Fifty-Foot Neighbor Mapping Mandate Joins Cohasset Zoning Board Application Rules
Key Points
- ZBA application rules now require showing all dwellings within 50 feet of an applicant's property line
- New private dock approved for 54-60 Beach Street after "non-commercial" wording dispute
- Flood-plane pool and patio authorized for 159 Atlantic Avenue with dark-sky lighting conditions
- Building Inspector reports six new ADU inquiries following town-wide bylaw changes
The Cohasset Zoning Board of Appeals (ZBA) tightened its filing requirements Monday night, mandating that all future applicants clearly identify any neighboring dwellings within 50 feet of their property lines on submitted site plans. The administrative change stems from recent confusion over what constitutes an "adjacent" property, particularly when separated by private ways or small lanes. Acting Chair Matt Watkins noted that the update provides much-needed clarity for the board and the public, stating, if somebody comes and their property isn't on there, but they're within 300 feet, that's reasonable.
The board debated whether to use a wider radius but ultimately favored a distance that captures immediate neighbors most affected by construction. We want to see the structures on adjacent properties that are within 50 feet of the applicant's property. That would pick up a property across a lane,
Chair David McMorris explained. Member Woody Chittick agreed, adding, I would be in favor of striking 'adjacent' and putting in 50 feet so that a pathway or public way doesn't exclude the property that really is going to be affected.
Motion Made by W. Chittick to amend Section F of the ZBA application to require the location of all dwellings within 50 feet of the property line. Motion Passed (5-0).
In substantive hearings, the board granted a special permit for a new residential dock at 54-60 Beach Street after a debate regarding the specific language of the approval. The applicant, GSD Estate Nominee Trust, withdrew plans for a retaining wall following Conservation Commission feedback. Engineer Gregory Morris informed the board, We've removed the reconstruction of the retaining wall. We're going to use the existing wall as is. For the dock, there were zero changes made.
Mr. Chittick pushed to ensure the dock remained strictly for the homeowner, arguing against the draft's use of the term "non-commercial." He stated, I don't like the phraseology 'non-commercial.' You could add a lot of non-commercial craft that could be a hazard. I would strike the non-commercial part and use 'private boat dock' as in the bylaw.
Building Inspector John Coughlin noted that both definitions get you to the same place,
but the board opted for the tighter terminology. Motion Made by D. McMorris to approve the dock application with the wording changed to strike "non-commercial" and say "private." Motion Passed (3-0).
The board also authorized a pool and patio project at 159 Atlantic Avenue, despite concerns raised by neighbor Ms. Robinson regarding flood impacts and light pollution. Attorney Adam Brodsky, representing the homeowners, argued the project met all environmental standards. The revisions to the site plan had to do with the house and the garage, which are not part of this application,
Brodsky said. Nothing we're proposing is really going to change any of those flood conditions.
Mr. McMorris emphasized that the town's existing "dark sky" regulations would protect neighbors from light spill. Motion Made by W. Chittick to approve the special permit with the updated site plan version approved by the Conservation Commission. Motion Passed (3-0).
At 76 Beach Street, the board finalized a special permit for a single-family dwelling expansion and new garage. Architect John Teryaki provided aerial overlays to satisfy previous board requests regarding the neighborhood's density. We submitted a site plan showing the two footprints of the neighbors to illustrate the fact that to the east, the next house is quite a bit farther away,
Teryaki explained. Member Leah Fernandez spotted a minor clerical error in the draft, noting, In the draft decision, there's just a little typo. Section six, required yards and open space, is incomplete.
Motion Made by C. Higginson to approve the draft decision for 76 Beach Street with the noted correction. Motion Passed (3-0).
Earlier in the evening, the board addressed a request for 469 Jerusalem Road, where the applicant is seeking to resolve long-standing permit issues. Attorney Richard Henderson requested a continuance to April 6th, noting he is requesting a continuance for this hearing and hopefully by that time we may withdraw it.
Inspector Coughlin explained the applicant is working with the Sewer Commission to close out a permit dating back to 2014. Motion Made by W. Chittick to continue the hearing for 469 Jerusalem Road to April 6, 2026. Motion Passed (3-0).
To close the session, Inspector Coughlin raised a technical conflict in the town bylaws regarding setbacks for "structures" like air conditioning condensers and pool equipment. The bylaw specifically says 'building.' It doesn't give relief to a pool or equipment. Technically, if your AC condensers are within the setbacks, they are in violation because they aren't a building,
Coughlin said, noting the restriction sometimes prevents common sense
solutions on tight lots. He also reported that the town has received six inquiries or permits for Accessory Dwelling Units (ADUs) since the recent bylaw update.