HomeMy WebLinkAboutZoning Board of Appeals Meeting Minutes, March 13, 2008_2014020508421626762 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
Minutes
Thursday, March 13, 2008
12:00 PM
2 Fairgrounds Road
Board Members in attendance: Michael O’Mara, David Wiley, Dale Waine, Burr Tupper, Lisa Botticelli, 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 12:10 P.M.
II. Old Business
▪ 085-06 Reis 80 Miacomet Ave Reade
Action Deadline March 28, 2008; Continued to March 14, 2008.
▪ 030-07 Burnham 12 ½ Sherburne Turnpike Reade
Action Deadline March 28, 2008; Continued to March 14, 2008.
▪ 054-07 Nantucket Hunt. Assoc. Madequesham Valley Road Zieff
Action Deadline May 30, 2008; Continued to April 11, 2008.
087-07 Barrett 21 Somerset Road Cohen
Action Deadline April 10, 2008.
Attorney Steven Cohen spoke on behalf of the applicants.
Attorney Cohen submitted new plans to the Board members at the meeting. Attorney
Cohen noted that the applicants are willing to make concessions by limiting outdoor
storage, cleaning up the yard, reducing the hours of operation from 9:00 AM to 5:00 PM,
and eliminating the junk busses on site. Additionally, the applicants are willing to limit
the type of materials that are stored on site to those that are directly related to their
operations.
The abutters to the property commented on the application. The comments focused on
the past activities of the applicant’s operations and how difficult it would be to strictly
enforce the proposed hours of operation because of the nature of the applicants’ business.
Other abutters questioned how the current expansion of the applicant’s operation can be
considered a natural evolution of the business. Other abutters’ comments focused on the
amount of noise generated from the applicants’ business.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
Cormac Collier of the Nantucket Land Council pointed out that locus is located in the
public wellhead recharge zone and therefore may potentially be prohibited under the
Zoning Bylaw.
Chairman O’Mara explained to the applicants that he was disappointed with the lack of
communication and neighborly contact between the parties. Other Board members
echoed this sentiment.
Burr Tupper requested more information regarding the applicants’ retail business. Dale
Waine expressed his disappointment in receiving the plans at the last minute. Dave
Wiley also expressed concern with the lack of communication between the Applicants and
the neighbors, as well as the possible wellhead recharge zone issue.
A motion was made (Wiley) to uphold the Zoning Enforcement Officer’s cease and desist
order. The motion failed for a lack of a second.
A motion was made (Waine) and duly seconded to continue the application to the May 9th
meeting. The vote was 5-0 in favor.
108-07 Hammer 6 King Street Cohen
Action Deadline April 10, 2008
Attorney Steven Cohen spoke on behalf of the applicants.
Attorney Cohen proposed that there would be no work on Sundays and the hours of
operation would be limited to 8:00 AM to 5:00 PM.
Attorney Alison Zieff spoke on behalf of some of the Youngs. Attorney Zieff expressed
concern that the construction may damage the foundation of her client’s house.
Attorney Bill Hunter spoke on behalf of some of the Reindell’s. Attorney Hunter
suggested the Board not grant the requested relief yet because the applicant has not had
any communication with the abutters.
Attorney Rhoda Weinman spoke as an abutter. Attorney Weinman explained that there is
less than one (1) foot between her property and the applicants’ property and expressed
concern that damage will be done to both King Street and her property.
Geoff Thayer discussed the practicalities of how the work would be completed. He
mentioned that driven steel piles would be used.
John Stover discussed the engineering involving the construction. Mr. Stover indicated
that the Reindell property would be the most critical one, indicating that the Reindell’s
would possibly suffer damage to their property as a result of the construction.
The Board asked about a limited survey indicating the locations of abutting structures
within ten (10) feet of the site.
A motion was made (Waine) and duly seconded to continue to the application to the May
9th meeting. The vote was 5-0 in favor.
111-07 NPTA 81 Milestone Road Glidden
Action Deadline April 10, 2008.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
Attorney Richard Glidden spoke on behalf of the applicants.
Ed Toole expressed his concern that the Land Bank property is going to be used for a
private organization. The public will no longer be able to utilize the property if the Paddle
Tennis courts are built because only members of the Paddle Tennis club will be able to
enjoy the property.
A motion was made (Waine) and duly seconded to approve the application. The vote was
4-1 in favor (Toole opposed).
118-07 Veranda House, LLC 3 Step Lane Cohen
Action Deadline April 10, 2008.
Attorney Steven Cohen spoke on behalf of the applicants.
The applicants submitted updated plans for the Board to review.
Randi Ott and Calliope Legelis commented that the plans were not much of a
compromise and noted there was little communication between the applicants and the
abutters.
Attorney Rhoda Weinman spoke on behalf of some of the abutters and reiterated her
request that there be no weddings or other events held on the premises, the “continental
breakfast” remain available only to guests of the Veranda House, that outdoor lighting
and air conditioning be “at a minimum”, and that construction be done between June 1st
and September 15th.
The Board expressed their frustration of not being able to review the plans ahead of time.
Rather than waiting until the April meeting, Attorney Cohen asked the Board to hold a
Special Meeting on March 25, 2008.
A motion was made (Waine) and duly seconded to continue the application to the March
25, 2008 meeting. The vote was 5-0 in favor.
III. New Business
004-08 O’Rourke 7 Old North Wharf Glidden
Action Deadline June 13, 2008.
Attorney Richard Glidden spoke on behalf of the applicant.
A motion was made (Toole) and duly seconded to approve the application with the
condition that no exterior work is to be done from June 1st to September 30th. The vote
was 5-0 in favor.
005-08 Gifford, Trustee of 37 Liberty Street Nominee Trust
37 Liberty Street Reade
Action Deadline June 13, 2008.
Attorney Arthur Reade spoke on behalf of the applicant.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
A motion was made (Botticelli) and duly seconded to approve the application with the
condition that no exterior work is to be done from June 1st to September 15th and no heavy
equipment be used. The vote was 5-0 in favor.
006-08 Deuberry 4 Charter Street Reade
Action Deadline June 13, 2008.
Attorney Arthur Reade spoke on behalf of the applicant.
A motion was made (Botticelli) and duly seconded to approve the application. The vote
was 4-1 in favor (Toole opposed).
007-08 MacDougall, Trustee of MacDougall Nominee Trust
9 Bayberry Lane Reade
Action Deadline June 13, 2008.
Attorney Arthur Reade spoke on behalf of the applicant.
A motion was made (Wiley) and duly seconded to approve the application. The vote was
5-0 in favor.
Modification of Driveways in Abrem Quary
o Harding – 3 Sasemin
A motion was made (Tupper) and duly seconded to approve proposed driveway
configuration. The vote was 5-0 in favor.
IV. Approval of the Minutes:
A motion was made to approve the Minutes (February 8, 2008), duly seconded and voted 5-0.
V. Executive Session:
The members of the Zoning Board of Appeals were polled to go into Executive Session and not
return to Public Session. The poll was unanimous.
VI. Adjournment
A motion was made (Waine) and duly seconded to adjourn the meeting at 4:45 P.M.