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HomeMy WebLinkAbout2014-10-9Minutes for October 9, 2014, adopted Nov. 13 ZONING BOARD OF APPEALS T r W N C L c F_. 2 Fairgrounds road Nantucket, Massachusetts 02554 2018 MAY 16 Aft 11: 19 www nantucket-tna.gov Commissioners: Ed Toole (Chair), Lisa Botticelli (Vice chair), Susan McCarthy (Clerk), Michael J. O'Mara, Kerim Koseatac, Mark Poor, Michael An elastro, Geoff Tha er —~ MINUTES Thursday, October 9, 2014 Public Safety Facility, 4 Fairgrounds Road, Community Room —12:30 p.m. Called to order at 12:38 p.m. Staff in attendance: Eleanor Antonietti, Zoning Administrator; Marcus Silverstein, Zoning Enforcement Officer Attending Members: Botticelli(acting chair), McCarthy, O'Mara, Koseatac, Poor, Angelastro, Thayer Absent: Toole Late Arrivals: None Early Departures: Botticelli Agenda adopted by unanimous consent 1. August 14, 2014 — adopted by unanimous consent 2. September 11, 2014 — adopted by unanimous consent 1. 85-13 ,Joseph W. Foley & Harris K. Doliner 8 Charter Street Beaudette WITHDRAWAL WITHOUT PREJUDICE Sitting O'Mara (acting chair), Koseatac, Poor, Thayer Documentation File with associated plans, photos and required documentation Representing None Public None Discussion None Motion Motion to Accept the withdrawal without prejudice. (made by: Koseatac) (seconded by: Poor) Vote Carried 4-0 2. 37-14 Nantucket Islands Land Bank, as Owner, and Lynn G. Silverman et al, as Applicant/Appellant 4 Codfish Park Road Sutton CONTINUED TO NOVEMBER 13, 2014 3. 42-14 Eric F. Silverman and Melanie W. Silverman 5 Heller Way Beaudette WITHDRAWAL WITHOUT PREJUDICE Sitting Botticelli, McCarthy, O'Mara, Koseatac Documentation File with associated plans, photos and required documentation Representing None Public None Discussion None Motion Motion to Accept the withdrawal without prejudice. (made by: McCarthy) (seconded by: O'Mara) Vote Carried unanimously 4. 46-14 L. Dennis Shapiro, Trustee of Dionis Realty Trust 73 Eel Point Road Reade CONTINUED TO NOVEMBER 13, 2014 Page 1of5 Minutes for October 9, 2014, adopted Nov. 13 2. 53-14 Tack 3, LLC 26 Washington Street Reade Applicant is requesting Variance relief from the maximum height of thirty (30) feet and Special Permit relief to waive four (4) parking spaces where the proposed Duplex and retail uses require nine (9) spaces. Applicant proposes to alter the pre-existing non -conforming mixed-use structure by adding a second dwelling unit on a portion of the first floor, elevating the structure to meet building code requirements applied in coastal flood zones, and reconfiguring the on-site parking spaces. Sitting Botticelli, McCarthy, O'Mara, Koseatac, Thayer Documentation File with associated plans, photos and required documentation Representing Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP — This property has been before this board recently in regards to parking issues. Reviewed the reason for request for relief from maximum allowed height and parking requirement- Arthur equirementArthur D. Gasbarro, Blackwell and Associates Inc. — Explained flood plain constraints effecting the proposed work thus the reason for the variance request. The current 1st floor elevation is 8.9 feet. Chip Webster, Chip Webster Architecture — The existing roof pitch is 5/12 or 6/12 and low ceilings. The proposed is 8/12 pitch. Public None are asking for 9.2 feet increase; asked about the additional 5.7 feet Concerns Botticel i —The existing elevation is 8.9 feet; you Reade — the existing low ceiling heights will be changed for more effective use for a full 2nd -floor dwelling unit and is - floor retail space and dwelling unit. There are code requirements that have to be met concerning headroom. Also, HDC has approved a more appropriate roof pitch. The ridge height above grade being requested is 34.4 feet O'Mara — Asked administration if the board is limited in what they can grant for ridge height. Antonietti — There is no language in the bylaw that limits how many feet above the allowed maximum of 30 feet can be granted in these instances. Discussion about seeing the original drawings and the HDC -approved drawings and the date of construction. A special permit was granted in 1982. There is a building permit from 1995 for fire damage and repair to the interior. Additional information requested: original, HDC -approved drawings, and dimensions Motion Motion to Continue to November 13. (made by: O'Mara) (seconded by: Koseatac) Vote Carried unanimously 3. 54-14 E. Garrett Bewkes, III & Jane E. Bewkes, as Owners of Unit 1, and Far Greater eat & 7 B, Squam s Owner of Unit 2 de Applicant is requesting Special Permit relief to allow the alteration of Unit 1 by demolition and reconstruction of a replacement structure without loss of condominium status. The proposed work will meet all dimensional requirements of the Bylaw. Sitting McCarthy, O'Mara (acting chair), Koseatac, Poor, Thayer Documentation File with associated plans, photos and required documentation Representing Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP — Explained the reason for the request. Public None Concerns None Motion Motion to Grant the relief as requested. (made by: Koseatac) (seconded by: McCarthy) Vote Carried 4-1 /Poor opposed 4. 55-14 Sankaty Head Golf Club, Inc., as Owner, and Sankaty Head Foundation, Inc. as Appssee 100 li Road Hanley Applicant is requesting Special Permit relief to alter and extend a pre-existing nonconforming use and, to the extent necessary, Modification of previously issued Special Permits, in order to demolish a shed and dormitory and construct a new dormitory in substantially the same location. The proposed work, a facility upgrade, will not result in an increase in the number of campers and staff housed on the premises and will meet all dimensional requirements. In the alternative, Applicant, a not-for-profit educational corporation, requests a determination that no relief is necessary pursuant to the provisions of M.G.L. Chapter 40A, Section 3, as the dormitory is ancillary to the educational program conducted in conjunction with the "Caddie Camp". Sitting Botticelli, McCarthy, Koseatac, Poor, Thayer Documentation File with associated plans, photos and required documentation Representing Marianne Hanley, Reade, Gullicksen, Hanley, & Gifford LLP — Explained the reason for the request The "Caddie Camp" has existed since the 1930s. Reviewed previous zoning applications made in regards to the property. This is on land owned by Sankaty Head Golf Club, Inc. but the camp is a separate entity not utilized by the club. Public None Concerns Silverstein — The primary use of this property is Sankaty Head Golf Club and he views the "Caddie Camp" as an ancillary use to that. Looking at the scope of the principal use versus the educational use, it is his opinion that it is not maintained under educational use. If the camp owned its own property or leased property not used by the golf club, that would be different. nal entity leasing its land to receive that exemption. They are asking for the Hanley — Stated that the law allows an educatio exemption for the lease -hold area which involves the "Caddie Camp." McCarthy — The camp is a foundation on its own and the golf club is a corporation on its own. The foundation leases land from the corporation and that land is used solely by that foundation. Page 3 of 5 Minutes for October 9, 2014, adopted Nov. 13 7. 58-14 Mark D. Forsyth and Suzanne J. Forsyth 8 Gull Island Lane Stover Action deadline January 7, 2015 Applicant is requesting Modification of prior Special Permit relief to validate the inadvertent siting of a deck 4.85 feet from the westerly side yard lot line where a five (5) foot setback is required. In the alternative, Applicant requests relief by Variance from the side yard setback requirement. The Locus is nonconforming as to lot size, having a lot area of 4,873 square feet in a zoning district that requires a minimum lot size of 5,000 square feet and is nonconforming as to frontage having 48.38 feet of frontage in a zoning district that requires 50 feet of frontage. The pre-existing nonconforming structure is sited approximately 1.9 feet from the easterly side yard lot line where a 5 foot side yard setback is required. Sitting McCarthy, O'Mara (acting chair), Poor, Angelastro, Thayer Documentation File with associated plans, photos and required documentation Representing Isaiah Stover, Construction Manager Daily Construction — Reviewed the original Special Pemiit and reason for resulting intrusion into the setback. Public None Concerns Poor — Believes this could be handled under unintentional setback intrusion, it is very minimal. There is a hardship forcing the owner to fix this. Stover — the intrusion is not due to surveyor error. Angelastro — Asked what happens if the deck is cut off the structure. Stover — The deck is built into the framing, wrapped with cedar lock joints. It is a complicated fix. Angelastro — Feels that someday this will come back to bite the board. There is one or two of these every month. O'Mara — Is not clear if this is a variance or special permit. Antonietti — Explained why this falls under Variance. Discussion on the motion: Shape of the building and soil conditions are also factors. Whether or not and why correction would be a hardship. Several board members would like to do a site visit. Motion Motion to Grant the variance relief as requested due to the shape of the lot and topography. (made by Poor) (seconded by: no second) Motion to Continue to allow board members to view the site. (made by: Thayer) (seconded by: Poor) Vote Carried unanimously IN'. OTIJER BUSINESS 1. Rugged Scott n/k/a Beach Plum - 40B Comprehensive Permit — ZBA File No. 051-03 ZBA's role as HDC for issuing of Building Permits for Market Rate homes Administrative approval of modified square footage as a minor modification. Sitting McCarthy (acting chair), O'Mara, Koseatac, Poor, Thayer Documentation File with associated plans, photos and required documentation Representing Antonietti — The applicant is looking to construct three new buildings on market -rate lots. Reviewed the modifications to the structures included in the packet. Per the Comprehensive Permit for this 40B, ZBA acts as the HDC for the issuance of a Building Permit. HDC will do the final sign -off. Public None Concerns Angelastro — Disclosed he is representing the applicant in marketing of the property. Stepped away from the table. Discussion about the ZBA not taking the place of another regulatory board and the ZBA never agreed to take the place of the HDC on this project. Antonietti — Proposed that when a builder comes to her with modified plans, there will be one ZBA member to sign off on t plans in order to avoid getting into a hearing process. She will write the letter. This is for market -rate homes only. O'Mara — Wondered at the ability to forego all other government agencies applying only to the affordable units. Antonietti — It applies to the entire 40B area. McCarthy — Clarified that the "okay" being given is related to these models and the reduction in square footage. Asked if wh: the ZBA would be approving would change how the structures look on the outside. Steve Hollister, Cottage and Castle —josh Posner, the developer, informed him that ten of the 40B homes have been built before the recession hit and recently built two more. HDC endorsed the plans while the ZBA approved the plans at the outse of construction of each home. There is a minor modification in regards to the reduction of the square footage; when the recession hit, Mr. Posner was concerned about the price points for the larger units and came in for approval to do that and ha flexibility to go smaller. These structures are congruent with the original plans. Antonietti — Confirmed that there is no change in the ground cover. O'Mara — Feels that a greater power, the chairman, should be the decision maker. He studied this and did not sit on the proje when it came through this board. V. ADJOURNMENT Motion to Adjourn: 2:02 p.m. Submitted by: Terry L. Norton Page 5 of 5