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HomeMy WebLinkAboutZoning Board of Appeals Meeting Minutes, November 10, 2011_201402050842176582 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 Minutes Thursday, November 10, 2011 1:00 PM 4 Fairgrounds Road Board Members in attendance: Ed Toole, Michael J. O’Mara, Dale Waine, Kerim Koseatac, Lisa Botticelli, Mark Poor, Susan McCarthy, and Michael Angelastro. Staff: John Brescher I. Call to Order: Chairman Toole called the meeting to order at 1:05 PM. II. Approval of the Agenda: A motion was made (Waine) 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 (Botticelli) and duly seconded to approve the minutes of the October 13th ZBA hearing, as revised. The vote was 5-0 in favor. IV. Old Business  085-06 Reis 80 Miacomet Avenue Reade C Action Deadline, April 26, 2012. Continued to April 12, 2011.  048-11 Finback Homeowners Assoc. Tr. 64 Somerset Road Hanley W Action Deadline April 22, 2012. The Applicant requested that the matter be withdrawn without prejudice. A motion was made (O’Mara) and duly seconded to approve the requested relief. The vote was 5-0 in favor.  050-11 O’Banion 29 Daffodil Lane Glidden Action Deadline November 3, 2011. Attorney Jessie M. Glidden represented the Applicant. Attorney Glidden reviewed what had happened at the last hearing and since then, the Applicant has created an LLC for the business. 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile Attorney Arthur Reade, representing clients, spoke against the application and believed the home occupation exception in the bylaw was used to obviate the Zoning Bylaw. Leslie Woodson Snell, the Town’s Senior Planner, spoke on behalf of the Planning Board. Ms. Snell recommended that the Board find that the applicant’s business can be categorized as a home occupation use and that the Cease and Desist Order of the Zoning Enforcement Officer be overturned. Attorney Glidden went over the definition of the home occupation use as described in the Zoning Bylaw. Marcus Silverstein, the Zoning Enforcement Officer, clarified his position by explaining the level of commercial activity he has seen with the home occupation use permits. The Board suggested that given the change in ownership to an LLC, the Applicant apply to the Building Department for a home occupation use permit. A motion was made (Waine) and duly seconded to continue the matter to the December 8th hearing. The vote was 5-0 in favor.  064-11 Kenneth C. Coffin, Inc. Rear Plainfield Halstead Action Deadline January 11, 2012. Attorney Patricia Halstead represented the Applicant. Ms. Halstead reviewed what had happened at the last hearing and again explained the history of the parcel. Attorney Sarah Alger, representing some of the abutters, suggested Variance relief may be more appropriate because of issues with title and merger. A motion was made (O’Mara) and duly seconded to find that no relief is necessary. The vote was 5-0 in favor. Documents Referenced: ▪ Application submitted by Patricia Halstead V. New Business  063-11 Rabbit Run, LLC 18 Rabbit Run Road Glidden Action Deadline January 11, 2012. Attorney Richard Glidden represented the Applicants. Attorney Glidden explained to the Board the issues regarding the front yard setback and the miscalculation in the 25 feet of ground cover. The Board requested that the Applicant bring additional information so they could determine when the error took place. A motion was made (Botticelli) and duly seconded to continue the matter to the December 8th hearing. The vote was 5-0 in favor. 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile  065-11 White Whale Lane, LLC 54 Tennessee Avenue Reith Action Deadline January 11, 2012. Attorney Richard Glidden represented the Applicant. Attorney Glidden explained to the Board that the Applicant is requesting a Special Permit for an alteration that will be no closer to the setback than the preexisting nonconforming structure. A motion was made (Waine) and duly seconded to approve the requested relief. The vote was 5-0 in favor. Documents Referenced: ▪ Application submitted by Norman Reith  070-11 Town of Nantucket Madaket Road Sinatra Action Deadline January 28, 2012. Lauren Sinatra and Whitey Willauer represented the Applicant. Ms. Sinatra and Mr. Willauer explained to the Board the nature of the Application. Mark Poor noted that he is pro-wind and asked if anyone in the audience would like him to recuse himself. Some members did and Mr. Poor was subsequently replaced by Mr. O’Mara. Attorney Arthur Reade, representing Mary Lou Unruh of Long Pond Drive, informed the Board that his client is very much in opposition to the proposed project and questioned whether or not the Zoning Board of Appeals had the proper jurisdiction to hear this matter. Chairman Toole also questioned whether or not the Board of Appeals was the proper venue for this application and requested that the matter be referred to Town Counsel’s Office to determine whether or not the Board of Appeals should hear this matter. A motion was made (Angelastro) and duly seconded to continue this matter to the December 8th hearing in order to ascertain the proper jurisdiction. The vote was 5-0 in favor.  071-11 Bunevich and Merson 71 Baxter Road Self Action Deadline February 25, 2012. John Merson represented himself at the hearing. Mr. Merson explained that due to the eroding coastal bluff, the air conditioning units were sited in the setback when the dwelling was relocated. Accordingly, a Special Permit can be issued to reduce the side yard setback from ten (10) feet to five (5) feet. A motion was made (Botticelli) 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 Documents Referenced:  Application submitted by John Merson  072-11 North Beach Street Realty Trust, Murphy Tr. 9 No. Beach St. Weinman Action Deadline January 28, 2012. Attorney Rhoda Weinman represented the applicant at the hearing. Attorney Weinman explained to the Board that the Applicant is just requesting to bless the lot as buildable pursuant to the ANR plan endorsed and MGL Ch. 41-81L. A motion was made (Angelastro) and duly seconded to approve the requested relief. The vote was 4-1 in favor. Documents Referenced:  Application submitted by Attorney Rhoda Weinman  076-11 Nantucket Housing Authority Surfside Road Singer Action Deadline April 20, 2012. Attorney Andrew Singer, Renee Ceeley, and Gisele Gauthier represented the Applicant. Attorney Singer informed the Board that this was to be an introductory meeting and that he was here on behalf of HAC (Housing Assistance Corporation). Ms. Ceeley, the director of the Nantucket Housing Authority, explained her role in this process and gave a brief history of the parcel. Ms. Gauthier further described the original plan HAC of Cape Cod had for the property and how, due to various circumstances, those plans needed to be modified. Mr. Singer further gave a brief overview of the 40B process. Mr. Marchant, the technical consultant for this 40B, explained that he is being paid by a grant from Mass. Housing Partnership and then added another overview and synopsis of the 40B process. Mr. Marchant requested the Applicant provide further clarification regarding certain details in the application. After listening to the presentation, the Board asked the Applicant to give a more thorough presentation at the December 8th hearing. A motion was made (Botticelli) and duly seconded to continue the application to the December 8th hearing. The vote was 5-0 in favor.  073-11 Lamb 134 Main Street Perkins Action Deadline February 25, 2012. The contractor for the application presented the matter. After reviewing the application, the Board asked for further clarification to determine the number of dwellings existing on the Locus. A motion was made (Koseatac) and duly seconded to continue the matter to the December 8th hearing. 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  074-11 Joan G. Rubin Mass. Realty Trust, Rubin Tr. 20 Sherburne Tpk. Reade Action Deadline February 25, 2012. Attorney Arthur Reade represented the Applicant. Attorney Reade explained to the Board that there the proposed alteration would not increase the nonconforming nature of the property. A motion was made (Botticelli) and duly seconded to approve the requested relief. The vote was 5-0 in favor. Documents Referenced:  Application submitted by Attorney Arthur Reade VI. Adjournment A motion was made (Koseatac) and duly seconded to adjourn the hearing at 4:00 pm.