Elm Street Rebuild Denied After Tense Hearing; Dock and ADU Plans Face Hurdles

Key Points

  • A petition to rebuild a home at 95 Elm Street was denied with prejudice after the board deemed the structure abandoned.
  • The hearing for a new dock at 45 Joy Place was continued to December 1st to review conflicting survey information and neighbor concerns.
  • An application for a large Accessory Dwelling Unit at 149-151 Hull Street was withdrawn after it failed to meet the bylaw's owner-occupancy requirement.
  • The Elm Street hearing became highly contentious, with the applicants accusing the ZBA chair of a conflict of interest.
  • The board advised the Hull Street applicant to redesign the project under 900 sq. ft. to qualify as a by-right ADU.

The Cohasset Zoning Board of Appeals held a contentious meeting on October 27, 2025, that saw one controversial application denied with prejudice, another continued amid complex property line disputes, and a third withdrawn after failing to meet new town bylaws. The hearing for 91-95 Elm Street was marked by heated exchanges and accusations of bias as the board considered a petition to rebuild a demolished home.

The evening's most dramatic moments came during the hearing for 95 Elm Street, where petitioner Dr. Alzin argued for his right to rebuild a non-conforming residence he claimed was involuntarily demolished due to "municipal action." He presented a binder of town documents, stating, "I rise tonight not with conjecture or speculation with evidence... evidence created, signed and preserved by this very town." However, ZBA Chair Dave McMorris pointed to a town bylaw regarding abandoned structures. "A non-conforming structure that has been left vacant and unmaintained for more than two years, will be deemed abandoned and may not thereafter be altered or used until brought into compliance," McMorris stated, noting the property had been empty since at least 2019. The discussion grew emotional when the petitioner's wife, Mrs. Alzin, accused the board of making the process difficult for a "single family" while favoring wealthy developers. "He just bought that for me so that I can enjoy a water view," she said. "Please let my husband build a little house here." New board member Leah Fernandez stressed that the application was incomplete and lacked the necessary plans and data for the board to make an informed decision. "In order for us to approve or deny anything, the actual application has to be filled out," Fernandez explained. After the applicants refused an offer to withdraw their petition, the board voted on the deficient application. Motion made by Leah Fernandez to deny the application with prejudice. Vote Passed 3-0.

The board then turned to an application for a new dock at 45 Joy Place. The hearing was complicated by objections from neighbor Brian Nelson, who raised concerns about conflicting property surveys, infringement on his deeded right-of-way, and the project’s proximity to the Cohasset Central Cemetery, a national historic site. "What you've got is conflicting surveys," Nelson said, suggesting a peer review of the applicant's use of a "Colonial method" to determine riparian lines. Andrew Ashley, the applicant, defended his team's work, saying, "The facts are the facts on the piece of paper that has been done by a surveyor." Board member Woody Chittick expressed his own uncertainty with the survey method, noting, "I've just never seen this before." Board member Lee Darst also voiced agreement with the need for clarity. Given the volume of new information presented, the board decided to continue the hearing. Motion made by Woody Chittick to continue the hearing to the next meeting on December 1st. Vote Passed 4-0.

Finally, a proposal for an Accessory Dwelling Unit (ADU) at 149-151 Hull Street was withdrawn after the board identified several disqualifying issues under the town's recently updated bylaw. Applicant Kenny Larkin plans to build a 1,162-square-foot unit, which categorizes it as a "Large ADU" with stricter requirements. The plan unraveled when Larkin confirmed he would not be living on the property. "I do not plan to occupy the premise," he said. McMorris explained that owner-occupancy is a "foundational requirement" for ADUs of that size. The board advised Larkin to redesign the project to be under 900 square feet, which would classify it as a standard ADU with fewer restrictions, and to modify the existing garage rather than demolishing it. Larkin agreed to withdraw the application without prejudice to submit a revised plan. The board also approved meeting minutes before adjourning. Motion made to approve the meeting minutes from October 6th. Vote Passed 4-0. The meeting was adjourned.