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HomeMy WebLinkAbout2019-5-9ZB_1 Minutes for May 9, 2019, adopted June 13 ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 ! «-ww.nantucket-tna.goN- -i Commissioners: i J 1 -,1, Chair), Lisa Botticelli (Vice chair), Susan McCarthy (Clerk), Michael J. O'Mara, Karim Koseatac Alternates: Mark Poor Geoff Thayel Jim Mondani -- MINUTES -- Thursday, May 9, 2019 i'u1;1ic Safety Facility-, 4 Fairgrounds Road, Community Room —1:00 p.m. Galled to order at 1:09 p.m. and _Anm>uncements made. Staff in attendance: I-Icamor Antonietti, Zoning Administrator; T. '_Morton, Town Minutes Taker -Attending Members: 1 oolc, AIc(:arthv, Botticelli, O'Mara, Koseatac, Poor, Tha}-er, Mondani .Absent: Nonc Late .Arrivals: Aone l'arlY Departures: N,)11 � \ genda adopted by unanimous consent APPROVAL OF MINUTES I. .April 11, 2019: Hold for June 13, I)v unanimous consent. 1. 76-11 Sachems Path Nantucket, LLC Sachems Path 40B Vote to release $5( ),00 1 I ..uid�cape Security Escrow being held by the Town pursuant to Massachusetts General Laws, Chapter 41, Section 81U (¶7)(21, aml as rcquircd by Condition FA(g) of the Comprehensive Permit, as amended and restated. Voting Toon, AIri::urii�., Botticelli, O'Mara, Koseatac .Alternates Poor, Tha,,ct, Mondani Recused None Documentation File ,vitli associated plans, photos and required documentation Representing Ed Pucc, Pcsct Fngineering Public None Discussion (1:10) Pesce — lhis request is for release of part of the $50,000 landscape securitt- escrow. Thev are down to a couple of landscaping items, which value approximately $7,500. He'll be able to conduct a final inspection in a couple of months. Recommended releasing up to $41,000. One item not complete and out of their hands is the takeover of the sewer pump station h. rhe 'Io,,, n. Incomplete landscaping items are replacement of trees that died, some grading, and repair of some erosion near drainage. The loss of the trees was not abnormal; there was evidence of deer eating vegetation. Toole — I Ic would want to incentivize them with more than 20%. Asked if thea adhered to the planting plan regarding the calipct of the trees. Pesce — 1 c,,, they did for the most part; they are in substantial compliance with the Comprehensive Permit. Toole — AVe ncv-er came up with a methodology for protecting the sewer easement. Pesce — It is «ell delineated, and no construction is over it. He had requests to put a fence over it. Antonietti -- 11avici Gray, Sewer Director, said no to fences over the sewer easement. Toole — I Ie has no problem with releasing some of the money. Asked the Board's opinion. Pesce — 11, «:I] i,-pect the newlN- planted trees in the fall. The trees have a 1 -rear warrantee and the landscaper has been honoring, that- Antonietti — You can make a motion to release the balance in the fall once it is ascertained they- are in compliance. Discussion on the amount of money to release - $12,500. For public/common land. \lotion Motion to Release $37,500 with the balance to be released upon completion of work and confirmation of compliance with the Comprehensive Permit. (made by: Botticelli) (seconded by: O'Mara) Vote Carried 5-u 2. 23-18 Adam Ross :ind I.mma Ross 50 Okorwaw Avenue Beaudette REQUEST TO CONTINUE, WITHOUT OPENING, TO JUNE 13, 2019 Voting Toole, AIc(',tith,, Botticelli, O'Mara, Mondani .Alternates Poor, Tliiiv cr Recused None Documentation File Nvith associated plans, photos and required documentation Representing Nonc Public Nome Page 1 of 4 ZB_A 'Minutes for Mai- 9, 2019, adopted June 13 Discussion Antonietti - This is on the Select Board agenda for Mai- 22. \lotion Motion to Continue. (made by: Botticelli) (seconded by: O'Mara) Vote Carried 5-0 3. 06-19 Victor P. Haley 94 Orange Street Cohen .\pplicant is requesting relief be Special Permit pursuant to Nantucket Zoning BN --law- Section. : = - -Iter and expand a pre- existing nonconforming dwelling in order to build a 2 stop- addition. The existing ground corer -..::: _ _ _. _d by approximatel-, 1')4 sq. ft. as a result of the enclosure of an existing deck, vielding a total proposed ground corer ran 51 �`' is allowed. %\h.le the expansion will result in a vertical extension of the setback intrusion on the north elevation. .. _ rill be no closer to the northerly lot line than existing. To the extent necessan-, _Applicant further seeks rescission of pnc,- r_ :_ _ _ .: - -- e No.s (121 and � .-1- 97) granted in connection with the now abandoned commercial `guest house' use to recognize - , _ - _- - -_sldenual uses upon the Locus. Locus, an undersized lot of record, is situated at 91 Orange Street, shown on Assessor', arcel 4 and upon Plan File 51-11. Evidence of owner's title is recorded in Book 1.136, Page 28 on file at the NantuckeT ' . i- - _ - of Deeds. The stTe r zoned Residential Old Historic (ROH). Voting Toole, NlcCarthN-, Botticelli, hoseatac, Thaver Alternates, \Iondani IZCCUSed Done Documentation bile with associated plans, photos and required documentation Representing None Public None Discussion ( t .3t) Antonietti - Steven Cohen, Cohen & Cohen Law P.C. has asked to continue this \lotion Motion to Continue to June 13 at applicant's request. (made bv: Bomcelli; :'sec,: _ - 'Ara, Vote Carried Unanimously 1. 03-19 Estate of Nikki S. Toole; Edward S. Toole, Tr., EC' -\p Nominee Trust; Sarah F. _\]ear- -I -..: 5 . ndsbun- Nominee Trust 11, 13, and 13 Sar'�� Alger IZFQL'FST TO \\7THDR_A\V\\1THOUT PREJUDICE Voting \IcCarthy, Botticelli, O'Mara, hoseatac, Poor Alternates Tha\-er, Mondani Recused Toole Documentation File with associated plans, photos and required documentation Representing Sarah .Alger, Sarah F. _Alger P.C. 1'ublu \one Discussion (13_') Alger -.Asked this be withdrawn. \lotion Motion to Approve the withdrawal without prejudice. (made by: Botticelli _ara Vote Carried 5-0 2. 08- 19 '\lartin T. Long, Trustee, Martin T. Long Revocable Trust & Frances E. Long, Tru- __.:: __ Long Revccacie 100 QWdnet Rc�__ Glidden .Applicant is requesting Special Permit relief pursuant to Zoning By-law Section 139-16.C'l to rc -_:3e v and setback to the alternative, applicant requests relief pursuant to Section 13916.C(2) to validate an unintentior__- _ rasion not grearer -han into a required yard and not closer than 4' from a lot line. Varying and discrepant plans sho%v be either a coin^Want 10.4'± from the southerly side yard lot line or as close as 9'±. Locus is situated at 100 Quidnet Parcel ,3 and as Lot 40 upon Land Court Plan 8506-C. Evidence of owners' title is registered Title No. 234 a- the Nantucket County District of the Land Court. The site is zoned Residential Tw-enn- R-20 . Voting '\Ic(,arth\-, hoseatac, Poor, Thav er, Mondani Alternates None Recused Toole, Botticelli, O"Mara Documentation Dile with associated plans, photos and required documentation Representing Richard Glidden, Glidden & Glidden Public None Discussion (1:33) Glidden - Explained what lead to the setback intrusion. Antonietti - Relief has been granted in similar situations. You can say- "reduce tf :ou choose. ':here was a period of time when there were compilation plans, which aren't as reliable. u:-:- _ - _-insideranon. Glidden - There is a 1945 Land Court plan and a 1980 plan for this lot. We don to go TO fire feet • ou could reference reducing the setback to 9 feet for the northerly propem- line: - _ _� xcar without coming back to the ZB_\. \lotion Motion to Grant relief of 9 feet on the northwesterly corner of the dwelling ,v:th no further relief. hoseatac) (seconded by: Thayer) Vote Carried unanimously - Page 2 of 4 ZB.A Minutes for May 9, 2019, adopted June 13 3. 09-19 Andrus !. Recod,r & Isabelle Schiavi 22 Bassett Road Brescher .Apphcant is requesting relict h.v >pecial Permit pursuant to Zoning Bl --law Section 139-33._x, to allow an extension, alteration, or change in the pre-existing nonconforming ground cover. The property, improved with two dwellings and a barn, is also pre-existing nonconforming as to frontage and setback. To the extent necessary, _-Applicant seeks to modify relief granted to prior owner in 2002 (ZB.A File No. 064-O2', which permitted a ground cover of up to 6,539 SF for a Ground Cover Ratio ("GCR") of 5.130,, where maximum allowed is ;`' of the lot area of 127,414± SF. However, when the work authorized in part by the 2002 Special Perrrnt was completed, the resulting ov erall ground cover was less than that proposed. Therefore, the existing nonconforming ground corer is 6,207± SF, for a GCI,', of ruuglilc 4.9%. Applicant proposes to enlarge one of the dwellings which will result in a net increase of 25-± Sl- for Ffor an overall ground cover of (,,464± SF or a GCR of 5.07%. Locus is situated at 22 Bassett Road, shown on _assessor's \fap 26 as Parcel 46 and upon 1 -and i.ourr Plan 37002-A. Evidence of owners' title is registered on Certificate of Title No. 21554 at the Nantucket County District of the Lind Court The site is zoned Limited Use General Three (LUG -3). Voting Toole- AIc(1.trihy, Botticelli, O'Mara, Koseatac .AItcrnates Poor, l h.t\ er- Alondani Recused Non, Documentation File \v ith .issoa:irrd plans, photos and required documentation Representing Richard Glidden, Glidden & Glidden Public Nonc Discussion (1 42) Glidden - since the screened -in porch will result in less groundcover than the decision allowed, the builder thought he could go ahead and make the change without seeking an amendment to the special permit. They were approved for 5.13" rhe, are requesting a reduction to 5.07°/0. The 2/27 plan shows the addition and proposed screened -in porch; now, that porch ,vill not be screened in so doesn't count as ground cover. Antonietti - \larcus Silverstein, Zoning Enforcement Officer, issued a violation for work performed without a permit. Some of the work has been done but not the work from the original special permit. Explained why Mr. Silverstein ruled the permit had expired. Glidden - .\sk,d for a continuance to allow him to speak with -'\fr. Silverstein for clarification. Motion Motion to Continue to June 13 at applicant's request. (made by: O'Mara) (seconded by: Koseatac) Vote Carried l n.tnimousl- 4. 12-19 Nanmckct Point of View, LLC (Owner); Christopher F. 'McCausland & Elizabeth J. McCausland, Trustees, Eleven Lincoln Avenue 'nut'peter \iocausland & Bonnie F. McCausland, Trustees, Seven Doors Nominee Trust; Peter 'McCausland & Bonnie F. NlcCausliind, l ntsrecs, Pug Cottage Nominee Trust (_appellants) 9 Lincoln Avenue Cohen .Appellants bring an appeal of a decision by the Building Commissioner, pursuant to Zoning By-law Sections 139-29.E(1) and 139-31. Specifically, .Appelhiiis recyucst that the Zoning Board of Appeals overturn the determination of the Building Commissioner in his refusal to revoke Btulding Perini No. 1868-18 for the construction of a pool at 9 Lincoln _venue. _Appellants had requested such revocation pursuant to Scctio1:l39-26.F on the basis that the Building Permit was issued under false or misrepresented facts, as the application did not disclose th:i-, rhe required Certificate of Appropriateness (CO A No. 71235) was under appeal. Locus is situated at 9 Lincoln _Avenue, shown on .Assessor's ;Map 30 as Parcel 137, as Lots 3 and 4 upon Land Court Plan 14438-C and upon Land Court Plan LCP 43204_A. Evidence of ow rner`s title is registered on Certificate of Title No. 26591 at the Nantucket County District of the Land Court. The site is zoned Residential One (R-1). Voting Toole, McCarrh� , O'Mara, Koseatac, Thayer :Alternates Poor, Mondani Recused Botticelli Documentation File vpith sssociared plans, photos and required documentation Representing SteN cn Cohen- Cohen & Cohen Law P.C. Public None Discussion (1:57 Cohen - _Asked for withdrawal without prejudice. \lotion Motion to Approve withdrawal without prejudice. (made by: Koseatac) (seconded by: _McCarthy) Vote Carried 5-i i 5. 11-19 Cynthia AL (:.tssino, Trustee, Doris hurray Trust (Owner) and Randolph G. Sharp, Jr., Trustee, Randolph G. Sharp, )r. Trust (.Apphcant) 76 Polpis Road Cohen :Applicant is requesting relief h% special Permit pursuant to Zoning By-law Section 139-33(_04 in order to demolish a pre-existing nonconforming structure _',293± SF for a ground cover ratio of 3.6% where 3.0`o is allowed, and to replace it with a new structure that retaiiis the nonconforming ground cover ratio. Locus is situated at 76 Polpis Road, shown on _Assessor's Map 43 as Parcel 17- and as Lot 2 upon Plan Book 19, Page 126. Evidence of owner's title is recorded in Book 1496, Page 192 on file at the Nantucket County Registry of Deeds. 11ic site is zoned Limit Use General -3 (LUG -3). Voting Toole, AlcCarrh; Botticelli, O'Mara, Koseatac .Alternates Poor, "I h.ty er. Altindani Recused Non, Documentation File \v irh aaociared plans, photos and required documentation Representing Steen Colic,., Cohen & Cohen Law P.C. Public None Page 3 of 4 ZBA Dfinutes for May 9, 2019, adopted June 13 Discussion (1:59) Cohen — Explained the reason for the request for special permit. They are w-ork_'_:,: _: : -r a new structure to be submitted to the Historic District Commission. \lotion Motion to Approve the special permit as requested. (made bv: Botticelli; 'seco_: -.-ac, Vote Carried 5-0 6. 13-19 David J.'\turphy, Trustee, 262 Polpis Nom. Tr. 262 Polpis Road Cohen .lpplicant is requesting relief by Special Permit pursuant to Zoning By-law- Section 139-33._A -1conforming u=e -'hard dwelling) by demolishing a pre-existing nonconforming third dwelling and replacing tt with a -__ - _ ___ --ing thud dw-ellmg. 'T -ht existing structure is a two-bedroom dwelling with 1,1''6+ SF of ground cover, and the replace =. __ ..__ -s proposed to be three bedrooms with 1,700± SF of ground cover. The Locus is otherwise conforming to the provision- ,- -_ 3 -._:; Locus is situated at 26' Polpis Road, shown on Assessor's Map 25 as Parcel 1, and as Lots 3, 4, and 5 upon Land Cour- vidence of r),.;-ner*s Title is registered on Certificate of Title No. 2-11- at the Nantucket CountA_- District of the Land Court :.. _ _ : i :ed Limit Use Gentrai- - (LUG -3). Voting "Poole, NIcCarthN, Botticelli, O'Mara, hoseatac .Uternates Poor, Tha%-er, Mondani Recused None Documentation bile with associated plans, photos and required documentation Representing Steven Cohen, Cohen & Cohen Law P.C. Public None Discussion (2:u4) Cohen — Explained the reason for the request. Antonietti — The abutter wants to ensure the new structure is not visible from her- - _ Toole — Ile has no issues with this. \lotion Motion to Grant the relief as requested. (made by- Botticelli] 'seconded bv- O'_�._- Vote Carried 5-0 �. 1() 19 Rock D. Gonnella, Trustee, North Nom. Tr. -3 Easton St. Nathan Barter .Applicant is requesting relief by Variance pursuant to Zoning By-law Section 139-32 for a waiver sand setback proz:=.or. in Section 139-16 in order to validate the placement of an outdoor shower, a portion of which is _2.4'from the eastern:. Sot line. Locus is otherwise dimensionally- conforming to the provisions of the Zoning By -lax-. L, _ - _- at -3 Easton street. _= shown on .Assessor's Map 42.4.1 as Parcel 109 and as Lot 5 upon Plan No. 03-5-. Evidence of -ecorded in Book Page 84 on file at the Nantucket Counn Registn- of Deeds. The site is zoned Residential Old iLst,.��� Voting Toole, McCarthy, Botticelli, O'Mara, hoseatac Utcrnates Poor, ThaN-er, Mondani Recused None Documentation bile with associated plans, photos and required documentation Representing None Public None Discussion �2:10) None \lotion Motion to Continue to June 13 without opening. (made by: Botticelli) 'second,� Vote Carried 5-0 I. None Motion to Adjourn at 2:11 p.m. (made by: Thayer) (seconded by: Botticelli) Carried unanimoush Sources used during the meeting not found in the files or on the Town website: 1. None Submitted bv-: Tern L. Norton Page 4 of 4 ZBA Minutes for May 20, 2019, adopted June 13 ZONING BOARD OF APPEALS Public Meeting 2 Fairgrounds Road Nantucket, Massachusetts 02554 xv,\vw.nantucket-ma.gov Commissioners: i,i Chair), Lisa Botticclli (Vice chair), Susan McCarthy (Clerk), Michael J. O'Mara, Kerim Koscatac Alternates: Dfark Poor Geoff Thayer Jim :Mondani -- MINUTES -- Monday, May 20, 2019 4 Fairgrounds Road, Public Safety Facility Community Room - 12:00 p.m. Called to order at 12:221 p.m. and _Announcements made. Staff in attendance: 1 acanoi \ntoiiietti, Zoning Administrator; Terry Norton, Town Minutes Taker .Attending Members: Toole. RwTicelli, MlcCarthy, Thayer, Mondani .A])sent: )Mara, i-�oscarac, Poor Late: Mond.uu_ P.M. hown Representative: Gcot­e Pucci, h&P Law, P.C.; Ed Marchant, 40B Advisor \genda adopted by unanimous consent 1. APPROVAL OF MINUTES Minutes for May 10, 2019: Als. Botticelli - Size of lots page two: where it says 1250 square feet (SF) per bedroom; should read-,500SF for duplex. Motion to Approve as amended. (made by: Botticelli) (seconded by: Thayer) Carried unanimously 20-18 Surfside Crossing, LLC Surfside Crossing 40B Haverty/Reade The Board will ha drlil r:uie;n regarding the application for a Comprehensive Permit in accordance u7th M.G.L. Chapter 40B. The Locus is situated ai -�, - :tnd 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, �, 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 approximatell\- 13.5 acres. Evidence of owner's title is recorded in Book 1612, Page 62 at the Nantucket Registn- of Deeds. The property is located in a Limited Use General 2 (LUG -2) and within the Public Wellhead Recharge District. Voting Toole, Boincelli, McCarthy, Thayer, Mondani .\lternates Non( Documentation Working draft 4(lb Comprehensive Permit decision; architectural drawings. Discussion Pucci -- I Iii: \\ orking draft is prepared for discussion only and based on information brought up in the discussion. In it we ralk about findings and public information. Section IV Subsection C is about project economics. You don't have Safe Harbor a ail;tl lc, but a narrative is provided about the Town's efforts regarding Affordable Housing; you would have had Safe 1 l.urbor it is ,% eren't for the appeal of a certain project. Regarding conditions specific to this project, there will be additional condinons to the project; he has place holders in this draft. Antonietti - Thcrc is a meeting scheduled forMay 31 at 2 p.m. Marchant -- the d.tte on page 1 at the end of second paragraph should read April 11. Toole - Page 2, Section III, Summary Decision, asked if that is a suggestion to insert a number of units. Pucci - fhat raises an issue about overburdening this site and the area. You were looking at the impact to reach a decision on the number of units; if you render an approval with conditions, I recommend giving a maximum number of units in _\ Our decision. If you are reducing the size or limiting the number of buildings, you might want to provide the applicant some flexibility as to which buildings he constructs. Toole - AX c had 40 single-family units (SFU), fourplexes and 4 duplexes. We would further define the maximum numhcr upon traffic, health and safety. Marchant - 1 ou yvant to protect yourself with a maximum number of units; but you might want to give a range of SFU, fourplex units, and duplex units. Toole - Rei icxud reasons for no eightplex units. The maximum -sized multi -family unit (M1FU) will be a fourplex. Marchant - It i, important to have a defined term for the plan. On Page 2 you want to define the "comprehensive permit plan" since there have been so many plans submitted for this project. Toole -- Section I \ , Affordable Housing Production Plan, that is great to have in there; we want to reference it. Section IVB is a statement of fact from the record about failure to provide information to help this Board make an informed deci,ion. Pucci - I [e recommends this because a lot of things discussed in the hearing process called for more public hearing sessions. Page 1 of 6 ZBA 'Minutes for 'May 20, 2019, adopted lune 13 Toole - Even -one feels the traffic issue isn't settled; a lot of issues weren't set-=_ _ .. _ _ have been u-tth funher hearings. Section IV.C, _applicant's Failure to Provide Information, there was no discussi,, - ver got to discuss •aha- would render the project uneconomic. Pucci - _mother place it came up was the sewer; there was the statement the Boar - -oo expensive. _-,ione or in the aggregate, a condition could be argued as rendering the project uneconomic. Marchant - The developer's fee of 15' o is considered economic; anything less is _ McCarthy - An important point to bring up is the year-round restriction. If t}-: =.;ues this protect r no•.y uneconomic and at the same time holds onto the year-round restriction, thars _.__ - -hotce. The -.ear-round restriction depressed sale price is self-imposed. The year-round restriction on pnc_ _ do u-ith our role. It an aspect of the applicant's program the Board does not have jurisdiction over. Marchant - The issue will come up at the Housing _appeals Commission I i -e the numbers .;- be presented. Had we sufficient time, we would be reviewing the conditions and tht- -o argue v.-hether ,: not a condition makes the project uneconomic. Pucci - He has a problem, as the Town's legal representative, about not raising :._ :--_ _ ...._ _ ]ou-Ing the apphc�nt -o treat the Public Hearing process as a sham so they could have a hearing with H_a the permrtnng agenc-.. The Board's issue about year-round housing would be stated in subsection C. Toole - Section IV.D, Overburdening Development Site and _adverse Impacts ul .:= i. __ _ :_. _-h• all our condi ons _re related to that; in general, we think this development overburdens the site. Pucci - It is important to have findings to support your argument. He u -ill pro; -d- ::. -: . - .. aced upon •.yha- - in record. McCarthy - _asked if it's possible to talk about the objections of the neighbors. Pucci - There will be an appendix to the decision which will have the entire rec -_.: - nt to highhgh• so^:e the opposition to the project. Marchant- It's also important to note how overreaching the 156 -unit proposal a. -. ::. ock-and-aue pro -r,-:. Toole - Section V, Requested Waivers and Exemptions, Number 3 is the one Th. There ha= been n" discussion of the waiver list as it relates to the economics of the project. Appendi_�. --t of requested Mondani -'toted that with all the conditions, we are essentially denying the prop Pucci -'Phis is a working draft; it isn't necessarily an approval. If you deny. you h:.. _ _ --, - -_ irden of proo:. Toole - Section N'Il looks like a boiler plate addition; if they want more %vaiyers. tl--_ Marchant - This is important because if the developer didn't ask for a waiver be s indicating a con requiring a waiver, you can add that. Mondani - Going back to Section `,'I, Eligibility, the extension language, asked if that sentence_ Marchant - .1 project eligibility letter (PEL) is good for 2 years but once the ap-_- _ - - - stted. the PEE i- ^ o0 We don't want extraneous stuff in here; once they submit the Comprehr:- - _ _. ._ pphcanon. . ou re set Endorsement comes at the final stage; once the appeal process is complete• the subrrut a final plan_ `:ie want to be able to say they can build a reasonable project consistent with what yo __-_ - at. 'Mass Houstn execute a regulatory agreement until it's ready to give final approval. The issue of 'I tat -us has been at HAC. They just have to be a limited -dividend organization, which they'll do �,-__ : ~ _ _ _ -e regulator, agree^ cn-: they can't start construction until they receive final approval. Feels this is not a rex: Pucci - If you have a good -faith argument, it should be in there. He doesn't add rmanon_ '�1r. can provide a red -pencil version of items he thinks should come out and the Boar- _ :.:-_. _ .. _: decision. Toole - It is okay_ with the Board for Mr. 'Marchant and Mr. Pucci to work out th,_ -hould or should n�,- 'rye in the decision. Mondani- Ilis only comment on Section I-II is that it defines the term. Marchant -'toted that under Mass Housing, the Town is not a pain- to the regu._ Toole - VIII, says if they want to make substantial changes, they need approval fr, Marchant - He'll talk to Alr. Pucci about this too. You might have someone make )0 UT -,hat is sub-tant�L It might be adequate to reference regulations. Toole - I1 there are several points where the Board has 45 days to review som; ::-.. /_ meets n(rmA]-. once s month and questions if that is adequate for the Board. It comes up in several spot - m Marchant - he would hold that in abeyance. Once there's a change, there is a am,- Toole Toole -The response could be they have to come to a ZBA meeting. Mondani - We don't have a final plan and are using bits of information, we neer has problem, ,-:-h -he post issuance of material; asked what happens if this Board fails to approve this. ",. _ _ -_ tte plan. Marchant - You need an updated phase and development plan or a plan on ho;; _ _ -. __ _e protected. .-h Bo r can make the decision that information submitted was inadequate. We u a - necessan sun^ie:men'.di information needed, such as an updated Construction 'Management Plan. Page 2of6 ZBA Minutes for May 20, 2019, adopted June 13 Antonietti — If rhe\- submit plans or documents, asked if it could be put under Other Business on the regular -meeting agenda to reviexv rhat information. This has been the general practice with existing 4013s where approval was sought for `insuhscuutal ch.in,,es'. Toole — '�rctiom VI. Site Specific Conditions, subsection 10 addresses the 50 -foot frontage; only Lots 16 and 41 are alloy\ ed sinallcr frontage. _asked if the Board talked about the 5 -bedroom lots being voider. Sub A'etlUtl ', ' is a(> spas. Marchant — 1 ou might want to detail reasons why: violation of distinguishing market rates from affordables at the curb as well as noise. Botticelli — One is a pork -chop lot and the other is at the end of a cul-de-sac. She has the information to create a footprint ,round -cover chart. Toole — uhscction 13, we all agree some buildings are not in keeping with the area. One of the models has a full has(. ii: unit anti [hat is not permissible. None of the other projects have basement units; he believes none of the other projects h:n c h:tsument bedrooms. Marchant -- 'I lic issue with the 4- and 5 -unit buildings is all the bedrooms were in the basement; you stated at least one bedroom has to be above grade. Pucci — 1 ou've got commentary on the record about no basement units and basement bedrooms. Toole — \\ c ct i limit the groundcover to 30%; that would keep the buildings from getting larger. The 5 -bedroom SFUs have m o s in the basement. Botticelli — Shad prefer smaller SFUs with basement bedrooms. Pucci — Confirmcd that the 8 -unit MFUs are being eliminated. Toole — Ihcrc :tre 2 fourplexes and 4 8 -unit MFUs on the plan; we are allowing fourplexes. Botticelli — A anr> to limit the Recreation Building by groundcover under the Zoning B\ -law: i.e. 1,500SF groundcover as defined b\ the /oning Bylaw; the total useable square footage is 4,000 SF. Marchant — SuQgcsted adding that the land freed up by the reduction in groundcover will be used as green space. Toole — 'I he recreation Building was discussed at a hearing and we indicated it was too large; it came back in the same form ,vithour am dimensions. We want to limit its use with no outside rentals and no catering. We want to comment about ncc tnappropr-iate size of the original design. Pucci — It ,vould be helpful if you forward issues like that to -Ms. Antonietti who will forward it to me. Mondani — I Ic has a problem with limiting the pool hours; feels that should be up to the Homeowners Association (HO V). Toole - poor can be veru noisy; the neighbors will notice this pool. The HOA might have a different "threshold for pain rh.tn the nciohbors. Mondani — \\ c .addressed _americans with Disabilities _pct (ADA) access with respect to the pool. Marchant — his came up on another project so was addressed here. With the advent of _-lirbnb, adding rules like this will pro\-tde t sateguard. You can't grant relief from any building code or ADA requirement. Botticelli — Subsection 18, this addresses the lot sizes by building type. We need to structure this so that it's clearer to follow: suggested breaking up into sections by housing type. Toole — 18, that would be the proportion for everN thing. Subsection 19 for 5 -bedroom homes, 20 for duplex, and _'i for t«urplc�es. Pucci — _Agrecs the breakdown by unit type would be better. Toole — Subsection 20 reads ? parking spaces for fourplexes and 6 parking spaces for the duplexes and one per bedroom on the \IFI_ s. \\ c never addressed ancillary -overflow parking; we should note that there is a minimum of overflow parking spots. Marchant — Su�ogcsted a table with the minimum lot size, minimum frontage, and parking spaces. We singled out the SFU s as liav ing a disproportionate distribution of bedrooms between affordable and market -rate; that should apply to all models. Pucci —'I his is to the point they do not have any affordable 5 -bedroom units; it might have to be more clearly worded. Botticelli — Ir would be good to make the point that one parking space per bedroom is based upon a reasonable Island model. Toole — AV c can discuss gutters in the Historic District Commission (HDC) discussion. It says all roof -water drainage must he ch,timcled ro on-site drainage systems; even, roof plane will have to be guttered with downspouts. Botticelli — C ht the buffers, we want a split rail fence defining the edge of the no -disturb buffer zones. Toole — NO additional construction or expansion or conversion of living spaces; no home -occupations. For commercial vehicles, � ou should be able to park your personal vehicle if it has commercial plates. Mondani — Back to subsection 20, the approval of the maintenance plan, asked when that would be done. Marchant — prior to issuance of a building permit. Mondani — Sttbsecrion 21, regarding the landscape plan; we should reference the Nantucket Conservation Foundation invasin c species list. The State does define native plants as post glacial. Toole — Suhsecttoit 27, Exterior _architectural Elements, we said no changes were allowed. Page 3 of 6 ZBA 'Minutes for \Iav 20, 2019, adopted lune 13 Botticelli - That's good to have in here-, we don't avant them coming to the L - r change. HD( is ver. conscious of where utilities and air-conditioning units (A C) go in relation to t-,:- building: none of that should be on the front facade. Toole - We should define the "front" as what faces the street regarding utilities r We don -t ha% -e a plan of how buildings are set on the lot. All units, market and affordable, should _ _,-- _. _- if the developer- are providing it for the market -rate homes. McCarthy - It would be helpful to the Board to insert a table hsting utilities ane _. -_ :: _ - _ r __ the units in _­ui;secno n 30 (now 33) of the Comprehensive Permit. Marchant - _1ll dwelling units with basements must have direct exterior access r _ _ _ _.: _-icluding a want all structures to have that. Toole - Referencing the plans is the wav to go. The duplexes have no exterior their basement= are n��r finished, as drawn theN- have no window wells or doors. All SFU s should have dire_ __-._ _.--_rent access. McCarthy -All dwellings units should have direct exterior access. Discussion about exterior access of the fourplexes. Toole - Subsection 35, his onh comment on road materials is that it can be stone -ute curbing and asphaL roadways or a combination. Should add that no garages are allowed. We should _ _ _ Ve to be provided, to a1 SFVs as shown on the plan. Botticelli - Should note that sheds are not allowed on the MF>: lots. Toole - The next section should incorporate John Chessia's conditions. The l :__ __-_. ---.menu are MCiuded- Iit received the letter on May 15. :Members read the letter from the Fire Chief. Toole - His thought is to incorporate all those concerns and conditions. Botticelli - If they have to eliminate the one dead-end road, that impacts densin . Mondani -The concern about accessing the MFL s, asked if that still exists -,ith - , _.: :::, f the condos. Botticelli - Without a definitive plan, questions how the Board can assess accessi :-:- -.c•, vehicles. Pucci - The applicant agreed for those to come in after closure of the hearings. __ _- :_ ... of dealing with them :- to add them to conditions; if that results in a new plan, so be it. Botticelli - The Fire Chief has a concern about the availabilin- of water to fight :a ::- _ : - <- .. _ same , ater M=. a- -1,:e hospital and schools. Marchant - The fire Chief must sign off on the issuance of the building perm:-: tax to be done pr.ljr 'I, that. Mondani -This his letter is more than a checklist. The proposal places an undue hu-_ _ - Department: the., don know if they have sufficient water to fight a fire or can access all the buildings area to the event of a disaster. Toole - This speaks to the lack of information. Pucci - We mould put conditions in per the Fire Chiefs recommendations. If _ _.-- _--oiect because .ou can t condition it to meet local health and safer- concerns, this letter would be reference: Botticelli - Some of the concerns can be conditioned out; however, the concern e` 7 front (--)fa strucrirc snd not being able to reach it is more critical and arises from the densin-. Toole - We put the conditions in and if we still aren't comfortable that we're - - :_ .._-..:= end safer_: need- of the neighborhood, we have grounds to dent- it. There are some issues that the current 7_ ct. Pucci - The approval with conditions is going to dictate the number of units. Tl: _ _- n 1t be condinored per the Fire Chiefs comments; he also raised access of emergent- vehicles and fuc --- __ d quesnuns if those ':�t conditioned to satisft- those concerns. Toole - Unless this is the "silver bullet" for a denial, we would direct Mr. Pucc -uc Chiefs concern-_ conditions. We would never address the water pressure issue; they have to prove tl_ _ � - -_�_ _::__ng perrrut- Marchant - Had the public hearing been allowed to continue, this would have bee-: Toole - We talked about public sewer, we are going to defer to the Town's consul-..-: . : _ :- ___ -_commended pin Pucci - There are quite a lot of conditions going into that in addition to \\ eston a--_. _ -_commendauon_ Toole - Public water connection was addressed; there a-iIl be a bunch of co- _:: _ the most providing Massachusetts DEP (DEP) approval to exceed water withdrawal I= -r : - e«here in the na:ratr:e or conditions there should be an emphasis on the Zone 2 issues: that is i _ : _ Jf requirement-. Requirements: fees and charges. We have not waived sewer connection fees in -L_ go to the _`�eiee �o r for that as other projects have. Mondani - Confirmed the Board isn't granting waivers to fees. Marchant - Should have a simple, declarative statement that all fees and charges e - - _ :.-.-ved. Pucci - You don't want to waive any related fees and charges; he thought he co -,-r _ _1 _ _. _ _ ecuon _XLIV. Marchant - It would be a good idea to include the bedroom Toro rma in Section _-:: _ _ id be a different sect '�n on the I 10 documents and condo documents. Page 4 of 6 ZB A Minutes for May 20, 2019, adopted June 13 Toole — Profit.tbilin- outlines that any excess goes to the Town. He has some issues with marketability; asked if the Board will get to r.vic��. rhe marketing plan. Marchant — Parr of the final approval is meeting the fair -housing marketing plan. Ther will hue a lottern agent and a monitoring agent; you can't count these against Subsidized Housing Inventon- without the fair -housing marketing plan. You don't need to go into that. Toole — Re%-ic«rd conditions to be met before construction begins. Final review of the approved construction plan, u -e aren't engineers or experts and 45 days isn't enough time for a peer review. Marchant — 41 iii projects are based upon a preliminary plan; once there is final approval, the building plans are submitted to the building inspector, who reviews the plans for compliance. The ZBA doesn't get involved in that. If there is a building rope nor normally reviewed by the building inspector, then you might ask for a peer review. Botticelli — \sked if a final site plan will come back to us and will we have the time to review that. _asked if we can change the 45 day s. Toole — 1 Ic thinks 90 days is reasonable since it would be our fust look at the plan. The Town has a contract with Ed Pescc- so l;e co,i.c review the site plan. Pucci — l ii�tt would not be a public hearing. The intent of this is for the Board to review compliance; there is a separate secti(>n on th it ,,etong the building permits. Toole — I lis main concern was that 45 days isn't adequate; also, should we be approving the plans or the Building Department. Pucci — The Building Department will review the final site plans. Marchant — 91) ch,,,-, would be reasonable. Toole — C i,i ti-, Bond, there is the estimated cost plus 10% for inflation; it seems low to him. He would think cost times 1.5 is more rrasunable. Marchant — 1 Ic %%-ould go with the 1.5 as well. Toole — l here \v ere certain projects where the line -item costs were capped. There's a line item in the original PEL for $25o,()011 rhar should be capped. Pucci — Suggcsrcd the Board vote to allow the Chair to work with counsel on the second draft to avoid duplicate condicnons Motion to Authorize the Chair to work with Town Counsel and consultants on the second draft. !made by: Botricelit ;>,conded bj-: McCarthv . Carried unanimoush- Toole — Back to rhe Bond, 1.5 times the estimated cost. He's not sure the 5 -year completion date will be adequate. We should Bond tthc landscape at $100,000. Consensus .tgrccs on a bond of 1.5 times the estimated cost. Toole — If the Bond is given to the Town, asked if the Town is required to finish the project. Pucci — \0, Thr rr.tson for the Bond is to protect the residents if the development is partially built out. Toole — there arc numerous conditions that must be met before construction of homes begins. Questions who reviews the -�tormwarrr \management Plan. Antonietti — i :d Pesce, Town Engineering Consultant, reviews that. Toole —The landscape plans must be submitted for our approval; his concern is that what we have seen is very basic, and the} can't come ir,tck with a plan that is markedly- different. We don't approve something if it is not on the plan we have. There's a lot -,ve are supposed to approve; asked if the Board should be explicit about having 90 days to do any plan review. _\sked Mr. Pucci to review the draft to ensure the Board has adequate time. _asked if there should be language on the cxisring sewer line easement protection plan to be reviewed. Cut and fills, he'd like to have some before and after apprm itl of the sv erage elevation and stating that the relative average grade can't be changed. It states irrigation for the whole subdivision xvill be provided by a private well; arguablN- that would be on the landscape plan or some plan. Reviewed conditions that have to be met for a building permit. Subsection ill._A states the Board will review complete plans before the Building Department issues a pernut; he's okay with that but we need time. Marchant — 1 hat -s the building inspector's responsibilin-; you have to be confident that if he has questions, he -,,U ask the Board. Pucci — the intent of this is similar to the HDC review, to ensure it complies; the building inspector should be able to confirm t1icT sarisfv the Comprehensive Permit. He'll revisit this section, but he wants to ensure the Board isn't giving away their rig lir for input. Toole — We need to review the final site plan, but we need adequate time. Marchant — \\ c need to get the HOA and Condos in here somewhere. Toole — ()it limit of -work fencing, he thinks the entire site should be enclosed in a chain-link fence. At a minimum we want a tcnce along youth Shore Road. Thayer — 1 Ie thinks the split -rail and silt fences should be adequate for delineating the limit of work. Toole — A\ e should condition a fence along South Shore Road; there is a lot of activity going on here. We would -,rant to have no parking or staging of equipment along South Shore Road. Subsection 6- addresses pre -construction conditions. Page 5 of 6 ZB_\ -Minutes for May 20, 2019, adopted -I une 13 Marchant — You should ensure that a lot can't be sold to a 3rd -parr builder and - _ t lots. Cost ceruficanon is integral to a 40B; unless the building is finished, N-ou can't certify the cost. Toole — Subsection 70, Zone 2 should be referenced so there is no confusion as r, :__ . -nphance. Marchant — Subsection 1 states on -street parking is prohibited but states it is ail .. _ _- . : - _age need- to be cleaned up. Toole —They can't burn stumps or bun- them. Pucci — We need to decide what to do about Board review; that's where fees cora : Thayer — Normally the Town doesn't review it; the apphcant's engineer would re-.- : on tt. Pucci — He's seen it come up where a building inspector wants an engineering re,, _ Thayer — .Asked if $80,000 is sufficient to corer am fees. Antonietti — Yes. Toole — Subsection 88 states the applicant will complete construction within 3 ye,- _-- .:-_ _ _ : the perrrut. Marchant — You are subject to reasonable market conditions. Pucci — They have the ability to obtain an extension; he'll review- it with -Mr. -1arc 1 Toole — Subsection 90 is important about keeping the roads clean during construe Subsection 91 states no clear -cutting of the site; asked if there should be some revi_-.. Thayer — That is where a phasing plan would be helpful. Toole — No cutting in June or July should be added; theN agreed to that. Pucci — He didn't put that in because the permit is subject to Natural Heritage --es Program condtnons. lie can add it. Toole — Subsections 92, 93, 94, and 95 all make sense. Subsection 96, Prior - _ _ _rnficate of Occupar.c. (CO), before then get a CO, we need to review and approve the management pl-n - able time: that reed- to be added. Performance guarantee, Subsection101.B would change to 1.3 times. about the waiver one more time. Pucci — The waivers need to be cleaned up. Toole — He'd like to discuss about the building permit applications being limited: t _ .._ .. .: ---:'t met, buildmg per= and COs are held until all the infrastructure work is done. Without the benefit of - ...: _-. ::e are at a dlsad anlage. They should have to get a Form J on even- building permit. Antonietti — Explained how the Form.1 works. Toole — .Asked for a bullet -point outline. There should be something on releasing -he building permit and the final COs aren't issued until conditions are met. -Asked if there was discuss( : _. _ _ _.-.:d for the landscape: he doesn't know how to come up with the number that is reasonable. There was = :: _ ` _ --affic miugauon and %%c- etalked talkedabout that. One mitigation was a cash pay -up to the Town. We never disc _ _ -:1 connecting the -,t to the Surfside Road intersection. Pucci — He has to add additional conditions; that would be there. Toole — On the HO_\, the developer is responsible until the vera end. Discussion about how to condition the developer's responsibilin- for the site A -hen the take- over. Toole — The more we deliberate, the more it becomes apparent we don't have .._: -_ _-_ -:on we need. `,X- could simplif this further by not allowing ancondos since we have no management p1,,. -: _ down t know if -a-e can get through this in just one more meeting. _Asked when Draft 2 might be ready. Pucci — Realisticalll- it u -ill be reads- Wednesdal-, -Mav 29. Discussion about adding another meeting before the '\Mal- 31. \lotion Continued to Tuesday, -MaN- 28 at 4:00 p.m. in 4 Fairgrounds Road, Public Communir: r�jom b:. unanimous consent. V'oic N/-\ Motion to Adjourn at 4:02 p.m. (made by: Botticelb) (seconded by:-Mondani) Carried unammoush- Submitted bv: Tern- l.. _porton Page 6 of 6