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HomeMy WebLinkAbout2018-5-24Minutes for May 24, 2018, adopted July 12 N A N ( U C'h'. L ZONING BOARD OF APPEALS 2 Fairgrounds Road 2018 JUL 13 FM 12: t4 y Nantucket, Massachusetts 02554 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, May 24, 2018 Public Safety Facility, 4 Fairgrounds Road, Community Room —4:00 p.m. Called to order at 4:06 p.m. and Announcements made. 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: None Early Departures: O'Mara, 4:36 p.m. Town Counsel: Ilana Quirk, K&P P.C. (by phone 4:27 pm.) Agenda adopted by unanimous consent 1. 051-03 Rugged Scott, LLC Rugged Scott a/k/a Beach Plum 40B Hanley/Reade Applicant proposes to modify and clarify the Comprehensive Permit to update plans to the extent necessary to depict the garage use easement area upon Lot 24. To the extent necessary, Applicant requests modification of the Comprehensive Permit, so as to effectuate the foregoing relief. Locus is shown on Assessor's Map 68 Parcel 823 situated at 12 Blazing Star Road within the Rugged Scott, a/k/a Beach Plum Village, 40B subdivision, and is shown on Plan No. 2006-19. Voting Toole, Botticelli, O'Mara, Thayer, Mondani Alternates Poor Recused McCarthy Documentation File with associated plans, photos and required documentation Representing Marianne Hanley, Reade, Gullicksen, Hanley, & Gifford LLP Public None Discussion (4:07) Hanley — Read a statement that is a follow up on two points raised at the last meeting. the project being rendered uneconomical should the garage not be permitted and proposed improvements on the Lot 24 structure as part of a settlement. Toole — If the Board is in agreement, we need to vote to close the public hearing; if we do, a decision must be rendered within a certain number of days. O'Mara — He's not clear on whether or not the buyer of Lot 24 knew of the easement prior to the purchase of the property. Hanley — The Purchase and Sales Agreement stated there was an easement on Lot 24. We were never informed that it was an issue until this application was filed. Botticel i — Asked if there are actual numbers showing that the project would be rendered economically unviable. Toole — Agrees that actual numbers would be helpful. Explained how those numbers could be calculated using the projection in the Comprehensive Permit. Not providing the numbers is the client's prerogative; but it is erroneous for the applicant to assert that this Board knows the project would not be viable. This board has no idea if the statement the project would be rendered unviable is factual. He's ready to close the public hearing on the modification request Antonietti — Once the hearing is closed, the Board has 40 days to render a decision. Discussion about whether or not to close the public hearing with a "generic" motion. Quirk — Suggested using language similar to that to close the public hearing on Lot 27. She will provide a finding. Might want to authorize counsel to write choices of decisions in the positive and negative. Antonietti — Read the motion to close the hearing for Lot 27. Motion Motion to Close the portion of the hearing regarding Developer Rugged Scott LLC's modification request to amend the comprehensive permit decision and approved plan of record to allow a garage to be erected and maintained on Lot 24, an affordable parcel, and to be used for the benefit of Lot 23, a market rate parcel and regarding the related easements that have been requested. (made by: Botticelli) (seconded by: Mondani) Vote Carried 5-0 Motion Motion to Authorize Town Counsel to prepare two alternative decisions. (made by: Botticel i) (seconded by: Thayer) Vote Carried 5-0 Page 1 of 3 Minutes for May 24, 2018, adopted July 12 2. 20-18 Surfside Crossing, LLC Surfside Crossing 40B Freeman/Reade The Applicani is seeking a Comprehensive Permit in accordance with M.G.L. Chapter 40B, pursuant to a project eligibility letter issued by Mass Hou ing, in order to allow a multi-family project consisting of 156 for-sale dwelling units comprised of 60 stand-alone single - family cottag s on fee simple lots and 96 condominium units in 6 multi-family buildings, with 25% (39 units, 15 cottages and 24 condominium units) designated as affordable units, with a total of 389 bedrooms. The existing lots will be subdivided into 60 fee simple lots, 4 open s ace lots, and a 3.6 acre condominium lot. Off-street parking will consist of 2 spaces per cottage and 148 spaces designated for the condominiums. Infrastructure and amenities will be provided, however, the proposed project is proposed to connect to municipal wat r and sewer infrastructure. The application and supporting materials are available for public review at the Zoning Board of Appeals ffice at 2 Fairgrounds Road between the hours of 7:30 A.M. and 4:30 P.M., Monday through Friday. The Locus is situated at 3, 5, 7 aani 9 uth Shore Road and is shown on Assessor's Map 67 as Parcels 336, 336.9, 336.8, and 336.7 and is shown as Lots 4, 3, 2, and 1 or. Plan Book 25, Page 50 as recorded at the Nantucket Registry of Deeds. The total lot area of the combined parcels is approximately 13.5 acres. Evidence of owner's title is recorded in Book 1612, Page 62 at the Nantucket Registry of Deeds. The property is locate in Limited Use General 2 (LUG-2) and within the Public Wellhead Recharge District Any person interested in the proceedirgs oi who wishes to be heard should appear at the time and place of the public hearing. Voting Toole, Botticelli, McCarthy, Koseatac, Mondani Alternates Poor, Thayer Recused O'Mara Documentati n File with associated plans, photos and required documentation Representing Marianne Hanley, Reade, Gullicksen, Hanley, & Gifford LLP Jamie Feeley, Cottage & Castle, Proponent Public Diane Cabral, 8 South Shore Road Discussion (4: ;) Hanley — Attorney Freeman sent objections to two of the names on the list The first objection is to Horsley-Witten Group, Inc., which represents Nantucket Land Council (NLC) and currently works with Peter Freeman on other 40B projects off Island. uirk — Horsley-Witten working with Mr. Freeman doesn't sound like a problem to her, it's up to the Board. tonietti — She sent a letter to all potential consultants and they all responded that they have no conflicts of interest. The LLC documents are clear about who the principals and the team are. Hanley — The conflict is with the applicant, and NLC has sent a letter of objection to this project Toole — There are others on the list this Board could choose. If this Board votes to hire Horsley-Witten, the applicant an appeal to the Select Board, which stalls the process. anley — The other objection is Chessia Consultant Services, LLC; they feels there is a lack of information on Chessia's esume in regards to whether or not he's done work on the Cape & Islands. The other candidates on the list have all dealt .with seaside communities with similar concerns that effect this Island; some of the consultants have worked or are working on the Island. uirk — There are particular minimal requirements; whether or not there is a familiarity with the environment is not an ppealable issue. Pointed out the Chessia is an expert in soils and she has worked with him. Toole — Read the names of other potential consultants. Thayer — He's inclined to use people who are already working with the Town; in the case of sewer and water, their prior owledge would be a plus. tonietti — Pointed out it is an option to hire a firm and allow them to subcontract out to experts in the area. The oard can hire specific experts to review specific aspects of the project. ondani — His view of Horsley-Witten is they worked on Sachem's Path and that has gone well. eview of which firms to do the peer reviews on which aspects: traffic study by Tetra Tech, sewer by Weston and ampson, water by Haley and Ward, Inc., environmental-site design-lay out-stormwater-overall regulatory review by hessia Consulting Services, LLC. abral — Thinks it's wise to break up the reviews among the consultants. iscussion on the pros and cons of Beta Group, Inc. versus Chessia for the environmental-site design-lay out- tormwater-overall regulatory review and the applicant's concerns about Chessia; consensus wants Chessia. uirk — Anytime she hires an expert she considers their ability to testify before a board or a court. One thing discussed at e last meeting was that there be a review for overall code compliance as it pertains to the waivers. oole — We did ask for the waiver to be fleshed out and hopefully put onto a spreadsheet The peer review will be oking at everything. In regards to an architectural review, asked if the Board wants a consultant for the architectural V we've used the Historic District Commission (HDC) as a consultant in the past so don't have to hire an outside onsultant. uirk — They have asked the ZBA to sit as the HDC, water commission, and sewer commission; they have the right to o that. Noted that an expert peer review can be requested at any point during the hearing. tonietti — Noted that for the Surfside 40B that fell through, an architectural consultant was hired. oor — The applicant has hired an Island architect who has gone before the HDC for years. He doesn't feel a need to hire consultant. Page 2 of 3 Minutes for May 24, 2018, adopted July 12 Quirk — Suggested a specifically worded letter to the HDC to invite them to a joint meeting to review the plan or provide a detailed report. Toole — Landscape is not yet ready; we might want that reviewed at some future date. We have no consultant choices for lighting, but we don't have that plan yet either. Feeley — He has started the process to produce a landscape plan and a lighting plan. Antonietti — She will draft memos to go out to the various Town boards requesting they review the application within their own jurisdiction and provide detailed comments; she usually gives those boards 30 days for them to respond. Motion Motion to Approve the consultants review services as follows: Chessia consulting Services, LLC. for environmental/ site design and layout/stormwater management and drainage design/zoning compliance and regulatory review/code compliance; Weston and Sampson for wastewater and sewer; Haley and Ward for water; Tetra Tech for traffic/parking/transportation; and Ed Marchand for 40B Consultant. (made by: McCarthy) (seconded by: Koseatac) Vote Carried 5-0 Motion Motion to Continue the public hearing to June 13, 4:30 p.m. in the Community Room. (made by: Botticelh) (seconded by: Thayer) Vote Carried 5-0 (Poor, McCarthy, Botticelli, Toole, & Koseatac) OTHER11. 1. None ADJOURNMENT111. Motion to Adjourn at 5:43 p.m. (made by: Botticelli) (seconded by: Mondani) Carried unanimously Sources used during the meeting not found in the files or on the Town website: 1. None Submitted by: Terry L. Norton Page 3 of 3