HomeMy WebLinkAboutZoning Board of Appeals Meeting Minutes, December 10, 2009_201402050842122675 TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
Minutes
Thursday, December 10, 2009
1:00 PM
2 Fairgrounds Road
Board Members in attendance: Michael J. O’Mara, Dale Waine, Ed Toole, Kerim Koseatac, Lisa Botticelli, Mark
Poor, Carol Cross, and Susan McCarthy.
Staff: John Brescher and Venessa Moore
I. Call to Order:
Chairman O’Mara called the meeting to order at 1:05 PM.
II. Approval of the Agenda:
A motion was made (Toole) and duly seconded to approve the agenda as written. The vote was 5-
0 in favor.
III. Approval of the Minutes:
A motion was made (Waine) and duly seconded to approve the minutes of the November 12, 2009
ZBA meeting. The vote was 5-0 in favor.
IV. Other Business:
Minor modification – File No. 052-06 (29A So. Shore Road)
Attorney Richard Glidden represented the Applicants.
Attorney Glidden explained to the Board that this minor modification is just to validate
and clarify the correct ground cover that was approved in the 2006 application as there was
apparently an error on the surveyed plans.
A motion was made (Waine) and duly seconded to approve the requested minor
modification.
Extension Request – 47 Massachusetts Avenue
Paul Santos of Nantucket Surveyors represented the Applicants.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
Mr. Santos stated that the as the structure in question was demolished due to a natural
disaster, the Board of Appeals had the power to grant an extension for the Applicants
giving them more time to rebuild the structure.
A motion was made (Waine) and duly seconded to approve the requested relief. The vote
was 5-0 in favor.
Approval of 2010 meeting schedule
Staff presented the 2010 meeting schedule to the Board.
A motion was made (Waine) and duly seconded to approve the 2010 meeting schedule as
drafted.
Extension Request – Lawrence C. and Margaret O. McQuade
Attorney Bill Hunter represented the Applicants.
Attorney Hunter requested a six month extension in order to exercise the previously
granted Variance.
A motion was made (Waine) and duly seconded to approve the requested relief. The vote
was 5-0 in favor.
V. Old Business
085-06 Reis 80 Miacomet Avenue Reade C
Action Deadline September 26, 2009. Continued to December 10, 2009
030-07 Burnham 12½ Sherburne Turnpike Reade C
Action Deadline September 26, 2009. Continued to December 10, 2009
053-09 Edmunds 10 Derrymore Road Wilson
Action Deadline January 7, 2010.
Victoria Wilson represented the Applicants.
Ms. Wilson explained the Board that the extension of the deck was approved by the
Building Department; but, had somehow been approved without the benefit of any zoning
relief.
Marcus Silverstein, the Zoning Enforcement Officer, stated that the permit is not in
violation; but, should receive Special Permit relief from the Board of Appeals for
extending a structure within the setback, even though the extension does not make the
structure more nonconforming.
Val Oliver spoke on behalf of the application and explained that she assumed there was no
change in the setback as the setbacks had not actually changed.
A motion was made (Poor) and duly seconded to approve the requested relief by Special
Permit. The vote was 5-0 in favor.
057-09 Smith/Zarrella 127 Wauwinet Road Dale
Action Deadline February 10, 2009.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
Attorney Kevin Dale represented the Applicants.
Attorney Dale stated that the Applicants have revised the house design in order to lower
the ridge height. Designer Luke Thornweil explained the design revision process.
Attorney Steven Cohen, representing abutter Gale Arnold, stated that he was unsure this
revision – and this application in general- was not substantially more detrimental to the
neighborhood.
Attorney Steven Cohen, representing Gale Arnold, expressed concerns with the proposed
alterations to the structure, stating that the proposal was a significant increase to the
house and neighborhood. Attorney Cohen also suggested that there may be other permits
required for this property.
Gale Arnold, as an abutter, spoke against the application.
A motion was made (Koseatac) and duly seconded to continue the application to a special
meeting held on December 22nd. The vote was 5-0 in favor.
VI. New Business
061-09 Bennett 25 Allen’s Way Reade
Action Deadline February 26, 2010.
Attorney Arthur Reade represented the Applicant.
Attorney Reade explained that there are wetlands on the abutting lot and therefore his
client is limited as to where and the size of the structures.
A motion was made (Waine) and duly seconded to approve the requested relief. The vote
was 5-0 in favor.
062-09 Webb 30 Duke’s Road Hunter
Action Deadline February 26, 2010.
Attorney Bill Hunter represented the Applicant.
Attorney Hunter stated that this was a reissuance of an expired variance that was issued in
2007. Although the Board questioned whether or not the variance was initially exercised,
it was determined that a reissuance was necessary as the original variance expired.
An abutter, Cynthia Lenhart, spoke in favor of the application.
A motion was made (Waine) and duly seconded to approve the requested relief. The vote
was 5-0 in favor.
VII. Adjournment
A motion was made (Waine) and duly seconded to adjourn the public meeting at 3:45 PM
and to enter executive session.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile