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.
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
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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.
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.
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.
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.
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.
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.
112-07 Corry 33 New Hampshire Ave Reade
Action Deadline April 2, 2008.
2 Fairgrounds Road Nantucket Massachusetts 02554
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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.
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.
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.
115-07 Boehm 65 New Street Boehm
Action Deadline April 10, 2008.
The application was continued without being opened to February 8, 2008.
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.
117-07 Groden 18 Towaddy Lane Brosnan
Action Deadline April 10, 2008.
The application was continued without being opened to February 8, 2008.
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.
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