HomeMy WebLinkAbout2013-8-8Minutes for August 8, 2013, adopted Sept. 12
ZONING BOARD OF APPEALS
2 Fairgrounds Road
0 Nantucket, Massachusetts 02554
www.nantucket-ma.gov
Commissioven: Ed Toole (Chair), Lisa Botticelli (Vice chair), Susan McCarthy (Clerk), Michael J. O'Mara, Kerim Koseatac, Mark Poor,
µ MINUTES — Z o
Thursday, August 8, 2013 v
Public Safety Facility, 4 Fairgrounds Road, Community Room — 12:0b.mcO A
Called to order at 12:12 p.m. m � m
Staff in attendance: Leslie Snell, ZBA Interim Administrator; T. Norton, Town Minutes Taker -.0 2
Attending Members: Toole, Botticelli, McCarthy, O'Mara, Poor, Angelastro, Thayer ° 3 C7
f
Late Arrivals: O'Mam 12:14 p.m. Z
Early Departures: Botticelli 1:39 p.m. r N
m
Agenda adopted by unanimous consent
I. June 13, 2013 — Motion to Approve. (made by: Poor) ( seconded by 'I hayerj
2. July 11, 2013 —Motion to Approve. (made by: Poor) (seconded by Thayer)
1. 025 -13 Williams C. and Shiela D Schwab 45 North Liberty Street J. Glidden
Requests zoning relief to increase the groundcover of a pre- existing, non - conforming lot
Sitting Toole, McCarthy, O'Mara, Angelastro
Documentation File with associated plans, photos and required documentation
Representing Jessie Glidden — Reviewed proposal; the lot is undersized. Structure is being increased a total 290 square feet (SF).
Public None
Concerns (12:30) Angelastro — Didn't see anything that would be detrimental to the neighborhood.
Consensus agrees.
Angelastro — If central air conditioning (A/C) is added, it must be to the rear and screened from view. Size of
parking area is to remain the same.
Motion Motion to Grant relief with normal construction limitations. (made by: McCarthy) (seconded by: O'Mam)
Vote Carried unanimously
2. 023 -13
Bridgett Bloise Smith IOC Thirty Acres Lane Smith
Request zoning relief for additional bedrooms within a pre - existing, non - conforming multi- family structure.
Sitting
Toole, Botticelli, O'Mara, Poor
Documentation
File with associated plans, photos and required documentation
Representing
Bridgett Smith — Will wait for the full board
Public
None
Concerns
(12:35) Toole — Explained that with only four sitting members are in attendance a unanimous vote is required for
approval.
Snell — Will require an extension request be signed by the applicant.
Motion
Motion to Continue (without opening the public hearing) to October 10 meeting. (made by: Botticelli)
(seconded by: O'Mam)
Vote
Carried unanimously
Page 1 of 5
Page 2 of 5
Minutes for August 8, 2013, adopted Sept. 12
3. 027 -13
Robert J. Dowsett and Susan E. Halley Manner Street Reade
Requests inning relief to alter a pre - existing, non - conforming structure.
Sitting
N/A
Documentation
N/A
Representing
None
Public
None
Concerns
CONTINUED TO SEPTEMBER 12, 2013
Motion
N/A
Vote
N/A
BUSINESS HL NEW
Janet S. Smith and HC Bowen Smith 26 Pleasant Street Reade
1. 032 -13
Requests zoning
relief to alter and extend a pre- existing, non - conforming residential swimming pool.
Sitting
Toole, McCarthy, Poor, Angelastro, Thayer (Note: Thayer disclosed a financial conflict due to minor work
performed at the site and attempted to recuse from acting on this application. However, conflicts reported by
other Board members resulted the inability of the Applicant to obtain a full board. Attorney Reade stated
that he did not object to Thayer acting on the applicant due to the nature of the work he had completed on the
site in the past. Thayer stated that he could act impartially)
Documentation
File with associated plans, photos and required documentation
Representing
Arthur Result, Reade, Gullicksen, Hanley, Gifford & Cohen LLP — Willing to waive Mr. Thayer's conflict.
Reviewed request for a residential swimming pool in the ROH. New pool will meet all setbacks. Not aware of
opposition from abutters.
Joe Topham — The existing pool is 6 feet deep. It is surrounded by a 5 &1 board fence on a 2 -foot wall.
Public
Concerns
None
(12:14) Poor— Asked for a full set of plans on the table. Asked if HDC approval is in place. (answer: yes)
Angelastro — It is tripling in size and too large; would be more comfortable if the hot tub were removed.
Poor — Surprised at the lack of abutter comments. The volume is much larger than the existing.
McCarthy — It should be smaller.
Thayer — The property is very private in that area.
Angelastro — Wants the motion amended to state the fence will remain in place.
Toole — The A/C needs to be moved. Questioned where the pool equipment is kept.
Topham - All pool equipment will be kept in the basement where it is currently located.
Motion
Motion to Grant relief with the existing board fence to remain, the A/C units removed, and the pool
equipment stored in the basement. (made by: McCarthy) (seconded by: Thayer)
Vote
Carried unanimously
Page 2 of 5
Minutes for August 8, 2013, adopted Sept. 12
2. 037 -13 Beau and Nathan Barber 7 Kelley Road Barber
from that the dwelling and secondary dwelling must have 20% difference in
Requests wring
relief the requirement primary
ground coyer.
Sitting
Toole, Botticelli, O'Mara, Poor, Angelastro
Documentation
File with associated plans, photos and required documentation
Representing
Beau Barber— Would like to lower the profile of the existing house b when moved onto a new foundation. Garage
will be eliminated and structure made more accessible for elderly.
Public
Michael Fee, 12 Kelley Road — Asked how the number of bedrooms would be controlled; concerned about increased
traffic. Asked how to prevent this becoming a precedent for other property owner.
Concerns
(12:40) O'Mara — The intent of the law seemed in be to prevent the same structure built twice on the lot This and
the proposed are significantly different in style.
Discussion about how to address a variance request in the decision.
Toole — Doesn't want to get into this issue with second dwellings because the by -law requirement is there for a
reason; but the existing building is being reduced and in this case the request makes sense.
Poor— Suggested including into the decision that the structure is being used to meet year -round housing needs.
Snell — That would become a difficult enforcement issue. There was discussion about the intent of the by -law: read
the by -law. Asked if conditions should be included to maintain the I -story and 1'/: -story difference in height.
Discussion about writing into the decision that the dwellings be of adequate scale difference, at least 1' /: story for one
dwelling and single story for the other.
Botticelli — The number of bedrooms is controlled by Health and Building regulations.
Discussion about the restrictions referencing the number of floors on each house.
Botticelli — making a motion based on the site and that a structure is being re -used that would otherwise go to the
Motion
dump.
Motion to Grant relief as requested with conditions as discussed. (made by: Botticelli) (seconded by: Angelastro)
Vote
Carried unanimously
3. 038 -13
Don Allen Auto Service, Inc. 10 Polpis Road Weinman
Requests modification of previously granted special permit, including zoning relief to reduce the required open space and
increase the width of the driveway.
Sitting
Toole, Botticelli, O'Mara, Poor, Angelastro, McCarthy
Documentation
File with associated plans, photos and required documentation
Weinman Modification of a granted special permit. When approved, open space calculation
Representing
Rhoda — previously
shown on the plan was 23.7% and the 2 -way driveway width was 24 feet. Reviewed traffic into the inspection station
and perceived problems with the width of the driveway. Open space has been reduced to 16.5% and the applicant is
requesting to keep the driveway width at 31 feet. Feels it is a minor change that enhances the property and pleases
the neighborhood. Contends that lack of compliance with the ZBA approved site plan was not intentional.
Public
Susan McCarthy — Suggested the applicant provide concrete evidence that the width of the driveway is not contrary
to traffic safety.
Concerns
(1:02) Board compared proposed plans to the approved plans.
Poor— Stated that the larger opening enhances the safety feature and improvements have been substantial and
enhances the area of Polpis Road.
O'Mara — Agreed that visually it is much improved.
Botticelli — Stated she is not happy that they disregarded the open -space requirement; they knew what they were
supposed to do and did not do it. Concerned about the message approving this would send to others.
Toole — Expressed frustration that they did not come back when they realized the problem instead of going ahead and
doing the work then applying for the change.
Board members expressed thew frustration with the work having been done with apparent disregard to the approved
plan. Further discussion on the width of the driveway in regards to safety of two -way traffic. Discussion about
securing an engineer to review the plans to assess the safety of traffic.
Motion
Motion to Continue for September 12 meeting pending a discussion with the Town engineer about the egress
situation and the change in percentage of green -space if the rear paving were planted. (made by: Angleastro)
(seconded by: O'Mara)
Vote
Carried unanimously
Page 3 of 5
Minutes for August 8, 2013, adopted Sept. 12
4. 039 -13
Geoffrey Thayer 15 Washington Avenue Alger
Requests zoning relief to alter and extend a pre- existing, non - conforming structure to expand the dwelling and construct an
addition to the front of the structure.
Sitting
Toole, Botticelli, McCarthy, O'Mara, Angelastro
Documentation
File with associated plans, photos and required documentation
Representing
Sarah Alger, Sarah F. Alger P.C. — Explained the proposed project. Ground cover currently is 1265 SF, allowed
Representing
1500 SF. Setback is going from 8.3 to 15.3 feet.
Matt MacEachern, Emeritus Development
Public
None
Concerns
(1:32) No concerns.
Motion
Motion to Grant relief as requested. (made by: Botticelli) (seconded by: Angelastro)
Vote
Carried unanimously
5. 040 -13
Todd and Kathleen Manning 4 A Street Glidden
Requests zoning relief to demolish the existing garage and construct an addition to the pre- existing, non - conforming dwelling.
Sitting
Toole, McCarthy, O'Mara, Poor, Angelastro, Thayer
Documentation
File with associated plans, photos and required documentation
Representing
Jessie Glidden — Total foot print will increase 40 SF and addition no closer to lot line than the structure being
Board is reviewing the proposed construction is the height nonconformity, which is being reduced.
removed. Setback goes back to 2.1 feet.
Motion to Grant relief with no restrictions. (made by: Thayer) (seconded by: Poor)
Carrie Thornewill, Thomewill Design — Essentially changing garage ground cover to living space with a net
Carried unanimously
increase in the protion of the structure located within the setback. More construction will be in the setback but not
closer to the lot line than the current structure.
Public
None
Concerns
(1:39) Poor — Explained the fire code in regards to the wall intruding into the setback.
Discussion about how the project could be made to work while meeting zoning by -laws and building code.
Consensus is that this is an increase in the non - conformity and that is an issue.
Motion
Motion to Continue to September 12 meeting. (made by: Poor) (seconded by: McCarthy)
Vote
Carried unanimously
6. 041 -13
Alexander Davis and Michael Sanover 11 Lincoln Avenue Reade
Requests zoning
relief to alter the location of the existing structure, which will alter the location of the existing height non-
conformity.
Sitting
Toole, McCarthy, Poor, Angelastro, Thayer
Documentation
File with associated plans, photos and required documentation
Representing
Arthur Reade, Beadle, Gullicksen, Hanley, Gifford & Cohen LLP — Moving the house away from the bluff; house
height is 31.4 feet above grade; with the move the overall height is being reduced to 30.9 feet above grade. All else
complies.
Ray Pohl, Botticelli & Pohl — End result will still be above 30 feet but less.
Arthur D. Gasbarro, Blackwell and Associates Inc.
Public
None
Concerns
(1:55) Poor — No concerns.
McCarthy — Would be willing to put the dates on if it is usually imposed in that area.
Discussion about whether or not to attach construction date restrictions.
Snell — Stated that in this case it is reasonable for the Board not to impose the restriction because the only reason the
Board is reviewing the proposed construction is the height nonconformity, which is being reduced.
Motion
Motion to Grant relief with no restrictions. (made by: Thayer) (seconded by: Poor)
Vote
Carried unanimously
Page 4 of 5
Minutes for August 8, 2013, adopted Sept. 12
7. 042 -13
Barbara W. Schweizer 6 Jefferson Avenue Reade
Requests zoning relief to place a new foundation under the existing structure, which will result in a structure height that
exceeds the 30 -foot maximum.
Sitting
Toole, McCarthy, Poor, Angelastro, Thayer
Documentation
File with associated plans, photos and required documentation
Representing
Arthur Reade, Reade, Gullicksen, Hanley, Gifford & Cohen LLP — Height is presently is 29.7 above grade; raising
the first floor above the flood plain will increase that height to 32.5 feet above grade.
John Stover, Stover Engineering —Not going to elevation 10 will affect the owner's ability to get flood insurance
when the new flood levels go into effect. Explained construction details, which result in a slightly higher height than
calculated by to Board.
Public
None
Concerns
(2:05) Poor— Asked why they are going to 10.5 when they could go to 10.1 and not need a variance.
Have the ability to come back in to ask for an extension of exterior construction.
Motion
Move to Grant relief as requested with construction date restrictions. (made by: Angelastro) (seconded by:
Thayer)
Vote
Carried unanimously
8. 043 -13 Douglas P. and Deirdre N. Traynor 13B Willard Street Dale
Requests zoning relief to relocate the existing cottage, raise the cottage to comply with FEMA requirements, and to add a
second story to the cottage within the existing footprint.
Sitting Toole, McCarthy, Poor, Angelastro, Thayer
Documentation File with associated plans, photos and required documentation
Representing Kevin Dale, Vaughan, Dale, Hunter and Beaudette, P.C. — Raising the house to comply with FEMA requirements,
move will comply with setbacks and the applicant proposes adding a second floor. The HDC approval might reduce
the final height above grade. The lot is nonconforming because of the three pre - existing dwelling units. The other
condo - owners have provided written approval for the work.
Arthur D. Gasbarro, Blackwell and Associates Inc.
Public None
Concerns (2:16) Toole —Read the abutter's letter.
Motion Motion to Grant relief as requested with a no construction date restrictions. (made by: Angelastro) (seconded
by: Poor)
Vote Carried unanimously
1. McCarthy asked when the Board would be discussing exterior construction restrictions. Snell — Will put on the October
meeting agenda.
2. Snell reminded the Board they wanted to talk about Warrant Articles; asked for input to have it on September 12 agenda.
3. Discussion about enlarging non - conforming lots to be less non - conforming covered by 139 33A8.
4. Mr. Thayer complimented staff on the new packet format.
Motion to Adjourn: 2:30 p.m. (made by: Angelastro) (seconded by: Thayer) Carried unanimously
Submitted by:
Terry L. Norton
Page 5 of 5