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HomeMy WebLinkAbout2015-1-22Minutes for January 22, 2015, adopted Feb. 12 ZONING BOARD OF APPEALS 2 Fairgrounds road Nantucket, Massachusetts 02554 www.nant-ucket-ma.gov `?ECtE'.'ED Commissioners: Ed Toole (Chair), Lisa Botticelli (Vice chair), Susan McCarthy (Clerk), Michael J. O'Mara, Kerjp .oseat RECEIVED Poor, MINUTES Thursday, January 22, 2015 v LL Public Safety Facility, 4 Fairgrounds Road, Community Room —12:00 p.m. 1 J f t i J 1 t _. Called to order at 12:05 p.m. Staff in attendance: Eleanor Antonietti, Zoning Administrator; Marcus Silverstein, Zoning Enforcement Officer (ZEO); Terry Norton, Town Minutes Taker Attending Members: Toole, Botticelli, O'Mara, Koseatac, Poor, Angelastro, Thayer Absent: McCarthy Late Arrivals: Poor 12:06 p.m. Early Departures: None Agenda adopted by unanimous consent 1. December 11, 2014 — Motion to Approve. (made by: Thayer) (seconded by: Koseatac) Carried unanimously • 1 1. 40 -14 Nantucket Island Resorts, LLC 20 Cherry Street Beaudette CONTINUED to February 12, 2015 Appellant brings an appeal of a "Notice of Zoning Code Violation and Order to Cease, Desist, and Abate" issued by the Zoning Enforcement Officer on May 5, 2014. The "Notice" asserted a violation of Section 139 -33.A of the Zoning Bylaw with regard to the alteration of a pre - existing, nonconforming commercial use without the required special permit. In the alternative, Applicant requests modification of prior Special Permit to allow commercial storage on the premises by Nantucket Tents, the current Lessee. Sitting Toole, Botticelli, O'Mara, Koseatac, Thayer Documentation File with associated plans, photos and required documentation Representing Rick Beaudette, Vaughan, Dale, Hunter and Beaudette, P.C. — Is asking continuance to February to allow time to prepare a proper site plan; that has not yet been accomplished. Also, the owner, NIR, is asking for Mr. Andy Grennan, the tenant, to be allowed to remain in place for the summer and for the long term to maintain NIR's right to continue using the property for storage. Public None Discussion Botticelli — No issue with the continuance; but said she thinks she should step down because of her relationship to Mr. (12:07) Grennan's in -laws. O'Mara — Recommend she not make that decision today and wait until the hearing opens in February. He believes a disclosure should be sufficient in this case. Discussion about what the special permit would allow and whether or not Mr. Grennan's business can stay there for the summer and vacate the property by a set date. Discussion on the motion to continue. Antonietti — Mr. Clifford Williams could not attend the meeting today; he indicated relief at the continuance because he wants to be present to hear and respond to the proposed use. Toole — Reiterated that he doesn't want this to drag on. Botticelli — Mr. Koseatac might or might not be here for the February meeting; a vote on the Cease and Desist Order would allow them to function. Antonietti — Could vote on permitting Nantucket Tents using the property through the summer and vote on the new Special Permit separately. Toole — The intent is to make the nonconformity go away. Beaudette — At this point in time, he is lacking the actual hours of operation and the dimensions. Motion Motion to accept the request for continuance until February 12. (made by: Botticelli) (seconded by: Koseatac) Vote Carried unanimously Page 1 of 5 Minutes for January 22, 2015, adopted Feb. 12 2. 65 -14 George S. Frazza and Marie L. Frazza 21 Sheep Pond Road Alger Applicant is requesting relief by Variance for a waiver from front and side yard setback provisions 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 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. — Two plans submitted at the table: concept plan 1 shows the preferred location and is expanded out to show the neighboring property, concept plan 2 is an alternate location. The site plan shows the loss of bank in one year. If the house is moved 28 feet south, 18 feet of separation from the bank is lost; that is about 20% of the gain over the preferred location. Jeff Blackwell — The septic shouldn't go over the bank before the need to demolish the house is upon them. Public (Irene Schreiber, 22 Sheep Pond Road arrived late and was directed to talk to Ms Antonietti after the meeting.) Discussion Discussion about the possible location of the septic in both cases; it should be further from the beach than the house. (12:26) Thayer —The Shreibers would prefer the Concept 2 location and the septic would have to go where the house is positioned in the Concept 1 plan. When either is threatened, the house is no long habitable. If the house is close to the Shreibers, the septic is closer to the beach. Blackwell — In concept 1, the leech trenches would be located a sufficient distance from the eroding bank. Botticelli — If 110 feet is maintained parallel to the coast line, and he can work the system into that, if the corner goes over, the septic system wouldn't go over the bank before the house. Toole — The shore could drop suddenly and eat straight into the house or not. He doesn't see the net difference between Concept 1 and Concept 2. The septic is the other part of this puzzle and both have to work. He believes the neighbor has a legitimate concern in regards to the house going in the former road layout. Thayer — A tight tank is an option for the septic considering how much use the property gets. Alger — Offered to come back with the septic plan. Botticelli — It would be interesting to know if the septic will work in Concept 1. Toole — Believes there would be the need for a number of variances for the septic location in Concept 1. Blackwell — An application is pending with the Conservation Commission Alger — Talked to the Board of Health (BOH) about the septic going into the license area. Originally the BOH said no, they then changed their minds; her client has that. She needs to have a final location for the septic before this project is heard by the Conservation Commission. Motion Motion to Continue to February 12. (made by: Botticelli) (seconded by: O'Mara) Vote Carried unanimously 3. 03 -15 Pearl Street Realty Trust 4 India Street Weinman Applicant requests rescission of previously granted Special Permits. The commercial use of the property is now allowed by right. Sitting Toole, Botticelli, O'Mara, Koseatac, Thayer Documentation File with associated plans, photos and required documentation Representing Rhoda Weinman — The Bean is moving to 4 India Street; everything he is doing is in compliance with the bylaws in regards to the change in the zoning district. Met with Mr. Andrew Vorce, Director of Planning and Land Use Services (PLUS), who recommended rescinding the previous special permits. There will be some seating for less than 24 with some retail of coffee and cooking products and serving light lunch to include only soup and sandwich preparation. Public None Discussion Toole — The 1986 decision talks about the 3rd floor only for year -round occupancy; does she want that rescinded as well. (12:51) Weinman — She is concerned only with the area her client is using, the 11, floor. Toole — Noted they don't want to "blanket rescind" everything. Weinman — Stated she has permission of the property owner to be before the board today. Motion Motion to Approve the application as requested with the note it pertains to the 111 floor only. (made by: Koseatac) (seconded by: O'Mara) Vote Carried unanimously Page 2of5 Minutes for January 22, 2015, adopted Feb. 12 1. 67 -14 Giedrius Miksys & Kristina Ralkova, et alas Owners, and Nantucket Properties, LLC & Trade Wind Cottages Condominium, as Applicants 40 & 42 Nobadeer Farm Rd Beaudette CONTINUED TO February 12, 2015 2. 01 -15 Matina M. Koronis, Trustee of Matina M. Koronis Revocable Trust 16H Milestone Road Reade Applicant is requesting as -built relief by Special Permit pursuant to Zoning Bylaw Section 139 -33 for a kitchen bump -out addition containing approximately 35 square feet of ground cover, as well as an exterior shower enclosure not constituting ground cover, which will bring the total ground cover ratio of the lot to approximately 19.22 %. The locus is pre - existing non - conforming with respect to use due to multiple dwellings being sited on the premises and due to an overall ground cover in excess of the 10% allowed in the zoning district and as such requires special permit relief and to the extent necessary Variance relief pursuant to Section 139 -32. The Locus is situated at 16H Milestone Road, is shown on Assessor's Map 54, Parcel 130.7, and as Unit 8 on Plan File 23 -1. Evidence of owner's title is recorded at Certificate of Title No. C6 -14 on file at the Nantucket County District of the Land Court. The site is zoned Village Residential. (VR). Sitting Toole, Botticelli, O'Mara, Koseatac, Thayer Documentation File with associated plans, photos and required documentation Representing Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP — Relates to the Monomoy Village Condominium for the middle unit, known as Dionis, to add a 35 SF addition. Groundcover is the only issue, which is 10 %; existing condition is 18.45% groundcover. Recently another cottage was approved an addition and this addition would bring groundcover to 19.22 %. These pre -date zoning. The most recent rezoning was from LUG1 to VR. Public None Concerns Koseatac — Don't think a parallel could be drawn between this and the previous approval, which was to create a (12:56) screened porch on an existing deck and didn't increase livable space. This increase livable space. Reade — The question is whether or not it is detrimental to the neighborhood. His client has been in touch with the other unit owners; they would have to amend the condo documents, which he doesn't believe has been done in the other cases. Antonietti — There is also a special permit for the structure in the northeast corner, known as Cisco. That was included in the packet. O'Mara — He is okay with the incremental increase but would like the applicant to provide the office with confirmation of other owner's support for the work. Discussion about obtaining a document from the condo assn supporting the document. Motion Motion to Approve with submission of a document from the condo supporting this project. (made by: Botticel i) (seconded by: O'Mara) Vote Carried 4 -1 /Toole opposed 3. 02 -15 Wayne Morris and Nancy Morris 30 Bartlett Road Morris Applicants are seeking relief by Special Permit pursuant to Zoning Bylaw Section 139 -7(a) to allow an as -built 4,840 square foot commercial structure to be used as a Contractor Shop with interior and exterior storage, warehousing, and Light Manufacturing on site. The single story warehouse contains seven units with separate garage doors. Each unit may be rented to contractors engaged in commercial operations that include carpentry, masonry, and landscaping. The locus is conforming as to all setbacks, frontage, ground cover, open area, and parking. The Locus is situated at 30 Bartlett Road, is shown on Assessor's Map 67 Parcel 110, and as Lot 2 on Plan Book 17, Page 1. Evidence of owner's title is recorded at Book 1465, Page 110 on file at the Nantucket County Registry of Deeds. The site is zoned Residential Commercial 2 (RC -2). Sitting Toole, O'Mara, Koseatac, Angelastro, Thayer Documentation File with associated plans, photos and required documentation Representing Wayne Morris — Requesting relief by a special permit in order to continue operating the warehouse on 30 Bartlett Road. The ZEO informed him he doesn't have the adequate permit to operate; they built the structure in 1982. Public Marianne Hanley, Reade, Gullicksen, Hanley, & Gifford LLP — Suggested researching the code in 1982. Concerns Antonietti — In 1982 a permit was not issued for special permit relief. Today, you couldn't file a building permit without (1:10) the special permit relief. The building permit was not closed out; there is no CO. Angelastro — He has adequate parking and setback. He's ready to move forward. Toole — Doesn't see this as an as -built situation and doesn't see there was a need for Mr. Morris to be here. Antonietti — This is a use permit only. Exterior storage requires a special permit. Morris — There is some exterior storage. Toole — Any other applicant would be required to provide hours and thinks the board should be consistent. O'Mara — Suggested continuing for a month to get the ZEO in to explain why this is required. Toole — The building permit was for a shop and warehouse not for human habitation. Motion Motion to Continue to February 12. (made by: O'Mara) (seconded by: Thayer) Vote Carried unanimously Page 3 of 5 Minutes for January 22, 2015, adopted Feb. 12 4. 04 -15 Laurinda Pfaff LeCain and La LeCain �5' 347 Madaket Road Hanley Applicant seeks Modification of prior relief by Variance pursuant to Zoning Bylaw Section 139 -32 in order to reconfigure the "Licensed Areas" by virtue of conveyance of a 2,812 square foot section of said parcels to abutting property at 4 Ames Avenue. The total existing lot area, consisting of applicants' property combined with three "Licensed Areas ", will be decreased from approximately 39,220 square feet to 36,410 square feet. The prior decision allowed applicant to relocate the existing structure away from the eroding coastal bank, across property lines and within land owned by the Applicant and under the Applicant's control through a License Agreement with the Town of Nantucket. While the lot configuration would be changed as a result of the proposed conveyance, the relocated structure would remain unchanged. The Locus is situated at 347 Madaket Road, is shown on Assessor's Map 60 as Parcels 137 & 138, as Lot D -1 and portion of Lot D -3 upon Land Court Plan 3092 -X and as Parcels 2 & 3 on Plan No. 2013 -47. Evidence of owner's title is recorded at Certificate of Title 25179 on file at the Nantucket County District of the Land Court. The site is zoned Village Residential (VR). Sitting Toole, Botticelli, Poor, Angelastro, Thayer Documentation File with associated plans, photos and required documentation Representing Marianne Hanley, Reade, Gullicksen, Hanley, & Gifford LLP — The reason for the original variance was to site the house within the front setback area. Granting this would bring 4 Ames Avenue into compliance as to lot area. Public None Concerns Discussion and clarification of what is happening (1:26) Thayer — Is okay with granting the modification. Motion Motion to Approve the relief as requested with a modified site plan showing a new location for the shed. (made by: Angelastro) (seconded by: Thayer) Vote Carried unanimously 5. 05 -15 Windhorse Ventures, LLC 5A Salros Road Tupper Applicant is requesting Special Permit relief pursuant to Zoning Bylaw Section 139 -7 in order to allow the construction of a two story 950 square foot commercial structure. The proposed use would be as a Contractor Shop with interior storage, warehousing, and Light Manufacturing of mill work and fittings on site. The second floor will be used as an office and for storage 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 Minor Site Plan Review pursuant to Bylaw Section 139 -23. The Locus is situated at 5A Salros Road, is shown on Assessor's Map 66 as Parcel 506, and as Lot B on Plan No. 2006 -3. Evidence of owner's title is recorded at Book 988 Page 91 on file at the Nantucket County Registry of Deeds. The site is zoned Residential Commercial 2 (RC -2). Sitting Toole, Botticelli, Koseatac, Angelastro, Thayer Documentation File with associated plans, photos and required documentation Representing Burr Tupper — This is for construction of a contractor shop with storage and warehousing and a 2nd -floor office. This is in keeping with zoning along that road. 5 Salros Road has an existing structure; 5A is currently a vacant lot. Public None Concerns (1:35) Toole — Asked if everything were moved forward 6 inches, would everything fit. Tupper — Yes. Angelastro — Reviewed the restrictions that would apply to this. Toole — When there is light manufacturing, the board usually imposes air conditioning with closed windows and doors to control machine exterior noise. The east side lacks screening. Tupper — The Planning Board has permitted the second curb cut. The south and east have screening that is on the neighbor's property; his plan shows screening on the west. Motion Motion to Grant as requested with the same restrictions noted in Document 1012 page 133, plus the building shall be air conditioned. (made by: Angelastro) (seconded by: Koseatac) Vote Carried unanimously mkwe ` 1. Discussion of Fee Schedule for Rescission applications Antonietti — Have not been imposing a fee when applications are rescinded; with bylaw changes, it could be a case of more people doing that. Discussion about the reasons for rescission of applications and whether or not applicants should pay a fee in those cases. Toole — It is the same amount of work and applicants should pay the same fee as everyone else. 2. Institution of electronic signatures to expedite filing of Decisions with Town Clerk Antonietti — There was a complaint about how long it took to get member signatures. Don't have to use that option but it is available in those situations when people are traveling. Not comfortable with signing on behalf of two or more members. Toole — It's not like it takes a very long time to get decisions signed; this opens ZBA up for further complaints that a document wasn't signed "in a nano - second." He is concerned digital would become the de facto way of signing. Discussion about how well the current system works and concerns with going to electronic signatures. Members are in favor of keeping the system as is. Page 4 of 5 Minutes for January 22, 2015, adopted Feb. 12 3. Ms Antoniette explained that Leslie Snell, Deputy Director PLUS, is fine - tuning the zoning warrant articles and hoped members of the ZBA could attend the Planning Board hearing on those articles. Mr. Toole asked that the articles be sent to the ZBA members before hand so that they have time to review them. 4. Mr. Toole announced that Susan McCarthy had a baby boy. N". ADJOURNMEN'r Motion to Adjourn: 2:00 p.m. Submitted by: Terry L. Norton Page 5 of 5