was present.

John Bowman from Crosswhite Property Advisors was present.

Attorney Donald Nagle was present.

Stephen Kominski and Roberto Arista from Dakota Partners were both present.

Steve Kominski- talked about Mass Housing. They went to HAC for guidance. They were advised to call Mass Housing and engage them, which they did but they wouldn’t get involved.

Brian Sullivan- asked if Mass Housing refused to review it because they were not the subsidizing agency.

Barbara St Andre- felt that Mass Housing should not be the agent. NEF would review it. Masshousing has taken the position that they were not the authority and still under the old NEF, which was taken over by Sorvergn bank. No one wants to touch it, so it is now deemed back in the Board’s lap.

John Bowman of Crosswhite Property Advisors- gave a detailed explanation of his review of the proforma and read his report into the record. (see file for report).

Steve Kominski- one mistake on the housing side was that the 13 percent developers fee was actually higher at 18 percent. The appraised value he felt was around 2.4 million. They structured it as a tax-exempt loan. To do the deal the way it was approved would render the project uneconomical.

Brian Sullivan- would need to time to read through the material because they just received it that night.

Sara Trezise- the Board had no evidence that it is economic.

Donald Nagle- felt they have proven the project is economical. The conditions as written have rendered the project uneconomical.

Brian Sullivan- did not agree with this and felt the Board did not have enough information to make a decision.

Edward Tibbetts- was not convinced that the project would be built.

Barbara St’ Andre’- the burden is on the developer to prove that the conditions they were asking to be changed render the project uneconomic. That is the statutory requirement.

Peter Morin- would like Mr. Bowman to review the previously approved project and compare it to this one.

Mr. Bowman agreed to review this at no cost to the Board.

Peter Morin moved to continue the project until April 16, 2009, seconded by Sullivan, all in favor, unanimous.

The Board entered into executive session regarding pending litigation via roll call, the Board would be entering back into public session.

The Board returned to open session ten minutes later.

David Pallota was present.

Merrill Diamond and Frank Denva were both present.

Merrill Diamond and Frank Denva- were interested in developing the property located at 44 Jericho Road. They were the developer and architect for the Dreamwold project in Scituate and they were just finishing up the Ocean Gate project in Marshfield. Mr. Merrill was not sure how he could do the project that was designed under a special permit + he did not have input from the abutters yet.

Peter Morin- felt it was wise to discuss this with the neighbors. He explained to Mr. Diamond the only way he could proceed with the project was under Chapter 40B.

The Board entered into executive session regarding pending litigation via roll call, the Board would not be returning to public session.

Respectfully Submitted,

Nicole Harris