HomeMy WebLinkAbout2013-5-9Minutes for May 9, 2013, adopted Jane 13
ZONING BOARD OF APPEALS
2 Fairgrounds road z o
Nantucket, Massachusetts 02554
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Commissioners: Ed Toole (Chair), Lisa Botticelli (Vice chair), Susan McCarthy (Clerk), Michael J. O'Mary KerirQKOSglkc, Mark Poor,
--- MINUTES --- f 3 rn
Thursday, May 9, 2013 z CV
Public Safety Building, 4 Fairgrounds Road, 1' -Floor Conference Room cb00 m.
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Called to order at 1:00 p.m. m co
Staff in attendance: Leslie Woodson Snell, Interim ZBA Administrator; Marcus Silverstein, Zonmg Enforcement Officer
Attending Members: Toole, Botticelli, McCarthy, O'Mara, Koseatac, Poor, Thayer, Angelastro
Late Arrivals:
Early Departures:
Revised Agenda adopted by unanimous consent.
2. 061 -12
1. April 11, 2013 —Motion to Approve as written. Made & seconded. Carried /Lisa Botticelli abstain
1. 033 -12
Riseborough 1T /n Old South Road
Sitting
Toole, Botticelli, O'Mara, Koseatac, Poor
Documentation
File with associated plans, photos and required documentation.
Representing
Leslie Snell — This is a staff level request. The ZBA required air conditioning (A/C) installed but was not clear
Concerns
whether it would be central or not as well as minor changes to puking. Tenant is trying to get a certificate of
Motion
occupancy (CO); request ZBA vote to authorize staff to sign off on the CO pending a public hearing to discuss issues
Vote
on Jane 13, 2013; the board needs to vote to maintain the requirement or remove it.
Public
None
Concerns
Toole — It is evident that if in the future the ZBA requires A/C, the board needs to be clear that it be central.
Discussion on the motion.
Silverstein — Requested clarification of how the situation came about.
Leslie Snell — Specifically detailed how the situation occurred and corrections the property owner and tenant
propose. Applicant posted a cash security in escrow held by the Town for any required repairs in the amount of
$2500.
Further discussion of avenues for correction and enforcement of violations.
Motion
Motion to Allow staff to sign off to allow issuance of a temporary CO pending a public hearing. (Botticelli)
seconded
Vow
Carried 4 -0/Pom abstain
2. 061 -12
Sews 104 Cliff Road Drahral
Sitting
Toole, Botticelli, McCarthy, O'Mara, Koseatac, Poor, Thayer, Angelsastro
Documentation
File with associated plans, photos and required documentation.
Representing
Not in attendance.
Public
None
Concerns
Leslie Snell — Recommend this be continued due to lack of representation.
Motion
Motion to Hold for June 13, 2013 meeting. (Botticelli) seconded
Vote
Carried unanimously
3. 009 -13 76 Main Street, LLC 76 and 76R Main Street Alger
Continued in Jane 13, 2013
Page 1 of 5
Minutes for May 9, 2013, adopted June 13
4. 012 -13
Brian T. Ryder 12 Mary Ann Drive Self
Sitting
Botticelli, O'Mara, Koseatac, Poor, Angelastro
Documentation
File with associated plans, photos and required documentation.
Representing
Brian Ryder — Relief on a 12- year-old special peanut excluding outside storage; area rezoned to CTEC.
Public
None
Concems
(00:16:54) Only the 2°a story of the existing structure is visible.
Leslie Snell — Have not received any correspondence concerning this application. Since placement in a CTEC
Public
district, do not believe the special permit needs to be maintained. Reviewed restrictions and requirements of a CTEC
Concerns
district.
Discussion about possibly rescinding the special peanut.
Motion
Motion to Rescind the special permit that exists. (made & seconded)
Vote
Carried ananunously
5. 015 -13
36 Union Street Realty Trust 36 Union Street Alger
Continued to June 13, 2013
Page 2 of 5
1. 018 -13
Wilson 5 Surfside Road Wilson
Sitting
Toole, Botticelli, McCarthy, O'Mara, Koseatac
Documentation
File with associated plans, photos and required documentation. Revised plan submitted at the table.
Representing
Kyle Snell, for Steve & Mary Wilson — Seeking a special permit for a secondary dwelling. Zoning is CN; it is a pre-
existing, non - conforming residential use. Demolish an existing garage and build the new structure in compliance
with the setbacks and to allow better parking.
Public
None
Concerns
(00:27 10) Botticelli — Do not have that proposal; what the plan shows is the new dwelling going in the same location
as the existing garage. A new building should be compliant.
Leslie Snell — To build a second dwelling, they need m extend the pre - existing, non - conforming status to the new
structure.
Motion
Motion to Grant the relief to build a new second dwelling that meets all other applicable zoning bylaw
requirements for the lot. (Botticelli) seconded
Vote
Carried unanimously
Page 2 of 5
Minutes for May 9, 2013, adopted June 13
2. 020 -13
Oak Hill Investments, LLC 7 South Valley Road D'Elia
Sitting
Toole, Botticelli, McCarthy, O'Mara, Koseatac
Documentation
File with associated plans, photos and required documentation. Submitted large highlighted plans at the table
Representing
Rick Beaudette, Vaughan, Dale, Hunter and Beaudette, P.C. — Lot is pre - existing, non - conforming in that it is
undersized in a LUGI district; ground cover allowed by zoning is 1903 square feet (SF), existing ground cover is
1943 SF. The structure and greenhouse are both in the front setback. Requesting to increase groundcover by 264 SF
for a proposed garage and to move the main structure out of the setback while maintaining its present groundcover.
Addressed concerns expressed in letters from abutters. Rebuts comments made by Mr. Reade and Mr. Anderson.
Public
Arthur Reade, Reade, Gullicksen, Hanley, Gifford and Cohen LLP for Stephen and Marsha Anderson & Jim and
Mary Hackett — His clients and 3 other abutters have expressed a high level of concern among the immediate
neighbors. Takes exceptation that the ZBA has jurisdiction to deal with this by special permit. This application
proposes to demolish or move a pre- existing, non - conforming structure, which is not dealing with a simple
enlargement of an existing structure; cites Town bylaw: Chapter 139 §33A(9). Based on that, believes the relief that
would be required is Variance Relief.
Stephen Anderson, 5 South Valley Road — Detailed the detrimental impact the proposal would have on the
neighborhood if the 8% increase in groundcover is allowed.
Concerns
(0031:49) Botticelli — Stated her recollection was that the ground cover of a non - conforming could not be increase but
it was okay to maintain the existing groundcover.
A 2007 opinion from Town Counsel states that the non - conforming groundcover can be increased by special permit.
Koseatac — Stated he is not willing to support the application as it stands but gives credit for moving the
structure out of the setback. He said he might support the full 1943 SF groundcover into one building, but
not the 264 SF increase.
Discussion among board members about where they stand on the request for a special permit.
Snell — Stated that a variance is required in this case.
Discussion about feasibility of altering the proposal to be an addition of 264 SF off the rear of the existing
structure.
Motion
Motion to Continue to June 13, 2013. (Botticelli) seconded
Vote
Carried unanimously
3. 021 -13
NIR Retail 34 Main Street D'Elia
Sitting
Toole, Botticelli, McCarthy, Koseatac, Angelastro
Documentation
File with associated plans, photos and required documentation.
Representing
Lori D'Elia, Vaughan, Dale, Hamer and Beaudette, P.C. — This application relates to the 2 °d floor, which is currently
permitted to be either retail or office space. Seeking a special request to (1) change the use of the 2°d floor to a
private meeting space for up to 100 people with an accessory kitchen (2) remove the condition that the building is
precluded from having a use that triggers the need for more than 36 parking spaces. Explained why the change of use
would not increase the demand for parking spaces.
Public
None
Concerns
(0006:25) Botticelli — This would be a huge increase in occupancy, and there is no way to restrict people coming on
foot to a meeting at this location.
Discussion about the effect this change of use would have on parking and the increased level of occupancy, which
would include staff. Further discussion about the change of use and possibility ofrestricting the meeting space to use
by NIR guests only. More information is needed on how the meeting space would be used: hours, occupancy, and
restricted use.
Motion
Motion to Continue to June 13, 2013. (Botticelli) seconded
Vote
Carried unanimously
Page 3 of 5
Minutes for May 9, 2013, adopted Jane 13
4. 022 -13
Bolton(Nantucket Theatre Institute 5 North Water Street Cohen
Sitting
Toole, McCarthy, Koseatac, O'Mara, Angelastro
Documentation
File with associated plans, photos and required documentation.
Representing
Steven Cohen, Reader Gullicksen, Hanley, Gifford and Cohen LLP — Requesting a variance to allow us of a tent on
the front lawn for more than 30 days, Jane to September. The tent is 20X30 feet, 20 -feet tall with an interior stage.
No amplification of voices is proposed. Anticipated show time is 7:30 to 9:30 p.m. with the site shut down by 10
p.m.; there would be no exterior lighting aside from safety lighting. Restrooms, box office & concessions will be
housed in the adjacent buildings. There will be light back -ground music and sound effects but no amplified voices.
Michael Kopko, Executive Director of Nantucket Theatre Institute — Actual performance period is 8 weeks, 6 nights
a week.
Public
Gerard Connick, Cliff Road Guest House — Not in support of the tent; would like the redesigned building approved
before anything temporary goes up. Expressed concern that temporary tends to go on and on.
Malcolm MacNab, 13 North Water Street — Has no objections to this proposal for the tent to be up during the
summer; the tent should not be allowed to become permanent.
Rich Turer, Ash Street — Support the activity as adding to the vibrancy of downtown. Asks only for an exact
position of the tent as it relates to the property line.
Michelle Langlois, The Brass Lantern at 11 North Water Street — Not in support of this application: parking is
difficult as it is, this activity will change the pattern of the neighborhood, the location of the tent will block off light
and air and blocks off the comer. Wind off the harbor could be a safety concern.
Sara O'Reilly, 7 &9 North Water Street — Like change and theatre but this last - minute application without much
thought. Expressed concern about location of the tent which will be the view down North Water Street.
Linda Williams — Concerned about ZBA putting conditions on the project when it has yet to go to the Planning
Board and Historic District Commission (HDC).
Concerns
(01:29:37) Discussion of how the tent would be staked as there is only three feet from the side of the tent to North
Water Street. Need to know who would be responsible for determining that the tent needs m come down in advance
of a severe storm event. A concern is expressed that this is in a very residential area.
Angelastro — Wanted to know what the hardship would be if the variance were not granted.
Cohen —The hardship is that to make theatre a success, it must operate a full season, which is more than 30 days.
Discussion about whether or not this would set a bad precedent.
Cohen — Equipment could be set up interior to the property. Keeping the sides down will help mitigate noise. The
tent still has to go through the HDC and Planning Board.
Kopko — Stated that he anticipates a permitting process at the Planning Board that will deal with the concerns
mentioned by the neighbors. The redesign for the buildings is scheduled to go before the Planning Board next month.
Koseatac — Expressed his concerns with granting the variance.
McCarthy — Support the abutter concerns about allowing the tent as precursor to a project that could fall through.
Further discussion about ZBA's jurisdiction in granting the variance: is allowing a tent for more data 30 days
reasonable.
Conditions: wall setback at least 5 -foot on each street side, stakes must be on the property, erected from 15 Jane to
15 September (12 weeks) 2013 only, no amplification of actors' voices, performance times 7:00 to 9:30 p.m., site
shut down by 10 p.m., six days a week.
Leslie Snell — Conditions being discussed are consistent with the use of the tent for over 30 -days.
Motion
Motion to Approve variance per conditions. (Angelastro) seconded
Vote
Carried 4- 1/Koseatac opposed
(break: 5 minutes)
Page 4 of 5
Minutes for May 9, 2013, adopted June 13
5. 019 -13
Nantucket Maria Mitchell Assoc. 31 & 33 Washington Street Reade
Sitting
Toole, Botticelli, McCarthy, O'Mara, Thayer
Documentation
File with associated plans, photos and required documentation.
Representing
Arthur Reade, Reade, Gullicksen, Hanley, Gifford and Cohen LLP — Request relief for height of building &
parking requirements. As an educational facility, there is no provision in the bylaw as to required parking; asking
requirements be waived. In the Commercial Downtown district, there is provision for special permit for relief from
30 -foot height requirement Relief is necessary due to raising the structure above the flood plain and height of the
domed planetarium roof.
Marsha Feder, architect — Explained design of planetarium roof. There is an easement for driveway access for the
residential property at the rear. The design is to encourage public entrance at the front of the property.
Public
Ken Blackshaw, for Ginger Andrews — Read into the record a letter of support from Ms Andrews.
Linda Williams, as former HDC chair and private citizen — Reviewed HDC presentation and vote. Personally,
supports design: listed downtown structures that are taller than the dome.
Concerns
(02:31:47) Discussion about waiving requirement parking spaces versus the need for H/C parking and staff parking and
the effect upon the easement.
Leslie Snell — Recommend to grant the relief based on the educational use of the site and its location within the
downtown.
Motion
Motion to Approve the special permit. ( Botticelli) seconded
Vote
Carried unanimously
1%. OTHER RUSINLSS
L None
Motion to Adjourn: 4:04 p.m.
Submitted by:
Terry L. Norton
Page 5 of 5