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Home My WebLink About2019-4-11ZB A Minutes for April 11, 2019, adopted June 13 ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket Massachusetts 02554 ` - wwN-,-.nantucket-ma.goN- `-'- Commissioners: i -,i i .,,,I: Chair), Lisa Botticelli (Vice chair), Susan McCarthy (Clerk), Michael J. (YJlara, Kerim Kosearae Alternates: Mark Poor, Gcoff Thayer, Jim Mondani -- MINUTES -- Thursday, April 11, 2019 i',thiic Safety- Facilin•, 4 Fairgrounds Road, Community- Room —1:00 p.m. Called to order at 1:03 p.m. anJ _Announcements made. Staff in attendance: l dcanor _Amonietti, Zoning Administrator; T. Norton, Town 'Minutes Taker; Deputy- Fire Chief Robert Bates .Attending Members: T oolc, Mc(:arthy, Botticelli, Koseatac, Thaver, -Mondani .A])sent: O'Mara, Poor Late .Arrivals: Afondant, 1:(18 P.M. 1 {arty Departures: A one Town Counsel: (4eo1:1-e Pucci, K&P Law Agenda adopted b - unaninwus consent 1. APPROVAL OFMINUTES 1. \lat 14, 2019: Motion to Approve as amended. (made by: McCarthy) (seconded by: Koseatac) Carried 4-0//Botticelli abstain 2. '\larch 26, 2019 (4011): Motion to Approve as amended. (made by: Botticelli) (seconded by: Thayer) Carried unanimously 3. March 29, 2019 (40B): Motion to Approve as amended. (made by: Botticelli) (seconded by: Thayer) Carried unanimously 1. 23-18 .edam Ross and Emma Ross 50 Okorwaw Avenue Beaudette REQUEST TO CONT TN [ T., A\TTHOUT OPENING, TO -�\L\Y 9, 2019 -Applicants are seeking to vac,tte 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 1 _i (;-' oning district in which it was situated. When the zoning was changed to LUG -1 in 201-, the lot became conforming in all respcct�, nndunng the need for relief obsolete. The Locus is situated at 50 Okorwaa• _venue, is shown on Tax .Assessor's \lap 79 .t, Parcel (, and as Lot 1 upon Plan No. 2012-82. Evidence of owner's title is recorded in Book 13-5, Page I1- on file at the Nantucket Registr% of Deeds. The site is zoned Limited Use One (LUG -1). Voting Toole, AIcC�uth�, Botticelli, Koseatac, Mondani .Alternates Th;t\ cr Recused None Documentation File aiih .t-oci.ttcd plans, photos and required documentation Representing None Public Nonc Discussion Not opened at this time. Motion Motion to Continue to May 9. (made by: Botticelli) (seconded by: Koseatac) Vote Carried -5-t 1 2. 01-19 SteN cii \X. Russo, Tr., 43A Union Street Trust 43A Union St Reade REQUEST] () \VI i i 11)1 _ AX' WITHOUT PREJUDICE Voting Toole, MCC.irdn , Botticelli, Koseatac, Thayer .Alternates Alondam Recused :done Documentation File with associared plans, photos and required documentation Representing None Public Nonc Discussion Not opeued. Motion Motion to Approve the withdrawal without prejudice. (made by: Botticelli) (seconded by: Koseatac) Vote Carried -0 Page 1of8 ZBA :Minutes for April 11, 2019, adopted June 13 3. (4-19 Linda A. Yates 21 Dern -more R, Cohen .Applicant is requesting relief by Variance pursuant to Zoning BN --law Section 139-32 for a ,vaiver r = - side ti and setback provision in Section 139-16 in order to construct a new dwelling as close as 2 feet from the :_ �_ -ard lot line. The property, is located at 21 Dern -more Road, shown on Assessor's Map 41 as Parcel 11- and as Lo- _ : -7 -: _ _-.__ _ ' -ourt Plan 13199- V. 1'vidence of owner's title is registered on Certificate of Title No. 22854 at the Nantucket C< - - the Land Court_ The site is zoned Residential -1 (R-1). Voting McCarthy (acting chair), Botticelli, Koseatac, Thayer, '\londani Alternates None Recused Toole Documentation File with associated plans, photos and required documentation Representing Steven Cohen, Cohen & Cohen Law P.C. Public None Discussion Cohen — This is a for intrusion into a setback to be cured upon acquisition of a Int of land through the Yard Sale program; the Town has filed the S -petition with the Land Court, which ::- as a cop, of. Botticelli — Mr. Poor wanted to see the HDC approval with the parking changed Cohen — He thought that would be a condition of the approval. Antonietti — There are four abutters on Delaney- & Dern -more who are able to ac Botticelli — asked about plans showing a window well out of the current serbaci: Window well should be eliminated until after the land purchase; besides the window• well doesn't shoo- up -- -_ McCarthy — Reviewed proposed conditions included in the Staff Report. Mondani — This is a ver- unique situation. Thayer — He wants this conditioned that there will be no further subdivision. Botticelli — She stated she felt it was disingenuous of the client's representative client doesn't ge- ._ variance and has to remove 3 feet off the house, she would have to build a bow. th- :- \lotion Motion to Grant the variance vvith conditions as stated. (made by: Mondani _ _ _ :,)seatac, Vote Carried 5-0 L 03-19 Estate of Nikki S. Toole; Edward S. Toole, Tr., EC:\1_J Nominee Trust; Sarah F. _\lz_-. ::. ""--:r.dsbur Nominee Trust 11, 13, and 15 Sar - - - .Ager Rl'QUES'l- TO CONTINUE, VITHOUT OPENING, TO \L -\Y 9, 2019 APPhcant is seeking Special Permit relief pursuant to Zoning By-law Sections 139-30 and 139-�_ -ernative Vanance -t- pursuant to Section 139-32, to reconfigure 3 pre-existing nonconforming lots bN- way of lot line . _ _. -_-- -w-een the 3 proposed, Lot -0- would be less conforming as to area and frontage; Lot - 1 - would be more c- area and frontage: i,,,r 18 and 719 would be less conforming as to area and unchanged as to frontage. Development F<. ,_ . _ _ ,und corer and al],_)-aved number of bedrooms would remain unchanged as a result of the proposed reconfiguration= :_ __ _ ited at Il, 13. and '.5 Sandsbury Road, is shown on assessor's - lap 92.4 as Parcels 2-2, 284, and 285, and as Lot -i?- u --Plan 5663-36 and ls'-s -F, -18, -19 upon LCP 5004-42. Evidence of owners' title is registered on Certificate of Titic _ .3-51". and 1G at the Nantucket Count, District of the Land Court. The site is zoned Limited Use General Three LU( Voting \IcCarthN. (acting chair), Botticelli, Koseatac, Thayer, -Mondani Alternates None Recused Toole Documentation File with associated plans, photos and required documentation lZepresenting None Public None Discussion Not opened at this time. \lotion Motion to continue to May 9. (made by: Botticelli) (seconded bv: Koseatac. Vote Carried 5-0 Page 2 of 8 ZBA Minutes for April 11, 2019, adopted June 13 2. 06-19 Victor P. 1 Ialev 94 Orange Street Cohen -Applicant is requesting relief Its ipecial Permit pursuant to Nantucket Zoning By-law Section 139-33.A, to alter and expand a pre- existing nonconforming cin clling in order to build a 2 stop• addition. The existing ground cover will be expanded by approtimatel� 194 sq. ft. as a result of the encl,>sure of an existing deck, yielding a total proposed ground cover ratio of 34° o where 50',j is allowed. While the expansion will result in .i v-crrical extension of the setback intrusion on the north elevation, the structure will be no closer to the northerly lot line Than existing. To the extent necessary, Applicant further seeks rescission of prior relief (ZBA File No.s 021-80 and 0-1- 97) granted in connection ,v ith the now abandoned commercial `guest house' use to recognize the exclusively residential uses upon the Locus. Locus, an undersized lot of record, is situated at 94 Orange Street, shown on Assessor's Map 55.1.4 as Parcel 4- and upon Plan File 51-P. Evidence of o\%nLr'I title is recorded in Book 1456, Page 28 on file at the Nantucket County Registry of Deeds. The site is zoned Residential Old 1 hi toric 'RC9I-1). Voting Toole, V, C,u rhe Botticelli, Koseatac, Thayer .Alternates Mond:u:i Recused Nonc Documentation File «ith as>ociarcd plans, photos and required documentation Representing jay AIaroncCohcn & Cohen Law P.C. Steyc,t (';)Ii, n, ( )hen & Cohen LawP.C. Public None Discussion Maroney — Presented the request: change of use and remove non -conforming deck and build an addition inside the setback. Toole —'I he 1985 Blackwell plan doesn't show the deck; asked when it was built. Cohen — AVe're removing the deck; we aren't arguing to keep it, so its status is moot. Consensus ha,, no concerns about the change of use. Botticelli — 11 looks like the addition could be redesigned to be out of the setback; the proposal puts a lot more mass into the scrhack. -�ttggested continuing to get information on the deck. Thayer— _Agroes «ith ifs. Botticelli; there is plenty of room to build the addition, so it doesn't encroach. Cohen — 'I It,. finding under special permit is whether or not it is a substantial detriment; the neighbor on the side is not objecting Toole — "I his \yill be more detrimental by putting a structure closer to the property line and the neighbor. This could be done h� right it the design were slightly changed. Botticelli — i h� issue with the Board is the addition in the setback. Cohen — .A„kcd to continue to the next meeting. Motion Motion to Continue to May 9, 2019. (made by: Botticelli) (seconded by: Koseatac) Vote Carried 5 i) 3. 0”-19 KathY 1 Ierdt Charron & Paul R. Charron, Trustees, Paul R. Charron 48 Walsh Street Trust & Kathy Herdt Charron 48 V\ ilsh greet 1 rust 48 Walsh Street Bracken .Applicant is reque,,tinI relict hl special Permit pursuant to Zoning By-law Section 139-17(c)(-) to demolish and reconstruct a dwelling Mid place it on a ne\\- frundation in conformance with applicable building codes and FE -\L3 regulations. The proposed height is 285'± above the minimum first floor ,l,vation of 8'± for an average height of 32.3'± where 30' is maximum allowed pursuant to Section 139 - The existing strucnu-e is nonconforming as to front and rear yard setbacks. The proposed structure will be sited so as to cure both the front and rear y :u d serhack encroachments. Locus is situated at 48 Walsh Street, is shown on Assessor's Map 29 as Parcel 101 and as Lot 9 upon Land Court Plan 15800-F. Evidence of owners' title is registered on Certificate of Title No. 24495 at the Nantucket Count.\ - District of the Land (;purr. The sire is zoned Residential One (R-1). Voting Toole, AIc(urh, . Botticelli, Koseatac, Thayer .Alternates \fondant Recused None Documentation File ,viih .tssoci.ited plans, photos and required documentation Representing Don Bracken, Bracken Engineering Public None Discussion Bracken - Proposed structure will meet all setback and flood code requirements; the height from 1'' -floor to the peak is 28.5 feet with the first floor set above the flood zone. No proposed grade changes. Toole — _According to the bylaw, the height is measured from 8 inches below the top of foundation rather than from the finished I- floor. 'I lie bylaw is unclear and should be changed. The rest all complies. \lotion Motion to Grant the relief as requested with no exterior construction between Memorial Day and Labor Day. (made 1)\: I hay cr seconded by: McCarthy) Vote Carried D-() Page 3 of 8 ZB_A 'Minutes for April 11, 2019, adopted June 13 4. 08-19 :Martin T. Long, Trustee, Martin T. Long Revocable Trust & Frances E. Long, Tn_--_ _. ; : r. _ _ Long Revocable '= nig? 100 Qwdnet RoG_ Glidden RI:QUEST TO CONTINUE, VI THOUT OPENING, TO \L- lY 9, 2019 Applicant is requesting Special Permit relief pursuant to Zoning Bt -law- Section 139-16.0 "l to re _ -_ _ .1 _ 1e , and setback to n the alternative, applicant requests relief pursuant to Section 139-16.C(2) to validate an unintenti,�:=_ - _-_ sion not greater than into a required yard and not closer than 4' from a lot line. Van•ing and discrepant plans sho•.x be either a comphsnt 10.4'± from the southerly side yard lot line or as close as 9'±. Locus is situated at 100 Quidnet n Assessor's `iia^ = a= Parcel '3 and as Lot 40 upon Land Court Plan 8506-C. Evidence of owners' title is registered Title No. 234_�- a- -':e Nantucket Countv District of the Land Court. The site is zoned Residential Twenn- R-20,. Voting \IcCarthN- (acting chair), hoseatac, Thaver, 'Mondani Alternates None Recused Toole, Botticelli Documentation file with associated plans, photos and required documentation Representing None Public None Discussion Not opened at this time. \lotion Motion to Continue to May 9, 2019. GT (made by: Thayer) (seconded bv: host_—, Vote Carried unanimously 20-18 Surfside Crossing, LLC Surfside Crossing = 3 Reade The Locus is situated at 3, 5, ? and 9 South Shore Road and is shown on _Assessor's Map 6- as 11-- 336.8, and 33(.- and 2 - shown as Lots 4, 3, 2, and 1 on Plan Book 25, Page 50 as recorded at the Nantucket Registn- of L-__ _- lot area of the combrned parcels is approximately 13.5 acres. Evidence of owner's title is recorded in Book 1612, Page 6. Regtstr: of Deed-. _I _� propertN- is located in a Limited Use General 2 (LUG -2) and within the Public Wellhead Recharge ORIGINAI. _1PPLICATION: The _Applicant is seeking a Comprehensive Permit in accordance Apter 4,!B, pur5 ant �� project eligibilit-\- letter issued by AIassliousing, in order to allow a multi-famih- project consistznz 3%velhng umc c jmF.-,t: of 60 stand-alone single-family cottages on fee simple lots and 96 condominium units in 6 mule .. -_: _-_ w-Ith _'5 . 3- cottages and 24 condominium units) designated as affordable units, with a total of 389 bedroom-.:- _ __-_ cottages ._-_ . s will be subdivaz t .n�� 60 fee simple lots, 4 open space lots, and a 3.6 -acre condominium lot. Off-street parking w-iL' _ - - :ces per cottage ar.0 spaces designated for the condominiums. Infrastructure and amenities will be provided; 3 protect is pro-', connect to municipal water and sewer infrastructure. MODIFIED PROPOSAL.Prer�iousI6, ndercon.4deratiot: A multi-famih project consisting of 100 for -sale dwelling units comprised of 40 stand-alone sin?-_ :-.._ ___s on fee simple ;ot- end 60 condominium units in 5 multi -family buildings, with 25°0 (25 units, 10 cottages and 15 cond _- -_ _. __ designated a= afforda've units, with a total of 285 bedrooms. The existing lots will be subdivided into 40 fee simple lot-. - -.30m>mum lot _ -acrc community- lot, and 2.8 acres of open space lots. _A total of 244 parking spaces will be provide cor-_--_-_' =f -street park -mg -pace- per cottage), 124 spaces for the condominiums, 20 spaces for the recreational communin- bui c __.. --_ -r-flow on street Infrastructure and amenities -will be provided; however, the proposed project is designed to _ _-_ _ _ .mcipal water infrastructure. MODIFIED PROPOS_AI_ curreu1l5 under consideration: \ nnniti-famih project consisting of 92 for -sale dwelling units comprised of 44 stand-alone sine : .: _:: cs on fee sur.;_;e multi-famih condominium units in a mix of 8 -unit and 4 -unit buildings, and 8 units located is. p__ngs. with 25` consisting of 11 single-family- cottages, 10 condominium units, and 2 duplex units) designates ,uuts. lnfrastrucr,re and amenities wdll be provided; however the proposed project is designed to connect to municipal w a .- . -: _ : _- - frastrucrure. Voting Toole, Botticelli, McCarthN-, hoseatac, 'Mondani Alternates Thayer Documentation 40B Comprehensive Permit application documentation. Representing Paul Havers%•, Blatman, Bobrowski & Havernv, LLC Don Bracken, Bracken Engineering, Inc. Chris Dallmus, Design _Associates Marianne Hanlev, Reade, Gullicksen, Hanlev, & Gifford LLP Jamie Feeler, Cottage & Castle, Proponent Josh Posner, principal Page 4 of 8 ZBA'Minutes for April 11, 2019, adopted June 13 PLIHIC Paul Dcrcnsis, irrorney for Nantucket Tipping point and 285 Island homeowners Patrick "l :tatfe, 21 Okorwaw Drive Linda Dercnsis, Nantucket Tipping Point Susan Dcl:tcoun, 91 Hummock Pond '>irld\ v�olgerAvenue Sean Pci n-, 14 Shore Road Emile AIoldeu, l.xecutive Director Nantucket Land Council (NLC) Barham Carhoni. Counsel for NLC Mary Beth <phine. 11 South Shore Road Dtanc C.ahral, n 4ntth Shore Road Jacques 7imicki, 3 Wherowhero Lane Bol, L:tui. - V `_u_rtuet Avenue Ron B:ar:hc. �� \\ lashing Pond Road Discussion (1:42) Toole - 1l applicant has asked that the public hearing be closed today; in the interest of moving forward, there are consinonrs on rhe Board over the next three weeks. As a courtesy to finish this in an orderly manner, he asked the applicant tt, :tllo,,\- an additional 20 days to write up the decision. Haverty - '1 hat isn't unusual and is not an unreasonable request; he's talked to his clients about it and they are willing to extend to the cnd of'Iay; he will talk to them about extending it a full 20 days. This is not a leverage issue; it's an issue of wanairn,_, t.> >cc ncc conduct of the hearing to ascertain if we're in a situation where we're either at each other's throats or have a con:mor around. We see no value in continuing if the situation proves to be the former. Toole - i ie understand the "leverage" issue; it sounds like they are saving the}- rill extend if we are nice. Havertt - .\,ked for an actual date to which to extend. Toole - "1 lie 4u da,, s is to May 20; adding 20 days would take it to June ? (Friday) or June 10 ('Ionday). Havertv- - I lis client is willing to extend that time. Pucci - 1'cc<nnmcnded a motion. \Iotion Motion to Accept the extension for the Board to render a decision following closing of the public hearing up to and including Monday, June 10, 2019. (made by: Botticelb) (seconded bv:'IcCarthy) Vote Carrcd umannnoush Haverty - e >ubmitted a substantial amount of information pertaining to the 92 -unit proposal. Reviewed submitted information. "i lie applicant and the representatives for the Town are not on the same page regarding sewer connection. \X'e'v c proposed a method of connecting to municipal sewer which we believe is appropriate-, it is the position of the Tov, n consuL`ant> to use the gravity line system. We have not done a full design of the gravity_ option because it is not our prol)Os.il aml v, don't see any benefit of extending the hearing to discuss the gravity design. Toole - 1 1c secs no point in going into details on a plan we can't agree to. We will condition the sewer. Consensrl> of rhe Board and Town Counsel agrees with Mr. Toole. Haverty - AV c no further presentation. Toole - Rcv icy ed rhe list of the waivers. • 13')-- no reed to discuss • �" 1 2.13 t;, �� -river request • :-�) -i, dcnis 30% on the condo lot. • �i [ti-i� ; i �Z D plan 1 & B screen parking. Toole - -Askcd w1w they can't meet that requirement. Bracken - i r > nor technically required; parking is interior to the lot. \''e don't need that waiver. Pucci - i lire can change the request, but it has to be on the record. Havem- - Thai «giver request can be stricken or vote no. Toole - A\ �� car, fust vote no on this rather than take it out. • ;1; 2u -LB Jm-ewav access approval by the Department of Public Works (DP\i). • s`)-2� .1.8,, l� not more than one driveway- access. Bracken -'.ors 12-15 for duplex lots and Lot 11 is the condo. • 131) - 1� i. 1. B 2;(1)[21 allow driveway width • 1 39-2".1.B)21!g) on-site turnaround • 13 (; 23 sire ,,l::n review. Toole - -A>i cr: W h, they want a waiver from that. Haverty - lt'> procedural; ZBA subsumes requirements so site plan approval isn't necessary. Pucci - 1\'.ccomrnends keeping it in and the Board deciding whether or not to approve it. 1 3c) -_'6.C' 1 1 iistoric District Commission (HDC) Certificate of Appropriateness. • 1 ;c)-?S.li,_C)ccupancy permit HDC inspection. Toole - In the past, we've asked the HDC employee to inspect the propertm to ensure compliance; we aren't going to do that. Botticelli - t is about compliance of post -construction review. Haverry - i his is an administrative review of the final plans. \Ve can't be required to go through a process over which HDC lists discretionary approval. This Board is serving as the HDC. Page 5 of 8 ZBA 'Minutes for April 11, 2019, adopted lune 13 Pucci — It will go to the Building Inspector. Toole — HDC Staff gives us a report on compliance. The okay, or the check b' a regular meelin; *hen send it on to the Building Department for the CO. Ther are requesting a waiver : __-__ permit apphcauon fee - on affordable units Town of Nantucket, Comprehensive Permit Chapter 40B Regulation Section _ztem that pre-condi-ion— have not been met and to the extent legally acceptable Toole — For him, "to the extent" is ven- open ended. Haverty — At this stage, it is unnecessary and can be withdrawn. Pucci — It is moot at this point and agrees with Mr. Haverty. Miscellaneous Waivers • HDC requirements All signage, skylights, rooflines under jurisdiction of HD(- Toole — We accept the role per se but doesn't have any information on signage. Haverty — again, the request is for the Board to act as the HDC on any informat Board of Water and Sewer Commissioners Pucci — ZBA will act as the local Board on this so will deny or grant with condinc) • Nantucket Code Chapter 132 Trees and shrubs Toole — He's uncomfortable with "to the extent applicable." Haverty — This goes into procedural category and asking ZBA to act as local _ _>e procedural rs ue- on information available in the record. Toole — With a little more time, we'd have had someone to look at these in regarc = _- ->lan. Pucci — You will have to look at the record and render a decision; this is not proce • Nantucket Code Chapter 102: Outdoor lighting Toole — There is a much greater level of detail on these plans; now- -,e have to e- the extent appncai.:e o. say no waiver granted. Haverty — We've submitted a lighting plan compliant with local gwdehnes. As Board. We will comply with the substantive requirements of the law, not the proce: -: - • Nantucket Code Chapter 12,: construction requiring opening of public wac Pucci — You'll have to look at it provision by provision. • Board of Health (BOH) Regulation 50.01: bedroom count Toole — We had a discussion about what is determined to be a bedroom an_' _. basement and some ancillary rooms. Bracken — BOH has several definitions on bedroom; we decided to show bedr, detailing where they are. Toole —asked if the BOH method comes up with a different number. Bracken — In the end, the bedroom count is about the same. Pucci — By having "to the extent applicable", it leaves them grounds to a -r _.- determination based on information before them. Rules and Regulations Governing the Subdivision of Land �2.03.c wetland boundaries • ,�2.06.a(2) street network plan Toole — _Asked why the waiver. Bracken — Subdivision regulations would require this. Pucci —That is procedural • j2.06.a(3)Form B application • j2.06.a(6) Filing fee • j2.06.a(8) proposed covenant or bond or accordance with ;206.f Bracken —The lots will be resold and guarantees construction is going toward the Pucci — He'll provide recommendations. 52.06.a(l l)site analysis report and map • j2.06.1)(4) placement of zoning information Bracken — This relates to the zoning of the area which is currently LL G2. We dor- information. That doesn't apply to the 40B. ,2.06.1)(14) Landscape planning and size of streets �2.06.b(23) submission requirements relative to lot area requirements under z, Pucci — Now you are getting into the substance of it, such as which lots will be v,:_.. decision will have conditions and the plan you approve will specify the lots where Bracken — We specified a minimum of 50 -foot frontage. j2.06.e Submission requirements center line of road. • X3.01 Zoning compliance with zoning bylaw•. • j3.02 public open space. Toole —There is public open space; asked w•hy it's being waived. Haverty — The intent is to keep the space within private to those living there. Page 6of8 _sue them, not another relate- mo -ti-. u, *he __•- ,er on the plan •vi-,hout _--- to make 3 >ub. T_ -n V c -d this plan -age requrremen--. our -he requirement- ZBa Minutes for April 11, 2019, adopted June 13 • ,.w)piotcct natural features "to the extent necessary-" Bracken — 'I he regulation is very broad and up to interpretation. 3.1 KO one dwelling per lot. • 3.1 a alignment of existing street and access for emergency vehicles. Thaver — \\ ants to know how it doesn't conform. Bracken -- \\ , L.:n e designed this for fire -truck access. There is no design master plan as related to the street network system. • '.'oad ;points and parcel monumentation. Bracken — The plans shows concrete bounds and markers to establish the right -of way in the roads and all the curves and roundims. Toole — the plan has the roadway points and they will be monumented; right now, it does not show that. • `-1.03 , idrh of roads to 30 feet for minor road. Bracken — i'n, .tpphes to two roads; these two roads won't have sidewalks. ,.I.u') soot ;boulders Toole — lius is being withdrawn. asked what happens if for example the shoulders aren't 4 -feet wide. Pucci — You specify- which waivers are granted. Then you have a catchall provision that all others must be met. • < 1.1 b lamdsc:tpe requirement to plant new trees "to the extent necessary" to comply with the landscaping plan. Bracken —There is an extensive landscaping plan provided and includes a planting plan. • �r4. 1_ S sidr-,v alks on both sides of the roadway. Toole — I le :tssttnL s the landscape plan calls out the materials. We can condition this. • 4. P) reyuinn 2 bicycle paths • ,�._'t� smctfights Bracken — Nitre are street lights on the plan; the waiver isn't required. • `4.21 brtd�,cs • 4.24 driy LNVA\ aprons Toole — : he \\-.u\ cr will not be required. If there are questions for additional information, that should be asked now - while the appiic.int may still speak to things. P.Derensis — >ao-s this should be denied because there are no conditions that would make this work for the Island. You have 1l' letters from the community asking this be denied. The defeat of roadwork at the ballot shows where the communir,, sTiin ls. The Board has gotten a lot of pro -development advice; he feels there is sufficient grounds to uphold the denial. I f rh,s project is approved, Tipping Point will sue the Board. The latest letter of Weston & Sampson says that what is proposed, doesn't work; the developer has said they don't want to do what the Town is asking. There is the water issue >tormwater; conditions as proposed by John Chessia, in his opinion, are inadequate. There are still environmcn.,ti issues not addressed, no traffic solutions, insufficient infrastructure. The restrictions that some units will be foo Islander-: "I ticker Holland in his letter indicates that won't work. We submitted into the record the pro forma we obtained hr public records request showing they will make a profit of about $24M; with profits like that, there is no w -ay this project could he rendered uneconomic. Based upon these reasons, the ZB A should dem- the project. Bracken — Chcssia report was submitted. We dug 7 test pits and are confident we know the soil conditions and the ground«:trcr ar the site. Taaffe - i r, id rhe W&S letter; it talks about how- much information isn't included and how- fragile the Town sewer mains .t c. L -lits goes forward and there is another catastrophic failure, would the applicant have any responsibilit- for that tartare t i nor going with a gravity line. asked that the project be denied. L.Derensis — She has asked many- questions that haven't been answered. The Town asked for an invasive species stud, which the tpplicanr refused. Our infrastructure can't take a 92 -unit subdivision; this is bigger than we can handle. at some point Nantucket will have to say "enough." Asked that the project be denied. Delacort — the doesn't understand why this application wasn't put off until all information was complete; why is this different tions whcr permit requests where incomplete applications are turned away. asked that this be denied for all the reasons STA red..Asked that a number of waivers not be granted. Levine — At r previous meeting she heard fire trucks couldn't turn. The affordable units are more expensive per foot than marker houses. People who live here will have to pay- to increase the sewer and water to accommodate the high-density housitig that tsn r here yet. There are people who live here now and haven't been hooked up yet. S.Perry — Asked The Board deny all waivers that this be held to minimum community standards and listen to department heads and :uh. tsars that this is not feasible. Levine — _Askew if he State would consider all the letters against the project. Pucci — the I iousing appeals Committee (H_-�C) will look at whatever material is submitted by the parties involved in the appr.tl. Molden — \\ e' e submitted a final comment letter; a specific request is if the Board issues the request, include a requiremernr that all issues pertaining to endangered species habitat be resolved. Chessia indicated it would be appropriate with \lassaclw cctrs 'Natural Heritage to finish their process. Carboni — iiascd upon her experiences on 40B projects, the Board has authority to deny this or impose whatever conctittoms that includes all subjects and concerns brought up. Page 7 of 8 ZBA :Minutes for April 11, 2019, adopted June 13 Splaine — The traffic study looked at traffic at the intersection north of the prof_- _. ___ _ ddress the traffic south of the project; South Shore Road is a dead-end street with one egress at Surfsid_ ='. .._ mber of cars from hi - project puts the residents south of this at risk, especially the residents at Sherburn,_ _� _ - _ ::_:s is too much. Our well is 10 feet from the southern border. D.Cabral — Safety is her biggest issue: the one-way egress, our clean wells, pressu-_ = _ she wants To hear from the Fire Chief. We are in a heavily wooded area and fire is a potential danger. Zimicki — He can't see how this project passes stormwater standards. Toward _ .. __-_harge area. an-. -. -Tem proposed by the developer appears to fail to protect that. He's concerned about r- .. - _ll. Lang — He walks to the bus stop at Fairgrounds and Surfside and observed the t: _ . Hi- concern :- for The safety of pedestrians and cyclists using that intersection. He feels the various - _ :_ - . -.,.e failed to addre-- -he number of people who need to cross that street. _asked for a denial. Carboni — The applicant is asking for plan waiver; without that, there is no ;. - whaT extent the- dor: T comply; urged denial of the plan waiver. Deputy Fire Chief Robert Bates — Submitted a letter addressing concerns of tl:e : - __ Looking aT Thi- pian. he has concerns about parking, going around the circle, requested minimum of 2,1-f( - _ --Th traveling space. -.%7,h no on -street parking, trees and vegetation because we had no access to some built-.- : __ _ know- of their abzlir. To get their vehicles around the rear curve or access the side road without looking c- . __ .. i. We can't get mul ple emergency vehicles in front of mann of these homes or down the side streets Con: __ : s us. We asked for *ural fire access plan 52" CMR 23.1 for approval. We haven't seen a hydrant Iayout ar, - -. � � � _�_ . � �� defer to 'vX annacomeT Water Company; it's the same system that feeds the hospital and schools. W,_ light a rare: The Lsnal apartment buildings were quite large. We have limited manpower. Bamber — .lsked this be denied. 40Bs should never have been allowed. This p- _ _ - _ tivs beaunfnl island. Haverty — _appreciates what the Board has done with a contentious project. Toole — We w -ill start the next step, deliberation, with the information we have. :.__ - _ _:)esn'T wanT To co^.-:r.:t the public hearing. Once the hearing is closed, there is no further public or applic�.__ - _ McCarthy — She's concerned the Fire Department has not had adequate tim: _:- plan. _-"-ked •,%-h-. Tina- information wasn't provided; it's a disservice to the resident. Haverty — NFD will be provided the plans they require. Toole — Asked if the applicant would consider keeping the date for rendering Tl. _ __ _. -he 1� �, and exTend The hearing for one more meeting to allow- input from Town departments. Haverty — I Iis client feels now is the appropriate time to close the hearing. Pucci —They could agree certain information be submitted. Identify the entities. Haverty — We don't have a problem with the '_AFD submitting the required repo -t Toole — Fire Department access and water for fighting fires. P.Derensis — Objects-, requested that the public should be able to review- the rep,_~-. _ :.g cut ouT. Pucci — _Accept the applicant assent, irrespective of -'\Ir. Derensis' objection. \lotion Motion to Close the Public Hearing at the insistence of the applicant. mad: conded b,: Bor1ce11 Vote Carried 5-0 Toole — Scheduling the deliberation meeting, Friday, '\Iay 1011' at 2 p.m. He _ __ -e Thr- will be -n-,- meeting. emeeting. Antonietti —The week of June 10'11, this room is booked. She will not be available Pucci —That is when the decision needs to be filed. Toole — The first meeting will be Friday, April 1911' at 1 p.m. with the next meerin,: � : _' p.m. 1. Item \lotion to :Adjourn at 3:5? p.m. (made by: hoseatac) (seconded by: Thayer) Carried unanimously Sources used during the meeting not found in the files or on the Town website: 1. None Submitted by: 'I ern L. Norton Page 8 of 8