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HomeMy WebLinkAbout2016-8-11,_.. Minutes for August 11, 2016, adopted Sept. 8 N A N U C K E TOWN CLERK ZONING BOARD OF APPEALS 2 Fairgrounds Road 2816 SEP 12 AM 9: 21 Nantucket, Massachusetts 02554 xvtvw.nantucket- ma.V,ov Commissioners: Ed Toole (Chair), Lisa Botticelli (Vice chair), Susan McCarthy (Clerk), Michael J. O'Mara, Kerim Koseatac Alternates: Mark Poor, Geoff Thayer, Jim Mondani -- MINUTES -- Thursday, August 11, 2016 Public Safety Facility, 4 Fairgrounds Road, Community Room —1:00 p.m. Called to order at 1:09 p.m. Staff in attendance: Eleanor Antonietti, Zoning Administrator; T. Norton, Town Minutes Taker Attending Members: Toole, Botticelli, McCarthy, O'Mara, Koseatac, Poor, Thayer, Mondani Absent: None Late Arrivals: None Early Departures: None Agenda adopted as amended by unanimous consent APPROVAL 1. OF 1. June 9, 2016: Motion to Approve. (made by: Botticelli) (seconded by: O'Mara)Carried unanimously 2. July 14,2016: Motion to Approve. (made by: Botticelli) (seconded by: O'Mara) Carried unanimously OLD BUSINESS 1. 051 -03 Rugged Scott, LLC Release of Lot 41 from Covenant Hanley Voting Toole, Botticelli, McCarthy, O'Mara, Koseatac Alternates Poor, Thayer, Mondani Recused None Documentation File with associated plans, photos and required documentation Representing Marianne Hanley, Reade, Gulhcksen, Hanley, & Gifford LLP Public None Discussion (1:10) Hanley — This request is to release one covenant market rate lot from covenant; they are on track with affordable housing. Antonietti — She feels confident this will not adversely affect the progress of affordable housing. Motion Motion to Grant the relief as requested. (made by: Botticelli) (seconded by: O'Mara) Vote Carried unanimously 2. 04 -16 Donald J. Mackinnon, Trustee of Nantucket 106 Surfside Realty Trust — a /k /a SURFSIDE COMMONS 40B 106 Surfside Road Mackinnon / Schwartz CONTINUED TO SEPTEMBER 8, 2016 Motion Motion to Continue 04 -16 to September 8, 2016. (made by: Botticelli) (seconded by: Koseatac) Vote Carried unanimously 3. 20 -16 Gerald T. Vento & Margaret Vento, Tr. of Ninety -One Low Beach Road Nominee Trust 91 Low Beach Road Cohen CONTINUED TO SEPTEMBER 8, 2016 Motion Motion to Continue 20 -16 to September 8, 2016. (made by: Botticelli) (seconded by: Koseatac) Vote Carried unanimously Page 1 of 5 Minutes for August 11, 2016, adopted Sept. 8 4. 28 -16 Eric J. Rosenberg &:Michele Kolb 7 Gardner Street Williams Applicant is requesting Special Permit relief pursuant to Zoning By -law Section 139- 33.A(1) to allow the alteration of a pre - existing nonconforming structure. Specifically, applicant seeks permission to demolish an existing garage, sited as close as 1.3 feet from the northerly side yard lot line where the minimum side yard setback is five (5) feet, in order to construct a new single - family dwelling in its place. The new dwelling is proposed to be sited three (3) feet from the northerly lot line and to be conforming as to all other setbacks, ground cover, and parking requirements. The Locus, an undersized lot of record created pursuant to M.G.L. Chapter 41 Section 81L, is situated at 7 Gardner Street, and is shown on Assessor's Map 42.3.3 as Parcel 58 (portion). Evidence of owner's title is in Book 1282, Page 80 on file at the Nantucket County Registry of Deeds. The site is zoned Residential Old Historic (ROH). Voting Toole, O'Mara, Koseatac, Thayer, Mondani Alternates None Recused None Documentation File with associated plans, photos and required documentation Representing Steven Cohen, Cohen & Cohen Law PC Public Rhoda Weinman, for neighbors John Sayer, 10 Gardner Street Ruth Sayer, 10 Gardner Street Jordan Goodman, 11 Gardner Street Discussion (1:13) Cohen — This is simply a pre - existing, non - conforming lot in the ROH; the use as a garage is non - conforming but also pre - existing. The garage has been approved for demolition and a dwelling approved for construction in its place. The current structure is 1.3 feet from the lot line with the new structure proposed to be three feet from the lot line. Contends nothing proposed is outside the norm or substantially detrimental. This is a permit the board regularly grants in Town. Explained why moving the building out of the setback is not preferred by his client. A negative aspect of its current location is it crowds the abutting building; also there is a beautiful tree that would have to be removed if the structure is moved out of the set back. His client would be happy to accept any construction conidtions set by the board. O'Mara — Asked if relief is automatic when going from a non - conforming to an allowable use. Antonietti — They are demolishing the garage, which eliminates the non - conforming use; and they can go from non- conforming to conforming use by right. The bylaw now reads that twelve months are allowed for construction under the pre - existing non - conformity; extensions might be allowable. Toole — In the past with other cases, through discussion it has been determined the idea won't work so the applicant makes the project conforming. Cohen — The only change is the addition of a second story; the question is whether or not that is substantially detrimental to the neighborhood. Weinman — The subject lot created according MGL 41.81L, the lot should have been created so that the building meets the five -foot setback; that was not done. They should be made to conform. Safety is the obvious down side of this during construction: increased traffic, parking, proximity of excavation to the lot line. The applicant's arguments for not complying are not substantial enough for approval of this. If the board grants the relief, the neighbors want a series of restrictions put in place. J. Sayer — A garage- apartment would have been appropriate for creating more space; it is permitted by law. He is opposed to building in the setback; noted that when he wanted do similar work, he had to conform and went with a smaller construction. R. Sayer — She was surprised that the subdivision of the lot was granted. There is no parking on 7 Gardner Street; only an easement for parking on 7A Gardner Street. Traffic on the street has gotten worse over the years and allowing another dwelling will attract more traffic. Allowing this dwelling is not in spirit with the law and goes beyond "extension or alteration." The desire to increase the value of a property should not trump preservation. Goodman — His concern is the parking for the dwelling of a house that can sleep eight to ten people; that will require two cars. There is no place to park two cars. O'Mara — One parking space per dwelling is all that is required; stacked parking is legal. If the ZBA issues a special permit, the neighbors will be protected from any construction in the summer. Asked how the property line would be protected during construction. Cohen — There would be a construction fence erected and some kind of shoring put in place; the Building Code has provisions to be followed to protect abutters from vibration. The Planning Board signs off on the building protocols after holding pre - construction meetings. O'Mara — The ZBA has mandated in the past how damage from construction is mitigated. Cohen — Clarified why it is not the case they have created a need to be in the setback. There is nothing about the second story which presents a danger; traffic and density and lack of parking in Town is an overall issue. Asked that the relief be granted; they will agree to restrictions and protocols set by the board. Toole — In his opinion with new construction, if they can, they should slide the building over and meet the setback. Thayer — Asked if there had been and discussion among the aggrieved parties to reach a compromise. Weinman — Her clients are very concerned about safety and for construction to comply with the bylaw. Page 2of5 Minutes for August 11, 2016, adopted Sept. 8 O'Mara — His recommendation would be to continue this for a month to allow both parties try find common ground. Cohen — His client is willing to accommodate conditions; Ms Weinman's clients are asking for conditions that the ZBA would put in place anyway. Weinman — Her clients are more interested in this board having Mr. Cohen's client comply with the bylaw than having conditions. Cohen — Contends GIs Weinman has referenced two legal standards that are not correct in this instance. Reiterated that he hasn't heard how this would be substantially detrimental to the neighborhood. Toole — We've been consistent about not granting such relief for new construction in the setback. This could be done quite easily outside the setback. If it were the existing structure going up in the setback that would warrant granting the permit. Thayer — He is not inclined to the grant the relief and hopes the Building Department will ensure adjacent properties are protected. They should hire a geo- technical engineer. Koseatac — He is not willing to "open the flood gates" by granting the relief. O'Mara — He could vote either way; however, if it is denied, he'll be getting calls about construction in the summer. Mondani — He tends to side with not granting this; but he would vote for it in order to place the construction restrictions. Discussion on the motion: Toole — Regarding restricting on- street parking by construction crews, there is no parking on either side of Gardner Street. He is concerned about painting a picture that the neighbors are getting something they wouldn't get anyway. Motion Motion to Grant the relief as requested with conditions of: no exterior const, demo, or digging from Memorial Day weekend to September 15; no parking on street by construction crews; when necessary the applicant will hire police detail; contiguous boundaries are protected with a protocol mitigation plan submitted to ZBA administrator three to four weeks prior to implementation. (made by: O'ltlara) (seconded by: Mondani) Vote Not carried 3 opposed & 2 for. Discussion about how to proceed in the face of a failed motion. Marcus Silverstein, Zoning Enforcement Officer, explained that a motion to deny is necessary. Cohen — If the board is not inclined to grant the relief, he will withdraw without prejudice. Thayer — Withdrew his motion to deny. Motion Motion to Approve the withdrawal without prejudice. (made by: Thayer) (seconded by: Koseatac) Vote Carried unanimously Ill. NEW BUSINESS 1. 24 -16 6 Lily Street LLC & Sconset Partners LLC 6 and 8 Lily Street Dale Action deadline November 9, 2016 Applicant is requesting Special Permit relief pursuant Zoning By -law Section 139 -33 to reduce the area of 6 Lily Street without creating any new non - conformities and to enlarge the area of 8 Lily Street to allow for a new dwelling with a reduced side yard setback nonconformity. To the extent necessary, applicant further requests Site Plan Review pursuant to Section 139 -23. Both properties are improved undersized lots of record. In the alternative, and to the extent necessary, Applicant requests relief by Variance pursuant to Section 139 -32 from the provisions of Section 139 -16. The properties are located at 6 and 8 Lily Street, are shown on Assessor's Map 73.3.1 as Parcels 109 and 110, and as Lot 5 and portion of Lot 7 upon Plan No. 2014 -02. Evidence of owners' titles are in Book 1415, Page 296 and Book 1415, Page 287 on file at the Nantucket County Registry of Deeds. The site is zoned Sconset Old Historic (SOH). CONTINUED TO OCTOBER 13, 2016 Break 2:08 to 2:14 Motion Motion to Continue 24 -16 without opening. (made by: Botticelli) (seconded by: Koseatac) Vote Carried unanimously 2. 30 -16 Kaplan Family Nominee Trust 8 Harborview Way Poor Action deadline November 9, 2016 Applicant is seeking relief by Special Permit pursuant to Zoning By -law Section 139 -33.A in order to alter the pre - existing nonconforming dwelling in order to lift the structure to place it on a new foundation in conformance with FETNh -i regulations. The new foundation will result in an increase in structure height. In the alternative, applicant seeks Variance relief to exceed the height limitations pursuant to Zoning By -law Section 139 -17. The Locus is situated at 8 Harborview Way, is shown on Assessor's Map 42.4.1 as Parcel 28, and as Lot 2 in Plan File 2014 -41. Evidence of owner's title is registered in Book 756, Page 54 on file at the Registry- of Deeds. The site is zoned Residential Old Historic (ROH). Voting Toole, Botticelli, McCarthy, O'Mara, Koseatac Alternates Thayer, Mondani Recused Poor Documentation File with associated plans, photos and required documentation Representing Mark Poor, Permits Plus Andy Bennett Bruce Kaplan Public None Page 3 of 5 Minutes for August 11, 2016, adopted Sept. 8 Discussion (2:17) Poor — This has been approved by both the Conservation Commission and Historic District Commission to elevate the finished floor forty inches out of the flood zone. Nantucket Surveyors has certified the ridge height, which makes it non- conforming in relation to height. The permit would allow it to continue exceeding the ridge height restrictions. The flood zone standard for this area is elevation AE7; first floor is at six feet and want to go up to nine feet; the boat ramp 300 feet down the road and is in a velocity zone. The structure is circa 1920 and considered contributing. Kaplan — Noted that during renovation in 2006, the salt line was one foot above the floor level. There has been higher flooding since. Bennett — Confirmed that the salt line ten years ago was well above the floor. Discussion about what has to be done to protect the structure's historic fabric from flood damage. Koseatac — The higher the better. Toole — He can support this to protect a historic structure. Motion Motion to Grant the relief with the condition of no external construction from Memorial Day weekend to September 15. (made by: Botticelli) (seconded by: Koseatac) Vote Carried unanimously 3. 31 -16 Laura F. Hanson 55 Center Street Jensen Action deadline November 9, 2016 Applicant is requesting Special Permit relief pursuant to Zoning By -law Section 139 -33.A in order to alter the pre - existing nonconforming dwelling in order to lift the structure to place it on a new foundation and to install a new basement. Applicant also proposes to construct a conforming addition to the rear of the dwelling. The Locus is situated at 55 Center Street, is shown on Assessor's Map 42.4.4 as Parcel 72. Evidence of owner's title is registered in Book 856, Page 197 on file at the Registry of Deeds. The site is zoned Residential Old Historic (ROH). Voting Toole, Botticelli, O'Mara, Thayer, Mondani Alternates None Recused Koseatac, McCarthy Documentation File with associated plans, photos and required documentation Representing Paul Jensen, for Laura Hanson Public None Discussion (2:36) Jensen — The house is circa 1900 and the request is for a new foundation; part of that foundation will be a crawl space. It is non - conforming as to height, which is thirty feet ten inches. He has spoken to the neighbors and none have any concerns about the project. The driveway easement will be shored up. They do not want to do the work in the summer. They are not seeking relief for the conforming addition. Botticelh — The height should not change. Toole — Asked about the make -up of the existing foundation. Jensen — Thinks the existing foundation is rubble. Toole — The applicant has represented the portion closest to the setback will be a crawl space; if that changes they should come back. Motion Motion to Grant the relief as requested with the condition of no exterior construction between Memorial Day weekend and September 15 and that the front part of the house will be on a crawl space and the height is not to exceed thirty feet eleven inches. (made by: Botticelh) (seconded by: Thayer) Vote Carried unanimously 4. 32 -16 Alan A. Shuch, Trustee of the Ann F. Shuch Qualified Personal Residence Trust 45 Quidnet Road Alger Applicant is seeking Special Permit relief under By -law Section 139- 33.A(1)(a) to extend, alter, or change a pre - existing, non - conforming ancillary structure used as a studio and beach changing area by raising it up above the flood plain so that it no longer floods and adding stairs necessary for access. To the extent necessary, Applicant also seeks a modification of the Board's decision in File No. 007 -96 to allow for such work. The Locus is situated at 45 Quidnet Road, is shown on Assessor's Map 21 as Parcel 21, and is Lot 23 on Land Court Plan 8853 -L. Owner's title is evidenced by Certificate of Title No. 21927 at the Nantucket Registry District. The site is zoned Residential -20 (R20). CONTINUED TO OCTOBER 13, 2016 Motion Motion to Continue 32 -16 without opening. (made by: Botticelli) (seconded by: Koseatac) Vote Carried unanimously Page 4 of 5 :Minutes for August 11, 2016, adopted Sept. 8 OTHER 1. Election of Officers: Motion to maintain the current slate of officers for another year. (made by: Thayer) (seconded by: �1cCarthy) Carried unanimously 2. The board asked the Zoning Administrator to check on the progress of Donald MacKinnon for 106 Surfside Realty Trust with the Board of Selectmen. 3. There has been some difficulty in getting some decisions signed by board members within a reasonable time; reasonable time is determined to be seven days. 4. Discussion about whether or not the ZB A Administrator should write decisions or should the applicants' attorneys write the decisions. ADJOURNMENT Motion to Adjourn: 3:01 p.m. Submitted by: Terry L. Norton Page 5 45