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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.