HomeMy WebLinkAboutZoning Board of Appeals Meeting Minutes, April 8, 2010_201402050842100956 TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
Minutes
Thursday, April 8, 2010
1:00 PM
2 Fairgrounds Road
Board Members in attendance: Dale Waine, Ed Toole, Kerim Koseatac, Lisa Botticelli, Mark Poor, Carol Cross
Staff: John Brescher and Venessa Moore
I. Call to Order:
Chairman Waine called the meeting to order at 1:00 PM.
II. Approval of the Agenda:
A motion was made (Koseatac) 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 March 11, 2010
ZBA meeting. The vote was 5-0 in favor.
IV. New Business
008-10 Hall, Trustee 33 Vesper Lane Self C
Action Deadline June 9, 2010. Continued to May 13, 2010.
010-10 Arakelian, Trustee 11 Tetawkimmo Drive Self C
Action Deadline June 9, 2010. Continued to May 13, 2010.
015-10 Hauptman 43B Massachusetts Ave Cohen
Action Deadline July 7, 2010
Attorney Arthur Reade represented the Applicant.
Attorney Reade stated that due to the eroding coast in Madaket, the Applicant is
requesting to raise the height of his structure. The structure is nonconforming as there
are three dwelling units present on the lot in question. The Board determined that the
raising the height of the dwelling would not be substantially more detrimental than the
existing nonconformity.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
A motion was made (Toole) and duly seconded to approve the requested relief. The vote
was 5-0 in favor.
017-10 Far Greater Folly, LLC 73 Squam Road Reade
Action Deadline July 7, 2010
Attorney Arthur Reade represented the Applicant.
Attorney Reade stated that the locus has received multiple ZBA permits in the past and
the current Applicants would like to retain the condo status on the locus.
Ed Toole suggested the matter be continued to the following meeting so the Board had
adequate time to look at the previous decision.
A motion was made (Koseatac) and duly seconded to continue the application to the May
13, 2010 hearing. The vote was 5-0 in favor.
016-10 Sharp 14 Tennessee Ave Reade
Action Deadline June 25, 2010
Attorney Arthur Reade represented the Applicant.
Attorney Reade informed the Board that this is a simple reissuance of an existing
variance. There will be no further change to the structure; rather, the structure needs
additional relief as the zoning was recently changed at the Special Town Meeting in
December, 2009.
A motion was made (Toole) and duly seconded with the condition that there shall be a
new plan attached to the decision reflecting the change in zoning. The vote was 5-0 in
favor.
018-10 Brush, Trustee 36 Nobadeer Ave Reade
Action Deadline July 7, 2010
019-10 Surfside Partners Nant. 38 Nobadeer Ave Halstead
Action Deadline July 7, 2010
Attorney Arthur Reade and Attorney Patricia Halstead represented the Applicants for
Applications Nos. 018-10 and 019-10.
Attorneys Reade and Halstead explained to the Board that this is a yard sale issue and the
Applicants are both increasing the size of their nonconforming lots; but, not to the level of
having said lots conform to the minimum lot size requirements.
On the matter of 018-10, a motion was made (Botticelli) and duly seconded to approve the
requested relief. The vote was 5-0 in favor.
On the matter of 019-10, 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
020-10 Freedman 42 Somerset Lane King C
Action Deadline June 25, 2010. Continued to May 13, 2010.
022-10 Mayhew, Trustee 6 Daisy Way Fitzgerald
Action Deadline July 7, 2010
Attorney Julie Fitzgerald represented the Applicant.
Attorney Fitzgerald explained to the Board that the Applicant is requesting a special
permit in order to allow a four-bay garage to be used for storage and warehousing or for
the purpose of light manufacturing.
The Board had questions regarding the parking and loading zones and the amount of
screening necessary for such a process. The Board also inquired into the hours of
operation the Applicant is proposing.
A motion was made (Toole) and duly seconded to approve the requested relief. The vote
was 5-0 in favor.
In a separate motion, a motion was made (Toole) and duly seconded to approve the
submitted site plan. The vote was 5-0 in favor.
014-10 Tilton, Trustee 5 Windy Way Hunter
Action Deadline July 7, 2010
Attorney Bill Hunter represented the Applicant.
Prior to the start of the hearing, Mark Poor disclosed the fact that he had contacted the
ethics commission because he has occasional dealings with Nantucket Surveyors, even
though he does not stand to profit in any way from this particular matter.
Attorney Hunter informed the Board that the Applicant is requesting to rent their
basement to a possible tenant so long as no additional parking is required.
The Board explained to Attorney Hunter that the issue is the number of uses and tenants
in the building. This, in turn, would affect the parking.
Attorney Hunter requested the matter be continued to the May 13, 2010 meeting so that he
had ample time to consult with his client.
A motion was made (Toole) and duly seconded to continue the matter to the May 13, 2010
meeting. The vote was 5-0 in favor.
021-10 Murphy 3 Cliff Road Self
Action Deadline July 7, 2010
Kent Murphy represented himself.
Mr. Murphy stated to the Board that he is requesting a reissuance of his special permit
that was granted in 2007.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
The Board suggested that Mr. Murphy obtain a height survey prior to the issuance of a
decision.
A motion was made (Toole) and duly seconded to approve the requested relief. The vote
was 4-0 in favor.
V. Adjournment
A motion was made (Toole) and duly seconded to adjourn the public hearing and enter
executive session at 3:45 P.M. The vote was 7-0 in favor.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile