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HomeMy WebLinkAbout2011-10-13TOWN OF NANTUCKET - BOARD OF APPEALS �} NANTUCKET, MA 02554 Minutes ` Thursday, October 13, 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 1:03 PM. II. Approval of the Agenda: A motion was made ( Waine) 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 ( Angelastro) and duly seconded to approve the minutes of the September 8,h ZBA hearing. The vote was 5 -0 in favor. IV. Other Business: ■ Discussion of Compliance with Special Permit (Barrett — 032 -10) Attorney Arthur Reade represented the applicants. Attorney Reade explained that the Applicants have complied with the terms of their Special Permit. Marcus Silverstein, the Zoning Enforcement Officer (ZEO) further agreed that the Applicants appear to be in compliance with their permit. Mr. Silverstein noted that the Applicants are doing residential construction and that it is in no way associated with the commercial activity that is permitted on the Locus. Dan Pronk, an abutter, noted that his two main concerns were the speed of vehicles since the road has been paved and the noise coming from the trucks. Marianne Stanton, an abutter, noted that she just wanted to make sure there was a green barrier and that there was an adequate buffer. ■ Discussion re: Pesce Engineering Review for Sachem's Path project 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile Staff informed the Board that the Sachem's Path 40B project would be on the agenda for next month and that the Board will need to retain the services of technical experts, both in the field of engineering and 40B permitting. The Board indicated that they would like to consult with the Applicant prior to finalizing a consultant for the matter. ■ Minor Modification for Decision No. 016 -11 (70 Centre Street) Attorney Jessie Glidden represented the Applicant. Attorney Glidden explained to the Board that the end result of the project will be identical, but the form of relief is slightly different due to the change in the construction methodology. A motion was made (Botticelli) and duly seconded to approve the requested relief as a minor modification. The vote was 5 -0 in favor (Toole, Poor, Botticelli, McCarthy, O'Mara). V. Old Business ■ 085 -06 Reis 80 Miacomet Avenue Reade C Action Deadline, April 26, 2012. Continued to April 12, 2011. ■ 038 -11 Glidden, Trustee 86 Main Street Glidden Action Deadline April 6, 2012. Attorney Richard Glidden represented the Applicant. Attorney Glidden explained that the work requested has been approved by the HDC and that while there will be no further encroachment into the setback, there will be greater massing in the setback. Attorney Arthur Reade, representing Mary Margaret Holmes, an abutter, objected to the proposed alteration in so much that it will be substantially more detrimental to the neighborhood than the existing nonconformity because the addition will "loom up" over his client's property. Mary Margaret Holmes, an abutter, spoke about the importance of the hedge that exists in order to protect her privacy from the abutting property and how this alteration will impact said hedge. Randy Allfather, an abutter, also had concerns with the alteration because it may diminish privacy. Steve Bender spoke to the application as well. A motion was made (Toole) and duly seconded to approve the requested relief. The vote was 1 -4 in favor (Waine, O'Mara, Botticelli, Koseatac opposed). Documents Referenced: • Application submitted by Attorney Richard J. Glidden • Site plan entitled "ZBA Exhibit Plot Plan," dated June 8, 2011 ■ 048 -11 Finback Homeowners Assoc. Tr. 64 Somerset Road Hanley C Action Deadline April 22, 2012. 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile This matter was continued without opening to November 10, 2011. ■ 057 -11 Hepworth Action Deadline December 7, 2011. This matter was heard with File No. 058 -11. ■ 058 -11 Sconset Home Realty Trust Action Deadline December 7, 2011. 2 Center St., Siasconset Glidden 6 Center Street, Siasconset Glidden Attorney Jessie M. Glidden represented the Applicants. Attorney Glidden informed the Board that the Applicants presently have HDC approval for both lots. Mr. O'Mara asked how the road would be protected during this process. Burr Tupper, the contractor for the property, explained the construction methodology to the Board. Sam Daniels, an abutter, asked for further clarification regarding the construction methodology and the conditions the Board planned on imposing on the project. A motion was made (O'Mara) and duly seconded to approve the requested relief for Application No. 057 -11. The vote was 5 -0 in favor. A second motion was made (O'Mara) and duly seconded to approve the requested relief for Application No. 058 -11. The vote was 5 -0 in favor. Documents Referenced: • Application submitted by Attorney Jessie M. Glidden • Correspondence from various abutters Site plan entitled "Proposed Site Plan of Land in Nantucket, Mass. dated August 10, 2011, Revised October 6, 2011." VI. New Business ■ 050 -11 O'Banion 29 Daffodil Lane Self Action Deadline November 3, 2011. Attorney Jessie M. Glidden represented the Applicant. Attorney Glidden explained to the Board why the Applicant was appealing the Cease and Desist Order from the ZEO and why the Applicant was also requesting a finding that the existing use can be approved as a customary home occupation. Marcus Silverstein, the ZEO, spoke to the application. His issue with the Applicant's commercial business is that it is in a residential neighborhood and that it is not a customary home occupation. Leslie Woodson Snell of the Planning Office stated that the staff at the Planning Office believe that this can be considered a customary home occupation. David Glidden, Charlie Sayles, and Ted Jennison, interested members of the public, spoke against the application. Steve Bender, a member of the public, spoke for the application. 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile A motion was made (Waine) and duly seconded to continue the matter to the November 10th hearing. The vote was 5 -0 in favor. ■ 063 -11 Rabbit Run, LLC 18 Rabbit Run Road Glidden Action Deadline January 11, 2012. This matter was continued without opening to the November 10th hearing. • 065 -11 White Whale Lane, LLC 54 Tennessee Avenue Reith Action Deadline January 11, 2012. Attorney Richard Glidden represented the Applicant. Attorney Glidden explained to the Board that the Applicant is requesting a Special Permit for an alteration that will be no closer to the setback than the preexisting nonconforming structure. A motion was made (Waine) and duly seconded to approve the requested relief. The vote was 5 -0 in favor. Documents Referenced: ■ Application submitted by Norman Reith ■ 059 -11 Freeman and Stevens 32B Hulbert Ave Oliver Action Deadline January 11, 2012. Val Oliver represented the Applicant. Ms. Oliver explained to the Board that the Applicant is requesting a Special Permit for an alteration that will be no closer to the setback than the preexisting nonconforming structure. A motion was made (Botticelli) and duly seconded to approve the requested relief. The vote was 5 -0 in favor. Documents Referenced: ■ Application submitted by Val Oliver ■ 060 -11 Gebhardt 15 Clifton Street Oliver Action Deadline January 11, 2012. Val Oliver represented the Applicant. Ms. Oliver explained to the Board that the Applicant is requesting a Special Permit for an alteration that will be no closer to the setback than the preexisting nonconforming structure. A motion was made (Botticelli) to approve the requested relief. The vote was 5 -0 in favor. 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile Documents Referenced: ■ Application submitted by Val Oliver 062 -11 Peaceful Neighbors, LLC 14 Mt. Vernon Street Cowles Action Deadline January 11, 2012. Fred Cowles represented himself at the hearing. Mr. Cowles explained to the Board that there was an unintentional setback intrusion when construction was done to his property in 2005. Additionally, this type of de minimis intrusion can be approved by Special Permit. A motion was made (Botticelli) and duly seconded to approve the requested relief. The vote was 5 -0 in favor. Documents Referenced: ■ Application submitted by Fred Cowles 064 -11 Kenneth C. Coffin, Inc. Rear Plainfield Action Deadline January 11, 2012. Halstead Attorney Patricia Halstead represented the Applicant. Ms. Halstead asked that the Board make the finding that no relief is necessary because there is no merger issue regarding the properties. Attorney Sarah Alger, representing some of the abutters, suggested Variance relief may be more appropriate and asked for conditions to be placed on the Locus. Leslie Woodson Snell of the Planning Office added that she did not think relief was necessary. Geoff Thayer, an abutter, asked for further clarification regarding the application. Mary Will, an abutter, noted that there was a private way to the Coffin property. A motion was made (Botticelli) and duly seconded to continue the matter to the November 10th hearing. The vote was 5 -0 in favor. ■ 066 -11 Cohen 116 & 117 Baxter Road Alger Action Deadline January 11, 2012. Attorney Sarah Alger represented the Applicant. Attorney Alger explained to the Board that the Applicant is requesting parking relief for his property on Baxter Road. A motion was made (Botticelli) and duly seconded to approve the requested relief. The vote was 5 -0 in favor. Documents Referenced: 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile ■ Application submitted by Attorney Sarah F. Alger 067 -11 9 Lily Street Nominee Trust 9 Lily Street Alger Action Deadline January 11, 2012. Attorney Sarah Alger represented the Applicant. Attorney Alger explained to the Board that there was some confusion regarding the labeling of the secondary structure on the Locus. While the HDC asked the structure be labeled a cottage, the Applicant has no intention of this structure being habitable and instead intends to use it as a garage. There was a letter on file asking for further clarity regarding the labeling of the secondary structure on the Locus and whether or not Special Permit relief is appropriate. A motion was made (Waine) and duly seconded to approve the requested relief. The vote was 5 -0 in favor. Documents Referenced: • Application submitted by Attorney Sarah F. Alger • Correspondence from abutters ■ 068 -11 Peacock 26 King Street Alger Action Deadline January 11, 2012. Attorney Sarah Alger represented the Applicant. Attorney Alger explained to the Board that this was a de minimis unintentional setback intrusion that could very easily be approved by Special Permit. A motion was made (McCarthy) to approve the requested relief. The vote was 5 -0 in favor. Documents Referenced: ■ Application submitted by Attorney Sarah F. Alger 069 -11 ERF, LLC 108 Cliff Road Action Deadline January 11, 2012. Attorney Sarah Alger represented the Applicant. Alger Attorney Alger explained that this was a M.G.L. 41 -81L issue and that the access to the site would be on to Westmoor Lane. Attorney Arthur Reade, representing an abutter, informed the Board that his client is in support of the application and agreed that Variance relief is appropriate. Attorney Paul Jensen, representing Francis Farrell, indicated to the Board that the Applicant has no rights onto Westmoor Lane. Francis Farrell, an abutter, spoke against the application and felt that the Variance should not be used for profit motivation. 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile Dale Waine suggested that it may be possible that the Applicant may not need relief from this Board. If the Board grants the Applicant a Variance, it is possible to impose restrictions on the Locus. A motion was made (Angelastro) and duly seconded to approve the Variance relief requested. The vote was 5 -0 in favor. Documents Referenced: ■ Application submitted by Attorney Sarah Alger 061 -11 Ahnemann 26 Sesapana Road Drahzal Action Deadline January 11, 2012. Nancy Drahzal represented the Applicant. Ms. Drahzal explained that the HDC has approved the requested garage and it would be an increase over the allowable ground cover on the Locus. However, as nearly all houses in the Sesapana /Tawpoot subdivision are over the allowable ground cover ratio, it has been the Board's practice to allow a maximum ground cover ratio of 12.5 %. A motion was made (Angelastro) and duly seconded to approve the requested relief. The vote was 5 -0 in favor. Documents Referenced: ■ Application submitted by Nancy Drahzal VII. Adjournment A motion was made (Koseatac) and duly seconded to adjourn the hearing at 5:00 pm. 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile