HomeMy WebLinkAboutZoning Board of Appeals Meeting Minutes, August 18, 2011_201402050842117519 TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
Minutes
Thursday, August 18, 2011
1:00 PM
4 Fairgrounds Road
Board Members in attendance: Michael J. O’Mara, Dale Waine, Kerim Koseatac, Lisa Botticelli, and Susan
McCarthy.
Members absent: Michael Angelastro, Edward Toole, and Mark Poor
Staff: John Brescher
I. Call to Order:
Chairman Waine called the meeting to order at 1:08 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. Old Business
085-06 Reis 80 Miacomet Avenue Reade C
Action Deadline, October 26, 2011. Continued to October 13, 2011
041-11 Middle C, LLC 56 Centre Street Fitzgerald
Action Deadline September 12, 2011.
Attorney Julie Fitzgerald, Melissa Philbrick, and Rachel Hobart represented the
Applicants.
Chairman Waine revisited the conditions that were read into the record and given to the
Board at the last hearing.
Ms. Philbrick read through the conditions with the Board and read them into the record.
These conditions were as follows:
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
1. The project shall be constructed substantially in accordance with the plans approved by the
Nantucket Historic District Commission in Certificate of Appropriateness No. 56724, as may
be amended.
2. Upon commencement of construction pursuant to a Building Permit issued for the plans
approved by the Nantucket Historic District Commission in Certificate of Appropriateness No.
56724, as may be amended, the building will no longer be used commercially as a Lodging
House.
3. No programs (classes, rehearsals or performances) shall commence before 9:00 am (1pm on
Sundays) or end after 9:00 pm.
4. The Building shall be fully air-conditioned via a geothermal system, and windows shall be
closed at all times, except for maintenance, construction or repair.
5. No amplification of music and no regular programming outdoors shall be permitted.
6. The proposed kitchen shall only be used in a way that is ancillary to the programming on the
premises and otherwise will not be used to prepare food for sale within the property or
elsewhere.
7. The apartment on the third floor shall only be occupied by those affiliated with the
programming on the premises.
8. The following Traffic Demand Management protocols will be implemented:
a. Transit passes shall be provided to employees with offices in the building
b. Use of the seasonal shuttle bus by those attending the programming shall be actively
encouraged, and
c. A car pool/rideshare program will established to include the music school and the
community school program participants, and will be extended to included activities at
the Congregational Church to the extent practical.
d. In order to minimize congestion that may result from programs that overlap with
activities at the Congregational Church, the Congregational Church shall be contacted
on a regular basis regarding the wedding and performance schedule on the Church’s
property, and best efforts shall be used not to schedule performances or large group
classes or rehearsals at 56 Centre during those times.
e. All employees and program participants will be directed not to park or stop for the
purposes of pick-up or drop-off along Center Street so as to block traffic, and not to
use Academy Lane for through traffic.
f. Program participants who need to be picked up will be asked to wait for their rides
inside the building.
g. Newsletters will periodically be sent to participants to inform and remind them of these
protocols.
9. Two (2) on-site parking spaces shall be provided on the property on Academy Lane as shown
on the site plan prepared by Bracken Engineering, one of which will be designated for 15
minute maximum parking to facilitate pick-up and drop-offs from facility.
10. A bike rack shall be provided on the property.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
11. No exterior construction in connection with the project shall occur between May 15th and
October 1st of any given year.
12. The space will not be subleased for private events and parties at any time of the year, and the
leases to the Nantucket Community School and Nantucket Community Music Center will
reflect that restriction.
13. The Nantucket Community School’s programs will not be held in the building during July and
August unless there is no suitable alternative space for those programs available in the public
school buildings.
14. The Nantucket Community School’s summer camp program will not utilize the property.
Randy Hart from VHB, Inc. described the traffic study that was done in the neighborhood
and how they arrived at the conclusions that were in the report submitted to the Board.
Ms. Philbrick indicated that she had been talked to Michael Sturgis, the operator of the
Brick Bistro, and had been informed that the Sysco trucks will not be using Centre Street
or Ash Street.
Chairman Waine asked to hear from the neighbors.
Bruce Bond, an abutter, explained that the abutters are merely against the location of the
school, not the use. Essentially, the neighbors believe that this type of use is
inappropriate in a residential neighborhood downtown. Mr. Bond explained that the
neighbors have come up with the following conditions:
Priority
Order Condition
1
The building will operate
ONLY during the winter
months and will be closed
from June 15 – September 15
each year
2
The educational use of the
building will ONLY be for a
music school
3
The building will operate
from 9am to 5pm Monday
through Saturday
4
The building will operate
Monday through Saturday
only. It will be closed on
Sunday
5
There will be no outdoor
activities at the school, no
tents erected, no exterior
amplification and there will
be no leasing of the building
for private events
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
6
The maximum occupancy of
this building will be capped at
52 persons, the stated typical
maximum occupancy of the
building.
7
There will be a dedicated
building manager accessible
to the neighbors.
8
There will be no further
expansion of the physical
footprint beyond the
proposed plan or accessory
structures (such as a recital
hall) built on the site as long
as it remains a school
Martha Perry, an abutter, discussed the conditions the abutters suggested.
Chairman Waine asked to hear from members in the audience who are in favor of the
application.
Mary Saffel, a board member of Nantucket Community Music Center, thought this would
be a great idea so the Music Center could have a permanent home.
Orla Skola, a proprietor of American Seasons, stated that she is down the street from the
Locus and she has not had any parking problems.
Joe Aguiar indicated that a condition that requires the school be closed at 5:00 pm
destroys the intent and purpose of the school.
Dallas Kirk of 33 India Street indicated that there will probably only be seven students per
day and that residents will not be put out by parking from the school because there are
traditionally fewer students during the summer.
Suzy Locke discussed the benefits of having a school in the downtown.
Jenelle Dupree explained the types of adult education classes the Community School
does.
Melissa Philbrick then clarified that most of these classes are actually held in the winter.
Pauline Proch, the director of the Community School, went into further detail regarding
the classes and stated that there are usually no more than 15 students per class.
Richard Loftin, a former Zoning Board of Appeals member, urged the Board to pass the
application and appreciated the Board’s willingness to listen to the neighbors and
applicants.
Molly Glazer, the artistic director of the Nantucket Community Music Center explained
the benefits of having a larger space to hold lessons.
Jeff Loucher, a trustee of the Nantucket Community Music Center, explained the benefits
of a musical education.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
Bill Boarlman of 8 Ash Street thought this center would help promote a vibrant downtown
community.
Leslie Woodson Snell of the Planning Office explained that the Planning Board gave the
application a positive recommendation and suggested a full waiver of the parking
requirements.
Courtney Plank stated that she was hopeful that the Nantucket Community Music Center
would have a permanent home.
Chairman Waine thanked those who spoke in favor of the application and asked Bruce
Bond to continue with his presentation in opposition to the proposed project.
Mr. Bond’s presentation included such issues as the existing and potential parking
concerns of Centre Street and the existing street conditions. Essentially, that if the project
is successful, then there will be an increase in parking in an area that already has a
parking problem.
Ann Balas of 66 Centre Street spoke against the application. Ms. Balas explained that the
change in use is major because the previous use was a grandfathered guest house. Ms.
Balas was unclear who exactly the tenants would be and warned the Board of the creeping
commercialism that is spreading into the residential districts of downtown. Ms. Balas
also urged the Board to deny the application on the grounds that it is contrary to sound
parking and safety considerations.
Elizabeth Whaley of 52 Centre Street spoke against the application on the grounds that it
will cause a traffic problem and that the commercial drivers are non-responsive. Ms.
Whaley also warned that a lot of the motorists speed when coming in and out of traffic and
this will be a safety issue, especially with children present.
Keith Roe, an abutter, also urged the Board to deny the application because of the
existing parking problems and the additional parking problems the school will cause.
Richard Fox of 4 and 6 Academy Lane spoke against the application on the basis of the
continual parking problems.
Marguerite Wetterau, the direct abutters to the project, spoke against the application as it
is a residential area, not commercial and the location of the use is inappropriate. Ms.
Wetterau also stated that 13 spaces should be the minimum number of parking spaces
required by this permit.
Chairman Waine asked how many abutters were present in the winter.
Kerim Koseatac asked if Randy Hart had any input regarding emergency vehicle access
considering the narrowness and the parking issues on the roads.
Barbara Elder, a former director of Nantucket Community Music Center, stated that there
are people already there and there will be a minimal traffic impact.
Sandy Knox Johnson of 6 Step Lane stated that there is difficulty in emergency vehicle
access in this neighborhood and the increase in congestion may create a tragedy.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
Melissa Philbrick reminded the Board that there are two matters before them: an appeal
and a request for a Special Permit. Ms. Philbrick also stated that there is precedent to
waive parking downtown.
Michael J. O’Mara asked Ms. Philbrick who the tenants will be. Ms. Philbrick responded
that there will be two tenants: Nantucket Community Music Center and Nantucket
Community School.
Attorney Fitzgerald reminded the Board that under MGL Ch.40A, Section 3 reasonable
conditions are allowed to be imposed on the applicant.
Chairman Waine called for a recess at 3:00 pm.
At 3:06 the Board reconvened.
Chairman Waine suggested the Board discuss the application and commented that the
root of the problem seems to be traffic and traffic is bad in the summer no matter what.
Lisa Botticelli wanted to revist the conditions and what modifications the Board could
make to them.
Melissa Philbrick suggested that one such condition could be that there shall be no
expansion or no change in tenant without further relief from the Board of Appeals. Ms.
Philbrick also informed the Board that it would not be feasible for the school to close the
school in the summer, to close the school at 5:00 pm, and cannot only have Nantucket
Community Musical Center as a tenant. Ms. Philbrick did, however, indicate that the
Applicant would agree to having a building manager who is accessible to the
neighborhood and limiting the summer occupancy of the building to 52 people.
Chairman Waine asked if there would be any tents on the Locus.
Ms. Philbrick stated that she is fine with prohibiting tents and any outdoor events.
The Board discussed whether or not it would be feasible to restrict the operations by
limiting the total maximum occupancy and determined that this would be effective.
Kerim Koseatac stated that there are too many variables, too many hypotheticals, and that
there is always a “bad apple” causing terrible problems. Mr. Koseatac explained that he
was looking more towards safety and that because the neighbors live there, they have
firsthand experience with the traffic and issues of the neighborhood. Mr. Koseatac
followed up by saying that he did not believe that 56 Centre Street is the right location for
the school.
Chairman Waine noted that he appreciated Mr. Koseatac’s thoughtful comments.
Further, Chairman Waine noted that he wanted to deal with the Special Permit request
first and then address the pending appeal of the Zoning Enforcement Officer.
A motion was made (O’Mara) and duly seconded to approve the requested relief with the
following conditions:
15. The project shall be constructed substantially in accordance with the plans approved by the
Nantucket Historic District Commission in Certificate of Appropriateness No. 56724, as may
be amended.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
16. Upon commencement of construction pursuant to a Building Permit issued for the plans
approved by the Nantucket Historic District Commission in Certificate of Appropriateness No.
56724, as may be amended, the building will no longer be used commercially as a Lodging
House.
17. The property shall not be leased to more than two (2) tenants, each of which shall be a
nonprofit educational corporation.
18. Any change in the tenants from the proposed use by the Nantucket Community Music or the
Nantucket Community School will require Special Permit relief from the Zoning Board of
Appeals.
5. There shall be a designated building manager on the property during its hours of usage.
6. A copy of these conditions will be posted prominently on the property.
7. From June 15 to September 15 of each year occupancy of the building shall not exceed 52. At
other times of the year occupancy of the building shall not exceed 105.
8. No programs (classes, rehearsals or performances) shall commence before 9:00 am (1pm on
Sundays) or end after 9:00 pm.
9. The Building shall be fully air-conditioned via a geothermal system, and windows shall be
closed at all times, except for maintenance, construction or repair.
10. No amplification of music and no regular programming or tents outdoors shall be permitted.
11. The proposed kitchen shall only be used in a way that is ancillary to the programming on the
premises and otherwise will not be used to prepare food for sale within the property or elsewhere.
12. The apartment on the third floor shall only be occupied by those affiliated with the
programming on the premises.
13. The following Traffic Demand Management protocols will be implemented:
a. Transit passes shall be provided to employees with offices in the building
b. Use of the seasonal shuttle bus by those attending the programming shall be actively
encouraged, and
c. A car pool/rideshare program will established to include the music school and the
community school program participants, and will be extended to included activities at
the Congregational Church to the extent practical.
d. In order to minimize congestion that may result from programs that overlap with
activities at the Congregational Church, the Congregational Church shall be contacted
on a regular basis regarding the wedding and performance schedule on the Church’s
property, and best efforts shall be used not to schedule performances or large group
classes or rehearsals at 56 Centre during those times.
e. All employees and program participants will be directed not to park or stop for the
purposes of pick-up or drop-off along Center Street so as to block traffic, and not to
use Academy Lane for through traffic.
f. Program participants who need to be picked up will be asked to wait for their rides
inside the building.
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
g. Newsletters will periodically be sent to participants to inform and remind them of these
protocols.
14. Two (2) on-site parking spaces shall be provided on the property on Academy Lane as shown
on the site plan prepared by Bracken Engineering and attached as Exhibit B-1, one of which will
be designated for 15 minute maximum parking to facilitate pick-up and drop-offs from facility.
15. A bike rack shall be provided on the property.
16. No exterior construction in connection with the project shall occur between May 15th and
October 1st of any given year.
17. The space will not be subleased for private events and parties at any time of the year, and the
leases to the Nantucket Community School and Nantucket Community Music Center will reflect
that restriction.
18. The Nantucket Community School’s programs will not be held in the building during July and
August unless there is no suitable alternative space for those programs available in the public
school buildings.
19. The Nantucket Community School’s summer camp program will not utilize the property.
Ann Balas asked a point of clarification before the vote was taken. Ms. Balas asked who
exactly comprises the Community School. Pauline Proch responded that the Community
School encompasses the Community Network for Children, Adult Education, Arts and
Discovery, Summer Camp, and courses including computers, beading, jewelry, and
wellness. Mr. Proch further explained that the only adult education classes taught during
the summer are an introduction to basic computer skills class and a rosetta stone
language course.
Chairman Waine asked that the vote then be taken as there is a motion and a second on
the table. The vote was 4-1 in favor (Koseatac opposed).
Melissa Philbrick then asked that the Applicants be allowed to withdraw their appeal of
the Zoning Enforcement Officer. A motion was made (O’Mara) and duly seconded to
allow the requested withdrawal with prejudice. The vote was 4-1 in favor (Koseatac
opposed).
IV. Adjournment
A motion was made (Botticelli) and duly seconded to adjourn the hearing at 3:45 pm.