HomeMy WebLinkAboutZoning Board of Appeals Meeting Minutes, December 8, 2011_201402050842119238 TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
Minutes
Thursday, December 8, 2011
1:00 PM
4 Fairgrounds Road
Board Members in attendance: Ed Toole, Michael J. O’Mara, Dale Waine, Kerim Koseatac, Lisa Botticelli, Mark
Poor, Susan McCarthy, and Michael Angelastro.
Staff: John Brescher
I. Call to Order:
Chairman Toole called the meeting to order at 12:35 PM.
II. Approval of the Agenda:
A motion was made (Koseatac) and duly seconded to approve the agenda as written. The vote
was 5-0 in favor.
III. Approval of the Minutes:
A motion was made (Koseatac) and duly seconded to approve the minutes of the November 10th
ZBA hearing, as revised. The vote was 5-0 in favor.
IV. Other Business:
Technical Amendment: Sanford – 15 Pleasant Street (File No. 051-11)
Ben Normand represented the Applicant. Mr. Normand explained that the scope of the
work had changed so that it was less than what was initially approved. The Board
suggested Mr. Normand come back to the next hearing with additional information
showing what was originally approved and what is now being proposed. A motion was
made (O’Mara) and duly seconded to continue the matter to the January 12, 2012 meeting.
The vote was 5-0 in favor (O’Mara, Toole, Koseatac, Botticelli, McCarthy).
Approval of 2012 meeting schedule
A motion was made (O’Mara) and duly seconded to approve the 2012 meeting schedule.
The vote was 5-0 in favor.
15 Lauretta Lane – Variance Extension
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
Attorney Patricia Halstead represented the Applicant. Attorney Halstead explained that
the Applicant is requesting an extension for the variance that was granted in 2009. Said
variance has been extended due to the Permit Extension Act. The requested extension is
for six months. A motion was made (Botticelli) and duly seconded to approve the
requested relief. The vote was 5-0 in favor (O’Mara, Toole, Koseatac, Botticelli,
McCarthy).
Technical Amendment: White – 2 Hussey Street (File No. 020-11)
Attorney Michael Wilson represented the Applicant. Attorney Wilson explained to the
Board that the scope of the work has changed due to litigation between neighbors. The
agreed upon revisions are substantially less than what was initially approved by the Board
of Appeals. Accordingly, the Applicant is requesting to amend the decision to reflect this
change. A motion was made (Koseatac) and duly seconded to approve the requested
relief. The vote was 5-0 in favor (O’Mara, Toole, Koseatac, Botticelli, McCarthy).
V. Old Business
085-06 Reis 80 Miacomet Avenue Reade C
Action Deadline, April 26, 2012. Continued to April 12, 2012.
076-11 Nantucket Housing Authority Surfside Road Singer
Action Deadline April 20, 2012.
Attorney Andrew Singer, Gisele Gauthier, Brian Kucher, Rick Fennucio, and Tom
Hartman represented the Applicant.
Attorney Singer gave an overview of the project via powerpoint. Attorney Singer added
that the Applicant has met with the HDC and has an ongoing discussion to clarify some
of the HDC’s architectural suggestions. Attorney Singer mentioned that the proposal will
be phased by buyer qualification and that there will be two off-street parking spaces per
house, with guest parking as well.
Brian Kucher of Horsely Witten explained the stormwater calculations and the discussions
the Applicant had with Mass. Natural Heritage regarding any endangered species.
Rick Fennucio discussed the details of the conversations the Applicant had with the HDC
and how the Applicant has nine different types of homes proposed for this application.
Attorney Singer then indicated to the Board that he had responded to the questions that
Ed Marchant, the technical consultant for the Board of Appeals, had asked.
Michael O’Mara asked the Applicant if there was a study conducted that proves that the
need for housing exists on Nantucket.
Gisele Gauthier explained that the Nantucket Housing Authority conducted such a study
and that the need does in fact exist.
Mark Poor asked if the site would be developed all at one time or if the development of the
infrastructure would be phased as well?
Andrew Singer responded that the infrastructure will be built at one time and homes will
be built only when there is a qualified buyer.
Ed Toole asked if the Applicant thought about accessing the site via South Shore Road.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
Gisele Gauthier stated that this would not be feasible.
Michael O’Mara asked if MESA and Mass. Natural Heritage have approved the plan
before them and, separately, if any archeological work has been done.
Brian Kucher responded that the Applicant has met with Mass. Natural Heritage three
times and Gisele Gauthier mentioned that it was determined that no further archeological
work was necessary.
Ed Marchant, the Board of Appeals’ 40B technical consultant, addressed some of the
concerns and comments he had.
There was some discussion regarding the mission of Housing Assistance Corp and how
much profit they would be making.
Leslie Woodson Snell, the senior planner at the Planning Office, shared some comments
she had regarding the infrastructure, the parking, the sidewalks, the idea of a community
mailbox, paved driveway aprons, and a split-rail fence to between the yards and the
designated open space.
Bruce Perry, an abutter, requested more information regarding the location and relocation
of certain plants, the habitat information for some of the endangered species, a
homeowner’s association, and the information provided by Mass Natural Heritage.
Cormac Collier of the Nantucket Land Council asked if there would be conservation
restrictions in place.
David Barham, the chairman of the HDC, expressed his various concerns with the project
as well.
A motion was made (Koseatac) and duly seconded to continue the matter to 1:00 on
January 12, 2012. The vote was 5-0 in favor (Toole, O’Mara, Koseatac, Botticelli, Poor)
050-11 O’Banion 29 Daffodil Lane Glidden
Action Deadline May 3, 2012. Continued to January 12, 2012.
070-11 Town of Nantucket Madaket Road Sinatra
Action Deadline January 28, 2012. Continued to January 12, 2012.
073-11 Lamb 134 Main Street Perkins
Action Deadline February 25, 2012.
Eric Larson represented the Applicant. It was clarified that there are only three dwellings
on the Locus and that the relief would not increase the nonconforming nature of the
existing property.
A motion was made (Koseatac) and duly seconded to approve the requested relief. The
vote was 5-0 in favor (Toole, Koseatac, Botticelli, Poor, McCarthy)
Documents Referenced:
▪ Application submitted by Liz Huberman
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
063-11 Rabbit Run, LLC 18 Rabbit Run Road Glidden
Action Deadline January 11, 2012.
Attorney Richard Glidden represented the Applicants.
Attorney Glidden explained to the Board the issues regarding the front yard setback and
the miscalculation in the 25 feet of ground cover.
A motion was made (Koseatac) and duly seconded to approve the requested relief. The
vote was 3-2 in favor (Koseatac, Botticelli, McCarthy in favor; Toole and Angelastro
opposed).
Documents Referenced:
▪ Application submitted by Richard Glidden
VI. New Business:
077-11 36 Orange Street, LLC 36 Orange Street Oliver
Action Deadline March 7, 2012.
This matter was continued without opening to January 12, 2012.
083-11 Schmidt, et al Tom Nevers Glidden
Action Deadline March 7, 2012.
Attorney Richard Glidden represented the Applicants.
Attorney Glidden explained to the Board that the following parcels are all increasing in lot
size, but will still be nonconforming as to lot size for their respective zoning district.
A motion was made (Waine) and duly seconded to approve the requested relief. The vote
was 5-0 in favor (Toole, Waine, O’Mara, Koseatac, McCarthy).
Documents Referenced:
▪ Application submitted by Richard Glidden
075-11 Surfside Way Nominee Trust, Soloman Tr. 34 Surfside Rd Reade
Action Deadline February 25, 2012.
This matter was continued without opening to January 12, 2012.
078-11 Gershman 9 Washington Ave Reade
Action Deadline March 7, 2012.
A motion was made (Waine) and duly seconded to approve the requested withdrawal
without prejudice. The vote was 5-0 in favor (Waine, O’Mara, Koseatac, Poor,
Angelastro).
079-11 Wullschleger 12 Center Street, Siasconset Reade
Action Deadline March 7, 2012.
Attorney Marianne Hanley represented the Applicant.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
Attorney Hanley explained to the Board that the Applicant is requesting to lift the existing
structure in order to place a foundation beneath the house. There were some questions
regarding how Shell Street will be protected.
Sam Daniels, an abutter, requested that the conditions placed on the abutting properties
also apply to the following application.
A motion was made (Koseatac) and duly seconded to approve the requested relief. The
vote was 5-0 in favor (Toole, Waine, O’Mara, Botticelli, Koseatac).
Documents Referenced:
▪ Application submitted by Marianne Hanley
080-11 Seas the Day, LLC 77 Vestal Street Reade
Action Deadline March 10, 2012.
Attorney Arthur Reade and Tara Kelley represented the Applicant.
Attorney Reade explained to the Board that due to the change in elevation on the locus,
the Applicant is requesting a variance from the height requirements in the bylaw.
The Board suggested that the Applicant explore all design possibilities before continuing
with the variance application.
A motion was made (Koseatac) and duly seconded to continue the matter to the January
12th ZBA hearing. The vote was 5-0 in favor (Toole, O’Mara, Koseatac, Botticelli,
McCarthy).
081-11 Danforth, Trustees 10 King Street, Siasconset Reade
Action Deadline March 7, 2012.
Attorney Arthur Reade represented the Applicants.
Attorney Reade explained the history of the locus and how the Applicants are requesting
to validate what is existing on the locus in order to perform minor renovations.
A motion was made (Waine) and duly seconded to approve the requested relief. The vote
was 5-0 in favor (Toole, Waine, O’Mara, Koseatac, Angelastro).
Documents Referenced:
▪ Application submitted by Arthur Reade
082-11 Nashaquisset Cooperative, Inc. 33 Autopscot Circle Reade
Action Deadline March 7, 2012.
Attorney Arthur Reade represented the Applicants.
Attorney Reade explained to the Board that the proposed alteration will not increase the
nonconforming nature of the property.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
A motion was made (Angelastro) and duly seconded to approve the requested relief. The
vote was 5-0 in favor (Waine, O’Mara, Koseatac, McCarthy, Angelastro).
Documents Referenced:
▪ Application submitted by Arthur Reade
084-11 77 Main St. Nominee Trust 77 Main Street Glidden
Action Deadline March 7, 2012.
Attorney Jessie M. Glidden represented the Applicant.
Attorney Glidden explained to the Board that the proposed alteration will not increase the
nonconforming nature of the property.
A motion was made (Poor) and duly seconded to approve the requested relief. The vote
was 5-0 in favor (Toole, O’Mara, Koseatac, Poor, Angelastro).
Documents Referenced:
▪ Application submitted by Jessie Glidden
085-11 113 Main Street Realty Trust 113 Main Street Glidden
Action Deadline March 7, 2012.
Attorney Jessie M. Glidden represented the Applicant.
Attorney Glidden explained to the Board that the proposed alteration will not increase the
nonconforming nature of the property.
A motion was made (Angelastro) and duly seconded to approve the requested relief. The
vote was 5-0 in favor (Waine, O’Mara, Koseatac, McCarthy, Angelastro).
Documents Referenced:
▪ Application submitted by Jessie Glidden
086-11 Jock D. Lawrason 14 Center Street, Siasconset Glidden
Action Deadline March 7, 2012.
Attorney Jessie M. Glidden represented the Applicant.
Attorney Glidden explained to the Board that the Applicant is requesting to lift the
existing structure in order to place a foundation beneath the building.
A motion was made (Angelastro) and duly seconded to approve the requested relief. The
vote was 5-0 in favor (Waine, Koseatac, McCarthy, Poor, Angelastro).
Documents Referenced:
▪ Application submitted by Jessie Glidden
087-11 Patsalos-Fox 52 Orange Street Pohl
Action Deadline March 7, 2012.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
Lisa Botticelli was present to answer any questions regarding this matter.
After a discussion with the Board, it was determined that further information would be
required. A motion was made (Angelastro) and duly seconded to continue the matter to
January 12th. The vote was 5-0 in favor (Waine, O’Mara, Koseatac, Poor, Angelastro).
088-11 144 Surfside Road, LLC 144 Surfside Road Webster
Action Deadline March 10, 2012.
Attorney Steven Cohen represented the Applicant.
Attorney Cohen explained to the Board that the locus was transported from Easton Street
to Surfside Road and it was uncertain how much ground cover the transported structure
would take up. Accordingly, the structure is slightly over the allowable ground cover.
A motion was made (O’Mara) and duly seconded to approve the requested relief. The
vote was 4-1 in favor (O’Mara, Waine, Koseatac, McCarthy in favor; Angelastro opposed).
VII. Adjournment
A motion was made (Waine) and duly seconded to adjourn the hearing at 4:10 pm.