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HomeMy WebLinkAbout2014-8-14Minutes for August 14, 2014, adopted Sept. 11 UC/rET ` 3 d ZONING BOARD OF APPEALS N 2 Fairgrounds road Nantucket Massachusetts 02554 �9paAAZb�� www.nantucket- ma.gov RECEIVED Commissioners: Ed Toole (Chair), Lisa Botticelli (Vice chair), Susan McCarthy (Clerk), Michael J. O'Mara, K2 @J�Kb &cRrk 1R6q 10 1 Michael Angelastro Geoff Thayer MINUTES Thursday, August 14, 2014 � Ei ;� C Public Safety Facility, 4 Fairgrounds Road, Community Room —1:00 p.m. Called to order at 1:03 p.m. Staff in attendance: Eleanor Antonietti, Administrator; T. Norton, Town Minutes Taker Attending Members: Toole, Botticelli, McCarthy, O'Mara, Koseatac, Poor, Angelastro, Thayer Late Arrivals: Thayer 1:05 p.m. Early Departures: None Agenda adopted as amended by unanimous consent APPROVAL OF 1. July 10, 2014 — Motion to Approve. (made by: O'Mara) (seconded by: Koseatac)Carried unanimously 01-D BUSINESS - 1. 085 -13 Joseph W. Foley & Harris K. Doliner 8 Charter Street Beaudette Requests Special Permit relief as well as Variance relief to reduce the side yard setbacks. The proposed 40 square foot two -story addition to the west side of the dwelling will create new non - conformities with respect to the westerly side yard setback. Sitting Toole, O'Mara, Koseatac, Poor, Thayer Documentation File with associated plans, photos and required documentation Representing Rick Beaudette, Vaughan, Dale, Hunter and Beaudette, P.C. — Presented an update: trying to negotiate a land swap with the abutter to rectify the issue. Asked for a continuance. Public None Discussion No comments. Motion Motion to Continue to September 11. (made by: O'Mara) (seconded by: Koseatac) Vote Carried unanimously 2. 092 -13 Corbie ACV, LLC 10 Salros Road Paterson Request for minor technical amendment to the Site Plan as filed with the Special Permit granting relief to construct a dimensionally compliant 2,340 square foot 4 -day Contractor Shop, with interior and exterior storage of landscaping materials. Sitting Toole, Botticelli, O'Mara, Koseatac, Poor Documentation File with associated plans, photos and required documentation Representing Neil Paterson — Explained circumstances leading to the need for the amendment. Public None Discussion (1:07) No concerns. Motion Motion to Approve. (made by: O'Mara) (seconded by: Poor) Vote Carried unanimously 3. 03 -14 Joseph & Marcia Aguiar 68 Fairgrounds Road Aguiar WITHDRAWAL WITHOUT PREJUDICE Sitting Toole, Botticelli, McCarthy, Koseatac, Angelastro Documentation File with associated plans, photos and required documentation Representing Staff Public None Discussion (1:11) No comments. Motion Motion to Accept the withdrawal without prejudice. (made by: McCarthy) (seconded by: Koseatac) Vote Carried unanimously Page 1 of 4 Minutes for August 14, 2014, adopted Sept. 11 4. 17 -14 Andrew T. Perlman 4 Derrymore Road Brescher CONTINUED until September 11, 2014 Applicant is requesting modification of a previously issued Special Permit in order to modify the previously approved increase in height of the studio from fifteen (15) feet to 17 (seventeen) feet. The existing studio is nonconforming as to side and rear yard setback, being sited approximately 1.52 feet from the side yard setback and 1.88 feet from the rear yard setback in a zoning district that requires a five (5) foot side and rear yard setback. Sitting Toole, Botticelli, McCarthy, Thayer Documentation File with associated plans, photos and required documentation Representing John Brescher, Glidden & Glidden Public None Discussion None Motion Motion to Continue to September 11. (made by: Botticelli) (seconded by: McCarthy) Vote Carried unanimously 5. 37 -14 Nantucket Islands Land Bank (NILB), as Owner, and Lynn G. Silverman et al, as Applicant /Appellant 4 Codfish Park Road Sutton Appellant brings an appeal and requests that the Zoning Board of Appeals overturn the interpretation /determination of Zoning Enforcement Officer that 1) the proposed use of the property as a park constitutes the "preservation of a lot in its natural condition ", a use allowed by right in all zoning; and 2) the installation of playground equipment and a gazebo is accessory to the use as a park. The Locus is a vacant lot whose proposed use is for a public playground. Sitting Toole, Botticelli, McCarthy, O'Mara, Poor Documentation File with associated plans, photos and required documentation Representing Andrew Sutton, Riemer & Braunstein LLP, for Lynn Silverman et al— Stated that NILB has come to the table and is working on a settlement agreement. Requested a continuance. Explained why it is proper to continue, rebutting some of Mr. Reade's comments. The NILB is set up as a body independent of the Town; contends therefore municipal use should not be extended to NILB. Again requested a continuance to allow time to respond to Town Counsel's letter and allow time to work this out outside of this board. Asserts NILB is not a municipal entity. Questions Town Counsel's opinion. Public Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP, for NILB — Opposes the continuance; matter is not properly before the board. The question is if the use requires a special permit. ZBA has Town Counsel's recommendation before them. This is a municipal use permitted in all districts. In response to Mr. Sutton's additional comments: T is a Nantucket municipal organization; Town Counsel's recommendation that this is in fact a municipal use. Discussion (1:14) Toole — The letter came out the 121' and so is of a mind to continue. McCarthy — Requested the letter and have the recommendation; doesn't want to tie up town resources "researching" the backup material supporting Town Counsel's decision. Sutton — Reasserted his argument for continuing to Sept. 11. Consensus is to continue Motion Motion to Continue to September 11. (made by: Poor) (seconded by: O'Mara) Vote Carried unanimously 111. NEW BUSINESS 1. 40 -14 Nantucket Island Resorts, LLC 20 Cherry Street Beaudette CONTINUED until September 11, 2014 2. 41 -14 Dennis Cross and Anne F. Cross, Trustees of Thirty-Four India Street Trust 34 India Street Cohen Applicant seeks relief by Special Permit or Variance, to the extent necessary, in order to validate the as -built structure, which has nominal differences from the setback calculations shown in the prior and current plans. The Applicant also seeks confirmation that the other variations in the As -Built plan compared to the prior plans used for zoning relief do not need further relief because they are based solely on calculations and do not reflect physical alterations to the existing dwelling and shed structures. The dwelling has been granted prior relief allowing alterations of a pre - existing non - conforming structure both within and outside the setbacks. Sitting Toole, Botticelli, McCarthy, Koseatac, Poor Documentation File with associated plans, photos and required documentation Representing Steven Cohen, Cohen & Cohen Law PC — The as -built shows a minor increase to encroachment, about 2 inches, from the original plan; bases the discrepancy on a possible surveyor error and use of a different control point. Fixing would create an undue hardship on the applicant. Requesting a variance. Public None Discussion (1:32) Clarification of the two surveyed plans and final placement of the structure. Botticelli — Wants to ensure this is a variance and is properly addressed as such. Discussion about how to word the variance. Motion Motion to Grant the relief as requested. (made by: Thayer) (seconded by: McCarthy) Vote Carried 4 -1 /Poor opposed Page 2 of 4 Minutes for August 14, 2014, adopted Sept. 11 3. 42 -14 Eric F. Silverman and Melanie W. Silverman 5 Heller Way Beaudette Applicant seeks modification of prior relief granted in zoning Board of Appeals Decision 067 -13 or, to the extent necessary, Special Permit relief. Applicant proposes to demolish a pre - existing nonconforming 1,812 square foot dwelling with attached garage in order to construct a 1,420 square foot main dwelling and 672 square foot second dwelling with attached garage. Prior relief was granted for the removal and reconstruction of two structures that would maintain the existing ground cover ratio of 5.4% where a maximum of 4% is allowed. The proposed work increases the ground cover ratio to 6.2 %. Sitting Toole, Botticelli, McCarthy, O'Mara, Koseatac Documentation File with associated plans, photos and required documentation Representing Rick Beaudette, Vaughan, Dale, Hunter and Beaudette, P.C. — Current proposal is to have 1,420 square foot (SF) main dwelling and 672 SF second dwelling with attached garage resulting in a 280 SF increase from the previous proposal. The question is whether or not this proposal is more detrimental to the neighborhood than the previous proposal. This structure was in existence prior to the creation of this subdivision. Argues the 280 SF is not a substantial detriment to the neighborhood. Points: Not about changing the zoning; already over the allowed groundcover of 1500. Asked for a continuance. Steve Roethke, S.M. Roethke Design — Explained how this structure will fit well into the context of the neighborhood. Public Peter Lee, 3 Austine Locke Way — Spoke in opposition, referenced email dated August 4, 2014. This is a 50% increase in the ground cover. The point here is the zoning and related inappropriateness. Carol Langer, 7 Heller Way — Spoke in opposition to this change; was not opposed to the original approval. This is extremely contrary to what she would like to see here. This would make the groundcover a total of 39.4% over what is allowed by zoning. The neighborhood already stopped a change from LUG 2 to LUG 1. Believes it would be possible to build an acceptable elegant home within the 1,812 SF. Rob Frame, 13 Austine Locke Way — Spoke in opposition to this change. Said he doesn't understand how removing the pre - existing structure for new construction can allow relief to ground cover. Diane Frame, 13 Austin Locke Way — This is about the future of what might happen to the neighborhood should this permit be granted, the precedent that it might set. Susan Sweatland, 5 Davis Lane — Asked about what counts as ground cover. Janice Harris, 12 Westerwyck Way — Some of the continued challenges are to change the zoning which the neighbors are against. Steve Erisman, 5 Austine Locke Way — Believes the porch was enclosed without a permit and this enclosure put the house over 1,500 SF after the subdivision was established. Discussion (1:46) Botticelli — This is a lot of ground cover to approve just for a garage bay. Consensus is against granting the relief. Beaudette — Asked for a continuance to talk to abutters or come back with a different design within 1,812 SF. O'Mara — Suggested placing a one -month limit on the extension. Discussion and clarification for the abutters on the motion. Motion Motion to Continue for one month. (made by: Botticelli) (seconded by: O'Mara) Vote Carried unanimously 4. 43 -14 John L. Newman 1 Perry Lane Newman Applicant is requesting Special Permit relief to construct a commercial structure to be used as a Contractor Shop with interior storage, warehousing, and Light Manufacturing of furniture on site. The second floor will be used as an office ancillary to the commercial operation. The locus will be conforming as to all setbacks, frontage, ground cover, open area, and parking. Applicant is also requesting, to the extent necessary, Minor Site Plan Review. Sitting Toole, Botticelh, McCarthy, O'Mara, Koseatac Documentation File with associated plans, photos and required documentation Representing John Newman — Relief is for loading in the parking area. Propose a fence for protection /security during construction. Shop space would shut down. Would like a boardwalk instead of a brick walkway. Public None Discussion (2:27) Toole — Would require use of air conditioning in order to keep windows and doors closed and mitigate construction noise. No outdoor storage. Antonietti — No operation on Sunday. Consensus is okay with a boardwalk over a brick walkway. Hours of Operations: 7 -7 and no Sunday for the shop. Outdoor storage to be screened. Waive the loading. Plan to show boardwalk. Motion Motion to Grant as requested. (made by: Botticelli) (seconded by: O'Mara) Vote Carried unanimously Page 3 of 4 Minutes for August 14, 2014, adopted Sept. 11 OTHER 1. Discussion regarding potential Bylaw changes for the 2015 Annual Town Meeting. a. Abuse of applying for increases in groundcover when already over groundcover. b. Adopting spot zoning for specific situations. c. Abuse of private clubs being permitted in any zoning area. ADJOURNMENT V. Motion to Adjourn: 2:53 p.m. Submitted by: Terry L. Norton Page 4 of 4