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HomeMy WebLinkAbout2012-10-11Minutes for October 11, 2012, adopted Nov. 8 z i o Late Arrivals: ZONING BOARD OF APPEALS 2 McCarthy, Angelastro rn 2 Fairgrounds road - ca rn Nantucket, Massachusetts 02554 --- Toole, O'Mara, Koseatac, Botticelli, Thayer ,< www.nantucket - ma.gov Documentation File with associated plans, photos and required documentation rrl o Rick Beaudette, Vaughan, Dale Hunter and Beaudette, P.C. — Lot undersized, house non - conforming. Being z expanded vertically up to 18'4" as well as being moved toward Codfish Park Road. Have arranged to ensure no co r 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 Vote Carried Unanimously 2. 045 -12 Gebhardt (withdrawn) 15 Clifton Street Oliver Sitting Toole, O'Mara, Koseatac, Botticelli, Thayer Recused Poor Documentation File with associated plans, photos and required documentation Representing Vallerie Oliver — request it be withdrawn Public None Concerns None Motion Motion to Withdraw without prejudice.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