HomeMy WebLinkAbout2020-12-12 ZBA Minutes for December 12,2019,adopted Feb. 13,2020
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Commissioners: Susan McCarthy (Chair),Lisa Botticelli (Vice chair),Ed Took (Clerk),Michael I. ('Mara,Kerim Koseatac
Alternates: Mark Poor,Geoff Thayer,Jim Mondani
— MINUTES —
Thursday,December 12,2019
Public Safety Facility,4 Fairgrounds Road,Community Room—1:00 p.m.
Called to order at 1:04 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
Late Arrivals: Botticelli, 1:05 p.m.
.\ enda adopted as amended by unanimous consent
I. APPROVAL OF MINUTES
1. November 14,2019: Motion to Approve. (made by:Toole) (seconded by:Thayer) Carried unanimously
II. OLD BUSINESS
1. 76-11 Sachems Path Nantucket,LLC Sachems Path 40B
Vote to release remaining funds in Escrow account subsequent to payment of all outstanding invoices.
Voting McCarthy, Botticelli,Toole, O'Mara, Koseatac
.Alternates Poor, Thayer, Mondani
Recused None
Documentation File with associated plans,photos and required documentation
Representing None
Public None
Discussion McCarthy—Ed Pesce recommends releasing the funds upon payment of his final bill.
Motion Motion to Approve the release of the escrow upon payment of the final bill submitted by the Town Engineering
Consultant, Ed Pesce. (made by:Toole) (seconded by: O'Mara)
Vote Carried 5-0
2. 18-19 Peter L O'Brien and Natalia V. O'Brien 36 Low Beach Road Cohen
Request to continue to January 9,2020
Voting McCarthy, O'Mara, Koseatac, Thayer,Mondani
Alternates Poor
Recused Botticelli,Toole
Documentation File with associated plans,photos and required documentation
Representing None
Public None
Discussion McCarthy—A continuance has been requested
Motion Motion to Continue to January 9,2020. (made by:Thayer) (seconded by: Koseatac)
Vote Carried 5-0
Motion Motion to Extend the action deadline to January 14,2020 (made by:Thayer) (seconded by: Koseatac)
Vote Carried 5-0
3. 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 139-2 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
Tide No. 2''439 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
Jessie Dutra,Dutra Designs,Inc.
Public None
Page 1 of 5
ZBA Minutes for December 12,2019,adopted Feb. 13,2020
Discussion(1:0)O Williams — Her client reviewed the standard conditions and has no concerns with them being applied. In this parnc.i,r
case,the pool is virtually invisible.There is no proposed landscape lighting,just lighting within the pool.
McCarthy — There should be language in the approval that the only lighting is in the pool. We might want more
screening of the pool.
Dutra—Little of the natural vegetation is changing.Anything on the pond side is in the no-disturb zone.
Williams — You can't see the pool because of the topography.and building, so she feels there is no need for extra
screening. Ms. _Antonietti gave us the list of conditions;we meet all the conditions.
Botticelli — Doesn't think the visibility of the fence is an issue. What would be helpful is to have detailed landscaping
more clearly shown on a plan.
McCarthy — \Ve need the plan to be labeled with the plants to clarify the plans. Visibility isn't the issue for ; s;'ecial
permit;we just need the details presented in a more professional manner. The other pools approved under Spec Perri'
had specific information about plants,screening,and lighting;we need that to be consistent.
Dutra—lie hasn't yet worked out the specific plants to be used with the property owner.
Williams —The other two pools the ZBA approved in Madaket were contentious because they were much more •.:s:r.;e
and with a larger impact on the neighbors. Historic District Commission (HDC approved the pool based upon lack
of
visibility.
McCarthy — They were contentious because they were the first pool special permits; we have since de•:coned
requirements and protocol. Visibility is the concern of the HDC, not the ZBA. We need the planting plan. Lighting
schedule,and pool equipment.
Botticelli—Suggested Bracken add notes to his survey plan indicating the no-disturb line. The plan should be clean.
McCarthy—You keep saying you aren't adding plants,but you are.
Discussion about whether or not to approve this with conditions requiring additional information on the site plans.
Motion Motion to Grant the Special Permit with all the conditions imposed in previously approved pool Special Permits
included in the decision and with submission of a more detailed site plan. 'made by: Toole seconded
Botticelli)
Vote (tarried 5-0
4. 30 1`) Nantucket Housing Authority (OWNER) Habitat for Humanity Nantucket,Inc. _APPLICANT
'ihacomet Village 40B Brescher
The .Applicant, I labitat for Humanity Nantucket,Inc., seeks to modify prior Comprehensive Permits,granted in accordance with M.Cia.L
Chapter 4013, 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 -.;-
ll
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 Lot,
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 'o
intensity regulations of the R-10 zoning district. The Applicant is requesting waivers from the Code of the Town of Nantucker and.
the extent necessary, relief from the Rules and Regulations of the Nantucket Planning Board and the Subdivision Control =_a'.y.
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 AIiacomet Village, a 40B subdivision approved and modified in Comprehensive Permit Decisions numbered 025-t 6.
110-03, and 17-97. The above-referenced Lot 17 is shown on Plan File 41-V. Evidence of owner' title is in Book 233, Page 2(.., on feat
the Nantucket County Registry of Deeds. The site is zoned Limited Use General 2 'Lt G-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
Gem Keneally,President Habitat for Humanity
Public None
Discussion (1 28) Brescher— Reviewed the request. Have submitted a revised concept site plan showing the parking for each unit; and
clarification of requested waivers. Nantucket Housing Authority (NHA and Housing Nantucket have provided levers
supporting the request.
Keneally —Reviewed the parking provided; have approval from police, fire, water, & sewer. The Fire Department asked
for a fire hydrant; there is a fire lane in front of the house. There is a duplex and on single-family dwelling. Will be going
to IIDC.
Toole—Asked what the minimum required greenspace is;he can't remember if there was a number in mind.
Antonietti — There is no provision in the Zoning By-law requiring a minimum percentage of greenspace for resident:al
lots.
Discussion about the transformation of greenspace/open space within a dense development into building lots.
McCarthy—\\e weren't prepared to vote not knowing if other departments had issues.
Page 2 of 5
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ZBA Minutes for December 12,2019,adopted Feb. 13,2020
Botticelli—The biggest issue with no frontage is access.
Keneally—We went from 5 feet to 15 feet for an undisturbed buffer zone.
McCarthy—We can add"undisturbed"to the language.We've heard back from the other departments and the applicant
provided the information we requested. She would want Lot 1 to remain undeveloped.
Motion Motion to Approve the application as requested to modify the Comprehensive Permit to allow Lot 17 to be
divided into 3 lots; Lot 1 to have no dwellings on it; Lots 2 &3 to have one single-family dwelling and one
duplex and plan updated to show undisturbed buffer and no-parking fire lanes and the encroaching shed on
Lot 2 to be moved out of the setback. (made by:Koseatac) (seconded by: O'Mara)
Vote Carried 4-1//Toole opposed
III. NEW BUSINESS
1. 31-19 Trustees of the Union Lodge,Free&Accepted Masons 30 Main Street Cohen
Applicant seeks relief by Special Permit pursuant to Zoning By-law Section 139-33.A to remove and reconstruct a portion of the pre-
existing nonconforming structure within the rear yard setback and in excess of the permitted '5°o ground cover ratio. Specifically,
Applicant proposes to demolish and reconstruct a rear portion of the existing structure to allow for needed improvements to the
foundation with the ability to retain the pre-existing nonconforming ground cover of 3,3-0 SF and with no change to the pre-existing
nonconforming rear setback distance. Locus is situated at 30 Main Street, shown on Assessor's Map 42.3.1 as Parcel 213, as Lot 6 upon
Land Court Plan 13467-D and unregistered abutting parcel to the north. Evidence of owner's tide is registered on Certificate of Title No.
7327 at the Nantucket County District of the Land Court and in Book 102,Page 56' on file at the Nantucket County Registry of Deeds.
The site is zoned Commercial Downtown (CDT).
Voting Botticelli (acting chair),Toole, Koseatac, Poor, Mondani
.Alternates None
Recused McCarthy, O'Mara,Thayer,
Documentation File with associated plans,photos and required documentation
Representing Jay Maroney
Scott Andersen,contractor
Public None
Discussion (t56) Maroney—Presented the request.
Botticelli—The plan isn't clear as to what is being demolished and rebuilt.
Maroney — Clarified that the scope is to demolish/rebuild the wood ell-shaped porch, demolish chimneys, and
underground structural work to the foundation.
Toole—It would help to have the construction plans from which the work is going be done. The information submitted
to date is not clear;this is too big to do through staff.
Botticelli — We also need the construction protocol that protects the neighbors from work being done on the lot line.
Agrees that this is too big to do through the staff.
No concerns with the project concept.
Motion to Continue to the end of the meeting and be reopened. (made by: Mondani) (seconded by: Koseatac; Carned
unanimously
Reopened at 2:36 p.m.
Andersen—If we removed the structure without the special permit,we would lose the groundcover. We need to take the
wart out to access the basement.NIR has plans and knows the full scope of work and did survey work.
Toole—All that information needs to be part of our record.
Andersen—There is high-water issue,but we want to go down feet. Presented the plan at the table. Work is at least 8
feet from NIR's building.
Review of the construction plans.
Botticelli—As part of the approval,we should get a reduced set of the plans.
Antonietti—Everything that the Board sees and bases its decision must become part of the record. He can deliver a full-
sized copy of the architectural plans.
Discussion of construction moratorium conditions: 7 a.m.-4 p.m.,Monday through Friday,no external work on weekends
and between Friday Memorial Day weekend and Labor Day,construction parking not to block streets.
Toole—Asked about their plan concerning the water.
Andersen — over the past couple of months, he hasn't seen water and thinks the basement can he excavated down to 8
feet without issues.
Mondani— He feels very confused because the information isn't there. He'll support this if the other members do. He's
comfortable with the interior basement work.
Toole — He agrees with Mr. Mondani. However, the applicant has done the work and has the information. The more
information we get from the beginning, the faster a decision can be made. Normally, we would tell them to come hack
next month with all the information.
Antonietti—In previous cases,there have been one or more abutters with concerns.That wasn't the case here.
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ZBA Minutes for December 12,2019,adopted Feb. 13.2020
Motion Motion to Approve the application as requested with the standard construction protocols, conditions, and
moratorium, as discussed, in effect and Applicant will submit all documents and materials requested to be
submitted into the file (Engineer report, Abutter assent to project, Town street closing permit, detailed
foundation plan that clearly shows part of building to be demolished and rebuilt). 'made by: Koseatac seconded
by: Botticelli)
Vote Carried 5-0
2. 32 19 Patrick S.Keating 49 Red Barn Road Care-:
The .Applicant seeks relief by Variance pursuant to Zoning By-law Section 139-32 for a waiver from the front and side yard setback
provisions in Section 139-16..A. Specifically,Applicant proposes to move an existing dwelling to a location in the northeast corner of the
lot,roughly 5' from the front and side yard lot lines,in order to retreat from the severely eroding coastal bank which places the stnlcture
in its current location in imminent danger. Locus is situated at 49 Red Barn Road, shown on Assessor's Map 63 as Parcel 15, and as Lot
3 upon Land Court Plan 35141-B. Evidence of owner's title is registered on Certificate of Title No. 26-66 at the Nantucket Counr.-
District of the Land Court. The site is zoned Limited Use General Two (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 Linda Williams
Public None
Discussion (2415) Williams — This is surrounded by conservation land and water so when it moves to the zero setback_ there is not.r_z
near it to be impacted. An emergency move has been issued to pull it off the edge and it has been disconnected from al
utilities.
Botticelli—We could approve per the submitted plan which indicates setback 5 feet.
Williams—This move would give it 5 or 6 more years of use.
O'Mara—Access to parking is through where the house is going. The new access needs to be on the plan.
Motion Motion to Grant the variance as requested. (made by:Toole) (seconded bv: O'Mara
Vote Carried unanimously
3. 33-19 John B. Brescher,Trustee,3 Pond Road Nominee Trust 3 Pond Road Brescher
.\pplicant is seeking modification of prior Variance relief and,to the extent necessary,Variance relief pursuant to Zoning By-law Section
139-32 for a waiver from the front yard setback provision in Section 139-16.A in order to allow second-floor dormers on the second
dwelling structure as close as 26.1' from the front yard lot line. The subject structure is sited as close as 12.9' from the front yard lot' ,e
where minimum front yard setback is 30'. No change in footprint is proposed. The Locus is situated at 3 Pond Road. is shown on
Assessor's Map 56 as Parcel 151.1, and as Lot 132 upon Land Court Plan 14830--. Evidence of owner's tide is registered on Ce^.ncate
of Title No. 26211 at the Nantucket County District of the Land Court. The site is zoned Residential 29 R-20 .
Voting McCarthy, Botticelli, Toole, O'Mara, Koseatac
.Alternates Poor, Thayer, Mondani
Rccuscd None
Documentation File with associated plans,photos and required documentation
Representing John Brescher
Public None
Discussion (2_t3) Brescher—The garage is 12.9 feet from the front yard lot line and became non-compliant when the lot was subdivided.
Botticelli—The building is already over the setback but there is a lot of vegetation. The owner probably didn-t realize he
dormers would be tagged.
Motion Motion to Modify the existing variance as requested. (made by: Botticelli; "seconded b.: Took
Vote Carried 5-0
4. 34-19 Daniel L.Lawson& Michael J. Gnojewski 26 Appleton Road \Weinman
.At the time the relief was granted, the proposed 1',496 sq. ft. lot was undersized for the R-2i zoning district in which it was smiated
\\lien the zoning was changed to R-5,the lot became conforming in all respects,rendering the need for relief obsolete. Locus is sir ated
at 26 .Appleton Road .Avenue,is shown on Assessor's Map 66 as Parcel 30, and as Lot 30A upon Plan No. 2006-13. Evidence of owner's
title is recorded in Book 1313,Page 36 on file at the Nantucket County Registry of Deeds. The site is zoned Residential Five R-5
Voting McCarthy, Botticelli, Toole, O'Mara, Koseatac
\]ternatcs Poor, Thayer, Mondani
Rccuscd None
Documentation bile with associated plans,photos and required documentation
Representing None
Public Bryan Swain,attorney for the buyer
Page 4 of 5
ZBA Minutes for December 12,2019,adopted Feb. 13,2020
Discussion (2:21) Swain—Rhoda Weinman is the attorney for the owner.The sale is contingent upon the approval of this request.
Antonietti — Provided the background on the request for removal of restrictions. The lot has been further subdivided
since 2004. The need for the initial relief has been rendered obsolete by virtue of Annual Town Meeting !_AT\f; approval
to change zoning district
McCarthy—Asked if the removal of the variance would apply to all the lots.
Antonietti—Yes, unless you make it a part of the approval that is exclusive to Lot 30_A. The decision will be sent to the
abutters and referenced against the previous decision. If the abutters who own the other affected lots want to build a
second dwelling, they would have to come before the ZBA to remove the restriction and/or vacate the Variance relative
to their lots.
Motion Motion to Grant relief as requested to rescind and vacate prior Variance relief relative to 26 Appleton shown as
Lot 30A on Plan 2006-13. (made by:Toole) (seconded by:Botticelli)
Vote Carried 5-0
IV. OTHER BUSINESS
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 McCarthy, Botticelli, Toole, O'Mara, Koseatac
.Alternates Poor, Thayer, Mondani
Discussion (3:(5) Antonietti—No new information has been submitted.This is continued.
2. Proposed Warrant Articles—2020 Annual Town Meeting timeline. For information only
Antonietti — She will notify the members when the Planning Board is holding the hearing on this; she just needs to know if three or
more are attending that meeting so she can post it as a ZBA meeting. The warrant will be published January 2, 2020; so any projects
impacted by proposed changes would have to come to the ZBA.
V. ADJOURNMENT
Motion to Adjourn at 3:16 p.m. (made by: -Mondani) (seconded by:Koseatac) Carried unanimously
Sources used during the meeting not found in the files:
1. Updated 2020 Annual Town Meeting Timeline Endorsed 06/05/2019
Submitted by:
Terry L. Norton
Page 5 of 5