HomeMy WebLinkAbout2019-1-23ZBA Minutes for January 23, 2019, adopted Feb. 14
ZONING BOARD OF APPEALS
Public Hearing
2 Fairgrounds Road
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
Wednesday, January 23, 2019-, -�
Public Safety Facility, Nantucket High School Cafeteria —4:30 p.m.
Called to order at 4:40 p.m. and announcements made.
Staff in attendance: Eleanor Antonietti, Zoning Administrator; Tucker Holland, Housing Advisor
Attending Members: Toole, Botticelli, McCarthy, Koseatac, Thayer, Mondani
Absent: O'Mara, Poor
Town Representative: George Pucci, K&P Law, P.C.
s ell
Agenda ado ted bLT unanimous consent
1. OLD BUSINESS
1. 20-18 Surfside Crossing, LLC Surfside Crossing 40B Freeman / Reade
ORIGINAL APPLICATION: The Applicant is seeking a Comprehensive Permit in accordance with M.G.L. Chapter 40B, pursuant to
a project eligibility letter issued by MassHousing, in order to allow a multi -family project consisting of 156 for -sale dwelling units
comprised of 60 stand-alone single-family cottages 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 space 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 water and sewer infrastructure.
MODIFIED PROPOSAL under consideration: The Applicant is seeking a Comprehensive Permit in accordance with M.G.L. Chapter
40B, pursuant to a project eligibility letter issued by MassHousing, in order to allow a multi -family project consisting of 100 for -sale
dwelling units comprised of 40 stand-alone single-family cottages on fee simple lots and 60 condominium units in 5 multi -family
buildings, with 25% (25 units, 10 cottages and 15 condominium units) designated as affordable units, with a total of 285 bedrooms. The
existing lots will be subdivided into 40 fee simple lots, a 3.3 -acre condominium lot, a 0.5 -acre community lot, and 2.8 acres of open space
lots. A total of 244 parking spaces will be provide consisting of 80 off-street parking spaces (2 per cottage), 124 spaces for the
condominiums, 20 spaces for the recreational community building, and 20 overflow on street spaces. Infrastructure and amenities will be
provided; however, the proposed project is designed to connect to municipal water and sewer infrastructure.
The application and supporting materials are available for public review at the Zoning Board of Appeals office 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 and 9 South 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 on 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 located in a Limited Use General 2 (LUG -2)
and within the Public Wellhead Recharge District.
Voting Toole, Botticelli, McCarthy, Koseatac, Thayer, Mondani
Documentation 40B Comprehensive Permit application documentation.
Representing Jamie Feeley, Cottage & Castle, Proponent
Peter Freeman, Freeman 8c Freeman Law, P.C.
Public Jacques Zimicki, 3 Wherowhero Lane
Joan Stockman, 13 Wherowhero Lane
Jill Vieth, 12 Okorwaw Avenue
Meghan R. Perry, 14 South Shore Road
Patrick Taaffe, 21 Okorwaw Drive
Katie Cabral, 1 Scotch Broom Path
Cormac Collier, Executive Director Nantucket Land Council
Campbell Sutton, 15 Appleton Road
Brooke Mohr, Affordable Housing Trust Fund
Page 1 of 4
ZBA Minutes for January 23, 2019, adopted Feb. 14
Discussion Toole — Announced that Cliff Boehmer, the ZBA design consultant, has been contacted and indicated he is available for
a design workgroup; that will be posted but will not be a public hearing; no public comment will be accepted, or votes
taken, at that workshop. Need to discuss the make-up of the proposed group. The primary focus will be on the design;
we won't get into other aspects of the 40B proposal. Some aspects to be discussed as they relate to the comprehensive
permit application include: lot sizes, number and functionality of parking of spaces, number of bedrooms as they relate to
lot sizes, adequate drainage, quality of out -door spaces, quality of indoor spaces, setbacks. At a minimum, the workshop
can be recorded and streamed. The goal is to get to some agreement on the site design. He would like two ZBA members
on the board. Asked Town Counsel if there were more than one session of the workshop, would the ZBA members be
able to switch out.
Pucci — Yes, since this is not a public hearing; but it's preferred they be the same.
Toole — Make-up to include: at least two ZBA members, Ed Marchant, the applicants and their architect, site engineer or
designer, and Cliff Boehmer. From the general public, he'd like two people from Tipping Point, and two public who are
not affiliated with Tipping Point, a Nantucket Land Council (NLC) representative, one representative each from the
Historic District Commission (HDC) and the Select Board, and an affordable housing advocate. He'd prefer attorneys be
left out of the equation to prevent this turning into some legal battle, but he's open to discussion on that-
Freeman
hatFreeman — Fine with that unless his clients want him there to offer advice but not address design issues.
Toole — That is an option; attorneys are present but aren't allowed to speak Mr. Marchant would facilitate the meeting
with Mr. Boehmer leading the discussion itself.
Mondani — Asked if this would cover site design and should an engineer be there_
Toole — The idea isn't to get into the nitty-gritty of drainage; part of flee discussion would be to ensure there is room for
drainage.
Thayer — Drainage will be part of the discussion because infiltrator systems might not be the way to go; the rain garden
might be the way to go but those take up more space.
Zimicld — When you do a modified wetland, which is the best drainage system, it uses about 6,000 square feet (SF) per
acre of impervious surface. If you do a gravel -marshland type remediation, that is the raingarden.
Stockman — Nantucket Tipping Point doesn't have a position on design — shingles, arbors, etc. We have issues about
density, scale of buildings, and sizes of lots. She suggested Mr. Zimicki be one of the public representatives.
Toole — The design discussion isn't about the architectural aspects; it's the over-all design of the project_ layout, size of
buildings, etc. We don't want statements like, "We don't like it" That isn't helpfiil; the idea is to get somewhere that
everyone is relatively happy.
Thayer — He thinks the fewer participants the better.
Toole — If there isn't a specific Tipping Point group that wants to attend, he counts four representatives from the general
public with the group being 16 people. Asked if the people should be identified at this meeting so it is general knouiedge
who is there to speak.
Pucci — It would be preferable to identify at this meeting who will attend the workshop with the intent to have input
Nothing that occurs at this workgroup, will be lost it will be recorded, minutes will be taken, and come back to the public
hearing process. Regarding the size of the workgroup, in'the past large-sized groups have proven to be very effective.
Thayer — He has a concern that the larger sized group will get bogged down. He thinks the HDC and Select Board
should be in attendance. He thinks the number of general -public representatives should be limited.
Discussion about how many general -public representatives should part of the workgroup.
Stockman — Asked if there is a time -frame in mind for when this workshop will take place, and can she get a date so that
she can get a vote from members of Nantucket Tipping Point about whether or not they want to have a representative at
the workshop.
Toole — We will limit the number tonight it doesn't matter to us where they come from.
Antonietti — At the last hearing, we determined that the abutting neighbors would have a representative at the workshop.
She was later contacted and told who that person would be.
Toole — If we agree that the NLC counts as a member of the public, there would be two other members of the general
public in the workgroup.
Pucci — Reiterated that it would be helpful to identify the participants before; they could do that through Ms. Antonietti
Tonight, you should establish how many representatives each group will have without naming names.
Zimicki — Suggested the format be that there are subgroups that have discussions then come back into the larger group.
Botticelli — If that is the format, there would be enough for four sub -groups; she thinks that's a good idea.
Toole — Asked Ms. Stockman about her thoughts on who from Tipping Point would participate.
McCarthy — She would prefer one person from Tipping Point and two from the neighbors.
Vieth — Abutters tight to that lot are going to have concerns about the design. Tipping Point doesn't care about the
design.
Botticelli — Asked how Tipping Point could have no interest in the design.
Vieth — They have hired an architect to take care of the design and make it beautiful; she doesn't want to participate in
that. Their site planning is super important
Toole — We won't be talking about the specific designs of the buildings.
Page 2 of 4
Motion
Vote
ZBA Minutes for January 23, 2019, adopted Feb. 14
Freeman — The ZBA should decide how many representatives from Tipping Point and the public and have them submit
names to Ms. Antonietti within 24 or 48 hours.
McCarthy — She was trying to say that if there are three members of the public, at least one of them should be from
Tipping Point.
Mondani — You want the best people to be at the workshop.
M. Perry — Tipping Point represents over 285 people; that's why we want time to take a poll as to what our members
want.
Toole — Another option is to take the name "Tipping Point" out and have just three members of the public. Decide who
that will be.
Taaffe — Nominated Shawn Cabral to be on the group as an abutter.
K. Cabral — Suggested there be parameters for the members from the public such as living in the neighborhood
Toole — Let's go back to the original idea; a member from Tipping Point, two unaffiliated neighbors, and NLC. You guys
figure it out. We're getting stuck.
Collier — He accepts the ZBA invitation for NLC to be on the workshop. Suggested a very strong chair assist Mr.
Marchant in running the meeting.
Pucci — Right now you are working with two Tipping Point designees and two non-affiliated designees.
Thayer — Pointed out that the applicant has a right to have a public representative who supports their project
McCarthy — We have Mr. Cabral and Mr. Zimicki, who have already volunteered as unaffiliated. We need two Tipping
Point representatives.
Mohr — Volunteered to be on the workgroup as someone interested in affordable housing in the community. She has no
personal connection to the project other than the need for housing.
Toole — Asked her to coordinate with Mr. Holland about which one would be on the workgroup.
Holland — Asked if it would make sense to let Tipping Point get their representatives' names and any interested public to
get their names to Ms. Antonietti within 48 hours; the ZBA would then be able to fill out the board based upon the two
Tipping Point members.
Pucci — To do that, the ZBA would have to meet to take a vote. Advised deciding on the number of designees and the
process by which they will be identified to the ZBA.
Feeley — He's a little discouraged if Brooke Mohr isn't allowed to be on the group; asked that she be on the group as a
member of the public along with Mr. Holland as the Housing Advocate.
Mondani — The importance of these four people is that they will get input ftom the housing representatives.
Toole — He's going to stick with the make up as he already mentioned.
Zimicki — He is an abutter and a member of Tipping Point; he will represent Tipping Point. Shawn Cabral is an abutter.
Toole — He wants this to be a positive initiative. If everyone thinks it will be nothing but negative unpleasant experience,
there are better things to do. We're down to two members of the ZBA, Mr. Marchant, the applicants and their architect,
Mr. Boehmer, four members of the public (we have three volunteers), NLC representative, one HDC and one Select
Board representative, one housing advocate.
Pucci — The ZBA could authorize the Chair to designate the public representative after the names are in.
Feeley — There are multiple names that could be taken tonight; if Tipping Point wants to swap out their two names, let
them.
Toole — We need to decide on the two ZBA members. The four names should be to Ms. Anton ietti by noon on Friday.
Pucci — Advised the board to vote to authorize Mr. Toole to select the four public.
Discussion on the Motion
Mondani — Wants the four members of the public who are chosen to go off and get the views of the wider body in order
to present as wide a range of views as possible.
Taaffe — If there are no members of Tipping Point who want to be on the workgroup, asked the Chair to still pick four
people from the public, affiliated or not.
Motion to Authorize the ZBA Chair, Ed Toole, to select four public designees to be members of the Design
Workgroup in the event that more than 4 names are submitted. (made by: Thayer) (seconded by: Mondani)
Carried unanimously
Toole — There are several dates up for discussion: January 30 and February 4. February 4 would be in the 4 Fairgrounds
Road Training Room.
Antonietti — She has booked the Training Room from 12 to 4:30; that allows time for Mr. Boehmer to look at other 4OBs
and review the plans.
Toole — Called for ZBA volunteers. He will do it.
Botticelli — Could do February 4 in the afternoon.
Pucci — Suggested the ZBA get an agreement for an extension before starting the workgroup.
Feeley — It had been stated that at the workgroup, there would be no discussion about the middle-income portion. There
is a market element, which influences financials, which influences viability. He doesn't see how we can agree to not
discuss that.
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ZBA Minutes for January 23, 2019, adopted Feb. 14
Submitted by:
Terry L. Norton
Page 4 of 4
Freeman — This workgroup is to discuss the design aspect. We are not giving up on the idea of condos for the middle-
income tier and want that mix of buildings. The design workshop is not conceding that there can be no condos.
Botticelli — We understand that is part of the applicants' goal.
Toole — He doesn't want the applicant getting on a box and rationalizing the whole development as "something for the
greater good." This is to look at the overall layout.
Freeman — As much as we would prefer not to extend, they would be willing to extend to March 15 with the expectation
that there would be no need to go beyond that.
Botticelli — She would prefer a longer extension. She can't imagine that the workshop would provide enough of a
resolution to vote on this within five weeks.
Freeman — Doesn't feel that they can agree beyond March 15, especially if everything "goes south" at the workshop.
Pucci — He expects the design workshop to be very productive; even if it weren't productive and we end up with the
exact same plan, the applicant would be looking at a possible denial by March 15 due to insufficient information_ Strongly
urged an extension to April 15 at least; the applicant would then know there is enough time to work with the site plan.
Freeman — He still has concerns. Asked the ZBA what types information they feel they still need. We've been trying for
months to get sewer information but that isn't our deficiency.
Toole — Feels we don't need to get into that tonight. Ultimately, if there isn't sufficient information or there isn't time to
generate the missing information, it will go badly. If they want March 15, okay. From a logistics standpoint, there is still a
lot of stuff to cover.
Botticelli — Even if they walk out with a great design and concept site plan, the applicant needs time to develop that
Feeley — There is still time to have another discussion about extending should the need arise. His partner isn't here to
have input into an extension beyond March 15.
Pucci — It is ultimately their choice. Still feels it should be at least April 15; that would be a good -faith gesture.
Motion
Motion to Accept the extension to March 15, 2019. (made by: Koseatac) (seconded by: Thayer)
Vote
Carried unanimously
Toole — We need to pick a date for the next hearing, not the workshop. He believes the workgroup will take more than
one meeting and take all of February; February 22 was suggested as the second workshop hearing.
Feeley — Asked for a public hearing on February 13.
Pucci — He informed Mr. Freeman before this meeting that the Sewer commission is going to get back to the applicant
on the latest proposal. According to David Gray, he responded to all the informational request We also informed the
applicant that the Town Sewer Consultant Weston and Sampson would be getting involved in the latest proposal. We will
be responding within the next week or so.
Toole — He sees no sense in going into the sewer layout until we have a product from the workgroup. There might be an
opportunity for another workgroup on February 22. He will not be available the week of February 12 & 14.
Thayer — Volunteered to replace Mr. Toole at a workgroup meeting if Mr. Toole isn't available.
Discussion about a date for a second workgroup, February 12 or 22 and the date for the next public hearing.
Botticelli — Suggested continuing to the next regular ZBA meeting for the sole purpose of setting the next public hearing
date; there would be no other discussion. That would allow Ms. Antonietti to find an available room.
Feeley — He wants to know that there is a consensus among the ZBA member that the decision reached at the
workgroup is acceptable; asked if that would be brought up at the February 141J' meeting.
Botticelli — She is concerned about getting into a long discussion on the plan. It is possible for Mr. Toole to attend
remotely, it is just difficult.
Holland — It would be helpful to everyone to earmark the second workgroup date now as a placeholder- You were
discussing February 12 and 22.
Botticelh — Mr. Marchant is not available for February 12. We don't have a room for February 12. WeT do it on the 22nd.
Motion
Motion to Continue the Public Hearing to the February 14, 2019 regulady scheduled meeting at 1.00 p.m. at 4
Fairgrounds Road, Community Room. (made by: Botticelli) (seconded by: Koseatac)
xl'otc
Carried unanimously
OTHER2.
1. None
ADJOURNMENT3.
Motion to Adjourn at 6:07 p.m. (made by: McCarthy) (seconded by: Kerim) Carried
Submitted by:
Terry L. Norton
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