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Home My WebLink About2012-5-10TOWN OF NANTUCKET Z Action Deadline, October 26, 2012. Continued to October 11, 2012. BOARD OF APPEALS -� C_. z NANTUCKET, MA 02554 4 � m ■ 013 -12 Koseatac 2 Chester St /30 N. Water St. Cohen Action Deadline November 12, 2012. Continued to June 14, 2012. Minutes o M < M Thursday, May 10, 2012 z c, cA 12:00 PM 4 Fairgrounds Road M iv Board Members in attendance: Ed Toole, Michael J. O'Mara, Kerim Koseatac, Lisa Botticelli, Mark Poor, Susan McCarthy, and Michael Angelastro. Board Members absent: Dale Waine Staff. John Brescher I. Call to Order: Chairman Toole called the meeting to order at 12:05 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. IIL Approval of the Minutes: A motion was made (O'Mara) and duly seconded to approve the minutes of January 12, 2012, February 15, 2012, and April 12, 2012. The vote was 5 -0 in favor. IV. 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. ■ 080 -11 Seas the Day, LLC 77 Vestal Street Reade Action Deadline September 10, 2012. Continued to June 14, 2012. ■ 007 -12 Winters 147 Main Street Cohen Action Deadline October 7, 2012. Continued to June 14, 2012. ■ 013 -12 Koseatac 2 Chester St /30 N. Water St. Cohen Action Deadline November 12, 2012. Continued to June 14, 2012. ■ 029 -12 Seven Farmer, LLC 7 Farmer Street Alger Action Deadline July 11, 2012. Continued to June 14, 2012. ■ 023 -12 Nantucket Community Sailing 18 Wauwinet Road Reade Action Deadline July 12, 2012. Continued to June 14, 2012. 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile C C C C C C ■ 034 -12 Marmelo, LLC 16 Quince Street Bracken Action Deadline August 8, 2012. Continued to June 14, 2012. V. Old Business: ■ 050 -11 O'Banion 29 Daffodil Lane Glidden Action Deadline May 3, 2012. The Applicant has requested the matter be withdrawn without prejudice. A motion was made ( Botticelli) and duly seconded to allow the withdrawal. The vote was 5 -0 in favor (O'Mara, Toole, Botticelli, Koseatac, McCarthy). ■ 070 -11 Town of Nantucket Action Deadline July 28, 2012. Madaket Road Sinatra The Applicant has requested the matter be withdrawn without prejudice. A motion was made ( Botticelli) and duly seconded to allow the withdrawal. The vote was 5 -0 in favor (O'Mara, Toole, Botticelli, Koseatac, McCarthy). 015 -12 Jaxtimer Action Deadline June 7, 2012. 22 Willard Street D'Elia The Applicant has requested the matter be withdrawn without prejudice. A motion was made ( Botticelli) and duly seconded to allow the withdrawal. The vote was 5 -0 in favor (O'Mara, Toole, Botticelli, Koseatac, McCarthy). ■ 076 -11 Nantucket Housing Authority Surfside Road Singer Action Deadline June 14, 2012. Attorney Andrew Singer represented the Applicant at the hearing. Attorney Singer discussed the materials he had previously submitted to the Board and some of the concerns the Applicant has had. One such concern was the amount for the peer review. Michael O'Mara asked the Applicant to discuss his interpretation of the Amesbury case and what constitutes an uneconomic factor. Attorney Singer explained that Amesbury is useful in understanding the purview of the ZBA during a 40B hearing and what aspects of a 40B project the ZBA should review. The Board and the Applicant then analyzed the proposed site plan. Brian Sullivan, a member of the public, asked about the access issue off of South Shore Road and questioned whether or not the traffic studies were done in the off - season. Ed Marchant, the technical consultant for the ZBA, explained that the focus is on access and line of sight and that the proposed design is the preferred configuration. Kerim Koseatac mentioned that he still has issues with how this project will impact public and traffic safety. 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile C Lisa Botticelli explained that she didn't think any access off South Shore Road would be feasible. Andrew Singer and Chairman Toole agreed that there will be appropriate signage at the bike path, as well an interior sidewalk for the community. The Board came to a consensus on the access and determined that the access off Surfside Road is the most practical. The Board and the Applicant then had a discussion regarding the materials for the sidewalks and curbing. After a lengthy discussion regarding pricing and configurations, the Board asked the Applicant to use concrete sidewalks and concrete curbings. A recess was called at 1:00 pm. The hearing was reconvened at 1:07 pm. The Board and the Applicant then discussed the landscaping plan and how it would fit with the Homeowners Association documents. The Board reviewed the landscaping plan and had no issues with it. The Board then discussed the possibility of basement expansion and the density issue. The Board was split on this matter, with some members thinking basement expansion was reasonable, while others felt the basement expansion would lead to additional bedroom units. Ed Marchant suggested that whatever driveway waivers may be needed, these waivers should be requested on a per -lot basis. Will Willauer, an abutter, asked if the Board realized the Applicants would be going to CPC for additional funding. Mr. Willauer further asked whether or not any of the money allocated at Annual Town Meeting has been spent yet. A motion was made ( Botticelli) and duly seconded to continue the matter to June 14th at noon. The vote was 5 -0 in favor. ■ 020 -12 Toraby 11 Bank Street, Siasconset Palenski Action Deadline June 7, 2012. Paul Palenski represented the Applicant. Mr. Palenski explained to the Board that the Applicant is looking to alter the structure, but will be no closer to the lot line than the existing structure, which is sited as close as 4.4 feet from the lot line. A motion was made (Botticelh) and duly seconded to approve the requested relief. The vote was 5 -0 in favor (Toole, O'Mara, Botticelli, Koseatac, McCarthy). Documents Referenced: • Application submitted by Paul Palenski 026 -12 Featherstonaugh Family QS Trust 63 Surfside Road Ewing Action Deadline July 11, 2012 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 -228 -7298 facsimile V1. Tori Ewing represented the Applicant. Ms. Ewing submitted documents to the Board showing the location of the easement. Ronnie Bamber, an abutter, challenged the rights of the property owner to access the easement and brought documentation to support his claim. A motion was made (Koseatac) and duly seconded to continue the matter to the June 14th hearing to determine whether or not the applicant has the right to access the easement. The vote was 5 -0 in favor. New Business ■ 031 -12 Griswold Action Deadline August 8, 2012. 14 Mayhew Lane D'Elia Attorney Bill Hunter represented the Applicant. Attorney Hunter explained to the Board that the Applicant is requesting a Special Permit in order to alter nonconforming structure by going no further into the setback than where the structure is presently sited and would not increase the nonconforming nature of the structure. A motion was made (Toole) and duly seconded to approve the requested relief. The vote was 5 -0 in favor (Toole, O'Mara, Botticelli, Koseatac, McCarthy). Documents Referenced: Application submitted by Attorney Lori D'Elia 032 -12 Third Point, LLC Action Deadline August 8, 2012. 63 Cliff Road Reade The Applicant has requested the matter be withdrawn without prejudice. A motion was made ( Botticelli) and duly seconded to allow the withdrawal. The vote was 5 -0 in favor (O'Mara, Toole, Botticelli, Koseatac, McCarthy). ■ 033 -12 Gifford, Trustee Action Deadline August 8, 2012 190 Cliff Road Attorney Arthur Reade represented the Applicant. Reade Attorney Reade explained the application to the Board and suggested that the increase in ground cover would be allowable because the property was recently rezoned and made nonconforming as to ground cover ratio. Attorney Reade also asked for the Board to overturn the decision of the Zoning Enforcement Officer and make the finding that only the enclosed area shall be counted for ground cover ratio. A motion was made ( Botticelli) and duly seconded to sustain the appeal and make the determination that only the enclosed areas shall count towards ground cover ratio. The vote was 5 -0 in favor (Toole, O'Mara, Botticelli, Koseatac, McCarthy). Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile A motion was made (O'Mara) and duly seconded to approve the requested relief. The vote was 5 -0 in favor (Toole, O'Mara, Botticelli, Koseatac, McCarthy). Documents Referenced: Application submitted by Attorney Arthur Reade VII. Adjournment A motion was made (Botticelli) and duly seconded to adjourn the hearing at 3:25 pm. 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile