HomeMy WebLinkAbout2012-10-11Minutes for October 11, 2012, adopted Nov. 8
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Late Arrivals:
ZONING BOARD OF APPEALS
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McCarthy, Angelastro
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2 Fairgrounds road
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Nantucket, Massachusetts 02554
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Toole, O'Mara, Koseatac, Botticelli, Thayer
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www.nantucket - ma.gov
Documentation
File with associated plans, photos and required documentation
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Rick Beaudette, Vaughan, Dale Hunter and Beaudette, P.C. — Lot undersized, house non - conforming. Being
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expanded vertically up to 18'4" as well as being moved toward Codfish Park Road. Have arranged to ensure no
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Commissioners: Ed Toole (Chair), Michael J. O'Mara, Kerim Koseatac, Lisa Botticelli, Mark Poor, pan Wivarthy,
Michael Angelastro, Geoff Thayer _-,C
— MINUTES —
Thursday, October 11, 2012
Public Safety Building, 4 Fairgrounds Road, 15t -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; M. Silverstein, Zoning Enforcement Officer
Attending Members: Toole, O'Mara, Koseatac, Botticelli, Poor, Thayer
Late Arrivals:
Poor
Early Departures:
McCarthy, Angelastro
Agenda adopted by unanimous consent
1. APPROVAL
OF MINUTES
1. September 18, 2012 – Motion to Approve. (Botticelli) seconded Carried Unanimously
11. OLD BUSINESS
1. 044 -12
Schold 24 Codfish Park Beaudette
Sitting
Toole, O'Mara, Koseatac, Botticelli, Thayer
Recused
Poor
Documentation
File with associated plans, photos and required documentation
Representing
Rick Beaudette, Vaughan, Dale Hunter and Beaudette, P.C. — Lot undersized, house non - conforming. Being
expanded vertically up to 18'4" as well as being moved toward Codfish Park Road. Have arranged to ensure no
exterior construction during the summer.
Public
None
Concerns
None
Motion
Motion to Approve with stipulation no exterior construction or operating of power tools from Memorial Day
to Labor Day. (Koseatac) seconded.
Vote
Carried Unanimously
2. 045 -12
Gebhardt (withdrawn) 15 Clifton Street Oliver
Sitting
Toole, O'Mara, Koseatac, Botticelli, Thayer
Recused
Poor
Documentation
File with associated plans, photos and required documentation
Representing
Vallerie Oliver — request it be withdrawn
Public
None
Concerns
None
Motion
Motion to Withdraw without prejudice. Made and seconded
Vote
Carried Unanimously
Page 1 of 5
Minutes for October 11, 2012, adopted Nov. 8
3. 049 -12
Nantucket Septic Inc. 33 Old South Road Self
Sitting
Toole, Koseatac, Botticelli, Poor, Thayer
Recused
O'Mara
Documentation
File with associated plans, photos and required documentation
Representing
Matt Lindquist, 33 Old South Road — Everything comes back to the site clean. This is RC -2. Have not heard any
negative comments from immediate abutters. What is going on there is well within the law and zoning.
Public
Steven Cohen, Reade Gullicksen Hanley & Gifford LLP — Asked if there are other commercial uses on this property
that would exceed MCD? On a three -acre lot, there is space to place the porto johns so as not to be visible by
neighbors or be screened. This Board has the ability to prohibit access along certain ways. There are ways this board
can make this less of a visual nuisance.
Chris Scott, Youngs Way — Believe this belongs in an industrial area.
Matt Wolf, 4A Youngs Way — They are visual pollution and don't belong there. A similar project on Young's Way
was denied due to inability to create interior storage of the porto johns.
Timmy Lonergan, 4C Youngs Way — These should be stored interior or moved elsewhere.
Concerns
Whether or not this is a public or private road is an issue. The area is roughly 10,000- 12,000 square feet (SF) which
puts the project into a Major Commercial Development (MCD) threshold. Definition for MCD read. If this Board
were to approve this, it would not be approving the access; further steps would have to be taken on the part of the
applicant to ensure access is legal. (2- minute recess.) Area as it stands now is well in excess of 10,000 feet; the
argument is that only the square footage of items being stored needs to be counted. Applicant is willing to restrict
storage to less than 5000 SF. Poor — Concerns are access and screening. Want to ensure via the 1998, 2003 & 2007
aerials that there was an access point already there. This area would have to be defined as less than 5000 SF before a
decision is made. Thayer — This is something that is needed; if it does go forward, it must be screened. Don't
particularly like where the access is located, which brings the porto johns into full view. Koseatac — The difference
between this and what was seen before is this has no cover. Mr. Poor has good points about access and screening.
Botticelli — Agrees with what has been said. Toole — The problem with plant screening is waiting for it to grow.
HDC restricts fence height at 6 feet and these require an 8 -foot fence. Access issue needs to be cleared up on a legal
basis. Would have to cover capping the maximum number of units stored on site, no cleaning on site, cleaning items
that are stored in the johns needs to be cleared up.
Discussion about type of screening and defining the 4,999 SF.
Motion
Motion to Continue to November 8. (Botticelli) seconded.
Vote
Carried Unanimously
4. 052 -12
21 Broad Street LLC 21 Broad Street Alger
Sitting
Toole, O'Mara, Koseatac, Botticelli, Poor, Thayer
Recused
Documentation
File with associated plans, photos and required documentation
Representing
Sarah Alger, Sarah F. Alger P.C. — Nesbitt Inn expand existing guesthouse by adding bathrooms to each room and
adding an additional guestroom and increasing size of apartments by adding bedrooms. Parking is increased from
nine to 11, but is non - conforming as it is shared with the neighbor. Agree to no exterior construction during the
summer, to chute things out the window, no exterior speakers, and no commercial kitchen.
Matt MacEachern, Emeritus Development
Public
Steven Cohen, Reade Gullicksen Hanley & Gifford LLP — The Board should exercise rules to protect neighbors from
on -going construction; size of the rear addition extends to zero -set back. Would like something to limit noise during
demolition work. Consider a site staging plan since it is a small lot so as not to block Broad Street in the winter.
Boards should inquire into work on foundation to limit heavy machinery. Need a condition that the dwellings not be
used for commercial purposes such as short-term rentals. Also, 2 -story exterior staircases increase the noise
disturbance.
Concerns
Toole — This is a 33- percent increase in the number of bedrooms. Botticelli — Building up to the property line makes
no sense.
Motion
Motion to Continued this hearing to November 8 and Schedule a site view of the property on October 30 at
noon. Made and seconded
Vote
Carried Unanimously
Page 2 of 5
Minutes for October 11, 2012, adopted Nov. 8
5. 063 -12 Alger, Trustee 17 Massachusetts Avenue Alger
Sitting Toole, O'Mara, Koseatac, Botticelli, Thayer
Recused Poor
Documentation File with associated plans, photos and required documentation
Representing Sarah Alger, Sarah F. Alger P.C. — Pre - existing, non - conforming lot with two pre- existing non - conforming
structures. The lot was R -2, rezoned to VR (Village residential).
Public None
Concerns Botticelli — Would like to have the dimensions that it will be going to noted. Toole — Want to be able to read the
plans.
Motion Motion to Approve Relief as requested with approved HDC plans entered into decision and site and structure
dimensions attached. Made and seconded
Vote Carried Unanimously
6. 085 -06 Reis 80 Miacomet Avenue Reade
Continued
7. 023 -12 Nantucket Community Sailing 18 Wauwinet Road Reade
Continued
Ill. NEW BUSINESS
1. 059-12
Lynch as Owner; Mack as Applicant 3 Newtown Road Self
Sitting
O'Mara, Koseatac, Botticelli (acting), Poor, Thayer
Recused
Toole
Documentation
File with associated plans, photos and required documentation
Representing
Kathy Mack — Dog Day Care for about 5 to 7 dogs, including two belonging to Ms Mack, with fenced in yard,
parking and interior room. No over -night boarding, holidays or weekends and no grooming.
Public
Val Oliver, 3R Newtown Road — Direct abutter and know that Ms Mack is conscientious about barking dogs.
Elizabeth Cody, 5 Newtown Road — Abutter and object due to the noise nuisance in a close neighborhood and well
abuts the Mack driveway and concerned about proximity to the possibility of dog feces.
Steven Cohen, Reade Gullicksen Hanley & Gifford LLP
Concerns
Two letters of objection in regards to noise from barking. Only thing in the bylaws that addresses dogs is kennels;
this would be regarded as a personal service. Noise is a concern for that neighborhood. Nine dogs could be a massive
disaster, would have to limit the number. Perhaps could start on trial basis with a smaller number of dogs; this allows
the board to revoke the permit. Start off with no more than 3 additional dogs and the trial basis to last one year; if all
goes well, Ms Mack can request more dogs. Ms Cody can call Mr. Silverstein if there is a problem.
Motion
Motion to Allow applicant to have no more than 5 dogs, including her own, between 7 a.m. and 5 p.m. this for
one year starting from the recorded date and include in the decision a copy of the letter submitted to ZBA.
Made seconded.
Vote
Carried Unanimously
2. 060 -12 Pomeranz 38 Pine Street Cohen
Sitting Toole, O'Mara, Koseatac, Poor, Thayer
Recused Botticell
Documentation File with associated plans, photos and required documentation
Representing Steven Cohen, Reade Gullicksen Hanley & Gifford LLP — Pre - existing non - conforming structure, adding ground
cover and adding '/2 story with dormers to a single -story ell.
Public None
Concerns Air Condition units (A/C) can't go into the set back. Need to protect neighbor's property during foundation work.
Motion Motion to Grant the Relief as requested with stipulation no exterior construction or operating of power tools
from Memorial Day to Labor Day and A/C relocated out of the setback the neighbor's property will be
protected from erosion during installation of the foundation. Made seconded
Vote Carried Unanimously
Page 3 of 5
Minutes for October 11, 2012, adopted Nov. 8
3. 061 -12
Sears 104 Cliff Road Drahzal
Sitting
O'Mara, Koseatac, Botticelli, Poor, Thayer
Recused
Toole
Documentation
File with associated plans, photos and required documentation
Representing
John Drahzal
Public
None
Concerns
Brescher — After review of the application, realized that it not an extension of a pre- existing non - conforming
structure but a new shed. As it is actually a variance, it should be re- noticed.
Motion
Motion to Continue to November 8. Made and seconded
Vote
Carried Unanimously
4. 062 -12 Hunter, Trustee 15 Fulling Mill Road Hunter
Sitting Toole, O'Mara, Koseatac, Poor, Thayer
Recused Botticelli,
Documentation File with associated plans, photos and required documentation
Representing Bill Hunter, Vaughan, Dale and Hunter and Beaudette, P.C. — Removed a cottage out of wetlands but built a new one
in the front yard setback. Need a ruling on whether or not the structure is in the setback and if it is request a waiver.
Jeff Blackwell, Blackwell and Associates Inc
Public None
Concerns Discussion about Fulling Mill Road in regards to the definition of front -yard.
Motion Motion to Grant Special Permit Relief. Made and seconded
Vote Carried Unanimously
5. 058 -12
Richards and McBournie 6 Gardner Road Halstead
Sitting
O'Mara, Koseatac, Botticelli (acting), Poor, Thayer
Recused
Toole,
Documentation
File with associated plans, photos and required documentation
Representing
Patricia Halstead — Main dwelling was pre - existing but an addition of 300 SF in 1996 put it over ground cover.
Application is to build two 1 -story additions totaling 99 SF and a 334 SF enclosed porch. Also would like existing
ground cover validated.
Frank Daley
Public
None
Concerns
In this case, alteration is to a non - compliant structure. There is a benefit to keeping it all one -story rather than
increasing to a 2 -story structure. If the shed were removed, that would remove 132 SF of ground cover. An open
porch would not count as ground cover. A valid permit was issued and a Certificate of Occupancy granted in regards
to the 1996 addition. Some Board members feel they could issue a variance for an un- enclosed porch. Some Board
members feel they could not grant variance.
Motion
Motion to Grant Variance Relief to validate the existing ground cover of the property at 7.4 percent and Move
to Permit removal of shed in favor of the proposed expansion of 68 SF and 31 SF additions and removal of
small piece at side of building and further proposed 334 SF addition be an un- enclosed porch and therefore
would not constitute any additional ground cover and applicant foregoes ability to build a zoning shed of 120
SF. Made and seconded
Vote
Carried Unanimously
6. 064 -12
Sitting
Recused
Documentation
Representing
Public
Concerns
Motion
Vote
Remar and Greenhoold 9 Meadow Lane
Toole, O'Mara, Koseatac, Botticelli, Poor, Thayer
Halstead
File with associated plans, photos and required documentation
Patricia Halstead — Dwelling was existing, built an addition then got variance relief to build a garage. In August
received approval to convert the garage into living space. Want to add two open decks out of the setback.
None
None
Motion to Approve waiver as requested. ( Botticelli) seconded
Carried Unanimously
Page 4 of 5
Minutes for October 11, 2012, adopted Nov. 8
7. 065 -12 Tilroe as Owner; Hajjar as Applicant 135 Old South Road Self
Continued
IV. ADJOURNMENT
Motion to Adjourn: 4:14 p.m.
Submitted by:
Terry L. Norton
Page 5 of 5