HomeMy WebLinkAbout2013-6-13Minutes for June 13, 2013, adopted Aug. 8
GO ZONING BOARD OF APPEALS
2 Fairgrounds road
Nantucket, Massachusetts 02554
WWW nantucket- ma.eov
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Commissioners: Ed Toole (Chair), Lisa Botticelli (Vice chair), Susan McCarthy (Clerk), Michael L O'MarE m-marKoscame, Mark Poor,
Agenda adopted as revised by unanimous consent
1. APPROVAL
— MINUTES —
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structures and an increase in guest rooms.
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Thursday, June 13, 2013 —1
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Sitting
Public Safety Building, 4 Fairgrounds Road, Community Room- 1:0 lt!`.m.
Documentation
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Representing
None
Public
None
Concerns
Snell — No information has been received from the agent or applicant.
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Called to order at 1:10
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Staff in attendance:
Leslie Snell, ZBA Interim Administrator; Marcus Silverstein, Zoning EnforcFpemrQFf cer; T. Norton,
Town Minutes Taker 70
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Attending Members:
Toole, Botticelli, McCarthy, O'Mara, Koseatac, Poor, Angelastro, Thayer
Late Arrivals:
None
Early Departures:
None
Agenda adopted as revised by unanimous consent
1. APPROVAL
OF MINUTES
1. May 9, 2013 Motion to Approve. (Made: O'Mara; seconded: McCarthy). Canned unanimously
includes replacement
structures and an increase in guest rooms.
1. 061 -12
Sears 104 Cliff Road Drahzal
Requests zoning relief to site a shed no closer to the front yard lot line than the existing structure.
Sitting
Botticelli, O'Mara, Koseatac, Angelastro, Thayer
Documentation
File with associated plans, photos and required documentation
Representing
None
Public
None
Concerns
Snell — No information has been received from the agent or applicant.
Motion
Motion to Deny without prejudice. (made by: Botticelli ) (seconded by: Koseatac)
Vote
Carried unanimously
2. 009 -13
76 Main Street, LLC 76 and 76R Main Street Alger
Requests zoning relief to alter and extend the preexisting nonconforming uses and structures on the site. Proposed work
includes replacement
structures and an increase in guest rooms.
Sitting
Toole, McCarthy, O'Mara, Poor, Thayer
Documentation
File with associated plans, photos and required documentation
Representing
None
Public
None
Concerns
VATHDRAWN
Motion
Motion to Withdraw without prejudice. (made and seconded)
Vote
Carried unanimously
Page 1 of 7
Minutes for June 13, 2013, adopted Aug. 8
3. 015 -13
36 Union Street Realty Trust 36 Union Street Alger
Requests zoning rehef to alter and extend the preexisting nonconforming structure by constructing an addition, which will
increase the ground cover ratio.
Sitting
Toole, Botticelli, McCarthy, O'Mara, Koseatac, Poor, Angelastro, Thayer
Documentation
File with associated plans, photos and required documentation
Representing
None
Public
None
Concerns
None at this time.
Motion
Motion to Continue to July 11. (made by: O'Mara) (seconded by: Botticelli)
Vote
Carried unanimously
4. 020 -13 Oak Hill Investments, LLC 7 South Valley Road D'Elia
Requesting zoning relief to demolish, alter, and extend or move, alter, and extend the existing dwelling and to construct a new
garage, shed, and pool. Proposal includes an increase in ground cover ratio.
Sitting Toole, Botticelli, McCarthy, O'Mara, Thayer
Documentation File with associated plans, photos and required documentation
Representing Rick Beaudette, Vaughan, Dale, Hunter and Beaudette, P.C. — Undersized lot with two structures. Coming back to
reduce that request so that the gmundcover will be the same as it is now, which is 1,943 square feet (SF). The Lot is
27,194 SF. The previously proposed house with attached garage was 1,529 total SF and greenhouse 1,414 SF.
Separating house and garage, new garage 200 SF, and removing greenhouse; shed is under 120 SF and does not
count as ground cover.
Public Arthur Reade, Reade, Gullicksen, Hanley, Gifford & Cohen LLP — Read zoning code 139.33 § 9B in regards to
moving ground cover around. Only point is that the decision should refer to the 1,943 SF figure fm ground cover,
and if any changes in the future are to be made, the board should have the correct lot size of 27,194 SF in the
decision.
Concerns (1:17) Botticelli — Approve potentially the 1,943 SF figure.
McCarthy —The position of the board is that the total groundcover does not change.
McCarthy — Clarified that the decision today is for the ground cover request, not the structure.
Thayer — Two things to be referenced in the motion: the ground cover stay a 1,943 SF and lot area to be cleared
27,194 SF.
Motion Motion to accept the grant relief with the ground cover stay at 1,943 SF and lot area to be cleared 27,194 SF.
(made by: Botticelli) (seconded by: O'Mara)
Vote Carried unanimously
5. 021 -13
NIR Retail 34 Main Street D'Elia
Requesting zoning relief to convert an existing retail space to a private meeting room.
Sitting
Toole, Botticelli, McCarthy, O'Mara,
Documentation
File with associated plans, photos and required documentation
Representing
None
Public
None
Concerns
Received a request to withdraw. Staff recommended accepting the withdrawal.
Motion
Motion to withdraw without prejudice. (made by: Botticelli) (seconded by: O'Mara)
Vote
Carried unanimously
Page 2 of 7
Minutes for June 13, 2013, adopted Aug. 8
1. 023 -13
Brldgen Bloise Smith 1 OC Thirty Acres Lane Smith
Requests zoning relief for additional bedrooms within a preexisting nonconforming multi - family structure.
Sitting
Toole, Botticelli, O'Mara, Koseatac, Poor
Documentation
File with associated plans, photos and required
documentation
Representing
Bridgett Bloise Smith — Construct 3 additional
bedrooms and request for waiver to parking spaces.
Public
Ken Kassan, 8 Thirty Acres Lane — Each unit has 4 bedrooms. There are deed restrictions to all units in question.
Each owner has rights to 2 parking spaces in the deed; lots are provided turn around space. A parking space would
have to come from someone to give to someone. Asked if the Building Department was aware these bedrooms are
built, was electrical and water inspected, and is the Board of Health aware that 9 people are living there? Maximum
occupancy under the deed is 5 persons. Only two abutting owners were notified about this application. Parking w it
works now does not cause a concern or affect anyone.
Susan McCarthy — Suggested that the board get permission from both 10 & 8 condos.
Avril Lowe - Asked what would happen if Ms Smith's parking space is legally the size for 3 spaces. Asked for the
definition of a bedroom.
Concerns
(01:32) Toole — single lot duplex which is now preexisting nonconforming; total bedrooms now is 8 and will go up
to 11.
Staff— Don't have to agree to the bedrooms but do have to agree to waive 3 additional parking spaces. There is not
location to add those spaces.
Poor — Parking plan does not label spaces but there is a conflict between spaces 6 & 7. Don't meet requirements for
parking spaces.
Staff — this was approved before the new parking standards. With individual applying, can't hold other unit owners
up to the new standards. There are probably other issues outside zoning.
O'Mara — At time of approval, would have needed 4 spaces.
Staff — Do have a certified list from the assessor; but if there is a flaw with the list, the board can continue to allow
time to verify the list and contact.
O'Mara — Propose continuing with condition that we have a letter from the condo association about a vote on
changing the condo laws.
Staff — The BOH did respond to a complaint and inspected the site; Health noted that it was in compliance.
Silverstein — Was with BOH, believe the number of people living there was 5 with the basement carved out as a
separate apartment, which was part of the citation; none of the rooms were built without permit. All rooms were part
of the original permitting; were repurposed.
O'Mara — If condo assn doesn't approve change in documents, it will be hard for this board to go forward and
consider the application. Prior to next meeting, would like a letter with the vote about changing the parking from Ms
Smith's Lot 4 condo assn. Need to verify /clarify that each abutter was sent a notice.
Toole — Explained the zoning review process to Ms Smith as to what must happen. Asked for a sense from the board.
O'Mara — Doesn't think it fair to the community to waive the parking.
Toole — Tends to agree. Reiterated that Ms Smith needs to get her neighbors to agree to the change.
Discussion about what is or si not a bedroom and how many bedrooms the structure actually has.
Motion
Motion continue to July 11 pending receipt of a letter of approval from the condo assn to add the bedrooms
and verification of the abutters' mailing Iist.(made by: Botticelli) (seconded by: O'Mara)
Vote
Carried unanimously
Page 3 of 7
Minutes for June 13, 2013, adopted Aug. 8
2. 024 -13 Kenneth and Denise Riseborough 17% Old South Road Riseborough
Requests modifications to previously granted special permit, including modifications to site plan, open space, and
requirement for air conditioning (A/C).
Sitting Toole, McCarthy, Koseatac, Angelastro, Thayer
Documentation File with associated plans, photos and required documentation
Representing Linda Williams — In further review from previous decisions, there turned up several technical parking issues.
Reviewed modifications. Have submitted a new site plan for review and approval. Asking to be waived from
requirement for air conditioning. Asking to modify hours of when bakers can be on site and not open to the public.
Clarifying that primary the use is a bakery as opposed to a pizzeria. This board in the past has not required A/C for
any commercial business other than carpentry. Installing central air will force closure of the business and expensive
retrofitting the building.
Vanessa Moore — The A/C will not be used or the windows open. The bread will not rise with cold air.
Maggie Delmer, bakery owner — Cannot bake bread with A/C or the windows open.
Public Henry Wasierski, 17C Old South Road — Would like to have his letter about the parking taken off the table. That
issue has been resolved.
Steven Cohen, Reade, Gullicksen, Hanley, Gifford & Cohen LLP - The A/C requirement is not the point, the point is
to keep the noise down. Weight is being wrongfully applied. Should look at how the board is protecting the neighbor
which is limiting the noise.
Concerns (2:12) Waive requirement for A/C:
Angelastro — Thought it had already been approved use of window units. That the decision did not require central
air; just A/C of some kind.
Staff — Vote last month was to allow a temporary Certificate of Occupancy (CO).
Butler — A/C is akin to heating and has to meet certain specification to the space being cooled. If the purpose of the
decision is to ensure windows aren't open and cooled, will have to have a designed system. Building code does not
require A/C, only heat. This board required A/C, so looking at the wording I have to determine what A/C.
McCarthy — Asked how may apartments are in the area. (answer: 4 units) It was for those residents that the A/C was
required. It makes sense to require A/C so that everyone is comfortable and noise will not disturb the residents.
Toole — The owners had an opportunity to put the central A/C in; they were required with the application for a
pizzeria.
Butler — Another point about window units is that they are temporary, not a permanent, provision and subject to
replacement every year and failure.
Angelastro — Asked if the entire basement was finished. (Answer: yes) Suggested window units for this year and
then retrofit for next year.
Toole — Believe owners should be required to meet the Building Code.
Butler — Reviewed the difference between central air and window units and split units.
McCarthy — This is a mixed use area and residents should not have to be subjected to the noise and smells of this
commercial business. Would support Mr. Angelastro's suggestion.
Silverstein — Should provide a "be-done -by" and how many windows units will be required.
McCarthy — Would like a set completion date and also require that windows are kept close. The workers will be in
there all night probably listening to music. If the A/C requirement is eliminated, would want a requirement that
during over -night baking, the windows and doors are closed, from 11 p.m. to 6 a.m.
Angelastro — Either we require A/C or not for a commercial business. This was put in for the neighbors. After
hearing Mr. Cohen, opinion is swayed but must come back after use changes.
Staff —to ensure that if the owner or tenant comes back for an apartment on the 2°a floor that does not trigger the
change of use.
Modification m Condition 1 — number of parking and configuration:
No concerns.
Modification Condition 2 — 27% green space:
No concerns.
Modification Condition 3 — changing the hours:
Toole — Original 3 a.m. to 11 p.m. changing to l 1 to 6 to make bread and sell from 6 to 11.
No concerns.
Eliminating the word Pizza from the approval:
No concerns.
Motion Move this the modification requested condition 1 paragraph 5 granted; open spaces granted; condition 2
paragraph 5 granted with the provision all windows and doors closed 11 p.m. to 6 a.m.; condition 3 paragraph
5 granted and property be granted permission to be used as a "bakery"; if commercial use changes to any
other use, must come back to board. (made by: Angelastro) (seconded by: Koseatac)
Page 4 of 7
Minutes for June 13, 2013, adopted Aug. 8
Vote
Carried unanimously
3. 25 -13
William C. and Shiela D. Schwab 45 N. Liberty Street Glidden
Requests zoning relief to increase the ground cover of a preexisting nonconfomdng lot.
Sitting
Toole, McCarthy, O'Mara, Koseatac, Angelastro
Documentation
File with associated plans, photos and required documentation. Elevation and photos submitted at the table.
Representing
Jessie Glidden — Two additions resulting in a 290 SF groundcover increase on an undersized lot. Esthetics is not the
Concerns
prevue of this board. One parking per dwelling is required in the Residential Old Historic district (ROH).
Public
Nancy Martin, 41 West Chester Street — Not all abutters got notification. This is 290 SF groundcover increasing
Vote
580SF total on the structure. Proposing to add 2 bedrooms and 2 baths for a rental property. House is on comer of
North liberty & West Chester Street; it used to be lower. It was raise almost a full level making it incongruent with
the neighborhood. The house has only one parking space and there is no other parking. It would set a precedent for
enlarging structures. Asked the board to make a site visit before making a ruling. Asked the board in keep
groundcover at 30% or less.
Susan Sandler, 2 Sunset Hill Lane — Esthetically this structure is already out of character with the neighborhood,
which is made up of smaller cottages. Concern about the parking; there is one existing parking spot and potentially 6
bedrooms.
Mary Drew, 48 North Liberty — Did not receive a notification.
Concerns
(2:52) Angelastro — What the abutters said is an HDC matter except for the parking.
McCarthy — Looking at the plan, the bumpout on the west is for bathrooms. The addition on the east is for
bedrooms.
O'Mara — Since we were allowed in go from 30% to 50 %, have not seen anyone go in 50%. Have seen a number go
from under 30% to 35 %. Count only three bedrooms in this house.
Toole — They have applied
for groundcover to all for a 3 bedroom house; that is what this board is considering.
Board members are willing
to make a site visit.
Toole — Typically this board has approved this size increase in groundcover.
Staff — Would like to ensure the abutters were properly notified. Ms Drew's daughter was properly notified.
Motion
Motion to continue to July 11 meeting to allow a site visit by board members with HDC approved plans in
hand. (made by: Angelastro) (seconded by: Koseatac)
Vote
Carried unanimously
4. 026 -13
Christopher G. and Kimberly Roy Tofalli 122 Main Street Glidden
Sitting
Toole, McCarthy, O'Mara, Koseatac, Angelastro
Documentation
File with associated plans, photos and required documentation
Representing
None
Public
None
Concerns
Withdrawn
Motion
Motion to withdraw. (made by: O'Mare) (seconded by: McCarthy)
Vow
Carried unanimously
5. 027 -13
Robert 1. Dowsett and Susan E. Halley 3 Farmer Street Reade
Requests zoning relief to alter a preexisting nonconforming structure.
Sitting
Toole, McCarthy, O'Mara, Koseatac, Angelastro
Documentation
File with associated plans, photos and required documentation
Representing
None
Public
None
Concerns
Continued without comments.
Motion
Motion to continue to July 11 without opening. (made by: Angelastro) (seconded by:Koseauu)
Vote
Carried unanimously
Page 5 of 7
Minutes for June 13, 2013, adopted Aug. 8
6. 028 -13
10 Prospect Street Development LLC 10 Prospect Street Cohen
Requests zoning relief to change the use of a preexisting nonconforming structure to a dwelling.
Sitting
Toole, Botticelli, McCarthy, O'Mara, Koseatac,
Documentation
File with associated plans, photos and required documentation
Representing
Steven Cohen, Reade, Gullicksen, Hanley, Gifford & Cohen LLP — Subdivided under exemption. Dealing with the
fly lot in the back which is now a second separate and legal lot. No exterior construction proposed at this time. A
simple change of use to residential. Work in setback, adding gromdcover or adding height would have to come back
to ZBA.
Public
None
Concerns
(3:19) O'Mara — The only question is that existing 1'h story structure is being turned into a dwelling. This used to be
Concerns
a carpentry shop.
Discussion about whether or not the driveway will be adequate to allow a safe turn around before pulling out on the
Motion
road.
Motion
Motion to approve the application as requested. (made by: Koseatac) (seconded by: Botticelli)
Vora
Carried unanimously
7. 029 -13
Sound View Realty Trust 103 Eel Point Road Dale
Requests zoning relief to allow a reciprocal exchange of land with an abutting property.
Sitting
Toole, Botticelli, McCarthy, Koseatac, Poor
Documentation
File with associated plans, photos and required documentation
Representing
Kevin Dale, Vaughan, Dale, Hinter and Beaudette, P.C. — Erosion of north shore, 105 Eel point structure was in
imminent danger of going over the bank; this structure to be relocated 66 feet south with reduced side yard setback in
order to save it. 105 seeking relief for reduced setback. Swap requires relief because upland of 103 will he reduced
82 to 84 %. Ask special permit for 103 and variance or special permit for 105. Reviewed lot area of both lots. 103 Eel
point road was not willing to give up more land.
Public
None
Concerns
(3:32) Toole — Asked if the swap was explored to the extent that the side setbacks would not be reduced. (Answer:
yes but optimum siting requires a move 66 feet south.) Asked if a time restriction should be placed on the move.
Motion
Motion to grant the variance relief and special permit as requested (made by: Botticelli) (seconded by: Koseatac)
Vote
Carried unanimously
8. 030 -13 105 Eel Point Road Trust 105 Eel Point Road Dale
Requests zoning relief to allow a reciprocal exchange of land with an abutting property and to relocate the existing dwelling
away from the coastal bank.
Sitting Toole, Botticelli, McCarthy, Koseatac, Poor
Documentation File with associated plans, photos and required documentation
Representing Kevin Dale, Vaughan, Dale, Hunter and Beaudette, P.C. — Erosion of north shore, 105 Eel point structure was in
imminent danger of going over the bank; this structure to be relocated 66 feet south with reduced side yard setback in
order to save it. 105 seeking relief for reduced setback. Swap requires relief because upland of 103 will be reduced
82 to 84 %. Ask special permit for 103 and variance or special permit for 105. Reviewed lot area of both lots. 103 Eel
point road was not willing to give up more land.
Public None
Concerns (3:32) Toole — Asked if the swap was explored to the extent that the side setbacks would not be reduced. (Answer:
yes but optimum siting requires a move 66 feet south.) Asked if a time restriction should be placed on the move.
Motion Motion to grant the variance relief and special permit as requested (made by: Botticelli) (seconded by: Koseatac)
Vote Carried unanimously
Page 6 of 7
Minutes for Jane 13, 2013, adopted Aug. 8
008 -94
The Repeater Trust, Raymond P. Conlon Trustee 21 Airport Road Conlon
Requests clarification of a previously issued decision of the Zoning Board of Appeals regarding storage of vehicles.
Sitting
Toole, Botticelli, McCarthy, Koseatac, Poor
Documentation
File with associated plans, photos and required documentation. Photos submitted at table. Copy of airport
commission letter to Mr. Conlon submitted at the table.
Representing
Raymond Conlon, Repeater Trust — Reviewed history of the lot. Sought to continue the practice of allowing storage
of other people's vehicle; everyone was in favor. Have been allowing parking of commercial vehicles overtly for 19
years. There has never in the past been any confusion about the special permit in 1994. Airport revenue is down;
believe this is behind the complaint. The discussion was very clear about the continued practice of storing other
people's vehicles. Provided a copy of the violation notice to the bound. Admit not screening property and violating
the number of vehicles on the lot in the spring when vehicles are coming and prior to sales; but that was a short
period in spring in fall.
Linda Williams— Was vice chair at the time and crafted the permit because there was concern about it becoming a
full- service garage. Under C & D, it does not restrict storage to rental vehicles on purpose. Explained screening along
Miller's Way.
Public
Dan Drake, Chairman Airport Commission — First came to our attention by a member other commission about one
year ago; issue at that time was that there were more vehicles on the property than permitted by the order. Question is
what does storage mean: to take in for daily parking or long term. There were discussions with Mr. Conlon about the
fact he is in business year round. Reviewed a letter sent to Mr. Conlon.
Michael Angelastro — Asked if the airport has notified the Nantucket Inn that they are parking or storing
commercial vehicles there? (Answer: no) Asked Mr. Drake to explain how the government can intrude upon how a
private citizen operates his business.
Concerns
(3:41) Staff — Determination as to whether or not this is a violation of a permit. Reviewed original permit. The
questions is the permit limited to Windmill Auto only or can other vehicles be stored there not to exceed 55. If the
board is not inclined to make a decision, it can be advertised for a public hearing. Pointed out the business
competition is not a ZBA concern.
McCarthy — The permit does not limit puking to Windmill vehicles.
Discussion about the screening and correcting any issues with that.
Toole — The board is here to decide if the complaint has merit.
McCarthy — Feels that the spirit of the decision appears not to limit this to just Windmill vehicles. As far as defining
what storage is, don't feel this board has to do that. This board is looking at whether or not Condition C is being
violated.
Pont and Toole think this should have been noticed.
McCarthy, Botticelli & Koseatac do not think this had to be noticed. The wording is being clarified not changed.
Condition C:
McCarthy & Koseatac feel it is clear that any vehicle can be stored on the property.
Toole & Botticelli & Poor agree that 55 vehicles on site means only 55 are to be on the site.
Toole — This will be filed and there will be an appeal period.
Extended discussion about how to move forward and what has to be done for the violation to be dismissed.
Motion
Motion to reaffirm the decision as written that allow storage of up to and limited to 55 vehicles and is not
limited to Windmill Auto vehicles. (made by: McCarthy) (seconded by: Botticelli)
Vote
Carried 4- UPoor opposed
o ADJOURNMENT
Motion to Adjourn:
4:25 p.m.
Submitted by:
Terry L. Notion
Page 7 of 7