Loading...
HomeMy WebLinkAbout2014-12-11Minutes for December 11, 2014, adopted Jan. 22, 2015 ZONING BOARD OF APPEALS 2 Fairgrounds road Nantucket, Massachusetts 02554 www.nantucket- ma.,gov ` r 0 E 1% ED Commissioners: Ed Toole (Chair), Lisa Botticelli (Vice chair), Susan McCarthy (Clerk), Michael J. O'Mara, Kerim I'o'sea`tact,-l4rk Pooi, " lJ Michael Angelastro, Geoff Thayer MINUTES -- �L� �� Thursday, December 11, 2014 Public Safety Facility, 4 Fairgrounds Road, Community Room —1:00 p.m. Called to order at 1:07 p.m. Staff in attendance: Eleanor Antonietti, Zoning Administrator; T. Norton, Town Minutes Taker Attending Members: Toole, Botticelli, McCarthy, O'Mara, Koseatac, Poor, Angelastro, Thayer Absent: None Late Arrivals: None Early Departures: Angelastro 2:42 p.m. Agenda adopted by unanimous consent 1. November 13, 2014 — adopted by unanimous consent II. 01,I) BUSINESS 1. 46 -14 L. Dennis Shapiro, Trustee of Dionis Realty Trust 73 Eel Point Road Reade Sitting Toole, McCarthy, Koseatac, Poor, Angelastro Documentation File with associated plans, photos and required documentation Representing None Public None Discussion WITHDRAWAL WITHOUT PREJUDICE Motion Motion to Approve the withdrawal. (made by: Angelastro) (seconded by: Poor) Vote Carried unanimously 2. 53 -14 Tack 3, LLC 26 Washington Street Reade Applicant is requesting Variance relief from the maximum height of thirty (30) feet and Special Permit relief to waive four (4) parking spaces where the proposed Duplex and retail uses require nine (9) spaces. Applicant proposes to alter the pre - existing non- conforming mixed -use structure by adding a second dwelling unit on a portion of the first floor, elevating the structure to meet building code requirements applied in coastal flood zones, and reconfiguring the on -site parking spaces. Sitting Botticelli (acting chair), McCarthy, O'Mara, Koseatac, Angelastro Documentation File with associated plans, photos and required documentation Representing Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP — Submitted at the table revised plans correcting the groundcover showing the removal of the garage. Also, not proposing retail use, the commercial space will be the management office for the 10 dwelling units on this and the adjacent properties. There is no change in the configuration of the building, just requesting relief to bring the first floor up to elevation 11. Arthur D. Gasbarro, Blackwell and Associates Inc. Chip Webster, Chip Webster Architecture Public None Discussion (1:11) Angelastro — This is going from an existing height of 25.2 feet from grade to peak up to 34.4 feet to the peak. Asked if that could be lower in any way. Gasbarro — Not if in compliance with State building code and the flood zone requirements. The structural renovation is exceeding 50% and so must comply with code. Angelastro — I'm in favor of getting rid of the retail space. Motion Motion to Grant the relief as requested conditioned upon no exterior work between Memorial Day and Labor Day. (made by: Angelastro) (seconded by: O'Mara) Vote Carried 4- 1 / /Koseatac opposed Page 1 of 6 Minutes for December 11, 2014, adopted Jan. 22, 2015 Motion Motion to Grant the relief as requested with Option 2 except that the north and west boundaries be defined by a fence /vegetation or other screening approved by the HDC. (made by: Angelastro) (seconded by: Koseatac) Vote Carried unanimously 4. 64 -14 Jivko V. Kalpazanov and Anna Kalpazanov 27 Appleton Road Williams Applicants are seeking relief by Special Permit pursuant to Zoning By -law Section 139 -16C (1) to reduce the southerly side yard setback from 10 to 5 feet. Applicants propose to construct a garage, attached to the single - family dwelling, to be sited as close as 5.5 feet from the southerly side yard lot line. Due to the change in the setback requirement from 5 to 10 feet as a result of a change in zoning from RC -2 to R -10 in 2012, the locus was rendered pre - existing nonconforming as to side yard setback with the dwelling being sited as close as 9.3 feet from the northerly lot line. However, the Lot is conforming in all other respects and would remain so after construction. The Locus is situated at 27 Appleton Road, is shown on Assessor's Map 66 as Parcel 401, and as Lot 8 on Land Court Plan 13554 -D. Evidence of owner's title is recorded at Certificate of Title No. 22590 on file at the Nantucket County District of the Land Court. The site is zoned Residential Ten (R -10). Sitting Toole, Botticelli, O'Mara, Koseatac, Angelastro Documentation File with associated plans, photos and required documentation Representing Steve Roethke, S.M. Roethke Design — Owners purchased the property when it was zoned RC -2 when the setback was allowed to be 5 feet; zoning across the street is still RC -2. Jivko Kalpazanov —The garage is for personal antique /vintage vehicles. No work would be done on the vehicles in the garage. Public None Concerns (2:36) O'Mara — As this is for private vehicles and no work is to be done, he has no concerns. Motion Motion to Approve with the caveat that no work is to be done on the vehicles on site and the 5 -foot setback relief pertains to this proposed addition only. (made by: O'Mara) (seconded by: Botticelli) Vote Carried unanimously 5. 65 -14 George S. Frazza and Marie L. Frazza 21 Sheep Pond Road Alger Applicant is requesting relief by Variance pursuant to Zoning Bylaw Section 139 -32 for a waiver from front and side yard setback provisions in Section 139 -16 in order to relocate the existing structure away from the eroding coastal bank. Structure may be relocated across property lines and within the layout of Sheep Pond Road by virtue of a pending license agreement with the County of Nantucket. Applicant was recently granted a Temporary Permit pursuant to Zoning Bylaw Section 139 -26.H in order to allow for an emergency relocation of the dwelling which is threatened by severe coastal erosion. The Locus is situated at 21 Sheep Pond Road, is shown on Assessor's Map 63 as Parcel 19, and as Lot 2 on Land Court Plan 35142 -B. Evidence of owner's title is recorded at Certificate of Title No. 16963 on file at the Nantucket County District of the Land Court. The site is zoned Limited Use General 2 (LUG -2). Sitting Toole, Botticelli, O'Mara, Koseatac, Thayer Documentation File with associated plans, photos and required documentation Representing Sarah Alger, Sarah F. Alger P.C. — Have a license from the county to move this into a portion of the road that is not currently used; the license will remain in effect while a yard sale goes forward. Public Irene Schreiber, 22 Sheep Pond Road — The structure would move onto the road directly in front of their house and the Schreiber's driveway would come out at the Frazza's garage. Said they weren't notified about the taking of the Sheep Pond Land and wonders whether or not that has taken place. Seems it would make more sense for the Frazzas to move their house toward the neighbors and put their septic in the road. There is still trash on the beach from Ian Ratner's house and that should be cleaned up. Concerns (2:42) O'Mara — Asked if there is a time limit on the license. Alger — No; if the license were revoked, the house would have to be demolished. It is not going into the east /west portion, going into the north /south section and will be positioned far from where the erosion is coming in. The road will wash out completely. There will be no fill, the structure will be up on piers. Discussion clarifying where the house will be positioned and whether or not it will block the Schreiber's driveway. Schreiber — She understands they have to move the house, but she does not believe they have to put it right in front of her house. Koseatac — Asked if other options had been entertained about moving to the east. Alger — If they go too far east, they aren't gaining much and end up with a septic issue. This site was chosen because it is between the two other houses and gets it as far as possible from the erosion. The Planning Department is preparing to shut down that section of Sheep Pond Road and they want driveways to come into the new road. The shut down road will be disposed of through the yard -sale program. She could come back with a plan that plots out the position of the driveways. Toole — Asked the pleasure of the board. Koseatac — Asked for some options of compromise. Alger — Objected to the Ms Schreiber's use of the I Pad photos as any evidence is supposed to be submitted into the file. Motion Motion to Continue to the January 22, 2015 meeting to allow the representative to present other options for locating the house. (made by: O'Mara) (seconded by: Thayer) Page 4 of 6 Minutes for December 11, 2014, adopted Jan. 22, 2015 Vote Carried unanimously 6. 66 -14 Summer Salt, LLC 13 West Dover Street Brescher Applicant is seeking Special Permit relief pursuant to Bylaw Sections 139- 33.A(1) and 139 -7(a) to allow the change of use of a pre- existing nonconforming structure to a residential use. Specifically, applicant is seeking to convert the studio structure to a secondary dwelling. The locus is pre - existing nonconforming with the primary dwelling being sited 1.7 feet from the side yard lot line and the studio being sited 3 feet from the easterly side yard lot line and 3.1 feet from the northerly rear yard lot line where 5 foot side and rear yard setbacks are required. The studio, originally a shed built prior to the 1972 enactment of the Nantucket Zoning Bylaw, was altered and expanded when the side and rear yard setback requirements were 3 feet. The Locus is situated at 13 West Dover Street, is shown on Assessor's Map 55.4.1 as Parcel 196, and as Lot A on Plan File No. 2014 -93. Evidence of owner's title is recorded at Book 1459, Page 58 on file at the Nantucket County Registry of Deeds. The site is zoned Residential Old Historic (ROH). Sitting Toole, Botticelli, O'Mara, Koseatac, Thayer Documentation File with associated plans, photos and required documentation Representing John Brescher, Glidden & Glidden — Right now the studio contains a bedroom, bath, a loft, a living room, and kitchen. The building permit indicates that it is not for habitation. People have been living in the studio illegally for the last 15 years and the new owner would like to bring the property up to code to be a legal second dwelling. There will be no change in footprint or change to the exterior. If this studio weren't located in the setbacks, his client wouldn't have to come before the ZBA. He is asking only for the change of use. Public Catherine Ward, 4A Silver Street — Asked what would happen in regards to parking if this becomes an apartment. Concerns (3:04) Brescher — Have received an approval from the Planning Board for a second curb cut to provide off -street parking. Motion Motion to Approve as requested. (made by: Koseatac) (seconded by: Botticelli) Vote Carried unanimously 7. 68 -14 Joanne Collins Smee and Timothy Smee 10 Mayhew Road Halsted Applicant is requesting Special Permit relief pursuant to Zoning Bylaw Section 139- 16.C(2) to validate an unintentional setback intrusion of portions of the dwelling by reducing the front yard setback requirement from 35 to 33.7 feet and the side yard setback requirement from 20 feet, or 10 feet for a lot of record, to 5.6 feet. In the alternative, Applicant requests Variance relief pursuant to Zoning Bylaw Section 139 -32 for a waiver from the setback requirements in 139 -16.A. The Locus is an undersized lot of record situated at 10 Mayhew Road, is shown on Assessor's Map 92.4 as Parcel 213, and as Lot 147 on Land Court Plan 5004 -D. Evidence of owner's title is recorded at Certificate of Title No. 21893 on file at the Nantucket County District of the Land Court. The site is zoned Limited Use General 3 (LUG -3). Sitting Toole, Botticelli, O'Mara, Koseatac, Thayer Documentation File with associated plans, photos and required documentation Representing Patricia Halsted — Structure is circa 1996. Does not see a way to correct the intrusion. This came up in closing and the buyer wants it cleaned up. Public None Concerns (3:13) Toole — It would be nice to have the building permit drawing to show whether or not that door and stoop have always been there. Halsted — Said she is happy to hold this for a bit while she goes to the Building Department to find the plans. Continued for 10 minutes. (3:30) The Building Permit application and set of drawings HDC approval date 7/22/1996 that shows the door and stoop, with one less step. Toole — It appears the stoop was built after the Certificate of Occupancy (CO) was issued. Botticelli — Correction would involve getting rid of the door. Koseatac — The only reason he would vote for it is because there is a CO signed off and it has been more than 10 years. There is no way to forensically figure out what happened. Toole — The CO didn't bless the steps, they weren't on the plot plan. Motion Motion to Grant the relief as requested based upon the CO granted in 1997. (made by: Botticelli) (seconded by: O'Mara) Vote Carried 4- 1 / /Toole opposed Page 5 of 6 Minutes for December 11, 2014, adopted Jan. 22, 2015 8. 69 -14 Deborah Killen Lothian, Trustee of Lobster Plot Nominee Trust, as Owner, and Jonathan Raith, as Applicant 14 Easy Street Cohen Applicant is requesting Modification of prior Special Permit relief granted pursuant to Zoning Bylaw Section 139- 17.C(5) in order to allow the elevation of the structure to meet building code requirements applied in coastal flood zones. Applicant seeks to alter the previously approved maximum height allowance from 32 to 33 feet in order to keep the historically appropriate window size and placement and to meet other code requirements. The Locus is situated at 14 Easy Street, is shown on Nantucket Tax Assessor's Map 42.3.1 as Parcel 13, as Lot B1 on Land Court Plan 7301 -C and Lot A and a parcel of land lying east of Easy Street as shown on Land Court Plan 7301 -B. Evidence of owner's title is registered as Certificate of Title No. 16514 in the Nantucket County District of the Land Court. The site is zoned Commercial Downtown (CDT). Sitting Botticelli (acting chair), McCarthy, Koseatac, Poor, Thayer Documentation File with associated plans, photos and required documentation Representing Steven Cohen, Cohen & Cohen Law PC — Needs to be raised out of the flood zone; originally asked for 32 feet and now after going through permitting processes find they need more height. Explained efforts being taken to keep the height down. Jon Raith — Explained the flood proofing and its affect onto the rest of the structure. Public None Concerns (3:19) None Motion Motion to Grant the relief as requested. (made by: Poor) (seconded by: Thayer) Vote Carried unanimously 1. CITIZENS' WARRANT ARTICLES related to Zoning — Informational purposes at this time for discussion at January 22, 2015 meeting. Toole — Thinks spot zoning changes make no sense. 2. Approval of Revised 2015 Zoning Board of Appeals Meeting Schedule — Approved by unanimous consent. 3. Steve Butler is the interim ZEO with back up from two of his housing inspectors. ADJOURNMENT V. .Motion to Adjourn: 3:47 p.m. Submitted by: Terry L. Norton Page 6 of 6