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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 Z D No �--' Toole, Koseatac, Botticelli, Poor Minutes for September 13, 2012, adopted Oct. 11 c Documentation File with associated plans, photos and required documentation Representing C-) --i None Concerns 7'- M tv s M c7 ZONING BOARD OF APPEALS o M < 2 Fairgrounds Road z Vote o Nantucket, Massachusetts 02554 n cry Carried Unanimously www.nantucket -ma. og_v r m C�J ca 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