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Home My WebLink About2014-4-10Minutes for April 10, 2014, adopted June 12 ZONING BOARD OF APPEALS 2 Fairgrounds road Nantucket, Massachusetts 02554 y s �.nwntucket-ivajx Z C Z � O Commissioners: Ed Toole (Chair), Lisa Boeucelli (Vice chair), Susan McCvnhy (Clerk), Michael J. 0'101ia, Bfm' K19 nc, Mack Poo, — MINUTES --' Thursday, April 10, 2014 3 fn Public Safety Facility, 4 Fairgrounds Road, Community Room —az>pu p.m. C: rD Called to order at 12:07 p.m. �, N rD Staff in attebdance: Eleanor Antmactri Zoning Adminnu or; Leslie Snell, Deputy Director of Pha ming; Terry Norton, Town Minutes Taker Attending Members: Toole, Botticelh, McCarthy, O'Mara, Koseatac, Poor, Thayer Late Arrivals: None Early Departures: None Agenda adopted by unanimous consent 1. December 12, 2013 — Motion to Approve. (made by.. Koseatac) (seconded by: V'Mara) cameo unsex -c i 2. February 13, 2014 —Motion to Approve. (made by: Koseatac) (seconded by:07A a) carried unanimously 3. March 13, 2014 —Motion to Approve. (made by: Koseatac) (seconded by:O'Mara) carried unanimously Sitting Toole, Botticelli, O'Mam, Koseatac (can't vote), Poor, Documentation File with associated plans, photos and required documentation Representing Andrew L. Singer, Singer and Singer, LI.0 Kevin Maguire, Oxbow Partners Renee Ceely, Nantucket Housing Authority Public Ed Marchant, Remote participation Discussion Maguire — Revised proposed Amendment 1: incorporates items and information discussed at the last hearing on March 13, 2014. Question about treating the fee to create working capital for the development is under a separate document which includes: open space, fee access for eligible funds, and clatihcation on infrastructure for Phase I. Pa41, Toole —Title clean up and minor wording changes. Pa2: Toole — Same as page 1. Marohant — Noted that the date of the tri-party agreement was plugged in. Toole Paragraph 4, refers to shifting the approval process in terms of monitoring the regulator housing documents. The buildings that are over 110% include CPC and Housing Authority. Maccham — The deed rider decides terms of occupancy and places resale restrictions on those properties. For higher priced units, the applicant drafts his /her own documentation in consultation and approval with the Town ofNantucket. MMaguire — To the extent the earned fee is funded by sales proceeds, it is not sent to "Us" but is put aside and retained until the end of the project. To the extent we have development requirements, request that the foods be used for purposes of betterment needs as they develop and pay that off once all the units are sold. Toole —The original agreement was no fees were to be released until the end of the project. The purpose was to ensure the project is completed. Asked how members feel about releasing fees as they are collected. O'Mara — Asked who would be responsible for making that decision at the end of Phase 1. Maguire — All fees stay in until the last unit is complete except for requests; nothing comes out of the escrow, unless it is approved by the Zoning Board or a designee. Instances for use: cost overrides and to expedite. Page 1 of 7 Minutes for April 10, 2014, adopted Jane 12 Marchaust — There is a line item for development fee and over head; this job works like any other, there is no guarantee for profit. The construction leader will also have conditions in maintenance of the escrow for change over which can be negotiated. Funds have to be released for project related expenses. Toole — In essence there is a profit, but there will likely be a time when there is no profit; so the Town could be caught in a bad situation. The Chair won't want to get repeat requests for money. Maguire —The pre- development loan is $200,000. The fee changes dependent upon the sale Price . O'Mam —The only speculation is on the two model homes, then everything is built to suit for the buyer. Maguire — Everything is sold at the pm forma number. The 80 units and 110 units are fully funded by the state. Explained where the developer fee is covered in the sale process. The pm forma number is potentially released once the unfit is sold before construction. Toole — Don't like the thought of releasing 100% of the c. all at once. Further discussion about pros and cons of releasing the escrow might be needed. Poor— Not in favor of releasing 45% of the exemer. Discussion about the applicant asking for 25% but that isn't necessarily what they would be granted. Discussion about to whom the request would be made. Mamhant — Pointed out that it would be impossible to require original sitting ZBA members to act on future items. Consensus is that 25% maximum request to be made within 10 days of the following meeting date for a decision by the ZBA. Discussion about sale price versus pro forma cost and how those numbers are calculated and that cost savings should go into project improvement. Singer— Suggested adding a Condition 33 to cover the use of cost savings. Muchant— Development overhead: half goes to overhead and half goes to the fee. Talked about using for overhead costs; but this says, "As agreed and approved by the project leaders." That phrase might preclude the ZBA from having any say in terms of development overhead expenses. Toole —Asked if the intent was to say the numbers were approved. Maguire —Yes. Mamhant —There are several line items in the budget that address overhead issues. The board shouldn't have issues with releasing those expenses but should ensure the expenses are legitimate. The actual terms are reasonable and certifiable overhead costs. This says the lender makes that decision. Maguire — We're talking about a prolonged retirement in which the ZBA would want w be part of the conversation. Page 3: Toole — Says it most meet the 25% requirements; then there is an issue about Habitat; the project was proposed as the developer does 8 and Habitat does 4. Ma Chant— That is of the 80 %. Habitat would have to do at least two projects to meet the requirements. Discussion about how the requirements will be met. Toole — does not want to count Habitat starting the construction but when it is finished with CO; they can take a long time. There needs to be an incentive to get the work done. Singer— Where it says, "Habitat has began construction ", delete, "begun construction "; state, `have not been completed received COs." Page 5: Number 7 Section 10: Maguire — Phase I infrastructure clarification: infrastructure to start but will not be completed before building construction begins. Toole — That is not how the board understood it. 100% infrastructure except top coat is to be in place before construction begins on the buildings. Botticelli— Took it to mean that the road is in before building construction begins. It should be completed once the entirety of each Phase is done. Toole — There was the further issue of starting the infrastmeture with only the commitment letter; would like to contemplate the notion of seeing the commitment letter and approve moving forward. Matchant —"Me ZBA will ensure it is in keeping with the pm forma. O'Mara — Clarified at what point the final coat goes on — at the end of each phase. Asked where the collateral is for the final asphalt coat. Maguire — There is a bonding. Singer — Page G refers m that collateral. Marchant — Suggested that the CPC can withhold money and the finished coat goes on. Page 7 Nr 10 Cond 22: Maguire —Ties to each parveL Marchant —The security is only on the lot to which that loan applies. Page 2 of 7 Minutes for April 10, 2014, adopted June 12 P_ ga 8 cQnd 31: Toole — Talks about the infmstructure can start before final approval ZBA want to add more language about the commitment letter being approved by the ZBA. Toole — Added information about hammering home points. Singer —Added Condition 33 about the cost savings being used for improvements. Ceely —Asked about how the cost relates to the Housing Authority getting the 155a at the end. Maguire —The state won't approve higher than 15 %. Ceely — Would like to see the fonds used for surromodings. Marcham— Still feel it is worth having in there. If in fact profits exceed 15 % then the NHA does share in that. Additional landscaping always helps affordable projects. SucH— Vote to approve modifications subject to changes made in discussion and the finalized version to be distributed to the board. Toole — Asked Maguire to agree to further fund Mr. Marcharns work. Motion Motion to Approve modifications subject to the changes agreed upon at today's hearing. (made by: Botticelli) (seconded by: O'Mara) Vote Carried 4-0 2. 023 -13 Bodgett Bloise Smith l OC Thirty Acres Lane Smith WITHDRAWN WITHOUT PREJUDICE Requests zoning relief for additional bedrooms within a preexisting nonconforming multi- family structure. Sitting Toole, Botticelli, McCarthy, O'Mara, Koseatac Documentation File with associated plans, photos and required documentation Representing None Public None Discussion None Motion Motion to Approve the withdrawal. (made by. Botticelli) (seconded by: O'Mara) Vote Carried 5 -0 3. 047 -13 Charles and Susan Dragon 32 Friendship Lane Bailey Action deadline July 3, 2014 CONTINUED until June 12, 2034 4. 06413 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 someone Sitting Toole, Botticelli, McCarthy, O'Mara, Koseatac Documentation File with associated plans, photos and required documentation Representing Sarah Alger, Sarah F. Alger P.C. — Request withdrawal without prejudice. Public None Discussion Motion None Motion to Approve the withdrawal. (made by: Botticelli) (seconded by: Koseatac) Vote Carried unanimously 5. 069 -13 John McDermott and Victoria McManus 14 Wood H.Umv Road Norton Action deadline May 29, 2014 CONTINUED until May 8, 2014 6. 085 -13 Joseph W. Foley & Harris K Doliner 8 Chatter Street Beaudette Action deadline May 7, 2014 CONTINUED until May 8, 2014 Page 3 of 7 Minutes for April 10, 2014, adopted June 12 7. 086 -13 Rebecca a /kla Moesingec 45 Smfside Road Brescher Requests Special Permit relief to renovate the existing structure to create a take -out food establishment and bakery, with a two - bedroom apartment intended for employee housing. Applicant requests additional relief to waive six (6) packing spaces. Applicant is also requesting Minor Site Plan Review and, to the extent necessary, is requesting waivers of the content of the site plan. Sitting Toole, Botticelli, O'Mara, Koseataa, Thayer Documentation File with associated plans, photos and required documentation Representing None Public None Discussion None Motion Motion to Approve the withdrawal. (made by: Botticelli) (seconded by: Koseatac) Vote Carried 5 -0 B. 03 -14 Joseph & Marcia Again 68 Fairgrounds Road Age— Action deadline June 11, 2014 CONTINUED until May 8, 2014 9. 17 -14 Andrew T. Pedman 4 Derrymore Road Hohlgite Action deadline June 11, 2014 Sitting Toole, Botticelli, O'Mara, Thayer Documentation File with associated plans, photos and required documentation Representing None Public None Discussion None Continue to May 8 meeting. (made by: Botticelli) (seconded by: Thayer Motion Motion to Votc Cutird40 18 -14 \Fcndy M. Hudson, "1'mstee of JJM Nominee trust o nroau ouu. e WITHDRAWN WITHOUT PREJUDICE Applicant is requesting Special Permit relief to allow for the alteration and extension of a prertisting non- confonving structure on a pre- existing non-conforming lot Applicant proposes to reposition the structure on the lot to increase the setback distance from an abutting property, to construct a 160 square foot addition, and build a second story addition containing an apartment To the extent necessary, Applicant also seeks a waiver from on -site packing requirements and from the off-street loading facilities requirements Sitting Toole, Botticelli, McCarthy, O'Maza, Koseatm, Documentation File with associated plans, photos and required documentation Representing Sarah Alger, Sarah F. Alger P.C. — Would like to note this is withdmwv due to zoning changes. Request withdrawal without prejudice. Public None Discussion None Motion Motion to Approve the withdrawal. (made by: Botdrelli) (seconded by: Koseatac) Vote Carried unatdmously 2. 19 -14 Oak Hill Investments, LLC 7 South Valley Road Beaudette Applicant is requesting modification of existing Special Permit relief to allow for minor changes in the location and distribution of ground cover for both the main and accessory structures, and the addition of a pool outbuilding. The overall ground cover, of 1,943 square feet approved in the prior Special Permit will remain unchanged. Sitting Toole, Botticelli, McCarthy, Koseatac, Thayer Documentation File with associated plans, photos and required documentation Representing Rick Beaudette, Vaughan, Dale, Hunter and Beaudette, P.C. Public None Discussion Beaudette — Amending the site plan to change the structures but maintain the ground covet. No concems from the board. Motion Motion to Approve the relief as requested. (made by: Thayer) (seconded by: McCarthy) Vote Carried unanimously Page 4 of 7 Minutes for APO 10, 2014, adopted June 12 {. 20-14 Erin M. Lemberg, as Trustee of the 16 Amelia Drive Realty Trust, as Owner, and Pout La Table, LLC, as Applicant 16A Amelia Drive Glidden Action deadline July 9, 2014 CONTINUED mmtil May 8, 7034 Applicant is requesting Special Permit relief to waive one parking space in order to convert the use of the premises to retail sales, as allowed by right The Applicant further requests Site Plan review. To the extent necessary, the Applicant requests a waiver of the loading zone requirement and the open space requirement. 4. 21 -14 Hingham Instimtion for Savings 35 Main Street Ghddem Applicant is tequesting modification of previously issued Special Permit relief to allow for the change of use from office to residential on the third floor of a pre - existing non - conforming structure on a pre - existing non - conforming lot. The requested change or use will create a duplex ou the premises. Sitting Toole, Botticelh, McCarthy, Koseamc, Thayer Documentation File with associated plans, photos and required documentation Representing Richard Glidden, Glidden & Glidden Public None Discussion Glidden —The locus is non - conforming everything predates zonng. Duplexes are now allowed in the CDT with reduced puking requirements. No concerns of the board. Motion Motion to Approve the relief as requested. (made by: Koseatac) (seconded by: McCarthy) Vote Carried unanimously 5. 22 -14 Hughes Septic Service, Inc. 12 Spearhead Road Guay Applicant seeks modification of a previously issued Special Permit. Locus benefits from prior relief m construct a commercial building, with interior and /or exterior smxage ox wazelum ing, in connection with a septic service business. The Applicant seeks to modify prior relief in order to allow interior storage of equipment associated with the septic business; to allow siting perner ter of zone, puking spaces, driveway access, and open space; and to allow the installation of a six foot chain -link fence along perimeter of lot. Sitting Toole, Botticelli, McCarthy, Koseatac, Poor Documentation File with associated plans, photos and required documentation Representing Joseph Guay George Hughes Public None Discussion Guay — Reviewed previous zoning requests. The schedule of moving forward on construction has stepped up; proposing here strictly interior storage of portable toilets as well as equipment and supplies. Site plan changes include: building size, fencing, open space, loading, and parking. Discussion about ensuring the site plan is complete or referring back to the previous special permit. Refereoce the new site plan and previous conditions omitted except for maintaining 20% open space. Motion Motion to Grant the relief as requested. (made by: Botticelli) (seconded by: Koseatac) Vote Carried ananmously, 6. 23 -14 34 Monomoy Road LLC 34M ... army Road Hanley Applicant is requesting Special Permit relief m order m remove a pte- existing nonconforming residential dwelling and garage from the pre- existing non-conforming lot. The Applicant proposes to construct a new dwelling and garage /studio substantially on the same location as the existing structures. The proposed work will eliminate existing side yard setback intrusions and will reduce overall ground cover. Sitting Botticelh, McCarthy, Koseatac, Poor, Thayer Documentation File with associated plans, photos and required documentation Representing Marianne Hanley, Reade, Gullicksen, Hanley, Gifford & Cohen LLP Public None Discussion Hanley — Proposal is to move the house and construct a new dwelling that reduces the gtoundcovex and eliminates side yard non - conformity. Construction would be within the existing footprint. No concerns of the board. Motion Motion to Giant the relief as requested. (made by: Thayer) (seconded by: Koseatac) Vote Carved unanimously Page 5 of 7 Minutes for April 10, 2014, adopted June 12 /, 24 -14 John E. Morrison, W. Jeffrey Morrison, and Elizabeth P. Rosborg, as Trustees of the Seven JC Lane Trost 7 Judith Chase Lane Applicant is requesting Valiance 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 correct[ location on the westernmost lot, but will result in either a frontage non - conformity for the easternmost lot or a setback nan- cornfowity for the westernmost lot, each as result of optional lot configurations. Sitting Toole, McCarthy, O'Mara, Koseataa, Thayer Documentation File with associated plans, photos and required documentation Representing Steven Cohen, Reade, Gullicksen, Hanley, Gifford & Cohen LLP Public Sarah Alger, Sarah F. Alger P.C. David Barham, 6 Pine Street Discussioct Alger — Her client at 8 Rays Court is a direct abutter is was no[ included on the abutters list; he is objecting and asking for a re -notice. Not opened. Motion None Vote N/A 8. 25 -14 Max N. Berry, Trustee of the Berry Revocable Realty Trust, as Owner, and Jason Bridges, Applicant 15 Washington Street Applicant seeks a Modification of Condition in previously granted Special Pemdt which stated that "No food or alcohol shall be served or sold fiom the Premises" in order to convert the first floor retail use to accommodate the operation of a coffee shop, with sale of prepackaged foods to be prepared off site. Up to 24 seats will be provided between the exterior rear patio and interior Boot space, wnh no table service. The second Boor would be used for sacristy office use and storage of supplies related to the first Boor use. To the extent necessary, Applicant seeks a modification of the previously granted relief to waive the additional parking spaces required for the change in use. Applicant currently owns and operates Nantucket Bike Tours, a "personal service" which he will partially operate from this site. Sitting McCarthy, O'Mara (acting chair) , Koseatau, Poor, Thayer Documentation File with associated plans, photos and required documentation Representing Jason Bridges Public Terry L. Notion, Commander American Legion Post 82, 21 Washington Street Discussion (Minutes for hearing by E. Antoctietti) Bridges — Explains that he is present merely to remove a mirmi oct on a prior permit which prohibited sale and service of food or alcohol. Locus currently has a retail use. He proposes to convert space into a coffee shop with under 25 seats, outside seating with benches, take -out service. Nothing will be prepared on the premises. There is currently one parking spot which he will maintain so there will be no change to parking. poor — Requests larger plan to show screen g. None provided. Points out that he will need 5 spots for the 1 Take-out star.. Snell — reminds Board that Article 62 was unanimously passed at 2014 ATM. This waived all parking and loading some requirements in the CDT. All of the proposed changes ate allowed by right. The only issue before the Board is the modification of condition in prior Special Pemut which was subject to an obsolete deed restriction. O'Mara — What about hours of operation? Bridges — 6:30 am to approximately BPM. Trying to coordinate closing with the Dreamland shows and NRTA service. Poor —Asks if he intends to stay open as late as the bus station Bridges — Not necessarily. Looking at demand in peak months. Norton — representing American Legion Hall at 21 Washington Sncet. Reads letter of opposition into record. Letter submitted for the record. The concerns are regarding the parking situation, pedestrian congestion, and safety. Poor— Wants mom infomnation about terminus of the bike tour, specifically its impact on the congesdon factor. Bridges — explains that tours start at 31 Washington St. down the road. They will end only the smaller tours on this site. Poor — Where will they be offloading and storing the bikes? How, do they move them off the premises? Bridges — They will not he storing the bikes. They will temporarily stack them to the rest of the structure at the end of the tour. Then the track parked in the one spot will be loaded up and they will be removed. The bike tour business is only open for 3 summer months. There will be no rentals. O'Mara — Still wants to know about hours of operation. He notes that there is a guest house down the street. Wondering about noise factor in a partially residential area. Bridges — 6:30AM — SPM Page 6 of 7 Minutes for April 10, 2014, adopted June 12 Snell — Reminds Board that this use is allowed by right and discourages the Board from putting any conditions on hours of operation. CDT has been extended into this area which was not the case when the original restriction was imposed. McCarthy — emphasize that this is allowed by right Poor — If them is no deed restrctiom then why is he here? Snell — the restriction was carded from an older deed onm the prior permit. Motion Motion ro Grant the relief as requested. (made by McCarthy) (seconded by. Koseatac ) Vote Carried unanimously 9. 26 -14 Andrew C. Tenney and Jennifer Tenney 16A Milestone Road Turban Action deadline July 9, 2014 Applicant seeks Special Permit relief to alter the existing structure by constructing a screened -in porch in the exact location of an existing 270 square foot deck. The locus is pre - existing non conforming with respect to use due to multiple structures being sired ma the premises and an overall ground cover in excess of the 10% allowed in the xortiirg district and as such requires special permit relief and to the extent necessary Variance relief. Sitting Toole, Botticelli, McCarthy, O'Mara, Koseatac Documentation File with associated plans, photos and required documentation Representing Michael Sweeney Public None Discussion Sweeney — Request to convert deck into a covered porch with door and step moved out of the setback and adds additional ground cover to Monomoy Village. The changes have been approved by the Homeowners Association. Butticath —Her concern is at what point does the ZBA determine no more increase m ground cover can occur within the condo association. No issue with this request McCarthy — Recalled a similar conversation in regards to holding the line on increased gnmodcover. Snell — Increases in pre- existing non rm - confoing groundcover can be granted. The deck is already there; this is enclosingit. Toole — Pointed out a flaw, in the logic of using an existing deck to add groundcover. Snell — Article 65 changed the gtoundcover for a non - conforming lot being approvable under a special permit. Sweeney — The owner is agreeable to removing the shed off the application. Motion Motion to Grant relief as requested with the condition that the porch or shed never become interior /livable apace with windows. (made by Botticel) (seconded by: Koseatac) Vote Carried 4-1 /Toole opposed 1. Technical Amendment to 40B Comprehensive Permit (ZBA No. 66 -00) for Abrams Quarry allowing minor modification to driveway configuration for 6A Folger Avenue. Sitting Toole, Bottfcelli, McCarthy, O'Mara, Koseatac Documentation File with associated plans, photos and requited documentation Representing None Public None Discussion Discussion about why a side -by -side driveway wouldn't be allowed. Similar requests have been granted to allow tandem parking. Snell — Suggested including language stating the width of the driveway at the road should not exceed 24 feet Motion Motion to Approve. (made by: Bottirdli) (seconded by: Koseatac) Vote Carried unanimously 2. Articles 62, 64 & 65 were passed: Board member encouraged to make themselves familiar with the changes. Motion to Adjourn: 2:26 p.m. Submitted by: Terry L. Notion & Eleanor Antonietti Page 7 of 7