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HomeMy WebLinkAbout2015-8-13Minutes for August 13, 2015, adopted Oct. 8 ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 www.nantucket- ma.gov Commissioners: Ed Toole (Chair), Lisa Botticelli (Vice chair), Susan McCarthy (Clerk), Michael J. O'Mara, Kerim Koseatac, Mark Poor, Michael Angelastro, Geoff Thayer -- MINUTES -- Thursday, August 13, 2015 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, Zoning Administrator; T. Norton, Town Minutes Taker r Attending Members: Toole, Botticelli, McCarthy, O'Mara, Koseatac, Poor, Angelastro, Thayer ` o Absent: None_ Late Arrivals: None Early Departures: Botticelli, 2:03 p.m. C '� t'� Agenda adopted by unanimous consent cD APPROVAL OF 1. June 10, 2015 — Motion to Approve. (made by: Koseatac) (second by: McCarthy) Carried unanimously - 2. June 18, 2015 Special meeting — Motion to Approve. (made by: Koseatac) (second by: McCarthy) Carried unanuuousl _; 3. July 9, 2015 — Motion to Approve. (made by: Koseatac) (second by: McCarthy) Carried unanimously e 11. OLD BUSINESS 1. 051 -03 Rugged Scott, LLC Release of 9 lots from Covenant Hanley Sitting Toole, Botticelli, McCarthy, O'Mara, Koseatac Documentation File with associated plans, photos and required documentation Representing Josh Posner — This is a request to increase the number of lots to be released from Covenant so that they can continue with their sales program. The idea of this lot- release effort is to stay current with infrastructure work and common facilities; at this point everything is completed in regards to roadways, utilities, amenities, swimming pool, etc. There are a few areas where that improvement work isn't complete but those areas are where buildings aren't completed. Reviewed the history of the project. Public None Concerns (1:14) O'Mara — Clarified that if this request is successful, there will be 28 lots ready for release. Toole — Asked if there is concern about the homeowners association. Antonietti — No. Posner — There is a homeowner's association but the developer is responsible for carrying out those duties until the project is complete. Toole — Asked if the roads are maintained in a high state of cleanliness. Antonietti — Yes O'Mara — Asked the price point for an affordable house. Posner -just under $200,000 for someone meeting the 80% of the medium income requirement. Toole — Wants to ensure that with the lots to be released, the required total of affordable lots is still maintained. Clarified that they can't get another market rate Certificate of Occupancy (CO) until Lot 16, which is an affordable house, is complete. O'Mara — He went through the gym and pool area and the landscaping and it looks good. You can't tell which houses are affordable and which are market rate. Discussion about the lottery process and need for a new lottery. O'Mara — Asked if all Comp. Permit requirements have been met. Antonietti — Yes. Posner — Brought up the need to request a change for a 3- bedroom affordable house to be permitted as a 4- bedroom. Antonietti — The request for a 4- bedroom affordable house will need to come back after discussion with Ed Marchant. Motion Motion to Approve release of the lots as requested. (made by: O'Mara) (seconded by: Botticelli) Vote Carried unanimously 2. 20 -15 Shimmo Hills, LLC 10 North Road Cohen CONTINUED TO SEPTEMBER 10, 2015 Page 1 of 4 Minutes for August 13, 2015, adopted Oct. 8 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 SEPTEMBER 10, 2015 2. 24 -15 Robert C. Swenson, Jr. & Karen E. Swenson 130'/2 Somerset Road Swenson Applicants are seeking relief by Special Permit pursuant to Zoning By -law Section 139 -16.0 (1) to reduce the rear yard setback from ten (10) to five (5) feet. Applicants propose to replace a rear deck, rubbish bin, and outdoor shower with a newly constructed outdoor shower and porch to be sited as close as five (5) feet from the rear yard lot line. Due to the change in the setback requirement from five (5) to ten (10) feet as a result of a change in zoning from RC -2 to R -10 in 2010, the dwelling was rendered pre - existing nonconforming as to rear yard setback with the existing rear deck being sited as close as 5.9 feet from the northeasterly lot line. However, the structure is dimensionally conforming in all other respects and would remain so after construction. The Locus is situated at 130'/2 Somerset Road, is shown on Nantucket Tax Assessor's Map 66 as Parcel 150, and as Lot 191 upon Land Court Plan 28933 -2. Evidence of owner's title is registered on Certificate of Title No. 17224 on file at the Nantucket County District of the Land Court. The property is zoned Residential 10 (R -10). Sitting Toole, Botticelli, McCarthy, O'Mara, Koseatac Documentation File with associated plans, photos and required documentation Representing Robert Swenson, Jr. — This was originally in RC -2 zoning; it changed to R -10. Reviewed work he wants to do. The new work would not exceed the old zoning requirements. Public None Concerns (1:06) O'Mara — A surveyor should ensure the end of the step doesn't encroach; the surveyor and builder will need a copy of this decision and Mr. Swenson should ensure they read it. The surveyor flags will need to mark the end of the step, not the end of the deck. Botticelli — Suggested allowing 6 inches for "wiggle" room so that they don't have to come back because the deck or steps ended up within 5 -feet of the property line. Motion Motion to Grant the relief as requested with a surveyor mark ensuring the steps end no closer than 5 feet from the rear lot line. (made by: Botticelli) (seconded by: McCarthy) Vote Carried unanimously 3. 25 -15 Bonita Bar, LLC 1 Chins Way Weinman Applicant seeks Variance relief pursuant to Zoning Bylaw Section 139 -32 from the side yard setback requirement in Section 139 -16.A. Specifically, applicant seeks waiver to allow for a covered outdoor dining area to be sited within a few inches of the property line in a zoning district that requires a five (5) foot side yard setback and zero (0) front yard setback. Currently, there is an unenclosed patio where Applicant wishes to construct a covered porch associated with the operation of the restaurant known as Island Kitchen. The structure and the locus are otherwise dimensionally compliant with the provisions of Section 139 -16. The Locus is situated at 1 Chins Way, is shown on Nantucket Tax Assessor's Map 55 as Parcel 163, and as Lot 4 -A upon Plan File 33 -A. Evidence of owner's title is recorded at Book 1381, Page 267 on file with the Nantucket County Registry of Deeds. The property is zoned Residential Commercial (RC) and is located in the Mid -Island Planned Overlay District (MIPOD). Sitting Toole, Botticelli, McCarthy, O'Mara, Koseatac Documentation File with associated plans, photos and required documentation Representing Rhoda Weinman — Reviewed the application. The lot is highly irregular in shape with an odd setback. In March, the Planning Board approved moving the location of the patio which now places it in what is technically the side yard. No change to operating hours or outdoor music is requested. Patrick Ridge, owner Bonita Bar LLC John Newman Public None Concerns (1:35) Discussion about the location of the patio and the parking versus the legal front of the structure and parking issues. O'Mara — Asked if installation of roll down windows would change the square footage of the building. Antonietti — Those are not considered a permanent part of the structure. Toole — Expressed concern that if this is allowed here, the board would have to allow for all irregular lots. Botticelli — There would have to be a note in the relief about parking. Ridge — The way the Grey Lady special permit is written, they have shared parking; that isn't needed. They have approved plans for 8 parking spaces on the side and the covered patio as shown wrapping from the front to side. The patio would be within a few inches of the side property line which requires the 5 -foot setback; the front has no setback. Toole — Warned the applicant that if this is granted, he should ensure there is a little room by not going right to the property line. It will have to be surveyed after the fact. If it encroaches, he would have to come back and the board would not be inclined to grant a relief; he'd be better off just taking it down. Motion Motion to Grant the relief with no changes to the HDC approved plans. (made by: Botticelli) (seconded by: McCarthy) Vote Carried unanimously Page 2 of 4 Minutes for August 13, 2015, adopted Oct. 8 4. 26 -15 48 Centre St. Inc. 48 Centre Street Weinman Applicant is requesting to rescind three prior Special Permit Decisions granted in Zoning Board of Appeals File No. 033 -88, No. 06 -90, No. 071 -91. The current and proposed commercial and residential uses are allowed by right and therefore no longer require the previously granted relief. In the alternative, applicant is requesting to eliminate conditions contained in prior Decisions that limit or prohibit current and proposed uses. The Locus is situated at 48 Centre Street, is shown on Nantucket Tax Assessor's Map 42.3.1 as Parcel 1, and as Lot 254 upon Land Court Plan 16514 -12. Evidence of owner's title is recorded at Book 349, Page 11 on file with the Nantucket County Registry of Deeds. The property is zoned Commercial Downtown (CDT). Sitting Botticelli (acting), McCarthy, O'Mara, Poor, Thayer Documentation File with associated plans, photos and required documentation Representing Rhoda Weinman — Reviewed the application. Everything that's there is now permitted by right. Public None Concerns (1:58) No discussion or concerns. Motion Motion to Rescind the prior special permit decisions. (made by: Poor) (seconded by: O'Mara) Vote Carried unanimously 5. 27 -15 William Einstein and Suzanne Einstein 76 Cliff Road Normand Applicant is seeking Special Permit relief pursuant to Bylaw Sections 139 -30, 139 -33, and 139 -7(a) to allow the alteration, expansion, and conversion of a pre - existing nonconforming accessory structure into a secondary dwelling. Applicant proposes to alter the 1,366 square foot structure, sited as close as 3.8 feet from the southerly rear yard lot line, where a five (5) foot setback is required, by building two small dimensionally compliant additions. The resulting 1,526 square foot structure will be converted into a second dwelling and will be no closer to the rear yard lot line. Applicant further requests removal of all conditions imposed in connection with prior Special Permit relief (ZBA File No. 06 -89) which allowed the conversion of the garage /workshop into additional living space to be used in conjunction with the existing single family dwelling. The Locus is situated at 76 Cliff Road, is shown on Nantucket Tax Assessor's Map 30 as Parcel 70, and as Lot 30 upon Land Court Plan 13199 -N. Evidence of owner's title is registered on Certificate of Title No. 16616 on file at the Nantucket County District of the Land Court. The property is zoned Residential 1 (R -1). Sitting Toole, McCarthy, O'Mara, Koseatac, Angelastro Documentation File with associated plans, photos and required documentation Representing Kevin Dale, Vaughan, Dale, Hunter and Beaudette, P.C. — Reviewed the application. Provided background information on the existing special permit. No incidents or concerns or objections have been filed over the past 20 years. Explained how in the 1980s the zoning board would grant relief for garages to be used as bunkhouses or sleeping quarters making a distinction between just sleeping and cooking. Williams Einstein Public None Concerns (2:03) Angelastro — By current zoning, a bunkhouse is not permissible. O'Mara — If this board approves the application and the applicant wants to move this building in order that it conform on the lot, asked if he needs to come back to this board. Antonietti — No. Motion Motion to Modify the special permit so that under Nr. 3, Conditions A B & D are deleted and Condition C is left and permit the change of use to a secondary dwelling. (made by: Angelastro) (seconded by: Koseatac) Vote Carried unanimously 1\'. OTHER BUSINESS 1. Clarification of powers and duties of the Zoning Administrator (ZA) pursuant to Section 139 -29.C: a. Approval for Zoning Administrator to impose construction moratorium conditions in ZA Decisions for projects in ROH and SOH districts b. Approval for Zoning Administrator to grant requested extensions to ZA Decisions which have not been exercised within the 2 -year time limit. Discussion(2:17) Antonietti — Explained the precipitating event and clarified times in which she would be doing this. Discussion about Ms Antonietti imposing construction moratoriums in non - special permit situations. Toole — He would be more comfortable if the board were made aware of any ZA decisions the administrator will make prior to the decision being made. If any regular member has an issue, he /she must respond within 48 hours. Antonietti — Reviewed the types of ZA decisions she has addressed over the past couple of years. McCarthy — All she feels she needs to know is a narrative of the situation and the proposed decision. Koseatac — Agrees with Ms McCarthy. O'Mara & Toole want to see any conditions that might be imposed in regards to the moratorium decision. Toole — He wants to ensure this is kept consistent with the ZBA decisions that impose a moratorium. Discussion about extending the 2 -year time limit on ZA decisions (not ZBA decisions). Page 3 of 4 Minutes for August 13, 2015, adopted Oct. 8 2. Applications that are extended repeatedly Discussion Angelastro — Expressed his dislike for applications that are extended for months without being heard. Toole — Ms Antonietti can let the applicant know this board will vote on the offending project at the next meeting and if they don't want that, they should withdraw and reapply when ready. Motion to Adjourn: 2:46 p.m. Submitted by: Terry L. Norton Page 4 of 4