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HomeMy WebLinkAbout2014-5-8Minutes for May 8, 2014, adopted June 12 0ionkloo)"I" ZONING BOARD OF APPEALS 2 Fairgrounds road Nanmcket, Massachusetts 02554 www.nanmcket -ma nov 2 0 a s Cmnmiseiuners: Ed Toole (Choir), Lisa Bonicelli (Vice chair), Susan McCarthy (Clerk), Michael J. O'MaTrd Ke1 Kovcamc, Mark Pom, Michael Anvelanm (]mii TFno.. Agenda adopted by unanimous consent 1. APPROVALOFMINUIES 1. dptil 10, 2014— Held for June 12, 2014, It. OLD BUSINESS 7 0773 Charles and Susan Dragon 32 Friendship Lane Bailey CONTINUED until June 12, 2014 2. 069 -13 -- MINUTES -- n � in CONTINUED until June 12, 2014 Thursday, May 8, 7014 m w+ m O 8 Charter Street Public Safety Facility, 4 Fairgrounds Road, Community Room — 1:001 .m. CONTINUED until June 12, 2014 rn � Called to order at 1:04 p.m. 4. 03 -14 3 rn o Aguiar z co Staff in attendance: Eleanor Antonietti Administrator, Terry Norton, Town Minutes Taker 4 Derrymore Road Beaudette Attending Members: Toole, Bonicelli, McCarthy, Koseatac, Foot, Angelastro, Thayer r r*+ N cp Late Arrivals: None Absent O'Mara Agenda adopted by unanimous consent 1. APPROVALOFMINUIES 1. dptil 10, 2014— Held for June 12, 2014, It. OLD BUSINESS 7 0773 Charles and Susan Dragon 32 Friendship Lane Bailey CONTINUED until June 12, 2014 2. 069 -13 John McDermott and Victoria McManus 14 Wood Hollow Road Beaudette Sitting CONTINUED until June 12, 2014 Documentation File with associated plans, photos and required documentation 3. 085 -13 Joseph W. Foley & Harris K Doliner 8 Charter Street Beaudette Discussion (1:06) CONTINUED until June 12, 2014 Motion Motion m Grant (made by: Koseatac) (seconded by: McCarthy) 4. 03 -14 Joseph & Marcia Aguiar 68 Fairgrounds Road Aguiar CONTINUED until Jme 12, 2014 5. 17 -14 Andrew T. Perlman 4 Derrymore Road Beaudette CONTINUED until June 12, 2014 6. 067 -84 Robert B. Lang, Tmstee of the Lange Family Nominee Trust 3 Doc Ryder Staff Applicant requests the rescission of previously granted Special permit. The cuaent use of the dwelling on the property is now as a duplex allowed by tight. Sitting Toole, Bonicelli, McCarthy, Koseatac, Thayer Documentation File with associated plans, photos and required documentation Representing Eleanor Antonietti — Staff submittal for Mr. Lang Public None Discussion (1:06) No comments or concerns. Motion Motion m Grant (made by: Koseatac) (seconded by: McCarthy) Vote Carried unsrdmously. Page 1 of 5 Minutes for May 8, 2014, adopted Jane 12 Erin M. Lemberg, as Trustee of the 16 Amelia Drive Realty Trost, as Owner, and Pom La Table, LLC, as 16A Ameba Drive Glidden CONTINUED until June 12, 2014 2. 27 -14 Richard J. Glidden, Trustee of 7 Arrow Realty Trost, as Owner, Sean O'Callaghan, as Applicant 7 Arrowhead Drive & 1 Spearhead Road Ghdden Applicant is requesting Special Permit relief to operate a Landscape Contractor use with interior and exterior storage and warehousing and to the extent necessary relief from the requirement of 20% Open Space. Sitting Toole, Botticelb, McCarthy, Koseame, Poor Documentation File with associated plans, photos and required documentation Representing WITHDRAWN WITHOUT PREJUDICE Public None Discussion (1:07) None Motion Motion to Approve the withdrawal without prejudice. (made by: Koseatac) (seconded by. Botticelli) Vote Carried unanimously. 3. 29 -14 Nantucket Broad Street LLC 21 Broad Street Alger Applicant is seeking a Modification of a Condition found in Paragraph 6(c) in previously granted Special Permit (ZBA File No. 036 -13) which stated 'That there shall be no exterior construction between Memorial Day and Columbus Day of any year and there shall be no work on Sundays ". The applicant is requesting an extension of the construction prohibition from Memorial Day to June 30, 2014, to complete construction. Sitting Botticelli, McCarthy, Koseatac, Poor, Angelastro Documentation File with associated plans, photos and required documentation Representing Sarah Alger, Sarah F. Alger P.C. — Reviewed application request. Have experienced significant delays due to work on Broad Street and weather The first two weeks of June tend to be slow. Scott Andersen — Gave detailed account of exterior work left to be completed: after June 1, 2014 mostly painting as well as work in the back yard to include fencing. Anticipates all exterior work completed by June 15, 2014. Public Don Kelp, Brotherhood of Thieves — He has been struggling in the winter and doesn't want to continue those problems. Expressed concern about the construction crew, they are very noisy: yelling and loud music. Would prefer it not remain in an unfinished state through the summer. Mary Parker, 2 Ash Lane — Submitted a letter. Stated she also has concerns about the noise as well as debris from construction. Rents property in summer and concerned about loss of income. First rental weeks are in May. Has had to clean up debris from the site which has fallen cat, her property. Lucy Dillon, Liberty Street — This winter has been particularly disruptive for residents. If the board is going to grant extensions for extreme construction, it might consider declaring radio noise free zones. Discussion (1:10) Further discussion about the type of the exterior work left to be completed and possible impact on the abutters. Km amc — Stands behind the Memorial Day to Labor Day limit. Feels for the neighbors. Pont — More flexible because of circumstances out of the control of the contractor. Suggested that they shut down Thors afternoon poor to Memorial Day through the following Tuesday or Wednesday and not go much past June 15, 2014 and perhaps extend the work day. Need a guarantee the exterior work will be done by then. Angelaeuo — Concerned about allowing a project in the heart of downtown an extension. McCarthy — Might be willing to entertain an extension that gives them the week after Memorial Day. Limit ladder painting and radio use. Koseatac — Concern about setting precedent. Motion Motion to Amend an that work ends at I p.m. Friday May 23, 2014; work may resume 8 a.m. Tuesday May 27, 2014; work ends Saturday June 7, 2014 at 4 p.m.; painting and softscapwg work may be done 8 a.m. to 5 p.m. with no work on Sunday; no trucks or heavy machinery/equipment, music to be with earbuds only. (made by. Angelasuo) (seconded by: Poor) Vote Carried 4l /Koseatac opposed. Page 2 of 5 Minutes for May 8, 2014, adopted June 12 4. 2414 John E. Morrison, W. Jeffrey Morrison, and Elizabeth P. Rosborg, as Trustees of the Seven JC Lane Trust 7 Judith Chase Lane Cohen Applicant is requesting Variance relief in order to subdivide a 12,476 square foot lot to create two lots through an Approval -Not- Required lot division. The division would allow the historic dwelling to remain in its current location on the westernmost lot, but will result in either a frontage non <onfowity for the easternmost lot or a setback non <onfomuty for the westernmost lot, each as a result of optional lot configurations. Sitting Toole, McCarthy, Koseatac, Angelastro, Thayer Documentation File with associated plans, photos and required documentation Representing Steven Cohen, Reade, Gullicksen, Hanley, Gifford & Cohen LLP — Reviewed reasons for the variance request. Issue here is the historic relation of the structure to the road by which Historic District Commission (HDC) denied the application to move; that Wiling is being appealed to the Board of Selectmen (BOS) to be heard May 25, 2014. Also has a constructive grant against HDC that would allow moving the structure. Would prefer to come to a resolution that allows the subdivision of the lot. The lot line would be iracnot to two lots owned by the client Granting this variance would not be detrimental to the public good. Client would consider a restriction against any second dwelling on the lots. Public Kevin Koester, former member of the HDC — Stated that he had sat on the hearing for this property while on the HDC; explained the HDC's reasoning for denying the move. Pointed out that this particular property is a very rare piece of property; it predates the road and has the only remaiiang well. Cited a structure on Pleasant Street that was a similar situation. Asked ZBA to wait for BOS decision. Sarah Alger, Sarah F. Alger P.C., for 6 Pine Street, 8 Rays Court, 8 Pine Street, 11 Fair StreeS 9 Judith Chase Lane, 6 Rays Court, 4 Traders Lane, 5 Rays Court, and 4 Fait Street — Varianres should be a giant of last resort; there are still avenues open for the applicant. It should be based upon something unique to the property and this lot does not have any of that. Maintaining integrity of Historic Core is a main focus of this board. There is no hardship involved here. If the ZBA were going to grant the variance, it should put significant number of restrictions on the two lots. Reiterated the hope that the variance will not be granted. Lucy Dillon, Liberty Street — Asked the Board to protect the unique mcetscape of Judith Chase Lane. Philip Kendell, Barnacle Inn —The property is very unique. This is a very old house dating to 1740s: cited aspects of its history. If the Board is leaning toward a variance, asked for restrictions. Stated he is against the moving of this structure. Deb Timmerman, Chair Nantucket Historical Commission (NHC) —This is an extremely historic house. State that the NHC would like to see an archeological dig; the Sylvia house is almost on the property line and another house between the two would increase the density. Reiterated the existence of the historic well on the property. Urged the ZBA not to entertain thoughts of changing this lot. Don Harris, Rays Court — Urges the ZBA to read the letter from Michael May, Nantucket Preservation Trust. Concerned about the possibility of increased density: four structures in a space where only one is now. Reiterated the proximity of the Sylvia Bann. Discussion (1:45) Angelastro — Would prefer to hear what the BOS decision on the appeal is before gunning this variance. Toole —There are two open options; this would be a third option. This is probably in need of structural repair. McCarthy — It makes sense that if the house is being jacked up for a new foundation, it should be moved. Koseatac — HOC might be concentrating on the esthetic Supports applicant on moving the house. Board members are reluctant to grant the variance with the other two options still open. Toole — With 1,900 square feet (SF) on the ground now, that leaves 4,000 SF total which could be built on the existing lot. Cohen — Everyone says the location is sacrosanct and should not be touched. If the appeal or constructive grant is supported, the house will move. Reiterated his client's intent is finding a way that the house will not move and will limit development. Asked for a solution that allows for the subdivision. Willing to work with the neighbors to come up with a solution that is favorable to everyone. Augelastro — Would prefer to continue until BOS come to a vote on the appeal. Toole — Confirmed with Mr. Cohen that if the ZBA grants the relief, the applicant would give up on the appeal and ema mctive grant. Alger— On behalf of the Harrises, willing to meet with Mr. Cohen and come up with some restrictions but would like appeal postponed to allow time to do that. Angelastro — Not in favor of granting a variance in this situation. Would like the plans to clearly show the well. Further conversations about whether or not the ZBA should grant a variance under these arcumstances. Review of the circumstances, history of structure, and options available to the client and neighbors. Motion Motion to Continue to June 12, 2014. (made by: Thayer) (seconded by: McCarthy) Vote Carried unanimously. Page 3 of 5 Minutes for May S, 2014, adopted June 12 5. 28 -14 Carol R. Bowditch and James A. Bowditch, as Trustees cf Adagio Tmst A and of Adagio Tmst B 11 South Cambridge Street Reside Applicant is requesting Special Permit relief to alter and extend a pre - existing non- confotming stmctme by approximately 120 square feet m allow an increase in ground rover from 10.2% to 10.7% in a zoning district which permits a ma roman ground cover of 10°/e. Applicant also requests relief to validate a side -yard setback intrusion of air conditioning units sited as close as 8.2 feet from the side yard lot hoe, or in the alternative Variance relief from the side yard setback requirement of 10 feet pursuant to 139- 16. Sitting Toole, Botticelli, McCarthy, Koseatac, Angelamm Documentation File with associated plans, photos and required documentation Representing Arthur Reside, Reade, Gullicksen, Hanley, Gifford & Cohen LLP — Explained situation with the properties affected by a recent zoning change: from R20 to VR. Applicants want to add 120 SF to the garage. Explained why this is a special Permit. Public Barbara Stott, 42 Long Pond Drive — Spoke in suppon of the variance. Discussion (2:39) Angelastro —Asked when the applicant learned about the zoning change. (When they wanted to build the addition.) Toole —Before it became VR, they would have been allowed 12%groundcomr. It seems "idiotic" that overnight rights are lost. Antonletti — This site became non - conforming because of the zoning change. ZBA members would like to see the 2002 Certificate of Occupancy (CO) to prove the air conditioning units (A /C) were not properly located. Reade — Would like to withdraw without prejudice the issue of the A /C. The mam concern is getting the addition. Pointed out that the A/C has been to that location for 10 years. Toole — The point is that the A/C is in violation of the setback guidelines. McCarthy — Can grant the addition and have them coma the A/C under that permit. Would like to see proof the A/C has always been there and that the Building Department did not perceive a concern at the time of issuance of the CO. Toole — The A/C never showed up on the as -built plans. Could be moved to the north side of the house. Conversation about how to grant the special permit in the face of the problem with the A/C location. Reade — Does not want to give up the option of keeping the A/C in its present location. Motor Motion to Approve the special permit for the addition of the garage with the stipulation that the A/C on the northwest side of the structure are moved outside the setback and that the applicant can come back without prejudice with a new special permit for the A/C if they find information that will help show that they are grandfathered with no violation. (made by. BotticA) (seconded by: Koseatac) Vote Carried unanimously. 6. 30 -14 John P. DeAngelis & Susan D. DeAngelis 109 Baxter Road Weinman Applicant is seeking Modification of a Condition found in Paragraph 5(b) lo previously granted Variance (ZBA File No. 080 -13) which stated, "No construction will take place between Memorial Day and Labor Day of any year'. The applicant is requesting an extension of the construction prohibition from Memorial Day to July 15, 2014, to complete the relocation of the dwelling which is in imminent danger due to an eroding coastal bank. Sitting Toole, Botticelli, McCarthy, Koseatar, Angelastro Documentation File with associated plans, photos and required documentation Representing Rhoda Weinman — Explained the delays that resulted in this exterior construction extension request Building permit was issued February 11, 2014 but work could not start until late March due to frozen ground precluding the digging of the foundation. Presently the structure is less than 5 feet from the edge of the bluff and is to imminent danger. Next move date is scheduled for June 15, 2014; the contractor states all exterior work will be completed by July 15, 2014. Letters of support from abutters are included in the packet. The foundation is now completed. Explained how her client lost their May 15, 2014 moving date and that no othu company could accommodate them before June 15, 2014. Public None Discussion (3:03) Clarification of the construction schedule. Toole — Stated his belief that it doesn't take two weeks to move a structure 10 feet or that on work could have been dove after February 11, 2014. The moving contractor should have been at this meeting. Conversation about how and why the applicant lost their move date and how much work is needed to put the house on the foundation and to make the house safe. Motion Motion to Amend the variance to allow a construction extension to Saturday, June 21, 2014 and exterior work to cease at that time. (made by: BotticA) (seconded by: Koseatac) Vote Carried unanimously. Page 4 of 5 Minutes for May 8, 2014, adopted June 12 1 V. OTHER BUSINESS Non, 1. ADJOURNMENT Motion to Adjourn: 3.': p.m. Submitted by. Terry L. Norton Page 5 of 5