HomeMy WebLinkAboutZoning Board of Appeals Meeting Minutes, November 12, 2009_201402050842178144 TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
Minutes
Thursday, November 12, 2009
1:00 PM
2 Fairgrounds Road
Board Members in attendance: Michael J. O’Mara, Dale Waine, Kerim Koseatac, 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 (Waine) 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 (Koseatac) and duly seconded to approve the minutes of the October 8, 2009
ZBA meeting. The vote was 5-0 in favor.
IV. Other Business:
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
051-09 Ayd 1 Mattapoisett Ave Cohen
Action Deadline December 26, 2010. (ET, DW, MJO, KK, SM)
Attorney Steven Cohen represented the Applicants.
Attorney Cohen informed the Board that he found it acceptable to proceed, despite having
only four members sitting on this particular application.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
Attorney Cohen reminded the Board that he was requesting two variances. The first is to
validate the existing setback violation and the other is to expand further into the setback.
Attorney Cohen presented photographic evidence that showed the existing steps. It was
determined that there was a discrepancy in the plans that resulted in this setback issue.
A motion was made (Waine) and duly seconded to approve the variance request to
validate the existing structure sited in the setback. The vote was 4-0 in favor.
A second motion was made (Waine) and duly seconded to approve the variance request to
extend the structure into the setback. The vote was 0-4 in favor (Waine, O’Mara,
Koseatac, McCarthy opposed).
052-09 Edmunds 10 Derrymore Road Edmunds C
Action Deadline January 7, 2010. (ET, MP, MJO, KK, LB)
The Applicant requested this matter be continued to the December 10, 2009 meeting.
VI. New Business
045-09 Trs. of Wigwam Rd/Russell’s Way Russell’s Way Schpeicher
Action Deadline December 3, 2009.
Attorney Howard Schpeicher represented the Applicants.
Attorney Speicher presented material before the Board stating that this matter is an appeal
of the Zoning Enforcement Officer’s refusal to issue an order requesting the lessee of the
property to discontinue using the property for unpermitted shooting. Attorney Schpeicher
informed the Board that this was an illegal activity and required a Special Permit under
the Nantucket Zoning Bylaw. Accordingly, he requested the Zoning Enforcement Officer
to enforce the Zoning Bylaw and require the lessees of the property to apply for the
necessary permits.
Marcus Silverstein, the Zoning Enforcement Officer, stated that firing a weapon is not an
illegal activity under the Nantucket Zoning Bylaw and does not require a Special Permit.
The operation of a shooting facility requires Special Permit relief; but, individuals firing
weapons does not. Further, the Zoning Enforcement Officer indicated that he had no
proof that there was any sanctioned shooting facility on site, whether or not the Nantucket
Hunting Association members were the individuals shooting, and if the shots were fired
on the property in question.
Luke Natsis of the Nantucket Hunting Association explained that the shooting was not
sanctioned or organized by the Nantucket Hunting Association.
A motion was made (Waine) and duly seconded to overturn the Zoning Enforcement
Officer’s refusal to issue a citation. The vote was 0-5 in favor (Poor, Waine, O’Mara,
Koseatac, McCarthy opposed).
052-09 Hamill/Voorhees 9 Gay Street Stetina
Action Deadline January 7, 2010.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
Attorney Jeff Stetina represented the Applicants.
Attorney Stetina informed the Board that the Applicant is requesting Special Permit relief
in order to add an addition to the preexisting, nonconforming structure.
A motion was made (Waine) and duly seconded to approve the application requested.
The vote was 5-0 in favor.
056-09 Blaney 9 New Jersey Ave D’Elia
Action Deadline February 10, 2010.
Attorney Lori D’Elia represented the Applicants.
Attorney D’Elia informed the Board that the Applicants are requesting a Special Permit in
order to make their nonconforming lot more conforming buildable lot.
A motion was made (Koseatac) and duly seconded to approve the requested relief. The
vote was 5-0 in favor.
057-09 Smith/Zarrella 127 Wauwinet Road Dale
Action Deadline February 10, 2009.
Attorney Kevin Dale represented the Applicants.
Attorney Dale explained to the Board that the Applicants are requesting to make various
modifications to the existing structure.
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.
Gale Arnold spoke as an abutter. Ms. Arnold suggested the Board look at the proposal
from a historical perspective.
A motion was made (Koseatac) and duly seconded to continue the application to the
December 10th meeting. The vote was 5-0 in favor.
054-09 Dunn 16 Federal Street Weinman
Action Deadline February 10, 2010.
Attorney Rhoda Weinman represented the Applicants.
Attorney Weinman explained that the Applicants are requesting a modification to their
existing Special Permit. Attorney Weinman presented letters of support for the proposed
modification.
A motion was made (Koseatac) and duly seconded to approve the requested relief. The
vote was 5-0 in favor.
055-09 Vallett 14 Sesapana Road Glidden
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
Action Deadline February 10, 2010.
Attorney Richard Glidden represented the Applicants.
Attorney Glidden explained to the Board that the Applicant is requesting to increase the
allowable ground cover. Because of a change in zoning years ago, most, if not all of the
properties in this particular neighborhood are nonconforming as to lot size and ground
cover.
A motion was made (Koseatac) and duly seconded to approve the requested relief. The
vote was 5-0 in favor.
058-09 Smith 5 Sparrow Drive Lenhart
Action Deadline February 10, 2010.
Charles Lenhart represented the Applicants.
Mr. Lenhart explained that the Applicants are requesting a Special Permit in order to
construct a garage on the property. The Applicants would have been allowed to construct
the garage; but, the property in question was recently rezoned and the setbacks changed.
Accordingly, the Applicants are requesting Special Permit relief in order to change the
side yard setback from ten feet to five feet.
A motion was made (Waine) and duly seconded to approve the requested relief. The vote
was 5-0 in favor.
059-09 Kolb/Rosenberg 67 Union Street Self
Action Deadline February 10, 2010.
Michelle Kolb and Eric Rosenberg represented themselves.
The Applicants explained that they wanted to construct an addition to the preexisting,
nonconforming structure. Additionally, the Applicants need a Variance in order to
construct a garage in the rear of the house.
The Board suggested the Applicants change their frontage to Coon Street, the structure
will then be conforming.
A motion was made (Waine) and duly seconded to approve the requested withdrawal of
the Application.
060-09 Gammons 11 Curlew Court Self
Action Deadline January 7, 2010. (Pg 128)
Nancy Drahzal represented the Applicant.
Ms. Drahzal stated that the issue in question is siting a shed in the setback that was
previously approved; but, after the most recent zoning change the setback changed from
ten feet to five feet. Accordingly, the shed is sited approximately 6.5 feet from the side
yard lot line.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
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