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TOWN OF NANTUCKET
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BOARD OF APPEALS �
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NANTUCKET, MA 02554
Minutes
Thursday, April 12, 2012
1:00 PM
4 Fairgrounds Road
Board Members in attendance: Ed Toole, Michael J. O'Mara, Kerim Koseatac, Lisa Botticelli (arrived at 2:21 pm),
Mark Poor, and Susan McCarthy.
Board Members absent: Dale Waine, and Michael Angelastro
Staff: John Brescher
I. Call to Order:
Chairman Toole called the meeting to order at 1:06 PM.
IL Approval of the Agenda:
Chairman Toole announced that because Ms. Botticelli would be running late, the Board would
be taking agenda items out of order. A motion was made (O'Mara) and duly seconded to approve
this modification to the agenda. 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 March 8, 2012. The
vote was 5 -0 in favor.
IV. Other Business: Technical Amendment Request — 2 & 6 Center Street, Siasconset (File Nos. 057 -11,
058 -11)
Attorney Jessie Glidden represented the Applicant. Attorney Glidden explained to the Board that
the Applicant is requesting a technical amendment in order to modify the existing "Exhibit B"
which described the order in which the work would be completed.
There was a discussion between the Board as to whether or not type of technical amendment was
a substantive change to the decision or not. The Board determined that it was not a substantive
change because the relief granted by the decision was not altered by changing the order in which
the work was completed. A motion was made (O'Mara) and duly seconded. The vote was 4 -0 in
favor (Toole, O'Mara, Koseatac, McCarthy. Poor abstained.).
■ Technical Amendment Request — 26 Sesapana Road (File No. 061 -11)
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508 - 228 -7298 facsimile
Nancy Drahzal represented the Applicant. Ms. Drahzal explained to the Board that there was an
error in calculating the ground cover ratio in the application and this number needed to be
corrected.
A motion was made (Koseatac) and duly seconded to approve the requested technical
amendment. The vote was 5 -0 in favor (Toole, O'Mara, Koseatac, McCarthy, Poor).
V. Continuances
The following items were continued without opening
■ 085 -06 Reis 80 Miacomet Avenue Reade
Action Deadline, October 26, 2012. Continued to October 11, 2012.
■ 050 -11 O'Banion 29 Daffodil Lane Glidden
Action Deadline May 3, 2012. Continued to May 10, 2012.
■ 007 -12 Winters 147 Main Street Cohen
Action Deadline October 7, 2012.
■ 013 -12 Koseatac 2 Chester St /30 N. Water St. Cohen
Action Deadline May 12, 2012.
■ 015 -12 Jaxtimer 22 Willard Street D'Elia
Action Deadline June 7, 2012.
VI. New Business:
■ 025 -12 Glidden, Trustee 77 Main Street Glidden
Action Deadline July 11, 2012.
Attorney Jessie Glidden represented the Applicant.
Attorney Glidden explained to the Board that the Applicant is requesting Special Permit
relief in order to alter a preexisting nonconforming structure without increasing the
nonconforming nature of said structure. The dormers would be constructed to the rear of
the structure and although the dormers would be above the allowed height of the
structure, they would still be beneath the ridge height.
Ted Gillete, the property owner, stated that the direct abutters are in favor of this project.
A motion was made (Poor) and duly seconded to approve the requested relief. The vote
was 5 -0 in favor (Toole, O'Mara, Koseatac, McCarthy, Poor).
Documents Referenced:
• Application submitted by Attorney Jessie M. Glidden.
■ 024 -12 Kaye
Action Deadline July 11, 2012.
17 Top Gale Lane Halstead
Attorney Patricia Halstead represented the Applicant.
Attorney Halstead explained to the Board that the Applicant is requesting Special Permit
relief in order to alter the preexisting nonconforming structure without increasing the
nonconforming nature of said structure. There will be no change in ground cover and the
majority of the work will be inside the structure.
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508 - 228 -7298 facsimile
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A motion was made (Poor) and duly seconded to approve the requested relief. The vote
was 5 -0 in favor (Toole, O'Mara, Koseatac, McCarthy, Poor).
Documents Referenced:
• Application submitted by Attorney Patricia Halstead.
027 -12 McPhee and Gilson
Action Deadline July 12, 2012
147 Polpis Road Alger
Attorney Sarah Alger represented the Applicant.
Attorney Alger explained to the Board that the Applicants are requesting to modify the
original Variance in order to receive relief from the 20% size differential between primary
and secondary dwellings because of a conservation restriction held by the Nantucket
Land Council.
A motion was made (Poor) and duly seconded to approve the requested relief. The vote
was 5 -0 in favor (Toole, O'Mara, Koseatac, Poor, McCarthy).
Documents Referenced:
• Application submitted by Attorney Sarah Alger.
028 -12 Alger, Trustee
Action Deadline July 11, 2012
82 Easton Street Alger
Attorney Sarah Alger represented the Applicant.
Attorney Alger explained to the Board that the Applicant is requesting to revert the use
back to a single - family dwelling and to alter the existing structure.
A motion was made (Poor) and duly seconded to approve the requested relief. The vote
was 4 -0 in favor (Toole, O'Mara, McCarthy, Poor).
Documents Referenced:
• Application submitted by Attorney Sarah Alger.
080 -11 Seas the Day, LLC 77 Vestal Street Reade
Action Deadline September 10, 2012.
Attorney Arthur Reade and Bill McGuire represented the Applicant.
Attorney Reade and Mr. McGuire illustrated the severe topography of the Locus. The
Board suggested the Applicant consider other alternatives to see if Variance relief would
not be necessary.
A motion was made (Botticelli) and duly seconded to continue the matter to the May 101h
hearing. The vote was 5 -0 in favor (Toole, O'Mara, Koseatac, Botticelli, McCarthy).
■ 016 -12 Young, Trustee
Action Deadline June 6, 2012.
25 Young's Way Glidden
Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508 - 228 -7298 facsimile
Attorney Richard Glidden represented the Applicant.
Attorney Glidden explained to the Board that the matter was re- noticed in order to
reference the outdoor storage relief requested. The Board discussed the propose use and
whether or not it would be in harmony with the purpose and intent of the Bylaw.
A motion was made (Botticelli) and duly seconded to approve the requested relief. The
vote was 4 -1 in favor (O'Mara, Botticelli, Koseatac, McCarthy voted in favor; Toole
opposed).
Documents Referenced:
• Application submitted by Attorney Richard Glidden.
■ 020 -12 Toraby 11 Bank Street, Siasconset Palenski
Action Deadline June 7, 2012.
Paul Palenski represented the Applicant.
Mr. Palenski brought a revised site plan to the Board of Appeals hearing to show where
the proposed renovation would be located relative to the setback. The Board suggested
revising the proposed construction so that the renovation would not encroach any further
into the setback than the existing structure.
A motion was made (Koseatac) and duly seconded to continue the matter to the May 10th
ZBA hearing. The vote was 5 -0 in favor (Toole, O'Mara, Koseatac, Botticelli, McCarthy).
076 -11 Nantucket Housing Authority Surfside Road Singer
Action Deadline April 20, 2012.
Attorney Andrew Singer represented the Applicant at the hearing.
Attorney Singer informed the Board that he was there to request a continuance and to find
a suitable date to hold the next hearing. The Board and the Applicant discussed various
possibilities and extending the action deadline. The Board and the Applicant ultimately
agreed upon continuing the matter to noon on May 10th and extending the action deadline
to June 14th. A motion was made (Botticelli) and duly seconded to continue the matter
and extend the action deadline to the respective dates. The vote was 5 -0 in favor (Toole,
O'Mara, Koseatac, Botticelli, Poor).
030 -12 Riseborough
Action Deadline July 11, 2012.
17'/2 Old South Road Self
Denise Riseborough represented herself at the hearing.
Ms. Riseborough explained to the Board the proposal to convert the existing space into a
take -out food establishment that would have no interior spaces and no loading zone.
Leslie Woodson Snell of the Planning Office spoke in favor of the application. Ms. Snell
indicated that at the April 9th Planning Board meeting, the Planning Board voted to
support this application.
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508 - 228 -7298 facsimile
Attorney Arthur Reade, representing an abutter, expressed concerns regarding the
proposed loading zone waiver. Specifically, Attorney Reade recommended that the
possibility of a loading zone be examined because Old South Road is such a high traffic
area.
The Board suggested the Applicants recess for a few minutes to discuss the various
possibilities of finding somewhere on the Locus for a loading zone. A motion was made
(Botticelli) to allow the hearing to be temporarily recessed in order for the Applicant to
discuss the loading zone issue with the abutters.
At 4:31 pm the matter was resumed and the Applicant agreed to construct a loading zone,
which would be available until 11:00 am, over parking spaces 1a, 2a, 3a, and 4a.
A motion was made (Koseatac) and duly seconded to approve the requested relief. The
vote was 5 -0 in favor.
Documents Referenced:
• Application submitted by Denise Riseborough.
026 -12 Featherstonaugh Family QS Trust 63 Surfside Road Ewing
Action Deadline July 11, 2012
Tori Ewing represented the Applicant.
Ms. Ewing discussed the need for Special Permit relief in order to convert the structure
into a take -out establishment. The Board brought up the easement issue between the
property in question and the abutting property. The Board suggesting continuing the
application to the May 10th hearing in order to obtain more information about this
easement.
A motion was made (Koseatac) and duly seconded to continue the matter to the May 10th
hearing. The vote was 5 -0 in favor.
022 -12 4 Butterfly Lane Nominee Trust 4 Butterfly Lane Mills
Action Deadline July 11, 2012.
Doug Mills represented the applicant.
Mr. Mills explained to the Board that the proposed alteration will not increase the
nonconforming nature of said structure because the proposed alteration will be entirely
outside of the setback.
A motion was made (Botticelli) and duly seconded to approve the requested relief. The
vote was 5 -0 in favor.
021 -12 Nantucket Planning Board /BOS 17 Chuck Hollow Road Self
Action Deadline June 6, 2012.
Attorney Jonathan Silverstein represented the appellants - the Nantucket Planning Board
and Board of Selectmen.
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508 - 228 -7298 facsimile
Attorney Silverstein initially requested the matter be continued in light of the approval
granted to 17 1/201d South Road, but upon further deliberation with Ms. Riseborough and
her counsel, the Appellant decided to proceed.
Attorney Silverstein discussed the definition of what a home occupation use is and
whether or not the proposed use of a pizza delivery business is considered accessory to the
principal use on the Locus.
Denise Riseborough, and her counsel, Attorney Lindsey Strauss, discussed how the
proposed business met the definition of a home occupation. The two went through the
ordering mechanism via PowerPoint and went into great detail describing the proposed
use on the Locus.
Marcus Silverstein, the Zoning Enforcement Officer, explained why he felt he needed to
issue the home occupation permit for this proposed use. Mr. Silverstein discussed the
constraints of the bylaw and how if the applicant is able to meet the requirements of said
bylaw, then such a use is allowed. Steve Butler, the Building Commissioner, agreed with
Mr. Silverstein.
Bruce Mojur, a resident of Tom Nevers, spoke against the application. Mr. Mojur
believed that this type of use would drastically alter the nature of the neighborhood.
Richard Pooler, a resident of Tom Nevers, also spoke against the application.
Liz Trillios, a resident of Tom Nevers, expressed concerns about the delivery trucks
coming by a residential neighborhood.
Gail Huntley, a resident of Tom Nevers, also expressed concerns about the increased
traffic because of this proposed business.
Jon Trillios, a resident of Tom Nevers, felt that this type of business was too intense for
the neighborhood.
Attorney Arthur Reade, representing Steven Cohen, argued that this type of business
exceeded the bounds of the home occupation bylaw.
Brendan Smith, a resident of Tom Nevers, felt that this type of intensity is more
appropriate in Old South Road.
Dual McIntyre, the president of the Tom Nevers Civic Association, spoke against the
application.
Lucretia Voigt spoke in favor of the application and to the character of Denise
Riseborough.
Dix Chevalier, a resident of Tom Nevers, explained to the Board that with the previous
ZBA decision, the Board, the Applicant, and the neighborhood were able to negotiate
conditions.
Claire Seaquist, a resident of Tom Nevers, spoke in favor of the business.
John McDermott, a resident of Tom Nevers, informed the Board that he is a commercial
landlord downtown and that the commercial trucks are too large for a residential
neighborhood.
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508 - 228 -7298 facsimile
Debra Klinesborne spoke in favor of the application and suggested the Board consider
that given the constraints existing in the Bylaw, how large -scale the business could be.
Laurie Gilmore, a resident of Tom Nevers, spoke against the application and urged the
Board to consider the safety of the residents in the neighborhood.
Arnie Seaquist, a resident of Tom Nevers, spoke against the application because
approving this type of business would set an unfortunate precedent.
Leslie Woodson Snell mentioned that the Planning Board and Board of Selectmen had
discussed this appeal at great length and had deliberated whether or not to appeal the
issuance of the permit.
Attorney Silverstein also discussed the incompleteness of the record because the building
department files were never transmitted to the Board of Appeals.
The Board deliberated and considered continuing the matter, but Ms. Riseborough asked
the Board to make a decision at this hearing. The Board considered the ramifications and
the intensity of the use and how it fit within the definition of a home occupation in the
Bylaw.
A motion was made (McCarthy) and duly seconded to sustain the appeal of the Planning
Board /Board of Selectmen and overturn the issuance of the permit issued by the Zoning
Enforcement Officer. The vote was 5 -0 in favor (Toole, Koseatac, Botticelli, Poor,
McCarthy).
Documents Referenced:
• Application submitted by The Nantucket Planning Board and Board of Selectmen.
VII. Administrator's Report:
■ Discussion of Zoning Administrator responsibilities
John Brescher, the Zoning Board of Appeals administrator, asked the Board to appoint him
Zoning Administrator and to delegate some of the powers to him.
A motion was made (O'Mara) and duly seconded to appoint Mr. Brescher as Zoning
Administrator. The vote was 6 -0 in favor (Toole, O'Mara, Botticelli, Koseatac, McCarthy, Poor).
A motion was made (Koseatac) and duly seconded to delegate to the Zoning Administrator the
powers to determine that any alteration, reconstruction, extension or structural change to a
structure does not increase its nonconforming nature, as well as the power to determine if any
other alteration in size, shape, boundary, ground coverage, or frontage to a preexisting,
nonconforming lot that does not increase an existing or create a new nonconformity is
substantially more detrimental to the neighborhood. The vote was 6 -0 in favor (Toole, O'Mara,
Botticelli, Koseatac, McCarthy, Poor).
VIII. Adjournment
A motion was made (McCarthy) and duly seconded to adjourn the hearing at 7:30 pm.
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508 - 228 -7298 facsimile