HomeMy WebLinkAbout2017-1-12\linutes for January- 12, 2017, adopted Feb. 9
NANTUC KE''
ZONING BOARD OF APPEALS T p W1.4 C L E R K
2 Fairgrounds Road
Nantucket, Massachusetts 02554 2017 FEB -9 PM 2:36
www.nantucket- tna.gov
Commissioners: Vd Toole (Chair), Lisa Botticelli (Vice chair), Susan McCarthy (Clerk), Michael J. 0'i Tara, Kerim Koseatac
Alternates: Mark Poor, Geoff Thayer, Jim \londani
-- MINUTES --
Thursday, January 12, 2017
Public Safety Facility, 4 Fairgrounds Road, Community Room —1:00 p.m.
Called to order at 1:08 p.m.
Staff in attendance: Eleanor Antonietti, Zoning Administrator; T. Norton, Town Minutes Taker
Attending Members: Toole, McCarthy, O'Mara, Koseatac, Poor, Mondani
Absent: Botticelli, Thayer
Late Arrivals: O'Mara, 1:47 p.m.
Early Departures: None
Agenda adopted as amended by unanimous consent
1. December 8, 2016: Motion to Approve. (made by: Koseatac) (seconded by: McCarthy) Carried unanimously
1. 41 -16 Linda Mason, Applicant, & Anne G. Davis And Paul A. Gates, Owners 23 Monomoy Road Beaudette
Applicant is seeking Special Permit relief pursuant to Zoning By -law Section 139 -33.A to allow an increase in the pre - existing
nonconforming ground cover ratio upon the pre - existing nonconforming locus. The proposed work consists of removing the pre - existing
nonconforming dwelling and replacing it with a larger dwelling which will be sited so as to cure the nonconforming side and front yard
setbacks. The Locus is situated at 23 itlonomoy Road, is shown on Assessor's Map 54 as Parcel 205, and as Lot 17 upon Land Court Plan
10937 -C. Evidence of owner's title is registered on Certificate of Title No. 22059 at the Nantucket County District of the Land Court.
The site is zoned Limited Use General 1 (LUG -1).
Voting Toole, McCarthy, Koseatac, \londani
lternates
None
Recused
O'Mara, Poor
Documentation
File with associated plans, photos and required documentation
Representing
None
Public
None
Discussion Not opened.
\lotion Motion to Continue to January 17, 2017. (made by: Koseatac) (seconded by: 'McCarthy)
Vote Carried unanimously
111. NEW BUSINESS
1. 24 -166 Lily Street LLC & Sconset Partners LLC 6 and 8 Lily Street Dale
REQUEST TO WITHDRAW WITHOUT PREJUDICE
Voting Toole, McCarthy, Koseatac, Poor, - Mondani
;Alternates
None
Recused
None
Documentation
File with associated plans, photos and required documentation
Representing
None
Public
None
Discussion
None
\lotion
Motion to Accept the withdrawal without prejudice. (made by: Koseatac) (seconded by: McCarthy)
Vote
Carried unanimously
Page 1 of 5
Minutes for January 12, 2017, adopted Feb. 9
2. 36 -16 Loren H. Kroll and Norma J. Goldman 24 Coffin St. Beaudette
Applicant is requesting Special Permit relief pursuant Zoning By -law Sections 139 -30.A and 139- 16.C(2) to validate an unintentional side
yard setback intrusion caused by the siting of a porch 9.5 feet from the side yard lot line abutting West Sankaty Street, where a ten !10,.
foot setback is required pursuant to Section 139- 16.C(3). In the alternative, and to the extent necessary, Applicant requests relief by
Variance pursuant to Section 139 -32 to allow said setback intrusion. The Locus is situated at 24 Coffin Street, is shown on Assessor's -Map
73.4.1 as Parcel 52, as Lot 2 upon Plan No. 2012 -37. Evidence of owner's title is in Book 1456, Page 168 on file at the Nantucket Counn
Registry of Deeds. The site is zoned Sconset Residential 1 (SR -1).
Voting Toole, McCarthy, Koseatac, Poor, Mondani
Alternates None
Recused None
Documentation File with associated plans, photos and required documentation
Representing None
Public None
Discussion Not opened.
\lotion Motion to Continue to February 9, 2017. (made by: Koseatac) (seconded by: McCarthy)
Vote Carried unanimously
3. 40 -16 Sankaty Head Golf Club 100 Sankan- Road Dale
Applicant is requesting modification of prior Special Permit relief to alter and expand a pre - existing nonconforming use in order to
construct four new cottages to be used for on -site employee housing pursuant to Zoning Bylaw- Section 139- 33.A(1). The proposed work
will meet all dimensional and parking requirements of the Bylaw. In the alternative, Applicant requests modification of prior Variance
relief to allow the proposed project. The Locus is situated at 100 Sankaty- Road, is shown on -Nantucket Tax Assessor's _ p 49 as Parcel
2, and as Lot 2A on Land Court Plan 9548 -C. Evidence of owner's title is registered as Certificate of Title No. 1308 in the Nantucket
County District of the Land Court. The site is zoned Limited Use General 3 (LUG -3).
Voting - McCarthy (acting chair), Koseatac, Poor, Mondani
Alternates None
Recused Toole
Documentation File with associated plans, photos and required documentation
Representing None
Public None
Discussion Opened to continue to January 17, 2017
Motion Motion to Continue to January 17, 2017. (made by: Poor) (seconded by: Mondani)
Vote Carried unanimously
4. 01 -17 Ronald W. Winters and Ellen H. Winters 12 Gardner Street Winters
Applicant is seeking Special Permit relief pursuant to Bylaw Sections 139 -7(a), 139 -30, and 139 -33.A to allow the change of use of a pre
existing nonconforming garage structure to a residential use with an expansion of the footprint. Applicant proposes to convert the garage,
which is pre - existing nonconforming as to side and rear yard setbacks, into a second dwelling and build a conforming 18- square foot
addition. The garage, as so altered, will not be any closer to the side or rear yard lot lines. The Locus is situated at 12 Gardner Street, is
shown on Assessor's -Map 42.3.3 as Parcel 12, and upon Land Court Plan 21923 -A. Evidence of owner's title is registered on Certificate of
Title No. 24714 at the Nantucket County District of the Land Court. The site is zoned (Residential Old Historic (ROH).
Voting Toole, -McCarthy, Koseatac, Poor, - Mondani
Alternates None
Recused None
Documentation File with associated plans, photos and required documentation
Representing Ron Winters — Currently the structure intrudes into setback: by one foot on one side and two foot eight inches on the
other. The addition will be conforming in regards to the setbacks. Reviewed photos. The building is being raised eight
inches with a ten -inch floor system. The foundation will be a crawl space under the addition.
Public None
Discussion (1:12) Toole — The note says the foundation is being raised sixteen inches and Mr. Winters is now saying eight inches. The site
plan doesn't match what the letter says in regards to the garage in the setback. Asked when the shed was put in.
Winters — The foundation is being raised eight inches. Per the Sanborn maps, everything was existing prior to the 1950s.
Toole — The Sanborn map showing the shed there in the 1950s should be included in the packet.
Koseatac - --Asked if there would be any excavation.
Winters — It will all be approached from the driveway side.
Koseatac —Wants to impose the exterior work restriction: June 15 to September 15.
Motion Motion to Approve the application as requested with no exterior work to be performed from June 15 to
September 15. (made by: Koseatac) (seconded by: Poor)
Vote Carried unanimously
Page 2 of 5
Minutes for January 12, 2017, adopted Feb. 9
5. 02 -17 R. Eric Kennedy and Jacqueline W. Kennedy, as Co- Trustees, Into The Mystic Nominee Trust
189 Polpis Road Alger
.Applicant is seeking relief by Variance pursuant to Zoning By -law Section 139 -32 for a waiver of the ground cover ratio provisions in
Section 139 -16. Specifically, applicant seeks to validate the various structures upon the premises already- granted Certificates of
Occupancy but shown on most recent As-Built survey to have a total ground cover ratio of 3.03% where 3% is maximum allowed. In
the alternative, applicant requests a finding that no relief is necessary either by virtue of the definition of ground cover or the de minimis
nature of the overage. The Locus is situated at 189 Polpis Road, is shown on .-Assessor's Map 45 as Parcel 5.2, and as Lot 2 upon Plan
File 9 -:A. Evidence of owner's title is in Book 1103, Page 85 on file at the Nantucket County Registry of Deeds. The site is zoned Limited
Use General Three (LUG -3).
Voting Toole, McCarthy, Koseatac, Poor, Mondani
:Alternates None
Recused None
Documentation File with associated plans, photos and required documentation
Representing Sarah Alger, Alger P.C. — This is over the permitted groundcover as a result of an erroneous survey from 2003;
explained how the error occurred and was perpetuated. The buildings were constructed in compliance with the building
permits. She believes the best option is granting the variance.
Public None
Discussion (1:24) Koseatac — This is a mistake that was missed, but he doesn't think MGL Chapter 40. -y Section 7 is the way to go on this.
Toole — Would like to have added to the file the original plan showing the dormer to prove it wasn't added later without
permit.
Discussion about the hardship incurred if the variance isn't granted.
Alger — .-Asked this be held long enough for her to obtain the plans showing the dormer as part of the original
construction.
Motion to Continue to the end of the agenda. (made by: Koseatac) (seconded by: McCarthy) Carried unanimously
(3:01) Alger — Reviewed the original plans from 1997 that show the dormer.
\lotion Motion to Approve the variance. (made by: Koseatac) (seconded by: McCarthy)
Vote Carried 4- 1 / /Poor opposed
6. 03 -17 Lemberg, Marie E. 53 Pochick _venue Wilson
.Applicant is seeking relief by Variance pursuant to Zoning By -law Section 139 -32 for a waiver of the intensity- regulations in Section 139-
16 in order to render the subject lot separately marketable and buildable from abutting property at 55 Pochick _venue. The Locus is
nonconforming as to lot size and groundcover, but is otherwise dimensionally conforming. The Locus is situated at 53 Pochick _Avenue,
is shown on Assessor's Map 79 as Parcel 127, and as Lots 1 -4 on Block 164 in Plan Book 2, Page 61 and as Parcel One on Plan No.
2010 -52. Evidence of owner's title is in Book 1285, Page 214 and Book 1418, Page 154 on file at the Nantucket County Registry of
Deeds. The site is zoned Limited Use General One (LUG -1).
7. 04 -17 Venividivici Property Development, Inc. 55 Pochick _Avenue Wilson
_Applicant is seeking relief by Variance pursuant to Zoning By -law Section 139 -32 for a waiver of the intensity regulations in Section 139-
16 in order to render the subject lot separately marketable and buildable from abutting property at 53 Pochick _Avenue. The Locus is
nonconforming as to lot size and setback but is otherwise dimensionally conforming. The Locus is situated at 55 Pochick _-Avenue, is
shown on .-Assessor's \lap 79 as Parcel 76, and as Lots 5 -11 on Block 164 in Plan Book 2, Page 61. Evidence of owner's title is in Book
1458, Page 291 on file at the Nantucket County Registry of Deeds. The site is zoned Limited Use General One (LUG -1).
Voting Toole, McCarthy, Koseatac, Poor, Mondani
_Alternates None
Recused None
Documentation File with associated plans, photos and required documentation
Representing Michael Wilson, Esq. — These parcels abut one another and have been rendered as separate and buildable. Reviewed the
histories of both lots. He is asking, due to the nature of the lot size of the one parcel and uncommon ownership of the
two, that the board find the variance is appropriate. The lots were built out between 1992 and 1995.
Public None
Discussion (1:40) Antonietti — Mentioned a letter of endorsement of lANR Subdivision from the Planning Board; they support the concept
that no relief is necessary.
Consensus has no concerns.
I lotion Motion for a Finding that no relief is necessary. (made by: Koseatac) (seconded by: McCarthy)
Vote Carried unanimously
Page 3 of 5
Minutes for January- 12, 2017, adopted Feb. 9
1. 076 -11 Sachem's Path Nantucket, LLC Sachems Path 40B Singer
Applicant seeks determination that proposed construction protocol changes to the Comprehensive Permit may be considered
insubstantial pursuant to 760 CMR 56.05 (11)(a)(b), and as such, may be authorized by the Zoning Board of _Appeals and incorporated
into the Comprehensive Permit, as previously amended and restated. The proposed changes pertain to Phase 2 of the 40B development
located on Surfside Road.
Voting Toole, McCarthy, O'Mara, Koseatac, Poor, Mondani
Alternates None
Representing Andrew Singer, Law Office of Singer & Singer, LLC
Tom Shevory, Project \Manager Dellbrook Construction LLC JK Scanlan Company LLCQKS)
Kevin McGuire, Sachem's Path
Arthur Reade
Discussion (1:47) Section F Condition 2:
Singer — Read the change per recommendation by Ed Marchant.
Toole — This meets his concern.
Section F Condition 7:
Singer — The applicant's engineer designed the plan and met with Ed Pesce; a logistics plan was reviewed and approved.
Explained the language change. Asked that Mr. Shevory review the plans.
Shevory — Reviewed in detail the changes /work per the engineering plans for both phases. Completion of Phase IIB
should end approximately February 2018 except for landscaping and the road binder coat, which will be finished that
Spring.
Toole — Assured that all roads will have a binder coat before anyone moves into Phase II.
McCarthy — Asked when Habitat for Humanity (H4H) predicts completion.
Shevory —January 2018 for Phase IIA house and July 2018 for the Phase IIB.
Toole — All water and sewer will go in for all of Phase II with all roads, sidewalks, and curbing at the same time. He
doesn't understand why infrastructure is being phased.
Shevory — That is in the event of a delay in installation of water and sewer.
Toole — Our initial concern was we didn't want building permits issued and houses issued without the infrastructure. We
can tie the infrastructure being completed into the Certificates of Occupancy- (CO) to protect that from happening. They
can't sell a house without a CO.
O'Mara — He's more concerned now in terms of the financial situation.
McGuire — They have a $50,000 landscape bond in place; it won't be repaid until all landscape work is complete.
Toole — In his opinion, the guarantee will have to more than a $50,000 bond.
O'Mara — Asked upon whose shoulder will the burden fall if the $50,000 won't cover the work which has to be done.
Singer — There is language that says the finished coat for the roadways must be applied before completion of the last
dwelling in the last phase; he can add after "finished coat for the roadways", "and the final landscaping before the last CO
is issued."
Toole — He still doesn't think hanging this on one unit is sufficient. «'e need some reasonable protection that this work is
completed.
McGuire —The $50,000 is separate contractually from Dellbrook /JKS. We won't pay them until the work is done.
Singer — Suggested adding, "COs for houses in Phase II won't be issued until infrastructure is completed as per the
logistics plan."
Toole — That works for him.
McGuire — Phase IIB has ten homes that would tie up all Phase II until the infrastructure is complete; that delays people
who want to move into Phase IIA. That or the question is what bond size would the board accept?
O'Mara — This board spent a lot of time ensuring the project was fully financed and would be completed; no-,,- the board
is being told that there isn't enough money and we have no explanation as to what happened. Asked if anyone is prepared
to explain what happened financially.
McGuire — There have been significant price escalations on Island and their on- Island contractor for Phase I did not -,vant
to do Phase II. Now they have to bring a construction company from off Island. Site costs for Phase II have increased by
about $500,000 beyond originally budgeted.
O'Mara — There is a development fee involved with this project.
McGuire — That has been pledged; the gap is about $800,000; they- requested an additional 5500,000 from the Communin-
Preservation Committee (CPC) to help pay the fees. CPC did not feel it was prudent to use their grant money for fees.
That is why we are asking for fee waivers. We have pledged about $300,000. This is not a market -rate project where they
can capitalize on market increase. They did consider increasing costs on the 1500'o units; however if a 100'' o unit is moved
to 150 %, they lose the State subsidy for the 100% unit. One financial piece is the fee waiver and the other is Town
Meeting. They've issued a letter of intent to JKS to hold those costs; they have firm commitment letters from the lender
initiating the closing process
Page 4 of 5
Minutes for January 12, 2017, adopted Feb. 9
Toole — We need to find a mechanism to ensure the infrastructure is completed; he believes tying that to the CO is the
best way; that or make the bond bigger. _asked the board members how they want to proceed: tie it up or continue for ne«v
language.
Discussion about how much the bond should be.
Singer — The bond is connected to Change 4G; if that becomes $150,000, Condition 7 would keep the language as is and
not tie it to any COs. Ed Pesce submitted a letter on the ZB_y's behalf that he believes the plan will work and is
appropriate.
Toole — Referring to the engineering plan, at the completion of Phase IIA the binder coat will be throughout.
Singer — Suggested making a motion conditioned upon receipt of a letter from Dellbrook confirming that the bond be
raised to $150,000.
Koseatac — He doesn't think $150,000 is a big enough bond, and he's not willing to vote until he sees the letter.
O'Mara — He would like to have H4H represented. If they can't make it, he'd like to see a written comment that they are
in agreement with the plan and that the houses will be finished at about the same time as Phase IIB.
Consensus is okay with the logistic plan change F7.
To come back on January 17, 2017 to discuss 4G.
Paragraph 35 Last Condition:
Singer — This regards fee waivers; the added paragraph is an affirmation that the BOS voted to grant waivers on sewer
connection fees and building fees. In regards to Paragraph B, this broke down what is hard infrastructure and % ,.-hat is
revenue; the applicant pays the hard infrastructure cost and the applicant is asking to waive the fee. The Water
Commission supports the granting of the fee waiver; he will add that language.
Consensus has no concerns.
Toole — The changes to be ratified at the January 17, 2017 meeting.
\lotion Motion to Continue to January 17, 2017. (made by: Koseatac) (seconded by: O'Mara)
Vote Carried unanimously
2. Discussion about policy regarding re- notification to abutters when an application has been continued for a protracted period.
Voting Toole, McCarthy, O'Mara, Koseatac, Poor
Alternates Mondani
Discussion (3:05) Discussion about a threshold upon which an applicant must pay to re- notice abutters: 3 months.
O'Mara — If an application is continued due to a quorum issue, the applicant shouldn't be penalized.
V. ADJOURNMENT
\lotion to .Adjourn: 3:11 p.m.
Submitted by:
Terry L. Norton
Page 5 of 5