HomeMy WebLinkAbout2013-3-14Minutes for March 14, 2013, adopted April 11
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ZONING BOARD OF APPEALS
2 Fairgrounds road
Vic\ pro Nantucket, Massachusetts 02554
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i ss inners: Ed Toole ( Chair), Lisa Botticelli (Vice chair), Michael J. O'Mara, Kerim Koseatac,R4�PffPf Mc�s1230
Michael Meelaslro Geoff The er
— MINUTES --- NANTUCKET TOWN CLERK
Thursday, March 14, 2013
Public Safety Building, 4 Fairgrounds Road, 1'l-Floor Conference Room –1:00 p.m.
Called to order at 1:02 p.m
Staff in attendance: J. Breschey ZBA Administrator; M. Silverstein, Zoning Enforcement Officer; T.
Norton, Town Minutes Taker
Attending Members: Botticelli, O'Mara, Koseatac, Poor, McCarthy, Thayer
Absent: Toole, Angelastro
Late Arrivals: Koseatac 1:03 p.m., O'Mara 1:06 p.m.
Early Departures: Botticelli 1:49 p.m.
Agenda adopted by unanimous consent
1. February 14, 2013 – Motion to Approve. (Poor) seconded. Carried 4 -0
BUSINESS 11. OLD
1. 061 -12 Sears 104 Cliff Road Drahzal
Continued to April 11, 2013
1. 006 -13 Mooney, Trustee 12 Washington Street Rowland
Sitting Koseatac, Botticelli, Poor, McCarthy, Thayer
Recused None
Documentation File with associated plans, photos and required documentation
Representing Ben Normand, Rowland and Associates – Add to an existing 2nd -floor deck. Property developed
in 2006 structure under R2 zoning, in 2010 changed to BR zoning which changed the back yard
setback from 10 to 15 feet, which caused it to becoming non - conforming. Hope that will change
back at Town Meeting. Looking for a special permit. Presently structure is 10.5 feet of rear
property line. Addition will not change that setback.
Public None
Page 1 of 6
Concerns
Minutes for March 14, 2013, adopted April I1
(1:04) Poor — Disclosed that he helped develop the project several years ago but has no
financial interest in it.
Botticelli — Need a site plan that shows the non - conformity to the setback line for the file. Deck
will not extend over the step.
Poor — Asked if we issue the special permit, the next meeting is in April after Town Meeting;
will that cause an issue if they don't act on the permit.
Brescher — They could just let it expire.
Botticelli — Wants the Historic District Commission (HDC) Certificate of Appropriateness
(COA) number and the site plan with dimensions attached.
Motion
Motion to Approve Special Permit with the Historic District Commission Certificate of
Appropriateness number included and a site plan showing the present non - conformity
included in the file. (McCarthy) seconded
Vote
Carried unanimously
2. 007 -13
Lipuma, Trustee 1 I Midland Avenue Hunter
Sitting
Koseatac, Botticelli, Poor, McCarthy, Thayer
Recused/abstai
O'Mara
n
Documentation
File with associated plans, photos and required documentation
Lori D'Elia, Vaughan, Dale and Hunter and Beaudette, P.C. — Application for non - conforming
Representing
as to ground cover. Proposal has been approved by the HDC and the COA number is attached.
Up to 2009 the lot was zoned R2 at 12.5 percent and conformed; zoning was changed
decreasing ground cover percentage to 10 percent making the lot non - conforming. Asking of a
special permit to increase the ground cover by 292 square feet to a total of 2592 square feet.
Public
Concerns
None
(1:10) D'Elia - At the time the property was up -zoned in 2009, there was a provision in the
bylaw that asked for a five -year grace period for affected properties; the provision was
eliminated; feel that since the situation existed at the time of the up zone, the lot should be
awarded the grace period.
Discussion about whether or not the grace period was eliminated for all existing structures or
just for subdivisions.
Bottieelh — Asked if this goes to Town Meeting with a change to the set back will that also
affect the ground cover.
Brescher — It will not go back to the ground cover, it will affect only the set back.
Poor — In terms of existing ground cover, asked what the current percentage is related to the
present zoning.
D'Elia — Presently ground cover is at 11 percent.
Thayer — Asked if there were any letters against.
Brescher — All abutters were in favor.
Motion
Motion to Approve Special Permit as requested. (Thayer) seconded
Vote
Carried unanimously
Page 2 of 6
Minutes for March 14, 2013, adopted April 11
3. 008 -13
Platt 71 Hooper Farr Road Hunter
Sitting
O'Mara, Koseatac, Botticelli, McCarthy, Thayer
Recused
Poor
Documentation
File with associated plans, photos and required documentation
Lori D'Elia, Vaughan, Dale and Hunter and Beaudette, P.C. — When it was constructed in 1978,
Representing
the Building Department was satisfied that it complied with the 3 feet set back from the
property line; though it is apparent that it is actual 2.8 feet from the set back. There is no as-
built plot plan from 1978; therefore it is pre - existing, non - conforming. Applicant wants to alter
the dwelling to convert the breezeway and garage into a single - family dwelling unit. The
proposed plan would be no closer to the setback.
Public
Concerns
None
(1:17) Botticelli — It looks like a comer is being pulled out of the setback; but the front wall of
the garage is moving forward on the lot increasing the non - conformity.
D'Elia — Part of the proposed building will be in the set back but no closer than the existing 2.8
feet; the footprint of the structure is being increased to 2,111 square feet, which is within the
allowable ground cover for R2.
Brescher — Received one letter from an abutter asking that puking stay on site and not spill out
onto the road.
D'Elia — We are aware of that letter and have spoken to the abutter. The property will continue
to be a duplex; but the owner wants to clean it up and ensure everything is in compliance with
the Building and Planning Codes and Zoning bylaws.
Mark Poor, Permits Plus — For clarification only: construction is all one -story. Further
explained the proposed work.
McCarthy — Is okay with the permit as long as the non-conforming distance from the setback
is not changed.
Botticelli — Site plan does not show the dimension of the non - conformity at the front comer.
O'Mara — Would like to include the provision that the roof height is not changing.
Motion
Motion to Approve Special Permit with the condition that the ridge height does not
changed and addition is no closer than 2.8 feet from the property line and specify 5.44 in
the back as shown on the Permits Plus plan. (O'Mara) seconded.
Vote
Carried unanimously
Page 3 of 6
Minutes for Mareh 14, 2013, adopted April 11
4. 010 -13
Small Friends of Nantucket, Inc 19 Nobadeer Farm Road Alger
Sitting
O'Mara, Koseatac, Botticelli, McCarthy, Thayer
Recused
Poor
Documentation
Representing
File with associated plans, photos and required documentation
Sarah Alger, Sarah F. Alger P.C., for Dillon Wallace and Claudia Butler, operators of Ambrosia
on Centre Street — Have the chance to buy a structure that used to be Patio J and moved to this
location for use by Small Friends. Small Friends is now selling a structure. Prospective owners
intend to live in upstairs apartment and use the first floor for food processing, some catering,
cooking classes and some small agricultural use. There would be no retail at this site. The
driveway is shared access with Small Friends; do have required parking and a loading bay.
Request a special permit for the use and for the loading zone.
Public
Concerns
None
(1:30) Thayer — would like it conditioned that there would be no retail.
O'Mara — Asked about a restriction.
Alger — Small Friends would hold the restriction which would have to do with use restrictions
and other restrictions. There is no plan to have constant traffic as might be associated with
major retail; however, if they bake a cake and someone picks it up, that is retail so retail cannot
be totally cut out.
O'Mara — Asked about hours.
Alger — There is no restriction from Small Friends in that regard.
Thayer — It would be in the best interest of Small Friends to restrict traffic; their restrictions are
probably tighter than this board would attach.
McCarthy — If the propertylbusiness changes hands, would like wording attached requiring the
new owner coming back to the ZBA.
Botticelli — Should a new owner take over, ZBA would like to ensure a way to review the retail
use of the new owner.
Silverstein — Retail is retail, but there is a lot being crammed into building.
Koseatac — What if they chose to grow and add employees.
Alger — ZBA can restrict number of employees. That way, if they sell, whoever buys the
business would have to reapply.
Silverstein — Suggested restricting it to the owners is an easy way to go about it. Asked if they
could consider if bake goods are sold, would they consider delivering it.
McCarthy — Is not concerned with picking up baked goods now and then.
Botticelli — Asked what would happen if they lost their retail space downtown.
Alger — Could add the condition that the owner has to have an off -site retail space.
Discussion about whether or not there is the required parking space.
Motion
Motion to Approve Special Permit with the condition that it be restricted to Wallace and
Butler, who must have an off -site retail space, and restricting number of employees
limited to 3 to include the owners, and provide a way for truck traffic to turn around
before exiting. (McCarthy) seconded
Vote
Carried unanimously
Page 4 of 6
Minutes for March 14, 2013, adopted April 11
5. 009 -13
76 Main Street, LLC 76 and 76R Main Street Alger
Sitting
O'Mara, Koseatac, Poor, McCarthy (acting chair), Thayer
Recused
Botticelli
Documentation
File with associated plans, photos and required documentation
Representing
Sarah Alger, Sarah F. Alger P.C. — Guesthouse, requesting special permit to alter use and
extend structure on the property. Guesthouse moms being increased to 28 rooms and provide an
inn-keepers suite. Non - conforming parking on site, requirements going from 11 to 14.
Prohibition against all construction in 2013 between Memorial and Columbus Day. Future
work, no exterior construction between Memorial and Columbus Day. Plan is to start in Fall
2013 and finish in time to open Summer 2014; plan is no construction in the summer.
Matt MacEachem, Emeritus Development — Reviewed the construction work. No full basement
under the garage.
Public
Richard Loften, for 69 Main St — The issue here is trucks; however has agreed given the
condition that there is no construction this year until after Columbus Day and no exterior
construction between Memorial and Columbus Day.
Concerns
(1:49) Discussion about how work will take place and if any input has come from the abutters.
Project still has to go through HDC for work on the rear structure.
Poor — Proposal is to maintain first floor and add a second floor; that does not read as a
demolition of the structure.
Alger — First page states that the secondary structure will be demolished.
O'Mara — IF the building is being torn down, the building should be pulled away from the
present location and part of the "T' that goes North & South.
Koscatac — Agrees with Mr. O'Mara. Asked if the structures are the same level as the
neighbors.
MacEachern — The proposed back structure will be about 25 feet. The abutting structures are
1 %: story.
Poor — Asked if this requires any Planning Board site -plan review or Fire Department approval;
plan shows no access for fire trucks or ambulances.
Alger — No, it does not require their review or approval.
MacEachern — There will be alarm plans and a sprinkler system; it will comply with fire
codes.
Koseatac — Asked if this could be continued to allow the representative to speak with the
abutter to the rear and find out what they think. Their opinion will have bearing upon my
decision. Do not want erosion becoming an issue for the neighbors.
McCarthy — The abutters have been notified and it is incumbent upon them to contact the ZBA
with any concerns.
O'Mara — This will have a substantial affect on the neighbors.
Poor — If within 3 feet of the setback, would have ventilation issues with vents and air
conditioning. Do not have that with five feet. Since the structure will be new, it should meet the
setback. The garage further exacerbates access to the rear.
MacEachern — Would like to maintain the width as it moves back and keep the same number
of rooms.
O'Mara — Garage /storage structure should be built in a manner that does not require digging in
close proximity of the contiguous abutters.
Poor — Would like to continue to April 11 meeting. HDC approval and mitigation of damage to
abutters.
Motion
Motion to Continue for further information. (Poor) seconded.
Vote
Carried unanimously
Page 5 of 6
Minutes for March 14, 2013, adopted April 11
6. 011 -13 Middle C, LLC 36 Centre Street Philbrick
Continued to April 11, 2013
[fill
Motion to Adjourn: 2:15 p.m.
Submitted by:
Terry L. Norton
Page 6 of 6