HomeMy WebLinkAboutZoning Board of Appeals Meeting Minutes, October 14, 2010_201402050842190019 TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
Minutes
Thursday, October 14, 2010
1:00 PM
2 Fairgrounds Road
Board Members in attendance: Michael O’Mara, Ed Toole, Dale Waine, Kerim Koseatac (left at 3:00), Lisa
Botticelli, Mark Poor, Susan McCarthy, Michael Angelastro
Staff: John Brescher and Venessa Moore
I. Call to Order:
Chairman Toole called the meeting to order at 1:07 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 (Waine) and duly seconded to approve the minutes of the September 9, 2010
ZBA meeting. The vote was 5-0 in favor.
IV. Old Business
085-06 Reis 80 Miacomet Avenue Reade C
Action Deadline, April 26, 2011. Continued to April 26, 2011
039-10 Abrem Quary Homeowners Assoc. So. Shore Rd. Hunter
Action Deadline March 8, 2011.
Attorney Jeff Stetina represented the Applicants.
Attorney Stetina explained the history of the Application and reminded the Board what
had transpired during the previous two public hearings. Attorney Stetina informed the
Board that the Applicants’ request has been modified slightly so that they are now
requesting a waiver for only the 7 affordable units and the 1 elderly unit.
Tracy MacDonald, speaking as a representative of the Abrem Quary Homeowners
Association, suggested that this was a good compromise for the Board.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
Brian McQuade, an abutter, spoke to the application and urged the Board to support the
privilege fee waiver for the affordable units and the elderly unit.
The Board further discussed the formula used to determine affordability and what should
happen if any homeowners ever had to sell their house. Also, discussions focused on what
would happen if the homeowners did not pay this fee.
Rich Atherton, speaking as a member of the public, stated that he was opposed to this fee
waiver.
Michael Kopko, speaking as a member of the public, agreed with Mr. Atherton and felt
that the fee should be paid.
Catherine Ancero, speaking as one of the homeowners in Abrem Quary, explained that
she was in favor of granting the fee wavier.
Mark Poor commented that he felt the neighborhood has done a lot for the sewer system
in Surfside.
Patty Roggeveen, speaking as an individual, noted that she would entertain hearing the
matter as a member of the Sewer Commission should the Applicants decide to reapply.
A motion was made (Waine) and duly seconded to approve the request to waive the
privilege fee for the 7 affordable units and the 1 elderly unit. The vote was 5-0 in favor.
Documents referenced:
ZBA Application submitted by Bill Hunter
Comprehensive Permits for Abrem Quary and Rugged Scott, LLC
Letter from Town Administration in opposition to granting the requested privilege
fee waiver
032-10 Barrett 21 Somerset Road Cohen
Action Deadline February 11, 2011.
Attorney Steven Cohen represented the Applicants.
Attorney Cohen gave a brief recap to the Board about the last hearing and what new
documents have been submitted.
Michael Angelastro asked if the new conditions are something that the neighbors have
agreed to.
Attorney Cohen explained the impetus behind the conditions and how they arrived at
these conditions.
Michael O’Mara asked what the timetable is for removing the vehicles and Ed Toole
asked if all the vehicles are owned by the Barretts.
Attorney Sarah Alger, representing the Stantons and Peter Boyce and Mary Saffell,
mentioned that her clients’ biggest concern has been enforcement.
Lisa Botticelli suggested that, should the Board approve this Special Permit, they revist
the permit to determine the effectiveness of the permit and the conditions.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
Michael Angelastro agreed with Ms. Botticelli and suggested the Applicants submit a
report to the Board by June 15th and October 15th of 2011.
Marianne Stanton, speaking as an abutter, explained her concerns to the Board regarding
the Police being able to enforce any complaints.
Ed Toole requested the Applicant provide proof of ownership for some of the vehicles on
site.
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 Steven Cohen
The contents in File Nos. 087-07, 074-08
Letters from various abutters to the Locus
048-10 RPJ, LLC 93 Hinsdale Road Wilson
Action Deadline November 29, 2010.
Leo Asadoorian represented the Applicant.
Mr. Asadoorian presented the Board an updated parking plan showing the new parking
configuration.
A motion was made (Botticelli) and was duly seconded to approve the requested relief.
The vote was 5-0 in favor.
Documents referenced:
ZBA Application submitted by Michael Wilson
Pictures of the locus submitted by Michael Wilson
Site plan submitted by Leo Asadoorian, prepared by Blackwell and Associates, dated
October 4, 2010
V. New Business
053-10 Walker/Marshall 23 Commercial Wharf Guay
Action Deadline January 12, 2011.
Attorney Joe Guay represented the Applicant.
Attorney Guay explained that the Applicant is requesting to cure one of the existing
nonconformities one the locus; but, other nonconformities will remain. The Applicant is
proposing to raise the structure.
The Board questioned the location of the air conditioner unit and why it had to be sited in
the setback. The Board felt that this was inappropriate given the proximity of the unit to
the neighboring property and that the unit would be sited in the westerly side yard
setback.
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 with the
condition that the air conditioner unit not be sited in the setback. The vote was 5-0 in
favor.
Documents referenced:
ZBA Application submitted by Joe Guay
Pictures of the locus submitted by Joe Guay
Site plan submitted by Joe Guay, prepared by Smith and Hutton, Inc., dated
September 17, 2010
054-10 Cross, Trustee 34 India Street Reade
Action Deadline January 12, 2011.
Attorney Arthur Reade represented the Applicant.
Attorney Reade described the scope of work proposed and how it would not be
substantially more detrimental to the neighborhood than the existing nonconformities.
A motion was made (Waine) and duly seconded to approve the requested relief. The vote
was 5-0 in favor.
Documents referenced:
ZBA Application submitted by Steven Cohen
Site plan submitted by Steven Cohen, prepared by Charles W. Hart and Associates,
Inc., dated September 9, 2010
055-10 Geisenheimer 3 Kite Hill Lane Reade
Action Deadline January 12, 2011.
Attorney Arthur Reade represented the Applicant.
Attorney Reade explained to the Board that the Applicant is requesting to construct an
upwards addition in the same footprint as what presently exists on the Locus.
A motion was made (Waine) and duly seconded to approve the requested relief. The vote
was 5-0 in favor.
Documents referenced:
ZBA Application submitted by Arthur Reade
Site plan submitted by Arthur Reade, prepared by Charles W. Hart and Associates,
Inc., dated November 28, 2006
056-10 Kalman 40 Mary Ann Drive Reade
Action Deadline January 3, 2011.
This application was heard in conjunction with No. 057-10
057-10 Kalman 42 Mary Ann Drive Reade
Action Deadline January 3, 2011.
Attorney Arthur Reade represented the Applicant.
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
Attorney Reade explained why the Applicant was before the Board of Appeals – that there
was an inadvertent omission in the Zoning Bylaw and that while the Planning Board
would ordinarily have jurisdiction over a matter such as this, due to said omission the
Zoning Board has the authority to grant a Variance allowing the Applicant to create
residential secondary lots in the R-5 zoning district.
A motion was made (Waine) and duly seconded to approve the requested relief. The vote
was 5-0 in favor.
Documents referenced:
ZBA Applications submitted by Arthur Reade
Letter of support from Planning Director Andrew Vorce, dated October 14, 2010
VI. Other Business
VII. Adjournment
A motion was made (O’Mara) and duly seconded to adjourn the hearing at 3:55. The vote was 5-0
in favor.