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HomeMy WebLinkAbout2015-4-9Minutes for April, 2015, adopted May 14 ZONING BOARD OF APPEALS 2 Fairgrounds road Nantucket, Massachusetts 02554 www.nantucket- tna.gov Commissioners: lid Toole (Chair), Lisa Botticelli (Vice chair), Susan McCarthy (Clerk), Michael J O'Mara KerimT{oseatac, Mark Poor, Michael Angelastro, Geoff Thayer -- MINUTES -- Thursday, April 9, 2015 Public Safety Facility, 4 Fairgrounds Road, Community Room —1:00 p.m Called to order at 1:24 p.m. Staff in attendance: Eleanor Antonietti, Zoning Administrator; T. Norton, Town Minutes Taker Attending Members: Toole, Botticelli, O'Mara, Koseatac, Thayer Absent: McCarthy, Poor, Angelastro Late Arrivals: Koseatac, 1:30 p.m. Early Departures: None Agenda adopted by unanimous consent APPROVAL 1. OF 1. March 12, 2015, Motion to Approve. (made by: O'Mara) (seconded by: Thayer) 3 -0 /Botticelli abstain OLD BUSINESS 1. None 111. NEW BUSINESS -0 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 TNL�Y 14, 2015 2. 13 -15 Roy K. Barrett, as Owner, and Joseph W. Manning, as Applicant /Contract Purchaser 19 Amelia Drive Weinman Applicant is requesting Special Permit relief pursuant to Zoning Bylaw Sections 139 -30 and 139 -7(a) in order to construct a mixed - use 2,000 square foot building. The first floor commercial use will contain a physical therapy practice ("Medical Clinic ") and the second floor residential use will contain two 3- bedroom apartments. The proposed structure and the locus will be conforming as to all dimensional, parking, and open space requirements. The Locus is situated at 19 Amelia Drive, shown on Assessor's Map 67 as Parcel 428, and as Lot 17 on Plan File No. 30 -D. Evidence of owner's title is recorded at Book 888, Page 138 on file at the Nantucket County Registry of Deeds. The site is zoned Commercial Neighborhood (CN) and is located in the Public Wellhead Recharge Overlay District. Sitting Toole, Botticelli, O'Mara, Thayer Documentation File with associated plans, photos and required documentation Representing Rhoda Weinman — She is asking for a decision on the use so that her client can decide whether or not to proceed with the closing. The zoning changed to CN in 2010 and the residential is a secondary use no longer covered in the zoning. Public None Concerns O'Mara — Doesn't think there is anything being proposed that is not already allowed. Motion Motion to Grant the relief as submitted with the proviso that the site plan comes back for staff approval. (made by: O'Mara) (seconded by: Botticelli) Vote Carried unanimously Page 1 of 2 Minutes for April, 2015, adopted May 14 3. 09 -15 Justin D. Moore and David W. Moore 8 Cornish Street Brescher Applicant is requesting Variance relief pursuant to Zoning Bylaw Section 139 -32 from the intensity regulations in Section 139 -16. The Locus is pre - existing nonconforming with respect to lot size and setbacks. Applicant proposes to demolish and replace the existing 415 square foot dwelling with a new 448 square foot dwelling. The new structure will be less nonconforming than the existing structure with regard to setbacks. The existing 29 square foot shed will be removed. The Locus is situated at 8 Cornish Street, is shown on Assessor's Map 42.4.1 as Parcel 116, and as Lot 6B on Plan No. 2010 -41. Evidence of owner's title is recorded at Book 1276, Page 301 on file at the Nantucket County Registry of Deeds. The site is zoned Residential 1 (R -1) district. Sitting Toole, Botticelli, O'Mara, Koseatac, Thayer Documentation File with associated plans, photos and required documentation Representing John Brescher, Glidden and Glidden — The lot, created in 2010, is undersized for R -1. The proposal is to demolish the existing structures in favor of a new less - nonconforming structure. The work has HDC approval. The roof overhang will encroach into the setback 1.25 feet, according to the surveyor. Public None Concerns O'Mara — Disclosed that several years ago, his office handled the sale of this property but he doesn't know if this is the same owner or not. He has no on -going business and never met the applicants. No one has concerns with Mr. O'Mara sitting on this. Toole — That would be a 16 -inch overhang; the drawings do not reflect that much of an overhang. Botticelli — She is concerned that granting an variance for eaves over the setback will open up a can of worms. Thayer — Asked if the ungrounded bay encroaches. Toole — If you can walk into a space under a 2nd -floor element whether or not there is a foundation under it, it counts as groundcover. Antonietti — Bay windows do not count as groundcover. Brescher — Noted that in addition to the overhangs, decking and steps are encroaching in the setback as well. The steps will be approximately 1.89 feet from the southeastern lot line; the current structure is 1 foot from the lot line. He believes the variance criteria is met due to the shape of the lot and the small size. The zoning was changed from CN to R -1 about a year ago which changes the set back from zero. Toole — He doesn't see a need to discuss the overhang, but he is not going to bless going over the 5 -foot setback under any circumstances. This building needs to be designed to be inside the 5 -feet setback; if the surveyor is concerned about the overhang, work that out with the surveyor. Botticelli — Is not concerned about granting relief from the setback on the Cornish Street side given the size of the lot. Doesn't have a lot of issue with the decking as the current structure is encroaching much more. O'Mara — Agrees with fir. Toole. When working with lots this small, it is worth it to have a surveyor involved all the way through the design and construction process. There is still a zoning by law that protects surveyors and homeowners if they present to the building department an as -built foundation plan prior to construction; at that point, it shows the structure will be in compliance. Antonietti — Cited 139.16.C.2 addressing unintentional intrusion, which she believes has been defined in a couple of prior cases. O'Mara — He isn't talking about that; what he's talking about is an "insurance packet" that shoots the foundation to prove it is in compliance; if at a later date it comes to light that the final construction is in violation, the owner can apply for a variance. Thayer — Asked if everyone is okay with the front porch and deck being inside the front setback. Botticelli — Stated that this hardship was created when a lot, that is too small to be two lots, was subdivided creating two undersized lots. Asked if the structure has been condemned. Brescher — He is not certain of that, but the structure presently has 2 feet of standing water inside. Koseatac — They need a set of stairs to get from floor to grade due to the FEMA flood plain requirements. Discussion about the net improvement to compliance and the problems posed to the lot with the change in zoning. Discussion on the motion: Toole — Would like condemnation of the building to be part of the criteria. Motion Motion to Approve not the relief for overhangs but the relief to apply 2.5 -foot setback along Cornish Street and the deck in 1.87 feet. (made by: Botticelli) (seconded by: Koseatac) Vote Carried unanimously 4. 10 -15 William F. Hunter, Trustee of The 1908 Realty Trust 47 Monomoy Road Alger CONTINUED TO MAY 14, 2015 IV. ADJOURNMENT Motion to Adjourn: 2:07 p.m. Submitted by: Terry L. Norton Page 2 of 2