HomeMy WebLinkAbout2012-9-13Commissioners: Ed Toole (Chair), Michael J. O'Mara, Kerim Koseatac, Lisa Botticelli, Mark Poor, Susan McCarthy,
Michael Angelastro, Geoff Thayer
— MINUTES —
Thursday, September 13, 2012
Public Safety Building, 4 Fairgrounds Road, l'` -Floor Conference Room —1:00 p.m.
All or a portion of this meeting is being recorded.
If you plan to record this meeting yourself, please check with the chairman of the board before you begin.
Called to order at 1:00 p.m.
Staff in attendance: J. Brescher, ZBA Administrator; Leslie Snell, Deputy Director of Planning; T. Norton, Town Minutes
Taker
Attending Members: Toole, Koseatac, Botticelli, Poor, McCarthy, Angelastro, Thayer
Absent: O'Mara
Late Arrivals: Angelastro 1:12 p.m.
Early Departures: Toole 2:51 p.m.; McCarthy 3:02 p.m.
Agenda adopted by unanimous consent
APPROVAL 1.
1. August 19, 2012 – Motion to Approve. (Koseatac) seconded carried Unanimously
11. OLD BUSINESS
1. 085 -06 Reis 80 Miacomet Avenue Reade
Continue to October 11.
2. 076 -11
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Toole, Koseatac, Botticelli, Poor
Minutes for September 13, 2012, adopted Oct. 11
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Documentation
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Concerns
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Commissioners: Ed Toole (Chair), Michael J. O'Mara, Kerim Koseatac, Lisa Botticelli, Mark Poor, Susan McCarthy,
Michael Angelastro, Geoff Thayer
— MINUTES —
Thursday, September 13, 2012
Public Safety Building, 4 Fairgrounds Road, l'` -Floor Conference Room —1:00 p.m.
All or a portion of this meeting is being recorded.
If you plan to record this meeting yourself, please check with the chairman of the board before you begin.
Called to order at 1:00 p.m.
Staff in attendance: J. Brescher, ZBA Administrator; Leslie Snell, Deputy Director of Planning; T. Norton, Town Minutes
Taker
Attending Members: Toole, Koseatac, Botticelli, Poor, McCarthy, Angelastro, Thayer
Absent: O'Mara
Late Arrivals: Angelastro 1:12 p.m.
Early Departures: Toole 2:51 p.m.; McCarthy 3:02 p.m.
Agenda adopted by unanimous consent
APPROVAL 1.
1. August 19, 2012 – Motion to Approve. (Koseatac) seconded carried Unanimously
11. OLD BUSINESS
1. 085 -06 Reis 80 Miacomet Avenue Reade
Continue to October 11.
2. 076 -11
Nantucket Housing Authority Surfside Road Singer
Sitting
Toole, Koseatac, Botticelli, Poor
Recused
None
Documentation
File with associated plans, photos and required documentation
Representing
Andrew Singer — Submit final copy.
Public
None
Concerns
HDC waiver, none for site design and layout, issued only for structural design. Date on Condition 5, which reads
"(more than six months ? ?) ", does fit in with other projects and as long as construction is on- going, it isn't really
storage. Need a firmer time limit on the payment of fees; should be paid within 30 or 60 days; Condition 33 refers to
payment of fees. Also need to vote to endorse the subdivision plan as well as yea or nay on the project.
Motion
Motion to Approve the definitive subdivision. (Poor) seconded
Vote
Carried Unanimously
Motion
Motion to Endorse the Comprehensive Program (Poor) seconded
Vote
Carried Unanimously
Page 1 of 5
Minutes for September 13, 2012, adopted Oct. 11
3. 038 -12
Toole 44 Liberty Street Alger
Sitting
Koseatac, Poor, McCarthy (acting chair), Angelastro
Recused
Toole, Botticelli, Thayer
Documentation
File with associated plans, photos and required documentation
Representing
Ray Pohl, Botticelli & Pohl — Request special permit. Review of existing conditions, moving on site closer to Liberty
Street out of the Brock's Court front setback encroachment; after the porch would still encroach but not as much.
Sarah Alger, Sarah F. Alger P.C.
Public
None
Concerns
(1:18) None
Motion
Move to Grant as requested. (Angelastro) seconded
Vote
Carried Unanimously
4. 023 -12
Nantucket Community Sailing 18 Wauwinet Road Reade
Continue to October 11.
5. 044 -12
Schold 24 Codfish Park Beaudette
Continue to October 11.
6. 045 -12
Gebhardt 15 Clifton Street Oliver
Continue to October 11.
7. 047 -12 Tilroe as Owner; Hijjar as applicant 135 Old South Road Self
Sitting Toole, Koseatac, McCarthy, Angelastro, Thayer
Recused Poor
Documentation File with associated plans, photos and required documentation
Representing Melanie Hijjar — Need a total of 10 parking spaces for school. Have seven legal spaces for the school; then there are
tenant spaces that are empty during school hours for people pulling in and out.
Public None
Concerns (1:24) The school is required to have 5 parking spaces in order to open as a recreational facility. Can't see how a use
permit was issued when parking does not conform to the parking by -law. There are not aisles for pedestrians between
the parking spaces. Need to see a scaled plan showing the 9X20 spaces and how drivers can ingress /egress and turn
around. Also need to see the 2 spaces designated for the residents and use of other buildings and how those compute
into the parking spaces.
Motion Motion to Accept the Withdrawal.
Vote Carried Unanimously
Page 2 of 5
Minutes for September 13, 2012, adopted Oct. 11
2. 050 -12 Parsons 80 Old South Road Self
Sitting Toole, Koseatac, Botticelli, Poor, Thayer
Recused Brescher
Documentation File with associated plans, photos and required documentation
Representing Timothy Parsons — Special Permit relief for light manufacturing for the commercial use in a residential structure.
Operate a basket shop out of the basement; but left the basement listed as unfinished. Map shows 8 parking spaces
when 5 are required for the residence and light manufacturing.
Public None
Concerns (2:04) For clarification, parking spaces 1,2,3,4, &6 meet 9X20 and 5 &7 &8 are notes as substandard. Plan should be
updated to show existing screening and delete spaces 5, 7, &8.
Motion Motion to Approve as requested with a new Exhibit A showing the existing privet on the North side and
noting the privet on the East side and mentioned in conditions required parking spaces and dimensions, a
parking table and showing the existing screening. (Botticelli) seconded
Vote Carried Unanimously
3. 051 -12
Sitting
Recused
Documentation
Representing
Public
Concerns
Motion
Vote
Perlman 4 Derrymore Road
Toole, Koseatac, Botticelli, Angelastro, Thayer
Drahzal
Poor
File with associated plans, photos and required documentation
Nancy Drahzal, Structures Unlimited — Non - conforming pre- existing structure with increase in height of walls.
None
(2:15) No concerns from the Board.
Motion to Grant as requested. ( Angelastro) seconded
Carried Unanimously
Page 3 of 5
III. NEW BUSINESS
1. 049 -12
Nantucket Septic Inc. 33 Old South Road Self
Sitting
Toole, Koseatac, Botticelli, Poor, Thayer
Recused
McCarthy, Angelastro,
Documentation
File with associated plans, photos and required documentation
Representing
Rob West. Nantucket Septic Inc. — Mounded septic on commercial site. Portable toilets are stored clean. 4/23/12
issued a Cease and Desist. Conditions of the order have been addressed.
Max Lindquist, Property owner — The 2 "d curb cut is historic access. Everything is portable and everything is clean
amid chain link fences and metal structures. The company serves special events; there is not constant traffic.
Public
Matt Wolf, 4A Youngs Way — This is visual pollution and a blight on the landscape. Witnessed the 2nd curb cut was
brush cut on a Saturday in early spring for access. The Verizon building is screened. Am not convinced outdoor
storage of porto - potties belongs in an R2 District.
Debbie Culbertson, 19 Youngs Way — Do not remember a 2 "d curb cut since the bowling alley days; it seems to have
shown up since the spring. This area is residential /commercial; this business belongs in an industrial use. The old
bowling alley has been screened.
Robert Young, property owner — The property been in family since 1944 and road was built when bowling alley was
put in. The business is unsightly, and a commercial business is using a private way without permits.
Steven Cohen, Reade Gullicksen Hanley & Gifford LLP , works at 6 Youngs Way — IT is not an appropriate
location, but if it is allowed, the board should consider screening to mitigate affect on residents.
Concerns
(1:43) Pumper truck, septic on site; pump out at waste water treatment plant. Should apply for and obtain a 2 "d curb
cut; that is an issue that needs to be cleared up. Question about whether or not Youngs Way is a private road and
does the company have the right to use it. Counting another access from Old South Road, the number of curb cuts
comes to three. Poor would like to see the topography.
Motion
Motion to Continued this hearing and Schedule a site view of the property on October 9 at 9 a.m. (Poor)
seconded
Vote
Carried Unanimously
2. 050 -12 Parsons 80 Old South Road Self
Sitting Toole, Koseatac, Botticelli, Poor, Thayer
Recused Brescher
Documentation File with associated plans, photos and required documentation
Representing Timothy Parsons — Special Permit relief for light manufacturing for the commercial use in a residential structure.
Operate a basket shop out of the basement; but left the basement listed as unfinished. Map shows 8 parking spaces
when 5 are required for the residence and light manufacturing.
Public None
Concerns (2:04) For clarification, parking spaces 1,2,3,4, &6 meet 9X20 and 5 &7 &8 are notes as substandard. Plan should be
updated to show existing screening and delete spaces 5, 7, &8.
Motion Motion to Approve as requested with a new Exhibit A showing the existing privet on the North side and
noting the privet on the East side and mentioned in conditions required parking spaces and dimensions, a
parking table and showing the existing screening. (Botticelli) seconded
Vote Carried Unanimously
3. 051 -12
Sitting
Recused
Documentation
Representing
Public
Concerns
Motion
Vote
Perlman 4 Derrymore Road
Toole, Koseatac, Botticelli, Angelastro, Thayer
Drahzal
Poor
File with associated plans, photos and required documentation
Nancy Drahzal, Structures Unlimited — Non - conforming pre- existing structure with increase in height of walls.
None
(2:15) No concerns from the Board.
Motion to Grant as requested. ( Angelastro) seconded
Carried Unanimously
Page 3 of 5
4. 052 -12
Sitting
Recused
Documentation
Representing
Public
Concerns
Motion
Vote
5. 054 -12
Sitting
Recused
Documentation
Representing
Public
Concerns
Motion
Vote
Minutes for September 13, 2012, adopted Oct. 11
21 Broad Street, LLC 21 Broad Street
Toole, Koseatac, Botticelli, Poor, Thayer
Angelastro
File with associated plans, photos and required documentation
Sarah Alger, Sarah F. Alger P.C. — Request continuance
None
None at this time.
Motion to Continue to October 11. (Botticelli) seconded
Carried Unanimously
Rice and Goldrich 41 Crooked Lane
Toole, Koseatac, Botticelli, Angelastro, Thayer
Alger.
Alger
None
File with associated plans, photos and required documentation
Sarah Alger, Sarah F. Alger P.C. — Request a Special Permit to alter /extend a pre- existing non - conforming structure.
The structure is in the setback but the addition is not.
None
(2:20) None
Motion to Grant the relief as requested. (Angelastro) seconded
Carried Unanimously
6. 055 -12 Fischman, Trustee 84 Centre Street Cohen
Sitting Toole, Botticelli, Poor, Angelastro, Thayer
Recused Koseatac
Documentation File with associated plans, photos and required documentation
Representing Steven Cohen, Reade Gullicksen Hanley & Gifford LLP — Pre - existing, non - conforming in the setbacks; addition
would not be in setback but would exceed the 50 percent ground coverage.
Public None
Concerns (2:27) Concern about closeness to ground coverage and think a basement plan would be beneficial. The language
concerning no exterior construction should be reworded to ensure mitigation of noise from power tools and other
equipment; that new language will be drafted and attached to this decision. Discussion about requiring parking;
consensus is no.
Motion Motion to Approve as submitted with condition of tightened up language in regards no exterior construction
Memorial Day to Labor Day. (Botticelli) seconded
Vote Carried Unanimously
7. 056 -12 Lippincott, Trustees 12 Wanoma Way Hanley
Sitting Toole, Botticelli, Poor, Angelastro, Thayer
Recused Koseatac
Documentation File with associated plans, photos and required documentation
Representing Marion Hanley — Variance to validate going over ground coverage by approximately six feet. Lot size has increased
from 10,000 square feet (SF) to 12,000 SF.
Steve Roethke, S.M. Roethke Design - Information in the Building Department was erroneous and conflicting.
Public None
Concerns (2:41) None
Motion Motion to Grant the relief as requested. (Poor) seconded
Vote Carried Unanimously
Page 4 of 5
Minutes for September 13, 2012, adopted Oct. 11
8. 057 -12
Gierke, Trustee 4 Polliwog Pond Road Glidden
Sitting
Botticelli (acting chair), Poor, McCarthy, Angelastro, Thayer
Recused
Toole
Documentation
File with associated plans, photos and required documentation
Representing
Jessie Glidden — Shed built too close to property line; cleaning up permits.
Public
Nancy Sevrens, abutter — Have had no indication to change the configuration of shed or move it further off the lot
line; presently it sits in close proximity my deck. Would accept moving it 8 feet from the line.
Concerns
(00:53) Lots went from 5000 SF requiring 5 -foot setback to 10,000 SF requiring 10 -foot setback.
Motion
Motion to Grant the relief as requested except moved 8 feet from Southeast property line abutting Sevrens
property. (Angelastro) seconded
Vote
Carried Unanimously
9. 058 -12
Richards and McBournie 6 Gardner Road Halstead
Sitting
Koseatac, Botticelli (acting chair), Poor, Angelastro, Thayer
Recused
None
Documentation
File with associated plans, photos and required documentation
Representing
Patricia Halstead — Seeking relief to add approximately 403 SF of ground cover. Constructed in 1950s, addition in
1960s and shed in 1980s. Screening in a porch.
Frank Daley
Public
None
Concerns
(09:56) Permission for the work needs to be granted through a special permit. Do not feel comfortable about
mathematical error being used as an excuse. Continue and re- notify abutters. Should have a caveat that it always
remain a screened porch and not become habitable space. Would like to see the letter from Town Counsel in this
regard.
Motion
Motion to Continue and renotify abutters with the new ground- coverage percentage noted on the notice.
(Angelastro) seconded
Vote
Carried Unanimously
IV. ADJOURNMENT
Motion to Adjourn at 3:10 ( Koseatac) seconded. Carried Unanimously
Submitted by:
Terry L. Norton
Page 5 of 5