HomeMy WebLinkAboutNovember 10,2022+ Proposed ZBA Minutes for November 10,2022
F d Fl 4t l,i +M 43'lei?n.l
pN7UC/�- It �� 'p� x t
Boa- Frye ZONING BOARD OF APPEALS
rr3► � ,
s�� - �\ 2 Fairgrounds Road fk# ,
= - ,►, -2E 2 DEC 16 Pry 1
5 y : •�i Nantucket,Massachusetts 02554
&0 ��N,C�O�,
\\9paAAt��/` www.nantucket-ma.gov
Commissioners:Susan McCarthy(Chair),Lisa Botticelli(Vice chair),Elisa Allen(Clerk),Michael J. O'Mara
Alternates:Mark Poor,Geoff Thayer,Jim Mondani
~^-' MINUTES —
Thursday,November 10,2022
Public Safety Facility,4 Fairgrounds Road,Community Room _}.00 p.m.
This meeting was held via remote participation using ZOOM and YouTube.
Called to order at 1:05 pm and announcements made by Ms.McCarthy
Staff in attendance: Leslie Snell, Deputy Director of Planning; Nicky Sheriff, strattve Specialist; Terry i1 lorton, Town
Minutes Taker \� `
Attending Members: McCarthy,Botticelli, O'Mara,Allen,Mondani '
Absent: Poor,Thayer
Agenda adopted by unanimous consent
Motion . Motion to Approve. (made by:Botticelli) (seconded)
Vote ' Carried unanimously' '
I. APPROVAL OF MINUTES
1. October 13,2022 `.
McCarthy—Typo on Item 12-22 O'Mara said"they"verso"s"the"
•
Motion Motion to Approve as amended. (mad by:Botticelli) (seconded),
Vote Carried unanimously .
II. OLD BUSINESS
1. 09-22 Harris on.Weweeder,LLC 50 Weweeder Avenue Brescher
CONTINUED to December 8,2022 .
Voting McCarthy,Botticelli, O'Mara;Allen,Mondani.
Discussion Not opened at this time.
Motion Motion to Allo onti u nce. (made by:Botticelli) (seconded)
Vote Carried unanimously \
III. NEW BUSINESS
1. 37-21 'Kristina.&Nicholas Amendolare.'\\ v. 8 Bank Street . Williams
Applicants 'are seeking a Special,Permit pursuant to_Nantucket Zoning Bylaw Sections 139-30 and 139-33A in order to' make
renovations,includigaddition, o a single-family dwelling that is pre-existing non-conforming to the setbacks.Locus is situated at 8
Bank Street,$hown ones essor's\Ma and Parcel 69. Evidence of owner's title is recorded in Book 17.70, Page 216 on file at the
Nantucket County Registrylof Deeds. ifeiss zoned Sconset Old Historic(SOH).
Voting McCarthy;Bot ceO'Mara,Allen,Mondani
Alternates ` one
Rec ry--. \ N ine
Documentation Fil1e with associated'plans,photos and required documentation
Representing eI inda William .
Michael Wilson Esq.
.Angus MacLeod,Architect
yffBlaawell,Blackwell&Associates
Kristina Amendolare,owner
Wayne McArdle,engineer
Public Jeff and Ann Ramsey Gardner,9 Broadway
Jon Fitch,for the Gardners at 9 Broadway
Jesse Richins&Walter Kaeck,MRC Engineering
Sarah Alger,Sarah F.Alger P.0 11 Broadway
Kathy Arvay,11 Front Street .
Lyn Filipski,President`Sconset Civic Association
Margret Van Deusen,7 Front.Street
Pamela Suan,2 Broadway
Lisa Soeder 13 Broadway
Page 1 of 5
Proposed ZBA Minutes for November 10,2022
Anne Maletta,15 Broadway
Kitt Murphy,Sconse Civic Association&`Sconset Trust
Discussion Williams—We are lifting this onto a new foundation,but we are not expanding the footprint.
Wilson—The zone requires a 5' setback; this has 3.5'. Asked that the 12 square feet (sf) intrusion going up 12" is a de
minimis impact on the neighborhood.
Allen—Asked how deep they are going for the foundation.
MacLeod—It's a full basement with 8' clear ceiling height. The 1st floor elevation is at 18 with a mud wall at grade. It'll
be about 10'4"to the bottom of the footings.
A.Gardner—The report says excavation is going down 17'.
MacLeod—The lot topography slopes up to the bank. His measurement is at the middle of the structure.The high part
of the lot is about 4'higher.
Blackwell — The topographical survey provides existing threshold elevation o'-19.7depth below the existing
threshold will demonstrate the final depth of the footings.
Discussion about the existing grade and the final grade.
4
Mondani—Asked if the roof plain weren't going up,would we be having this discussion.
Wilson—No.This isn't an expansion going up,it's an alteration;the If figuration'17 the same th no visual impact.
Amendolare—We purchased the home in 2020;we're looking to a fl a bedroom a only way to go is down.
McArdle — They want a full basement; the site will be shored' th a steel\s,horing sy eni he plant list has been
submitted.The soldier piling system will be installed using vibration-We'veylopo,ked p�e-construction surveys for all the
neighbors.We will perform vibration monitoring during:ifistallation ai aaGeotech monito g program. Someone from
our office will monitor the site in real time;and we will(hava 2seismograpJi ,installed and`will be monitored at all times.
Allen—Asked how long the process will take until to Rut in the pilings,ret g walls and backfilling and pouring the
foundation until they get to grade,and they can put a deckyon the f&mdation a
generalp j pp oved. oscana has done an analysis of the site,
Wilson—The contractor can't be put out until the ro ecf`is'a.�
but no one has been hired to do the work.f
Mondani Confirmed similar work with similar monitoring has been pe�tted.
McArdle — Listed projects with such close proximity to\prgpelinei;that he has worked on. We are proposing to
explore the retaining wall along Middle Gully Road:how deep\it's bearing,and how to protect it.Regarding monitoring,
if we hit a threshold number,wo li st p\
Wilson—Explained the liability of�ntractor should the re wining wall start to fail.
Discussion about who's r(ssppo i ble for the habili suurrancefa�rid its pertinence to the ZBA decision.
Wilson—Asked if the conce",o Board member fs`-tliat--the excavation or vibrations could cause subsidence of the soil
and collapse of the wall.
Allen—Her co errn isitlle process in,which these piles will be vibrated into place and how those vibrations will radiate
out and affect the surrounding p opertie
Wilson—Reviewed the momto g that be``'in place.Explained how the soil will be affected by the vibration.
O'Mara—Ov the last few months,hs, thereeen a lot of discussion about the vulnerability of Middle Gully Road and
maintaining the\rod's integrity.We never got an answer in terms of protecting the road.
Wilson We willave seismic monitoring points above and below the road.
Bo eli'1 ed Ask `the process shou�d something happen.
`v. d
le. ,
xdle i.Work would4sYop„Yuaitt�a plan is put in place to address the problem;the roadway and wall can take quite a bit
, of"'movement:�The vibratory hammer is a Zero-Moment Hammer;it cancels out harmful startup/shut down vibrations.
e vibrafions`would•-be.,a erious issue if we were working with stones or other blockages;we are talking about sand and
the piles will go in itlit ia couple of days.
1V� Carthy\ Th�e�r..e„are a lot of people who are concerned about what will happen to their homes and the impact on
emergency acces /
McArdle—If there is any damage to the wall,work will stop,and repairs made.
.,Q'Mara—Asked if it would be a good idea for the Town's engineer to inspect the work at the cost of the owner.
Snell— e can't recall a situation where the Town took that action.The Department of Public Works (DPW)would take
step To protect the road.
McCarthy—On the plan in the back triangle toward Beach Street,asked if the retaining to be removed will be replaced.
McArdle—That wall will not have to be replaced;the foundation will be in its place.
Open to public comment
Fitch — Referenced a letter opposing the request for special permit due to the significant risks the demolition of the
structure will pose to the area.This is not about just 12sf;it's about the demolition of the structure.Asked for a denial of
the request.
Wilson—This is not a demolition;it's an Historic District Commission(HDC)approved renovation project.
A. Gardner — There has been significant contributions from neighbors, geo-technical engineers, `Sconset Civic
Association, and others;reviewed those concerns. Insurance would only protect the Amendolare's;it would not protect
the abutting homes should damage occur.
Page 2 of 5
Proposed ZBA Minutes for November 10,2022
J. Gardner-Feels the potential risks are too great for a "trust-us" attitude. Little information has been made available.
According to 1971 historic landmark data, this property is one of only 1000 remaining historic homes; abutting historic
homes are fragile.Without adequate information,we and other abutters ask that the request be denied.
Richins - MRC's primary concern is ensuring the design protects and stabilizes the wall. The cantilevered wall will
deflect and cause some movement at the top of the slope,which is steep.All borings indicate loose soil. Zero-moment
hammers can work,however,that's with modern construction and the adjacent walls are old and brittle.No borings were
done up the hill, so we don't know if there are obstructions in the hill. Details of construction, sequencing,and erosion
protection are necessary;we don't have those details.Vibration limits are appropriate for modern, engineered walls,not
old brittle walls.There.should be an agreement plan in place in the event there is damage.
Alger-We're very concerned about the safety of our property;we echo the concerns of the Gardners and their engineer.
This property is served by an on-site septic system, which was repaired in 2020 andrlias.a variance; it's a 1-bedroom
system. Nothing in the plan talks about safeguarding the septic or. how theyjare going get a new system for 2
bedrooms; she doesn't think they will be able to have a 2-bedroom home. et/project is clearly more detrimental to the
neighborhood and won't be successful.Urged the Board not to approve thi-p-ermik
McCarthy-If they can't get the septic upgraded,they can't move forward with\thqroject.
Blackwell-. One solution is to connect to public sewer. That is somet ung therier will have fo°secure despite the=
ZBA's decision.
Mondani-Feels septic as well as insurance are not relative to the ZBA.Ther s,arre other li ards toeermit those.
Arvay-We abut 8 Bank Street and Middle Gully Road. The retaining wall on`thhe north of this site is on our property
line.We would want our house inspected before work start-rand and ha e\somee course.We\do‘a t want any construction in
the summer. tj
Filipski.-There are no Town sewers in Cod Fish Park.This lot is one of only.2 lots that are only 1.238 acres,and it's on
a hillside location.The design to increase space above h below`:presents problems�for neighbors and emergency access.
An escrow account to address potential dams e,-to neighbors-was notprovided!She has worked with DPW Director
Stephen Arceneaux about the potential damage to Middle Gulley Road.V'e fig multiple issues with the depth they are
going to and the ramifications for the areaq. "
Kaeck-Reinforced Mr.Richins'commenits about the brittle wall olding.up the road and adjacent properties.
Van Duesen - Our house is perched atp the `Sconset bank with foundation and is supported by pilings of an
indeterminate age.We have sh0ttng in front of the house,b,t it provides no support. The bank is fragile and eroding.
We are concerned about theep f\esc\ava This is a risky construction project proposed in a sensitive site where
results could be catastrop ic.,We don't know wh tthe general contractor will be;it's concerning we would have to chase
the owners for reparations.Asked\how majny projects-Mr:-McArdle was involved in where the excavation was going into
a coastal bank. Asked the Amendolares indemnify the neighbors and place funds in escrow for protection to.the
neighbors and the .tlny�ow er\w thin the area should be able to get a pre- and post-construction survey,not just
the immediate abutters. Given,limate channe and sea-level rise,Codfish Park is under threat with the bank being the sole
protection for,the rest of`Sconse��t.The plan i�s l'o pump brown water away from the site but there is no stormwater plan
for Codfish Park;there is no plan ttd\capture and infiltrate the runoff on site.The intersection of Codfish Park Road and
Beach Street d en't drain and can't��handle� storm events.There is no application for demolition when we the neighbors
thirikia will have to happen to complete this project.Asked for a denial.
Suan-She appreciatesthe technical evaluations.Those of us that own old historic homes without foundations,we hope
people whocome intothe aarea-`vv i respect the history and architecture of the area. It concerns her a house this tiny and
positibned)aksuch will go from a 1-bedroom bungalow to a 2-bedroom home;that could open the door for a lot of the
\ /qua
cute and quaint'ho�mes toe bought and renovated for rental use and thus lose the residential feel.
Soder-'Nvy house is'-2 4 years old.Echoes the concerns of her neighbors and their attorneys,especially the impact of a
excavation on the bluff and our homes.Hopes that if ZBA approves the height increase,you consider the fact this is
el8' above sea le and the fact that this is an emergency access road and construction could obstruct vehicular access.
`S e feels any,5tructure should harmonize with the neighborhood and site it is in. She can't see a way, with all of the
owns,that this cannot be more detrimental to the area.
OOMara-One of the engineers brought up the groundwater at the depth they are going.Asked about that.
Wilson The engineer report verifies groundwater is 5'below the excavation;pumping is only to prevent concrete from
going to the puddle after a rain.
McCarthy-Reviewed drainage as addressed in the previous application.She also has notes about moving the house.
McArdle-We believe the house is not being demolished;.the house will be moved off site during construction of the
foundation.It will be fully permitted and zoning compliant during construction.
Williams-It can't leave Codfish Park;we haven't explored where it will go because we don't have a general contractor.
Any time we block a street,we have to go to the Town.
Allen-Asked if there are pro-active plans for protection of the old wall and Middle Gulley Road.
McArdle-Currently no. Some portions of the project will result in improved conditions of the wall and road.We will
have to investigate drainage and the wall along Middle Gully.We can make the monitoring program more robust, come
Page3of5
Proposed ZBA Minutes for November 10,2022
up with a contingency plan,and stabilize the bank surface.We could move toward internal.bracing to eliminate concerns
about deflection.
O'Mara—We've spent a couple of'hours on this application.He'd like to know more about mitigation of damage to the
road and plans for contacting owners Of homes who want their houses surveyed.Asked how they will ensure that if there
is any damage to dwellings,the owner gets payback.There is insurance available for abutters'protection.
Botticelli—HDC has made the determination that the design is appropriate. Her concerns are stabilization of the bank
and that the work won't be more detrimental to the neighborhood.
Mondani—Wants to understand what is meant by more detrimental to:the neighborhood.
Snell—It's subjective; you have broad discretion to talk about that but advised,against putting too much thought into
non-ZBA issues. One thing the Planning Board sometimes does is require a Construction Management Plan and a
construction timeline;people can view it.
Mondani—Would also like the applicant to talk to the Town about their concerns'bou M *Gully Road
J. Gardner—The.best'plan is to not dig.
AGardner—We met with Richard Moore of DPW; they haven't respond/'dq‘specific question here's a water pipe
under Middle Gully; there's a pipe and leach field. According to the geotechmcal re, ort groundw ter depth is 14.6' the
excavation.is 15' below. Insurance protects the owners, not 'anyone tide; questions why we should insure against
catastrophic damage when there:should be an escrow. ,
Maletta-She never received any notification;her neighbors,who\,were notified;told hempler house is on boulders with
•
partial cement footings; when trucks go down Broadway, the houseshal se-Sh's never seen a hydrology report for
`Sconset.Any vibration'or the way the sand moves or sits;`iwill fill in witlwater courses;tip}a't would cause her house to
list. She fears the long-term effects from vibrations; 'he si uldn't be•disadvantaged f•Ni this project in a very fragile
system. /f
Murphy—Mr.Mondani mentioned that the objections se m be:m to ore aes ettc 'Phe objections are structural or to the
excavation.All along the ZBA has asked questions;some of which hvecnever beennswered;that's why she is asking the
project not be approved and not extended for o lier,nonth.
Wilson—The Board is looking for more information;asked for a continuance to January 2023.
Motion Motion to Continue to January 12,2023. (made by: O'Mar).(se oc nded7 .
Vote Carried unanimously
2. 0-22 Paul P.Moran&Jean M.Moran 4 Washington Avenue Santos
CONTINUED to December 8,2022
Voting McCarthy,Botticelli, O'',`ara,A, lien, bndani`
Discussion Not opened at this time.
Motion Motion to Allow Continuance (mma e by: O'Mara) (seconded)
Vote_ Carried unanimously
3. 15-22 Christopher qili ck 15 Delaney Road Gagalis
CONTINUED to Decembe\8,2022
Voting McCarthy,Bottticelli,.O'Mara,A 'en,Mondani
Discussion NoEo•"ened at this time. :
Motion Moulon°tu Allow •Continuance. made by:Botticelli) (seconded) .
Vote Carried unanimously
4. 16-22 Dean&,A{lbaCestari 2 Nautilus Lane . .' Williams
Ap ca are seeking� cial Perot relief pursuant to Nantucket Zoning By-law Section 139-16C(1) (Intensity regulations—setback)in
order'to reduce°rear yard etback fro 10 feet to 8 feet to construct a 10' x 19'in-ground pool. Locus is situated at 2 Nautilus Lane,
shown=on Assessor's Map 67 as3 arcel 176.2 and lot 166 upon Land Court Plan 34507-26. Evidence of owner's title is registered on
Certtficate otI/f T No.28810 with the Nantucket County District of the Land Court:The site is zoned Residential 10 (R-10)
VotingcCarthy,Bo ticelli, O'Mara,Allen,Mondani
Alternates 'one -
Recused
Documentation Filewith associated plans,photos and required documentation •
Representing Linda Williams
Dr.Dean Cestari,owner -
Gary King,Waterscape
Public Jill Evarts;65 B Fairgrounds Road
Discussion(3:24) Williams —This is for a small pool. A recent letter was "way off base". She has provided photos confirming that the
pool will not be visible.The immediate abutter to the pool is in favor'of the request to reduce the setback to 8 feet.The
finding is that this is in keeping with the intent of the zoning bylaw.
Cestari—We bought this house and would love to spend time at the house and think the pool will make it special.We
emailed the neighbors to ensure they had no concerns.The extra 2'makes a big difference in the size of the pool.
O'Mara—Asked if there were any letters opposed to this.
Page4of5
Proposed ZBA Minutes for November 10,2022
McCarthy-It's from Jill Evarts.
Williams-She's not an abutter and her claims were spurious and irrelevant.
Cestari-The pool equipment will be next to the HVAC unit in the backyard and will be screened.
King-The.pool equipment will not be in the setback.There is an area shown as a planter; that's where the equipment
will go.There will be a fence around it.
Allen-Asked about the strip of grass between the edge of the coping and the walkdown.
King-The walkdown stairs are in'the way of moving the pool closer to the house.
Botticelli-If the pool were narrower,it wouldn't need relief.
Mondani-The full provision isn't in our packet.
Snell-The wrong section is referenced. Read the bylaws that are pertinent allowing a reduction in the setback 139-16
C.1.
Botticelli-Questions why we have zoning setbacks,if we're going to always grant elief.� `` N
McCarthy-The zoning setbacks are considered reasonable for the zoning district,but she does`'t see reducing a setback
for the installation of a pool.
Allen-Asked if there are other options for the pool not to intrude into the setback..
Botticelli-It could go elsewhere on the lot or be narrower. 7----\*
Allen-It could be moved right up against the walkdown.
Mondani-This provision was put in place for when the zoning changes.
Botticelli-She agrees with Mr.Mondani.There are reasons to have zoning and f eels it doesn'ta ply to wanting a pool.
Williams-This board has granted similar relief. \ \\\
King-Right now the pool is very narrow; you can'.pool up against the steps because you have run plumbing
14 around it and access.for a skimmer.We would like to v.ve a walkway arounddthe pool./
McCarthy-We've granted it more for a bump-out addition,but a pool is no'a necessssity.
Williams - She's concerned about the leveelo£:negativity"from=Town oard ',embers against pools. According to the.
definition in the Town Code,this is a structure G�
McCarthy-She would have concerns approving a shed`to intrude into rne setback;enhancements don't carry the same
weight as a residence. �
Allen-Suggested redesigning so it does nilt`need relief.
O'Mara-You can either co t nue or we c`an'vote to deny.
Cestari-We've looked at eve possibility.The length is within the setback.It's the width that intrudes.
Botticelli-A pool isn't.and shouldn t'u Crude into th/e setback.
Williams-The neighbor mostunpacted?liy this has no-con erns.
Evarts-Her concern is that's it,officially listed as a short-term rental property,and they are accepting 10 guests.
Botticelli-Being-ashort-term rental isn't her concern.She sees no reason to grant a special permit for this.
O'Mara-Thies an opportunity,to thd�,r�aw.It's getting late and it's time to vote for a withdrawal.
Cestari-Thiss a huge investmnt, and`we are committed to taking care of our home.We are withdrawing the short-
erm rental notice from all the realto s;this ils>fyor our family.
Williams-Asked for a withdrawal\without prejudice.
Motion Mo to Appr
ove the withdrawal without prejudice. (made by:Botticelli) (seconded)
1/
Vote Carried`unatumo sly
IV. OTHER BUSINESS
1. None „,-.7--.,
V. ADJOURNMENT •
Motion Motion tooAdjourn at 3:53 pm. (made by:Mondani) (seconded)
ni Vote -tried unamous y
Sources used tiring the meeting not found in the files or on the Town website:
1. N ne:.
Submitted by:
Terry L.Norton
Page 5 of 5