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HomeMy WebLinkAboutZoning Board of Appeals Meeting Minutes, October 08, 2009_201402050842184707 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 Minutes Thursday, October 8, 2009 1:00 PM 2 Fairgrounds Road Board Members in attendance: Michael J. O’Mara, Dale Waine, Ed Toole, Kerim Koseatac, Lisa Botticelli, Mark Poor, and Susan McCarthy. Staff: John Brescher and Venessa Moore I. Call to Order: Chairman O’Mara 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 (Waine) and duly seconded to approve the minutes of the September 10, 2009 ZBA meeting. The vote was 5-0 in favor. IV. Other Business: ƒ Minor Modification: Fronzuto – ZBA Dec. No. 081-08 David Fronzuto represented himself. Mr. Fronzuto explained to the Board that the parking layout that was attached to his previously granted Special Permit needed to be modified. Mr. Fronzuto presented the Board with an updated site plan showing the proposed parking layout. A motion was made (Waine) and duly seconded to approve the requested minor modification. The vote was 5-0 in favor. V. Old Business ƒ 085-06 Reis 80 Miacomet Avenue Reade C Action Deadline September 26, 2009. Continued to December 10, 2009 ƒ 030-07 Burnham 12½ Sherburne Turnpike Reade C 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile Action Deadline September 26, 2009. Continued to December 10, 2009 ƒ 018-09 Visco 17 Young’s Way Ranney Action Deadline February 12, 2010. Attorney Jamie Ranney represented the Applicants. Attorney Ranney refreshed the Board’s memory regarding why the Applicants were before the Board of Appeals. Specifically, the Applicants are requesting to allow the outdoor storage of porta-potties and the pump truck to be stored outside overnight. Attorney Ranney explained that the Applicants had received HDC approval for a fence to fence in the porta-potties that are stored outdoors. Additionally, Attorney Ranney explained that he had brought the matter of the Zoning Enforcement Officer’s (ZEO) fine to the District Court. At the District Court, the Clerk Magistrate determined that there was no definition for “outdoor storage” in the Bylaw and therefore the Applicant was not in violation of his existing Special Permit. Some of the abutters spoke against the application, indicating that the outdoor storage of the porta-potties would be substantially more detrimental to the neighborhood than what may presently exist. In particular, Harvey Young spoke on behalf of Lucinda Young and explained that there is no issue with the business; but, they would like the Applicant to adhere to the original Special Permit. Attorney Steven Cohen spoke on behalf of Debbie Deeley Culbertson. Attorney Cohen argued that the outdoor storage of the porta-potties would be detrimental to the neighborhood. Ron Winters spoke on behalf of his daughter. Mr. Winters stated that he was not in favor of this change to the neighborhood. Robert Young stated that he was concerned how this would detrimentally affect property values in the neighborhood. Michael Alpert questioned why this modification was being brought to the Board of Appeals and why the Applicant couldn’t adhere to the original Special Permit. Sarah Alger, speaking on behalf of Lucinda Young, stated that there was no new information since the original hearing in 2006 and that there is no basis for granting a modification of the Special Permit. Patrick Hehir stated that the request was not appropriate given the residential aspect of the neighborhood. Attorney Ranney responded to these comments by stating that visual impact and diminution of property values should not be considered by the Board of Appeals. Further, Special Permits can be modified by the Board of Appeals. A motion was made (Toole) and duly seconded to modify condition 8(e) of the previously granted Special Permit in order to allow the applicant the outdoor storage of up to 20 porta-potties. The vote was 2-3 in favor (Toole, Poor, Botticelli opposed). A separate motion was made (Toole) and duly seconded to strike condition 8(l) of the previously granted Special Permit to allow the sanitation truck to be stored outdoors overnight. The vote was 4-1 in favor (Botticelli opposed). 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile ƒ 040-09 Dalgaard 65 Surfside Road Reade Action Deadline December 9, 2009. Attorney Arthur Reade spoke on behalf of the Applicant. Attorney Reade stated that the Applicant would only be storing bicycles in the basement area and that this storage would not impact the existing parking layout that was approved by the Planning Board. A motion was made (Toole) and duly seconded to approve the requested relief. The vote was 5-0 in favor. VI. New Business ƒ 045-09 Trs. of Wigwam Rd/Russell’s Way Russell’s Way Schpeicher Action Deadline December 3, 2009. Attorney Kevin Dale represented the Applicants. Attorney Dale requested the matter be continued without being opened to the November 10, 2009 ZBA meeting. A motion was made (Toole) and duly seconded to continue the Application to the November 10, 2009 ZBA meeting. The vote was 5-0 in favor. ƒ 047-09 Siasconset Casino Assoc. 10 New Street Reade Action Deadline January 7, 2010. Attorney Arthur Reade represented the Applicant. Attorney Reade requested the Application be withdrawn without prejudice. A motion was made (Koseatac) and duly seconded to withdraw the Application without prejudice. The vote was 5-0 in favor. ƒ 048-09 Trs. of Unit 3 Madaket Realty Tr. 43B Massachusetts Ave Cohen Action Deadline January 7, 2010. Attorney Steven Cohen represented the Applicants. Attorney Cohen stated that the Applicant is requesting to alter the pre-existing, nonconforming dwelling. A motion was made (Toole) and duly seconded to approve the requested relief. The vote was 5-0 in favor. ƒ 046-09 Sharp 14 Tennessee Ave Reade Action Deadline December 26, 2009. 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile Attorney Arthur Reade represented the Applicants. Attorney Reade informed the Board that this was a reissuance of an expired Variance. A motion was made (Toole) and duly seconded to approve the requested relief. The vote was 5-0 in favor. ƒ 051-09 Ayd 1 Mattapoisett Ave Cohen Action Deadline December 26, 2010. Attorney Steven Cohen represented the Applicants. Attorney Cohen stated that the Applicants were requesting two variances. One variance would validate the structure as it presently exists. The other variance is to allow an expansion into the setback. A motion was made (Waine) and duly seconded to continue the Application to the November 12, 2009 meeting. ƒ 049-09 Nantucket Land Bank 48 Tennessee Ave Perry Action Deadline January 7, 2010. Bruce Perry of the Nantucket Land Bank represented the Applicants. Mr. Perry explained to the Board that he is requesting to rotate the structure and raise it slightly. The structure would continue to be used as storage. A motion was made (Waine) and duly seconded to approve the requested relief. The vote was 5-0 in favor. ƒ 050-09 Town of Nantucket 22 Federal Street O’Neil Action Deadline January 7, 2010. (Pg 84) Diane O’Neil and Ted Burnham represented the Applicant. Ms. O’Neil and Mr. Burnham explained that in order to provide handicap access to the Mooney Building, one parking spot would be eliminated. In order to do so, the Applicant is requesting a Special Permit to perform the renovation and a parking waiver to eliminate one required spot. A motion was made (Botticelli) and duly seconded to approve the requested relief. The vote was 5-0 in favor. A separate motion was made (Botticelli) and duly seconded to grant the requested fee waiver. The vote was 5-0 in favor. ƒ 051-09 Hamill/Voorhees 9 Gay Street Stetina Action Deadline January 7, 2010. 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile This matter was continued without being opened at the bequest of the Applicant prior to the public hearing. ƒ 052-09 Edmunds 10 Derrymore Road Edmunds Action Deadline January 7, 2010. (Pg 128) Tori Wilson represented the Applicant. Ms. Wilson explained to the Board that the Applicant is looking to validate the existing decking that is sited within the setback. The Board requested HDC plans and Ms. Wilson informed the Board that she could provide them to the Board at the November hearing. A motion was made (Koseatac) and duly seconded to continue the matter to the November 12, 2009 meeting. The vote was 5-0 in favor. VII. Adjournment A motion was made (Toole) and duly seconded to adjourn the public meeting at 3:45 PM and to enter executive session. 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile