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Home My WebLink About2015-3-12Minutes for March 12, 2015, adopted Apr 9. ZONING BOARD OF APPEALS 2 Fairgrounds road Nantucket, Massachusetts 02554 ,vww.nantucket -ma gov i. ,k" dil Lalvih Town & County Building. 16 Broad St Nantucket, MA 42554 Commissioners: lid Toole (Chair), Lisa Botticclli (Vice chair), Susan McCarthy (Clerk), Michael j. O'Mara, Kerim Koseatac, Mark Poor, Michael An elastro, Geoff Thaver -- MINUTES -- Thursday, March 12, 2015 Public Safety Facility, 4 Fairgrounds Road, Community Room —1:00 p.m. Called to order at 1:05 p.m. Staff in attendance: Eleanor Antonietti, Zoning Administrator; T. Norton, Town Minutes Taker Attending Members: Toole, McCarthy, Koseatac, Poor, Thayer Absent: Botticel i, O'Mara, Angelastro Late Arrivals: None Early Departures: None Agenda adopted as amended by unanimous consent 1. February 12, 2015: Motion to Approve. (made by: Poor) (seconded by: Koseatac) Carried unanimously 2. February 18, 2015: Motion to Approve. (made by: Poor) (seconded by: Koseatac) Carried unanimously OLD BUSINESS None =01 MMAV61101 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 APRIL 9, 2014 2. 09 -15 Justin D. Moore and David W. Moore 8 Cornish Street Brescher CONTINUED TO APRIL 9, 2014 3. 12 -15 Robert Reiskin 34 Codfish Park Road Brescher WITHDRAWN WITHOUT PREJUDICE Sitting Toole, McCarthy, Koseatac, Poor, Thayer Documentation File with associated plans, photos and required documentation Representing None Public None Concerns None Motion Motion to Approve. (made by: Poor) (seconded by: McCarthy) Vote Carried unanimously 4. 10 -15 William F. Hunter, Trustee of The 1908 Realty Trust 47 Monomoy Road Alger Applicant is requesting Special Permit relief pursuant to Zoning Bylaw Sections 139 -30.A and 139 -33.A to alter and extend a relocated pre - existing nonconforming structure. In the alternative, Applicant seeks Variance relief pursuant to Section 139 -32 from the maximum height allowance of thirty (30) feet in Section 139 -17 in order to validate a height of 32.6 feet for the relocated dwelling. The structure is conforming in all other respects. The Locus is situated at 47 Monomoy Road, is shown on Assessor's Map 54 as Parcel 295, and as Lot 5 upon Land Court Plan No. 14029 -C. Evidence of owner's title is recorded at Certificate of Title No. 23525 on file at the Nantucket County District of the Land Court. The site is zoned Limited Use General 1 (LUG -1). Sitting Toole, McCarthy, Koseatac, Poor, Thayer Documentation File with associated plans, photos and required documentation Representing Sarah Alger, Sarah F. Alger P.C. — Asked that this application not be opened at this time. Public None Concerns None Motion Motion to Continue to the next regular meeting. (made by: Poor) (seconded by: Koseatac) Vote Carried unanimously Page 1 of 3 Minutes for March 12, 2015, adopted Apr 9. 5. 11 -15 Kristina Wixted and Desmond Wixted 12 Tomahawk Road `Filson Applicant is requesting Special Permit relief pursuant to Zoning Bylaw Sections 139 -30 and 139 -7(a) in order to construct three commercial buildings to be used variously as a Contractor Shop and warehouse, with interior and exterior storage of materials associated with the operation of a landscaping business. The proposed structures, having a combined ground cover of 704 square feet, and the locus will be conforming as to all setbacks, frontage and ground cover. Applicant is further requesting Minor Site Plan Review pursuant to Section 139 -23. The Locus is situated at 12 Tomahawk Road, is shown on Assessor's Map 69 as Parcel 361, and as Lot 217 on Land Court Plan 26984 -8. Evidence of owner's title is recorded at Certificate of Title No. 25332 on file at the Nantucket County District of the Land Court. The site, zoned Cl (Commercial Industrial), is subject to a zoning freeze for the Residential Commercial 2 (RC -2) district. Sitting Toole, McCarthy, Koseatac, Poor, Thayer Documentation File with associated plans, photos and required documentation Representing Victory Ewing, LINK Permitting and Design — This is for a new landscaping business. They have not gone to the Historic District Commission (HDC) yet. Hours of operation would be Monday through Friday. Public None Concerns (1:07) Antonietti — They are here because of the RC -2 freeze. Toole — Screening and parking is shown on the plan. Asked about the hours of operation in these cases. Antonietti — Hours of operation are usually 7:30 a.m. to 6:00 p.m. This area is almost exclusively industrial. Toole — Asked if out -door storage is permitted. Antonietti — Outdoor storage is permitted with special permit. Review of normal conditions attached to this type of permit: hours of operation, screening, no outdoor manufacturing. Motion Motion to Approve. (made by: Thayer) (seconded by: Koseatac) Vote Carried unanimously OTHER 76 -11 Sachem's Path Nantucket, LLC 40B — Surfside Rd. Singer /Maguire SACI IFNI'S PATI 140B PROJECT — Request for Project Modification Applicant seeks determination that proposed non - physical, programmatic, and technical changes to the Comprehensive Permit, issued in 2012 and amended in 2014, may be considered insubstantial, and as such, may be authorized by the Zoning Board of Appeals and incorporated into the Comprehensive Permit, as previously amended. Sitting Toole, McCarthy, Koseatac, Poor, Thayer Documentation File with associated plans, photos and required documentation Representing Andrew Singer, Singer & Singer, LLC for the applicant — He is here for technical changes requested by the State before final marketing approval is put in place. Reviewed those changes: changing HAC to Sachems Path Nantucket LLC, change in the subsidizing agency & subsidizing program, clarification of which units are under 80 %, which are 81 % to 100 %, and which are 101% to 150% and a finding regarding Community Preservation Act funding, to reference the Universal Deed Rider or other documentation the State uses to ensure affordability. He prepared a draft of the Comprehensive Permit including all the amendments; it incorporates amendments from last year and these five changes. Asked that the board vote to rule these as minor changes and authorize the chair to sign the document. Public Linda Williams, HDC Chairman Concerns (1:11) Toole — This is to determine whether or not this is a substantial or an insubstantial change and is not restricted as to who sat on it before. He spoke with Ed Marchant and Kevin Maguire the consultant; the biggest change is the elimination of Number 5 from the original Exhibit A, which needed clarification. These changes seem to be clerical and insubstantial. Mr. Marchant did suggest pulling all the changes into one new document. Asked if they might come back at a later time to request another change to the financing one. Singer — Though things are always changing, he says no at this time. Toole — That had to do with a blanket mortgage on the property from a public agency; we did not want that. It would be a public entity whose mandate is public housing and subordinated to construction financing. Phase I is pretty much funded; Phase II is still up in the air. Singer — They have to work in sequence; they are working on the marketing and the lottery process, then they move on to Phase II. Toole — We were adamant about not proceeding before funding was put in place. It sounds like everything is in place. Community Preservation Committee (CPC)funding for Phase I is to be approved at Annual Town Meeting with some for use with Phase II. They are proceeding apace. Williams — Said that the HDC just reviewed Sachems Path's 8 preliminary house designs; she anticipates actual applications within a couple of weeks. Toole — They can't start until a bona fide buyer is in place. Poor — Asked about the Lottery process timeline. Singer — That is the reason for these changes to get the lottery process moving. The information session for the lottery is this month; hopefully the formal lottery process can begin after that. They hope to begin construction within 3 -4 months after the lottery, about the fall. Toole — Their original schedule called for starting construction before the fall. Page 2 of 3 Minutes for March 12, 2015, adopted Apr 9 Singer — Late summer or fall. Poor — Asked if the lots for the two models have been selected. Antonietti — In the construction meetings, they indicated they will go for one model home. Toole — Suggested that if there is enough demand, they won't need to use a model home and go straight into construction. Ms Antonietti is attending the meetings and ensuring things are proceeding according to Comprehensive Permit and Amendment thereto. Discussion on the motion Poor — The intent would be to have a new document drafted up. Singer — He did not do an amendment Nr 2; the new document will incorporate all changes. Antonietti — This would need to be recorded with the Registry of Deeds and marginally noted on prior Comprehensive Permit and Amendment Singer — That would be recorded with the Registry of Deeds. Toole — Asked for assurance all the deadline dates are good. Singer — Yes. Motion Motion to Deem these changes as insubstantial. (made by: McCarthy) (seconded by: Thayer) Vote Carried unanimously V. ADJOURNMENT Motion to Adjourn: 1:28 p.m. Submitted by: Terry L. Norton Page 3 of 3