Loading...
HomeMy WebLinkAbout2018-11-8ZBA Minutes for November 8, 2018, adopted Dec. 13 ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 v9'°aRAZ �� www.nantucket-ma.gov ,,a cop Commissioners: Ed Toole (Chair), Lisa Botticelli (Vice chair), Susan McCarthy (Clerk), Michael J. O'Mara, Kerim Koseatacp Alternates: Mark Poor Geoff Thayer Jim Mondani MINUTES -- Thursday, —Thursday, November 8, 2018 r Public Safety Facility, 4 Fairgrounds Road, Community Room —1:00 p.m. t ' Called to order at 1:00 p.m. and Announcements made. = M Staff in attendance: Eleanor Antonietti, Zoning Administrator Attending Members: Toole, Botticelli, McCarthy, O'Mara, Koseatac, Poor, Mondani Absent: Thayer Late Arrivals: None Early Departures: None AP, enda ado ted bv unanimous consent APPROVAL1. OF I . October 11, 2018: Motion to Hold for the next meeting. (made by: O'Mara) (seconded by: Botticelli) Carried unanimously IL OLD BUSINESS 1. 19-18 ACK Crazy, LLC 9 West Chester Street Juraj Bencat Applicant is requesting Special Permit relief pursuant to Zoning By-law Sections 139-30.A and 139-33.A in order to alter the pre-existing nonconforming structure by demolishing the rear wing of the dwelling unit, renovating and/or replacing the existing foundation as needed, and reconstructing the wing in substantially the same footprint. The structure will be no closer to the westerly side yard lot line than the existing structure as a result of the proposed alterations, although there will be a vertical expansion within the setback. The Locus, an undersized lot, is situated at 9 West Chester Street, is shown on Nantucket Tax Assessor's Map 42.4.3 as Parcel 12, and as Lot 1 on Plan Book 17, Page 48 and Lot 4 on Plan Book 20, Page 1. Evidence of owner's title is recorded in Book 1618, Page 205. The site is zoned Residential Old Historic (ROH). Voting Toole, Botticelli, McCarthy, O'Mara, Mondani Alternates Poor Recused None Documentation File with associated plans, photos and required documentation Representing Steven Cohen, Cohen & Cohen Law P.C. Public Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP for the abutters Discussion Reade — This has been continued a number of times pending an agreement between the applicant and his clients. With Mr. Cohen's help, they worked out the agreement and Mr. Cohen finalized the agreement. It was signed by Mr. Cohen's client and will be signed by Mr. Reade's client. Asked ZBA to grant the relief with the usual conditions as to time of work and work be done in accordance with the recommendation of the engineer's report. Poor — The Staff report indicates the board was looking for an agreement signed by both parties memorializing access; asked if the ZBA is going to waive that. O'Mara — He thinks it should be part of the decision. Cohen — There are private matters that don't necessarily need to be attached to the agreement. McCarthy — Asked for a letter of agreement about access with the copy sent to the ZBA. Cohen — He will type up a letter of agreement. Discussion about how long this item has been on the agenda and now there is a request to grant the relief at this meeting. McCarthy — The ZBA wants to see the agreements. Toole — This board has repeatedly asked for the agreement and it was not provided. We need an extension. Motion Motion to Accept the Extension of the action deadline to December 19, 2018. (made by: O'Mara) (seconded by: McCarthy) Vote Carried 5-0 Motion Motion to Continue December 13, 2018 at 1 p.m. (made by: Poor) (seconded by: Botticelh) Vote Carried 5-0 Page 1 of 5 ZBA Minutes for November 8, 2018, adopted Dec. 13 2. 23-18 Adam Ross and Emma Ross 50 Okorwaw Avenue Beaudette REQUEST TO CONTINUE TO DECEMBER 13, 2018 Voting Toole, Botticelli, McCarthy, O'Mara, Mondani Alternates Poor Recused None Documentation File with associated plans, photos and required documentation Representing None Public None Discussion Not opened at this time. Motion Motion to Continue December 13, 2018 at 1 p.m. (made by: Botticelli) (seconded by: McCarthy) Vote Carried 5-0 1. 40-18 Barbara Beinecke Spitler 85 Millbrook Road Reade Applicant seeks Modification and Clarification of prior Special Permit granted in Decision File No. 014-07 pursuant to Zoning Bylaw Section 139-33 to allow an expansion of the pre-existing nonconforming ground cover ratio ("GCW) to 5.7% subject to various conditions. Specifically, Applicant requests elimination of prohibition of secondary dwelling and clarification that the pre-existing nonconforming GCR of 4.7% may be increased to 5.7% regardless of the configuration of the existing and proposed structures upon the lot. The Locus is situated at 85 Millbrook Road, is shown on Tax Assessor's Map 40 as Parcel 26.2, as Lot 24 upon Land Court Plan 8852- P. Evidence of owner's title is registered on Certificate of Title No. 20906 at the Nantucket County District of the Land Court The site is zoned Limited Use General 2 (LUG -2). Voting McCarthy (chair), Botticelli, Koseatac, Poor, Mondani Alternates None Recused Toole, O'Mara Documentation File with associated plans, photos and required documentation Representing Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP Barbara Beinecke Spitler, owner Public None Discussion Reade — In 2007, there had been a rezoning of this property to LUG -2 from R-2. This is more than 80,000 square feet (SF) so is more than conforming. They had plans for work, which was allowed under a special permit We are requesting the following: clarification that his client is allowed up to 5.7% maximum groundcover, the screening condition can remain in place; and removal of the condition against a second dwelling. Botticelli — There was some question about the definition of structures regarding solar panels. Antonietti — Read the definition of a structure. Mondani — Questioned the bocce court being considered a structure. McCarthy — The bocce court is a game court and is 2.7 feet from the property line; it would be flagged. Suggesting continuing in order to clarify the bocce court. Reade — We haven't asked for relief for the bocce court. Our application asks that the decision be clarified McCarthy — Asked if other lots in the area have exercised their rights to have a secondary dwelling. Reade — There is no secondary dwelling at this time; though his client is contemplating the possibility of having one. Mondani — There was some reason for the deed restriction against a secondary dwelling. He'd like to hear from abutters. Poor — There is a lot of natural clearing of pine along the road; he hasn't seen any effort of trying to mitigate the loss of the vegetation along the road. Things are more open along the road than they were 10 years ago. Reade — If the bocce court becomes an issue, it can be moved, he'll get clarification on it from Marcus Silverstein - Motion Motion to Approve the modification striking condition A & B and confirm the 5.7% maximum groundcover. (made by: Koseatac) (seconded by: Botticelli) Vote Carried unanimously Page 2 of 5 ZBA Minutes for November 8, 2018, adopted Dec. 13 2. 41-18 William F. Hunter, Trustee, 281 Hummock Pond Nom. Tr. 281 Hummock Pond Road Dale Applicants are seeking Special Permit relief pursuant to Zoning By-law Sections 139-30 and 139-2 in order to install an in -ground residential swimming pool. The proposal meets the criteria in Section 139-2.A. The Locus has a lot area of 132,217 sq. ft, is situated at 281 Hummock Pond Road, is shown on Assessor's Map 83 as Parcel 41, and upon Land Court Plan 38977-A, as Lot 5 upon Land Court Plan 15586-D, and as Lot 6 upon Land Court Plan 39297-B. Evidence of owner's title is registered on Certificate of Title No. 20820 at the Nantucket County District of the Land Court. The site is zoned Village Residential (VR). Voting Toole, McCarthy, Botticelli, O'Mara, Koseatac Alternates Poor, Mondani Recused None Documentation File with associated plans, photos and required documentation Representing Kevin Dale, Vaughan, Dale, Hunter, and Beaudette P.C. Public None Discussion Dale — This lot is significantly bigger than the minimum lot size and the closest the pool and equipment will be located to the side and rear property line setbacks is more than 34 feet. Asked the ZBA to grant the special permit Reviewed conditions the applicant will impose: two cabanas and vegetation and vegetative berm to screen the pool, mechanicals to be housed in a small wart on the east cabana, pool lights comply with Chap 102 Town code, engagement of a professional company to treat the pool, and no chemical treatment of the pool during the winter. These conditions are those the board has placed on special permits for pools in Madaket. Toole — He thought in the past the Board asked for a landscaping plan showing everything Mr. Dale stated. To be consistent, asked for submission of that material. Dale — The closest house is 167 feet away and this lot is five times larger than the Madaket lots and there is no opposition. Asked the hearing to be continued to December 13 and he will provide that information. Motion Motion to Continue December 13, 2018 at 1 p.m. (made by: Mondani) (seconded by: Botticelli) Vote Carried 5-0 3. 42-18 Deborah Bardh Rogers and William H. Roberts 16 Greenleaf Road Brescher Applicants request relief by Variance pursuant to Zoning By-law Section 139-32 from the setback provisions under Section 139-16 (Intensity Regulations) in order to reduce the required 15' rear yard setback and thereby validate the siting of the secondary dwelling as close as 14.1' from the rear yard lot line. Locus is situated at 16 Greenleaf Road, is shown on Assessor's Map 67 as Parcel 873, and as Lot 65 upon Land Court Plan 15209-F. Evidence of owner's title is registered on Certificate of Title No. 10689 at the Nantucket County District of the Land Court. The site is zoned Limited Use General 2 (LUG -2). Voting Toole, McCarthy, Botticelh, O'Mara, Koseatac Alternates Poor, Mondani Recused None Documentation File with associated plans, photos and required documentation Representing .John Brescher, Glidden & Glidden William Roberts Public None Discussion Brescher — When the subdivision was filed in 1978, there was a surveying error and all lots were undersized This wasn't known until his clients applied for a building permit and were told the rear setback was 10 feet. Marcus Silverstein caught the error. There is a letter of support in the file from the most impacted direct abutter, Mr. Wayne. Botticelli — It looks like part of the deck encroaches into the setback. O'Mara — Since the error is the Town's and the closest abutter has no concerns, he could approve this. Toole — On the application it says the setback would be 11 feet. Motion Motion to Grant the relief as requested. (made by: Botticelli) (seconded by: O'Mara) Vote Carried 5-0 4. 43-18 Edward C. Fawcett 52 Pochick Avenue Applicant is seeking to vacate and rescind prior relief by Variance with conditions granted in Decision File No. 059-89 pursuant to Zoning By-law Section 139-32 in order to validate the lot as a marketable residential building lot separate from adjacent 54 Pochick. At the time the relief was granted, the 48,000 sq. ft. lot was undersized for the LUG -2 zoning district in which it was situated. When the zoning was changed to LUG -1 in 2012 (Article 50), the lot became conforming in all respects, rendering the need for relief obsolete. Locus is situated at 52 Pochick Avenue, is shown on Assessor's Map 79 as Parcel 77, and upon Land Court Plan 34745-A. Evidence of owner's title is registered on Certificate of Title No. 17422 at the Nantucket County District of the Land Court. The site is zoned Limited Use General 1 (LUG -1). Voting Toole, McCarthy, Botticelh, O'Mara, Koseatac Alternates Poor, Mondani Recused None Documentation File with associated plans, photos and required documentation Representing None Public None Discussion Antonietti — Stated the applicant had to leave the Island. She can provide answers any questions the board has. Toole — He thinks it is highly irregular for Ms Antonietti to advocate for the project. O'Mara — This board isn't in the business of telling applicants to have an attorney. Page 3 of 5 ZBA Minutes for November 8, 2018, adopted Dec. 13 Toole — Someone should be here for the applicant; it doesn't have to be an attorney. O'Mara — This vacates the variance, nothing more. Botticelli — The variance was issued when this was LUG -2; it is now LUG -1 and it is compliant Antonietti — This is vacating/rescinding of a prior decision that is no longer needed due to a zoning change. In that variance is a restriction against a secondary dwelling. The lot will be enlarged by 1200 SF through the yard -sale program. Motion Motion to Grant the relief as requested, to rescind or vacate the variance issued in 1989. (made by: Koseatac) (seconded by: O'Mara) Vote Carried 5-0 5. 44-18 Scott M. Rankin andessica L. Rankin J 10 Washington Avenue Kelsey Applicants are seeking Special Permit relief pursuant to Zoning By-law Section 139-33-A in order to alter and extend the pre-existing nonconforming dwelling, portions of which are sited within the side and front yard setbacks. Specifically, applicants propose to add a second floor and decks, and replace an existing deck with an unenclosed porch and a step. While the alteration consists of a vertical expansion within the setbacks, the resulting expanded structure will be no closer to the side and front yard lot lines than the existing dwelling. The Locus is situated at 10 Washington Avenue, is shown on Assessor's Map 60.2.1, Parcel 23, and as Lot 116 upon Land Court Plan 3092-R. Evidence of owner's title is registered on Certificate of Title No. 26942 at the Nantucket County District of the Land Court The site is zoned Village Residential (VR). Voting Toole, McCarthy, Botticelli, O'Mara, Koseatac Alternates Poor, Mondani Recused None Documentation File with associated plans, photos and required documentation Representing Louis Kelsey Public Paula Leary, NRTA Administrator Patricia Stolte, 19 Baltimore Street Coleen Whelden, 14 Baltimore Street Discussion Kelsey — Presented the request for relief. O'Mara — NRTA submitted a letter of concerns; asked what is planned to alleviate NRTA's concerns. Kelsey — It's a small job and should be done before the Madaket bus starts running - Leary — If this is done by May, it won't cause an issue for the Madaket route; if it goes over, her concern would be oversized vehicles blocking access. O'Mara — The last thing to happen would be landscaping, so trucks would have to be parked elsewhere. As long as the applicant's agent is willing to cooperate, he sees no reason to condition. Stolte — Diagonally from 10 Washington Avenue is 1 Washington Avenue, which will also be under renovation. Last summer the Heather's Heaven project had 14 vehicles parked along Washington between E & A Streets. The NRTA bus had to be rerouted onto the Baltimore Street Extension, which is apparently slated to be sold in yard sale, which would shut that road down; there would be no access to the bottom of Baltimore Street Her concern is also encroachment of properties along the road; there is a fence right at the edge of the road as well as rocks and plantings. Poor — The traveled way and road layout aren't always the same; suggested contacting the DPW. Discussion about whether or not the ZBA can condition where construction contractors park. Kelsey — There is room for contractors to park on the property. Toole — We can put parking in the condition so that neighbors can call Mr. Silverstein to enforce it Baltimore Street is 40 -feet wider; there is a huge amount of area to park a vehicle. The problem seems to be people consider part of the layout as their property. Whelden — Her biggest concern is the utility poles, which might have to be moved with the structure getting taller. If the utility pole is moved closer to Baltimore Street and if Mr. Turner is successful in closing off the southeast section of Baltimore, the intersection of Washington and Baltimore will have to be blown out to get any large vehicles to the houses on the Creek. Toole — It may be pertinent to this application; the line should not be on their property. The pole is on the comer. Kelsey — Not planning on moving the utility pole. Toole — Suggested residents to get together with the DPW to clear out the vegetation. Kelsey —The road is private; we own to the centerline of the road. O'Mara — Suggested that the applicant provide Ms Leary with his phone number, if there is an issue, she can call him. Poor — He sees nothing wrong with granting the relief if there is no opposition from the abutters about that work specifically. Toole — Noted that the new 2°d -floor deck cannot be within the setback. The HDC plans are wrong because they show new construction, i.e. the deck, in the setback and there should be no new construction within the setback. Discussion about conditions to be attached to the special permit Motion Motion to Grant the relief as requested with substantial compliance with HDC appmvaL (made by: Botticelli) (seconded by: O'Mara) Vote Carried 5-0 Page 4 of 5 ZBA Minutes for November 8, 2018, adopted Dec. 13 APPROVAL OF 2019 ZBA MEETING SCHEDULE All meetings will be scheduled for the 2nd Thursday of each month. • January 10, 2019 • February 14, 2019 • March 14, 2019 • April 11, 2019 • May 9, 2019 • June 13, 2019 • July 11, 2019 • August 8, 2019 • September 12, 2019 • October 10, 2019 • November 14, 2019 • December 12, 2019 • .L.c.30A, 521(a)(3) for Alouon to Go Into Executive Session under Gthe purpose of discussing strategy with respect to litigation, which are known as 1) Rugged Scott LLC v. Nantucket Zoning Board of Appeals, Housing Appeals Committee No. 2018-01 and concerns a denial by Beach Plum Comprehensive Permit so as allow a garage to the Zoning Board of Appeals of a request by Rugged Scott LLC to modify the r be placed upon Lot 27 Beach Plum (8 Blazing Star Road), an affordable lot, for the benefit of and for the purpose of serving Lot 28 Beach Plum (1 Blue Flag Path), an adjacent market rate lot; and 2) Rugged Scott LLC v. Zoning Board of Appeals, Housing Appeals Committee No. 2018-04, which concerns a denial by the ZBA of a request by Rugged Scott LLC to modify the Beach Plum Comprehensive Permit so as to allow a garage built on Lot 24 Beach Plum (12 Blazing Star Road), an affordable lot, to be used for the benefit of Lot 23 Beach Plum (14 Blazing Star Road), a market rate lot, because an open meeting discussion may have a detrimental effect on the litigating position of the Board at 2:41 p.m. (made by: Botticelli) (seconded by: Koseatac) Carried unanimously Motion to Adjourn at 3:23 p.m. (made by: Botticelli) (seconded by: McCarthy) 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 5 of 5