HomeMy WebLinkAbout2017-04-13 Minutes for April 13,2017,adopted May 11 NANTUCKET
3�pNTUCr� �` ZONING BOARD OF APPEALS TO `` N CL ERK
N1 2 Fairgrounds Road 2077 HAY 2' AM ;
\y�o \�/' Nantucket, Massachusetts 02554 8 3
-PORM www.nantucket-ma.gov
Commissioners:Ed Toole(Chair),Lisa Botticelli(Vice chair),Susan McCarthy(Clerk),Michael J.O'Mara,Kerim Koseatac
Alternates:Mark Poor,Geoff Thayer,Jim Mondani
— MINUTES —
Thursday,April 13,2017
Public Safety Facility,4 Fairgrounds Road,Community Room–1:00 p.m.
Called to order at 1:02 p.m.
Staff in attendance: Eleanor Antonietti,Zoning Administrator
Attending Members: Toole,Botticelli, O'Mara,Koseatac,Thayer, Mondani
Absent: McCarthy,Poor
Late Arrivals: None
Early Departures: Botticelli
A:.enda ado.ted b unanimous consent
I. APPROVAL OF MINUTES
1. March 9,2017:Adopted by unanimous consent.
II. OLD BUSINESS
1. 41-16 Linda Mason 23 Monomoy Road Beaudette
Applicant is seeking Special Permit relief pursuant to Zoning By-law Section 139-33.A to allow an increase in the pre-existing
nonconforming ground cover ratio upon the pre-existing nonconforming locus.The proposed work consists of removing the pre-existing
nonconforming dwelling and replacing it with a larger dwelling which will be sited so as to cure the nonconforming side and front yard
setbacks.The Locus is situated at 23 Monomoy Road,is shown on Assessor's Map 54 as Parcel 205,and as Lot 17 upon Land Court Plan
10937-C. Evidence of owner's title is registered on Certificate of Title No. 22059 at the Nantucket County District of the Land Court.
The site is zoned Limited Use General 1 (LUG-1).
Voting Toole,Botticelli,Koseatac,Thayer,Mondani
Alternates None
Recused O'Mara
Documentation File with associated plans,photos and required documentation
Representing None
Public None
Discussion Could not hear anyone except Ms Botticelli.
Motion Motion to Continue to May 11,2017. (made by:Botticelli) (seconded by Koseatac)
Vote Carried unanimously
III. NEW BUSINESS
1. 08-17 Dean T.Belanger and Tammy E.M.Belanger 5A Pine Tree Road Belanger
Applicant is requesting Special Permit relief pursuant to Zoning By-law Section 139-16.C(4)(a) to reduce the 10 foot side yard setback to 5
feet to allow the construction of a secondary dwelling located within 20 feet of the rear yard lot line. In the alternative,and to the extent
necessary,Applicant requests relief by Variance pursuant to Section 139-32 for a waiver from the intensity regulations in Section 139-16.
The Locus is situated at 5A Pine Tree Road,is shown on Assessor's Map 68 as Parcel 227,and as Lot 703 upon Land Court Plan 16514-
55.Evidence of owner's title is registered on Certificate of Title No. 22926 at the Nantucket County District of the Land Court The site
is zoned Residential 5(R-5).
Voting Toole,Botticelli, O'Mara,Koseatac,Mondani
Alternates Thayer
Recused None
Documentation File with associated plans,photos and required documentation
Representing Dean Belanger–For construction of a second dwelling on a pre-existing,non-conforming lot.Under current R-5,one
side requires 10-foot setback;asking for relief on that.
Public None
Discussion(00:04:46) Botticelli–This is for the north,south and east property lines.It looks like the north elevation bottom of the exterior
stairs could be brought in further away from the back property line with a reduction in the size of the door.
Discussion about the location of the shed.
Motion Motion to Approve the relief as requested. (made by:Botticelli) (seconded by:Koseatac)
Vote Carried 5-0
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Minutes for April 13,2017,adopted May 11
2. 09-17 Faith Breen and George Breen 65 Miacomet Ave. Breen
Applicant is requesting modification of condition in a previously issued Variance by substituting a revised as-built site plan showing the
shell driveway and parking area remaining in substantially the same location since its original installation circa 1998. The remainder of
Variance Decision 048-13, which granted relief from the minimum lot size requirements in Section 139-8.0 in order to create an
undersized secondary lot for affordable housing, will remain in full force and effect. The Locus is situated at 65 Miacomet Avenue, is
shown on Assessor's Map 67 as Parcel 84,and as Lot 13B upon Plan No.2014-48.Evidence of owner's title is in Book 1439,Page 128 on
file at the Nantucket County Registry of Deeds.The site is zoned Residential 20 (R-20).Requests zoning relief to site a shed no closer to
the front yard lot line than the existing structure.
Voting Toole,Botticelli, O'Mara,Koseatac,Thayer
Alternates Mondani
Recused None
Documentation File with associated plans,photos and required documentation
Representing George Breen — This is for continued use of the as-built shell parking space in front of the house. This location
minimizes noise to the neighbors and keeps it away from the sewer pipe.This was formerly owned by Access Nantucket.
Public Denise Nesselrodt,65R Miacomet Avenue—The shed was in place when she purchased the 65R Miacomet Avenue.
Walter Flaherty, 69 Miacomet Avenue — He has been trying to resolve the parking issue for several years. It is his
understanding that the shed was supposed to be moved to the property line so that half was on 65 R and half on 65
Miacomet Avenue.Previously it was agreed that the front shell driveway be removed and parking located between the 65
and 65R and an apron installed.The DPW says there is no parking either side of the street so no on-street parking.
Discussion(oo:15:24) Discussion about the location of the shed,shared by 65 and 65R Miacomet Avenue.
Except for Ms Botticelli,cannot hear some of the board members or Ms Antonietti.
Botticelli—The Planning Board approved site plan in the packet shows two parking spaces coming off the driveway in
the front and shifting the shed to straddle the property line;it shows two parking spaces in the back for 65R Miacomet
Avenue.It looks like no board approved four parking spaces between the building.
Further discussion about the parking situation and the number of cars that can be parked on 65 Miacomet Avenue.
Discussion about the location of the existing and proposed wells in relation to the sewer lines.
Botticelli—Read the original ZBA decision;it says the shed is to be moved to the covenant line so it has to be moved.
Mondani—Access Nantucket sold the properties without completing work in compliance with the original permit.
O'Mara—He sees nothing that precludes the Breens and Ms Nesselrodt leaving the shed where it is and sharing it.
Further discussion about the shed and whether or not to require it be moved as stated in the original permit.
Botticelli—If the last Planning Board plan shows the parking coming off one driveway,they either have to comply with
that drawing or go to the Planning Board for relief;our approval also shows that The parking for 65 Miacomet Avenue
could go off the other side of the driveway where the old leach pit used to be then landscape the current parking area.
Toole—His feeling about the shed is if the owners are happy with the shed's location,he has no concerns about it. It
sounds like Mr.Breen isn't going to get the relief he requests and suggests he withdraw without prejudice and bring the
issue back;or he continue it to think about it. If the board votes to deny the relief,it would prevent the applicant from
resubmitting any application for this matter for two years. If Mr.Breen says he is withdrawing,that indicates he intends
to comply with the plan.
Mondani—If this request were granted,there would be a set of plans showing changes that haven't been completed.
Breen—Asked to the withdraw the application.
Motion Motion to Accept the withdrawal without prejudice. (made by: Botticelli) (seconded by: Koseatac)
Vote Carried 5-0
IV. OTHER BUSINESS
1. 051-03 Rugged Scott,LLC Rugged Scott a/k/a Beach Plum 40B Humphrey
Applicant is requesting release of Lots 34,35,36,and 37 from the Covenant recorded at Book 1010 Page 46 with the Nantucket Registry
of Deeds.The Applicant further seeks determination that proposed changes to the architectural plans approved with the Comprehensive
Permit may be considered insubstantial pursuant to 760 CMR 56.05 (11)(a)(b),and as such,may be authorized by the Zoning Board of
Appeals and incorporated into the Comprehensive Permit, as previously amended. The proposed changes pertain to new home
construction upon Market Rate Lots 2,15,and 36 in the 40B development known as Beach Plum Village.
Voting Toole, O'Mara,Koseatac,Thayer,Mondani
Alternates Botticelli departed
Recused None
Documentation File with associated plans,photos and required documentation
Representing Chris Humphrey, Cottage& Castle—Reviewed the requests.There will be presentation at the next meeting about the
progress of the project.The request to change the office in the basement of Lot 2 into a bedroom will be renoticed and
heard at the May meeting;they are withdrawing that portion without prejudice. Construction of a garage on Lot 27 will
be going before the Historic District Commission;it will be coming to this board at a future date. Form J releases are
connected to build out of the infrastructure;all the infrastructure has been completed.
Josh Posner,Principal
Public None
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Minutes for April 13,2017,adopted May 11
Discussion(o2:1l:24) Toole—We are discussing the Form J release and the swapping of the model homes.First we have to determine whether
or not it is substantial;if it is insubstantial,we can rule on it.
The consensus agrees that swapping the model homes is insubstantial.
Toole—We can discuss the releasing of the lots from the covenant. With the release of these lots, five will remain for
completion of the improvements. He believes Ed Pesce, with the plan in hand, should confirm completion of the
infrastructure.Twenty-eight building permits have been issued;of those twenty-six have Certificates of Occupancy(CO).
There were forty to begin with and they are asking for an additional four.Asked how many of the released lots are under
construction.
Posner—There are currently about three lots,already released,which are not actively under construction at this time.So
they are asking for an additional four lots to be released.
Humphrey—They are attempting to obtain building permits to install foundations before the summer season so that
work can start immediately in the fall.These will be in the rear part of the development.
O'Mara—Asked the value of the five lots today. ($500,000).Of the lots remaining which will be market-rate lots. (Three)
There is$1.5M in collateral on five lots.
Toole—Thought the ratio of market-rate to affordable homes was 3-1;this will be 3-2.Asked how that works.
Can't hear the response.
Posner—We are ahead of the game in terms of meeting 25%construction of affordables.Should have 26 Cos by June.
Going to be building the last three affordable homes next year and as many of the remaining market rates as sales allow.
Control on that is the issuance of Cos.
Toole—Mr.Posner said they are building out all the affordable lots this year but the ZBA is not releasing two of them.
Posner—Expects to come back in two months to get the balance released.
O'Mara—He thinks before that meeting,the ZBA consulting engineer should visit the project site.He thinks the$1M is
sufficient security.
Motion Motion to Grant the release of Lots 34,35,36,and 37. (made by:Mondani) (seconded by:O'Mara)
Vote Carried unanimously
Motion Motion to Grant the relief to approve the exchange of model homes types for Lots 15 and 36;the exchange will
not result in the increase of bedrooms. (made by:Mondani) (seconded by:Koseatac)
Vote Carried unanimously
Motion Motion to Accept the withdrawal of the request to change the Lot 2 basement office into a bedroom. (made by:
Koseatac) (seconded by:O'Mara)
Vote Carried unanimously
2. Clarification of Ms Antonietti's scope of authority.
Voting Toole, O'Mara,Koseatac,Thayer,Mondani
Discussion(ol:3ao3) Toole—There was a ZBA decision granted in`Sconset to dig a basement no closer to the lot line;we tried to impose a
construction protocol to protect the neighbors. However, Ms Antonietti is uncomfortable with denying an applicant's
request even when it is within the applicant's right to apply to the ZBA.
O'Mara—When she's in doubt,she can require the applicant come before the ZBA.
Toole — Subsequent to our conversation, Ms Antonietti talked to Mr. Andrew Vorce who confirmed she can decide
something is beyond her authority. She wants to ensure the ZBA agrees.We aren't changing any action;he just wants to
clarify the Ms Antonietti has the right to say she is not going to make a decision.
Discussion about the ZBA reviewing Planning Board zoning change warrant articles and zoning articles adopted at
Annual Town Meeting that allow the increase in density.
3. Approve changes to time and venue for May 11,2017 ZBA meeting:Proposed time will be 10 a.m. to 1 p.m. and venue will be the 2°d-
floor Training Room of Police Safety Facility.
Voting Toole, O'Mara,Koseatac,Thayer,Mondani
Discussion(01:41:34) Antonietti—Explained the reasons for the change.
V. ADJOURNMENT
Motion to Adjourn:
Sources used during the meeting not found in the files or on the Town website:
1. None
Submitted by:2:43 p.m.
Terry L.Norton
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