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Home My WebLink About2012-2-9Z ^� D Z ^� C =� n TOWN OF NANTUCKET � N) BOARD OF APPEALS NANTUCKET, MA 02554 C r m � U1 Minutes Thursday, February 9, 2012 1:00 PM 4 Fairgrounds Road i0 M M M 0 Board Members in attendance: Ed Toole, Michael J. O'Mara, Kerim Koseatac, Lisa Botticelli, Mark Poor, and Michael Angelastro. Staff: John Brescher I. Call to Order: Chairman Toole called the meeting to order at 1:06 PM. II. Approval of the Agenda: A motion was made (Botticelli) and duly seconded to approve the agenda as written. The vote was 5 -0 in favor. III. Other Business: IV. Old Business ■ 085 -06 Reis 80 Miacomet Avenue Reade Action Deadline, April 26, 2012. Continued to April 12, 2012. ■ 050 -11 O'Banion 29 Daffodil Lane Glidden Action Deadline May 3, 2012. Continued to February 9, 2012. ■ 070 -11 Town of Nantucket Madaket Road Sinatra Action Deadline July 28, 2012. Whitey Willauer represented the Applicant. Mr. Willauer went through a power point presentation for the Board of Appeals. This presentation focused on the positive benefits of a wind turbine at the landfill site. After the conclusion of the presentation, the Board asked Mr. Willauer some questions. Michael J. O'Mara asked Mr. Willauer whether or not the proposed cash flow is factored into the projected cost to the community as described in the McCann Report presented by those in opposition to the project. 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile C Michael Angelastro asked Mr. Willauer whether or not this project will require a ballot or override vote. Rich Atherton explained to the Board that the Board of Selectmen have put forward three override articles at this year's Town Meeting and this is one of them. Michael Angelastro also asked what will happen with the excess electricity. Mr. Willauer explained that whatever excess amount there is will be deducted from the municipal buildings. Michael Angelastro further asked whether or not this is a commercial use or not. Attorney Arthur Reade, representing some of the Madaket homeowners in opposition to the proposed turbine, also wondered whether or not this proposed use is municipal or commercial. Attorney Reade further added that he did not agree with the opinion of Town Counsel and that this use should be viewed as commercial. The Board of Appeals then asked the Applicants why they were asking for Variance relief. Lauren Sinatra, the Energy Planner for the Town of Nantucket, spoke on behalf of the Applicants and explained to the Board that the landfill site was the only feasible site available. Ken Blackshaw, a member of the Energy Study Committee, also added that a height permit is needed because it is more cost - effective to be taller. Chris McGee, another member of the Energy Study Committee, added that the turbine needs to be a certain height in order for it to be effective. John Stover, also a member of the Energy Study Committee, further added that the site is remote. Attorney Reade explained the criteria for a Variance and argued that this use did not warrant Variance relief from the Board of Appeals. Chuck Linder, a home owner in Madaket, added that if the Applicants are uncertain of the design, then the Applicant needs to provide further information. Chrisotpher Senie, at attorney representing Common Sense Nantucket, explained his experience with similar wind turbine applications and the various issues that come up. Charles Stott, the president of the Madaket Homeowner's Association, spoke in opposition to the application indicating issues of fall -zone and the height. Karen Palmer, a resident of Madaket, expressed concern regarding the noise levels and whether or not the Zoning Board of Appeals has jurisdiction to hear this matter. Bruce Mandel, a homeowner in Madaket, suggested that the Applicant look into alternative methods, like solar arrays. Jim Alyward, a homeowner in Madaket, spoke against the application and suggested the Board look at the Town of Nantucket as a developer in light of this application. Chris McGee explained again that the Energy Study committee has diligently been working on this matter and has been looking for alternatives as well. Maureen Philips, a homeowner in Madaket, asked about the comparative heights of these turbines and the aesthetics of them as well. Edward Toole asked if other alternatives have been explored and where there are similar turbines in the Northeast? 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile Mary Gambee of 160 Madaket Road asked about the grant that was given to study wind on Nantucket. Mr. Willauer responded that the grant was just to study wind energy at the landfill site. Ed Toole asked why there smaller units weren't proposed. Mr. Willauer explained that they would need 14 wind turbines the size of the one at the high school to have the same effectiveness as the one proposed. Leslie Johnson suggested that the idea of solar arrays be explored further. The Board suggested that this matter be continued until after Town Meeting and a motion was made (Botticelli) and duly seconded to continue the matter to the April 12th hearing. The vote was 5 -0 in favor (Toole, O'Mara, Koseatac, Botticelli, Angelastro). A brief recess took place from 2:35 to 2:38. 080 -11 Seas the Day, LLC 77 Vestal Street Reade Action Deadline March 10, 2012. Continued to March 8, 2012. V. New Business: ■ 003 -12 Don Allen Auto Service, Inc. 10 Polpis Road Weinman Action Deadline April 11, 2012. Attorney Rhoda Weinman represented the Applicant. Attorney Weinman explained to the Board that the Applicant is requesting a modification to their existing Special Permit in order to use the locus to show automobiles. At the bequest of their neighbors, they have eliminated the proposal to use the locus for car rentals and car repairs. Attorney Weinman further added that there will be no additional ground cover as a result of this modification. Diane Ryder, an abutter, asked if there would be cars displayed outside the showroom. Attorney Weinman responded that there would be no cars displayed outside the showroom. Ms. Ryder then added that she had no objection to the business inside the showroom. Michael Angelastro asked the Applicant to provide an updated parking plan and a further parking analysis to determine whether or not they needed a waiver. A motion was made (Botticelli) and duly seconded to continue the application to the March 8th hearing. The vote was 5 -0 in favor (Toole, Botticelli, Koseatac, O'Mara, Angelastro). 007 -12 Winters 147 Main Street Action Deadline April 7, 2012. Continued to March 8, 2012. 009 -12 Bermingham Action Deadline May 9, 2012. 10 Pine Street Cohen MacMullen 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile C Nathan McMullen represented the Applicant. Mr. McMullen explained to the Board that the Applicants that the proposed alteration will not increase the nonconforming nature of the existing structure. A motion was made ( Angelastro) and duly seconded to approve the requested relief. The vote was 5 -0 in favor (O'Mara, Koseatac, Botticelli, Angelastro, Poor). Documents Referenced: • Application submitted by Nathan McMullen 010 -12 16 Towaddy Lane Realty Trust 16 Towaddy Lane Reade Action Deadline May 9, 2012. Attorney Arthur Reade represented the Applicant. Attorney Reade explained to the Board that the proposed alteration will not increase the nonconforming nature of the existing structure. A motion was made (Botticelli) and duly seconded to approve the requested relief. The vote was 5 -0 in favor (Toole, O'Mara, Koseatac, Botticelli, Poor). Documents Referenced: • Application submitted by Arthur Reade ■ 011 -12 East Creek Nominee Trust 12 & 14 East Creek Road Hunter Action Deadline May 12, 2012. Attorney Bill Hunter represented the Applicant. Attorney Hunter explained to the Board the history of the parcel and why the Applicant is requesting a Variance relief in order to apply for an ANR plan. The Board suggested that as a condition, the Applicant give up the rights to the Major Residential Development permit should relief be granted. A motion was made (Poor) and duly seconded to approve the requested relief. The vote was 5 -0 in favor (Toole, O'Mara, Koseatac, Botticelli, Poor). Documents Referenced: • Application submitted by Bill Hunter 013 -12 Koseatac 2 Chester St /30 N. Water St. Cohen Action Deadline May 12, 2012. Continued to April 12, 2012. 014 -12 Lamb, et al 14 Mayhew Lane Fitzgerald Action Deadline May 12, 2012. Attorney Julie Fitzgerald represented the Applicants. Attorney Fitzgerald described the various nonconformities with the property and that the Applicants are requesting to validate the nonconformities as they presently exist. 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile C A motion was made ( Angelastro) and duly seconded to approve the requested relief. The vote was 5 -0 in favor (Toole, Koseatac, Botticelli, Poor, Angelastro). Documents Referenced: Application submitted by Julie Fitzgerald ■ 006 -12 Seigel as Owner, Caggiano as App. 58 Goldfinch Drive Jensen Action Deadline April 11, 2012. A motion was made (Poor) and duly seconded to allow the requested withdrawal without prejudice. The vote was 5 -0 in favor (Toole, Koseatac, Botticelli, Poor, Angelastro). VI. Adjournment A motion was made (Poor) and duly seconded to adjourn the hearing at 3:40 pm. 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile