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HomeMy WebLinkAboutZoning Board of Appeals Meeting Minutes, December 9, 2010_201402050842120800 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 Minutes Thursday, December 9, 2010 1:00 PM 2 Fairgrounds Road Board Members in attendance: Michael O’Mara, Ed Toole, Kerim Koseatac, Lisa Botticelli, Mark Poor (left at 3:20), and Michael Angelastro Board Members absent: Dale Waine, Susan McCarthy Staff: John Brescher and Venessa Moore I. Call to Order: Chairman Toole called the meeting to order at 1:05 PM. II. Approval of the Agenda: A motion was made (Poor) 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 (Angelastro) and duly seconded to approve the minutes of the October 14, 2010 ZBA meeting. The vote was 5-0 in favor. IV. Other Business: The Board approved the 2011 meeting schedule by unanimous consent. V. Old Business  085-06 Reis 80 Miacomet Avenue Reade C Action Deadline, April 26, 2011. Continued to April 14, 2011  058-10 DeMarco 9 India Street DeMarco Action Deadline February 16, 2011. Attorney Bill Hunter represented the Applicant at the hearing. Attorney Hunter explained to the Board why the Applicant was applying for Special Permit relief and the nature of the modification to the existing ZBA decision. Attorney Hunter also presented the Board with a slightly modified proposal in an attempt to appease the neighbors. 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile Jon Stone, an abutter, spoke in favor of the application. Attorney Keith Yankow, representing the Masters, addressed the modified proposal. Attorney Yankow noted that there are no residential units near other restaurants in the commercial downtown area and urged the Board to deny the application. David Masters, an abutter, spoke against the application as he believed this modification would disrupt his peace and well-being. Cielo Masters, an abutter, spoke against the application as well stating that the noise will negatively impact her. Ed Toole asked if there was an opportunity for the neighbors and the applicant to meet and come to some amicable resolution. Attorney Yankow said there was not. Theresa DeMarco clarified this statement and noted that the abutters did not want to be present at this meeting and only wanted their attorney present. Andrew Willauer, an abutter, spoke to the application and suggested there be an on-going review of the application. Don DeMarco spoke on his own behalf and agreed to many of the suggestions the Board came up with regarding possible conditions for the application. A motion was made (Angelastro) and duly seconded to approve the requested relief with conditions suggested by the Board. The vote was 5-0 in favor. Documents referenced:  ZBA Application submitted by Donald DeMarco  Letter submitted by Attorney Keith Yankow  Various letters of support submitted by Donald DeMarco VI. New Business  065-10 6 Clifford Street, LLC 6 Clifford Street Reade Action Deadline February 4, 2011. At the bequest of the Applicant, this application was heard in conjunction with File No. 066-10.  066-10 Surfside Nantucket Partners, LP 38 Nobadeer Ave. Reade Action Deadline February 25, 2011. At the bequest of the Applicant, this application was heard in conjunction with File No. 065-10. Attorney Arthur Reade represented the Applicant. Attorney Reade went through the history of the Locus with the Board and explained why the issue of merger was addressed by the Zoning Enforcement Officer. 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile Charles Townsend, the Applicant, also explained the history of the Locus and how title had been transferred. Marcus Silverstein, the Zoning Enforcement Officer, explained to the Board why he wrote the Cease and Desist Order. Emily McKinnon, an employee of the Nantucket Land Council, urged the Board to deny any Variance relief. Chuck Collie, an abutter, requested that the Board expedite the process because the foundations have already been poured. A motion was made (Botticelli) and duly seconded to approve the relief for file No. 066-10. The vote was 5-0. A motion was made (Botticelli) and duly seconded to continue Application No. 065-10 to the February hearing. The vote was 5-0 in favor. Documents referenced:  ZBA Applications submitted by Attorney Arthur Reade  Letter submitted by Planning Director, Andrew Vorce  Site plan from file dated October 27, 2010  068-10 Farello 7&9 Jefferson Ave Beaudette C Action Deadline February 25, 2011. This application was continued without being opened to the January 2011 ZBA hearing.  069-10 Big Hen Group I, LLC 124 Main Street Stetina Action Deadline March 19, 2011. Attorney Jeff Stetina represented the applicant. Attorney Stetina explained the scope of the work before the Board. 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 Attorney Jeff Stetina  Site plan from file dated November 2, 2010  070-10 Wright 10 Cherry Street Stetina Action Deadline March 19, 2011. Attorney Jeff Stetina represented the Applicant. Attorney Stetina explained to the Board how the proposed work would not be substantially more detrimental to the neighborhood than the existing nonconformity. Steve Theroux, the architect for the Applicant, explained the scope of work before the Board. 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 A motion was made (Botticelli) and duly seconded to approve the relief requested. The vote was 5-0 in favor. Documents referenced:  ZBA Application submitted by Attorney Jeff Stetina  Architecture plans attached in file  071-10 Jones, Trustee 19 Orange Street Hunter Action Deadline March 19, 2011. Attorney Bill Hunter represented the Applicant. Attorney Hunter explained the scope of the work before the Board. A motion was made (Koseatac) and duly seconded to approve the requested relief. The vote was 5-0 in favor. Documents referenced:  ZBA Application submitted by Attorney Bill Hunter  Site plan from file dated November 9, 2010  067-10 Alger, Trustee 20 Bassett Road Alger Action Deadline March 19, 2011. Attorney Sarah Alger represented the Applicant. Attorney Alger explained the scope of work before the Board and why the Applicant was before the Board again. Lucy Dillon, the owner of the property, further explained the nature of the work being done to the Locus. 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 Attorney Sarah Alger  Site plan from file dated October 29, 2010 VII. Adjournment A motion was made (Botticelli) and duly seconded to adjourn the hearing at 3:40. The vote was 5- 0 in favor.