HomeMy WebLinkAbout2019-11-14 ii
ZBA Minutes for November 14,2019,adopted Dec. 12
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Commissioners:Susan McCarthy(Chair),Lisa Botticelli(Vice chair),Ed Toole(Clerk),MichaelO'Mara,Kerim Koseatac3 `
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Alternates:Mark Poor,Geoff Thayer,Jim Mondani CO _I
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MINUTES ^^� "'
Thursday,November 14,2019 z- '
Public Safety Facility,4 Fairgrounds Road,Community Room-1:00 p.m.
Called to order at 1:02 p.m.and Announcements made.
Staff in attendance: Eleanor Antonietti,Zoning Administrator,T.Norton,Town Minutes Taker
Attending Members: McCarthy,Botticelli,Toole,O'Mara,Koseatac,Poor,Thayer, Mondani
A•enda ado•ted as amended by unanimous consent
I. :1PPROVAI.OF MINUTES
1. October 10,2019:Motion to Approve. (made by:O'Mara) (seconded by:Mondani)Carried unanimously
II. ()I.D BUSINESS
1. 76-11 Sachems Path Nantucket,LLC Sachems Path 40B Pesce
Vote to release $12,500 balance of($37,500 of original $50,000 released on 5/9/2019) Landscape Security Escrow being held by the
Town pursuant to Massachusetts General Laws, Chapter 41, Section 81U (117)(2), and as required by Condition F.4(g) of the
Comprehensive Permit,as amended and restated.
Voting McCarthy,Botticelli,Toole,O'Mara,Koseatac
Alternates Poor,Thayer,Mondani
Recused None
Documentation File with associated plans,photos and required documentation
Representing Ed Pesce,Engineer
Public None
Discussion(1:03) Peace-He kept an eye on this over the Summer;everything has been established,replaced,repaired as requested and is
mature and stable.Recommend closing out the project and eliminating or return the escrow.
Motion Motion to Release the escrow. (made by:O'Mara) (seconded by:Koseatac)
Vote Carried 5-0
2. 18-19 Peter L O'Brien and Natalia V.O'Brien 36 Low Beach Road Cohen
Applicants request Variance relief pursuant to Zoning By-law Section 139-32.A for a waiver from the ground cover provisions of
Sections 139-16.A and 139-33.E(1)(b). Specifically,applicants seek approval of a ground cover allowable upon acquisition of the 19,666
SF abutting paper road parcel, shown as Parcel 33 upon Plan No. 2016-113. Said acquisition with Locus is progressing through the
Town"yard sale"program and will ultimately be merged with the property to allow for a ground cover of 2,147 SF,where the existing
Locus would permit up to 2,000 SF pursuant to 139-33.E. The structures and Locus will otherwise be dimensionally compliant. The
Locus is a pre-existing nonconforming undersized lot of record situated at 36 Low Beach Road,shown on Assesso?s Map 74 as Parcel
55,and as Lots 1-10 in Block 33 upon Plan Book 7,Page 14. Evidence of owners' title is recorded in Book 1696,Page 82 on file at the
Nantucket County Registry of Deeds.The Locus is zoned Limited Use General Three(LUG-3).
Voting McCarthy, O'Mara,Koseatac,Poor,Mondani
Alternates None
Recused Botticelli,Toole
Documentation File with associated plans,photos and required documentation
Representing None
Public None
Discussion(1:06) Staff-The attorney has requested to continue without opening this month.The ball is finally rolling on the Request for
Proposal(RFP);there are three properties;the deadline for RFP bid submissions is December 196.
Motion Motion to Continue to the next regularly scheduled meeting December 12. (made by: Koseatac) (seconded by:
Mondani)
Vote Carried 5-0
Page 1 of 4
ZBA Minutes for November 14,2019,ado ted Dec. 12
HT. NEW BUSINESS
1. 29-19 Timothy M.Stevens&Lea Stevens 45 Starbuck Road Williams
Applicant is seeking Special Permit relief pursuant to Zoning By-law Sections 139-30 and 1392 in order to install an in-ground residential
swimming pool. The proposal meets the criteria in Section 139-2.A. Locus is situated at 45 Starbuck Road, shown on Assessor's Map
59.3 as Parcel 50,as Lot 385 upon Land Court Plan 3092-25.Evidence of owner's title is registered on Certificate of Title No. 27439 at
the Nantucket County District of the Land Court.The site is zoned Village Residential(VR).
Voting McCarthy,Botticelli,Toole,O'Mara,Koseatac
Alternates Poor,Thayer, Mondani
Recused None
Documentation File with associated plans,photos and required documentation
Representing Linda Williams
Public None
Discussion(1:09) Williams —This is for a pool;it is before the ZBA per the by-law. It's at least 75 feet from the road. Contends this is
almost invisible.
Mondani—Setbacks aren't shown on the plan.
Toole—In the past we've asked for landscaping plans.Everyone should submit the same information.
Williams—This is beside a 100-foot,no-disturb zone to the pond;that is the existing landscaping.
McCarthy—We've also asked for lighting plans.We have concerns about the night sky and the noise. One reason there
was so much involvement on the two Madaket pool applications is they were the first to come through,and we showed
we would set and uphold standards;she thinks that is why no one is here for this.
O'Mara—There was a lot of consternation over the last two Madaket pools; agrees everyone should submit the same
information.
McCarthy—The screening we are talking about is around the fencing to the pool.Also wants to see a plan showing the
fencing and landscaping and lighting.
Botticelli—Reviewed restrictions for approval.The existing vegetation and pool equipment needs to be documented on
the landscape plan,and you need a lighting plan.
McCarthy—We will continue this for a revised landscape and other plana;all other decisions have that.
Motion Motion to Continue to the next regularly scheduled meeting December 12. (made by: Thayer) (seconded by:
Mondani)
Vote Carried 5-0
2. 30-19 Nantucket Housing Authority(OWNER)Miacomet Village 40B Habitat for Humanity Nantucket,Inc.,(APPLICANT)
Brescher
Modification of prior Comprehensive Permits: The Applicant, Habitat for Humanity Nantucket, Inc., seeks to modify
prior Comprehensive Permits,granted in accordance with M.G.L. Chapter 40B,pursuant to 760 CMR 56.05 to allow Lot
17,currently prohibited from having any dwellings,to contain dwellings and be further subdivided.Specifically,Habitat is
proposing to subdivide Lot 17 into three lots. Concept "Lot 1" will have no dwellings and will contain two existing
outbuildings. Concept"Lot 2"will contain either a single-family dwelling or a duplex,which will then be converted to a
condominium form of ownership and conveyed to two families. Concept "Lot 3" will contain a single-family dwelling.
Concept Lots 2 and 3 shall abide by the proposed Homeowner's Association Declaration of Restrictions. The property
will be permanently deed-restricted for the purpose of providing affordable year-round housing. As proposed, the
structures will otherwise conform to the intensity regulations of the R-10 zoning district. The Applicant is requesting
waivers from the Code of the Town of Nantucket and,to the extent necessary,relief from the Rules and Regulations of
the Nantucket Planning Board and the Subdivision Control Law,as provided in M.G.L.Chapter 40B.The file with a copy
of the complete list of requested waivers is available at the Zoning Board of Appeals office at 2 Fairgrounds Road
between the hours of 7:30 A.M. and 4:30 P.M.,Monday through Friday.Locus is situated within the Miacomet Village,a
40B subdivision approved and modified in Comprehensive Permit Decisions numbered 025-86,050-86,030-94, 110-93,
and 17-97.The above-referenced Lot 17 is shown on Plan File 44-Y.Evidence of owner'title is in Book 233,Page 26 on
file at the Nantucket County Registry of Deeds. The site is zoned Limited Use General 2(LUG-2).
Voting McCarthy,Botticelli,Toole, O'Mara,Koseatac
Alternates Poor,Thayer, Mondani
Recused None
Documentation File with associated plans,photos and required documentation
Representing John Brescher,Glidden&Glidden,P.C. for Habitat for Humanity(H4H)
Gerry Keneally,President H4H
Rich Hussey,H4H
Joe Grause,Ex-Officio H4H
Public Rene Ceeley,Executive Director Nantucket Housing Authority
Linda Williams,Nantucket Housing Authority
Page 2 of 4
ZBA Minutes for November 14,2019,adopted Dec. 12
Discussion(1:18) Breschet — This is for a substantial modification to the Comprehensive Permit for the Miacomet Village 40B on
Miacomet Road; explained the modification. This property is on Town water and sewer. Reviewed easements necessary
to access the dwellings.
Keneally — We have four families, two of whom have been waiting 2 years. We would be using the models built for
Sachems Path. Explained how the families are chosen. We want to get these dwellings on the Subsidized Housing
Inventory list as quickly as possible. Each house will have 3 parking spots as requested by the Housing Authority; the
duplex parking would be extended to allow 3 for each unit;all homes have a 2-car restriction with one spot for guests.
Toole—He wonders about the reasons for the restriction against a dwelling on the lot;someone thought that restriction
was a good idea.
Botticelli—Thinks the restriction might have been for green space.Her concern with density is having adequate parking.
Mondani—Wonders if this is the best use of that land;next door Sachems Path has 5,000 square foot(SF)lots.
McCarthy—It's been over 27 years,the Island needs have changed,and this is currently a big open lot.
Botticelli— She has no concerns but would like to understand the screening better. We need to see a more developed
plan.
Discussion about placing screening and vegetative buffers around the lots and still providing yard space.
O'Mara—There is an issue with parking on Miacomet Road;he thinks the parking should be expanded.
Williams—She was on the ZBA at the time this was permitted.The Native American burial ground next door provides a
lot of the screening around the proposed structures.Said at the time this restriction was placed,the Board anticipated the
need to expand in the future,so the lot was left alone;it was left there to wait and see what happened.
Ceeley—At our last board meeting,we spoke about density and maximizing the number of units;that's why we required
3 parking spaces per unit.We also need to maintain the large portion to the west;we use that as an access point.H4H is a
separate program and Housing Authority has no say if they overflow park on the roads; however, there will be a
homeowners association to monitor that.
Antonietti—Asked if the board wants her to reach out to other departments and boards for input on this project.
Botticelli—They should go to the departments and boards required.
Toole—It needs to be spelled out that none of the lots have frontage.
Mondani—We aren't just waiving a setback;but considering the environment,there is an overriding need for affordable
housing,so he's willing to allow this change.
McCarthy — We are considering this, but we aren't giving them carte blanche. Wants to poll the board about moving
forward with the 3-lot concept plan with a duplex and the single-family dwelling.
Antonietti—Asked which boards and departments she needs to contact:fire,police,sewer and water,and planning.
McCarthy— Hopefully we will have heard back from those boards and departments by our next meeting and they will
have provided a plan showing larger buffers and expanded parking.
Motion Motion to Continue to the next regularly scheduled meeting December 12. (made by: Botticelli) (seconded by:
O'Mara)
Vote Carried 5-0
IV. OTHER BUSINESS
I. 051-03 Rugged Scott a/k/a Beach Plum 40B Holland/Posner/Haverty
CONTINUED to December 12,2019
2. Discussion of policy and protocols with Zoning Administrator applications and decisions which are submitted to members individually
and separately for review within a specific time-frame in order to further clarify process.
Discussion(1:59) Antonietti—Years ago,there was a controversial application for which she issued a Zoning Administrator decision and
it ended up coming before the ZBA. As a result,the Board voted that she provide the Board with detailed information
on subsequent Zoning Administrator applications as well as the Decisions for their review. The Board review period
went from an initial 3 days to 7 days. She would like specification on whether the board wants the 7 days to include
weekends or be 7 workdays.Some people who come to her are in a hurry because of circumstances beyond their control;
she doesn't take extenuating circumstances for granted.Also needs to clarify the intent that if one single Board member
objects,the application goes before the Board.
Toole—Feels applicants should apply earlier.If one board member objects,it should come before the Board.
O'Mara—If a board member doesn't respond within a specified time,that constitutes consent.
McCarthy — Agrees with Mr. Toole. She sees 7 days as 7 business days. There's been a shift in vernacular where
applicants are referred to as customers;she doesn't view them as customers.This is a bureaucratic process and the Town
has a responsibility go through that process.
Toole—He doesn't accept the idea that"applying late"constitutes a need to hurry.He's okay with the 7 business days.
Koseatac—If he has an issue,he will respond within 24 hours;if Ms.Antonietti doesn't hear from him in that time,she
is to consider he has no objections.
Antonietti — People will come with applications that missed the deadline; she tries to get them on the next agenda.
Asked members if it would be acceptable for her to urge more rapid response if she so requests based upon extenuating
circumstances or deadlines for ZBA hearing dates.This would be rare.Noted she never guarantees things to applicants.
Final decision:7 business days,one objection sends it to the Board,no response constitutes no objection.
Page 3 of 4
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ZBA Minutes for November 14,2019,adopted Dec. 12
3. APPROVAL OF 2020 ZBA MEETING SCHEDULE All meetings will be scheduled for the 2nd Thursday of each month.
•January 9,2020:Botticelli—She won't be here.
•February 13,2020
•March 12,2020
•April 9,2020
•May 14,2020
•June 11,2020
•July 9,2020
•August 13,2020
•September 10,2020
•October 8,2020:McCarthy—This is the Thursday before Columbus Day weekend;a lot of people take off early;
•November 12,2020
•December 10,2020
Discussion(2:18) Discussion about whether to move the Jan 9 meeting or not.
Move October 8 to October 15th.
V. AD OURNMENT
Motion to Adjourn at 2:21 p.m. (made by:Botticelli) (seconded by:Mondani) Carried unanimously
Sources used during the meeting not found in the files or on the Town website:
1. None
Submitted by:
Terry L.Norton
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