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HomeMy WebLinkAbout2013-4-11Minutes for April 11, 2013, adopted May 9 ZONING BOARD OF APPEALS 2 Fairgrounds road z o Nantucket, Massachusetts 02554 z �9'OOgpSEO\ W namucket- ma.eov C m � C, Commissioners: Ed Toole (Chair), Lisa Botticelli (Vice chair), Susan McCarthy (Clerk), Michael 10, a, KWsa KtSletac, Mark Poor, -- MINUTES -- q 3 n Thursday, April 11, 2013 z Co Public Safety Building, 4 Fairgrounds Road, 1't -Floor Conference porn N :00 P.M. m Called to order at 1:05 p.m. Staff in attendance: I Brescher, ZBA Administrator; Marcus Silverstein, Zoning Enforcement Officer; Leslie Woodson Snell, Deputy Director of Planning; T. Norton, Town Minutes Taker Attending Members: Toole, Botticelli, McCarthy, O'Mara, Koseatac, Poor, Thayer Late Arrivals: Botticelli 1:51 to 2:28 p.m. Early Departures: Angelastro Agenda adopted by unanimous consent 1. March 14, 2013 — Motion to Approve. (Koseamc) seconded Carried 4 -0 [L OLD Bt SINESS 1. 061 -12 Sears 104 Cliff Road Drahzal Continued May 9, 2013 2. 009 -13 76 Main Street, LLC 76 & 76R Main Street Alger Continued May 9, 2013 Page 1 of 5 Minutes for April 11, 2013, adopted May 9 BUSINESS 1. 015-13 36 Union Street Realty Trust 36 Union Street Alger Sitting Toole, McCarthy, O'Mara, Koseatac, Thayer Recused Poor Documentation File with associated plans, photos and required documentation. Letter from Ms Williams at the table. Representing Sarah Alger, Sarah F. Alger P.C. — To alter & extend a pre - existing, non - conforming structure by means of a basement and 2 -story addition. The lot is 4675 square feet (SF). On the north side, the structure is set back 1.4 feet and on the west side 3.8 feet. Structure is over 30% of the lot size. The addition meets the setbacks. This lot is in an R -1 zoning area surrounded by ROH; could provide the zoning maps showing that. In response to Ms Williams' letter: the last addition was done during the winter and no complaints were made. The owner ensures damage to the abutter's property will not take place. Most material will be stored in the basement and using small trucks. Assume usual external construction restriction for Memorial Day and Labor Day will be imposed. The owner will be willing to correct damage to the abutter's property. Vehicles can utilize the Town parking lot. Pointed out that the ZBA could issue the special permit. Frederick McClure, 36 Union Street, property owner Public Mary Williams, 36% Union Street — A letter in opposition to the project was not filed in advance of the meeting, read into the record; for the text refer to the file. Concerned that vehicles and dumpsters will end up sitting on her property and causing damaging. Haziel Jackson, Rays Court — Can't imagine Union street being passable with this project going on if the workers and vehicles are not parking on Ms Williams' property. Concerns (1:06)Koseatac — Seems the abutter has valid objections. Toole — The fundamental issue is ground cover and don't see why it should be allowed. When you own in an area where you know what the zoning is, you have to live within those restrictions or get the zoning changed. McCarthy — Asked if the additional 269 SF is where the old deck was located. Toole — The size coupled with the increased ground cover changes the density. O'Mara — Asked Ms Williams to show him on the plot plan where her property is. Williams — Explained how the situation would be detrimental. McClure — Described the parking situation on his lot. There is an easement across Ms Williams' property to allow the McClure's access to the parking in the rear of their property. Toole — It is not in ZBA's prevue to restrict where construction vehicles park. The big problem is the ground-cover issue. Koseatac — Does not want to set precedent with a special permit for the ground cover. Thayer — Agree. Not finding a reason to approve it. O'Mara — Would approve or vote for it but would need a zoning change. McCarthy — If it were ROH, it would not be a problem. Brescher — The ZBA is authorized to allow an increase in ground cover if a structure is pre- existing non- conforming. Motion Motion to Continue for May 9 to allow Ms Alger time to provide the zoning map. ( Koseatac) seconded Vote Carried unanimously Page 2 of 5 Minutes for April 11, 2013, adopted May 9 2. 011 -13 Middle C, LLC 56 Centre Street Philbrick Sitting Botticelli, McCarthy, O'Mara, Koseatac, Poor Recused Toole, Thayer Documentation File with associated plans, photos and required documentation. Plans prepared after fire and photos presented at table. Representing Melissa Philbrick — Relief request to change exterior construction prohibition from May 15 to lane 15 as a result of the fire that set back construction. Work has been progressing well; currently, had to remove the roof, rear shed and 2 -story addition as well as rear wall of original structure have been reframed and sheathed. Hope to be finished with that by end of the month. Cleaners dealing with smoke and water damage inside building; once that is done, a structural engineer has to inspect those areas affected by the fire. The framers are optimistic they can make the May 15 deadline. However, a number of windows were damaged in the course of the tire and firefighting; those are being hand reconstructed. Would like to get those windows in before the summer. The work week is 6 days a week; have not been working on Sundays for the past several weeks. Would accept no work on Sunday as a condition. Expect the roof to be covered if not shingled by the end of this month as well as the handicapped ramp. Suggested willingness to go to Jane 1, but don't want to end up with plywood over the windows; need the structure to be sealed prior to the summer interior work. Public Elizabeth Whalley, 52 Centre Street — Have noticed the change in crews, they are very considerate. When prior extension was granted, projects were started. Concerned they will use the time not to wrap up work but to start new aspects of exterior work. Asked that the focus be on getting the windows installed in the front of the structure. Anne Terry, 5 Gay Street — this has been a nightmare for over year. Presently working 7 -5 and not weekends. Would like that part of the condition. Really want the job done. Ed Bernard, 43 Centre Street — In support of this application. Concerns (1:38) held due to lack of a quorum until Ms Botticelli arrived. (Botticelli arrived 1:51) (1:51) O'Mara — Asked about not working Sundays or holiday weekends. Koseame — With a project of this magnitude, don't we the point of granting the extension into June. Don't want to set precedent of allowing "nearly done" projects to continue into summer. McCarthy — Agrees with Mr. Koseatac. Botticelli — Would like to give them more time. She stated, however, it is possible to install all the wiring and plumbing without having all the windows in. McCarthy — If the extension is not allowed, the noise from interior work will not be mitigated. Discussion about allowing an extension to Thursday, May 24, before Memorial Day weekend but no construction over the holiday weekend versus into the early weeks of June. Poor — Have an opportunity to look at this again at the May 9 meeting when they are closer to completion of installation of the windows. Mr. Poor volunteered to be a point of contact as a representative of the board for the neighbors. Discussion on the 1" motion. Neighbors have the cell number of the site supervisor. I' Motion Motion to extend the deadline on exterior work to May 31 with no work on Memorial Day weekend between Friday 5 p.m. and Tuesday 7 a.m. and no work at all on Thursday July 4 through the following Sunday and Sundays. (O'Mara) seconded 10 Vote 3- 2/McCarthy and Koseaac opposed. 2 "d Motion Motion to approve a modification to the special permit granted in Decision No. 041 -11: to extend the construction deadline to May 22 °d with the conditions as discussed regarding interior work prohibitions on Sunday, no work over Memorial Day or July 41h weekends, and keeping interior work interior to the structure. (O'Mara) seconded 2nd Vote Carried 4- 1/Koseatac opposed 3. 012 -13 Brian T. Ryder 12 Mary Ann Drive Self Continued May 9, 2013 Page 3 of 5 Minutes for April 11, 2013, adopted May 9 4. 013 -13 E.M.R.E., Corp. 7 South Water Street Fitzgerald Sitting Toole, McCarthy, Koseatac, Poor, Angelastro, Thayer Recused O'Mara Documentation File with associated plans, photos and required documentation Representing Julie Fitzgerald — Portion of the restaurant space proposed to be converted to retail. The opening between the two spaces will be closed off and there is no increase in parking requirements. Public None Concerns (1:41) No concerns. Motion Motion to Approve as requested. (Koseatac) seconded Vote Carried unanimously 5. 014 -13 DeAngelis 109 Baxter Road Glidden Sitting Toole, McCarthy, O'Mara, Koseatac, Thayer Recused None Documentation File with associated plans, photos and required documentation Representing Richard Glidden — Requesting a variance to move the house forward. In October there was 42 feet from deck to bank; now there is 6 feet and the house cannot be occupied. If the house moves as far north as possible, it will provide 5 for 6 years of use. Setback could include 3 feet of an unused road. It could be picked up and moved, but it could not be set onto the foundation until permits are granted. Public None Concerns (2:28) McCarthy — Okay with this. O'Mara — Asked Mr. Silverstein if the structure . could be moved without a permit under emergency situation. Silverstein — That is under the jurisdiction of the Building Commissioner. Toole — 5 on front and 3 on the side. Think it reasonable to restrict to the normal dates for construction. O'Mara — Could be dangerous with kids there in the summer. Discussion about possibility of dangers and restrictions on construction. O'Mara — Would suspect Baxter Road would be shut down before erosion gets within 5 feet of the road. Motion Motion to grant the relief with 5 feet on the front and 3 feet on the side with the standard date restriction for exterior construction and the lot perimeter fenced for security. (O'Mara) seconded Vote Carried unanimously 6. 016 -13 Mossinger 45 Surfside Road Self Withdrawal request Page 4 of 5 Minutes for April 11, 2013, adopted May 9 7. 017 -13 Kumin 31 Sheep Pond Road Williams Sitting Toole, McCarthy, O'Mara, Koseatac, Poor Recused Thayer Documentation File with associated plans, photos and required documentation Representing Linda Williams — Suffered erosion; structure was moved in December to another lot. The house to the south is on supports on the neighbor's property. Kumin plans to move small house onto second property, purchase remainder of Miller property and move utilities as well. Asked for a building envelope rather than establishing a specific building location. A combination of the two properties will make it less non - conforming. Public None Concerns (1:47) Toole — Not comfortable with going to a 0 set back. Would be more comfortable going 5 &5. Poor — Have a duty to provide relief for this property owner. If they get closer than 3 feet to the property line, however, they can't have windows. Would be willing to give them 3 & 3. Toole — Will need a new plan showing the new envelop. Motion Motion to grant relief so that the building envelop is no closer than 3 feet to the north and west boundaries. (Poor) seconded. Vote Carved unanimously 1. 016 -13 45 Surfside Road. Discussion regarding waiving a future application fee. Board determined that should be considered when and if a new application is submitted. Motion to accept the withdrawal without prejudice. (O'Mara) seconded Carried unanimously 2. Mr. Brescher's departure: Board thanked him for his service. At The Breeze at 4:45 on Friday going away adieu for Mr. Brescher. Need to appoint an interim zoning administrator: Motion to appoint Leslie Snell as the Interim Zoning Administrator with an indefinite term. (Koseatac) seconded. Carried unanimously Next Motion to Adjourn: 2:49 p.m. Submitted by: Terry L. Norton Page 5 of 5