HomeMy WebLinkAbout2019-6-7ZB_\ :Minutes for June ?, 2019, adopted June 13
ZONING BOARD OF APPEALS
Public Meeting
2 Fairgrounds Road
Nantucket, Massachusetts 02554 .
RT-,-,-w.nantucket-ma.gov
Commissioners: I ,i l Chair), Lisa Botticelli (Vice chair), Susan McCarthy (Clerk), Michael 1. O'Mara, Kcrim Koss uac
Alternates: Mark Poor, Geoff Thaver, Jim Mondani
-- MINUTES --
Friday, June 7, 2019
4 I airgrounds Road, Public Safety Facility Community Room -12:00 p.m.
Called to order at 12:26 p.m. and-`,riiiouncements made.
Staff in attendance: l :lcanor Antonietti, Zoning Administrator; Terry Norton, Town Minutes Taker-, Tucker Holland, Housing Specialist
.Attending Members: 1 oole. Botticelli, McCarthy, Koseatac, Thayer, Mondani
Late arrival: h<,s,.uac �:tn� p.m.
.Absent:
L'arh departure: I hay cr, 3:�.m.
'Down Representative: ( ieorgc Pucci, K&P Law, P.C.
Agenda ado ted by unanimous consent
1. APPROVAL OF MINUTES
1. None
11. OLD BUSINESS
20-18 Surfside Grossing, LLC Surfside Crossing 40B Haverty,/Reade
The Board will have deliberation: regarding the application for a Comprehensive Permit in accordance with \LG.L. Chapter 40B. The
Locus is situated at 3, 5, - ,ind 9 South Shore Road and is shown on Assessor's Map 67 as Parcels 336, 336.9, 336.8, and 336.- and is
shown as Lots 4, 3, ?, 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 app:t
roxm)rch 13.5 acres. Evidence of owner's title is recorded in Book 1612, Page 62 at the Nantucket Registn- of
Deeds. The property is locates to a Limited Use General 2 (LUG -2) and within the Public Wellhead Recharge District.
Voting Tool,, i>utnccll% A1cCarthy, Thayer, Mondani
.Alternates Ko.car.ic
Discussion Toole - \Ve didn't get the working draft until today. Page 35 Item 122, there is no dollar amount for traffic mitigation.
Pucci - I lc didn i know if the formula changes for the dollar amount if the unit number changes.
Toole - It seem, ridiculously low, but it was based upon a formula; the last iteration was for the 100 -unit plan. We can
pro rate it ±oi reduced number of units.
Botticelli - 1 is a sinall amount of money; it shouldn't change.
Thayer - "ihc 'I o-,yn has bigger traffic problems, which this developer can't fix; he thinks it's reasonable to pro -rate the
recoM,ncndcd mitigation amount.
Holland - The original was a pro rata based upon a percentage of the potential impact.
Pucci - four condition must be related to the impact from this development; it's a wav of quantifi-ing it.
Since he wa: last here for deliberations, the conversation turned to what the board wanted to do with the project;
following tli:u meeting, he asked for a deadline to be extend to a week from today, _June 13. Deliberations have to be
completed on \Iondav,June 10.
At the last meeting, the consensus the Board reached was there were no grounds to deny a water permit but there yeas
concern ahout the Mate increasing the flow capacity. You reached consensus on accepting the Weston & Sampson option
for the sewer. 1 le added language about the Town's efforts on affordable housing, facts about the information received
at the hearings, findings, and recommendations from Mr. Chessia. Recommend deliberating whether they want to deny or
approyc witli conditions. If you vote to approve with conditions, you need to vote the number of umts and the form of
those unix..- A1�o recommends the Board authorize the chair to work with counsel to finalize the terms of the conditions;
it would then go to AIs. Antonietti who would then file the decision with the Town Clerk.
Toole - \s much as possible, he would prefer there is unanimous agreement on the items mentioned by Mr. Pucci. He
thought the Board also offered the notion of an alternative sewer being the on-site force main. Either way you have to
hook into rbc manifold at the other end. The Town preferred option is a gravity- system.
Pucci - There %,,-as an issue about how and where to connect the new force main.
Toole - TI)c gayirv- feed is below the head water; it needs to be pumped to the manifold. The manifold will need to be
modified.
Pucci - :`f lou cin condition the project so it is feasible for them to get what they need without haying the Tow -n',,
problem, that would be defensible as written now. The Weston & Sampson recommendations were very clear to the
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Z,BA 'Minutes for)une -, 2019, adopted June 13
Board; what the Town would prefer is not in keeping with what Weston & Samp- -
---_,_ .is read the con -a! -_4n, -
recommendation. If you want that in, he will add it to the final draft.
Thayer -That is reasonable. The Town has always allowed properties to install a --
_ Petr properr: and pump
to the treatment plant; if Surfside Crossing can do that, they should be allowed to :. __
_ -ie pump at the Surf-tde
\Wastewater Treatment Plant (SMTP).
McCarthy -The language as proposed would be treating this project the same as .. -
Toole - We are all good on their not being allowed to tie into the existing force -.: -
. _ lld be allowed to put .n
their own force main. Mr. Gray said he was willing to be part of the process and fes:.
-.-rr, line: if we ledvt it as
is, the developer wouldn't have to foot the bill, just pay- their fair share.
Pucci - That was said but there is no written affirmation. We could add language ---
__: be subject to the To--% n
paying a share.
Thayer - It is unreasonable for the developer to install the gravin- line to
ant and not get -orre
remuneration from the Town-, once in anyone along South Shore Road would be a' -_
at line.
Pucci - We can put in the Town's preferred option and what it would be Subic_-
:,j that b-.
question is do you still want to allow the Weston and Sampson option.
Toole - There is a timing issue; to get anything done by the Town would take __
_ _toper would Ls -_,K -he
infrastructure, give it to the Town, and get recompense.
Consensus is to leave out the alternative.
Botticelli - She made some architectural changes to the fourplexes that w ere _. _ _
_ : past dehberanon-,
wishes the fourplexes had a better sense of entn-. Based upon the last deliberav -::.
.. _ .. _ :--using the fourplexe-
four. For each building tn-pe, she filled out the Historic District Commission 'HD(.
Toole -From the I IDC standpoint, we are comfortable w e did a reasonable job.:
to come back -„-rth
revised plans that we have 90 days to review-; their revisions have to be within the p..-._:
r-- :. _ -t. _asked if an -:one read
the draft.
Botticelli - Page 11, she came up with 72 units with a maximum of 256 bedroo:- -
-hat on 4(� single -fain,-:
units (SFU), a maximum of 8 duplexes and a maximum of 4 fourplexes.
Toole - _Asked for a consensus regarding 5 -bedroom units.
McCarthy -She thought we came up with 16 5 -bedrooms with 4 to be affordable
_. - -_ _ -bedroom umt-.
Botticelli - Had 2.1 3 -bedroom units; that's 6 affordable. _asked if there's langu—_
:.-._. _ _ nat the affordal:e -i
within the fourplexes can't all be in one building.
Pucci - You keep backing into the number of units. _asked how- the Board mem
:.:-ht rote.
Discussion about how members currently stand regarding voting to deny- or app:
7 :-:ons demai
approve with conditions - Botticelli, McCarthy.
Pucci - You need to have a rational basis for your decision and be able to supe - -
. _: __ _. se of a demi._ -hc --_le
before I lousing _Appeals Committee (HAC) is if the decision was consistent .. _ __
_.- --_ _ _s. WlTh appro•. _, .;...
conditions, the issue is whether or not the conditions render the project uneconor.
-e condtnon-
with local needs. You have a better chance of prevailine in an appeal of an apprc -. _
-_ _ -_ :: ins since the -
proof is on the applicant. In the end, N ou have to have a rational basis for vour de-
Mondani
e Mondani - He is swayed by Mr. Pucci's point of burden of proof.
Botticelli - If we do reduce the unit count, the bedroom count goes down.
Toole - He's willing to reduce the number further. _asked about the notion of de
Pucci - The de faao denial was raised by Ed 'Marchant, whose concern was that ]_ umts. the coid
consider that a de Ja to denial and apply the burden of proof to the ZBA. In his ::. _. _ _ .(: as no iunsdtcnon
make such a ruling; he would argue that. Nantucket real estate is valuable. So tt i- _ _. :-onment where tt
be hard to argue any project as uneconomic; he feels it would be hard for the de- e- _- --_ - :at argument against r t
reduction of units in the economic environment of Nantucket. His concerns wit:. fourplexes are: 21:c -he
developer flexibility to show you are being reasonable.
McCarthy - She doesn't find 5 -bedrooms as offensive as the fourplexes: she wool_ - -hose ehmrnated-
Toole - He thinks with the reduction of units the developer could still meet the : _ _ this site. the dei eloper
could fit 54 SFU on 1,000 square -foot lots with green space.
Botticelli - If you staff at 40 SFU, with -1 5 -bedrooms, 28 4 -bedrooms, and 8 3-},c.- i 24(, -bedroom cora
�•ou keep the fourplexes. We should state that each fourplex and duplex have - ,-n tndiv duai lot-
parking on the lot; that would eliminate the big parking area. Her biggest con- down the num'_i cr t
bedrooms.
Toole - The 5 -bedrooms have always been his issue; it is a direct intensin iSst:_ ___ __ members are !0
eliminate the. 5 -bedroom SFVs.
Botticelli - That would bring the bedrooms down; could go with 4 5-bedrer _ _ -o be affordal lc. - . _-
bedrooms, 8 3 -bedrooms, 8 duplexes with 6 bedrooms per building, and 4 fourple>. _ - - oms per buu dir.2
Consensus agrees with that calculation and approving with conditions.
Page 2 of 5
ZBA Minutes for June 7, 2019, adopted June 13
Botticelli — _\ccordvag to the HDC, the utilities can't be visible from the street; they can be on the side but need to be
screened. AV e want to say no utilities on the front and not visible from the street. If the utilities are on the side and can be
seen from rhe street, they have to be screened.
Toole — Page i I V"I, 72 units with a total of 232 bedrooms. Page 12, Item 10 Site Specifics Conditions, ,ve want to note
that all parking is on the lot. The maximum number of SFUs is 40 with the maximum of 4 5 -bedrooms SFUs one of
which must he affordable. Item K should be added listing the maximum number of all rapes.
Botticelli — 1':igr _' i, Item 71, should include, "interior finished materials" after "exterior finished materials".
Pucci — _Asked if dlere were any thoughts on the facts as noted in the draft decision.
Discussion ahr,ur whether or not it is necessary to mention the January 2018 force main failure; consensus agrees it isn't
neccssar..
Toole — Paigc 5, under 100 -unit plan, should mention there was a lack of meaningful open space.
Mondani — I le thinks it is relative to mention there is a 40B unit next door that is 100° o affordable; this would cluster
four 4Olis in South Shore Road area.
McCarthy - A h,icomet Village is also 100% affordable. Rugged Scott is also not far away.
Toole — i hese :ire Unthin a mile of each other, they are essentially contiguous.
Pucci — .Asked how these fit into Town planning, are they being clustered in the countn_- overlay district and are there
other areas to diversify- development.
Mondani — This concentration of 4013s is an item of local concerns.
Botticelli — On Page 13, 11.13. would like to see a line — new iii — establishing the setback for the duplex lots: 10, 10, 10,
& 1(�.
Undo 11 B.i. should add only duplex per lot after the lot size.
Under i 1 C i-ourplexes, asked about i. "if on the same lot," we have each duplex on its own lot; these should as well;
think vii sitouid he integrated with i since they both talk about lot size.
Thayer — Suggcsrcd not stating a lot size for a fourplex but identifying the setbacks.
Toole — I Ic prefer, using 10,000 square foot lots for each duplex; the idea was to create space. Restrict the number of
fourplexes, the basic lot size, and put parking on the lot.
Botticelli — I -:icli fourplex should be on individual lot. with a setback minimum of 20 on the side and rear and 10 in the
front . rh�it should be C.iii. C.iv. is a mirtimum 7 parking space on each lot. The fourplexes have basement bedrooms we
were okay with so C.v. should be stricken. We don't need C.vii. about the minimum square footage for the lot.
McCarthy — Thinks C.v. should say living unit in the basement.
Pucci — C.viii becomes C.vii limiting fourplexes to 4.
Botticelli — _\skcd if fourplexes should be removed from D. Duplexes have their own entrance so don't have to say it.
When we were Talking about the multi -unit buildings before, we wanted each unit to have its own access and outdoor
space: hug rh:u complicates the architecture.
Pucci — 1 hc\ could request a modification on that if there is a compelling reason. He will delete D on page 14.
Toole —'I he pool dimensions were presented by the applicant; it isn't a condition we're imposing.
Under Iandsc:iping the 143 street trees were presented by the applicant: Item B asked to insert "tree" and the zoning by
law section.
Under open space, we've never seen a calculation of the amount of green space shown on the plan, but it can't be any
less.
McCarthy —'I hcic is no playground anywhere on this plan.
Pucci — .Ahomy rhe pool, asked if you wanted to say, "no pools on individual lots."
Toole — -\dpi "no pools or spas on individual dwelling lots." _add it under each section for the duelling n_pes.
_asked about the basketball court, should it be eliminated or not.
Botticelli — Suo ested a subsection F under the Recreation building allowing a playground or green space in lieu of a
smaller recreation building.
Antonietti — The recreation building is on a lot which is 38,196 square feet as shown on the plan.
Toole — Reiterated that there can be no less green space than the amount shown on the plan, but it can't be any less.
Item 1- Buffer /one, you can disturb it for routine maintenance like surveying.
Item 18 P:ir�hing Roadway Access, the 188 off-street parking spaces "as shown on the plan."
Botticelli — Suggested a minimum of one additional on -street parking space per dwelling unit.
Toole — Page 15 4' add "... as required by law."
Page 18 4-.e. "Modeling is not given in drawings..." that doesn't sound like a condition; suggested "modeling must be
submitted and approved to ensure..."
Page 19 under 3
0, the lt� daunts arc part of the infrastructure which must be in place before construction of dwelling units begins.
Thaver — I k-drants are installed as part of the water infrastructure; when that goes in, so do the hydrants. At least a
portion of them should be operational before construction begins.
Pucci — Public '-ewer needs more conditions to be added per the Sewer Department's usual conditions; he's adding that
in for Mr. Gray. Same thing for water; the conditions noted during the hearing, Wannacomet Water Company has
Page 3 of 5
ZBA Minutes for June 2019, adopted June 13
conditions they impose; those will be added. Compliance with State and we reference the
endangered species act; but we have to reference the on-going appeal that n _ _ .. -
-_ - yed before the-: moN e
forward.
Toole — Asked about language for the Homeowners Association !HOA_ The ~..-: _
_ - to be a percentaWt of
residents so one group of owners can't gang up against another group.
Pucci — IIr. 'Marchant is working on that.
Asked again if the Board is at the point of voting the project; we're at the point _ ----_
-._ _._cage of the conditions.
You've reached consensus on the conditions to be included. The main cone_-_ .- -_
._ _ d,•. included. the other
conditions are protecting ZB_I concerns. You would vote on the project, not
)u would authonze the
chair to finalize the permit in accordance with the vote.
Discussion about whether or not to vote today. Consensus wants to wait.
Toole — asked why the deliberations can't be extended to Thursday, June 13 ane
_ :_:: document Ther..
Pucci — Suggested taking a break to allowthe developer's counsel to contact the
--1 _or an extension
- Break 3:39 to 3:55 p.m. -
Pueei — Counsel couldn't contact a principal; she'll get back to '\1r. Pucci '\Monde
_ _ or not the deL er_ r.
extension is granted.
Wanted to get in this draft Chessia's overall conditions.
Toole — Page 29 87, asked to add "may occur" or some verb between sales and i = ,-
_ there is an_.-thmg ai.• a
construction fencing; it might make sense while infrastructure is going in, also ___ __
r.ce off construction erca
from occupied dwellings. IIe would think the developer would want that. It shoo.;:
cd that no constnxn n
vehicles may be staged on South Shore Road-, they must all be within the developrrc - -
- uld not have unle*ter-_:
access to the site; at least access to the construction site should be blocked when
Discussion about where to include the blocking of access to the construction site.
Toole — \Mr. Marchant sent some additional conditions, some of which were co-,; -: _ _
_ 1\1r. Pucci revie•.; iT for
anything that might need to be included. He addresses snow- removal and wha-
if space is madeyuare-
Read a condition from Page - of the Rugged Scott decision. There's also good _-_ ::_
_,_vision about the iuffer
situation, surveying, endangered species studies. There's language about the urL -
occupied and n1i m -e
than 2 adult persons per bedroom.
McCarthy — There is also good wording about the equalin- of voting.
Pucci — He will review '\Ir.-Marehant's comments and the Rugged Scott deci�_,
and inclusion into Ti -.]-
decision. Ile and Mr. -Marchant have reviewed the affordabilin- restrictions to ens',-_ .: _ _-_ :
-.,-r reaching and the - B
units remain 40B units. He will run the provision about capping the admmistratiyc
7 -T Mr. 'Marchant.
Bottieelli — At one point we talked about the duplexes not being identical or set
pother. The same ��ld•
true for the fourplexes.
Toole — He doesn't see why the developer would want to have a cluster of c� -
A\ e talk -_e
flipping the duplexes or mirroring each other.
Pucci — That would typically be an HDC issue. If you want to add that to ':c .-
-' u should do iT 1 r-_
attaching your mark up as conditions; you can make a note on that.
Toole — "No unit shall be occupied as dormitory or like housing and no more tl:_: _ _
unrelated b-, mann ale
may reside in a dwelling"; he thinks that should be added.
Pucci — You don't need to add something covered by zoning for which there is n
Toole — Other than setting up when the HOA takes over from the deyeloT_-. .____
much To do :.•-r �e
homeowners. We should include a dollar amount to set up the HOA account.
Pucci — Mr. 'Marchant said he is looking for HOA provisions.
Stated he's still unsatisfied about the traffic mitigation at the entries into the de-.
had disci --:on-
about that.
Toole — Referred to the Rugged Scott decision regarding traffic coming out of the
Antonietti —There was discussion about the multi -use paths and crosswalks at
Toole — IIe thinks a bike path from the development up to the Surfside Road i- -
.. _Id be a good idea_ the
plan shows crosswalks at both entrances but not a certified path. If Mr. Pucci is- _:. _
._ ._ with lust a plan. •.%e c
make a reference in the decision. There isn't enough room to continue the bi:_
-:1e top entrance To the
intersection.
Pucci — Option .1 is a possible extension to Thursday to vote; he'll get a final draf _.
_ Tuesda... Oro in 3 i -
the deliberations end and the Board votes on the project 'Monday_ :'Monday you we _ _: ..
-aonze The chair Tcj
with counsel on the final decision to go to the Town Clerk.
\lotion Continued to Monday, June 10 at 1 p.m. in the Training Room by unanimous cvn,ent.
Vote N/A
Page 4 of 5
ZBA Minutes for June ?, 2019, adopted June 13
Ill. OTHER BUSINESS
1. None
IV. ADJOURNMENT
Motion to Adjourn at 4:45 p.m. (made by: Botticelli) (seconded by: Koseatac) Carried unanimously
Submitted by:
Term L. Norton
Page 5 of 5