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HomeMy WebLinkAboutZoning Board of Appeals Meeting Minutes, September 9, 2010_201402050842194551 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 Minutes Thursday, September 9, 2010 1:00 PM 2 Fairgrounds Road Board Members in attendance: Michael O’Mara, Ed Toole, Kerim Koseatac (left at 2:20), Lisa Botticelli, Mark Poor, Susan McCarthy, Michael Angelastro (arrived at 1:20) Board Members absent: Dale Waine Staff: John Brescher, Venessa Moore, and Thea Gudonis I. Call to Order: Chairman Toole called the meeting to order at 1:05 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 (O’Mara) and duly seconded to approve the minutes of the August 12, 2010 ZBA meeting. The vote was 5-0 in favor. IV. Old Business  085-06 Reis 80 Miacomet Avenue Reade C Action Deadline, October 26, 2010. Continued to October 14, 2010  032-10 Barrett 21 Somerset Road Cohen C Action Deadline February 11, 2011. Continued to October 14, 2010.  039-10 Abrem Quary Homeowners Assoc. So. Shore Rd. Hunter C Action Deadline March 8, 2010. Continued to October 14, 2010. V. New Business  048-10 RPJ, LLC 93 Hinsdale Road Wilson Action Deadline November 29, 2010. Attorney Michael Wilson represented the Applicant. 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile Attorney Wilson explained to the Board the procedural history of the Application and the various Special Permits attached to the Locus and abutting property. Attorney Wilson stated that the crux of the Application was the reduction of the size of the loading zone and the alteration of the parking configuration as shown on the site plan that was attached with the Application. Attorney Wilson also presented photographs so the Board could better understand and appreciate the surrounding area. Devon Remick spoke to the Application stating that the purpose of this application was to separate the residential aspect of the Locus from the commercial aspect. The Board had questions regarding the delineated parking areas and the screening around the northerly boundary of the Locus. A motion was made (Botticelli) and duly seconded to continue the application to the October 14th hearing so that the Applicant could submit a modified site plan showing parking spot No. 4 inside the structure and screening around the Locus. The motion 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 Michael Wilson, prepared by, prepared by Blackwell and Associates, dated July 12, 2010  049-10 Bessey 17 Gray Ave Kyburg Action Deadline November 29, 2010. Attorney Peter Kyburg represented the Appellants. Attorney Kyburg informed the Board that the matter before the Board of Appeals is an Appeal of the finding of the Zoning Enforcement Officer that commercial activity is taking place on the Locus without the benefit of Special Permit relief. Attorney Kyburg gave a history of the title of the Locus and the various uses thereon. Attorney Kyburg also stated the existing uses presently on the Locus and presented updated pictures showing the Locus. Laura Bessey, the Appellant, stated that the garage bays are not commercially rented to anyone. Marcus Silverstein, the Zoning Enforcement Officer, stated that he had received complaints regarding the commercial activity on the Locus and had gone on a stake-out to determine the level of commercial activity present. Mr. Silverstein stated that the issue at hand is that the Appellants are running a commercial office out of one of the garage bays and as the Appellants do not live on the Locus, they are ineligible for a home occupation use permit. Mark Poor echoed that he did not feel a home occupation use permit would be applicable as the Appellants did not live at the Locus. 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile Jim Lentowsky, an abutter, spoke to the Application stating that there were 3 years of continuous commercial activity on site. Barbara Joyce, an abutter, stated that there was constant noise emanating from the Locus. William Reith, au abutter, also noted that he had spent years listening to the constant noise from the Locus. Christina Palmeri noted that Orange Street was the basis of operation for the Bessey’s business. Laura Bessey noted that they have tenants living on the Locus and they are the ones who park and start their vehicles in the morning. Ms. Bessey also noted that they did operate an office for their business out of one of the garage bays. A motion was made (Botticelli) and duly seconded to overturn the finding of the Zoning Enforcement Officer. The vote was 0-5 in favor. Documents referenced:  ZBA Application submitted by Peter Kyburg  Pictures of the locus submitted by Peter Kyburg  Cease, Desist, and Abate Order issued by Marcus Silverstein  050-10 McKee 5 Warren Street Glidden Action Deadline November 29, 2010. Attorney Richard Glidden represented the Applicant. Attorney Glidden stated that the Applicant is requesting to modify the existing Special Permit by allowing the Applicant to convert the studio in the garage to a room suitable for human habitation. A motion was made (McCarthy) and duly seconded to approve the requested relief. The vote was 5-0 in favor. Documents referenced:  ZBA Application submitted by Richard Glidden  051-10 Cumbie 1 Lowell Place Dale Action Deadline November 29, 2010. Attorney Lori D’Elia represented the Applicant. Attorney D’Elia explained to the Board that by changing the existing garage to a more conforming cottage, the proposed alteration will not be substantially more detrimental to the neighborhood than what presently exists. 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 Lori D’Elia 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  052-10 65 Pleasant St., LLC 65 Pleasant Street Hunter Action Deadline November 29, 2010. Attorney Bill Hunter represented the Applicant. Attorney Hunter stated that proposed alteration to the porch would not result in the Locus becoming more nonconforming than what presently exists. Attorney Hunter also gave a history of the Locus and presented photographs evidencing the Locus in a historic context. Joe Phelan, an abutter, spoke to the application and helped identify the date of the photographs submitted. A motion was made (O’Mara) and duly seconded to approve the requested relief. The vote was 5-0 in favor. Documents referenced:  ZBA Application submitted by Bill Hunter  Pictures of the locus submitted by Bill Hunter VI. Other Business  The Board had an informal discussion regarding the possible violation of the Cooks Cycles Special Permit – specifically whether or not there were rental cars being stored on the locus. VII. Adjournment A motion was made (O’Mara) and duly seconded to adjourn the hearing at 3:00. The vote was 5-0 in favor.