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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 z n ° 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 — ,r m structures and an increase in guest rooms. m Thursday, June 13, 2013 —1 N n m Sitting Public Safety Building, 4 Fairgrounds Road, Community Room- 1:0 lt!`.m. Documentation :Z Representing None Public None Concerns Snell — No information has been received from the agent or applicant. ::a m Called to order at 1:10 p.m. z U cls co Staff in attendance: Leslie Snell, ZBA Interim Administrator; Marcus Silverstein, Zoning EnforcFpemrQFf cer; T. Norton, Town Minutes Taker 70 o 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