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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.