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HomeMy WebLinkAbout2020-7-9 ZBA Minutes for July 9,2020,adopted Aug. 13 '� ZONING BOARD OF APPEALS i �;�; NAR. TUCr, " I 2 Fairgrounds Road TOWN CLER1 -e.") Nantucket,Massachusetts 02554 4`o :,,,, www.nantucket-ma. oar �.� A' °==` g 2020 AUG 21 an 9: 34 Commissioners:Susan McCarthy(Chair),Lisa Botticelli(Vice chair),Ed Toole(Clerk),Michael J.O'Mara,Kerim Koseatac Alternates:Mark Poor,Geoff Thayer,Jim Mondani — MINUTES — Thursday,July 9,2020-1:00 p.m. This meeting was held via remote participation using ZOOM and YouTube, Pursuant to Governor Baker's March 12, 2020 Order Regarding Open Meeting Law Called to order at 1:00 p.m.and announcements by Ms.McCarthy. Staff in attendance: Eleanor Antonietti,Zoning Administrator Attending Members: McCarthy,Botticelli,Koseatac,Poor,Thayer,Mondani Absent Members: Toole,O'Mara Early Departures: Botticelli, 1:50 p.m. Town Counsel: George Pucci,K&P Law Motion to Adopt the Agenda as amended. (made by:Botticelli) (seconded) Roll-call Vote Carried 5-0//McCarthy,Botticelli,Koseatac,Tha er,and Mondani-a e I. APPROVAL OF MINUTES 1. June 11,2020 Motion Motion to Approve.(made by:Thayer) (seconded) Roll-call Vote Carried 4-0//McCarthy,Botticelli,Thayer,and Koseatac-aye II. l) I I II:R BUSIN1:`" 1. 051-03 Rugged Scott a/k/a Beach Plum 40B Holland/Posner DISCUSSION of implementing policy in fulfillment of obligation to allow abutting property owners non-resident family membership privileges and access to the common amenities (Clubhouse/Pool/Lawn/Tennis Court Facility)in Beach Plum Village,as per provisions in Section 3.2(o)regarding Management Issues in the original Comprehensive Permit and Section 9 of the"Settlement Agreement". Voting Botticelli (acting chair),Koseatac,Thayer,Mondani,Poor Alternates None Recused McCarthy, O'Mara Documentation Beach Plum Village Comprehensive Permit,Settlement Agreement Developer Reps Josh Posner,Rugged Scott a/k/a Beach Plum 40B Paul Haverty,attorney Rugged Scott a/k/a Beach Plum 40B Marianne Hanley,Reade,Gullicksen,Hanley,&Gifford LLP,attorney Rugged Scott a/k/a Beach Plum 40B Other speakers James Timmins,attorney for Rugged Scott Owners Association Trust(HOA) Tucker Holland,5 Seikinnow Place Chris Young,12 Seikinnow Place Ruth Plandowski,10 Thistle Way Bob Schroeter,2 Beach Plum Road Allison Johnson,2 Fox Grape Lane Discussion(1:08) Holland–We came out of June meeting with the understanding the ZBA was comfortable with the good-faith agreement, with the exception of the limitation dictating when and for how long neighbors can sign up.Discussions continued,and we came to an agreement on that final point.We feel the Comprehensive Permit conditions have been met. Young–What Mr. Holland said is accurate.We understand homeowners were unaware of the condition and that is why they lobbied against us.The 2006 agreement between Rugged Scott and the neighbors said it should be instituted and if it had been at that time,that would have alleviated a lot of problems. Timmins –Regrettably since the last meeting, there has been no HOA involvement. He agrees and understands several members didn't want a time limit.But the HOA made clear they didn't participate in the drafting of the agreement. It was the intent of this arrangement was to mitigate the impact on the neighborhood;now it is being implemented after 30+people have paid millions of dollars to take title to properties within Beach Plum Village.The HOA and the homeowners are not happy about what's going on.There are folks who want the neighbors to have that benefit but there are also owners within the HOA who are upset about the fact they will be left to deal with all the capital items.Today,this type of provision,which Mr.Posner agreed to,would not pass muster.He wants to be clear that,as far as the residents are concerned,things are not concluded with this agreement. HOA grievances with the agreement include HOA members are being asked to do work they never agreed to.In the drafting of the agreement,no one asked for input from the homeowners,nor did any homeowner sign the agreement. There was a failure to engage interested parties. The existing trustees can resign at any time of their Page 1 of 4 ZBA Minutes for July 9,2020,adopted Aug. 13 choosing;no HOA member will step up to become a trustee due to the liability involved and being locked into issues they don't want to accept.The main issue of the homeowners is the management and responsibilities being thrust upon them and they strongly object to the agreement. Plandowski—Though she was unaware of the provisions under the Comprehensive Permit,she was aware of this plan;Mr. Posner told us he didn't want to implement the plan until completion of Beach Plum Village because he wanted the HOA to implement the plan.When this issue came forward,Mr.Posner did what he said he would not do and signed an agreement and implemented the program without the residents'input.Every year,offer letters are to be sent to all neighbors whether or not they have expressed interest in joining,a neighbor can take time off from the membership with a minimum payment. which is a program not available to residents. Schroeter—When we purchased our home,we were aware of the condition. Confirmed Ms. Plandowski's assessment of discussions with Mr.Posner.We have tried to be part of the process but were shunned by Mr.Posner.Mr.Holland said we have been part of the discussion,but that is not true;we have had no voice. Botticelli—Asked about the procedure on this should she have to leave before discussion concludes;it would leave only 4 voting members. Pucci—If Ms.Botticelli wants to take part in the vote,suggested wrapping up the discussion now and going to a vote. Posner—He has nothing new to add.He did say he wanted members of the Beach Plum Village community to be involved in the process.At their request,one resident was appointed as a trustee and took the lead in the discussion to come to this agreement.The trustees are selected in accordance with bylaws approved by the ZBA.He feels the agreement is viable;it is also telling how few neighbors are interested. There were trustees: Howard Edelman resigned leaving myself and Arthur Reade.He has written emails and had open ZOOM meetings with residents;most said they support the proposal Allison Johnson — the ZBA needs to hold the developer accountable, but he's not the one to follow through with the agreement.We want a seat at the table to feel good about the outcome. Plandowski—There has been no communication with homeowners since before the June ZBA meeting.It was a ZOOM meeting with many residents pleading against the agreement.After that call,we heard nothing until we learned the agreement was signed about 2 weeks before the June ZBA meeting. He met with them again after that meeting and that agreement is what is in the packet. Koseatac—This is frustrating for him;every month is the same thing with conflicting stories.He is not willing to sit as chair on this;asked for the vote to be taken while Ms.Botticelli is present. Thayer—Any agreement between the owners and developer should have been made a long time ago.He's happy with the agreement and is willing to vote. Mondani — He agrees with Mr. Thayer. There needs to be some education with the homeowners about how this was structured. Doesn't think we should go back to square one; stick to the language in the document.The homeowners have said they are going to breach the agreement. Pucci — I recommended a vote. If this had been handled the right way, it would have been implemented with the first building permit. Poor—Thinks this should go to a vote. Motion Motion to Approve the most recent agreement made between the Trustee Josh Posner and the non-residents. (made by:Thayer) (seconded) Roll-call Vote Carried 5-0//Koseatac,Mondani,Thayer,Poor,and Botticelli-aye 2. Election of Officers Motion to Hold the elections for the August meeting. (made by:Botticelli) (seconded) Carried McCarthy,Botticelli,Koseatac,Thayer,and Mondani-aye Ill. OLD BUSINESS 1. 051-03 David S.Gesner&Julie A.Gesner 6 Fox Grape Lane Brescher Action Deadline July 20, 2019 to determine and notify Applicant if requested modification is deemed substantial or insubstantial The Applicant seeks a determination that a proposed modification to the Comprehensive Permit,as amended,and the plans approved therewith, may be considered insubstantial pursuant to 760 CMR 56.05 (11)(a)(b),and as such,may be authorized by the Zoning Board of Appeals. The proposed modifications for which applicant seeks approval consist of siting and installation of a 23'x 9.6'private residential swimming pool and related hardscaping.The Locus is situated in the Beach Plum Village 40B,is known as 6 Fox Grape Lane,is shown on Assessor's Map 67 as Parcel 808,and as Lot 9 upon Plan No 2006-61. Evidence of owner's title is recorded in Book 1611,Page 116 on file at the Nantucket Registry of Deeds.The site is located in the Limited Use General Two(LUG-2)zone. Voting McCarthy,Koseatac,Poor,Thayer,Mondani Alternates None Recused None Documentation File with associated plans,photos and required documentation Representing John Brescher,Glidden and Glidden,P.C. Julie Gesner,owner Public None Discussion(1:52) Gesner—This is to get a pool in the backyard.Read an email dated July 8 to Ms.Antonietti into the record. Page 2 of 4 ZBA Minutes for July 9,2020,adopted Aug. 13 Brescher—We are going under an insubstantial modification to the Comprehensive Permit. We have Historic District • Commission(HDC)approval and approval from the HOA.The pool and all hardscaping will be outside the buffer zone. McCarthy—This is a 220 square-foot(SF)pool;asked how it compares to the spas shown in the context photos. Gesner—The spas are about half the size;this is the same width but twice as along. Brescher—Under the definition for a hot tub in the code, the surface area of a spa can't be more than 150 SF. This is about double that.We are waiting on the HDC COA number. McCarthy—Confirmed that the hardscaping is outside the 50-foot buffer of the habitat easement area;that should still be a condition with the approval. Mondani—Looking at the schematic,it appears the garage is over a setback line;asked what the red line represents. Brescher—The garage has been there since 2007;the site plan shows it 3.8'from the lot line. Antonietti—There was a technical clarification amendment of the Comprehensive Permit regarding the setback;Book 1142 Page 12: Clarification on Technical Corrections that occurred at a July 13,2017 ZBA duly-noticed meeting and was . issued to clarify setback issues in Condition 2.6 of the original Comprehensive Permit. It has an attached exhibit showing every lot footprint;the garage for Lot 9 is shown flush with the lot line.Regarding this proposal,she will prepare a memo detailing this decision addressed to the Town Clerk to put in the Rugged Scott file.The Memo will be signed by the Chair and be notarized. It will be placed in the building department file and emailed to the Building Commissioner and Zoning Enforcement Officer. McCarthy—Asked if any commissioner feels this is a substantial change and needs to go to a full hearing—no. Motion Motion that the Board finds this conforms with the buffer-restriction requirements and authorizes the Chair,Ms. McCarthy,to sign the memorandum memorializing this decision. (made by:Mondani) (seconded) Roll-call Vote Carried 5-0//McCarthy,Koseatac,Thayer,Mondani,and Poor-aye 2. 09-20 Timothy E.Quinlisk&Elizabeth A.Quinlisk 88 Quidnet Road Alger REQUEST TO CONTINUE to August 13,2020 Motion Motion to Continue to August 13,2020. (made by:Thayer) (seconded) Roll-call Vote Carried 5-0//McCarthy,Koseatac,Thayer,Poor,and Mondani-aye 3. 11-20 Peter J.Mackay&Alison Mackay and David P.Mackay&Anne M.Phaneuf,Tr.,Mackay/Phaneuf Family Trust REQUEST TO CONTINUE to August 13,2020 21 &25 Monohansett Road Alger Motion Motion to Continue to August 13,2020. (made by:Thayer)(seconded) Roll-call Vote Carried 5-0//McCarthy,Koseatac,Thayer,Poor,and Mondani-aye 4. 13-20 Rebecca M.Gilbreth 92 Hulbert Avenue Mulloy Applicant is requesting relief by Special Permit pursuant to Zoning By-law Sections 139-30,139-33.A(1),and 139-17.C(7)to renovate a light tower and place it on a reconstructed foundation in conformance with applicable building codes and FEMA regulations.The structure is pre-existing nonconforming as to height and front and side yard setbacks.The proposed height is roughly 35 feet,for an approximately 2 foot vertical expansion within the front and side yard setbacks without coming any closer to the lot lines.The Locus is situated at 92 Hulbert Avenue,is shown on Tax Assessor's Map 30 as Parcel 51,and upon Plan Book 8,Page 52. Evidence of owner's title is recorded in Book 448,Page 322 on file at the Nantucket Registry of Deeds.The site is zoned Residential One(R-1). Voting McCarthy,Koseatac,Poor,Thayer,Mondani Alternates None Recused None Documentation File with associated plans,photos and required documentation Representing Dan Mulloy,Site Design Engineering Public None Discussion McCarthy—Reviewed information being sought as a result of the prior hearing. Mulloy—We now have to raise the building 3.6 feet to get the 1st floor to meet the flood code. The lighthouses were moved to this property more than 100 years ago and are very historic;not looking for relief on the setbacks.There is no change to the structure;it is being lifted to go on a new foundation. Antonietti—I had asked Mr.Mulloy if I should re-notice this and did not hear back from him;it was noticed for a 2-foot vertical extension but now is going to 3.6 feet,which is not how it was noticed.Thinks it should be re-noticed and sent to Abutters again. McCarthy—It appears that is an issue.She's concerned that Mr.Toole,Mr.O'Mara,and'Ms.Botticelli aren't here. She'd prefer they sit on it and this be renoticed. Thayer—Asked how much higher than the minimum height for the 151 floor the 1st floor will be. Mulloy—Minimum is 3.4 feet but asking for two additional inches. Antonietti—This can be an amended Renotification; she will send the new notice to Mr. Mulloy to check for accuracy; she will then re-notice and resend to abutters. Motion Motion to Continue to August 13 and for an amended notice.(made by:Koseatac)(seconded) Roll-call Vote Carried t-0//McCarthy,Koseatac,Thayer,Poor,and Mondani-aye IV. NEW BUSINESS 1. 08-20 Nantucket Westmoor Farms,LLC (Appellant) 6&8 Old Westmoor Farm Road Swain REQUEST TO CONTINUE WITHOUT OPENING UNTIL AUGUST 13,2020 Page 3 of 4 ZBA Minutes for July 9,2020,adopted Aug. 13 V. AD OURNMENT Motion to Adjourn at 2:18 p.m.(made by:Poor) (seconded) Roll-call Vote Carried unanimously//McCarthy,Koseatac,Mondani,Thayer,and Poor-aye Sources used during the meeting not found in the files or on the Town website: 1. None Submitted by: Terry L.Norton Page 4 of 4