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HomeMy WebLinkAbout2015-2-12Minutes for February 12, 2015, adopted Mar. 12 ZONING BOARD OF APPEALS 2 Fairgrounds road Nantucket, Massachusetts 02554 www.nantucket- ma.gov Commissioners: Ind Toole (Chair), Lisa Botticelli (Vice chair), Susan McCarthy (Clerk), Michael J. O'Mara, Kerim Koseatac, Mark Poor Michael Angelastro, Geoff Thayer -- MINUTES -- Thursday, February 12, 2015 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, Poor, Angelastro, Thayer - Absent: McCarthy, O'Mara, Koseatac Late Arrivals: None Early Departures: None Agenda adopted as amended by unanimous consent APPROVAL 1. OF 1. January 22, 2015: Motion to Approve. (made by: Botticelli) (seconded by: Poor) Carried unanimously OLD BUSINESS --7m 1. 40 -14 Nantucket Island Resorts, LLC 20 Cherry Street Beaudette CONTINUED To Special Meeting, date T /B /D 2. 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, Angelastro, Poor, Thayer Documentation File with associated plans, photos and required documentation Representing Wayne Morris, owner — There have been no issues with neighbors in all the years until someone complained about a couple of unregistered vehicles out front. That has been taken care o£ Public None Discussion Toole — We had wanted confirmation as to why he even had to be before the board. At that time he should have gotten a special permit but for some reason the Town building department didn't make him aware of that. It was not something Mr. Morris did. Poor — This is the same business that has been on that site under a valid building permit for 30 years. Discussion about hours of operations. Motion Motion to Approve the request that all uses on the site be approved, approval of the exterior storage with the filing of an as -built plan, waive the loading zone requirement, the hours of operation be from 7:30 a.m. to 6:00 p.m., and that the dumpster be located to the rear of the building. (made by: Angelastro) (seconded by: Thayer) Vote Carried unanimously Page 1 of 3 Minutes for February 12, 2015, adopted Mar. 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 Road Beaudette CONTINUED TO MARCH 2. 06 -15 Marianne Hanley, Trustee of Six Flint Road Realty Trust 6 Flint Road Hanley Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139 -7(a) in order to construct a commercial building to be used as a contractor's shop and office space on the first floor with interior warehousing, exterior storage, and light manufacturing and fabrication of component parts for off -site construction and use. The second floor will be used as a two- bedroom dwelling. Applicant is also requesting a waiver from strict compliance with the requirements for parking and aisle width and screening pursuant to Sections 139.18 and 139 -19. The 1,500 square foot structure will be dimensionally compliant with the provisions of Section 139 -16.A of the By -law. The Locus is situated at 6 Flint Road, is shown on Assessor's Map 69 as Parcel 338, as Lot 201 on Land Court Plan 26984 -8, and evidence of owner's title is recorded at Certificate of Title No. 25267 on file at the Nantucket County District of the Land Court. The site is zoned Cl (Commercial Industrial) and is subject to a zoning freeze for the Residential Commercial 2 (RC -2) district. Sitting Toole, Botticelli, Poor, Angelastro, Thayer Documentation File with associated plans, photos and required documentation Representing Marianne Hanley, Reade, Gullicksen, Hanley, & Gifford LLP — For carpenter's workshop in RC -2 zoning. Asking for waivers from requirements for parking, loading, and turning radius. On the south boundary line, the parking spaces are close and it will be hard to screen. Chris Lewis Public None Concerns Botticelli — Move the parking 3 feet so that they can get a hedge down there. Lewis — This area is all commercial. Angelastro — A fence is appropriate. Poor and Thayer agree. Discussion about the type of fence. Split rail with plantings. Toole — Questions why the newly created lot was done in such a manner as it can comply with zoning. Motion Motion to Approve the relief as requested with the provision that the front of the lot be screened along both side lot lines to the rear of the building. (made by: Angelastro) (seconded by: Botticel i) Vote Carried unanimously 3. 07 -15 John L. Newman 1 Perry Lane Newman Applicant is requesting Modification to Special Permit (File No. 43 -14) relief granted pursuant to Bylaw section 139 -7(a) which allowed construction of a commercial structure to be used as a Contractor Shop with interior storage, warehousing, and Light Manufacturing of furniture on site. Applicant seeks to increase the proposed size of the structure from 1,717 to 2,083 square feet, thereby substituting a revised "Exhibit A ". No other changes to the decision are proposed. The Locus is situated at 1 Perry Lane, is shown on Assessor's Map 67 as Parcel 902, and as Lot 3 on Plan No. 2007 -31. Evidence of owner's title is recorded at Book 1351, Page 311 on file at the Nantucket County Registry of Deeds. The site is zoned Residential Commercial 2 (RC -2). Sitting Toole, Botticelli, Poor, Angelastro, Thayer Documentation File with associated plans, photos and required documentation Representing John Newman — He is requesting relief to add 14 feet onto what they were approved for an entry/receiving area facing Bartlett Road. This will continue to comply with open space requirement. Josiah Newman Public None Concerns Discussion about the boardwalk complying with the open space requirement. Toole — Everything else will remain the same. Motion Motion to Grant the relief as requested based upon the new site plan as submitted and everything else is as approved. (made by: Botticelli) (seconded by: Angelastro) Vote Carried unanimously Page 2 of 3 Minutes for February 12, 2015, adopted Mar. 12 4. 08 -15 Frank Capizzo, Trustee of Scott Realty Trust 8 Nonantum Avenue Cohen Applicant seeks confirmation that the locus is a grandfathered preexisting nonconforming buildable lot of record. In the alternative, and to the extent necessary, Applicant is requesting relief by Variance pursuant to Section 139 -32 from the provisions of By -law Section 139 -16.A in order to validate the locus as a separate buildable lot which has not merged, for zoning purposes, with any abutting lot. The Locus is situated at 8 Nonantum Avenue, is shown on Assessor's Map 87 as Parcel 9, and as Lot 3 on Plan Book 18, Page 70. Evidence of owner's title is recorded at Book 395 Page 341 on file at the Nantucket County Registry of Deeds. The site is zoned Residential 20 (R -20). Sitting Toole, Botticelli, Poor, Angelastro, Thayer Documentation File with associated plans, photos and required documentation Representing Steven Cohen, Cohen & Cohen Law PC — Reviewed the history of the property as it relates to zoning. Only the lot under discussion has not been improved. The lots have not merged; this is a pre - existing lot. Asking for verification of that from the board. Explained why he believes the lots were never merged. Cited pertinent cases supporting his argument. Asked the board to find that this is a pre - existing buildable lot of record and a variance is not necessary. Scott Capizzo — Reviewed ownership history of the four lots. Public None Concerns Toole — If the lots were improved and the statute has come and gone; he doesn't see how it could be considered merged. Angelastro — He has no problem ruling in the favor of this applicant. Motion Motion to Recognize 8 Nonantum Avenue as a pre- existing, nonconforming buildable lot of record. (made by: Angelastro) (seconded by: Botticelli) Vote Carried 4 -0 /Poor abstain OLD BUSINESS (continued) 3. 6714 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, Koseatac, Thayer Documentation File with associated plans, photos and required documentation Representing Sarah Alger, Sarah F. Alger P.C. — Stated she is happy to go forward with four. Clarified that they have not requested relief for height; this will be put on piers, not a full foundation. Reviewed the 3 Concept Plans: the first is the preferred putting the house and septic as far from the bank as possible and the house and septic reach failure at the same time; the second moves the structure 26 feet southeast and septic in the envelope; the third still has the septic in the licensed area. Concept Plans 2 & 3 have the house reaching failure before the septic. The other land her client was offered was in Sheep Pond Road itself, which would require relocating all driveways along the road; her client did not accept that. Jeff Blackwell, Blackwell and Associates Public None Discussion Botticelli — She finds Concept Plan 3 to be a nice compromise. Discussion about whether or not conditions need to be attached. Botticelli — Asked about the elevation of the location noted in Concept Plan 3. Blackwell — He has that information but not here. Thayer — Concrete piers would require additional structure and so raise the height a bit more. Alger — This will not exceed 30 feet. They will not build up the grade Motion Motion to Approve the relief as requested and using Concept Plan 3 with no change in grade. (made by: Botticelli) (seconded by: Thayer) Vote Carried 4 -0 OTHER V. 1. Discussion about the need for a special meeting to hear 40 -14 Nantucket Island Resorts, LLC and whether or not Ms Botticelli can sit on the appeal. ADJOURNMENT Motion to Adjourn: 2:03 p.m. Submitted by: "ferry L. Norton Page 3 of 3