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HomeMy WebLinkAbout2018-10-11ZBA Minutes for October 11, 2018, adopted Jan. 10, 2019 NAN!TUCK7m ' ZONING BOARD OF APPEALS T O} N C L c R� 2 Fairgrounds Road Nantucket, Massachusetts 02554 2019 JAN I y AM 8: 08 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, October 11, 2018 Public Safety Facility, 4 Fairgrounds Road, Community Room —1:00 p.m. Called to order at 1:03 p.m. and announcements made by Ms. McCarthy Staff in attendance: Eleanor Antonietti, Zoning Administrator; T. Norton, Town Minutes Taker Attending Members: McCarthy (acting chair), Botticelli, O'Mara, Koseatac, Thayer, Mondani Absent: Toole, Poor Late Arrivals: Mondani, 1:04 p.m. Early Departures: Botticelli, 2:11 p.m. Agenda adopted by unanimous consent 1. September 6, 2018: Motion to Approve. (made by: O'Mara) (seconded by: Botticelli) Carried unanimously 11. • 1 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 McCarthy, Botticelli, O'Mara, Thayer, Mondani Alternates None Recused None Documentation File with associated plans, photos and required documentation Representing None Public Arthur Reade, Reade, Gulhcksen, Hanley, & Gifford LLP Discussion (1:04) McCarthy — The representative is not here, and Staff did not receive any new information. Reade — He and the applicant had prepared an agreement; before the last meeting the applicant stated he wanted it reviewed by his attorney. He has heard nothing since. Motion Motion to Continue to November 8. (made by: Botticelli) (seconded by: O'Mara) Vote Carried unanimously 2. 23-18 Adam Ross and Emma Ross 50 Okorwaw Avenue Beaudette Applicants are seeking to vacate and rescind prior relief by Variance granted pursuant to Zoning By-law Section 139-32 in order to validate the lot as a nonconforming lot of record and a residential building lot. At the time the relief was granted, the 44,813 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 2017, the lot became conforming in all respects, rendering the need for relief obsolete. The Locus is situated at 50 Okorwaw Avenue, is shown on Tax Assessor's Map 79 as Parcel 63, and as Lot 1 upon Plan No. 2012-82. Evidence of owner's title is recorded in Book 1375, Page 117 on file at the Nantucket Registry of Deeds. The site is zoned Limited Use One (LUG -1). Voting McCarthy, Botticelli, O'Mara, Koseatac, Mondani Alternates Thayer Recused None Documentation None Representing None Public None Discussion (1:08) Not opened at this time. Motion Motion to Continue to November 8. (made by: Botticelli) (seconded by: O'Mara) Vote Carried unanimously Page 1 of 5 ZBA Minutes for October 11, 2018, adopted Jan. 10, 2019 3. 29-18 Gordon E. W. Gilbertson & Nancy Anne Gilbertson and 34 Dukes Road, LLC 32 and 34 Dukes Rd J. Brescher Applicants are requesting a finding from the Zoning Board of Appeals that no relief is necessary because 32 and 34 Dukes Road (Locus) have not merged with each other pursuant to Zoning Bylaw Section 139-2. In the alternative, Applicant is requesting Variance relief pursuant to Bylaw Section 139-32 for a waiver from the provisions in Section 139-2 and 139-16 to confirm that the adjacent properties have not merged and remain separately marketable and buildable. The Locus consists of adjacent undersized lots situated at 32 and 34 Dukes Road, as shown on Tax Assessor's Map 56 as Parcels 188 and 187, and as Lots 1 and 2 on Plan File 7-A. Evidence of owners' tide is recorded in Book 1581, Page 297; Book 1582, Page 36; Book 1588, Page 123 on file at the Nantucket Registry of Deeds and Nantucket Probate Docket No. NA16P0080EA. The site is zoned Residential Twenty (R-20). Voting McCarthy, Botticelli, O'Mara, Koseatac, Mondani Alternates Thayer Recused None Documentation File with associated plans, photos, and required documentation Representing Jessie Brescher, Glidden & Glidden Public None Discussion (1:08) Brescher — Town Counsel has ruled that relief is necessary. Koseatac — He's ready to motion to grant the variance due to the Florida ruling. Mondani — This is not necessarily unique; unless there is a hardship aspect, he sees no reason to allow this. As he understands Town Counsel's comments, under State law, there would be a merger. McCarthy — Reviewed the follow-up comment from Town Counsel. Discussion on the motion to grant the variance. Botticelli — It is hard to come up with the necessary variance standard and how topography would have been applied to the decision. Brescher — These were legally existing prior to the change in zoning so that's why they are grandfathered- They have been maintained as separate lots since that time. The trigger that resulted in the unintentional merger was the death of Charlotte Gilbertson. McCarthy — Asked Ms. Brescher which argument she is relying most upon in terms of prior decisions provided Brescher — The ZBA has granted variances of this type before; it is the preferred method to resolving these kinds of issues when no other course is available. No one is objecting There is financial hardship if the relief is not granted The intent of the prior owner was that these were two separate lots. Motion Motion to Grant the Variance based upon Town Counsel recommendations and historic precedent. (made by. Koseatac) (seconded by: O'Mara) Vote Carried 4-1//Mondani opposed 4. 32-18 Jonathan G. Klatt and Sandra L. Klatt 7A Hussey Farm Road Cohen The Applicants seek Special Permit relief pursuant to Zoning Bylaw Section 139-16.C.2 to validate an unintentional frontyard setback intrusion of less than 5 feet. Specifically, the stairs are as close are 28.3 feet from the front yard lot line where a 30 -foot setback is required. In the alternative, the Applicant seeks Variance relief pursuant to Section 139-32 for a waiver from the definition of structure in Section 139-2 that allows for stairs providing access to a structure to be within the setback but only if there are not more than two steps in total (as opposed to 2 steps within the setback) and they are not more than 10 feet in length and two feet in depth. The Locus, an undersized lot created under the Nantucket Housing Needs Covenant program, is situated at 7A Hussey Farm Road, is shown on Tax Assessor's Map 56 as Parcel 94.3, as Lot 1-B on Plan No. 2016-14. Evidence of owners' title is recorded in Book 1536, Page 34 on file at the Nantucket Registry of Deeds. The site is zoned Residential Twenty (R-20). Voting McCarthy, Botticelli, O'Mara, Koseatac, Mondani Alternates Thayer Recused None Documentation File with associated plans, photos and required documentation Representing Steven Cohen, Cohen & Cohen Law P.C. Public None Discussion (1:26) Cohen — This is a covenant house. The house was moved on and has stairs with a landing; because of the height and slope of land, the stairs encroach into the setback 1.7 feet. The Board asked for a letter from Bracken Engineering confirming the foundation height, the letter says Earle & Sullivan was hired to confirm the height and location and footings; the as -built indicates the house is in the correct location but the foundation is higher than anticipated The homeowner relied on the surveyor who did not get sufficient information. Asked the board to grant the waiver to the extent we're talking about the stairs or grant the special permit for the number of stairs in the setback based upon reliance on the survey. Botticelli — She wants to make the point the surveyor did not do anything wrong. Cohen — A general contractor should have realized what was happening; but Mr. Klatz didn't know to ask the surveyor if there was room for the entry stairs and platform. Asked for a resolution; continuing this would cause a significant financial hardship for his client. McCarthy — Read the Bracken Engineering letter into the record. The homeowner coming in because of a mistake made based upon an error by the surveyor; that is not the case here and doesn't think it is the surveyor's responsibility. Page 2of5 ZBA Minutes for October 11, 2018, adopted Jan. 10, 2019 Discussion about the intent of the bylaw versus how it is written. O'Mara — In his mind, it's not the pinning of the footings, it's the height of the grade and foundation. No one realized how high this structure would be out of the ground. It would be easy to fix if there were no window wells. Botticelli — She doesn't want to grant a variance but okay with the special permit. Koseatac — He's willing to overlook this mistake because this is a first-time homeowner with a covenant house. Motion Motion to Grant the relief as a variance based on the topography and financial hardship if required to fix the discrepancy and no further encroachment without ZBA relief. (made by: Botticelli) (seconded by: Mondani) Vote Carried 5-0 5. 35-187 79R Orange Street, LLC 79R Orange Street Brescher Applicant is seeking Special Permit relief pursuant to Zoning Bylaw Sections 139-7(a), 139-18, 139-30, and 139-33.A to allow the change of use of a pre-existing nonconforming commercial garage structure to a residential use with a small expansion of the footprint. Applicant is further requesting partial rescission of ZBA File Nos. 01-82 and 032-14 as they may affect Locus. Specifically, Applicant proposes to convert the commercial garage to a residence and to construct a small rear addition in compliance with setbacks. The garage is a pre- existing nonconforming structure as to both side yard setbacks and use. Applicant is also requesting a parking waiver of the 1 required space pursuant to Section 139-18. The Locus, an undersized lot, is situated at 79R Orange Street, is shown as a portion of Tax Assessor's Map 55.4.1 as Parcel 89.1, and as Lot B on Plan File No. 2018-46. Evidence of owner's title is recorded in Book 1659, Page 38 on file at the Nantucket County Registry of Deeds. The site is zoned Residential Old Historic (ROH). Voting McCarthy, Botticelli, O'Mara, Koseatac, Thayer Alternates Mondani Recused None Documentation File with associated plans, photos and required documentation Representing John Brescher, Glidden & Glidden Matt Fee, owner Public None Discussion (1:49) Brescher — Reviewed the request. Submitted a revised site plan showing the addition with setback dimensions and parking for two vehicles; MGL 266-120B allows a homeowner to enter onto abutting property to make repairs. Recently a situation came up where the neighbor refused to allow that; it went to the police who fined the abutting property owner. This is going from a garage to residential; that change is not significantly more detrimental to the neighborhood. Motion Motion to Grant the relief as requested based upon Blackwell site plan dated October 19, 2018 and no external construction between Memorial Day weekend and Labor Day weekend. (made by: Botticelli) (seconded by: O'Mara) Vote Carried 5-0 Ill. NEW BUSINESS 1. 3-1-18 Whitney A. Gifford, Tr., 190 Cliff Road Nom. Tr. 190 Cliff Rd. Gifford Applicant seeks Special Permit relief pursuant to Zoning Bylaw Section 139-33.A(4) to allow an alteration and extension of the pre- existing nonconforming ground cover ratio ("GCR') from 7.3% to 7.8%. Specifically, Applicant proposes to build two additions on the main dwelling totaling roughly 243 sq. ft. Locus became pre-existing non -conforming as to GCR as a result of a zoning change from R-20 to LUG -1, when maximum allowable GCR went from 12.5% to 7%. The Locus is otherwise conforming as to all other dimensional requirements. In the alternative, applicant seeks relief by Variance pursuant to Section 139-32 for a waiver from the ground cover provisions of 139-16. The Locus is situated at 190 Cliff Road, is shown on Tax Assessor's Map 40 as Parcel 23, as Lot 34 upon Land Court Plan 9455-P and as Lots B-1.1 and B-1.2 upon Plan No. 2009-38. Evidence of owner's title is registered on Certificate of Title No. 19584 at the Nantucket County District of the Land Court and is recorded in Book 1306, Pages 257 and 276 on file at the Nantucket Registry of Deeds. The site is zoned Limited Use General 1 (LUG -1). Voting McCarthy, Botticelli, O'Mara, Koseatac, Thayer Alternates Mondani Recused None Documentation File with associated plans, photos and required documentation Representing Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP Mark Cutone, BPC Architecture Public None Discussion (1:56) Reade — Presented the situation leading to the request for relief. In 2012 a special permit was granted to increase the ground cover by 288 square feet (SF); that work, to tum an open pergola into a cabana, was never done. This proposal would add 234 SF of ground cover at the back and replace a small portion of the house with a 9 SF increase in ground cover. Current condition plan shows GCR at 7.26%; the proposed would be 7.8%. Instead of a 288 SF increase, we are talking about 243 SF increase. Discussion about the net square footage increase of this proposal versus the 2012 proposal. Reade —The surrounding houses appear to be substantially larger than this; the houses were mostly built when this was R- 20 zoning. This does not exceed the conditions displayed on other properties. Motion Motion to Grant the relief as requested. (made by: Thayer) (seconded by: Koseatac) Vote Carried 5-0 Page 3 of 5 ZBA Minutes for October 11, 2018, adopted Jan. 10, 2019 2. 38-18 Roland J. Augustine 3 Cash's Court Halsted Applicant is seeking Special Permit relief pursuant to Zoning Bylaw Section 139-33.A(1) in order to alter and extend a garage which is pre- existing non -conforming as to setbacks. Applicant proposes to demolish, reconstruct, and expand the garage, extending the existing foot print by 8' in the northerly direction with a resulting height of approximately 16'- 2". While the alteration consists of a vertical expansion within the setback, the resulting expanded structure will be no closer to the lot lines than the existing garage. The Locus is situated at 3 Cash's Court, is shown on Assessor's Map 42.3.2 as Parcel 150, and as Lot A on Plan File 54-G. Evidence of owner's tide is recorded at Book 1340, Page 280 on file at the Nantucket County District of the Land Court. The site is zoned Residential Old Historic (ROI). Voting McCarthy, Botticelli, O'Mara, Koseatac, Mondani Alternates Thayer Recused None Documentation File with associated plans, photos and required documentation Representing Patricia Halsted Public None Discussion (2:08) Halsted — Reviewed the situation leading to this request. Submitted a proposed condition plan at the table. The existing footprint will be maintained and extended 8 feet in a northerly direction. That addition to the garage will be 4.5 feet from the property line. They have HDC approval. Motion Motion to Grant as requested with conditions there shall be no exterior construction between June 15 and Labor Day of any year; and, the height of the building shall not exceed 16'- 2", or the proposed height shown on the Blackwell plan on Page 253 of the Packet. (made by: Koseatac) (seconded by: Nfondani) Vote Carried 5-0 3. 39-18 Shirley A. Watts (Owner) & Ron Conway (Applicant) Valley View Dr. Williams Applicant seeks relief by Special Permit pursuant to Zoning By-law Section 139-16.C(1) in order to reduce the 10' side yard setback to 5'. Specifically, Applicant proposes to improve the now vacant lot with a single-family modular home. Due to a change in zoning from Residential -Commercial -2 to Residential -5, and an irregular lot shape, the potential building envelope necessitates siting the building within the 10' side yard setback which is required on one side in R-5. Locus is situated at Valley View Drive (portion of 24 I*fiacomet Avenue), is shown on Assessor's Map 67 as Parcel 873, and as Lot 1 on Plan No. 2017-16. Evidence of owner's title is recorded in Book 306, Page 323 on file at the Nantucket Registry of Deeds. The site is zoned Residential Five (R-5). Voting McCarthy, O'Mara, Koseatac, Thayer, Mondani Alternates None Recused None Documentation File with associated plans, photos, correspondence and required documentation Representing Michael Wilson, P.C. Shirley Watts, owner Ron Conway, applicant Public Steven Cohen, Cohen & Cohen Law P.C. for Kolp & Burns Discussion (2:11) Wilson — Reviewed the situation leading to this request. This change does not impact the Bums or Kolp property. It is a modest building consistent with other structures in the neighborhood. If the permit is not granted, it reduces the building envelope on this lot to an impractical side. This would be for housing for family members and precludes the need for the owner to rent rooms to make ends meet. O'Mara — Asked if planting is proposed between the applicant's property and the Kolp's property. Conway — There is already a hedge between this lot and the Kolp. Cohen — His clients' main concern is that this neighborhood is already heavily built out; any green space would be beneficial. The owner has made the situation and can cure it. The negative impact is increased density. O'Mara — Asked Mr. Cohen to clarify his idea for the correction. Cohen — The solution is to move the deck to the back; this is an oddly shaped lot on which it is difficult to build The reason for that is it was designed to have zero impact on the other lot Wilson — The opposition is based upon the philosophy of not granting the relief because the lot line could have been drawn differently. Thayer — If you remove the deck, the house is still five feet from the Kolp's property line. McCarthy — She agrees with Mr. Thayer. Even if the lot line moves, there doesn't seem to be a benefit for the Kolp property. If this were still RC -2, which the rest of the neighborhood was built under, this structure would not require relief. Conway — Half of the hedge is on his property and half on the Kolp. Cohen — Moving a deck is how people make things work. If the board grants the reliefs asked that this be conditioned with screening and no duplex. Discussion about conditioning this against duplex use. Discussion about whether or not the ZBA should have HDC approved plans first- Motion rstMotion Motion to Grant the relief as requested conditioned with no further expansion into the setback without prior board approval, plan showing actual and proposed screening. (made by: Koseatac) (seconded by: Mondani) Vote Carried 5-0 Page 4of5 ZBA Minutes for October 11, 2018, adopted Jan. 10, 2019 OT I I ER BUSINESS 1. Antonietti — Will be prepping the 2019 meeting schedule; asked for feedback from those for whom the 22d Thurs is a problem. ADJOURNMENTV. Motion to Adjourn at 2:36 p.m. (made by: Koseatac) (seconded by: O'Mara) Carried 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