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HomeMy WebLinkAboutZoning Board of Appeals Meeting Minutes, February 10, 2011_201402050842130957 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 Minutes Thursday, February 10, 2011 1:00 PM 2 Fairgrounds Road Board Members in attendance: Michael O’Mara, Ed Toole, Kerim Koseatac, Mark Poor, Susan McCarthy, and Michael Angelastro Board Members absent: Dale Waine, Lisa Botticelli Staff: John Brescher and Venessa Moore I. Call to Order: Chairman Toole called the meeting to order at 1:02 PM. II. Approval of the Agenda: A motion was made (O’Mara) 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 (O’Mara) and duly seconded to approve the minutes of the January 13, 2011 ZBA meeting. The vote was 5-0 in favor. IV. Old Business  085-06 Reis 80 Miacomet Avenue Reade C Action Deadline, April 26, 2011. Continued to April 14, 2011  065-10 6 Clifford Street, LLC 6 Clifford Street Reade W Action Deadline May 4, 2011. The Applicant requested the matter be withdrawn without prejudice. A motion was made (O’Mara) and duly seconded. The vote was 5-0 in favor.  001-11 Westbrook, Trustee 16 Baxter Road Reade C Action Deadline April 13, 2011. (1) Continued to March 10, 2011.  002-11 Waterworks as Applicant 26 Bartlett Road Glidden W Action Deadline April 13, 2011. 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile The Applicant requested the matter be withdrawn without prejudice. A motion was made (Angelastro) and duly seconded. The vote was 5-0 in favor. V. New Business  068-10 Farello 7&9 Jefferson Ave Speicher Action Deadline February 25, 2011. Attorney Howard Speicher represented the Applicant. Attorney Speicher explained to the Board that the Applicant is requesting to create a structure that will encroach into the front yard setback. The Applicant is requesting to site the deck in the front yard setback because of the wetlands located towards the rear of the property. Furthermore, the Historic District Commission indicated that a deck would be appropriate and therefore the Applicant is requesting to construct one. Attorney Sarah Alger, representing an abutter, suggested that the proposed request does not meet the threshold for a Variance under the Nantucket Zoning Bylaw. Chairman Toole asked the designer, Matt MacEachern if there was a plan submitted without the deck. Mr. MacEachern indicated that there was not and suggested it could be possible to design something differently. A motion was made (Poor) and duly seconded to grant the requested Variance relief. The vote was 1-4 in favor (Koseatac, Angelastro, Toole, McCarthy opposed). Documents referenced:  ZBA Application submitted by Attorney Howard Speicher;  Site plan from file dated November 11, 2010, prepared by Emeritus Design.  005-11 Ehart as Owner, Everets as App. 26 & 28 Willard Street Reade Action Deadline April 13, 2011. Attorneys Arthur Reade and Jessie Glidden represented the Applicants. Attorney Reade explained to the Board that the existing nonconformity on the Locus is the differential between the primary and secondary dwellings. The Applicants are proposing to alter those dwellings in an effort to make the differential more conforming to the 20% requirement. Accordingly, as the alterations will not be making the structures more nonconforming, the Board did not need to analyze whether or not this alteration would be substantially more detrimental to the neighborhood than the existing nonconformity. Attorney Bill Hunter, representing some of the abutters, spoke against the application and suggested the Board postpone the hearing until the Historic District Commission approves the alterations and the Applicants submit a construction methodology. A motion was made (Angelastro) and duly seconded to approve the requested relief. The vote was 4-1 in favor (McCarthy opposed). Documents referenced:  ZBA Application submitted by Attorneys Arthur Reade and Jessie Glidden; 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile  Letter submitted by Attorney Steven Cohen dated February 8, 2011; and,  Site plan from file dated December 13, 2010, prepared by HE Design.  003-11 Heritage Landscape Maintenance 26 Bartlett Road Glidden Action Deadline April 13, 2011. The Applicant requested the application be withdrawn without prejudice. A motion was made (Angelastro) and duly seconded. The vote was 5-0 in favor.  007-11 Colella and Dunphy 7 I Street Glidden Action Deadline May 11, 2011. Attorney Richard Glidden represented the Applicants. Attorney Glidden explained that the proposed alteration would not be closer to the setback than the existing structure. A motion was made (Poor) and duly seconded to approve the relief requested. The vote was 5- 0 in favor. Documents referenced:  ZBA Application submitted by Attorney Richard Glidden;  Site plan from file dated January 5, 2011, prepared by On-Island Survey, Inc.  008-11 Dias, Trustees 25 Rugged Road Glidden Action Deadline May 4, 2011. Attorney Richard Glidden represented the Applicants. Attorney Glidden explained that the stairs and deck had been sited in the rear yard setback without the benefit of ZBA approval. Attorney Glidden indicated that the Historic District Commission suggested siting the deck and stairs in the present location. A motion was made (Poor) and duly seconded to approve the requested Variance relief. The vote was 1-4 in favor (Koseatac, O’Mara, Toole, McCarthy opposed). Documents referenced:  ZBA Application submitted by Attorney Richard Glidden;  Site plan from file dated May 9, 2005, prepared by John J. Shugrue, Inc.  009-11 Rigdon, Trustees 5 Towaddy Lane D’Elia Action Deadline May 11, 2011. Attorney Lori D’Elia represented the Applicants. Attorney D’Elia explained to the Board that the proposed alteration would not be substantially more detrimental to the neighborhood than the existing nonconformity as the proposed alteration will not encroach further into the setback than the existing encroachment. 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 A motion was made (Poor) and duly seconded to approve the requested relief. The vote was 5-0 in favor. Documents referenced:  ZBA Application submitted by Attorney Lori D’Elia;  Site plan from file dated January 1, 2011, prepared by Nantucket Surveyors, LLC.  010-11 Reinemo 45 Old South Road Self Action Deadline May 11, 2011. Karsten Reinemo represented himself. Mr. Reinemo explained to the Board that he is requesting to utilize part of his structure as a carpentry shop with light manufacturing. Accordingly, this use requires a Special Permit from the Zoning Board of Appeals. Mr. Reinemo acknowledged that there is a deed restriction against light manufacturing and carpentry shops on the Locus. Mr. Reinemo realized that in order to operate said shop, he will need to address the deed restriction, regardless of the ZBA decision. A motion was made (Koseatac) and duly seconded to approve the requested relief. The vote was 5-0 in favor. Documents referenced:  ZBA Application submitted by Karsten Reinemo;  Site plan from file dated January 12, 2011, prepared by Val Oliver. VI. Adjournment A motion was made (Koseatac) and duly seconded to adjourn the hearing at 3:25. The vote was 5- 0 in favor.