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HomeMy WebLinkAbout2017-5-11Minutes for May 11, 2017, adopted June 8 ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 www.nantucket- ma.gov +. L- NANTUi;Ki I:. ? 1, N C i t_ r t 7" � . 2017 JUN -8 PY 3: 3 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, May 11, 2017 Public Safety Facility, 4 Fairgrounds Road, Training Room —10:00 a.m. Called to order at 10:08 a.m. Staff in attendance: Eleanor Antonietti, Zoning Administrator; T. Norton, Town Minutes Taker Attending Members: Toole, Botticelli, McCarthy, O'Mara, Koseatac, Poor, Thayer, Mondani Absent: None Late Arrivals: Mondani, 10:11 a.m. Early Departures: None A enda ado ted b unanimous consent APPROVAL OF 1. April 13, 2017: Approved by unanimous consent. • 1 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, McCarthy, Koseatac, Thayer Alternates Mondani Recused O'Mara, Poor Documentation File with associated plans, photos and required documentation Representing Rick Beaudette, Vaughan, Dale, Hunter and Beaudette P.C. — Reviewed the request. In January the lots and house sizes in the neighborhood were reviewed; it is a mid -sized structure in regards to ground cover for the area. They now have Historic District Commission (HDC) approval of the plans. They have worked with neighbors to alleviate their concerns. A construction fence will prevent encroachment on abutting Land Bank property. Kevin Vician, Woodmeister Master Builders. Robert Sarkisian — He talked to Chip Stahl; said Mr. Stahl is in support of this. It's a small 2nd floor. Public None Discussion (1mg) Toole — Doesn't agree the letter shows support; it isn't whole- hearted. He doesn't agree that the mass is consistent with the neighborhood; there are three houses that have comparable percentage of ground cover; this is in the top 10% of houses in the area. He feels the increase in ground cover would be substantially detrimental to the neighborhood and it doesn't meet the standards for relief. The existing structure is already over the ground cover for the lot. Botticelli — She thinks the neighbors are not against it. Asked what the percentage of increase is. (24% increase) McCarthy — If this is approved, it sets a precedent. She agrees with Mr. Toole. Discussion about the lots in the neighborhood that are non - conforming and the possibility of them further increasing their non - conformity and whether or not the request would be substantially more detrimental to the neighborhood. Mondani — He also agrees with Mr. Toole. Koseatac — He isn't comfortable about this. Agrees the letters from Mr. Stahl and David Berry do not express overwhelming support. Beaudette — Expressed his frustration at what he perceives as a change of heart from the Board since January. Thayer — Pointed out that the HDC reviewed four revisions and in that time the groundcover did not reduce at all. Discussion about the sense and expectations of the Board in January compared to their stance at this time and what, if anything, changed in their minds. Beaudette — Asked for a continuance to June 8 meeting to come back with a different design. Motion Motion to Continue. (made by: Botticelli) (seconded by: Koseatac) Vote Carried 5 -0 Page 1 of 4 Minutes for May 11, 2017, adopted June 8 I . h) 17 Ryan Conway 21 Ticcoma Way Conway Applicant is requesting Special Permit relief pursuant to Zoning By -law Section 139 -16.0 to reduce the 10 -foot side- and rear -yard setback to 5 feet or, in the alternative, and to the extent necessary, to validate setback distances of 9.7 feet where 10 feet is required. The Locus is situated at 21 Ticcoma Way, is shown on Assessor's Map 67 as Parcel 162, and as Lot 1 upon Plan No. 2013 -34. Evidence of owner's title is in Book 1466, Page 213 on file at the Nantucket County Registry of Deeds. The site is zoned Residential 20 (R -20). Voting Toole, McCarthy, O'Mara, Koseatac, Thayer Alternates Poor, Mondani Recused Botticelli Documentation File with associated plans, photos and required documentation Representing Ryan Conway — Reviewed his request for construction of a pool shed. The wood platform is not part of the deck. Public None Discussion(ilm) Antonietti — She was being cautious legally when she advised that he needed relief for the wood deck as it is shown on the plan submitted with the application as a "wood platform ". Toole — The wood platform as described does not need relief. The shed is the only issue. O'Mara — You're allowed to go from 10 to 5 in this district; he's going to 9.7. Motion Motion to Grant the relief as requested; no further encroachment allowed without returning to the board. (made by: O'Mara) (seconded by: McCarthy) Vote Carried 5 -0 2. 11 -17 Lauren M. Ard and Warren H. Ard, III 6 Berkeley Street Alger Applicants seek a Variance pursuant to Zoning By -law Section 139 -32 to construct an elevator shaft and access porch on the front of the existing dwelling that will intrude no more than 15 feet into the 35 -foot required front -yard setback. Applicants intend to construct an addition for an elevator, install an in- ground residential swimming pool, convert their existing dwelling to two bedrooms, construct a one- bedroom secondary dwelling, and erect a shed having ground cover of no more than 200 square feet. Applicants further request Variance relief to exempt the ground cover required for the elevator from a total allowance of 1,500 square feet permitted upon an undersized lot of record. The Locus is situated at 6 Berkeley Street, is shown on Assessor's Map 76.1.3 as Parcel 43, and as Lots 13 and 34-43 in Block No. 4 upon Land Court Plan 5004 -G. Evidence of owner's title is registered on Certificate of Title No. 25355 at the Nantucket County District of the Land Court. The site is zoned Limited Use General 3 (LUG -3). Voting Toole, McCarthy, O'Mara, Koseatac, Mondani Alternates Poor Recused Botticelh, Thayer Documentation File with associated plans, photos and required documentation Representing Sarah Alger, Sarah Alger LLP — This is a variance relief for a 120 SF elevator shaft; all other items are allowed by right. Reviewed the proposed work. She's authorized to talk for EJ Harvey, Anna and Kent Robbins, Andrew and Jill Viselli, Warren and Geraldine Cobb, and Fred Tonkin. This is an upside -down house and the elevator allows access to the 2nd - floor living space. Under MGL 48 Section 3 handicapped (H /C) ramps are exempt from zoning; that doesn't apply to the elevator shaft; she feels this is justifiable as it is necessary for Mr. Ard to access the 2nd -floor living space. Public Joe Paul, 4 Dartmouth Street — The only issues he would have had would have been its proximity to the street or detracting from the house. The design is very nice and the project is in keeping with the neighborhood. Christine Smith — Supports this and asks the variance be granted to prevent their having to come back. Ronald Arigo, 5 Arlington Street — The shed would be placed in sight of his yard and he'd rather not look at it but it is conforming. Discussion (imo) O'Mara and Toole disclosed that they went to a fund raiser for this applicant. Asked if anyone has concerns with their (11:29) sitting on this application. The abutters, Stephen Seward and Ronald Arigo, have no concerns. Continued for copies of HDC approval. Discussion about the departure of Stephen Seward, 9 Berkley Street, and his concerns in regards to the project. Toole — Suggested the elevator shaft be built compliant, then they wouldn't need relief. The second dwelling is hypothetical at this time; this board doesn't normally approve something without plans. O'Mara — He understands the economy of scale in planning and building all at once. He's fine with approving the guesthouse at this time. McCarthy — If the Board exempts the square footage of the elevator shaft from groundcover, the guesthouse could be built by right. The elevator shaft is a hardship; the purpose is the same as for a H/C ramp. Mondani — Doesn't want to create a variance for something that doesn't need one. Motion Motion to Grant variance for 120 square feet overage of groundcover pursuant to hardship criteria for construction of H/C accessible elevator. (made by: Koseatac) (seconded by: McCarthy) Vote Carried 5 -0 Page 2 of 4 Minutes for May 11, 2017, adopted June 8 3. 12 -17 8 Derrymore, LLC 8 Derrymore Road Barnes Applicant seeks Variance relief pursuant to Zoning Bylaw Section 139 -32 from the front yard setback requirements in Section 139 -16.A. Specifically, applicant seeks a waiver to validate a front yard setback distance of 8.8 feet in a zoning district which requires a minimum distance of 10 feet. The dwelling is otherwise dimensionally compliant with the provisions of Section 139 -16. The Locus, an undersized lot of record, is situated at 8 Derrymore Road, is shown on Assessor's Map 41 as Parcel 244, and as Lot 6 upon Plan Book 1, Page 25. Evidence of owner's title is in Book 1514, Page 24 on file at the Nantucket County Registry of Deeds. The site is zoned Residential 1 (R -1). Voting Toole, Botticelli, O'Mara, Koseatac Alternates Poor, Thayer, Mondani Recused McCarthy Documentation File with associated plans, photos and required documentation Representing Curtis Barnes — Structure is circa 1924 and was on a rubble foundation; when it was put on a new foundation, the first floor was raised eight inches requiring an additional step, which extended into the front setback. Submitted letters of support into the record. Pointed out that 6 and 10 Derrymore are pre - existing with the same condition. The location of the structure has not moved. The door landing is 42 inches from front to back; he believes the building department requires a landing to be at least 36 inches. Peter & Cheryl Barnes Public None Discussion (11:16) On her phone, Ms Barnes had a photo of the house before it was raised and showed it to the board members. Botticelli — One way to resolve this is to reduce the landing by 14 inches; an in -swing door does not require a 42 -inch platform. Given the context, she doesn't have a big issue. She'd like to see an existing - conditions as -built plan in the file, dimensions of the face of the building to show the building did not move closer to the road, and clarification on the Building Code requirements for the landing; out -swing door requires a 42 -inch door. Toole — It could have been built to be compliant. Barnes — Asked for a continuance. Motion Motion to Continue to June 8 meeting. (made by: Koseatac) (seconded by: O'Mara) Vote Carried 5 -0 IV. OTHER BUSINESS 1. 051 -03 Rugged Scott, LLC Rugged Scott a /k /a Beach Plum 40B Humphrey The Applicant seeks assent of the Zoning Board of Appeals to amend the Declaration of Restrictions and Easements to allow an additional bedroom in a house. Applicant is further requesting related determination that the proposed change 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. Applicant specifically seeks to change the number of bedrooms on Lot 2 from 3 to 4 bedrooms, thus permitting a basement bedroom as proposed. Voting Toole, Botticelli, McCarthy, O'Mara, Koseatac Alternates Poor, Thayer, Mondani Recused None Documentation File with associated plans, photos and required documentation Representing Jamie Feeley, Cottage & Castle Chris Humphrey — Reviewed the request to convert an office to a bedroom. Public None Discussion (12:ot) Toole — The first question to answer is whether or not it is a substantial change. Personally he thinks this is substantial as the original number of bedrooms had been whittled down from the original submission years ago. O'Mara — If this is approved, every homeowner could come back to make the same change; therefore he feels it is substantial. Feeley — Josh Posner, owner of Rugged Scott, would be willing to keep the overall number of bedrooms at 141 by allowing Mr. Feeley, owner of this lot, to have another bedroom and changing a 4- bedroom house to a 3-bedroom- O'Mara — That's nice to know but it is still substantial in that it changes the rules for one property. Antonietti — Because this is specific to one lot, she would have to check whether or not the abutter notification extends 300 feet when dealing with a 40B. Toole — Because we are dealing with a development, the consensus is finding this to be a substantial change. Humphrey — Asked to continue to June 8 in order to notify the neighbors. Antonietti — The legal notice will be posted next week and the abutter notification will go out after that. Feeley — In the community area park, the gazebo will need ZBA approval; will be back with that. Toole — At the June 8 meeting, this board will have to determine whether or not the gazebo is substantially detrimental. Antonietti — Told the applicant to include the gazebo in this and send her a revised addendum. Motion The Board finds that the application to convert a basement office into an additional bedroom for Lot 2 constitutes a substantial change and requires a public hearing. (made by: Botticelli) (seconded by: McCarthy) Vote Carried 5 -0 Page 3 of 4 Minutes for May 11, 2017, adopted June 8 2. Discussion about authorizing the Zoning Administrator to refer certain applications for administrative relief to the Board for duly noticed hearings. Voting Toole, Botticelli, McCarthy, O'Mara, Koseatac Alternates Poor, Thayer, Mondani Discussion (12:17) Antonietti — She has been reticent in granting administrative relief on some applications and has recommended the applicant come to the ZBA; one applicant did not want to go that route so she granted the relief as the application met the technical merits of the pertinent section of the by -law. She sent it to the Board members, who consented, so she filed with the Town Clerk; a neighbor then expressed concerns within the appeal period. She addressed the concerns and put the neighbor in contact with the applicant. She also spoke to Chairman Toole and Planning Director Vorce who both say she should be allowed to tell an applicant they must go to the ZBA. Toole — The default system should be to go to the ZBA; suggested extending the three -day period for reviewing Ms Antonietti's rulings. Expressed his opinion that Ms Antonietti is "taking the applicant's side" when he feels she should be more pro - active in protecting the ZBA's interests in regards to starting the appeal- process period. Discussion about Ms Antonietti's position as primarily customer service per PLUS or being pro - active in protecting the ZBA interests. McCarthy - The applicant's expectations should be that their application is going to the ZBA. Motion Motion to Affirm that Ms Antonietti has the authority to send certain applications to the ZBA when she feels uncomfortable rendering a decision. (made by: O'Mara) (seconded by: Botticelh) Vote Carried 5 -0 V. ADJOURNMENT Motion to Adjourn: 12:30 p.m. Sources used during the meeting not found in the files or on the Town website: 1. None Submitted by: Terry L. Norton Page 4 of 4