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HomeMy WebLinkAboutZoning Board of Appeals Meeting Minutes, January 11, 2008_201402050842137207 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 Minutes Friday, January 11, 2008 1:00 PM 2 Fairgrounds Road Board Members in attendance: Michael O’Mara, David Wiley, Dale Waine, Burr Tupper, Lisa Botticelli, Nancy Sevrens, and Edward Toole. Staff: John Brescher, Leslie Woodson Snell, Venessa Moore I. Call to Order: Chairman Michael O’Mara called the meeting to order at 1:00 P.M. II. Approval of the Minutes: A motion was made to approve the Minutes (December 14, 2007), duly seconded and voted 5-0. III. Old Business ▪ 085-06 Reis 80 Miacomet Ave Reade Action Deadline March 28, 2008; Continued to February 8, 2008. ▪ 030-07 Burnham 12 ½ Sherburne Turnpike Reade Action Deadline March 28, 2008; Continued to February 8, 2008. ƒ 087-07 Barrett 21 Somerset Road Cohen Action Deadline April 10, 2008; Continued to March 14, 2008. ▪ 054-07 Nantucket Hunt. Assoc. Madequesham Valley Road Zieff Action Deadline February 29, 2008. Attorney Allison Zieff began the discussion by reminding the Board that the applicants are seeking a special use permit. With that in mind, the Board should narrow their focus on whether or not the facility and activity will be more detrimental to the neighborhood. Attorney Zieff stated that both noise and safety are concerns the applicants are taking into account. Attorney Zieff pointed out that there needs to be more than just a nuisance when the Board looks at the level of noise. Mr. Tallheimer, an acoustical engineer for the applicant, spoke to his report and how he was able to come up with the data presented in his report. Ed George, a technical advisor from the National Rifle Association, discussed how the facility would be constructed. Mr. George explained that there will need to be 8 foot 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile berms surrounding the facility. Additionally, Mr. George told the Board that there are no reports or incidents of stray bullets escaping. For the abutters’, Attorney Howard Speischer expressed concern with the site plan to the Board. Attorney Speischer explained how there were inconsistencies in what the applicant told the Board and what was shown on the site plan. Attorney Speischer also contended that the noise heard during the site visit will not be what is actually heard because there will be more shots fired. Brion G. Koning, a noise consultant, spoke for the abutters’ and explained that the noise would be detrimental to the neighborhood. Mr. Koning also explained that because of the wind velocity and the number of gun shots fired during the site visit, the noise heard during the site visit was not an accurate representation of what will be heard. The Board expressed a few concerns with making a premature decision at this point. Dale Waine explained to the applicants that he would like more information regarding the proposed uses of the site. Further, Mr. Waine wondered when the exact specifications would be completed and strongly suggested that more detailed plans be submitted to the board. Lisa Botticelli suggested that, at a minimum, the board should see conceptual drawings. Dave Wiley recommended that Town Counsel weigh in on the road access issue. Mr. Waine further suggested that the applicants determine when they are likely to use the facility – what hours of the day and what months of the year – and that public notice be given if some of this usage will disrupt the abutters. A motion was made (Tupper) and duly seconded to continue the application to February 8, 2008 and voted 5-0 in favor. ƒ 098-07 DAW Nominee Trust 16 Baxter Road Reade Action Deadline February 15, 2008; Continued to January 11, 2008. Attorney Arthur Reade represented the applicants and asked for special permit relief because while the applicant is not increasing ground cover, they are already over the ground cover and would like to move the house. The applicant is proposing to move the house to meet setback requirements. Attorney William Hunter argued that although the applicants are moving the house to conform to the setback requirements, the revised siting of the structure will be more detrimental to the neighborhood. A motion was made (Sevrens) and duly seconded to approve the plan submitted and voted 2-3 in favor (Wiley, Koseatac, and Tupper opposed). IV. New Business ▪ 106-07 Molinar 1 Chestnut Street Weinman Action Deadline April 10, 2008. Attorney Rhoda Weinman presented on behalf of the applicant. A motion was made (Waine) and duly seconded to approve the application and voted 5-0 in favor. 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile ▪ 107-07 Tapper 10 Orange Street Halstead Action Deadline April 10, 2008. Attorney Patricia Halstead presented on behalf of the applicants. A motion was made (Waine) and duly seconded to approve the application and voted 5-0 in favor on the condition that no work will be done between Memorial Day and Labor Day. ƒ 108-07 Hammer 6 King Street Cohen Action Deadline April 10, 2008, Continued to February 8, 2008. The application was continued without being opened to February 8, 2008. ƒ 109-07 Cote 52 Somerset Road Cote Action Deadline April 10, 2008. The applicant represented herself. The applicant explained that she is not increasing ground cover, but only reconstructing the greenhouse and adding space and windows the garage area. A motion was made (Waine) and duly seconded to approve the application and voted 5-0 in favor. ƒ 110-07 Sweetwater Realty Trust 67 Quidnet Road Perry Action Deadline April 10, 2008. Mr. Jay McConnell, on behalf of the applicant, brought to the attention of the Board that an as-built was submitted and a height survey was requested, completed, and submitted to the board. However, the original height was based on a flat site and this site is not level. The applicant is seeking to modify the decision so that the height of the structure allowed now reflects the actual height of the structure. A motion was made (Wiley) and duly seconded to approve the application and voted 5-0 in favor. ƒ 111-07 NPTA 81 Milestone Road Glidden Action Deadline April 10, 2008. Attorney Jessie Glidden spoke on behalf of the applicants. Debbie Culbertson spoke against the application because she feared that the Land Bank was taking public land to be used by a private entity. Mark Dobson, an abutter, was concerned with the amount of noise that will be made from the paddle tennis courts. Mr. Dobson further wondered if the courts could be moved elsewhere on the property. Dale Waine inquired whether or not the courts could be moved on the proposed site. Ed Toole also wondered about the location of the warming hut. The board recommended that the applicants and the abutters discuss the location of the courts and landscaping. A motion was made (Waine) and duly seconded to continue the application to the February 8, 2008 meeting. The board voted 5-0 in favor. ƒ 112-07 Corry 33 New Hampshire Ave Reade Action Deadline April 2, 2008. 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile Attorney Arthur Reade presented the application on behalf of the applicants. A motion was made (Waine) and duly seconded to approve the application and grant a variance within 2 feet of the Northeast corner of the lot. The board voted 5-0 in favor. ƒ 113-07 Alexandre 15 Bank Street Beaudette Action Deadline April 10, 2008. Attorney Richard Beaudette presented on behalf of the applicants. A motion was made (Toole) and duly seconded to approve the application and voted 5-0 in favor. ƒ 114-07 Russo 34 Massachusetts Avenue Bracken Action Deadline April 2, 2008. Don Bracken presented the application on behalf of the applicants. A motion was made (Koseatac) and duly seconded to approve the application and voted 5- 0 in favor. ƒ 115-07 Boehm 65 New Street Boehm Action Deadline April 10, 2008. The application was continued without being opened to February 8, 2008. ƒ 116-07 Rein 1 Henry Street Cohen Action Deadline April 10, 2008. Attorney Steven Cohen presented on behalf of the applicants. Attorney Cohen explained that the garage would be extended in order to store a sailboat. The applicants have HDC approval. A motion was made (Toole) and duly seconded to approve the application under the condition that the garage will not be higher than it is now and that the oil tank will be relocated. The board voted 5-0 to approve. ƒ 117-07 Groden 18 Towaddy Lane Brosnan Action Deadline April 10, 2008. The application was continued without being opened to February 8, 2008. ƒ 118-07 Veranda House, LLC 3 Step Lane Cohen Action Deadline April 10, 2008. Attorney Steven Cohen presented on behalf of the applicants. The applicants were proposing to expand the use of their Guest House by adding two guest rooms, expanding the decks and adding stairs, and by altering the eastern patio and garden area. There were abutters who were concerned with the possibility of weddings or outdoor events, that the “continental breakfast” not be expanded, and there be no construction between Memorial Day and Labor Day. The applicants agreed to these proposals by the abutters. 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile Other abutters were concerned with increased business on the property and how the taxis and night traffic disrupt their business. Chairman O’Mara suggested the applicants and abutters come to a resolution and then present to the board. A motion was made (O’Mara) and duly seconded to continue the application and the board voted 5-0 in favor. ƒ Modification of Driveways in Abrem Quary o Harding – 3 Sasemin The application was continued without being opened to February 8, 2008. V. Adjournment: A motion was made (Waine) and duly seconded to adjourn the meeting at 6:00 P.M. 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile