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.