HomeMy WebLinkAbout2013-4-11Minutes for April 11, 2013, adopted May 9
ZONING BOARD OF APPEALS
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Nantucket, Massachusetts 02554 z
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Commissioners: Ed Toole (Chair), Lisa Botticelli (Vice chair), Susan McCarthy (Clerk), Michael 10, a, KWsa KtSletac, Mark Poor,
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Thursday, April 11, 2013 z Co
Public Safety Building, 4 Fairgrounds Road, 1't -Floor Conference porn N :00 P.M.
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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