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HomeMy WebLinkAbout2013-11-14Minutes for November 14, 2013, adopted Dec. 12, 2013 ZONING BOARD OF APPEALS 2 Fairgrounds road 18 Nantucket, Massachusetts 02554 www.nanWeket -rm env Commissioner,: Ed Toole (Chair), Lisa Botticelli (Vice chair), Susan McCarthy (Clerk), Michael J. O'Mara, Karim Koseatac, Mark Poor, Michael Anaelaatro. Geoff Thaver September 12 & October 10 — Motion to Hold for December 12. (made by: Thayer) (seconded by Botticelli) Carried unanimously I. 023 -13 Bridgett Bloise Smith CONTINUED TO JANUARY 9, 2014 2. 040 -13 Todd and Kathleen Manning CONTINUED TO DECEMBER 12, 2013 3. 047 -13 Charles and Susan Dragon CONTINUED TO JANUARY 9, 2014 4. 064 -13 William F. Hooter, as Trustee of The 1908 Realty Trust CONTINUED TO JANUARY 9, 2014 5. 069 -13 John McDermott and Victoria McManus CONTINUED TO DECEMBER 12, 2013 Page 1 of 6 Acres Lane 4 A Street J. Glidden 32 Friendship Lane Bailey 47 Monomoy Road Alger 14 Wood Hollow Road Norton ---- MINUTES ---- Thursday, November 14, 2013 z do Public Safety Facility, 4 Fairgrounds Road, Community Room -40 pv H Called to order at 1:08 p.m. cz L � Z Staff in attendance: � Leslie Snell, ZBA Interim Administrator; T. Norton, Town Minutes Takemrl y � M Attending Members: Toole, Botticelli, McCarthy, Koseatac, Poor, Thayer —+ rn Absent Members: O'Mara, Angelastro F 3 Late Arrivals: None z m Early Departures: None Agenda adopted as amended r by unanimous consent A rV September 12 & October 10 — Motion to Hold for December 12. (made by: Thayer) (seconded by Botticelli) Carried unanimously I. 023 -13 Bridgett Bloise Smith CONTINUED TO JANUARY 9, 2014 2. 040 -13 Todd and Kathleen Manning CONTINUED TO DECEMBER 12, 2013 3. 047 -13 Charles and Susan Dragon CONTINUED TO JANUARY 9, 2014 4. 064 -13 William F. Hooter, as Trustee of The 1908 Realty Trust CONTINUED TO JANUARY 9, 2014 5. 069 -13 John McDermott and Victoria McManus CONTINUED TO DECEMBER 12, 2013 Page 1 of 6 Acres Lane 4 A Street J. Glidden 32 Friendship Lane Bailey 47 Monomoy Road Alger 14 Wood Hollow Road Norton Minutes for November 14, 2013, adopted Dec. 12, 2013 Ul. NEW Ill SINFS� 1. 075 -13 Michael Lynch 58A Orange Street Alger Requests Special Permit relief to demolish existing structure, construct a new two -story residential structure and proposes minor changes to the shape of the lot. Sitting Toole, Botticelli, McCarthy, Koseatac, Thayer Documentation File with associated plans, photos and required documentation Representing Sarah Alger, Sarah F. Alger P.C. — Proposal will convert pre - existing non - conforming use to a conforming use — single family dwelling. The new structure will have 3 -foot setback all the way around. Explained they are in conversation with the neighbor about swapping a sliver of land. Have offered to not have trash bins on the west or south side of the property, not do construction in accordance with in -town policy, take steps m ensure the neighbor's property is not damaged by construction, and drainage will remain as it is. The air - conditioning units (A/C) will go in the rear not in the setback. Explained what will be done. Steve Roethke, S.M. Rootlike Design — Clarified there is no place for the A/C that is not in the setback. Suggested not including the A/C in the decision at this time. Public Steven Cohen, Reade, Gullicksen, Hanley, Gifford & Cohen LLP, for 67 Orange Street— States that in general his client supports the project, and he foresees no reason the land swap would not take place. Urged the board to grant the approval based upon the plans before them today. Explained an issue with the height of the structure. Okay with the A/C going into a window well in the northwest comer 3 feet from the property as long as there is sound mitigation. Judy Lee, 69 Orange Street — Noise is a concern and would prefer open windows over A/C. Concerns (1:11) Discussion about how the lot would change with a potential land swap with the abutter. Botticelli — Would like to have a survey copy of both plot plans, with and without the swap, in the event the swap does not take place. Thayer —Not sure what the board is being asked to vote on — which site plan. Alger — Asked the board to vote on the site plan showing the swap of land. If the swap does not take place, she will come back for an amendment. Koseatac — Measures must be taken to prevent the road from collapsing due to the proximity of construction. Further discussion about whether or not the board can approve this based upon a site plan that is theoretical. Discussion about whether or not to place a height restriction on the structure. Further discussion about approving the site plan based upon the land swap, which has not yet occurred. Snell — Recommend voting on the plan in front of them. If it is necessary, the applicant will come in to modify the plan. Toole — Even if the A/C is in an alcove under the building, they should be no closer than 5 feet from the property line. Discussion about whether or not the board needs to get involved in the drainage situation. No grade change could be part of the decision. Koseatac — Reiterated that the road and abutting property need to be protected during construction of the basement. Snell — The Building Commissioner and Director DPW have been working closely to ensure surrounding roads are protected. Pointed out that anything put in the decision becomes a zoning enforcement issue and the board needs to bear in mind the ability to enforce the placement of the steel sheeting. Discussion about the enforcement of sheathing to protect the abutting property and road. No decision on the A/C will be made at this time. Some members believe the A/C should be put under the structure with the building cantilevered over it. Discussion about the exterior construction restriction dates. Snell — Reviewed the conditions for the permit. Parking is to be part of the permit. Motion Motion to Approve the relief as requested in Exhibit A with the restrictions as noted. (made by: Botticelli) (seconded by: Koseatac) Vote Carried unanimously Break 2:08 to 2:09 Page 2 of 6 Minutes for November 14, 2013, adopted Dec. 12, 2013 2. 070 -13 Harvey E. Lynch as Owner, and Cathy Mack as Applicant 3 Newtown Road Mack Requests Modification to a previously issued Special Permit for a "doggie day- care" facility, to modify the maximum allowance of the number of dogs allowed at the facility from five (5), to ten (10) maximum. Sitting Toole, Botticelli, McCarthy, Koseatac, Thayer Documentation File with associated plans, photos and required documentation Representing Cathy Mack, applicant — Request to expand the pet care service by 5 dogs to a total of 10 dogs. The Hoppers are the only neighbors in opposition to the project. There have been no complaints. Stated she owns 2 dogs, has three day- care dogs, and is asking for 5 more dogs. Hours are weekdays only from 7a.m. to 5 p.m., not open on holidays. There Public is no boarding. The dogs are screened for behavior and socialization with other dogs and children; they can't be Concerns barkers. Added that she picks up the fecal matter regularly throughout the day. Public None Concerns (2:09) Snell — Stated that she checked the police record — there are no complaints against Ms Mack. Vote Review of the letters of support. Koseatac —No issues. The applicant has done everything the board asked. Thayer — No concerns. Toole —Asked if the relief is specific in this applicant only. This should be conditioned to this business owner only; and ask if the board would want to review this again in a year. Snell — The original condition did not include for this applicant only; but that could be added now. Also, if the board is going to require Ms Mack to come back for a review in one year, language should be added about what might happen if complaints are made about the dogs. McCarthy — Suggested that if there are no complaints, the "review" could be handled at the staff level. Consensus is that the permit should specify this applicant only. Discussion on the motion: whether or not to require a yearly review. Motion Motion to Approve the relief as requested with the new conditions: specific to this applicant and if there are any complaints, she needs to come back to the board. (made by: Botticelli) (seconded by: McCarthy) Vote Carried 3. 071 -13 John I and Julie A. Palermo 49A Pleasant Street Palermo Requests Special Permit relief and to alter a pre - existing nonconforming structure, containing a pre-existing nonconforming use (retail /take -wt), to a conforming use (residential). Sitting Toole, Botticelli, McCarthy, Koseatac, Thayer Documentation File with associated plans, photos and required documentation Representing Julie Palermo, owner — Reviewed history of the property. The commercial use was abandoned 3 or 4 years ago. This will become purely a residence. Public None Concerns (2:24) Toole — Disclosed that his wife used to be part owner of the structure; there is no longer any financial connection. Snell — This is in the ROH district, but the use as commercial was abandoned over 3 years ago. This application is for the board to allow the change from commercial to residential. They can't go back to commercial anyway. Parking on the site needs to be allowed. Discussion about there being no need to waive the parking. Motion Motion to Approve as requested. (made by: Botticelli) (seconded by: Koseatac) Vote Carried unanimously 4. 072 -13 FAO Nominee Trust 29 Orange Street Cueto Requests Special Permit relief alter and extend a pre - existing nonconforming structure. Sitting Toole, McCarthy, Koseatac, Poor, Thayer Documentation File with associated plans, photos and required documentation Representing Rick Beaudette, Vaughan, Dale, Hunter and Beaudette, P.C. — Proposed alterations to a pre- existing, non- conforming dwelling as per the side -yard setback and height. Additions to the north and south will be conforming to all setbacks and height. This was submitted on an administrative basis; but the current administrator has a conflict of interest. Asked for a review and signature today. Public None Concerns (2:31) No concerns. Discussion about signing the permit. Motion Motion to Approve as requested. (made by: Koseatac) (seconded by: McCarthy) Vote Carried unanimously Page 3 of 6 Minutes for November 14, 2013, adopted Dec. 12, 2013 5. 074 -13 Mark S. Fleming, as Owner, Jessie Glidden as Trustee of the 10 Rosemary Way Nominee Trust, as Applicant 6. 076 -13 Keith Block and Suzanne Kelley 3 Sherburne Turnpike Cohen Requests Special Permit relief to validate unintentional side yard setback intrusion and to construct an addition to the main dwelling which complies with all setback requirements. Sitting Toole, McCarthy, Koseatac, Poor, Thayer Documentation File with associated plans, photos and required documentation Representing Steven Cohen, Reade, Gullicksen, Hanley, Gifford & Cohen LLP — Explained how the structure ended up being constructed within the 10 -foot setback. There will be a small addition to the east side; the intrusion is on the west side. Public None Concerns (2:55) No conditions. Motion Motion to Approve as requested. (made by: Thayer) (seconded by: Koseatac) Vote Carried unanimously 7. 077 -13 Steven Cohen, as Trustee of 62 Walsh Street Trust 62 Walsh Street Cohen Requests Variance relief from the requirement that the ten (10) foot front yard setback be maintained from Walsh Street and Dix Street. Applicant proposes to maintain the setback from Walsh Street, and seeks relief from the requirement as it applies to the Dix Street frontage. Sitting Toole, McCarthy, Koseatac, Poor, Thayer Documentation File with associated plans, photos and required documentation Representing Steven Cohen, Reade, Gullicksen, Hanley, Gifford & Cohen LLP — Used to be a comer lot until the front portion of Dix Street was legally closed to traffic; one section of Dix Street was not transferred at that time. Have asked Planning to have this small stretch of Dix Street added to the yard sale plan; that would happen at Annual Town Meeting. Requesting the relief allows the structure to be built without waiting for Town Meeting to approve the yard sale. Public None Concerns (3:03) Toole — Paraphrased a letter of opposition from an abutter: no plan showing the house and can't determine the impact of the construction. McCarthy — Paraphrased a letter of opposition from Ruth Connors Baltzer, 66 Hulbert Avenue: setback requirements are too liberal, the setbacks and the street provide buffers between neighbors, granting the relief will affect the density of the neighborhood. Stated she has no issue with granting the variance. Koseatac — Should put on exterior construction restriction. Toole — He feels a plan needs to be attached showing the portion of the setback that would be allowed to be encroached upon. Motion Motion to Approve with the exterior construction restriction. (made by: Koseatac) (seconded by: McCarthy) Vote Carried unanimously Page 4 of 6 10 Rosemary Way Glidden Requests Special Permit relief to allow the use of the site to include a contractor's shop with interior and exterior storage and warehousing. Sitting Toole, Botticelli, McCarthy, Koseatac, Poor, Thayer Documentation File with associated plans, photos and required documentation Representing Richard Glidden, Glidden and Glidden — His client is the contract purchaser and intends to build a 3 -bay structure, one of which will be his office and rent the other two to contractors. The proposal meets the green space and parking requirements; it has a loading zone and is an allowed use as a contractor shop. Suggested approving what is before them today, and if anyone wants to have exterior storage, they are to come back before the board. Public Gregory Stone — Asked about hours of operation and if landscaping contractor would be allowed. Concerns (2:37) Toole — Asked if a carpenter might be allowed rent a bay in which there might be manufacturing. Snell — Read the definition that does not allow a cabinet shop or exterior storage. There are 2 extra parking spaces. Suggested that an apartment should be allowed without requesting the parking. Hours of operation: Ms Snell re -read the definition of a contractor shop. A landscape contractor is not allowed under the definition of the contractor shop. Discussion about screening. Motion Motion to Approve as requested to include one apartment and with screening in the form of a hedge or stockade fence around the perimeter. (made by: Thayer) (seconded by: Koseatac) Vote Carried unanimously 6. 076 -13 Keith Block and Suzanne Kelley 3 Sherburne Turnpike Cohen Requests Special Permit relief to validate unintentional side yard setback intrusion and to construct an addition to the main dwelling which complies with all setback requirements. Sitting Toole, McCarthy, Koseatac, Poor, Thayer Documentation File with associated plans, photos and required documentation Representing Steven Cohen, Reade, Gullicksen, Hanley, Gifford & Cohen LLP — Explained how the structure ended up being constructed within the 10 -foot setback. There will be a small addition to the east side; the intrusion is on the west side. Public None Concerns (2:55) No conditions. Motion Motion to Approve as requested. (made by: Thayer) (seconded by: Koseatac) Vote Carried unanimously 7. 077 -13 Steven Cohen, as Trustee of 62 Walsh Street Trust 62 Walsh Street Cohen Requests Variance relief from the requirement that the ten (10) foot front yard setback be maintained from Walsh Street and Dix Street. Applicant proposes to maintain the setback from Walsh Street, and seeks relief from the requirement as it applies to the Dix Street frontage. Sitting Toole, McCarthy, Koseatac, Poor, Thayer Documentation File with associated plans, photos and required documentation Representing Steven Cohen, Reade, Gullicksen, Hanley, Gifford & Cohen LLP — Used to be a comer lot until the front portion of Dix Street was legally closed to traffic; one section of Dix Street was not transferred at that time. Have asked Planning to have this small stretch of Dix Street added to the yard sale plan; that would happen at Annual Town Meeting. Requesting the relief allows the structure to be built without waiting for Town Meeting to approve the yard sale. Public None Concerns (3:03) Toole — Paraphrased a letter of opposition from an abutter: no plan showing the house and can't determine the impact of the construction. McCarthy — Paraphrased a letter of opposition from Ruth Connors Baltzer, 66 Hulbert Avenue: setback requirements are too liberal, the setbacks and the street provide buffers between neighbors, granting the relief will affect the density of the neighborhood. Stated she has no issue with granting the variance. Koseatac — Should put on exterior construction restriction. Toole — He feels a plan needs to be attached showing the portion of the setback that would be allowed to be encroached upon. Motion Motion to Approve with the exterior construction restriction. (made by: Koseatac) (seconded by: McCarthy) Vote Carried unanimously Page 4 of 6 Minutes for November 14, 2013, adopted Dec. 12, 2013 8. 078 -13 Katherine Ann McClusky, as Owner, Brian Fogarty, as Applicant 3 Traders Lane Jensen Requests Special Permit relief to alter and extend a pre- existing nonconforming structure on a pre- existing nonconforming lot. Sitting Toole, Botticelli, McCarthy, Koseatac, Poor Documentation File with associated plans, photos and required documentation Representing Paul Jensen, for Brian Fogarty the contract purchaser. The proposal is to raise the ridge a couple of feet and change the roof line. Also asking for relief to temporarily pick up the house to repair /replace the foundation. The lot is undersized with nonconforming ground cover and setback. Public None Concerns (3:18) Discussion about why the building has to be lifted for a new foundation to be constructed interior to the existing foundation. The support beams from lifting will intrude upon the neighbor's property. Toole — Does not understand why the building is being raised when the foundation is 4 feet inside the existing foundation. Botticelli — Do not think the lifting itself is a concern as long as the structure comes back to the original height. McCarthy— Agrees with Ms Botticelli. Poor— The lifting and foundation are not within ZBA's prevue. Discussion on the motion. Snell — The project does require relief to pick it up and put an existing non - conforming structure back down on a new foundation. Discussion about adding language in regards to the fact that this is being lifted and shoring it up and protecting the adjacent properly. Motion Motion to Approve with discussed conditions. (made by: Poor) (seconded by: Koseatac) Vote Carried unanimously 9. 079 -13 Donald Smith 47 Tom Nevers Road Jensen Requests clarification of the Variance decision to establish the ten (10) foot side and rear yard setbacks on the site and in the alternative, seeks Modification of said Variance decision to establish ten (10) foot side and rear yard setbacks. Sitting Toole, Botticelli, McCarthy, Koseatac, Poor Documentation File with associated plans, photos and required documentation Representing Paul Jensen — Explained the situation that led to the structure being built within a 20 -foot setback. The lot was designated as under common control, and the 1987 Variance does not address setback at all. The property is buildable only by virtue of the original Variance. Public None Concerns (3:37) Poor— Asked why the entire lot should be validated when the concern is around the comer of a deck and a small shed. Suggested considering this as an unintentional setback intension. Discussion about clarifying the 1987 Variance. Snell — Explained the situation about this lot and the original Variance. That Variance did not address setback. Explained that under zoning, 10 feet is allowed for a setback. Toole — By virtue of the Variance, which grandfathered the lot, the 10 -foot setbacks are okay. Suggested granting 10 feet on the back lot line with the rest 20. Motion Motion to Approve the relief on the side and rear. (made by: Botticelli) (seconded by: Koseatac) Vote Carried unanimously 10. 080 -13 John P. and Susan D. DeAngelis 109 Baxter Road DeAngelis Requests Variance relief to eliminate the front yard setback requirement and proposes to combine their existing lot with additional land to be licensed for use as a single lot and relocate the existing structure to maximize the distance between the structure and the eroding coastal bluff. Sitting Toole, Botticelli, McCarthy, Koseatac, Thayer Documentation File with associated plans, photos and required documentation Representing John DeAngelis — Need to be able to pull a permit, lift the house and start digging the whole. Public None Concerns (3:53) Snell — The applicant has been working with the Building Commission who is willing to expedite a permit for a temporary move to lift the building. Motion Motion to Approve as requested. (made by: Koseatac) (seconded by: McCarthy) Vote Carried unanimously Page 5 of 6 Minutes for November 14, 2013, adopted Dec. 12, 2013 11. 081 -13 The McGilvray Family Trust, as Owner, Erika M. Rosato as Applicant 30 Rhode Island Road Wilson Requests Variance relief in order to reduce the required front and side yard setbacks to eight (8) feet and three (3) feet, respectively, where twenty (20) feet and ten (10) feet are required in order to relocate the existing structure away from the eroding coastline. Sitting Toole, Botticelli, McCarthy, Koseatac, Poor, Thayer Documentation File with associated plans, photos and required documentation Representing Michael Wilson — If the structure can't be relocated, it is possible the entire house will succumb to erosion. For the record, objected to the letter, from 28 Rhode Island Avenue, if in fact it did come in after the submission deadline. Arthur D. Gasbarro, Blackwell and Associates Inc. — There is an existing driveway which would continue to be parking for one car; a space could be created to the west of the house. New parking would require an amendment to the Conservation Commission Order of Condition. Public None Concerns (3:57) McCarthy — Reviewed a letter from 28 Rhode Island Avenue; explained it came in late. Botticelli —Asked where parking will take place; it doesn't show on the plan in the packet. The Board would have to make a decision that there is no legal parking on the property. Snell — There is no request to waive the parking. Explained that the process was expedited at the applicant's request; the abutter did not get the notification letter far enough in advance to submit a letter by the deadline. In that case it is incumbent upon the applicant to ensure nothing has been added to the file. Botticelli — Wants it clear in the permit that this is because the building is in danger. Motion Motion to Approve as requested due to the unique situation. (made by: Botticelli) (seconded by: Thayer) Vote Carried unanimously 12. 073 -13 Eighteen Broad Street, LLC as Owner and Ethan Dupree as Applicant I S Broad Street Weinman Requests Modification to a previously issued Special Permit to modify the allowed uses to include a caf€ in the basement. Applicant requests a waiver of four (4) additional parking spaces and the off-street loading zone to the extent necessary. Sitting Toole, Botticelli, McCarthy, O'Mara, Koseatac, Poor, Angelastro, Thayer Documentation File with associated plans, photos and required documentation Representing Rhoda Weinman — There will be no cooking on site. Applicant is seeking a license to sell wine on site. Reviewed the past waivers for parking. In 1986, the loading zone was waived but asking for ratification of the waiver. Hours of operation are subject to the decision by the Board of Selectmen. Public None Concerns (4:09) Snell — Include language in decision validating the previous relief for a loading zone. Motion Motion to Approve the relief. (made by: Koseatac) (seconded by: McCarthy) Vote Carried Unanimously 1. OTHER I. Appointment of Eleanor W. Antonietti as a Zoning Administrator pursuant to Zoning Bylaw Section 139 -29C. Motion to Appoint Eleanor W. Antonietti as Zoning Administrator. KB (made by: ) (seconded by: ) Carried unanimously 2. ADJOURNMENT Motion to Adjourn: 4:20 p.m. Submitted by: Terry L. Norton Page 6 of 6