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HomeMy WebLinkAboutMay 13, 2021 ZBA Minutes for May 13,2021,adopted June 10 i ,�ttuc, ZONING BOARD OF APPEALS', ' y � `- ' s ��'1', 2 Fairgrounds Road ,� ti y ,' Nantucket, Massachusetts 02554 2021 jut, 1 I At' 10: C "ktiVRAW6` WWW.nantucket-ma.gov Commissioners: Susan McCarthy (Chair),Lisa Botticelli (Vice chair), Ed Poole(Clerk), Michael j. O'Mara, Kcrim Koscatac Alternates: Mark Poor,Geoff Thayer, Jim Mondani — MINUTES — Thursday, May 13, 2021 This meeting was held via remote participation using ZOOM and YouTube, Pursuant to Governor Baker's March 12, 2020 Order Regarding Open Meeting Lazy Called to order at 1:04 p.m. and announcements made by Ms.Botticelli Staff in attendance: Eleanor Antonietti,Zoning Administrator;Terry Norton,Town Minutes Taker :Attending Members: Botticelli, Toole, O'Mara, Poor, Thayer, Mondani :Absent: McCarthy, Koseatac I,ate .Arrivals: Toole, 1:44 p.m. 1?arly Departures: Botticelli,1:44 p.m. I. APPROVAL OF MINUTES 1. lebruary 11,2021 2. March 11,2021 \lotion Motion to Approve. (made by: O'Mara) (seconded) Rollcallvote Carried unanimously//O'Mara,Mondani,Thayer,Poor,and Botticelli-ave 3. :April 8,2021 Motion Tabled to June 10th meeting. Roll-call vote N/A II. OLD BUSINESS 1. 11-20 Peter J.Mackay&Alison Mackay and David P.Mackay&Anne M.Phaneuf,Tr.,Mackay/Phaneuf Family Trust Request to WITHDRAW WITHOUT PREJUDICE 21 &25 Monohansett Road Alger Voting Botticelli, O'Mara, Poor,Thayer, Mondani :Alternates None Recused None Documentation File with associated plans,photos and required documentation Representing Sarah Alger,Sarah F.Alger P.C. Public None Discussion None Motion Motion to Accept the Withdrawal without Prejudice. (made by: O'Mara) (seconded) Roll call vote Carried unanimously//O'Mara,Mondani,Thayer,Poor,and Botticelli-ave 2. 06-21 Jayne C.Debiasio&Brian F.Debiasio 39 Meadow View Drive Reade Request to CONTINUE TO JULY 8,2021 Voting Botticelli, Poor,Thayer, Mondani Alternates None Recused None Documentation File with associated plans,photos and required documentation Representing Arthur Reade,Reade,Gullicksen,Hanley,&Gifford LLP Public None Discussion None Motion Motion to Continue to July 8,2021. (made by:Mondani) (seconded) Roll call vote Carried 4-0//Mondani,Thayer,Poor,and Botticelli-aye Page 1 of 3 GBA Minutes for May 13,2021,adopted June 10 I 05 21 1113\V'(,LLC 4 Lincoln Avenue Beaude•-e Applicant is requesting relief by Special Permit pursuant to Zoning By-law Section 139-33.--\ to allow for the extension. altern-n,-:. change of a dwelling which is pre-existing nonconforming as to height. In the alternative and to the extent necessar,_-applicant relict by Variance pursuant to Section 139-32. Specifically, Applicant proposes to construct an addition to the dwelling win. a _ dgt - height extending from the pre existing nonconforming ridge height.As a result of the project as proposed,the height nonconformip decrease slightly. The Locus is situated at 4 Lincoln Avenue,is shown on Assessor's Map 30 as Parcel 151, as 1,ot 1 upon Lang Plan 33167 B. Evidence of owner's title is registered on Certificate of Title No. 2-9C.6 with the Nantucket County District of -tee ourt. The site is zoned Residential One (R-1). Voting 'Poole (acting chair), Poor, 'Thayer, Mondani Alternates N one Recused hotticelli, O'Mara I)ocuntentation Pile with associated plans,photos and required documentation Representing Richard Beaudette,Vaughn,Dale,Hunter,Beaudette,and Swain P.C., Public None I)iscussion (1:46) Beaudette-This was held so we could get the Historic District Commission "HDC, approval; that has been into the packet.Reviewed the request. Antonietti-The I IDC approval is in the packet on pages 29-36. Mondani-Regarding the site plan,asked that the distance of the rear studio from the lot line be shown on the Beaudette-It is a future structure,but the distance can be added to the plan. Antonietti-This isn't a complete demolition of the structure. Toole-Occasionally, the project will creep up in height.There should be certification that the height will be no than as noted on the NDC approval. Antonietti-It can be conditioned that to get the Certificate of Occupancy,the height must be certified. Beaudette-A little fill will be added to level out where the grade drops resulting in a 32'1-3" ridge height from Antonietti-On pages 31 & 32,the elevations show the existing grade and proposed grace. Thayer-The ridge height must stay the same as approved by the HDC. Antonietti-A neighbor sent an email after the last hearing; she responded and has not heard back.Asked if there be a construction moratorium on this;you would normally do that in RI. Motion Motion to Approve the relief as requested with no exterior construction between Memorial Day and Labor Day and with the provision that before issuance of the Certificate of Occupancy, the ridge height be certified as no higher than as approved by the HDC. (made by:Thayer) (seconded; Roll call vote Carried 4-0//Thayer,Mondani,Poor,and Toole-aye III. NEW BUSINESS 1. 09 21 Shannah Green 49 Fairgrounds Road Alger .Applicant requests amendment of previously granted Special Permit relief, recently amended by the Planning Beard to permit a secondary residential lot, to allow use of a seasonally covered deck for outdoor classes. Specifically;.Applicant seeks to modif. e and its conditions to: 7) permit classes to be conducted outside to allow for appropriate social distancing during the pande. . substitute an updated Site Plan as new "Exhibit_-A." The Locus is situated at 49 Fairgrounds Road, is shown on Tax Parcel 306, and Lots 56 and 57 upon Land Court Plans 34507-H and 3-150--I. Evidence of owner's title is registered as Cernfica-t _._ No. 16996 in the Nantucket County District of the Land Court. The site is zoned Residential 10 B-10,. Voting Botticelli, O'Mara, Poor, Thayer, Mondani Alternates None Recused None I)(icunteutation file with associated plans,photos and required documentation Representing Sarah Alger,Sarah F.Alger P.C. Shannah Green,applicant Public Robert Bates,abutter I)iscussion (1:13) Alger- Explained the reasons for the request for a seasonally covered deck. ''ls. Green is adhering to all the restrictions for her Yoga classes. One abutter has a concern; she thinks most of those can be addressed. Doe-n.- anything planned will be any more of a nuisance to the neighborhood than mowers or conversations. The approved secondary lot will not impact this request. She is currently allowed to have indoor classes only. O'Mara-Noticed the "seasonal";asked the proposed dates. Green-She will open about June 20:''and will close around Columbus Day or before. Thayer-Asked if the classes would be moved to inside when it is allowed. Green - Over the winter, classes will go back inside. She'd love to keep the deck but if that is problematic, remove it once COVID restrictions are lifted;right now,it's the only way she can run her t usiness. Thayer-Asked if she has a building permit for the deck. Green-Last March,she was told by someone in the Building Department that a building permit wasn't neces"ar. cr.ce :- is a temporary structure. Page 2 of 3 ZBA Minutes for May 13,2021,adopted June 10 Thayer—If it is a temporary structure and there is no building permit, once you can go back to full interior occupancy, you have to move back inside.To continue using the deck,you would have to get another permit. Alger—That would be the next step. Botticelli—Regarding the parking,asked if interior and deck would be used simultaneously. Alger—No,they are limited to 15 students at a time by the Special Permit.We aren't asking for any change on that. Mondani—Asked for confirmation that this amendment is not impacted by the Planning Board A&R decision. Alger — No; the Planning Board has jurisdiction over the secondary lot. The underlying special permit allowing the secondary lot is something ZBA has jurisdiction over. This request is to allow classes to be held outside on the deck instead of inside. Botticelli—The original 2000 Special Permit is on Page 55 of the packet;it specifies 15 students. Antonietti—Also, there is an assumption that no recreational and exercise activities would be taking place exterior to a structure dedicated to that purpose. Discussion about how this request differs from indoor/outdoor dining for a restaurant. Alger—With a neighbor having a concern,it seems prudent to get the outdoor classes permitted rather than .Is. Green getting a zoning violation. Bates—He and his neighbors' concern is the advertising pushing healing arts,which includes "sound baths" on the deck; sound baths include percussion and voice sounds. Last summer,he could hear the music. We don't know if the deck was built for commercial use;there is no safety plan;and he doesn't think the deck is large enough to allow social distancing. Botticelli—Where is the noise addressed in the prior permit. Alger—It's in the 2000 original permit, "No music will be played that can be heard beyond the lot line of the premises." The music is not amplified. Green—The sound bath might be a one-time event. The music for the yoga class is meditative and much less impactful than grilling,lawn mowers,parties,and children.Feels the noise concern is ludicrous. Thayer—He would allow this until we go back to full occupancy;then the operation should move back inside. Mondani—Agrees. Noted that the permit says, "music coming from inside the studio." Noise is noise, and everyone has a different tolerance. I Ie's willing to allow it until restrictions are lifted. Antonietti—Could re-review it after COVID restrictions are lifted.The Planning Board will often revisit a Special Permit a year after it is issued to ensure compliance and that abutters have no concerns about the impact of what is permitted. Green—'Ihe other two neighbors, the Hortons and St. Peters and are her closest neighbors, are supportive of using the deck this season and for the long term with the placement of screening. She will take the approval for this season then seek permanent approval later. She has a tarp for the purpose of shading and rain. Discussion on the motion Thayer — If COVID restrictions go beyond October 15, 2021, he would like to see them come back with a more permanent plan \lotion Motion to Approve the request until such time as COVID restrictions require the owner to move the operation inside or October 15th,whichever is earlier. (made by:Mondani) (seconded) Roll call vote Carried unanimously//Mondani,Thayer,O'Mara,Poor,and Botticelli-aye IV. OTHER BUSINESS I. .Antonietti—Announced she is leaving this position on June lit". V. ADJOURNMENT Motion Motion to Approve.1:58 p.m. (made by: Mondani) (seconded) Roll call vote Carried unanimously//Thayer,Toole,O'Mara,Mondani,and Poor-aye Sources used during the meeting not found in the files or on the Town website: 1. Draft minutes February 11,March 11,and April 8,2021 Submitted by: Terry I..Norton Page 3 of 3