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HomeMy WebLinkAbout2013-8-8Minutes for August 8, 2013, adopted Sept. 12 ZONING BOARD OF APPEALS 2 Fairgrounds Road 0 Nantucket, Massachusetts 02554 www.nantucket-ma.gov Commissioven: Ed Toole (Chair), Lisa Botticelli (Vice chair), Susan McCarthy (Clerk), Michael J. O'Mara, Kerim Koseatac, Mark Poor, µ MINUTES — Z o Thursday, August 8, 2013 v Public Safety Facility, 4 Fairgrounds Road, Community Room — 12:0b.mcO A Called to order at 12:12 p.m. m � m Staff in attendance: Leslie Snell, ZBA Interim Administrator; T. Norton, Town Minutes Taker -.0 2 Attending Members: Toole, Botticelli, McCarthy, O'Mara, Poor, Angelastro, Thayer ° 3 C7 f Late Arrivals: O'Mam 12:14 p.m. Z Early Departures: Botticelli 1:39 p.m. r N m Agenda adopted by unanimous consent I. June 13, 2013 — Motion to Approve. (made by: Poor) ( seconded by 'I hayerj 2. July 11, 2013 —Motion to Approve. (made by: Poor) (seconded by Thayer) 1. 025 -13 Williams C. and Shiela D Schwab 45 North Liberty Street J. Glidden Requests zoning relief to increase the groundcover of a pre- existing, non - conforming lot Sitting Toole, McCarthy, O'Mara, Angelastro Documentation File with associated plans, photos and required documentation Representing Jessie Glidden — Reviewed proposal; the lot is undersized. Structure is being increased a total 290 square feet (SF). Public None Concerns (12:30) Angelastro — Didn't see anything that would be detrimental to the neighborhood. Consensus agrees. Angelastro — If central air conditioning (A/C) is added, it must be to the rear and screened from view. Size of parking area is to remain the same. Motion Motion to Grant relief with normal construction limitations. (made by: McCarthy) (seconded by: O'Mam) Vote Carried unanimously 2. 023 -13 Bridgett Bloise Smith IOC Thirty Acres Lane Smith Request zoning relief for additional bedrooms within a pre - existing, non - conforming multi- family structure. Sitting Toole, Botticelli, O'Mara, Poor Documentation File with associated plans, photos and required documentation Representing Bridgett Smith — Will wait for the full board Public None Concerns (12:35) Toole — Explained that with only four sitting members are in attendance a unanimous vote is required for approval. Snell — Will require an extension request be signed by the applicant. Motion Motion to Continue (without opening the public hearing) to October 10 meeting. (made by: Botticelli) (seconded by: O'Mam) Vote Carried unanimously Page 1 of 5 Page 2 of 5 Minutes for August 8, 2013, adopted Sept. 12 3. 027 -13 Robert J. Dowsett and Susan E. Halley Manner Street Reade Requests inning relief to alter a pre - existing, non - conforming structure. Sitting N/A Documentation N/A Representing None Public None Concerns CONTINUED TO SEPTEMBER 12, 2013 Motion N/A Vote N/A BUSINESS HL NEW Janet S. Smith and HC Bowen Smith 26 Pleasant Street Reade 1. 032 -13 Requests zoning relief to alter and extend a pre- existing, non - conforming residential swimming pool. Sitting Toole, McCarthy, Poor, Angelastro, Thayer (Note: Thayer disclosed a financial conflict due to minor work performed at the site and attempted to recuse from acting on this application. However, conflicts reported by other Board members resulted the inability of the Applicant to obtain a full board. Attorney Reade stated that he did not object to Thayer acting on the applicant due to the nature of the work he had completed on the site in the past. Thayer stated that he could act impartially) Documentation File with associated plans, photos and required documentation Representing Arthur Result, Reade, Gullicksen, Hanley, Gifford & Cohen LLP — Willing to waive Mr. Thayer's conflict. Reviewed request for a residential swimming pool in the ROH. New pool will meet all setbacks. Not aware of opposition from abutters. Joe Topham — The existing pool is 6 feet deep. It is surrounded by a 5 &1 board fence on a 2 -foot wall. Public Concerns None (12:14) Poor— Asked for a full set of plans on the table. Asked if HDC approval is in place. (answer: yes) Angelastro — It is tripling in size and too large; would be more comfortable if the hot tub were removed. Poor — Surprised at the lack of abutter comments. The volume is much larger than the existing. McCarthy — It should be smaller. Thayer — The property is very private in that area. Angelastro — Wants the motion amended to state the fence will remain in place. Toole — The A/C needs to be moved. Questioned where the pool equipment is kept. Topham - All pool equipment will be kept in the basement where it is currently located. Motion Motion to Grant relief with the existing board fence to remain, the A/C units removed, and the pool equipment stored in the basement. (made by: McCarthy) (seconded by: Thayer) Vote Carried unanimously Page 2 of 5 Minutes for August 8, 2013, adopted Sept. 12 2. 037 -13 Beau and Nathan Barber 7 Kelley Road Barber from that the dwelling and secondary dwelling must have 20% difference in Requests wring relief the requirement primary ground coyer. Sitting Toole, Botticelli, O'Mara, Poor, Angelastro Documentation File with associated plans, photos and required documentation Representing Beau Barber— Would like to lower the profile of the existing house b when moved onto a new foundation. Garage will be eliminated and structure made more accessible for elderly. Public Michael Fee, 12 Kelley Road — Asked how the number of bedrooms would be controlled; concerned about increased traffic. Asked how to prevent this becoming a precedent for other property owner. Concerns (12:40) O'Mara — The intent of the law seemed in be to prevent the same structure built twice on the lot This and the proposed are significantly different in style. Discussion about how to address a variance request in the decision. Toole — Doesn't want to get into this issue with second dwellings because the by -law requirement is there for a reason; but the existing building is being reduced and in this case the request makes sense. Poor— Suggested including into the decision that the structure is being used to meet year -round housing needs. Snell — That would become a difficult enforcement issue. There was discussion about the intent of the by -law: read the by -law. Asked if conditions should be included to maintain the I -story and 1'/: -story difference in height. Discussion about writing into the decision that the dwellings be of adequate scale difference, at least 1' /: story for one dwelling and single story for the other. Botticelli — The number of bedrooms is controlled by Health and Building regulations. Discussion about the restrictions referencing the number of floors on each house. Botticelli — making a motion based on the site and that a structure is being re -used that would otherwise go to the Motion dump. Motion to Grant relief as requested with conditions as discussed. (made by: Botticelli) (seconded by: Angelastro) Vote Carried unanimously 3. 038 -13 Don Allen Auto Service, Inc. 10 Polpis Road Weinman Requests modification of previously granted special permit, including zoning relief to reduce the required open space and increase the width of the driveway. Sitting Toole, Botticelli, O'Mara, Poor, Angelastro, McCarthy Documentation File with associated plans, photos and required documentation Weinman Modification of a granted special permit. When approved, open space calculation Representing Rhoda — previously shown on the plan was 23.7% and the 2 -way driveway width was 24 feet. Reviewed traffic into the inspection station and perceived problems with the width of the driveway. Open space has been reduced to 16.5% and the applicant is requesting to keep the driveway width at 31 feet. Feels it is a minor change that enhances the property and pleases the neighborhood. Contends that lack of compliance with the ZBA approved site plan was not intentional. Public Susan McCarthy — Suggested the applicant provide concrete evidence that the width of the driveway is not contrary to traffic safety. Concerns (1:02) Board compared proposed plans to the approved plans. Poor— Stated that the larger opening enhances the safety feature and improvements have been substantial and enhances the area of Polpis Road. O'Mara — Agreed that visually it is much improved. Botticelli — Stated she is not happy that they disregarded the open -space requirement; they knew what they were supposed to do and did not do it. Concerned about the message approving this would send to others. Toole — Expressed frustration that they did not come back when they realized the problem instead of going ahead and doing the work then applying for the change. Board members expressed thew frustration with the work having been done with apparent disregard to the approved plan. Further discussion on the width of the driveway in regards to safety of two -way traffic. Discussion about securing an engineer to review the plans to assess the safety of traffic. Motion Motion to Continue for September 12 meeting pending a discussion with the Town engineer about the egress situation and the change in percentage of green -space if the rear paving were planted. (made by: Angleastro) (seconded by: O'Mara) Vote Carried unanimously Page 3 of 5 Minutes for August 8, 2013, adopted Sept. 12 4. 039 -13 Geoffrey Thayer 15 Washington Avenue Alger Requests zoning relief to alter and extend a pre- existing, non - conforming structure to expand the dwelling and construct an addition to the front of the structure. Sitting Toole, Botticelli, McCarthy, O'Mara, Angelastro Documentation File with associated plans, photos and required documentation Representing Sarah Alger, Sarah F. Alger P.C. — Explained the proposed project. Ground cover currently is 1265 SF, allowed Representing 1500 SF. Setback is going from 8.3 to 15.3 feet. Matt MacEachern, Emeritus Development Public None Concerns (1:32) No concerns. Motion Motion to Grant relief as requested. (made by: Botticelli) (seconded by: Angelastro) Vote Carried unanimously 5. 040 -13 Todd and Kathleen Manning 4 A Street Glidden Requests zoning relief to demolish the existing garage and construct an addition to the pre- existing, non - conforming dwelling. Sitting Toole, McCarthy, O'Mara, Poor, Angelastro, Thayer Documentation File with associated plans, photos and required documentation Representing Jessie Glidden — Total foot print will increase 40 SF and addition no closer to lot line than the structure being Board is reviewing the proposed construction is the height nonconformity, which is being reduced. removed. Setback goes back to 2.1 feet. Motion to Grant relief with no restrictions. (made by: Thayer) (seconded by: Poor) Carrie Thornewill, Thomewill Design — Essentially changing garage ground cover to living space with a net Carried unanimously increase in the protion of the structure located within the setback. More construction will be in the setback but not closer to the lot line than the current structure. Public None Concerns (1:39) Poor — Explained the fire code in regards to the wall intruding into the setback. Discussion about how the project could be made to work while meeting zoning by -laws and building code. Consensus is that this is an increase in the non - conformity and that is an issue. Motion Motion to Continue to September 12 meeting. (made by: Poor) (seconded by: McCarthy) Vote Carried unanimously 6. 041 -13 Alexander Davis and Michael Sanover 11 Lincoln Avenue Reade Requests zoning relief to alter the location of the existing structure, which will alter the location of the existing height non- conformity. Sitting Toole, McCarthy, Poor, Angelastro, Thayer Documentation File with associated plans, photos and required documentation Representing Arthur Reade, Beadle, Gullicksen, Hanley, Gifford & Cohen LLP — Moving the house away from the bluff; house height is 31.4 feet above grade; with the move the overall height is being reduced to 30.9 feet above grade. All else complies. Ray Pohl, Botticelli & Pohl — End result will still be above 30 feet but less. Arthur D. Gasbarro, Blackwell and Associates Inc. Public None Concerns (1:55) Poor — No concerns. McCarthy — Would be willing to put the dates on if it is usually imposed in that area. Discussion about whether or not to attach construction date restrictions. Snell — Stated that in this case it is reasonable for the Board not to impose the restriction because the only reason the Board is reviewing the proposed construction is the height nonconformity, which is being reduced. Motion Motion to Grant relief with no restrictions. (made by: Thayer) (seconded by: Poor) Vote Carried unanimously Page 4 of 5 Minutes for August 8, 2013, adopted Sept. 12 7. 042 -13 Barbara W. Schweizer 6 Jefferson Avenue Reade Requests zoning relief to place a new foundation under the existing structure, which will result in a structure height that exceeds the 30 -foot maximum. Sitting Toole, McCarthy, Poor, Angelastro, Thayer Documentation File with associated plans, photos and required documentation Representing Arthur Reade, Reade, Gullicksen, Hanley, Gifford & Cohen LLP — Height is presently is 29.7 above grade; raising the first floor above the flood plain will increase that height to 32.5 feet above grade. John Stover, Stover Engineering —Not going to elevation 10 will affect the owner's ability to get flood insurance when the new flood levels go into effect. Explained construction details, which result in a slightly higher height than calculated by to Board. Public None Concerns (2:05) Poor— Asked why they are going to 10.5 when they could go to 10.1 and not need a variance. Have the ability to come back in to ask for an extension of exterior construction. Motion Move to Grant relief as requested with construction date restrictions. (made by: Angelastro) (seconded by: Thayer) Vote Carried unanimously 8. 043 -13 Douglas P. and Deirdre N. Traynor 13B Willard Street Dale Requests zoning relief to relocate the existing cottage, raise the cottage to comply with FEMA requirements, and to add a second story to the cottage within the existing footprint. Sitting Toole, McCarthy, Poor, Angelastro, Thayer Documentation File with associated plans, photos and required documentation Representing Kevin Dale, Vaughan, Dale, Hunter and Beaudette, P.C. — Raising the house to comply with FEMA requirements, move will comply with setbacks and the applicant proposes adding a second floor. The HDC approval might reduce the final height above grade. The lot is nonconforming because of the three pre - existing dwelling units. The other condo - owners have provided written approval for the work. Arthur D. Gasbarro, Blackwell and Associates Inc. Public None Concerns (2:16) Toole —Read the abutter's letter. Motion Motion to Grant relief as requested with a no construction date restrictions. (made by: Angelastro) (seconded by: Poor) Vote Carried unanimously 1. McCarthy asked when the Board would be discussing exterior construction restrictions. Snell — Will put on the October meeting agenda. 2. Snell reminded the Board they wanted to talk about Warrant Articles; asked for input to have it on September 12 agenda. 3. Discussion about enlarging non - conforming lots to be less non - conforming covered by 139 33A8. 4. Mr. Thayer complimented staff on the new packet format. Motion to Adjourn: 2:30 p.m. (made by: Angelastro) (seconded by: Thayer) Carried unanimously Submitted by: Terry L. Norton Page 5 of 5