HomeMy WebLinkAboutZoning Board of Appeals Meeting Minutes, December 11, 2008_201402050842124394 TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
Minutes
Thursday, December 11, 2008
1:00 PM
2 Fairgrounds Road
Board Members in attendance: Michael J. O’Mara, Ed Toole, Lisa Botticelli, Kerim Koseatac, Burr Tupper, Carol
Cross, and Mark Poor.
Staff: John Brescher and Venessa Moore
I. Call to Order:
Chairman Michael O’Mara called the meeting to order at 1:05 P.M.
II. Approval of the Agenda
A motion was made (Toole) and duly seconded to approve the agenda. The vote was 5-0 in favor.
III. Approval of the Minutes
A motion was made (Toole) and duly seconded to approve the Minutes (November 11, 2008). The
vote was 5-0 in favor.
IV. Other Business
Chairman O’Mara requested a moment of silence to honor the passing of Neil D. Parent.
Attorney Richard Glidden requested a six (6) month extension for 18 Rabbit Run Road. The
Applicants had not yet activated their Special Permit and duly requested an extension so that they
may activate said Special Permit.
A motion was made (Toole) and duly seconded to grant the requested extension. The vote was 5-
0 in favor.
V. Old Business
085-06 Reis 80 Miacomet Avenue Reade C
Action Deadline March 26, 2009. Continued to March 13, 2009
030-07 Burnham 12½ Sherburne Turnpike Reade C
Action Deadline March 26, 2009. Continued to March 13, 2009
033-08 Tetawkimmo Comm. Assoc. Tr. Barnard Valley Rd. Philbrick C
Action Deadline January 23, 2009. Continued to January 8, 2009.
034-08 Longfin, LLC Barnard Valley Rd. Hunter C
Action Deadline January 23, 2009. Continued to January 8, 2009.
2 Fairgrounds Road Nantucket Massachusetts 02554
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035-08 Longfin, LLC Barnard Valley Rd. Hunter C
Action Deadline January 23, 2009. Continued to January 8, 2009.
68-08 Jebel, LLC 39/41 Hulbert Ave Reade
Action Deadline January 9, 2009.
Attorney Arthur Reade spoke on behalf of the Applicants.
At the last meeting, the Board requested a copy of updated plans. Attorney Reade
provided these plans and the Board subsequently reviewed them.
A motion was made (Koseatac) and duly seconded to approve the requested relief. The
vote was 5-0 in favor.
VI. New Business
058-08 Aslansan 1 Brock’s Court Zieff C
Action Deadline December 11, 2008. Continued to January 8, 2009.
054-08 Roche 15 Trotters Lane Self C
Action Deadline December 11, 2008.
A motion was made (Koseatac) and duly seconded to approve the requested withdrawal.
The vote was 5-0 in favor.
074-08 Barrett 21 Somerset Road Cohen
Action Deadline March 11, 2009.
Attorney Steven Cohen spoke on behalf of the Applicant.
Attorney Cohen noted that this is an appeal from the Order to Cease, Desist, and Abate
issued by the Zoning Enforcement Officer. The particulars of this Order stated that there
has been an unpermitted expansion of the trucking and excavation business without the
benefit of a Special Permit. Attorney Cohen reminded the Board that they had heard
testimony regarding this application for the last few months on a different appeal.
Attorney Cohen also indicated that it is a point of contention if the Zoning Enforcement
Officer has the authority to issue such an Order.
Marcus Silverstein, the Zoning Enforcement Officer, noted that he does in fact have the
authority to issue Orders such as these.
Attorney Cohen suggested that this Order should be a judicial matter and that it would
help if the Order had more detail to it so that he may better understand how the
Applicants have had an unpermitted expansion.
Burr Tupper noted that he had previously sat on these applications and was wondering
what should be used as a benchmark.
Attorney Cohen suggested that the benchmark should be 1972, which is when the Zoning
Bylaw was enacted. Attorney Cohen also stated that there are certain activities the Barrett
property has always been used for.
Ed Toole, the sitting chairman for this application, clarified that the only issue before the
Board is whether or not there is an unpermitted expansion of the trucking use.
2 Fairgrounds Road Nantucket Massachusetts 02554
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Burr Tupper requested a more concrete definition of “trucking” so that they may be better
able to determine whether or not there has been an unpermitted expansion.
Attorney Melissa Philbrick spoke on behalf of the abutters. Attorney Philbrick reminded
the Board that the last time the Applicants were before the Board, the Board was looking
at attaching conditions to the property. Attorney Philbrick also stated that she objected to
the “bootstrapping” of uses on the property.
One of the Applicants, Chester Barrett, stated that wok had always been done both on-site
and off-site.
One of the abutters, Charles Butler, stated that he has lived in the neighborhood for thirty
years. Mr. Butler indicated that most of the work had been done off-site and only recently
has there been a dramatic increase in the amount of auto repair work, evening work, and
that there has been a retail business involving the sale of mulch.
John Stanton, speaking as an abutter, reminded the Board that there have been families in
that neighborhood since 1951.
Marianne Stanton, speaking as an abutter, also indicated that the scope of operations has
increased and that the business was not as large a few years ago.
Mary Soffell, an abutter, suggested the Board look at the advertisement in the phone
book. Ms. Soffell suggested that the Barretts are looking to expand the size of their
operations. Ms. Soffell also wondered what the odor was that was emanating from the
property.
Burr Tupper also wondered what this odor was because he drove by the property and
smelled it.
Scott Barrett, one of the Applicants, stated that he was unsure what the odor was.
Burr Tupper indicated that he was concerned with the level of activity, the increase in
noise, the odors, and the hours of operation.
Elizabeth Hitchcock, as an abutter, stated that on Veteran’s Day there was a horrible
stench coming from the property.
David Hitchcock, as an abutter, stated that there is a new business on site.
Attorney Cohen wanted to clarify that many of the disturbances that are existing on-site
are from the reorganization of the site.
Attorney Philbrick urged the Board to apply the Powers test and use this to find that the
Applicants need a Special Permit for the unpermitted expansion.
Attorney Cohen argued that the Powers test did not fully apply to the present situation.
A motion was made (Koseatac) and duly seconded to uphold the Order issued by the
Zoning Enforcement Officer. The vote was 5-0 in favor.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
075-08 Gazaille 24 Sesapana Road Cohen
Action Deadline March 11, 2009.
Attorney Steven Cohen spoke on behalf of the Applicants.
Attorney Cohen informed the Board that this particular property was in a subdivision that
was up-zoned, thereby making many of the parcels nonconforming. As the Board has
seen similar applications in this subdivision, relief is usually contingent upon the
Applicant not exceeding 12.5% ground cover.
A motion was made (Koseatac) and duly seconded to approve the relief as requested. The
vote was 5-0.
076-08 Oliver, Trustee 16 Sesapana Road Hanley
Action Deadline March 11, 2009.
Attorney Marianne Hanley spoke on behalf of the Applicant.
Attorney Hanley informed the Board that, similar to the previous application the Board
just heard, the applicants are requesting to increase their ground cover ratio; but, not over
the 12.5% the Board has previously allowed.
A motion was made (Toole) and duly seconded to approve the requested relief. The vote
was 5-0 in favor.
077-08 Siasconset Casino Assoc. 10 New Street Reade
Action Deadline March 11, 2009.
This application was heard simultaneously with application No. 078-08.
A motion was made (Botticelli) and duly seconded to approve the requested relief. The
vote was 5-0 in favor.
078-08 Siasconset Casino Assoc. 11, 13, 15 New Street Reade
Action Deadline March 11, 2009.
This application was heard simultaneously with application No. 077-08.
Attorney Arthur Reade spoke on behalf of the Applicants.
Attorney Reade explained to the Board the nature of the proposed renovations.
Mike Bowman, the manager of the Siasconset Casino informed the Board that there
would be no change in membership because of these proposed changes.
A motion was made (Botticelli) and duly seconded to approve the requested relief. The
vote was 5-0 in favor.
079-08 B-P Ventures 7 Westmoor Farm Road Burnham
Action Deadline March 11, 2009.
Ted Burnham represented himself.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
Mr. Burnham explained that the deck was sited about six (6) inches into the setback due
to a contractor error. Mr. Burnham subsequently requested the Board allow him to
validate the siting of the deck in the side yard setback.
A motion was made (Poor) and duly seconded to approve the requested relief with the
condition that the deck be allowed to be sited in its present location and any further
expansion will require relief from the Board of Appeals. The vote was 5-0 in favor.
080-08 Paul 7 Paupamo Way Stetina
Action Deadline March 11, 2009.
The Applicants requested to withdraw the application.
A motion was made (Toole) and duly seconded to withdraw the application. The vote was
5-0 in favor.
071-08 Furrow 99 Baxter Road Hunter
Action Deadline March 5, 2009.
Attorney Bill Hunter spoke on behalf of the Applicant.
Attorney Hunter stated that a cottage would be relocated on the property, away from the
eroding coastal bluff.
A motion was made (Toole) and duly seconded to approve the requested relief. The vote
was 5-0 in favor.
081-08 Fronzuto 35 First Way Self
Action Deadline March 11, 2009.
David Fronzuto represented himself.
Mr. Fronzuto explained to the Board that he is proposing a dance studio on his property.
A motion was made (Koseatac) and duly seconded to approve the requested relief. The
vote was 5-0 in favor.
082-08 Werner as Applicant, David as Owner 1 Gardner Court Weinman
Action Deadline March 11, 2009.
The Applicant requested to withdraw the application.
A motion was made (Toole) and duly seconded to withdraw the application.
083-08 53 Orange Street Partners, LLC 53 Orange Street Glidden
Action Deadline March 11, 2009.
Attorney Jessie Glidden represented the applicants.
Attorney Glidden explained that the Applicant is proposing to raise the height of the
structure and to put in a full basement.
Attorney Bill Hunter, representing one of the abutters, indicated that there may be an
issue regarding the construction process.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
A motion was made (Toole) and duly seconded to continue the application to the January
15th meeting. The vote was 5-0 in favor.
VII. Adjournment
A motion was made (Toole) and duly seconded to adjourn the meeting at 3:30 P.M.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile