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HomeMy WebLinkAbout2014-2-13Minutes for February 13, 2014, adopted April 10, 2014 ZONING BOARD OF APPEALS 2 Fairgrounds road 0 Nantucket, Massachusetts 02554 www.nantucket- ma.gov RECEIVED Commissioners: Ed Toole (Chair), Lis. Botticelli (Vice chair), sown McCarthy (Clerk), Michael J. 8Qa' 11,11 ea014 M, Michael Anselaslro. Geoff Thaver as amended 1. September 12, 2013 —Motion to Approve. (made by: O'Mara) (seconded by: Botticelli) Carried unanimously 2. January 9, 2014 — Motion to Approve. (made by: O'Mara) (seconded by: Botticelli) Carried unanimously I. 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 for an undersized lot from 42% to no more than 55 %; to reduce the 20% open space requirement for commercial uses to the extent necessary; to validate building height of 33 feet; to waive all requirements for on -site parking and off -street loading space. Sitting McCarthy (acting chair), O'Mara, Poor, Thayer Documentation File with associated plans, photos and required documentation. Representing Rachael Hobart, for Centre of Town LLC — Reviewed request. To become an educational facility with offices -- MINUTES- ---- NANIUUGLT TOWN CLERK Thursday, February 13, 2014 Public Safety Facility, 4 Fairgrounds Road, Community Room —12:00 p.m. Called to order at 12:05 p.m. Staff in attendance: Leslie Snell, Deputy Director PLUS; Eleanor Antonietti Administrator; T. Norton, Town Minutes Taker Attending Members: Toole, Botticelli, McCarthy, O'Mara, Koseatac, Poor, Angelastro, Thayer Late Arrivals: None Early Departures: None as amended 1. September 12, 2013 —Motion to Approve. (made by: O'Mara) (seconded by: Botticelli) Carried unanimously 2. January 9, 2014 — Motion to Approve. (made by: O'Mara) (seconded by: Botticelli) Carried unanimously I. 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 for an undersized lot from 42% to no more than 55 %; to reduce the 20% open space requirement for commercial uses to the extent necessary; to validate building height of 33 feet; to waive all requirements for on -site parking and off -street loading space. Sitting McCarthy (acting chair), O'Mara, Poor, Thayer Documentation File with associated plans, photos and required documentation. Representing Rachael Hobart, for Centre of Town LLC — Reviewed request. To become an educational facility with offices Page 1 of 5 classrooms, a student lounge, and a cud; propose to bring the building into code compliance. An apartment on the thud Boor will be an attendant use to the building. The cafd, anticipated to be 45 seats, is proposed to be a coffee house for aimedpeople under 21 so no alcohol will be served. Explained how the parking was calculated. Public Richard Glidden — Spoke in favor of the project. Concerns None Motion Motion to Grant the relief as request with the standard construction protocol. (made by: Poor) (seconded by: Thayer) Vote Carried unanimously 2. 076 -11 Proposed Amendments to SACHEM'S PATH — 40B Singer at al Continued to March 13 Sitting Toole, Botticelli, O'Mara, Kosemac, Poor, Documentation File with associated plans, photos and required documentation. Representing None Public Richard Brannigan, Vice Chair Community Preservation Committee— Spoke in favor of the project. Linda Williams, Chair Housing Authority — Spoke in favor of the project. Concerns Antonietti — The applicant's representative asked this be continued since they could not get to the Island today. They also asked for a special meeting in which to discuss the technical issues of the project. Discussion about the merits of holding a special meeting for the technical issues. Consensus is that a special meeting is not necessary. O'Mara — Asked if the abutters had been noticed about the amendments. Antonietti — No, explained that staff and special counsel retained by the Board for assistance with this application had determined the revisions were not substantial enough to warrant notification. Discussion about the need to re -notice and that abutters would be very upset at not having been notified. This project should be re- noticed for abutters and the public. Page 1 of 5 Minutes for February 13, 2014, adopted April 10, 2014 023 -13 Bridgett Bloise Smith IOC Thirty Acres Lane Smith Requests zoning relief for additional bedrooms within a preexisting nonconforming multi - family structure. Sitting Toole, Botticelli, O'Mara, Koseatac, Poor Documentation File with associated plans, photos and required documentation. Submitted photos of parking at the table. Representing Bridgett Smith — Trying to get an extra bedroom to her condo. Stated that she had been asked to meet with the homeowners association and get a letter from them allowing her request; she has two letters: from Katy Merlini and Frank Ramos, builder. Mr. Ramos' letter was one of personal support. She has not been able to the association letters. Requested a continuance Public None Concerns Toole — Reminded the board that there had been extensive covenants and restrictions in the homeowners association and multiple neighbors who were not in favor of granting the relief. Botticelli — There had been concerns about parking. Toole — This project has been on the agenda for seven months sitting dormant; suggested re- noticing the neighbors. Suggested a withdrawal without prejudice and waive the filing fee for Ms Smith to resubmit and re -notice the neighbors. Also, she needs clear documentation from both the homeowners association and the condo association as legal entities and that they support her request. Botticelli — Ms Merlini wrote her letter as a homeowner, not as president of the homeowners association. Snell — If the intent is not to discuss this to allow Ms Smith time to come forward with additional documentation; the withdrawal makes sense. If this is to come back in March, withdrawing makes extra paperwork; it is simpler to re- notice and keep the current application. O'Mara — Would like to hold this off for two months and have letters from both associations. Toole — The applicant is saying that she can't get the information the board is requesting. Barring getting the sign - offs Ms Smith will have a tough time getting the relief; but this can't drag out another seven months. Botticelli — Suggested putting this on the April agenda to allow Ms Smith two months to get the letters of support from the builders association, the homeowners association and the condo association. Applicant is to work with staff to ensure she has letters of approval from the majority of involved associations. Snell — In the multi - family overlay district, the maximum number of bedrooms is set by the special permit — two per unit. That has been replaced with the apartment allowance. Motion Motion to Continue to April 10. (made by: Botticelli) (seconded by: O'Mara) Vote Carried unanimously 3. 040 -13 Todd and Kathleen Manning 4 A Street J. Glidden Requests zoning relief to demolish the existing garage and construct an addition to the preexisting nonconforming dwelling. Sitting Toole, O'Mara, Poor, Angelastro, Thayer Documentation File with associated plans, photos and required documentation. Representing WITHDRAWN WITHOUT PREJUDICE Motion Motion to Accept the withdrawal. (made by: Poor) (seconded by: Angelastro) Vote Carried unanimously 4. 047 -13 Charles and Susan Dragon 32 Friendship Lane Bailey Appealing a Cease and Desist Order issued by the Zoning Enforcement Officer regarding an asserted violation of the permitted uses section of the Zoning Bylaw. Specifically, the Applicant was cited for operating a landscape contractor business in a residential district. Continued to April 10. 5. 064 -13 William F. Hunter, as Trustee of The 1908 Realty Trust 47 Monomoy Road Alger Requests zoning relief to alter and extend a relocated pre-existing nonconforming structure. In the alternative, requests relief from the maximum height requirement in order to validate the height of the relocated pre- existing nonconforming structure. Sitting Toole, Botticelli, McCarthy, O'Mara, Koseatac, Poor, Angelastro, Thayer Documentation File with associated plans, photos and required documentation. Representing Sarah Alger, Sarah F. Alger P.C. — Peter Kyberg who represents the abutter is away; she does not wish to go forward at this time. Requested a continuance to April 10. Public None Concerns Application not opened for discussion at this time. Motion Motion to Continue to April 10. (made by: Botticelli) (seconded by: O'Mara) Vote Carried unanimously Page 2 of 5 Minutes for February 13, 2014, adopted April 10, 2014 1. 03 -14 Joseph & Marcia Aguiar 69 Fairgrounds Road Aguiar Requests Variance relief from the regularity factor requirement to allow the subdivision of an existing lot into two lots which would result in one of the lots having a regularity factor of .36 where .55 is required. Sitting Toole, Botticelli, McCarthy, Koseatac, Angelastro Documentation File with associated plans, photos and required documentation. Representing Joseph Aguiar — Looking for options to avoid selling the entire lot. Marcia Aguiar— Requested a continuance. Public None Concerns Discussion about the two lots and if there is a way to make the second lot to meet the regularity factor. Angelastro — Asked about a notation in regards to the occupancy cap. (Mr. Aguiar doesn't know the answer to that.) Snell — The there might have been a covenant related to the building cap, which is gone from the by law; if there is an accessory apartment, it has to be restricted to year-round occupancy. Toole — If there is enough land mass in a pork -chop lot that meets the regularity factor, then your okay. If you need everything in the lot to meet the land mass, then there is a problem meeting the regularity factor. Discussion about a similar request from Bartlett Road and if those reasons apply here. The circumstances were different. Several commissioners are resistant to granting the variance to the regularity factor. Toole — Stated he does not think the ZBA is the proper venue to get rid of the regularity factor. Botticelli — If the house were moved, then the lot could be divided down the middle. Toole — There is not enough support to grant this variance. Discussion with the Aguims about whether to withdraw or continue the application. Motion Motion to Continue to March 13. (made by: Koseatac) (seconded by: Angelastro) Vote Carried 4 -0 2. 04 -14 Helen Lynch 11 Milk Street Rowland Requests Special Permit relief from the ground cover requirement for an undersized lot to increase existing ground cover of 33% to no more than 34.5% to allow the construction of a 56 square foot shed to be attached to the existing structure. Sitting Toole, McCarthy, O'Mara, Koseatac, Angelastro Documentation File with associated plans, photos and required documentation. Representing Ben Normand, Rowland and Associates — This is an undersized lot in the ROIL Public None Concerns Snell — Pending warrant Article 55 would allow lots under 5,000 square feet to have increased ground cover. Motion Motion to Approve with no construction between June 15 and September 15. (made by: Angelastro) Vote Carried 4A 3. 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, Koseatac, Poor Documentation File with associated plans, photos and required documentation. Representing None Public Concerns Snell — Summarized the situation in regards to the take -out window. Discussion about whether or not to add a construction restriction. Motion Motion to Approve the modification as requested. (made by: Botticelli) (seconded by: Poor) Vote Carried unanimously 4. 10 -14 Edward Soften & Deborah Singer Soffen 26 Wigwam Road Moriarty Requests Special Permit relief to validate the unintentional rear yard setback intrusion of an in -ground pool, constructed in 2010. In the alternative, requests Variance relief from the rear yard setback provisions due to an unintentional setback intrusion caused by contractor error. The in -ground pool is 17 feet from the rear property line in a zoning district where a 20 foot setback is required. Continued to March 13. Page 4 of 5 Minutes for February 13, 2014, adopted April 10, 2014 5. 11 -14 Kenneth C. Coffin, Inc., as Owner and Chris Loftus, as Applicant/Contract Purchaser 3 Spearhead Road Loftus Requests Special Permit relief to construct 1,800 square foot 2 -bay Contractor Shop with interior and exterior storage, warehousing, and Light Manufacturing on site. The second floor will be used as an office and accessory apartment for employee housing. Sitting Toole, Botticelli, McCarthy, Koseatac, Angelastro Documentation File with associated plans, photos and required documentation. Representing WITHDRAWN WITHOUT PREJUDICE Motion Motion to Accept the withdrawal. (made by: Botticelli) (seconded by: Angelastro) Vote Carried 4-0 6. 12 -14 Susan M. Doughan, Tmstee of the Susan M. Douglo n Living Trust 16 Orange St. Beaudette Requests Special Permit relief to alter and extend a gazebo on a lot which is pre- existing non - conforming as to lot size, frontage, side yard setback, and ground cover. The proposed alteration will increase the pre - existing nonconforming ground cover ratio from 31.5% to approximately 35 %. In the alternative, requests the Board conclude that no relief is necessary by determining that the gazebo is not a "structure" which wants towards ground cover. Sitting Toole, Botticelli, McCarthy, O'Mara, Koseatac Documentation File with associated plans, photos and required documentation. Representing Kathleen Killoy — Reviewed project. Under the newly added definition of out buildings, the building commissioner and zoning enforcement officer feel gazebos are now considered structures that contribute to groundwver. Argued why a gazebo is not an outbuilding. Public None Concerns Snell — Support the findings that a gazebo does not contribute to groundcover as it is more similar to a covered porch. Pending Article 68 will clarify this issue. Recommend the board made a finding that no relief is necessary. Discussion about whether or not a gazebo wants as ground cover. If it were screened in, it definitely would count. Motion Motion to Determine that the gazebo does not count toward ground cover. (made by: Botticelli) (seconded by: Koscatac) Vote Carried unanimously 1\ OTHER BUSINESS NOne Motion to Adjourn: 1:53 p.m. Submitted by: Terry L. 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