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HomeMy WebLinkAbout2008-04-11 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 d co (:..', z N Minutes Friday, April 11, 2008 1 :00 PM 2 Fairgrounds Road ~ --- . . -" .~ Board Members in attendance: Michael O'Mara, David Wiley, Nancy Sevrens, Burr Tupper, Lisa Botticelli, and Edward Toole. Staff: John Brescher, Leslie Woodson Snell, Venessa Moore I. Call to Order: Chairman Michael O'Mara called the meeting to order at 1:05 P.M. II. Approval of the Minutes: A motion was made to approve the Minutes (March 13, 2008 and March 25, 2008), duly seconded and voted 5-0. III. Other Business: Modification of Beach Plum Village Attorney Steven Cohen spoke on behalf of the applicants. Attorney Cohen eXplained that the applicants would like to relocate the site of the pool and the clubhouse. The plans for the proposal were submitted at the meeting and Attorney Cohen explained that the abutters were notified and the closest abutter was in favor of the modification. A motion was made (Toole) and duly seconded to approve the modification. The vote was 5-0 in favor. IV. Old Business . 085-06 Reis 80 Miacomet Ave Action Deadline September 26, 2008; Continued to September 12, 2008. 030-07 Burnham 12 1/2 Sherburne Turnpike Action Deadline September 26, 2008; Continued to September 12, 2008. 054-07 Nantucket Hunt. Assoc. Madequesham Valley Road Action Deadline May 30, 2008; Continued to May 9, 2008. 087-07 Barrett 21 Somerset Road Action Deadline June 30, 2008; Continued to May 9, 2008. Reade . Reade . Zieff . Cohen 2 Fairgrounds Road Nantucket 508-228-7215 telephone Massachusetts 508-228-7298 facsimile 02554 . 108-07 Hammer 6 King Street Action Deadline June 30, 2008; Continued to June 13,2008. Cohen . 020-08 Murphy, Trustee Action Deadline June 29, 2008. 5 Spring Street Gillmore Attorney Bruce Gillmore spoke on behalf of the applicant. Attorney Gillmore explained that in light of a recent SJC case, the Court recommended remanding the application in order to come to a mutual agreement between the applicant and the Board. The proposed terms of the compromise are that the relocation of the house comply with all setback regulations, the structure be constructed within the dimensions previously granted by the Board, the footprint of the house will be 1056 square feet, and that the height of the structure not be 22 feet above the flood plain. Mr. DaSilva, as an abutter, spoke against the application. Mr. DaSilva's objection was that the Board previously denied Mr. DaSilva's proposal, which was substantially similar to the relief requested by the applicant, and by granting the applicant's requested relief, the Board would be setting an unfortunate precedent. Philip Murphy spoke as an abutter. Mr. Murphy wondered how the side yard setback would be cured. Attorney Gillmore addressed this question and informed Mr. Murphy that all of the setbacks would be cured. Dave Wiley recommended the application be continued so the neighbors can have an opportunity to see the submitted plans and to clarify whether or not the restriction will be 22 feet above the flood plain or 28 feet in total. Marcus Silverstein informed the Board that the language the Board usually incorporates into their decisions regarding height is "average mean grade" rather than "above the flood plain". A motion was made (Wiley) and duly seconded to continue the application to the May 9, 2008 meeting. The vote was 5-0 in favor. V. New Business · 018-07 Rein Action Deadline April 10, 2008. 1 Henry Street Cohen Attorney Steven Cohen spoke on behalf of the applicants. There was a discrepancy between what the Board approved and what the HDC approved. In order to cure this 1 foot discrepancy in the height of the garage, the applicant is requesting a modification of the ZBA decision. A motion was made (Botticelli) and duly seconded to approve the application. The vote was 4-1 in favor (Toole opposed). · 019-08 Nantucket Homes For People, Inc. 18 & 28 So. Shore Rd. Schorer 2 Fairgrounds Road Nantucket 508-228-7215 telephone Massachusetts 508-228-7298 facsimile 02554 Action Deadline September 22, 2008. Cliff Schorer represented himself in front of the Board. Chairman Michael O'Mara explained to the audience that while this is a public hearing, there will be not be heard at this particular meeting as it was designed to be a preliminary meeting for the applicant to both give the Board an update ofthe final numbers of Phase I and to initially propose the dwellings in Phase II. As an abutter, Linda Williams objected to being denied public comment on this application. Additionally, Ms. Williams objected to the hearing be heard during the day because many of the abutters work during the day. Ms. Williams suggested the meetings be held at night. Mr. Schorer began his presentation and gave the Board an update of Phase I. In Phase I there are 7 affordable units in perpetuity. Much of his cost from Phase I stemmed from legal fees and litigation costs. For the proposed Phase II, there will be 36 total units proposed. The prices, which will range from $199,000 to $389,000 were established via pro forma. Mr. Schorer explained that he will also be working with staff in order to complete all of the requirements of his application. A motion was made (O'Mara) and duly seconded to continue the meeting to May 19, 2008 at 7:00. The vote was 5-0 in favor. · 021-08 Harde Action Deadline July 10, 2008. 10 Salem Street Alger Attorney Sarah Alger spoke on behalf of the applicant. A motion was made (Koseatac) and duly seconded to approve the application with the condition that the store open no earlier than 7:00 am and close no later than 10:00 pm. The vote was 5-0 in favor. · 008-08 Glidden, Trustee Action Deadline July 10, 2008. 36 Monomoy Road Glidden Attorney Richard Glidden spoke on behalf of the applicant. Attorney Glidden explained that the applicant is seeking approval to relocate his off-street on his neighbor's property via easement. Attorney Glidden provided the Board with a draft of the easement. Attorney Peter Kyburg spoke on behalf of an abutter against the application. A motion was made (Wiley) and duly seconded to approve the application. The vote was 5-0 in favor. . 011-08 Squam Head LLC Action Deadline July 10, 2008. 73 Squam Road Glidden Attorney Richard Glidden spoke on behalf of the applicant. 2 Fairgrounds Road Nantucket 508-228-7215 telephone Massachusetts 508-228-7298 facsimile 02554 Attorney Glidden explained that the applicant's have newly approved set of HDC plans and would like the Board to approve said plans. A motion was made (Koseatac) and duly seconded to approve the application. The vote was 5-0 in favor. · 010-08 Siasconset Casino Association Action Deadline July 10, 2008. 11,13,15 New Street Alger Attorney Sarah Alger spoke on behalf of the applicants. Attorney Alger explained to the Board that because the applicants chose not to construct a fourth tennis court, as per the decision, the applicants will need a modification of their decision. A motion was made (Koseatac) and duly seconded to approve the application. The vote was 5-0 in favor. · 009-08 Marine Lumber Co., Inc. Action Deadline July 10,2008. 58 Old South Road Fitzgerald Attorney Julie Fitzgerald spoke on behalf ofthe applicants. Attorney Fitzgerald explained to the Board that although the Board had made a decision about 20 years ago, the decision was never signed by the Board. Therefore, Attorney Fitzgerald asked the Board to re-approve what was approved in the prior decision. Attorney Fitzgerald noted that although there are presently 9 dwelling units existing, the applicants are only asking for 7 dwelling units. Linda Williams spoke and recollected that the Board did in fact sign the previous decision. Andrew Vorce also explained that there is no record of the Town Clerk or the Registry of Deeds ever having the signed decision. A motion was made (Koseatac) and duly seconded to approve the application with the condition that only 7 dwellings units remain. The vote was 5-0 in favor. · 012-08 Baeuchle Action Deadline June 29, 2008. 7 Enterprise Circle Baeuchle Dieter Baeuchle spoke on behalf of himself. Mr. Baeuchle explained to the Board that he would like to construct a second dwelling on his property. However, the plans for the proposed dwelling exceed the ground cover regulation in his zoning district. Therefore, Mr. Baeuchle is seeking relief to exceed the ground cover ratio. The Board questioned why the applicant is not following the requirements of the Zoning Bylaw and the applicant stated that the house would be too small if he had to follow the Zoning Bylaw requirements for ground cover. 2 Fairgrounds Road Nantucket 508-228-7215 telephone Massachusetts 508-228-7298 facsimile 02554 A motion was made (Toole) and duly seconded to approve the application. The vote was 0-5 in favor (Toole, Koseatac, O'Mara, Botticelli, and Wiley opposed). · 013-08 Martin's Guesthouse/Centerboard Guest House, Glowacki Trustee 61 Centre Street/8 Chester Street Soeder/Cochran Action Deadline June 29, 2008. Applicants spoke on behalf of themselves. The Zoning Enforcement Officer reconsidered his opinion that the lots had merged and instead stated that he believed no zoning relief was necessary. The applicants also explained that they believed no relief was necessary as the two lots fell into the definition of "lot" under the Nantucket Zoning Bylaw and were therefore separately marketable and buildable. A motion was made (Wiley) and duly seconded to approve the application. The vote was 5-0 in favor. · 014-08 Sanford Boat Condo. Association Action Deadline June 29, 2008. 2 Sanford Road Avery Attorney Emily Avery spoke on behalf of the applicants. Attorney Avery requested a clarification from the Board in order to determine whether or not the amount of open space was adequate. Presently, the handicapped access ramp is exempt from open space regulations. Therefore, Attorney Avery was requesting the Board find that handicapped access ramp is exempt from the open space calculations. A motion was made (Wiley) and duly seconded to grant the clarification. The vote was 5-0 in favor. · 017-08 Merson/Bunevich Action Deadline June 29, 2008. 71 Baxter Road Merson John Merson spoke on behalf of himself. Mr. Merson was seeking relief to relocate his dwelling due to severe coastal erosion. A motion was made (Wiley) and duly seconded to approve the application with the condition that no work will be done between June 1st and September 15th. The vote was 5- o in favor. VI. Adjournment A motion was made (Wiley) and duly seconded to adjourn the meeting at 4:00 P.M. 2 Fairgrounds Road Nantucket 508-228-7215 telephone Massachusetts 508-228-7298 facsimile 02554