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Home My WebLink About2012-12-13Minutes for December 13, 2012, adopted Jan. 10, 2013 -pNTaC.r oia�� ;9N. ZONING BOARD OF APPEALS ryc(��1 2 Fairgrounds road RECEIVED \ Nantucket, Massachusetts 02554 °9aQgAtEO� www.nantucket- ma.eov 2013 AN 11 P(I 2 49 Commissioners: Ed Toole (Chair), Michael J. O'Mara, Kerim Koseatac, Lisa Botticelli, 4Ar117-P6ffKtysaP0*KaftI5;;K Michael Angelastro, Geoff Thayer --- MINUTES --- Thursday, December 13, 2012 Public Safety Building, 4 Fairgrounds Road, 1° -Floor Conference Room -1:00 p.m Called to order at 1:05 p.m. Staff in attendance: J. Brescher, ZBA Administrator; Marcus Silverstein, Zoning Enforcement; T. Norton, Town Minutes Taker Attending Members : Toole, O'Mara, Koseatac, Botticelli, Poor, McCarthy, Angelastro, Thayer Late Arrivals: Angelasmo 1:09 p.m. Early Departures: O'Mara Agenda adopted by mmimous consent November 8, 2013 Meeting Unanimous consent. to Approve. carried Page 1 of 5 1. 085 -06 Reis 80 Miacomet Avenue Reade C 2. 023 -12 Nantucket Community Sailing 18 Wauwinet Road Reade C 3. 061 -12 Sears 104 Cliff Road Drahzal Sitting O'Mara, Koseatac, Botticelli, Thayer Recused None Documentation File with associated plans, photos and required documentation Representing None Public None Concems Held out of order Motion Automatically continued to January 2013 Vote N/A 4. 065 -12 North Liberty, LLC 15 North Liberty Street Houghton Motion to Accept Withdrawal. (Angelastro) seconded. Carried Unanimously Page 1 of 5 Minutes for December 13, 2012, adopted Jan. 10, 2013 067 -12 DuPont as Applicant 18 Pine Street Glidden Sitting Toole, O'Mara, Koseatac, Poor, McCarthy Recused Thayer, Botticelli, Angelastro Documentation File with associated plans, photos and required documentation Representing Richard Glidden for applicant — Present application. All structures meet the setback. Request increase in ground cover. Public None Concerns No questions from the board. Motion Motion to Approve. ( Koseatac) seconded (Poor). Vote Carried Unanimously 5. 052 -12 21 Broad Street, LLC 21 Broad Street Alger Sitting Toole, O'Mara, Koseatac, Botticelli, Poor, McCarthy, Angelastro, Thayer Recused None Documentation File with associated plans, photos and required documentation Representing Sarah Alger, Sarah F. Alger P.C. — Request continuance. Public None Concerns None Motion None Vote N/A 6. 070 -12 ERF, LLC 108 Cliff Road Alger Sitting O'Mara, Koseatac, Botticelli, Poor, McCarthy Recused Toole, Thayer, Angelastro Documentation File with associated plans, photos and required documentation Representing Sarah Alger, Sarah F. Alger P.C. — Request continuance.. Public John H Perten — Asked for reason for continuance. Concerns Staff explains that to discuss substantive reason for continuance would require opening the hearing. Motion None Vote N/A Page 2 of 5 Minutes for December 13, 2012, adopted Jan. 10, 2013 1. 073 -12 20 Straight Wharf, LLC 20 Straight Whart tiger Sitting O'Mara, Koseatac, Botticelli, Poor, McCarthy Recused Toole, Thayer, Angelastro Documentation File with associated plans, photos and required documentation Representing Sarah Alger, Sarah F. Alger P.C. for applicant — Special permit to alter & extend pre- Public Concerns existing, non - conforming uses. Matt MacEachem, Emeritus Development Public Concerns None O'Mara asked for confirmation that the exterior staircase facing Main Street is being removed. Poor asked why the two parking spaces in front of the building me not included in the parking qualification. Alger stated that it is hard to enforce the parking and so they are Motion not included. Botticelli asked about the air - conditioning units, which presently are on the Vote street. MacEachem stated that a roof walk to support mechanicals is part of the request before the Historic District Commission. Poor stated he would be more comfortable if the was recalculated to include the two on- street parking spots and would prefer the parking mechanicals on a roof walk to clear up non - conformity. Motion Motion to Approve to grant the relief with recalculation of the parking. (Poor) seconded (O'Mara) Vote Carried Unanimously 2. 077 -12 Colella and Dunphy 7 I Street Glidden Sitting O'Mara, Koseatac, Botticelli, McCarthy, Angelastro Recused Toole, Poor, Thayer Documentation File with associated plans, photos and required documentation Representing Richard Glidden, for applicants — Request relief to add second floor to the garage within the setback. Public None Concerns No questions. Motion Motion to Approve relief as requested. ( Angelastro). Seconded (O'Mara) Vote Carried Unanimously 3. 074 -12 Rosenberg and Kolb 7 Gardner Street Self Sitting Toole, O'Mara, Koseatac, Botticelli, McCarthy Recused Poor, Angelastro, Thayer Documentation File with associated plans, photos and required documentation Representing Eric Rosenberg — Request relief to add 2 "d floor within 5 -foot setback at rear of structure. Public Concerns None Review of abutter's letter of concerns. Toole noted that on the plans it looks like the condensers are in the set back and would like a surveyor's plan to ensure they are not or they need to be moved. O'Mara stated that the lot is conforming. Toole stated the belief that the work on the chimney qualifies as normal maintenance. Discussion about the decision: special conditions and attaching the HDC COA number. Motion Motion to Approve to grant relief ( Botticelli). seconded (Koseatac). Vote Carried Unanimously Page 3 of 5 Minutes for December 13, 2012, adopted Jan. 10, 2013 4. 075 -12 NHA as owner, Eyal as Applicant 2 Union Street Self Sitting Toole, Koseatac, Botticelli, McCarthy, Angelastro Recused O'Mara, Thayer, Poor Documentation File with associated plans, photos and required documentation Representing Yaniv Eyal — Request change of use for takeout coffee and pastry, no cooking on site. Public John Little, 9 Union Street, stated he would support a new entrepreneurial business. Concerns Toole would like to see more information as to size of the space, floor plan, hours of Motion operation, seating etc. Board agrees these plans should be in writing and parking Vote requirements. There is a prior concern dated from 1995, which could be a concern. 6. 078 -12 Angelestro was on the board at that time and reviewed the decision which disqualified take Sitting out due to the fact that no parking could be provided. Silverstein, the zoning does not set Motion hours up operation. Motion to Continued to January 2013 (Angelastro) seconded ( Koseatac). Vote Carried Unanimously 5. 076 -12 Johnson as Owner, Ross as Applicantl5 North Water Street Self Sitting Toole, O'Mara, McCarthy, Angelastro, Thayer Recused Koseatac, Botticelli, Poor Documentation File with associated plans, photos and required documentation Representing None Public None Concerns Held out of order Motion Automatically continued to January 2013 Vote N/A 6. 078 -12 Habitat for Humanity 5 Pochick Avenue Glidden Sitting Toole, O'Mara, McCarthy, Angelastro, Thayer - Recused Koseatac, Botticelli, Poor Documentation File with associated plans, photos and required documentation Representing Jessie Glidden — Have Planning Board approval to create two undersized lots, request relief to create lots as buildable. One lot is "market rate" while one lot must be designated affordable housing. Public Concerns None Angelastro stated the belief that because this is a vacation area, there should be no construction between Memorial and Labor Days. Toole did not agree. Glidden pointed out the Habitat construction only takes place on weekends due to the fact it is all volunteer work. McCarthy wants to ensure this is conditioned so that in the future another applicant does not come to the board making the same request. Toole stated that would be part of the relief decision. O'Mara suggested amending motion to include a sharing agreement in regards to the septic and the driveway be attached. Motion Motion to Approve relief as requested due to the fact both units will be units are going to be affordable controlled by Habitat for Humanity in perpetuity and attach sharing agreement. (Angelastro) seconded (McCarthy) Vote Carried Unanimously Page 4 of 5 Minutes for December 13, 2012, adopted Jan. 10, 2013 7. 079 -12 23 Bank Street, LLC 23 Bank Street Glidden Sitting Toole, O'Mara, McCarthy, Angelastro, Thayer Recused Koseatac, Botticelli, Poor Documentation File with associated plans, photos and required documentation Representing Jessie Glidden — Three structures exceed ground cover 31.5. Proposal deletes the garage, renovate the house and move back out to 5 feet from property line; cottage would also be pushed 5.2 away from a travel way that is being used as lawn by the abutter. Public Concerns None Toole stated that there is no plan delineating setback and the stoop in back of the garage could be a problem. Angelastro believes there should be a construction time -frame. Motion Motion to Approve the relief as requested as long as there is no construction between Memorial & Labor Days. (Angelastro) seconded (Thayer). Vote Carried Unanimously 8. 080 -12 Golden Pig, LLC 8 Gull Island Lane Self Sitting Toole, Botticelli, Poor, McCarthy, Thayer Recused O'Mara, Koseatac, Angelastro Documentation File with associated plans, photos and required documentation Representing Mark Forsyth, owner — Request relief for addition on rear; have pre - existing non- conformities on the lot to include a shed on east property line and addition will extend one- foot into rear setback. Public Steve Townsend abutter — Concerned about timber retaining wall constructed by previous owner extending onto our property and overhead lines crossing our property taking utilities to 8 Gull Island Lane. Also noted an apparent expansion of the parking space shown on the Concerns plan. Botticelli stated she would like to see a plot plan with addition dimensions, showing the setbacks, and have exact distances to the plot lines. Toole is concerned about the shed, which is attached to the house and on the lot line; the shed could be stripped off bringing the structure into compliance. There is also an existing retaining wall that would need to be fixed before this board could grant relief in regards to this application. Discussion about construction that extends into the private way. Botticelli stated that the parking area is a clear violation. Toole stated that the applicant came to the ZBA asking for relief and there are existing zoning violations that need to be resolved. He also pointed out that the applicant will also need relief from the ground -cover issue. Poor recalled that there were comments from the abutter about the way the electricity came onto the applicant's property; discussion about obtaining and easement for utilities and the retaining wall. Board would like to look at the shed and see plans with proposed and existing. Discussion with abutter and applicant about moving the utility lines. Motion Motion to Continue to January 2013. ( Botticelli). Seconded (Thayer) Vote 9aT!l�SR!'7!!RlIRlI Carried Unanimously 1. Question about an application with a conforming property change of use with less intensive use; should that be approvable by administration? Board would like to see that. Motion to Adjourn 3:07 p.m. Submitted by: Tent' L. Norton Page 5 of 5