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HomeMy WebLinkAbout2013-9-12Minutes for September 12, 2013, adopted Feb. 13, 2014 RECEIVED ZONING BOARD OF APPEALS,,, F76 26 P(1 1 L3 2 Fairgrounds Road 0 Nantucket, Massachusetts 02554 ;,;�,t;,�,j;gETT0W,`i0LERK www.nantucket -ma eov Commissioners: Ed Toole (Chair), Lisa Botticelli (Vice chair), Susan McCarthy (Clerk), Michael J. O'Mara, Karim Koseatac, Mark Poor, Michael Aneelastro Geoff Tha er --- MINUTES — Thursday, September 12, 2013 Public Safety Facility, 4 Fairgrounds Road, Community Room —12:00 p.m. Called to order at 12:08 p.m Staff in attendance: Leslie Snell, ZBA Interim Administrator; Marcus Silverstein, Zoning Enforcement Officer; T. Norton, Town Minutes Taker Attending Members: Toole, Botticelli, McCarthy, O'Mara, Koseatac, Angelastro, Thayer Late Arrivals: None Early Departures: O'Mara 2:00 p.m. Agenda adopted by unanimous consent 1. APPROVAL OF MINUTES L August 8, 2013 — Motion to Approve. (made by: O'Mara) (seconded by: Botticelli)Carried unanimously CONTINUED TO 2. 027 -13 Robert L Dowsett and Susan E. Halley WITHDRAWN Page 1 of 10 10C 3 Fanner Street Reade Minutes for September 12, 2013, adopted Feb. 13, 2014 3. 038 -13 Don Allen Auto Service, Inc. 10 Polpis Road Weinman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, McCarthy, O'Mara, Angelastro Documentation File with associated plans, photos and required documentation Representing Rhoda Weinman — There are two issues: The two -way driveway width and the open space being removed from the rear of the building. Cited a letter from Kam Buzanoski, Director Department of Public Works, that stated a 31 -foot driveway is appropriate for this non - residential use and that 24 -foot wide was too small and suggested adding a center -line stripe. The client is willing to add an in arrow and an out arrow. Will plant trees and hydrangeas for screening and would like to offer additional planting in the front in exchange for the reduction in the 20% open space. Public Steven Cohen — A number of members have stated they don't want something in the roadway, which is not consistent with a lot of permits for commercial beautification of roads. The plantings are a common condition for commercial business. Concerns Toole — With the original plan, the opening was 23 feet and all the parking worked. Discussion about the client's proposed planting plan. McCarthy — Concerned about the planting of trees. There is a benefit gained by the applicant in not following what the board asked them to do. Stated her opinion that it seems self - serving and that she doesn't see a benefit to the community in the reduction of open space. Angelastro — Applicant came to this board with a plan that was approved; but they went ahead and did something different. Now the applicant is back trying to get that approved; stated that he finds that irritating. Allowing this would open the door for other applicants to misrepresent their project then do what they choose rather than what was approved. Toole — Pointed out that the planting bed to right of the entrance is partly in the roadway and the rest is only about 1- foot wide. Stated his belief that what the client did was in total disregard of the approved plan. Further discussion about the change in the approved amount of paving versus the amount of green space and why. McCarthy — Cited the email from Ms Buzanoski: it did not say that "24 -feet is too small'; it stated the "24 -foot opening can be too small." 24 -feet can be too small for cueing; but that was provided for with the cueing occurring further into the lot. Consensus is that in and out arrows are a good idea in any case. Botticelli — Stated she doesn't mind the reduction to 20% open space, which is allowable; but don't see a reason to give them a variance for a special permit. The planting should definitely be out of the roadway. Discussion of ways to modify the paving in such a way as is acceptable by the board. Angelastro — Pointed out that the air conditioning (A/C) and propane tanks are within the setback. Botticelli — Stated that the propane tanks are pre- existing; the A/C needs to be moved out of the setback. Further discussion about adjusting the plan and the proposed plants. Toole — Stated that the approved plan did not reflect anything in the roadway; that should have been discussed up front. Stated his opinion that he would like to see asphalt in front of the air shaft removed that space beautified. Snell — On the topic of improvements within the roadway layout, stated she agrees with the applicant that the open space to the rear does not have a view to the public. Stated the belief that the board should consider an exchange of open space in back for streetscape improvement along the front on the road. Extensive discussion among board members with Ms Weinman in come to a consensus of an approvable plan the applicant can bring back. Motion Motion to continue to 10/10/2013 (made by: Angelaama) (seconded by: Botticelli) Vote Carried unanimously 4. 040 -13 Todd and Kathleen Marring 4 A Street J. Glidden CONTINUED TO 10/10/2013 Page 2 of 10 Minutes for September 12, 2013, adopted Feb. 13, 2014 Page 3 of 10 1. 044 -13 Ronald K. Bamber 159 Orange Street Cohen Appealing a Cease and Desist Order from the Zoning Enforcement Officer regarding an asserted violation of the driveway access requirements of the Zoning Bylaw. Specifically, the Applicant was cited for exceeding the permitted number of curb cuts. Sitting Toole, Botticelli, McCarthy, Koseatac, Angelastro Documentation File with associated plans, photos and required documentation Representing Steven Cohen, Reside, Gullicksen, Hanley, Gifford & Cohen LLP - Two pre - existing non - conforming driveways dated from 1950s and 1984. Contends that Mr. Bamber has used that driveway for personal access since 1991 sufficiently enough to support its continued existence and that at no time was it abandoned. Asking the board to overturn the Cease and Desist Order. Pointed out that the driveway is a structure not a use, and that a structure is not abandoned. Contended that the presence of the chain confirms the use not the abandonment of the driveway. Ronald Bamber- Explained that the driveway has been used for landscaping vehicles and has photos to prove it. Public 7777 - Stated that he has pulled his 19 -foot Grady -White in there every year. Concerns Silverstein - This is not about the fact that there used to be a driveway providing access from Orange Street; the remnant of the apron is proof. This is about abandonment. The as -built survey clearly shows that no later than October 2, 1991 Mr. Bamber abandoned this access off Orange Street in favor of access to the property from West Creek Road; aerials support from 1998 and 2003 support that. Stated that vehicles parked in that driveway were put there for sale. Botticelli - Asked Mr. Cohen what the intent is for the driveway off Orange Street (Answer: The building is rented and people are using it. The two driveways connect.) As she understands it, people come in one side and go out the other. Toole - Asked Mr. Cohen why the 1991 as -built survey shows only the access off West Creek Road. (Answer: Stated he doesn't know.) Angelastro - Doesn't feel any more time needs to be spent on this; the driveway and the curb cut are there. Snell - Stated that the Planning Board does not feel a special permit is necessary and a letter is forthcoming that suggests the board overturn the violation. Pointed out that the violation is for "construction of a secondary access.- The by -law defines a driveway access "A vehicular access point onto a public way, private way or any way customarily used by the public." Old photos indicate that the access has never been abandoned; evidence is compelling that there has been no construction. Motion Motion to Waive the fee. (made by: Koseatac) (seconded by: McCarthy) Vote Carried unanimously Motion to uphold the appeal of the applicant and overturn the Cease and Desist Order. (made by: Angelastro) (seconded by: Koseatac) Vote Carried unanimously Page 3 of 10 Minutes for September 12, 2013, adopted Feb. 13, 2014 2. 045 -13 Joseph Armstrong, owner and Robert Von Kampen, applicant 3 Perry Lane Von Kampen Requests zoning relief to construct a multi -bay structure for use as a contractor's shop, landscape contractor's shop, boat storage, and interior storage and warehousing. Zoning relief from required off - street parking to the extent necessary and from the off - street loading and open space requirements are also requested. Sitting Toole, Botticelli, McCarthy, Koscatac, Angelastro Documentation File with associated plans, photos and required documentation Representing Robert Von Kampen, applicant — Propose to build a 6 -bay storage /shop -space building. There will be no on -street parking or loading. Contends the street parking is associated with residences in the area, not him. 3 bays are for his use and 3 bays are for boat storage. Public Jason Olbres, 8 Perry Lane — Discouraged the hoard to require the applicant to do any screening of the perimeter. Mark King, abutter— Cited his letter to the board, which is in the record. Concerns Snell — The applicant is asking for a waiver of the loading zone because there is clearly enough room for vehicles in load and un -load but the zoning by -law requires a dedicated loading zone. For this structure, the required parking is 4.4 spaces. The use is for vehicles that come and go; they don't park and stay. Toole — Spaces 1 -3 are in front of one bay. There are photos provided by the neighbors that show is parking in the street. Botticelli — He is requesting a special permit release from the open space, and she's not sue about that. He has 13percent and that is not close. Discussion about how open space could be increased based upon Ms Snell's recommendations and come to an approvable layout. Angelastro — The screening should be along the front of the road where there is puking with a split -mil fence to keep people from driving or parking on the shoulder. Stated he has no problem with the off -street loading but that he could not agree to waive the 20 percent. Consensus agrees with Mr. Angelastro; open space must be 20 percent. Discussion about whether or not the board needs to see the modified plan. Snell — Reviewed what the board has agreed to. Discussion about the types of plants to be used in the screening. Motion Motion to approve the variance as read by Ms Snell. (made by: Botticelli) (seconded by: Angelastro) Vote Carried unanimously 3. 046 -13 Kenneth and Marilyn Fahrman 4 Elbow lane Fahrman Requests zoning relief to locate a shed within the required side yard lot line. CONTINUED TO 10/102013 4. 047 -13 Chutes and Susan Dragon 32 Friendship Lane Bailey CONTINUED TO 10/102013 5. 061 -13 Lynne Bolton, owner and Nantucket Theatre Institute, applicant Page 4 of 10 5 North Water Street Bolton Requests a modification to a previously issued Variance to extend the deadline to remove the tent from September 15, 2013 to October 15, 2013. Sitting Toole, McCarthy, O'Mara, Koseatac, Angelastro Documentation File with associated plans, photos and required documentation Representing Michael Kopko, for Nantucket Theatre Institute — Requesting a 30 -day extension Because Arts Council has asked for the Institute to provide programming for the Arts Festival, which runs from October 4 to 15. Planning Board has voted to allow the extension pending ZBA approval. Public Malcolm MacNab, 13 North Water Street — Stated that in his opinion, the tent has not been disruptive to the neighborhood and it has been nice having them there. Asked for the ZBA to support the extension. Kevin Dale, Vaughan, Dale, Hunter and Beaudette, P.C. —Also supports the extension. Concerns No concems or comments. Motion Motion to grant the extension to October 15. (made. by: O'Mara) (seconded by: Angelastro) Vote Carried unanimously Page 4 of 10 Minutes for September 12, 2013, adopted Feb. 13, 2014 6. 062 -13 Lance M. and Martha K. Kelley 26 Kendrick Street King Requests zoning relief to allow separate driveway access to be provided to the primary and secondary lots previously created through a special permit and an Approval Not Required (ANR) lot division endorsed by the Planning Board. Sitting Toole, McCarthy, O'Mara, Koseatac, Angelastro Documentation File with associated plans, photos and required documentation Representing Michael Wilson — A 1 -acre lot with cottage was donated to Affordable Lot program The variance request for 2 curb Representing cuts: one for the affordable lot and one for the main home occupied by the applicant Planning board has voted to allow the two curb cuts. There would also be a road maintenance fund that the purchaser of the affordable lot would have to pay into for Kendrick Street. Public Steven Cohen, Reade, Gullicksen, Hanley, Gifford & Cohen LLP — Stated that he is representing a similar request. Concerns Snell — Explained that the secondary lot section of the by -law requires the two lots to share a combined driveway Concerns access. Suggested the intent had been to maintain the character of a single lot; stated that there will be a warrant Public article to change that requirement. Motion Move to grant the relief as requested. (made by: Angelastro) (seconded by: O'Mara) Vote Carried unanimously 7. 049 -13 Kenneth C. Coffin, Inc., owner and Patricia Santos, Trustee of Toes -Co Nominee Trust, applicant 8. 059 -13 Off Spearhead Road Hanley Requests zoning relief to allow use of the site for interior and exterior storage and warehousing. To the extent necessary, Applicant is also seeking relief from the off-street loading requirement. Sitting Toole, McCarthy, O'Mara, Koseatac, Angelastro Documentation File with associated plans, photos and required documentation Representing Marianne Hanley — Currently the proposal is for exterior storage of clean trash containers and dumpster, no garbage will be brought there. In the new future will construct a storage building those items and possible for the trucks. No cleaning or servicing will take place on site. The only loading would be for the company vehicles; Spearhead Road is 40 -feet wide and can easily accommodate the loading. Public Patricia Santos — Explained the reason for the concrete pad. Re- iterated there would be no trash, washing or repairs Concerns on the site. Public None Concerns Discussion about the 20 percent open space requirement. Snell — The property is subject to the RC -2 zoning freeze. RC -2 lots may be smaller and the setbacks are less. Toole — Asked why the plant screening goes only to the edge of the building and not the whole way. Vote O'Mara — Asked if the board could require landscaping to given a time period for completion. (Answer: the structure would screen the exterior storage.) Snell — The Planning Board gave the applicant 6 months in which to install the plant screen. Suggested that the board consider screening requirements in this heavy- industry area on a case -by -case basis. Discussion on the motion: whether or not there is a need for temporary screening. Motion Move to grant the relief as requested. (made by: Angelastro) (seconded by: Koseatac) Vote Carried unanimously 8. 059 -13 William D. and Deborah Futter Cohen 81 Baxter Road Halsted Requests zoning relief in order to relocate the existing dwelling away from the eroding coastal bank and within the required front yard setback. Sitting Botticelli, McCarthy, O'Mara, Koseatac, Angelastro Documentation File with associated plans, photos and required documentation Representing Patricia Halsted — Moving away from an eroding coastal bank. West face will be Y3" from property line and first step riser will be about 3" from the property line. There will be a deck and outdoor shower on the north side which will not be in the setback. The hope is to have it moved in two months. Paul Santos, Nantucket Surveyors — There will be a 1 % increase in ground cover; but it will still be complaint. Jamie Feeley, Cottage and Castle Construction — Clarified the construction work planned. Public None Concerns O'Mara — The structure is going to 3 inches from Baxter Road, which is one huge sand block. Asked what would be done to secure that. (Answer: Will shore up with steel along property line on the roadway side.) Motion Move to approve the application as requested due to the financial hardship to the owner and the topography of the land provided that the contractor reviews the steel sheathing and no exterior construction between Memorial Day and Labor Day. (made by: Angelastro) (seconded by: Koseatac) Vote Carried unanimously Page 5 of 10 Minutes for September 12, 2013, adopted Feb. 13, 2014 9. 054 -13 F. Helmut and Caroline S. Weymar 79 Baxter Road Dale Requests zoning relief in order to relocate the existing dwelling away from the eroding coastal bank and within the required front yard setback. Sitting Botticelli, McCarthy, O'Mara, Koseatac, Angelastro Documentation File with associated plans, photos and required documentation Representing Kevin Dale, Vaughan, Dale, Hunter and Beaudette, P.C. — Moving away from an eroding coastal bank to be 7.6 feet Sarah Alger, Sarah F. Alger P.C. — Retreating from an eroding bank as far north as possible. Stated the belief that lot from Baxter Road, construction of a retaining wall. The lot is non - conforming. Failure to grant the relief would cause Public his applicants significant financial hardship. The goal is to have the work started in October and done by Memorial Concerns Day. There will be no change in ground cover or significant change in exterior architectural features. Public None Concerns No comments or concerns. Motion Move to grant the relief as requested due to the financial hardship to the owner and the topography of the Vote land. (made by: McCarthy) (seconded by: Koseatac) Vote Carried unanimously 10. 056 -13 Kyle L. Latshaw, and Loretta A. Yoder 113 Baxter Road J. Glidden Requests zoning relief in order to relocate the existing dwelling away from the eroding coastal bank and within the required front yard and northerly side yard setbacks. Sitting Toole, Botticelli, McCarthy, Koseatac, Angelastro Documentation File with associated plans, photos and required documentation Representing Jessie Glidden - Moving away from an eroding coastal bank to 1 foot off the line from Baxter Road and 8.4 feet Sarah Alger, Sarah F. Alger P.C. — Retreating from an eroding bank as far north as possible. Stated the belief that lot from the side line. Toscanna is ready to execute the move with work to done by Memorial Day. Public None Concerns No comments or concerns Motion Move to grant the relief as requested due to the financial hardship to the owner and the topography of the None land with no exterior construction between Memorial Day and Labor Day and shoring is required to protect Botticelli— Suggested the applicant not go all the way to 15 feet on the side setback to allow "wiggle room." No the property along the road. (made by: Botticelli) (seconded by: Koseatac) Vote Carried unanimously 11. 058 -13 Jennifer Jordan 39 & 41 Sheep Pond Road Alger Requests zoning relief in order to relocate the existing dwelling away from the eroding coastal bank and within the required front yard setback. In the alternative, Applicant seeks a finding that no relief is necessary based on a determination that the lot is a comer lot. Sitting Toole, Botticelli, McCarthy, Koseatac, Angelastro Documentation File with associated plans, photos and required documentation Representing Sarah Alger, Sarah F. Alger P.C. — Retreating from an eroding bank as far north as possible. Stated the belief that lot 41 does not constitute a corner lot as it is the same road looping around the property rather than two roads meeting. If the front set back has to be met on both sides bordered by Sheep Pond Road, the structure would intrude into the rear and side set back. Requesting a variance to move the structure. Public None Concerns Botticelli— Suggested the applicant not go all the way to 15 feet on the side setback to allow "wiggle room." No concerns with the interpretation of Sheep Pond Road setback on the side. Motion Move to grant the relief as requested due to the financial hardship to the owner and the eroding topography of the land (made by: Angelastro) (seconded by: McCarthy) Vote Carried unanimously Page 6 of 10 Minutes for September 12, 2013, adopted Feb. 13, 2014 12. 057 -13 76 Main Street, LLC 76 & 76R Main Street Alger Requests zoning relief to after a pre - existing nonconforming structure on a pre - existing nonconforming lot. Proposal includes exterior changes to the structures resulting in an increase in ground cover, alterations to guest and employee rooms, and conversion of the garage to a laundry facility. Applicant also seeks relief to the extent necessary from the off -street parking requirements of the Zoning Bylaw. Sitting Toole, Botticelli, McCarthy, Koseatac, Angelastro Documentation File with associated plans, photos and required documentation Representing Sarah Alger, Sarah F. Alger P.C. — Currently there are 3 existing structures on the lot; one is 41 feet tall. Requesting relief to extend the pre - existing non - conforming use. Adding an enclosed wheelchair lift and 2 window wells and one bedroom and bath for staff and an apartment for the innkeeper to the main building; this requires no change in the foot print. Adding a concrete walkway and ramp to a platform to get into the back building for H/C access to a room. Converting the use of the garage to a laundry room for employees. Ground cover increases from 38.5 to 38.8 percent. There will he a total of 12 parking spaces; reviewed the parking layout. Asking for relief from the on -street loading requirement. Most of the work is interior and should be done by the end of January. Scott Anderson, owner — Explained that the housecleaning staff don't have cars and the innkeeper parks on the street. The rooms are existing, that is a change of use request. Explained the well and propane tanks. Matt MacEachern, Emeritus Development — explained the construction of the laundry room to code. Public Ellen Foley, 74 Main Street — Reviewed concerns that were documented in a letter from the "Friends of Main Street." Parking is a serious concern. Concerns Snell — Read into the record a letter from Attorney Richard Loftin representing Mariann Appley at 69 Main Street. The letter Ms Foley referred to was inadvertently omitted from the packet. Toole— Stated that he would have liked to we the letter of the neighbors' concerns ahead of time. Discussion about the bike racks. Angelastro — Suggested continuing the application to give the board time to read the abutter letters and for the applicant to address some of those concerns. Discussion about the layout and operation of the laundry machines and its noise abatement. Discussion about the fire pits and BYOB drinking. The courtyard is cleaned up by 10 p.m. Extensive discussion about the possible conditions to the permit to include: no music, no fire pit, no accent lighting after 10 p.m. and no laundry after 8 p.m. and valet parking is required. Discussion on the motion. Motion Move to grant the relief as requested with conditions as discussed. (made by: Angelastro) (seconded by: Botticelli) vote Carried unanimously 13. 050 -13 Karen Castles Gray 7 Green Lane J. Glidden Requests zoning relief to alter a pre- existing nonconforming structure on a pre- existing nonconforming lot. Sitting Toole, Botticelli, McCarthy, Koseatac, Thayer Documentation File with associated plans, photos and required documentation Representing Richard Glidden — Asking for special relief to build an addition to be constructed over the present patio area increasing ground cover by 7.02 percent and a use change from a garage to an out - building for a non - conforming structure. Asserted that there will be no bathroom only laundry that the proposal for a studio has been withdrawn. Public None Concerns Snell — Read the recently adopted definition for an out - building which allows a property to have that and a garage. McCarthy — The plan has a bedroom, bathroom, laundry room and heated shower; this should be classified as a 2nd dwelling. Noted there is also a wet bar and microwave indicated on the plan. Toole — Stated that the plan refers to it as a studio. Thayer — This is ROH and there should be no construction from Memorial Day to Labor Day. Motion Motion to grant the relief as requested with the condition of no exterior construction from Memorial Day to Labor Day and a new site plan showing the proposed condition and the garage will be ancillary storage only and no bathroom. (made by: Botticelli) (seconded by: Thayer) vote Carried unanimously Page 7 of 10 Minutes for September 12, 2013, adopted Feb. 13, 2014 14. 060 -13 Andrew S. and Melissa L. Fisher 38 Orange Street S. Glidden Requests that the ZBA rescind previously granted special permits based on a finding that the permits are no longer applicable. To the extent necessary, Applicant seeks relief to validate the change of use from a nonconforming guest house to a conforming residence. Sitting Toole, Botticelli, McCarthy, Koseatac, Angelastro Documentation File with associated plans, photos and required documentation Representing Richard Glidden — Formerly the Four - Chimneys Guest House. Present owner uses it as a residence; but the title calls it a guest house. Asking that the original permits be suspended. The commercial use was abandoned, this is to clean up the title. Public None Concerns No comments or concerns. Motion Motion to rescind the previously granted special permits. (made by: Botticelli) (seconded by: Thayer) vote Carried unanimously 15. 048 -13 Access Nantucket, Inc. 65 Miacomet Avenue D'Elia Requests wring relief to create a primary and secondary lot that are less than the required minimum lot sin for the R -20 district. Sitting Toole, Botticelli, McCarthy, Koseatac, Angelastro Documentation File with associated plans, photos and required documentation Representing Lori D'Elia, Vaughan, Dale, Hunter and Beaudette, P.C. — Revised plan addressing concerns that were brought up after the fact. Has been used for housing by their clients; but as housing is no longer in line with their mission, they want to separate the lot and create an affordable house under the Covenant Program. By -law does not address undersized lots under these circumstances. The driveway is shared; so the shell parking on the street will be eliminated. Will add additional screening in the form of trees. The subdivision of the lot is pending before the Planning Board. The organization would face serious financial consequences if the variance is not granted. Paul Santos, Nantucket Surveyors — The by -law requires a shared access driveway. Pointed out that the board has the right to change the setback on the covenant property line. Public Steven Cohen, Reade, Gullicksen, Hanley, Gifford & Cohen LLP — Stated that he has a similar request for the relief on the agenda later. The by -law doesn't require 20,000 feet; it indicates there should be a certain division. Ron Shepherd, 63 Miacomet Avenue — Spoke in favor of the plan. Asked how the board would guarantee in the future that there would be no change in the parking or the setback. Concerns Snell — The by -law was intended to maintain a certain density and to maintain the relationship of a secondary dwelling to a primary dwelling. In this case, the density is not changing. Thayer — Stated that the parking is confusion, asked for clarification of what is proposed. Discussion about the shed and concerns that in the future another shed could be placed on the covenant property. There would be a driveway maintenance agreement. Further discussion about the proposed parking. Snell — Explained how the approved plan would be enforced in the future. Toole — Pointed out that a future owner has the right to come back and ask for a change to this permit and that there are things an owner can do that does not require a ZBA permit. McCarthy — Stated that she is willing to waive the setback for the shed only but not for the entire property line. Discussion about whether or not the owners of the individual lots can increase their ground cover. Discussion about conditions to the motion, only one shed between the two lots; and discussion about whether or not they me approving the division of the lot only or the entire plan as presented which includes the parking, screening and shed. Motion Motion to grant the relief as requested. (made by: Thayer) (seconded by: Koseatac) Vote Carried unanimously Additional D'Elia— Asked the board to place a provision in the approval that they would present that particular plan without the discussion trees and parking. She is concerned with the Planning Board decision conflicting with the ZBA decision. Toole — Stated he is very uncomfortable discussing this without Mr. Shepherd present. Stated that the board knew what they were voting on and her proposal changes Mr. Shepherd's expectations. Stated that he does not believe they can reopen the hearing without the neighbor present. Snell — The hearing was closed. The vote was taken. The neighbor is gone. They should not be discussing this. Toole — The board is not going to discuss this. Page 8 of 10 Minutes for September 12, 2013, adopted Feb. 13, 2014 16. 051 -13 Peter Zschau and Melanie Zschau 77 Washington Street Reade Requests zoning relief to increase the ground cover ratio to approximately 38.3% in order to demolish the existing dwelling and to construct a duplex structure. Sitting Toole, Botticelli, McCarthy, Koseatac, Thayer Documentation File with associated plans, photos and required documentation Representing Arthur Reade, Reade, Gullicksen, Hanley, Gifford & Cohen LLP — The property is situated in the RC district on a which is not a public way and runs between Easton and Hulbert and fors part of the rotary. Owners want to later the lotjust under 5,000 square feet which would allow for 50 percent ground cover. For this lot the groundcover would secondary structure, which is within 50 feet of the wetlands boundary. The plan involves moving the structure out of be 30 percent. It exceeds that at this time; we are asking for relief to increase the groundcover to 38.3 percent. the 25 -foot wetland setback; that move results in the separation between dwellings reduced and distance from the Reviewed the overall improvements to the neighborhood. On a residential lot, one short parking space 17X17 is setback for the unnamed way both reduced to 5 feet. Planning Board has approved the reduction of the separation permitted. between the structures. Asking for relief to reduce the setback from the way to 5 feet. Peter Zschau Public None Concerns Toole —The plan shows three parking spaces which are shown as going over the porch. One of the spaces couldn't Snell — Brought to the applicant's attention that the way is not completely private and stakes along the roadway be backed out of without hitting the porch. Said he doesn't buy the argument that the safety of the parking will be block use. improved. Discussion about the reason for the stakes and the whether or not the Way is private. McCarthy — It would be easier to back out with 38 feet rather than 18 feet; space number 3 cannot be accessed Motion to Approve relief as requested due to the topography and soil conditions. (made by: Angelastro) because of the porch. The plan should show the proper dimensions. (seconded by: McCarthy) Discussion about the need for a plan that doesn't show the parking going through the porch. Motion Motion to continue to 10/10/2013. (made by: Botticelli) (seconded by: Kosemac) Vote Carried unanimously 17. 052 -13 Arthur 1. Reade, Jr., and Stuart G. Warner, as Trustees of Blue Shutters Realty Trust 18. 053 -13 Jean E. Heron, as Trustee of Century House Realty Trust 4 Hulbert Avenue Reade Requests zoning relief to reduce the required side yard setback distance. ' Sitting Toole, Botticelli, McCarthy, Angelastro, Thayer Documentation File with associated plans, photos and required documentation Representing Arthur Reade, Reade, Gullicksen, Hanley, Gifford & Cohen LLP — Fronts on Hulbert and part of the unnamed way, Representing which is not a public way and runs between Easton and Hulbert and fors part of the rotary. Owners want to later the secondary structure, which is within 50 feet of the wetlands boundary. The plan involves moving the structure out of the 25 -foot wetland setback; that move results in the separation between dwellings reduced and distance from the setback for the unnamed way both reduced to 5 feet. Planning Board has approved the reduction of the separation between the structures. Asking for relief to reduce the setback from the way to 5 feet. Public None Concerns Discussion about and clarification of the proposed move of the secondary dwelling; applicant has all other permits. Motion Snell — Brought to the applicant's attention that the way is not completely private and stakes along the roadway Vote block use. Discussion about the reason for the stakes and the whether or not the Way is private. Motion Motion to Approve relief as requested due to the topography and soil conditions. (made by: Angelastro) (seconded by: McCarthy) Vote Carried unanimously 18. 053 -13 Jean E. Heron, as Trustee of Century House Realty Trust Page 9 of 10 10 Cliff Road Reade Requests modification of a previously issued special permit in order to remove the limitation on the single family dwelling `l.. to use of the lot by owners, and managers and employees of the guest house" Sitting Toole, Botticelli, McCarthy, Angelastro, Thayer Documentation File with associated plans, photos and required documentation Representing Arthur Reade, Reade, Gullicksen, Hanley, Gifford & Cohen LLP — Two structures pre-exist the zoning by -law. Zoning law has been amended to allow the L81 subdivision which allows the lots to be subdivided as non- conforming; that has been done through the Planning Board. The resident manager/Innkeeper has quarters in the guesthouse. lean Heron Public None Concerns No concerns. Motion Motion to Approve the relief as requested. (made by: McCarthy) (seconded by: Botticelli) Vote Carried unanimously Page 9 of 10 Minutes for September 12, 2013, adopted Feb. 13, 2014 19. 055 -13 Robert J. and Lori A. Dueberry 4 Charter Street Cohen Requests zoning relief and a modification of previously granted special permits to the extent necessary in order to divide the existing lot pursuant to the secondary lot provision of the Zoning Bylaw. Sitting Toole, McCarthy, Koseatac, Angelastro, Thayer Documentation File with associated plans, photos and required documentation Representing Steven Cohen, Reade, Gullicksen, Hanley, Gifford & Cohen LLP — Two structures: the smaller is historic, the larger is a couple of years old. Request to subdivide lot into one Affordable- housing (Nantucket Covenant Program) lot and one Market -rate housing lot and need a variance to allow the affordable lot to be of the size allowable under the by- law. The Market -rate house lot will be smaller and would need ground -cover relief. There are already two existing curb cuts and driveways. Related relief is requested to keep the parking as one -space per lot. Explained the covenant program and restrictions on the affordable property. Public None Concerns Angelastro — Disclosed that his real estate office had this property listed for sale; but it is no long listed for sale. Discussion about the Covenant program. McCarthy — Disclosed that she lives across the street. Snell — Read an email from Ken Beaugrand at 34 Fair Street, who is opposed to the relief. No concerns. Motion Motion to Approve the proposed plan and if the Planning Board does not go along with the proposed plan, move to approve the alternative plan. (made by: Angelastro) (seconded by: Thayer) Vote Carted unanimously • 2014 Meeting and Deadline Schedule — FYI Only • Warrant Articles for 2014 Annual Town Meeting (ATM): Toole— Would like to hold the discussion for when all members are in attendance. • Increase of ground cover for pre- existing nonconforming lots less than 5,000 square feet. • Change of use from nonconforming to conforming. • Alteration or extension of a preexisting nonconforming dwelling outside of the required setbacks. • Discussion of seasonal construction moratorium: Angelastro — Explained a situation in which the moratorium was ignored; asked what can be done about violators. To come back up at the next meeting for discussion. • Discussion about moving other business to the beginning of the October meeting and starting at 12:30 p.m. ADJOURNMENT V. Motion to Adjourn: 4:39 p.m. Submitted by: Terry L. Norton Page 10 of 10