HomeMy WebLinkAboutZoning Board of Appeals Meeting Minutes, February 12, 2009_201402050842133457 TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
Minutes
Thursday, February 12, 2009
1:00 PM
2 Fairgrounds Road
Board Members in attendance: Michael J. O’Mara, Dale Waine, Ed Toole, Lisa Botticelli, Kerim Koseatac, Burr
Tupper, and Mark Poor.
Staff: John Brescher, Venessa Moore, and Tom Broadrick
I. Call to Order:
Chairman Michael J. O’Mara called the meeting to order at 1:10 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
Lisa Botticelli requested that the minutes be corrected. Staff informed her that the minutes would
be corrected for the next meeting.
IV. Old Business
085-06 Reis 80 Miacomet Avenue Reade C
Action Deadline March 26, 2009. Continued to March 12, 2009
030-07 Burnham 12½ Sherburne Turnpike Reade C
Action Deadline March 26, 2009. Continued to March 12, 2009
088-08 DeBenedictis 7 Brewster Road Self C
Action Deadline April 15, 2009. Continued to March 12, 2009
033-08 Tetawkimmo Comm. Assoc. Tr. Barnard Valley Rd. Philbrick
Action Deadline April 23, 2009. (ET, DW, MJO, KK, LB)
034-08 Longfin, LLC Barnard Valley Rd. Hunter
Action Deadline April 23, 2009. (ET, DW, MJO, KK, LB)
035-08 Longfin, LLC Barnard Valley Rd. Hunter
Action Deadline April 23, 2009. (ET, DW, MJO, KK, LB)
Attorney Bill Hunter represented the appellants and applicants, Longfin, LLC.
Attorney Hunter requested that the new Special Permit request, the subject of ZBA File
No. 086-08, be heard simultaneously and the old record be incorporated into this file.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
Accordingly, Attorney Hunter explained that the applicant has been having an on-going
conversation with the neighborhood and has been coming to agreements with the
neighbors. Part of this new Special Permit request is a request to construct a new
structure for the batch plant, a new workshop, a new office, and the resiting of the tower.
Attorney Melissa Philbrick, representing the Tetawkimmo Commons Neighborhood
Association Trust, stated that the neighbors have been encouraged by the commitment of
the applicants in making a good faith effort. Attorney Philbrick stated some additional
concerns of the neighbors: That only 7 businesses remain on site, that the cell phone
tower does not grow, that there is an erosion plan in place with a stable slope, that there is
some further clarification regarding the landscaping debris on site, and that there be a
firmer definition of retail sales.
Attorney Hunter stated that it was difficult to define retail sales for the purposes of the
Holdgate Partners business given the nature and scope of the sales made.
Ed Toole stated that while he was pleased to see the letter from Holdgate Partners to the
Land Bank, he expressed some concern that there was no receipt or acknowledgement on
behalf of the Land Bank.
A motion was made (Waine) and duly seconded to continue the application to the April 9,
2009 meeting. The vote was 5-0 in favor.
V. New Business
058-08 Aslansan 1 Brock’s Court Zieff C
Action Deadline December 11, 2008. Continued to February 12, 2009.
086-08 Longfin, LLC Barnard Valley Road Hunter
Action Deadline April 15, 2009.
This application was heard concurrently with 033-08, 034-08, and 035-08.
087-08 Third Point, LLC 3 Highland Avenue Jensen
Action Deadline April 15, 2009.
Attorney Paul Jensen represented the applicants.
Attorney Jensen stated that the requested relief was a modification of a variance that
prevented the applicant from building on his abutting vacant lot. Attorney Jensen argued
that as the variance was granted to allow the applicant to exceed ground cover, and the
ground cover has been met because of a change to the zoning requirements, the
modification to allow the applicant to build on his vacant lot should be granted.
A motion was made (Botticelli) and duly seconded to approve the requested relief. The
vote was 5-0 in favor.
090-08 Tulloch, Tr. 5 Village Way Reade
Action Deadline April 15, 2009.
Attorney Arthur Reade represented the applicants.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
Attorney Reade stated that the applicants are requesting a modification to their previously
granted Special Permit.
Attorney Sarah Alger, speaking on behalf of an abutter, stated that her clients are
objecting to relief; but, in the event that relief is granted, that conditions be imposed.
A motion was made (Toole) and duly seconded to grant the requested relief with the
condition that the lighting and screening comply with the Nantucket Bylaw. The vote
was 4-1 in favor (Poor opposed).
001-09 Facteau 24 Clarendon Street Beaudette
Action Deadline May 23, 2009.
Attorney Lori D’Elia represented the applicants.
Attorney D’Elia stated that the applicants are requesting to alter the shape of their lot
through the benefit of a Special Permit.
A motion was made (Waine) and duly seconded to approve the requested relief. The vote
was 5-0 in favor.
002-09 Little, Tr. 5 Cliff Road Avery
Action Deadline May 23, 2009.
This application was withdrawn without prejudice.
As the application had been advertised in the paper, a motion was made (Waine) and duly
seconded to approve the requested withdrawal. The vote was 5-0 in favor.
003-09 Ruley 12 Toms Way Self
Action Deadline May 23, 2009.
Bob Ruley represented himself.
Mr. Ruley stated that he was looking to validate the siting of a shed located in his setback.
A motion was made (Waine) and duly seconded to approve the requested relief. The vote
was 5-0 in favor.
004-09 Phillips, Tr. 11 Polliwog Pond Road Self
Action Deadline May 23, 2009.
Attorney Arthur Reade represented the applicants.
Attorney Reade stated that the applicants are requesting to validate the siting of the deck
to 7.9 feet rather than the requested 5.
A motion was made (Waine) and duly seconded to approve the requested relief with the
condition that setback remain at 7.9 feet to validate the siting of the existing deck. The
vote was 5-0 in favor.
005-09 Sors Bona, LLC 48 Main St., Siasconset Self
Action Deadline May 23, 2009.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
Jenn Iller represented the applicants.
Ms. Iller stated that the garage was sited in the setback due to a surveying error and
requested the Board validate the siting of the garage.
A motion was made (Waine) and duly seconded to approve the requested relief. The vote
was 5-0 in favor.
VII. Other Business
Staff presented the Board with a proposal to change the fees charged to applicants. The
Board was receptive to the changes and the memo and suggested the fees be set up in a
similar manner to that of the Planning Board.
VIII. Adjournment
A motion was made (Toole) and duly seconded to adjourn the meeting at 3:15 P.M.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile