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HomeMy WebLinkAbout2015-12-10Minutes for December 10, 2015, adopted Jan. 14, 2016 ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 wxyw.nantucket- ma.gov AN 1520WA?0910 -3 Town Clerk Town & County Building 16 Broad St Nantucket, MA 02554 Commissioners: Ed "Poole (Chair), Lisa Botticelli (Vice chair), Susan McCarthy (Clerk), Michael J. O'Mara, Kerim Koseatac Alternates: Mark Poor. Jeff Thaver, lim Mondani -- MINUTES -- Thursday, December 10, 2015 Public Safety Facility, 4 Fairgrounds Road, Community Room —1:00 p.m. Called to order at 1:06 p.m. Staff in attendance: Eleanor Antonietti, Zoning Administrator; T. Norton, Town Minutes Taker Attending Members: Toole, Botticelli, McCarthy, O'Mara, Koseatac, Poor, Mondani Absent: Thayer Late Arrivals: None Early Departures: O'Mara, Agenda adopted by unanimous consent APPROVAL 1. OF 1. November 12, 2015: Motion to Approve. (made by: Botticelli) (seconded by: O'Mara) Carried unanimously • 1 BUSINESS 1. 31 -15 Anjonic Real Estate 13 Company, LLP et al 1 Kite Hill Lane Brescher Sitting Toole, Botticelli, McCarthy, O'Mara, Koseatac Documentation File with associated plans, photos and required documentation Representing John Brescher, Glidden & Glidden — Reviewed the request and discussion of the last hearing. Rather than lifting the structure to build a new foundation, his client has chosen to go with the underpinning method. There will be no change in height or ground cover. Frank Daily, Builder Steve Goan, Structural Engineer — Contends Mr. Stover is practicing outside his field. Underpinning in 3 -foot sections does not cause negative effects on adjacent properties. Explained the procedure for doing underpinning. Stated that the lined area will be monitored and protected. The closest structure is 12 feet away though properties are closer. Luke Thornewill, Thornewill Design — The Building Department will determine the proper means of basement egress. Public Arthur Reade, Reade, Gulhcksen, Hanley, & Gifford LLP, Benjamin and Linda McGrath, 12 Cliff Road & David and Anna Dillard, 86 Centre Street — His clients are still strongly opposed to this project. The report from Mr. Stover, he points out that soil testing needs to be done to ensure it will provide adequate lateral support and there is no apparent input from a geo- technical engineer; one should be specifically devoted to this project. His clients consider this project to be an intensification that will have an adverse affect on the neighborhood. The reduction of bedrooms by one doesn't impact that intensification of use. The basement egress will be an exit staircase on the rear of the building though there was talk the egress would be a window well. His clients believe this is a dangerous and bad situation for the neighborhood and that the applicant has not met the statutory bylaws in regards to proving this work will not have a substantially detrimental effect on the neighborhood. Linda McGrath — Read into the record a letter of objection, which concurs with much Mr. Reade stated, also submitted visuals (photographs) into the record. Discussion (i:o7) Toole — Noted a letter received today from John Stover and suggested the board members take time to read it. The new methodology and engineer plan showing details of the underpinning method are included in the packet. O'Mara — Saw a letter from the builder stating they would not use public land for parking; that should be included in the decision. Koseatac — Asked under what situations would a geo - technical engineer be required. Goan — Commercial construction only. O'Mara — Asked if there is any reason not to do a soil test. Daily — Nothing more than time and money. Soil testing would create vibration; something to be avoided. Koseatac — Asked what if he is wrong. Goan — That is why they went to the underpinning; if issues arise, you stop and shore up. Reviewed the method of doing underpinning. The existing foundation is a concrete block wall. Brescher — He has been trying to take into account the concerns of the board and the neighbors. Noted it is not the ZBA's purview to regulate the number of bedrooms. Page 1 of 5 Minutes for December 10, 2015, adopted Jan. 14, 2016 Toole — A major objection was the egress window well and its being unsafe; he doesn't see that is an issue with the presence of the door. Review of the site plan and location of existing and proposed window wells and the door egress. Toole — We need to focus back on the project. Asked if there is any reason for not going up. Brescher — That would be the same issue. If the structure were demolished and rebuilt conforming, there would be nothing preventing the addition of bedrooms. O'Mara — He understands the concern of preventing damage to abutting properties; that is part of ZBA's job. He is comfortable with the details outlined for construction. Toole — A vote would be made contingent on a set plans stamped "for construction." Reviewed highlights of the letter detailing the methodology of doing the underpinning work for a new foundation. Botticelli — Should include that any expansion on the property would have to come back to the ZBA. Discussion on the motion. Motion Motion to Grant the relief with the incorporation of the provided method of construction; general contractor to provide his cell phone; limited to one bedroom; no further expansion without consent of the board. (made by: McCarthy) (seconded by: O'Mara) Vote Carried 4- 1 / /Koseatac opposed 2. 32 -15 Paul S. Jensen, as Trustee of 23 Sankaty Road Realty Trust 23 Sankaty Road Jensen CONTINUED to January 14, 2016 3. 34 -15 NIA Properties, Inc., d /b /a Housing Nantucket School View Cottages 7 Surfside Road Kuszpa / Mervis Sitting Toole, Botticelli, McCarthy, O'Mara, Koseatac Documentation File with associated plans, photos and required documentation Representing Roger Mervis, Attorney for Housing Nantucket — Reviewed the affordable housing project. Have been working to incorporate many suggestions from the board and abutters; these are noted in the packet and require additional financing. NHA is working on getting a commitment to borrow $500,000 from Nantucket Bank. Looking for this board to allow Mr. Marchant and Ms Antonietti to work with NHA to put the Comprehensive Permit into final form. Anne Kuszpa, Housing Nantucket Executive Director — The verbal agreement is for up to $500,000; hoping to do less. Public Cliff Williams Becky Ryder, 11 Surfside Road Sally Ann Austin, 19 Surfside Rd Discussion (2:03) Mervis — His intent is to get the pro forma shored up and complete before the next ZBA meeting. O'Mara — Asked if all four building have been identified. risked the new - construction cost estimate. Ed Marchant, 40B Advisor to the ZBA phone in — It would be good to get a realistic pro forma; he questions whether or not the bank would make a loan under the $440,000 ratio much less $500,000. It makes sense but might not be realistic. We don't know if the full $500,000 is necessary. There should be a contingency. There is a small margin in which to increase the rent and stay within the 80% & 100% window. We want to ensure the funding is sufficient so that the project can be sustained. Kuszpa — The only two choices would be either to reduce expenses or to increase rent. We have a large landscaping plan in place. Marchant — You might have to make a request for CPC funds. There are a lot of requirements for 40B projects; you have to get final approval at the DHCD part of which is explaining any changes made since the letter of eligibility was submitted. Will also have to submit an updated pro forma and a fair - market eligibility plan. The regulatory agreement is a critical control document spelling out the occupancy requirements. Kuszpa — She has received and is reviewing the DHCD letter. O'Mara — Clarified that it is incumbent upon the ZBA to ensure the project is economical. Marchant — It has changed so that the ZBA doesn't get into the financial aspect of a project. However, with this and Sachem's Path, we understand the housing agency has final say but the Town is making a significant investment in these two projects, therefore the ZBA's involvement. Toole — Originally asking for a waiver from the sewer fee; that's not in the draft. Making sure this project is realistic as possible, asked if that number has been plugged back into the pro forma. Kuszpa — She doesn't think so. Antonietti — The ZBA can grant that waiver. Toole — The ZBA didn't do that for Sachem's Path and he's not sure it should be done here. The sewer fees should be added back into the pro forma. Suggested NHA lobby the Selectmen for that then bring a letter to the ZBA. Other items that jumped out include: in the $37,000 operating budget $7,000 for maintenance and additionally there is $2,000 safety fund for emergency repairs. Marchant — The cash flow generated should be allocated toward the reserve. Toole — Noted the real estate taxes are not included in the pro forma. Mervis — The intention is to talk to the assessor to establish that number then plug it in. Discussion about what needs to be done to make the pro forma as accurate as possible. Page 2 of 5 Minutes for December 10, 2015, adopted Jan. 14, 2016 Discussion Kuszpa — No: explained the situation and out - standing permits for each structure. The estimate is in the pro forma though continued not a separate line item. Toole - Ed Pesce had several comments but there hasn't been time to respond to them. Kuszpa — Most of his comments were connected to the landscaping plan; explained how those concerns were addressed. Mervis — Confirmed Mr. Pesce's concerns have been addressed. Toole — We talked about site engineering. Marehant — The trash barrel holders should be interior. The architectural plans should be fine. The out -lying vegetation, suggests that be pulled out. He will discuss a few more items with Mr. Toole. Toole — Code requirements were included in Mr. Marchant's notes; he doesn't see a need to call those out. Marehant — Nr. 7 is the waiver, the language will have to be more specific. No construction can occur until final approval; hopefully that will be granted before the need to move the house. Spoke to Mr. Vorce about monitoring; the DHCD will be monitoring the eligibility of the residents; he needs to check to see how they do that. He will then discuss that with Ann and Roger and report back to the board. Toole — No occupancy of the units until they are all finished. O'Mara — Asked who would be overseeing the construction of the project. Normally there would be an owner's agent. Kuszpa — They have a general contractor who will oversee the work but not an owner's agent. Marehant — The construction has to be monitored; if the general contractor has the expertise, that's okay. It's not uncommon for owners to have a 3,a party do the inspection. The architect can be the monitor. Consensus is that having a qualified person as an owner's agent is wise and will pay for itself. Leaving it as a recommendation at this point. Toole — He thought the board talked about no dogs on this tiny site. Mervis — They have a pet policy in place. Made a point that if any tenant is disabled and requires an service pet; a no pets policy creates legal challenges. Discussion about what the pet policy might be and whether or not it should be no pets or a limited number. Consensus is for a no -pets policy with dispensation for service dogs. Williams — He has seen the existing structure that was moved and has been more than 90% demolished. Asked if it is now considered new construction and does it have to meet the building code. Toole — Building Code is not ZBA purview. Asked if Mr. Williams has any objections to what is going on with that building. This is not really a ZBA point. Williams — He's trying to get clarity. He drove by and saw a 2X4 building. McCarthy — If they had a "clerk of the works" that might not have happened. Ryder — Clarified the no -pet policy, the fence, and the basements. Contends that the steel plates put into the ground for the basements severed the roots her Leyland Cyprus trees. Wants to know when the fence is going in so she knows when to take the dying trees down. Discussion about the fence, its design and where it will run and whether or not there should be more or less. Toole — The fence can be included in the final draft. Suggested Ms Kuszpa research mitigating the cost. Austin — Stated that on Thanksgiving Day, a worker was pounding nails at 6:30 a.m. Kuszpa — She did get a call; she called the general contractor, who contacted the person and he stopped working. There was mis- communication but the general contractor will ensure the workers don't work holidays and Sundays. Ryder — Asked when the project is supposed to be complete. She received a notice it would be done in 2017. O'Mara — That's not in the pro forma and it should be. Austin — Noted that she has a daughter with a good job who couldn't afford the rent; so upping the rent to cover the loan makes no sense; people start subletting to pay the rent. Toole — The way to meet expenses is either cut the expenses or raise the rent. Noted that every time a neighbor asks for additional landscaping, that ups the expense. Austin — Still don't know what the end product will look like. Toole —There are photos and drawings of the structures. This is starting to take shape. Ms Antonietti has all the information. Austin — They were working Sunday morning November 29,t' Kuszpa — Will ensure the contractor knows no work is permitted on Sundays and holidays. Motion Motion to continued for January 14, 2016. (made by: O'Mara) (seconded by: McCarthy) Vote Carried unanimously Page 3 of 5 Minutes for December 10, 2015, adopted Jan. 14, 2016 111. NEW BUSINESS 1. 41 -15 42 Union Street, LLC 11 Fayette Street Alger Applicant is seeking relief by Special Permit pursuant to Zoning By -law Sections 139 -30 and 139 -33(A) to alter and expand a pre - existing nonconforming structure upon a pre - existing nonconforming lot. Specifically, applicant proposes to relocate and renovate the pre - existing nonconforming structure, to convert it from a workshop to a conforming residential use, to construct an addition, and to create a conforming on -site parking space. The alterations will result in the dwelling becoming conforming as to northeast side and front yard setbacks, as well as being conforming as to use, ground cover, height, and parking. The structure will become less nonconforming as to southwest side and rear yard setbacks. The Locus is situated at 11 Fayette Street, is shown on Assessor's Map 42.3.2 Parcel 28.2, and as Lot D on Plan No. 2014 -28. Evidence of owner's title is recorded at Book 1417, Page 7 on file at the Nantucket County Registry of Deeds. The site is zoned Residential Old Historic (ROH). Sitting Toole, Botticelli, O'Mara, Koseatac, Mondani Documentation File with associated plans, photos and required documentation Representing Sarah Alger, Sarah F. Alger P.C. — Presented the project, reuse of the historic garage per HDC approval. Public None Discussion (3:53) Toole — His question is why can't it all shift 1.5 feet. Alger —Will not get the 5 feet on the west. Botticelli — Has not issues. Antonietti — There has been no abutter comment on this project. Motion Motion to Approve the relief as requested. (made by: Botticelli) (seconded by: Koseatac) Vote Carried unanimously 2. 42 -15 Karen D. Ward 50 Appleton Road Swain Applicant is seeking relief by Special Permit pursuant to Zoning By -law Sections 139 -30 and 139 -16.0 (1) and (2) to reduce the ten (10) foot side yard setback requirement and to validate the unintentional northerly side yard setback intrusion of the primary dwelling. The Locus is situated at 50 Appleton Road, is shown on Assessor's Map 66 as Parcel 51, and as Lot B on Plan Book 21, Page 11. Evidence of owner's title is recorded at Book 594, Page 167 on file at the Nantucket County Registry of Deeds. The site is zoned Residential 20 (R -20). Sitting Toole, McCarthy, Koseatac, Poor, Mondani Documentation File with associated plans, photos and required documentation Representing Bryan Swain — Reviewed the request and explained the situation. Public None Discussion (4:02) Toole — Ms Antonietti did extensive research and found there was an application to cut back the building to make it compliant and that was never done. Read the application: to remove 1 foot of the house. Swain — Cutting the house would be out a financial burden and that is why we are seeking this relief. Poor — Permit 559 -11 never received a CO. The question is do we bless the encroachment or reduce the setback. Toole — There were letters of neighbor opposition. Motion Motion to Grant as requested but no further intrusion into that setback. (made by: Poor) (seconded by: McCarthy) Vote Carried unanimously 3. 43 -15 Robert J. Gendron, Trustee of 23 Federal Street Realty Trust 23 Federal Street Cohen Applicant is requesting modification and clarification of prior relief and additional Special Permit relief pursuant to Zoning Bylaw Sections 139 - 33(x1) and 139- 17.C(5), in order to alter and extend a pre - existing non - conforming mixed -use structure. The proposed alterations consist of a small dimensionally compliant addition which will not change the footprint of the structure, the addition of dormers on the top level, and an increase in height to improve the upper floor apartment. Applicant is requesting approval to exceed the maximum allowable height of thirty (30) feet in order to allow a height of approximately thirty-four (34) feet pursuant to Section 139- 17.C(5). The Locus is situated at 23 Federal Street, is shown on Assessor's Map 42.3.1 as Parcel 9.3, and as Lot 34 on Plan Book 21, Page 31. Evidence of owner's title is recorded at Book 1498, Page 271 on file. Sitting Toole, McCarthy, Koseatac, Poor, Mondani Documentation File with associated plans, photos and required documentation Representing Stephen Cohen, Cohen & Cohen LP — Reviewed the request. Clarified that the parking restrictions no long apply. There would be no negative impact to the abutters as all the abutters are commercial entities. Stated he is actually asking for a waiver up to 35 feet. Public None Discussion (4:11) Review of the reasons for the height increase and height of surrounding structures. Toole — 14 Easy Street was permitted 35 feet as they are in the flood plain. Toole — Asked when the work is supposed to start. Cohen — Okay with stating no exterior work related to raising the roof until the fall. Discussion about permitting this with construction restrictions. 1- lotion Motion to Grant the relief as requested contingent upon HDC COA referencing over all height of building; no work will commence on the roofing structure until October 2016. (made by: Poor) (seconded by: McCarthy) Vote Carried 4- 1 / /Koseatac opposed Page 4 of 5