HomeMy WebLinkAboutZoning Board of Appeals Meeting Minutes, November 18, 2010_201402050842183301 TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
Minutes
Thursday, November 18, 2010
1:00 PM
2 Fairgrounds Road
Board Members in attendance: Michael O’Mara (left at 2:40), Ed Toole, Kerim Koseatac, Lisa Botticelli, Mark
Poor, Susan McCarthy, Michael Angelastro
Board Members absent: Dale Waine
Staff: John Brescher and Venessa Moore
I. Call to Order:
Chairman Toole called the meeting to order at 1:06 PM.
II. Approval of the Agenda:
A motion was made (O’Mara) 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 14, 2010
ZBA meeting. The vote was 5-0 in favor.
IV. Other Business:
There was no other business at the hearing.
V. Old Business
085-06 Reis 80 Miacomet Avenue Reade C
Action Deadline, April 26, 2011. Continued to April 14, 2011
VI. New Business
058-10 DeMarco 9 India Street DeMarco
Action Deadline February 16, 2011.
Don DeMarco represented himself at the hearing.
Mr. DeMarco explained to the Board that he is requesting to modify his existing ZBA
decision to allow for an outdoor service station and outdoor seating, as well as to waive
any additional parking that will be required pursuant to this request.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
Attorney Keith Yankow, representing the Masters, who abut the property, stated that the
proposal should not be allowed as this will increase the noise and impact the peace and
well-being of his clients.
David Masters, an abutter, spoke against the application as well.
Cielo Masters, an abutter, spoke against the application by stating that her bedroom
window faces the proposed seating area and the increased noise will negatively impact
her.
Andrew Willauer, an abutter at 2 India Street, stated that he too was against the
Application because of the amount of noise the proposed seating would generate.
Mr. DeMarco countered these arguments by explaining the nature of his business and the
clientele he attracts.
A motion was made (O’Mara) and duly seconded to continue the application to the
December 9th hearing in order for the Board to visit the location of the proposed seats.
The vote was 5-0 in favor.
Documents referenced:
ZBA Application submitted by Donald DeMarco
Letter submitted by Attorney Keith Yankow
Various letters of support submitted by Donald DeMarco
059-10 Rushmore 27 Walsh Street Maury
Action Deadline February 16, 2011.
Beth Maury represented the Applicant.
Ms. Maury explained that the Applicant is requesting Special Permit relief in order to alter
the existing dwelling. There was a discrepancy on the site plan so the Board requested
that the matter be suspended in order for the Applicant to provide the Board with a larger
site plan.
Upon receiving the larger site plan, the Board noted that one of the measurements was not
listed on the plan; but, it was ascertained the structure was far enough outside the setback
that the distance would not be germane to the Board’s analysis.
A motion was made (Angelastro) and duly seconded to approve the requested relief. The
vote was 5-0 in favor.
Documents referenced:
ZBA Application submitted by Beth Maury
Site plan submitted by Beth Maury, prepared by Blackwell and Associates, Inc.,
dated October 16, 2009
060-10 Walker 104 Baxter Road Glidden
Action Deadline February 2, 2011.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
Attorney Richard Glidden represented the Applicant.
Attorney Glidden stated that the Applicant would like Variance relief in order to further go
over the allowable ground cover on the Locus.
Attorney Whit Gifford, representing Paul Judy, stated that he and his clients did not
believe there was a basis for Variance relief as the property is not immediately threatened
by any coastal erosion.
A motion was made (O’Mara) and duly seconded to approve the requested relief. The
vote was 1-4 in favor (O’Mara, Koseatac, Botticelli, and Toole opposed).
Documents referenced:
ZBA Application submitted by Richard Glidden
063-10 Georgantas 9 Howard Street Glidden
Action Deadline February 16, 2011.
Attorney Richard Glidden represented the Applicant.
Attorney Glidden stated that the Applicant is requesting the Board validate the existence
of the steps leading from the front door that were created when the Applicant renovated
the dwelling.
Christopher Sekhel, the contractor from the project, explained how the steps came to be
sited in the front yard setback.
Mark Poor asked if the Applicants had any pictures showing the grade and the location of
the steps. Attorney Glidden provided the Board with said pictures.
Marianne Hanley, representing the contract purchasers, explained that during the HDC
process, the HDC wanted to see a front door and the building code requires steps leading
from the front door.
A motion was made (McCarthy) and duly seconded to approve the requested relief. The
vote was 3-2 (Poor and Toole opposed).
Documents referenced:
ZBA Application submitted by Richard Glidden
Pictures of Locus submitted by Richard Glidden
061-10 Quinn 15 New Lane Stetina
Action Deadline February 16, 2011.
Attorney Jeff Stetina represented the Applicant.
Attorney Stetina explained to the Board that the relief requested is due to an unintentional
setback intrusion that was perpetrated by the Surveyor at the time.
A motion was made (Poor) 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
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
Documents referenced:
ZBA Application submitted by Jeff Stetina
Site Plan submitted by Jeff Stetina, prepared by Bracken Engineering, dated
September 13, 2010
062-10 Holly Farm Realty Trust 290 Polpis Road Stetina
Action Deadline February 16, 2011
Attorney Jeff Stetina represented the Applicant.
Attorney Stetina explained to the Board that the relief requested to the preexisting
nonconforming structure would not be any more nonconforming than what exists.
A motion was made (Angelastro) and duly seconded to approve the requested relief. The
vote was 5-0 in favor.
Documents referenced:
ZBA Application submitted by Jeff Stetina
Site Plan submitted by Jeff Stetina, prepared by Bracken Engineering, dated October
13, 2010
064-10 Weld 16 Gardner Road D’Elia
Action Deadline February 16, 2011
Attorney Lori D’Elia represented the Applicant.
Attorney D’Elia explained to the Board that the relief requested to the preexisting
nonconforming structure would not be any more nonconforming than what exists.
A motion was made (Angelastro) and duly seconded to approve the requested relief. The
vote was 5-0 in favor.
Documents Referenced:
ZBA Application submitted by Lori D’Elia
Site Plan submitted by Lori D’Elia, prepared by Earle & Sullivan, Inc., dated
September 21, 2010
VII. Adjournment
A motion was made (Botticelli) and duly seconded to adjourn the hearing at 3:00 and enter
executive session. The vote was 6-0 in favor.