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HomeMy WebLinkAbout2014-1-21Minutes for January 09, 2014, adopted Feb. 13, 2014 ZONING BOARD OF APPEALS 2 Fairgrounds road 10 Nantucket, Massachusetts 02554 RECEIVED www.nantucket -fna. eov Z014 FEB 26 PIS 1 43 Commissioners: Ed Toole (Chair), Lisa Botticelli (Vice chair), Susan McCarthy (Clerk), Michael J. O'Mara, Kerim Koseatac, Mark Poor, Michael Aneelastro. Geoff Thaver µ MINUTES --- Thursday, January 09, 2014 Public Safety Facility, 4 Fairgrounds Road Community Room —1:00 p.m Called to order at 1:15 p.m. Staff in attendance: Eleanor Antonietti Administrator; Leslie Snell, Deputy Director of Planning; T. Norton, Town Minutes Agenda adopted by unanimous consent I. \PPROVAL OF MINUTES 1. 076 -II Proposed Amendments to SACHEM'S PA "fH -40B Sitting Toole, Botticelli, McCarthy, Poor Documentation Amendments to the Comprehensive Permit #076 -11 (2012) — Sachem's Path and associated files, plans, photos and Taker Attending Members: Toole, Botticelli, McCarthy, Poor, Thayer Late Arrivals: None Absent O'Mara, Koseatac, Angelastro Agenda adopted by unanimous consent I. \PPROVAL OF MINUTES 1. 076 -II Proposed Amendments to SACHEM'S PA "fH -40B Sitting Toole, Botticelli, McCarthy, Poor Documentation Amendments to the Comprehensive Permit #076 -11 (2012) — Sachem's Path and associated files, plans, photos and Page 1 of 5 required documentation Representing Andrew L. Singer, Singer and Singer, LLC — Reviewed changes requested by Massachusetts Housing Finance Agency (Mass Housing). There are no changes to the subdivision layout or structure design. Adrienne Danner, Project Manager Kevin Maguire, Oxbow Partners Project Consultant - Public None Concerns Toole— Under Page 9, Condition 4(g) would like to strike the first sentence. Page 10, Condition 7 discussion about whether or not the infrastructure was to be done in phases or completed before any construction began. Commissioners vary in how they remember that being reconciled. Page 12, Condition 19(a) discussion about deleting the reference to no rental of individual rooms in regards to other subdivision restrictions. That restriction is included in the homeowner's agreement. Page 14, Condition 22 provides for the construction mortgage to be provided on the whole subdivision and the applicant pays off the line of credit when the structure is purchased. McCarthy — Would like to see some language that protects the lender and the Town from default. Maguire — The mortgage document would provide language that there will be an inspection of infrastructure before construction starts. The lender needs appropriate collateral for individual closings. Elsewhere in the document it provides that the builder cannot get a building permit until there is a purchase and sale agreement (P &S). Toole — Stated the opinion that the purchaser should be fully qualified before construction begins. Want to avoid any properties being on the market with $2M Liens. Danner — The purchaser are expected to have pre - qualification letters from the bank before signing the P &S. Toole — The Board is not comfortable with this change in the financing. Page 15, Condition 31 construction will not start until the applicant obtains the final state approval. Toole — Stated that was not his recollection of this condition, as he recalled not even infrastructure work could begin until all inspections and permits are in place. Other Board members agree. Page 16, Condition 32 discussion about Mass Housing's interest in findings versus conditions. Concern is expressed by Board members about possibly loosing enforceability through the way the Condition is written. Motion Motion to Continue to February 13 (made by: Botticelli) (seconded by: McCarthy) Vote Carried unanimously Page 1 of 5 Minutes for January 09, 2014, adopted Feb. 13, 2014 Discussion about the status of the following applications aside from lack of quorum. 2. 023 -13 Bridget Bloise Smith IOC Thirty Acres Lane Smith Requests zoning relief for additional bedrooms within a pre - existing non - conforming multi - family structure. Continued to February 13, 2014 3. 040 -13 Todd and Kathleen Manning 4 A Street J. Glidden Request zoning relief to demolish existing garage and construct an addition to a pre - existing non - conforming dwelling. Continued to February 13, 2014 4. 047 -13 Charles and Susan Dragon 32 Friendship Lane Bailey Appealing a Cease and Desist Order regarding an asserted violation of the permitted uses section of the Zoning Bylaw: operating a landscape contractor business in a residential district. Continued to February 13, 2014 5. 064 -13 William F. Hunter, as Trustee of The 1908 Realty Trust 47 Monomoy, Rd Alger Requests zoning relief to alter and extend a relocated pre - existing non - conforming structure; in the alternative, requests relief from the maximum height requirement. Continued to February 13, 2014 6. 069 -13 John McDermott and Victory McManus 14 Wood Hollow Road Norton Appealing determinationlinterpretation that a portion of an open porch is located over a bulkhead; space was abandoned and converted to a subsurface wine cellar. Continued to April 14, 2014 7. 085 -13 Joseph W. Foley & Hams K. Delmer 8 Charter Street Beaudette Requests Special Permit relief as well as Variance relief to reduce the side -yard setbacks. Continued to February 13, 2014 8. 086 -13 Rebecca Mosinger a/k/a Moesinger 45 Surfside Road Brescher Requests Special Permit relief to renovate the existing structure to creat a take -out food establishment and baker with a two - bedroom apartment intended for employee housing. Continued to February 13, 2014 1. 01 -14 Margaret Ann Raley 5 Franklin Street Oliver Requests variance relief from side -yard setback requirements to allow construction of a porch to replace existing stoop; will reduce the pre-existing non - conforming setback. Also seeks Special Permit relief for alteration and expansion of a pre- existing non - conforming structure. Sitting Toole, Botticelli, McCarthy, Poor, Thayer Documentation File with associated plans, photos and required documentation Representing Val Oliv er— Structure was built in 1964. Margaret Raley — The porch will be on the side opposite the driveway. Public None Concerns Thayer— Expressed concern that if the porch is approved, they could come back in a few years asking to enclose it. Botticelli — There is no hardship upon which the board can base their approval of the Variance. Discussion about how the applicant can solve their problem without needing the Variance relief. Suggestion that a condition be added that applicant can't encroach more than 3 feet to the lot line. Motion Motion to Grant the relief as requested under Special Permit that the new porch get no closer to the way than the corner of the building and provide a site plan showing the location. (made by: Botticelli) (seconded by: McCarthy) Vote Carried unanimously Page 2 of 5 Minutes for January 09, 2014, adopted Feb. 13, 2014 2. 02 -14 Town of Nantucket as owner and Centre of Town, LLC as applicant 22 Federal Street Philbrick Requests Special Permit relief to alter and extend a pre-existing non - conforming structure to increase existing ground cover, to reduce open space requirement for commercial use, to validate building height of 33 feet, and to waive all requirements for on- site parking and off - street loading. Sitting McCarthy (acting chair), Poor, Thayer Documentation File with associated plans, photos and required documentation Representing Melissa Philbrick — Have time constraints and would like to work with the available board today. Need to make the structure handicapped (H/C) accessible inside and out; the structure needs major renovations; setback is on the property; need to add fire egress stairs. The goal is for the structure to be used for educational purposes. Reviewed proposed uses by floor. Propose to build a new 2 -story wing in place of the existing porch. Stated the intent is to cater to downtown residents and not people looking for destination parking. The present parking area would became green space. The "cafe" would be a non - alcoholic area for people under 21. Arthur Reade, Reade, Gullicksen, Hanley, Gifford & Cohen LLP Public None Concerns Discussion about what the parking requirements, for which the applicant is asking for a waiver, would be. Poor— Sees a number of positive changes in the non - conformity. Can add a condition about no alcohol. Thayer — Has no concerns about waiving the parking. Motion Motion to Continue to February 13. (made by: Poor) (seconded by: Thayer) Vote Carried unanimously 3. 03 -14 Joseph and Murcia Aguiar 68 Fairgrounds Road Aguiar Requests variance relief from the regularity factor requirement to allow the subdivision of an existing lot into two lots. Sitting Toole, Botticelli, McCarthy, Poor, Thayer Documentation File with associated plans, photos and required documentation Representing None Public None Concerns Not opened Motion Motion to Continue to February 13. (made by: McCarthy) (seconded by: Poor) Vote Carried unanimously 4. 04 -14 Helen Lynch I1 Milk Street Rowland Requests Special Permit relief from the ground cover requirement for an undersized lot to increase to no more than 34.5% and allow the construction of a 56 -squar-foot shed. Sitting Toole, Botticelli, McCarthy, Poor Documentation File with associated plans, photos and required documentation Representing None Public None Concerns Not opened Motion Motion to Continue to February 13. (made by: Poor) (seconded by: McCarthy) Vote Carried unanimously 5. 05 -14 Phillip Osley 12 Broad Street Osley Requests modification of previously issued Special Permit to allow the installation of a take -out window for the business known as The Juice Bar. Applicant is also seeking Special Permit relief to waive all parking requirements. Sitting Toole, Botticelli, McCarthy, Poor, Thayer Documentation File with associated plans, photos and required documentation Representing Phil Osley — Explained the project: add a take -out window on the east side; this window would be solely for use by people with handicaps that would otherwise use a lift. The roof structure, required by the Americans with Disabilities Act (ADA), extends over the sidewalk. Also will be reducing the two Broad Street doors to a single double -door entrance. Robert Newman, Sandcastle Construction Inc. Public None Concems Poor — The Board is being asked to agree to the H/C parking waiver. Botticelli — Asked what triggered the need for the parking waiver. Snell — Each take out station requires 5 spots and the window adds a station. Motion Motion to Grant the parking waiver on the condition it is for H/C access only. (made by: Botticelli) (seconded by: Thayer) Vote Carved unanimously Page 3l of 5 Minutes for January 09, 2014, adopted Feb. 13, 2014 6. 06 -14 Lynne Bolton as owner and Nantucket Theatre Institute as applicant. 5 North Water Street Cohen Requests variance relief from the requirements contained within the definition of `tent" in the Zoning By -law to allow the tent to be erected for longer than 30 days a year. Sitting Toole, Botticelli, McCarthy, Poor, Thayer Documentation File with associated plans, photos and required documentation Representing Steven Cohen, Reads, Gullicksen, Hanley, Gifford & Cohen LLP — Similar to a permit granted for last summer for a theatre tent. There were no complaints that his client is aware of The construction of a new building won't start until the fall so asking for another permit for the summer for another tent beyond 30 days: May 15 to October after the Arts Festival. Also requesting an increase to plays being held 7 days a week. Public None Concerns Toole — There is a letter from an abutter about the removal of the hedge. Poor— Asked if this is the same plan as was submitted last year. Cohen — Yes, the tent is the same size, same location. McCarthy — Pointed out that the Relief had been approved as a one -time deal. Stated that she has no concerns. Motion Motion to Grant the relief with the same conditions as for the previous permit. (made by: Thayer) (seconded by: Botticelli) Vote Carried unanimously 7. 07 -14 Mark P. Williams and Tammy Lynne Williams as owners and Bryan Diggle as applicant/contract purchaser 86'/: Somerset Road Wilson Requests Special Permit relief to allow the following uses: contractor shop, landscape contractor, light manufacturing, interior /exterior storage and warehousing. Applicant also seeks associated relief for a waiver of off-street parking requirements to the extent necessary to accommodate a shared driveway access, and relief to waive strict compliance with the off- street loading requirement. Sitting Toole, Botticelli, McCarthy, Poor, Thayer Documentation File with associated plans, photos and required documentation Representing Michael Wilson — Lot 198 is coming out of the major commercial development (MCD); that takes it out of the Planning Boards hands and puts it back into the ZBA's hands. There is no change in use or intensity of use. Not asking for any change in the conditions. Bryan Diggle — Will house materials and equipment and have a repair shop for the equipment. No material will be stored outside. Have no plans to do light manufacturing. Public Marty McGowan, 88 Somerset Road — Spoke in favor of the parking request. His concern regards on -street parking on a narrow road, drainage, and higher traffic for the neighborhood. The road is partially tarred which has caused an increase of speed. A speed bump might help. Cameron Gammil, 87 Somerset Road — His concerns about parking have been addressed; but asked the board to consider that this is a residential neighborhood. Concerns Toole — The applicant wants all waivers as conditions granted to MCD to be granted to Lot 198. Snell — Reviewed the waivers and conditions that would continue to apply to Lot 198. Poor — Would like to put the normal language into the condition as this Lot will never become an MCD. McCarthy — Asked what sort oftraffic Mr. Diggle anticipates. Wilson — He has only one employee. Toole — Stated that Mr. Cassidy and his mother have submitted objections. Antonietti — They have withdrawn their objections as long as the conditions of the MCD are applied. Discussion about normal conditions for any storage /warehouse in residential mess: no work on Sunday, no outdoor storage, no light manufacturing, vegetated buffer to be maintained, and grant the waiver requirement. Poor — Need an improved site plan to sign off on. Discussion about whether or not to grant the request or continue to allow research into appropriate conditions. Toole — Suggested continuing to take the time to go through the past decisions to get it right. Also need a clearer site plan showing the open space and what screening will be along the road. Motion Motion to Continue to February 13 for additional information. (made by: Poor) (seconded by: McCarthy) Vote Carried unanimously Page 4 of 5 Minutes for January 09, 2014, adopted Feb. 13, 2014 8. 08 -14 Unwinds Lecain 347 Madaket Road Lecain Requests variance relief for a waiver of all setback requirements to the extent necessary to relocate the existing structure away from the eroding coastal bank. Structure may be relocated across property lines and within land owned by the Applicant and under the Applicant's control through a license agreement with the Town of Nantucket. Sitting Toole, Botticelli, McCarthy, Poor, Thayer Documentation File with associated plans, photos and required documentation Representing Zoe Lecain— Explained permit request. Public None Concerns Toole — Doesn't think a waiver is needed from every setback. Poor —The Baxter road applicant was granted the relief. Motion Motion to Grant the relief as requested. (made by: Botticelli) (seconded by: McCarthy) Vote Carried unanimously 9. 09 -14 Suzanne Reid, Peter Schmid and Nancy Kimmet as trustees of Schmid Realty Trust as owner and Gloria Jarecki as applicam/contract purchaser 9 E Street Glidden Requests Special Permit relief for a change of use from residential accessory to a dwelling unit with pre- existing nonconforming setbacks. Applicant also seeks to alter and extend the two pre - existing nonconforming structures on the lot. Sitting Toole, Botticelli, McCarthy, Poor Documentation File with associated plans, photos and required documentation Representing Burr Tupper— Change of use of a non - conforming structure. Upgrades to code are required. Public None Concerns Poor— Disclosed that he has done work for the prior owner. No concerns with his sitting. Poor — Parking on the plan do not appear to conform to zoning. That needs to be stipulated. There is enough room. Motion Motion to Grant relief as requested. (made by: Botticelli) (seconded by: Poor) Vote Carried unanimously IV. OTHER BUSINESS 1. Phillip Osley — Stated he mis -spoke about the window being only for HIC use. Since the application is closed, Mr Daley was instructed to come back with an application for an amendment reflecting that change. 2. Warrant Articles scheduled for January 13, 2014 — Ms Snell reviewed the articles. ,. Toole asked Ms Snell and Mrs Antonietti to check into those items of question in regards to Sachem's Path. Motion to Adjourn: 3:55 p.m. Submitted by: Terry L. Norton Page 5 of 5