HomeMy WebLinkAboutZoning Board of Appeals Meeting Minutes, June 11, 2009_2014020508421562692 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
Minutes
Thursday, June 11, 2009
1:00 PM
2 Fairgrounds Road
Board Members in attendance: Michael J. O’Mara, Dale Waine, Ed Toole, Lisa Botticelli, Kerim Koseatac, Mark
Poor, and Burr Tupper.
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.
III. Approval of the Minutes
A motion was made (Toole) and duly seconded to approve the minutes (April 9, 2009 and May 14,
2009). The vote was 5-0 in favor.
Chairman O’Mara expressed his gratitude towards Burr Tupper for his years of service on the
Board of Appeals.
IV. Old Business
085-06 Reis 80 Miacomet Avenue Reade C
Action Deadline September 26, 2009. Continued to September 10, 2009
030-07 Burnham 12½ Sherburne Turnpike Reade C
Action Deadline September 26, 2009. Continued to September 10, 2009
007-09 Ferriera 47 Nobadeer Farm Road Self
Action Deadline December 12, 2009.
Attorney Bill Hunter represented the Applicant.
Attorney Hunter stated that while he was not present at the last meeting, his clients
informed him of the Board’s concerns regarding the intensity of the use on site.
Accordingly, Attorney Hunter stated the balance of the existing unit will not be used, as
there are only two bedrooms.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
Attorney Hunter also stated that there would be privet screening and the applicants are
aware that they are located within the Wellhead Recharge District and are therefore
limited to what they can and cannot do with their business.
Lisa Botticelli wanted to make sure that the hours of operation would be 10:00 am to 4:00
pm and by appointment only.
Dale Waine expressed his concern with any potential signage and any car being
advertised in the front of the property.
Ed Toole indicated that the privet should be a minimum of five (5) feet when it goes in the
ground and there should only be six (6) cars and six (6) mopeds on site. Mr. Toole also
expressed concerns regarding the intensity of the use and wanted to make sure the unused
portion of the structure would remain unused.
A motion was made (Waine) and duly seconded to approve the requested relief. The vote
was 5-0 in favor.
017-09 Robinson 141 Hummock Pond Road Self
Action Deadline June 27, 2009.
Lynne Robinson represented herself at the hearing.
The Board resumed its discussion regarding the number of taxi cab licenses the Applicant
and her husband have.
The Board was informed that the Applicant and her husband are grandfathered to have
two (2) licenses each and that under the new taxi cab regulations, no new applicant will
have more than one (1) license.
Given that this is a unique situation, the Board found that it was permissible for the
Applicant to continue operating with the two (2) licenses.
A motion was made (Waine) and duly seconded to overturn the order of the Zoning
Enforcement Officer. The vote was 5-0 in favor.
088-08 DeBenedictis 7 Brewster Road Self C
Action Deadline October 15, 2009. Continued to June 11, 2009
Danielle DeBenedictis represented herself.
Ms. DeBenedictis informed the Board that the sub-contractor for the pool made an error
and subsequently the pool was sited incorrectly.
Dale Waine suggested that rather than ask for relief, the Applicant request a land swap
with her neighbor. The Applicant agreed to this suggestion.
A motion was made (Poor) and duly seconded to allow the withdrawal of the application
without prejudice. The vote was 5-0 in favor.
V. New Business
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
012-09 Town of Nantucket 192 Cliff Road Vorce
Action Deadline August 26, 2009.
Leslie Snell of the Planning Office represented the Town of Nantucket.
Ms. Snell indicated to the Board that this was essentially a reissuance of a lapsed variance.
A motion was made (Waine) and duly seconded to approve the requested relief. The vote
was 5-0 in favor.
016-09 Neudert 18 Dukes Road Hunter
Action Deadline August 12, 2009.
Attorney Bill Hunter represented the Applicant.
Attorney Hunter stated that the only issue before the Board is the Special Permit request
to reduce the rear setback by 1.2 feet.
Ed Toole wondered why the shed was sited so close to the rear yard when there was
plenty of space on the lot.
Attorney Sarah Alger, representing one of the abutters, spoke in opposition to the
Application. Attorney Alger expressed concern that this shed may ultimately be used
more than a shed.
Attorney Hunter assured the Board and Attorney Alger that the shed would only be used
as a shed and not as a studio, a living area, a dwelling, or any other such use other than a
shed.
Burr Tupper expressed concert that the contractor was unwilling to move the shed for his
client.
A motion was made (Tupper) and duly seconded to approve the requested relief. The
vote was 4-1 in favor (Toole opposed).
021-09 Griffin 18 Rabbit Run Road Glidden
Action Deadline September 9, 2009.
Attorney Richard Glidden represented the Applicants.
Attorney Glidden explained that although the Applicants had received prior relief, they
had not technically activated their permit as the Building Department does not consider
demolition to be exercising the relief granted.
Accordingly, Attorney Glidden requested a condition be added to the decision that
effectively extended the time limit of the granted relief.
The Zoning Enforcement Officer spoke against the requested relief.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
A motion was made (Waine) and duly seconded. The vote was 4-1 in favor (Poor
opposed).
023-09 51 Baxter Road, LLC 51 Baxter Road Gullicksen
Action Deadline September 9, 2009.
Attorney Ken Gullicksen represented the Applicants.
Attorney Gullicksen explained to the Board that the addition would not encroach into the
setback any further than what already exists.
A motion was made (Waine) and duly seconded to approve the requested relief. The vote
was 5-0 in favor.
VI. Other Business
The Board discussed revising the fee schedule. The agreed upon change would be a $400
fee, regardless of the type of application and a postage fee of $1 per abutter.
VII. Adjournment
A motion was made (Toole) and duly seconded to adjourn the meeting at 4:20 P.M.