HomeMy WebLinkAboutZoning Board of Appeals Meeting Minutes, May 13, 2010_201402050842170644 TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
Minutes
Thursday, May 13, 2010
1:00 PM
2 Fairgrounds Road
Board Members in attendance: Michael O’Mara, Ed Toole, Kerim Koseatac, Lisa Botticelli, Mark Poor, Susan
McCarthy (Dale Waine arrived at 2:30)
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 (Toole) and duly seconded to approve the minutes of the April 8, 2010 ZBA
meeting. The vote was 5-0 in favor.
IV. Old Business
085-06 Reis 80 Miacomet Avenue Reade C
Action Deadline, October 26, 2010. Continued to October 14, 2010
008-10 Hall, Trustee 33 Vesper Lane Self C
Action Deadline June 9, 2010. Continued to June 10, 2010.
010-10 Arakelian, Trustee 11 Tetawkimmo Drive Self C
Action Deadline June 9, 2010. Continued to June 10, 2010.
V. New Business
032-10 Barrett 21 Somerset Road Cohen
Action Deadline August 11, 2010
The applicants requested the application be continued without opening to June 10, 2010.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
020-10 Freedman 42 Somerset Lane King
Action Deadline June 25, 2010.
Ted King represented the Applicant.
Mr. King explained that the pool equipment was sited in the setback by the owners prior
to the applicants purchasing the property.
Ed Toole wondered why the equipment was sited in the setback and whether or not this
could be moved.
A motion was made (Toole) to grant the relief requested and duly seconded. The vote
was 2-3 in favor (Toole, O’Mara, and Botticelli opposed.
023-10 Robert Ian Realty Trust 3 Cherry Street Self
Action Deadline July 30, 2010
Richard Brettschneider represented himself.
Mr. Brettschneider explained to the Board that he is requesting to validate the existence of
the undersized lot through variance relief. As this lot was legally divisible pursuant to
MGL 41-81L, variance relief was appropriate.
A motion was made (Toole) and duly seconded to approve the relief requested. The vote
was 5-0 in favor.
025-10 Rabbit Run, LLC 18 Rabbit Run Road Glidden
Action Deadline July 30, 2010
Attorney Richard Glidden represented the Applicant.
Attorney Glidden informed the Board that the Applicant would be altering the footprint of
the structure in order to reduce the overall ground cover on the locus. However, the
Applicant would be adding a detached garage in place of this reduction in ground cover.
A motion was made (Toole) and duly seconded to approve the requested relief. The vote
was 3-2 in favor (Toole and Botticelli opposed)
026-10 Sweeney 16D Milestone Road Self
Action Deadline August 11, 2010.
Michael Sweeney represented himself at the hearing.
Mr. Sweeney stated that the present nonconformity that exists on his property exists
because of an up-zoning at Annual Town Meeting. Accordingly, the proposed addition
will be in accordance with the original zoning and will not encroach into the setbacks any
further than the existing nonconformity.
A motion was made (Toole) and duly seconded to approve the requested relief. The vote
was 4-1 in favor (Poor opposed).
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
027-10 Breezin’ On Up, Inc. 48 Main Street Self
Action Deadline August 11, 2010.
Denise Olsen represented the Applicant.
Ms. Olsen explained to the Board that she is before them for a change in use permit. The
office space in the building is proposed to be converted to a dance studio specializing in
private ballroom dancing.
The Board expressed concerns regarding the number of parking spaces that would be
required.
A motion was made (Botticelli) and duly seconded to approve the requested relief. The
vote was 5-0 in favor.
028-10 Far Greater Folly, LLC 73 Squam Road Reade
Action Deadline August 11, 2010.
Attorney Arthur Reade represented the Applicant.
Attorney Reade stated that the Applicants are requesting a further modification to the
decision to clarify the size of the structure.
A motion was made (Toole) and duly seconded to grant the requested relief. The vote
was 5-0 in favor.
A second motion was made (Toole) and duly seconded to grant the Applicant a six-month
extension on his existing special permit so it did not expire. The vote was 5-0 in favor.
017-10 Far Greater Folly, LLC 73 Squam Road Reade
Action Deadline July 7, 2010.
This application was heard in conjunction with 028-10. Attorney Arthur Reade requested
that the application be withdrawn without prejudice. A motion was made (Toole) and
duly seconded. The vote was 5-0 in favor.
029-10 McBrearty 3 Paupamo Way Reade
Action Deadline August 11, 2010.
Attorney Arthur Reade represented the Applicants.
Attorney Reade informed the Board that the Applicants are requesting to make an
alteration to the pre-existing, nonconforming structure.
The Board suggested the Applicants have the work done during the off-season.
A motion was made (Toole) and duly seconded to approve the requested relief. The vote
was 5-0 in favor.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
030-10 Demby 40 Hooper Farm Road Reade
Action Deadline July 30, 2010.
Attorney Arthur Reade represented the Applicant.
Attorney Reade stated that the Applicant is requesting to divide his property so that he
creates one conforming and one non-conforming lot. Attorney Reade stated that variance
relief would be appropriate given the shape of the lot and that the Applicants are
correcting a non-conformity: the property as currently situated has two driveway accesses
when it should only have one.
The Board questioned whether or not this would be setting a dangerous precedent
regarding the creation of undersized lots.
A motion was made (Koseatac) and duly seconded to approve the requested relief. The
vote was 4-1 in favor (Toole opposed).
031-10 M.T. Nominee Trust 2 Mary Ann Drive Jensen
Action Deadline August 11, 2010.
Attorney Paul Jensen represented the Applicant.
Attorney Jensen informed the Board the Applicant was requesting a change in use and
had been in contact with the abutters in order to alleviate their concerns regarding the use
of this parcel.
A motion was made (Koseatac) and duly seconded to approve the requested relief. The
vote was 5-0 in favor.
024-10 Nant. Dreamland Found. 17 S. Water/18 Easy Hunter
Action Deadline July 30, 2010.
Attorney Jeff Stetina and Executive Director Patty Roggeveen represented the Applicant.
Attorney Stetina explained to the Board that the tent would be operating under the same
guidelines as last year; but, that the tent would be slightly larger.
A motion was made (Botticelli) and duly seconded to approve the requested relief. The
vote was 5-0 in favor.
014-10 Tilton, Trustee 5 Windy Way Hunter
Action Deadline July 7, 2010.
Attorney Jeff Stetina represented the Applicant.
Attorney Stetina reminded the Board that the crux of the issue before them was the
number of tenants present in the building.
A motion was made (Toole) and duly seconded to approve the requested relief. The vote
was 5-0 in favor.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
VI. Adjournment
A motion was made (Toole) and duly seconded to adjourn the public hearing at 4:15. The
vote was 5-0 in favor.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile