HomeMy WebLinkAboutZoning Board of Appeals Meeting Minutes, October 19, 2007_201402050842191738 TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
NANTUCKET, MA 02554
Minutes
Friday, October 19, 2007
1:00 PM
2 Fairgrounds Road
Conference Room
Board: Michael O’Mara, Dale Waine, David Wiley, Burr Tupper, Lisa Botticelli and Kerim Koseatac
(Arrived at 1:10P.M.)
Staff: Leslie Woodson Snell, Thomas Broadrick, and Catherine Ancero
I. Call to Order:
Chairman Michael O’Mara called the meeting to order at 1:00 P.M.
II. Approval of the Agenda:
A motion was made to approve the agenda, duly seconded and voted 5-0.
III. Old Business
▪ 085-06 Reis 80 Miacomet Avenue Reade C
Action Deadline March 28, 2008, Continued to February 8, 2008
Dale Waine abstained. A motion was made to continue this application, duly seconded and
voted 4-0 in favor.
▪ 030-07 Burnham 12½ Sherburne Turnpike Reade C
Action Deadline March 28, 2008, Continued to February 8, 2008
A motion was made to continue this application, duly seconded and voted 5-0 in favor.
▪ 047-07 Holdgate Partners Bernard Valley Road Hunter C
Action Deadline December 28, 2007
A motion was made to continue this application, duly seconded and voted 5-0 in
favor.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
▪ 054-07 Nantucket Hunt. Assoc. Madequesham Valley Road Avery
Action Deadline November 30, 2007
Representing: Alison Zieff. The applicant is requesting to create and operate a nonprofit
recreational shooting and archery facility with three open outdoor recreational areas on
the premises (pistol and rifle range, with an ancillary bathroom structure and parking
area; a skeet shooting range with ancillary sheds and one trap house; and an archery
range, with an ancillary storage shed with an ancillary parking area provided to serve the
skeet shooting). The parcel has 560 feet of unimproved frontage on Old South Road and
about 1,300 feet of unimproved frontage on Hinsdale Road.
Issues discussed:
Restriction types
Membership numbers
Adequate Signs
Type of fencing on property
Type of courses that will be given (ex: orientation course)
Gun Permits
Range Safety
Hours of Operation
Access (secondary means of access and road improvements)
Noise consultant
Police Chief Bill Pittman expressed the need to use the range for the Police
Department and discussed the benefits of the proposal.
A motion was made to continue this application to November 1, 2007 at 1:00 P.M., duly
seconded and voted 5-0 in favor.
IV. New Business
081-07 Rowe 36 York Street Hunter
Action Deadline January 17, 2008
Representing: Rick Boudette. The applicant is proposing to demolish and rebuild a single
family dwelling in order to increase the interior living space also the applicant proposes to
modify conditions c, d, and e in Paragraph 5 which will allow the reconstructed rear “el”
to be used as an attached separate dwelling unit.
Chairman O’Mara opened the floor to the public, many abutters voiced their concerns
both in favor and opposed. A motion was made to approve the proposal, duly seconded
and voted 5-0 in favor.
▪ 087-07 Barrett 21 Somerset Road Cohen
Action Deadline December 28, 2007
Representing: Steve Cohen and Arthur Reade. The applicant is appealing the Notice of
Zoning Code violation and Order to Cease, Desist and Abate issued by the Zoning
Enforcement Officer (“ZEO”) that was dated June 19, 2007. The ZEO determined that a
new commercial use (trucking and excavation company) exists on the premises which is
within the Residential-2 (R-2) zoning district. The applicant stated that the property is
grandfathered and that the property is also being used for other commercial uses such as
vehicle repair and repairing, servicing, and storing buses that are used for tour and charter
company business. The applicant is requesting relief by Special Permit to the Zoning
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
Bylaw Section 139-33A (alteration, expansion of a pre-existing nonconforming
use/structure) to validate any expansion or alteration on the property.
Chairman O’Mara opened the floor to the public, many abutters voiced their concerns
both in favor and opposed. A motion was made to continue this application to November
1, 2007 at 2:00PM at said property for a site viewing, duly seconded and voted 5-0 in favor.
090-07 Lewis 48 Nobadeer Farm Road Halstead
Action Deadline January 17, 2008
Representing: Patricia Halsted, Durvan Lewis, Maria S. Henry-Lewis. The applicant is
seeking relief by Special Permit pursuant to Nantucket Zoning By-law Section 139-
9B(2)(a) for light manufacturing; 139-B(2)(b) for storage and warehousing; 139-B(2)(c)
for fabrication and assembly of component parts for off-site construction or use; and
139-20 waiving the loading zone requirement.
Chairman O’Mara opened the floor to the public. Many abutters voiced their concerns
such as:
Applicant needs Certificate of Water Compliance to receive Building Permit
Will screening be placed on abutting properties and parking spaces
Hours of Operation
A motion was made to approve this application, duly seconded and voted 5-0 in favor.
091-07 Rovinski 21 New Street Hanley
Action Deadline January 17, 2008
Representing: Marianne Hanley and Nathan McMullan. Mr. Wiley commented that in the
past he worked with Mr. Rovinski; however, it will not be a conflict of interest. The
applicant is proposing to alter the existing nonconforming dwelling through Special
Permit pursuant to Zoning By-law section 139-33 for preexisting, nonconforming uses,
structures, and lots.
Chairman O’Mara opened the floor to the public. No comments were made. A motion was
made to approve the application, duly seconded and voted 0-5. The application was
denied.
▪ 092-07 DiVenere 21 Mill Street Reade
Action Deadline January 17, 2008
Representing: Arthur Reade. Dale Waine left the meeting at this time. The applicant is
proposing to alter the existing nonconforming dwelling through Special Permit pursuant
to Zoning By-law section 139-33 for preexisting, nonconforming uses, structures, and lots.
Mickey Rowland showed ZBA plans.
Chairman O’Mara opened the floor to the public. No comments were made. A motion was
made to continue this application to November 16, 2007, duly seconded and voted 5-0 in
favor.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
▪ 093-07 Simeonov 18 New Street Beaudette
Action Deadline January 17, 2008
Representing: Rick Beaudette. A motion was made to continue this application to
November 16, 2007, duly seconded and voted 5-0 in favor.
▪ 094-07 Fisher 7 W. Miacomet Road Guay
Action Deadline January 17, 2008
Representing: Joseph Guay and Charles Fisher. The applicant is proposing a variance
pursuant to Zoning By-law section 139-16A (intensity regulations), to construct a garage.
Chairman O’Mara opened the floor to the public. No comments were made. A motion
was made to approve the application with conditions as discussed, duly seconded and
voted 5-0 in favor.
▪ 095-07 Cooper 20 Baxter Road Thorsen
Action Deadline January 17, 2008
Representing: Marianne Hanley and Barry Cooper. The applicant is proposing to alter
the existing nonconforming dwelling by Special Permit pursuant to Zoning By-law
section 139-33 for preexisting, nonconforming uses, structures, and lots. Applicant is
also proposing to change the existing roof so that the garage may be converted to a
second dwelling.
Chairman O’Mara opened the floor to the public. No comments were made. A motion
was made to approve the application with conditions as discussed, duly seconded and
voted 5-0 in favor.
Mr. Waine left ZBA meeting at 3:40 P.M.
VII. Other Business
031-07 Bernard 8 Jefferson Lane Reade
Technical correction of a previously endorsed decision
There was a brief discussion of the decision. A motion was made to approve the
technical correction as discussed, duly seconded and voted 5-0 in favor.
VIII. Adjournment:
A motion was made to adjourn the meeting at 4:45 P.M.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile