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HomeMy WebLinkAbout2013-7-11Minutes for July 11, 2013, adopted Aug. S ZONING BOARD OF APPEALS 2 Fairgrounds road Nantucket, Massachusetts 02554 z v www.nantucket- ma.eov � � cCi S Commissioners: Ed Toole (Chan), Lisa aonicelli (Vwe chair), Susan MoCarthy (Clerk), Michael I. O'Ma45_ Kcym KOSi, ac, Mark Poor, --- MINUTES --- Thursday, July 11, 2013 CD 3 ITI Public Safety Building, 4 Fairgrounds Road, Community Room — 1.4p.m.. 0 Called to order at 1:10 p.m. — r o A Staff in attendance: Leslie Snell, ZBA Interim Administrator; T. Norton, Town Minutes Taker Attending Members: Toole, Botticelli, McCarthy, O'Mara, Poor, Thayer Late Arrivals: Angelastro Early Departures: None Agenda adopted as amended by unanimous consent APPROVAL 1. 1. Junc 13. 2013 -Continued to August 8, 2013 1. 015 -13 36 Union Street Realty Trust 36 Union Street Alger Motion to Approve the withdrawal without prejudice. (made by: Botticelli) (seconded by: O'Mara) Carried unanimously 2. 023 -13 Bridgett Bloise Smith. 1 O Thirty Acres Lane Smith Continued to August 8, 2013 for re- noticing due to abutters list error 3. 25 -13 William C. and Shiela D. Schwab 45 North Liberty Street Glidden Continued to August 8, 2013. 4. 027 -13 Robert J. Dowsett and Susan E Halley 3 Farmer Street Reade Continued to August 8, 2013. Page 1 of 4 Minutes for July 11, 2013, adopted Aug. 8 1. 031 -13 Randolf G. Sharpe, Jr. 6A Saratoga Lane Reade Requests zoning relief to validate an unintentional front yard setback intrusion Sitting Toole, Botticelli, McCarthy, O'Mara, Poor Documentation File with associated plans, photos and required documentation. Provided photos of existing condition. Representing Arthur Reade, Reade, Gullicksen, Hanley, Gifford & Cohen LLP — Intrusion of 1.7 feet into front -yard setback leaving 8.3 feet of setback. There is no apparent impact upon abutters. Believe all standards have been met. Jeff Blackwell, Blackwell and Associates Inc. — Desire to move closer to the street was communicated to me and reviewed the plans. Apologized for not catching the mistake. Randy Sharp Public None Concerns (1:11) Poor — The bylaw provides for this unintentional intrusion. Toole — Expressed concern that experienced professionals made such a mistake. Motion Motion to Grant relief as requested. (made by: Poor) (seconded by: O'Mara) Vote Carried unanimously 2. 032 -13 Janet S. and H.C. Bowen Smith 26 Pleasant Street Reade Continued to August 8, 2013. 3. 034 -13 Thomas Robinson 9 North Beach Street Weitzman Requests zoning relief to demolish the existing dwelling and construct a new dwelling. Sitting Toole, Botticelli, McCarthy, O'Mara, Thayer Documentation File with associated plans, photos and required documentation Representing Rhoda Weinman — Applicant is requesting a special permit to demolish a pre- existing, non - conforming structure and to construct a new structure on the pre-existing non -conforming lot. Existing conditions are a lot that is 3,002SF, groundcover 29.3 %, existing structure is 'h foot into the rear setback. Desire is to build a new structure on the property, which will meet all setback requirements. Asking relief to exceed the 30% ground cover; new structure would be 38 %. HDC has approved the structure. Okay with restricting the time of year to between October 1 to June 1. Okay with drainage mitigation. Public Steven Cohen, Reade, Gullicksen, Hanley, Gifford & Cohen LLP, 7 N Beach St— Stated that he agrees that the pre- existing is grandfatlrered and has no concerns with Mr. O'Mara sitting on the Board. Doesn't object to improving the dwelling but objects m size of new dwelling, which is over sized for the area. Concern about the proposal having an adverse affect on drainage in the area; the Board should require drainage mitigation. Concern about logistical ability to do construction without intruding on the neighbors and public ways. Asked for a typical no -build restriction during the summer; client asks that be extended to the end of September. The structure will have to come up out of the flood plain and concerned about grading. Concerns (1:18) O'Mara — Disclosed his office represented the previous owner in the sale of the property; personally never met the present owner. Ms Weinman asked him to sit on the board. Toole — Asked for clarification on the pre - existing non - conforming smuts of the lot and structure. Snell — A recent bylaw change provides pre- existing non - conforming status to lots, and the structures on those lots, created through the 41 -81L process. Prior to that change, the practice was for the Board to validate them through the grant of a variance. Discussion about grading and drainage: existing conditions versus proposed. Snell — What is put in the decision becomes an enforcement issue; so the Board should carefully consider the wording and how the enforcement officer will interpret and enforce it. Thayer — Would certify the grade and condition that after construction the grade must be the same. Botticelli — Stated that she believes drainage should not be a ZBA condition. Further discussion about whether or not this board should mitigate the drainage, and if so, how. Toole— Construction crews will have to get all permits required if the road is going to be blocked. O'Mara — Suggested adding language in the decision that the applicant offered not to start construction until after September 30. This restriction deviates from the Memorial Day to Labor Day restriction generally applied by the Board. Botticelli — Reviewed conditions added to the special permit. Motion Motion to Grant the Relief as requested and conditioned. (made by: Botticelli) (seconded by: Thayer) Vote Carried Page 2 of 4 Minutes for July 11, 2013, adopted Aug. 8 4. 033 -13 Sankaty Bluff Group, LLC 75 Baxter Road D'Elia Requests zoning relief to relocate a pre - existing nonconforming structure away from the coastal bank. Sitting Toole, Botticelli, McCarthy, O'Mara, Thayer Documentation File with associated plans, photos and required documentation Representing Lori D'Elia, Vaughan, Dale and Hooter and Beaudette, P.C. — Pre- existing, nonconforming lot. Asking for a special permit and variance to move the structure away from the coastal bank. The change would encroach in the front -yard setback. Without the relief the client would suffer financial hardship. Public None Concerns (1:45) Botticelli — The plans indicate that the side yard setback intrusion will not be corrected, although it appears that it could be. Asked why the applicant can't move the structure to remove it O'Mara — Have the same question as Ms Botticelli. Toole — Agreed and added that with no wiggle room built in, the applicant will likely be back. O'Mara — Suggested including in the relief that if they want to move it three or four inches the other direction, that would be approved as well. D'Elia — Stated that it was her client's preference to simply move the structure forward and to not alter the placement with respect to the side yard. Botticelli — Exterior work to be suspended between Memorial Day and Labor Day would be part of the conditions. Motion Motion to Grant relief as requested. (made by: Botticelli) (seconded by: O'Mara) Vote Carried 5. 035 -13 Kenneth C. Coffin/Hughs Septic Service, Inc. Spearhead Drive Guay Requests zoning relief to allow interior and/or exterior storage and warehousing on the site. Sitting Toole, Botticelli, McCarthy, O'Mara, Thayer Documentation File with associated plans, photos and required documentation Representing Joseph Guay — Mr. Hughs is under contract to purchase this lot and a comer lot in an area that was originally zoned RC2. Requesting special permit relief for exterior storage to be used for storage of portable toilets. At this time, there will be no structure; there are plans in the future to construct a storage building as shown on the plans and that can be included in the conditions. George Hughs, Hughs Septic Service, Inc. Public None Concerns (1:54) O'Mara — Would require screening either down the middle or along the side of the abutting lot also owned by Mr. Hughs, not both. Smell — The lots were created through approval of a subdivision pursuant to the RC -2 standards, with restrictions on residential use for employees of the on -site businesses only. The intent of the developer was for heavy industrial uses and the subdivision has since been rezoned to CI, but there is an RC -2 freeze in place. When the area was rezoned, the intention of the developer was to sell the lots in bundles to allow for industrial use. O'Mara — Suggested conditioning the hedge going down the middle and allowing it to be moved when Mr. Hughs is ready to develop the second lot. Could also allow 6 months or so for improvements to the site. Snell — The Planning Board released these 2 lots from the covenant. Toole — Without the structure being built at this time and lack of a CO, when does enforcement come in to ensure the required conditions were met? Would like to see what is being approved not go on a concept so leave the building off. Snell — The Board should put a time limit on completion of the work. A special permit is good for 2 years. The activation is effective once Mr. Hughs starts moving onto the property. Botticelli — Would like to cut it down from 2 years. Discussion on the length of time for completion of the work. Motion Motion to Grant the Relief as requested with the improvements to be installed as shown on Exhibit A within 1 year from the date of the decision, an extension of which may be considered by the Board without holding public hearing. The special permit shall include a phasing provision that allows the application to obtain a building permit for the structure until October 15, 2017 at which time the RC -2 zoning freeze expires (made by: Botticelli) (seconded by: McCarthy) Vote Carried unanimously Page 3 of 4 Minutes for July 11, 2013, adopted Aug. 8 6. 036 -13 21 Broad Street, LLC 21 Broad Street Alger Requests modification of previously issued special permit to change footprint of structure, alter the inn keeper's apartment(s), and, to the extent necessary, to waive the requirement of one (1) additional parking space. Sitting Toole, Botticelli, McCarthy, O'Mara, Thayer Documentation He with associated plans, photos and required documentation. New proposed site plan submitted at the table. Representing Sarah Alger, Sarah F. Alger P.C. — Amendment to an existing decision. HDC required changes to the structure that differed from what was presented to this Board. Presented the new site plan. Propose to split the 3- bedroom inn keeper's apartment into two apartments still only 3 bedrooms. Need to waive one parking space that the new apartment would require. Groundcover increases with the revised structure. Conditions would remain the same. Matt MacEachern, Emeritus Development Public None Concerns (2:17) No concerns. Motion Motion to Grant the Relief as requested. (made by: Botticelli) (seconded by: McCarthy) Vote Carried unanimously I . August 8 agenda is very full. Discussion about starting the meeting at noon. 2. O'Mara would like to have a way for board members to know in advance who stockholders or primaries are on applications and decide in advance if there are would be conflicts of interest. 3. (Pads: Discussion about whether or not the members want to try using (Pads for viewing the applications a the meetings. Members like having digital packets available; consensus is against the IPads. 4. Action deadline extension form, withdrawal forms presently require the signature of all 5 members unless delegate the staff or chair to sign. Motion to Delegate signing of request to continue, action deadline extension and withdrawal forms to staff. (made by: Botticelli) (seconded by: O'Mara) Carried unanimously 5. Future agenda item: discussion about possible warrant articles for Annual Town Meeting. Motion to Adjourn: 2:51 p.m. Submitted by: Terry L. Notion Page 4 of 4