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HomeMy WebLinkAbout2012-4-12z D ^� C C7 rn ��C ZI M --+ n M o z ::3 M v TOWN OF NANTUCKET `0 BOARD OF APPEALS � ° NANTUCKET, MA 02554 Minutes Thursday, April 12, 2012 1:00 PM 4 Fairgrounds Road Board Members in attendance: Ed Toole, Michael J. O'Mara, Kerim Koseatac, Lisa Botticelli (arrived at 2:21 pm), Mark Poor, and Susan McCarthy. Board Members absent: Dale Waine, and Michael Angelastro Staff: John Brescher I. Call to Order: Chairman Toole called the meeting to order at 1:06 PM. IL Approval of the Agenda: Chairman Toole announced that because Ms. Botticelli would be running late, the Board would be taking agenda items out of order. A motion was made (O'Mara) and duly seconded to approve this modification to the agenda. The vote was 5 -0 in favor. III. Approval of the Minutes: A motion was made (Botticelli) and duly seconded to approve the minutes of March 8, 2012. The vote was 5 -0 in favor. IV. Other Business: Technical Amendment Request — 2 & 6 Center Street, Siasconset (File Nos. 057 -11, 058 -11) Attorney Jessie Glidden represented the Applicant. Attorney Glidden explained to the Board that the Applicant is requesting a technical amendment in order to modify the existing "Exhibit B" which described the order in which the work would be completed. There was a discussion between the Board as to whether or not type of technical amendment was a substantive change to the decision or not. The Board determined that it was not a substantive change because the relief granted by the decision was not altered by changing the order in which the work was completed. A motion was made (O'Mara) and duly seconded. The vote was 4 -0 in favor (Toole, O'Mara, Koseatac, McCarthy. Poor abstained.). ■ Technical Amendment Request — 26 Sesapana Road (File No. 061 -11) 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile Nancy Drahzal represented the Applicant. Ms. Drahzal explained to the Board that there was an error in calculating the ground cover ratio in the application and this number needed to be corrected. A motion was made (Koseatac) and duly seconded to approve the requested technical amendment. The vote was 5 -0 in favor (Toole, O'Mara, Koseatac, McCarthy, Poor). V. Continuances The following items were continued without opening ■ 085 -06 Reis 80 Miacomet Avenue Reade Action Deadline, October 26, 2012. Continued to October 11, 2012. ■ 050 -11 O'Banion 29 Daffodil Lane Glidden Action Deadline May 3, 2012. Continued to May 10, 2012. ■ 007 -12 Winters 147 Main Street Cohen Action Deadline October 7, 2012. ■ 013 -12 Koseatac 2 Chester St /30 N. Water St. Cohen Action Deadline May 12, 2012. ■ 015 -12 Jaxtimer 22 Willard Street D'Elia Action Deadline June 7, 2012. VI. New Business: ■ 025 -12 Glidden, Trustee 77 Main Street Glidden Action Deadline July 11, 2012. Attorney Jessie Glidden represented the Applicant. Attorney Glidden explained to the Board that the Applicant is requesting Special Permit relief in order to alter a preexisting nonconforming structure without increasing the nonconforming nature of said structure. The dormers would be constructed to the rear of the structure and although the dormers would be above the allowed height of the structure, they would still be beneath the ridge height. Ted Gillete, the property owner, stated that the direct abutters are in favor of this project. A motion was made (Poor) and duly seconded to approve the requested relief. The vote was 5 -0 in favor (Toole, O'Mara, Koseatac, McCarthy, Poor). Documents Referenced: • Application submitted by Attorney Jessie M. Glidden. ■ 024 -12 Kaye Action Deadline July 11, 2012. 17 Top Gale Lane Halstead Attorney Patricia Halstead represented the Applicant. Attorney Halstead explained to the Board that the Applicant is requesting Special Permit relief in order to alter the preexisting nonconforming structure without increasing the nonconforming nature of said structure. There will be no change in ground cover and the majority of the work will be inside the structure. 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile C C C C C A motion was made (Poor) and duly seconded to approve the requested relief. The vote was 5 -0 in favor (Toole, O'Mara, Koseatac, McCarthy, Poor). Documents Referenced: • Application submitted by Attorney Patricia Halstead. 027 -12 McPhee and Gilson Action Deadline July 12, 2012 147 Polpis Road Alger Attorney Sarah Alger represented the Applicant. Attorney Alger explained to the Board that the Applicants are requesting to modify the original Variance in order to receive relief from the 20% size differential between primary and secondary dwellings because of a conservation restriction held by the Nantucket Land Council. 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, McCarthy). Documents Referenced: • Application submitted by Attorney Sarah Alger. 028 -12 Alger, Trustee Action Deadline July 11, 2012 82 Easton Street Alger Attorney Sarah Alger represented the Applicant. Attorney Alger explained to the Board that the Applicant is requesting to revert the use back to a single - family dwelling and to alter the existing structure. A motion was made (Poor) and duly seconded to approve the requested relief. The vote was 4 -0 in favor (Toole, O'Mara, McCarthy, Poor). Documents Referenced: • Application submitted by Attorney Sarah Alger. 080 -11 Seas the Day, LLC 77 Vestal Street Reade Action Deadline September 10, 2012. Attorney Arthur Reade and Bill McGuire represented the Applicant. Attorney Reade and Mr. McGuire illustrated the severe topography of the Locus. The Board suggested the Applicant consider other alternatives to see if Variance relief would not be necessary. A motion was made (Botticelli) and duly seconded to continue the matter to the May 101h hearing. The vote was 5 -0 in favor (Toole, O'Mara, Koseatac, Botticelli, McCarthy). ■ 016 -12 Young, Trustee Action Deadline June 6, 2012. 25 Young's Way Glidden Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile Attorney Richard Glidden represented the Applicant. Attorney Glidden explained to the Board that the matter was re- noticed in order to reference the outdoor storage relief requested. The Board discussed the propose use and whether or not it would be in harmony with the purpose and intent of the Bylaw. A motion was made (Botticelli) and duly seconded to approve the requested relief. The vote was 4 -1 in favor (O'Mara, Botticelli, Koseatac, McCarthy voted in favor; Toole opposed). Documents Referenced: • Application submitted by Attorney Richard Glidden. ■ 020 -12 Toraby 11 Bank Street, Siasconset Palenski Action Deadline June 7, 2012. Paul Palenski represented the Applicant. Mr. Palenski brought a revised site plan to the Board of Appeals hearing to show where the proposed renovation would be located relative to the setback. The Board suggested revising the proposed construction so that the renovation would not encroach any further into the setback than the existing structure. A motion was made (Koseatac) and duly seconded to continue the matter to the May 10th ZBA hearing. The vote was 5 -0 in favor (Toole, O'Mara, Koseatac, Botticelli, McCarthy). 076 -11 Nantucket Housing Authority Surfside Road Singer Action Deadline April 20, 2012. Attorney Andrew Singer represented the Applicant at the hearing. Attorney Singer informed the Board that he was there to request a continuance and to find a suitable date to hold the next hearing. The Board and the Applicant discussed various possibilities and extending the action deadline. The Board and the Applicant ultimately agreed upon continuing the matter to noon on May 10th and extending the action deadline to June 14th. A motion was made (Botticelli) and duly seconded to continue the matter and extend the action deadline to the respective dates. The vote was 5 -0 in favor (Toole, O'Mara, Koseatac, Botticelli, Poor). 030 -12 Riseborough Action Deadline July 11, 2012. 17'/2 Old South Road Self Denise Riseborough represented herself at the hearing. Ms. Riseborough explained to the Board the proposal to convert the existing space into a take -out food establishment that would have no interior spaces and no loading zone. Leslie Woodson Snell of the Planning Office spoke in favor of the application. Ms. Snell indicated that at the April 9th Planning Board meeting, the Planning Board voted to support this application. 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile Attorney Arthur Reade, representing an abutter, expressed concerns regarding the proposed loading zone waiver. Specifically, Attorney Reade recommended that the possibility of a loading zone be examined because Old South Road is such a high traffic area. The Board suggested the Applicants recess for a few minutes to discuss the various possibilities of finding somewhere on the Locus for a loading zone. A motion was made (Botticelli) to allow the hearing to be temporarily recessed in order for the Applicant to discuss the loading zone issue with the abutters. At 4:31 pm the matter was resumed and the Applicant agreed to construct a loading zone, which would be available until 11:00 am, over parking spaces 1a, 2a, 3a, and 4a. A motion was made (Koseatac) and duly seconded to approve the requested relief. The vote was 5 -0 in favor. Documents Referenced: • Application submitted by Denise Riseborough. 026 -12 Featherstonaugh Family QS Trust 63 Surfside Road Ewing Action Deadline July 11, 2012 Tori Ewing represented the Applicant. Ms. Ewing discussed the need for Special Permit relief in order to convert the structure into a take -out establishment. The Board brought up the easement issue between the property in question and the abutting property. The Board suggesting continuing the application to the May 10th hearing in order to obtain more information about this easement. A motion was made (Koseatac) and duly seconded to continue the matter to the May 10th hearing. The vote was 5 -0 in favor. 022 -12 4 Butterfly Lane Nominee Trust 4 Butterfly Lane Mills Action Deadline July 11, 2012. Doug Mills represented the applicant. Mr. Mills explained to the Board that the proposed alteration will not increase the nonconforming nature of said structure because the proposed alteration will be entirely outside of the setback. A motion was made (Botticelli) and duly seconded to approve the requested relief. The vote was 5 -0 in favor. 021 -12 Nantucket Planning Board /BOS 17 Chuck Hollow Road Self Action Deadline June 6, 2012. Attorney Jonathan Silverstein represented the appellants - the Nantucket Planning Board and Board of Selectmen. 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile Attorney Silverstein initially requested the matter be continued in light of the approval granted to 17 1/201d South Road, but upon further deliberation with Ms. Riseborough and her counsel, the Appellant decided to proceed. Attorney Silverstein discussed the definition of what a home occupation use is and whether or not the proposed use of a pizza delivery business is considered accessory to the principal use on the Locus. Denise Riseborough, and her counsel, Attorney Lindsey Strauss, discussed how the proposed business met the definition of a home occupation. The two went through the ordering mechanism via PowerPoint and went into great detail describing the proposed use on the Locus. Marcus Silverstein, the Zoning Enforcement Officer, explained why he felt he needed to issue the home occupation permit for this proposed use. Mr. Silverstein discussed the constraints of the bylaw and how if the applicant is able to meet the requirements of said bylaw, then such a use is allowed. Steve Butler, the Building Commissioner, agreed with Mr. Silverstein. Bruce Mojur, a resident of Tom Nevers, spoke against the application. Mr. Mojur believed that this type of use would drastically alter the nature of the neighborhood. Richard Pooler, a resident of Tom Nevers, also spoke against the application. Liz Trillios, a resident of Tom Nevers, expressed concerns about the delivery trucks coming by a residential neighborhood. Gail Huntley, a resident of Tom Nevers, also expressed concerns about the increased traffic because of this proposed business. Jon Trillios, a resident of Tom Nevers, felt that this type of business was too intense for the neighborhood. Attorney Arthur Reade, representing Steven Cohen, argued that this type of business exceeded the bounds of the home occupation bylaw. Brendan Smith, a resident of Tom Nevers, felt that this type of intensity is more appropriate in Old South Road. Dual McIntyre, the president of the Tom Nevers Civic Association, spoke against the application. Lucretia Voigt spoke in favor of the application and to the character of Denise Riseborough. Dix Chevalier, a resident of Tom Nevers, explained to the Board that with the previous ZBA decision, the Board, the Applicant, and the neighborhood were able to negotiate conditions. Claire Seaquist, a resident of Tom Nevers, spoke in favor of the business. John McDermott, a resident of Tom Nevers, informed the Board that he is a commercial landlord downtown and that the commercial trucks are too large for a residential neighborhood. 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile Debra Klinesborne spoke in favor of the application and suggested the Board consider that given the constraints existing in the Bylaw, how large -scale the business could be. Laurie Gilmore, a resident of Tom Nevers, spoke against the application and urged the Board to consider the safety of the residents in the neighborhood. Arnie Seaquist, a resident of Tom Nevers, spoke against the application because approving this type of business would set an unfortunate precedent. Leslie Woodson Snell mentioned that the Planning Board and Board of Selectmen had discussed this appeal at great length and had deliberated whether or not to appeal the issuance of the permit. Attorney Silverstein also discussed the incompleteness of the record because the building department files were never transmitted to the Board of Appeals. The Board deliberated and considered continuing the matter, but Ms. Riseborough asked the Board to make a decision at this hearing. The Board considered the ramifications and the intensity of the use and how it fit within the definition of a home occupation in the Bylaw. A motion was made (McCarthy) and duly seconded to sustain the appeal of the Planning Board /Board of Selectmen and overturn the issuance of the permit issued by the Zoning Enforcement Officer. The vote was 5 -0 in favor (Toole, Koseatac, Botticelli, Poor, McCarthy). Documents Referenced: • Application submitted by The Nantucket Planning Board and Board of Selectmen. VII. Administrator's Report: ■ Discussion of Zoning Administrator responsibilities John Brescher, the Zoning Board of Appeals administrator, asked the Board to appoint him Zoning Administrator and to delegate some of the powers to him. A motion was made (O'Mara) and duly seconded to appoint Mr. Brescher as Zoning Administrator. The vote was 6 -0 in favor (Toole, O'Mara, Botticelli, Koseatac, McCarthy, Poor). A motion was made (Koseatac) and duly seconded to delegate to the Zoning Administrator the powers to determine that any alteration, reconstruction, extension or structural change to a structure does not increase its nonconforming nature, as well as the power to determine if any other alteration in size, shape, boundary, ground coverage, or frontage to a preexisting, nonconforming lot that does not increase an existing or create a new nonconformity is substantially more detrimental to the neighborhood. The vote was 6 -0 in favor (Toole, O'Mara, Botticelli, Koseatac, McCarthy, Poor). VIII. Adjournment A motion was made (McCarthy) and duly seconded to adjourn the hearing at 7:30 pm. 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile