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HomeMy WebLinkAboutZoning Board of Appeals Meeting Minutes, April 14, 2011_201402050842107675 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 Minutes Thursday, April 14, 2011 1:00 PM 4 Fairgrounds Road Board Members in attendance: Ed Toole, Michael J. O’Mara, Kerim Koseatac, Lisa Botticelli, Mark Poor, and Susan McCarthy Board Members absent: Dale Waine, Michael Angelastro Staff: John Brescher I. Call to Order: Chairman Toole called the meeting to order at 1:00 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 (Koseatac) and duly seconded to approve the minutes of the March 10, 2011 ZBA meeting. The vote was 5-0 in favor. IV. Old Business  085-06 Reis 80 Miacomet Avenue Reade C Action Deadline, October 26, 2011. Continued to October 13, 2011  016-11 70 Centre Street Realty Trust 70 Centre Street Glidden Action Deadline June 8, 2011. Attorney Jessie Glidden represented the Applicant. Attorney Glidden brought forward a revised plan to the Board of Appeals showing the new location of the cottage. John West, Mary West, and Anne Ballas also expressed concerns with the application. These concerns involved the siting of the structures and the separation between primary and secondary dwellings on the locus. Counsel for the Applicant addressed these concerns. 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 requested relief. Documents Referenced:  Application submitted by Attorney Jessie Glidden  Site plan prepared by Charles W. Hart and Associates, Inc., dated April 7, 2011 V. New Business  012-11 Bartlett Road Realty, LLC 67 Bartlett Road Kotalac Action Deadline June 8, 2011. Attorney Rhoda Weinman represented the Applicant. Attorney Weinman explained to the Board that the Applicant is requesting a special permit in order to operate a contractor’s shop on the locus. Attorney Weinman went through some of the various uses on the property and the abutting lot at 4 Marble Way, which is under common ownership. Attorney Weinman also stated that there has been a determination by the Zoning Enforcement Officer that the subject Locus does not need a Major Commercial Development special permit. Attorney Brian Conroy, representing Todd Stoudt, stated his client’s objections to the proposed application and existing uses on the locus. Todd Stoudt, an abutter, spoke against the application and expressed frustration with the actions of the owner of the property. Craig Baker, an abutter, spoke against the application stating there is enough activity existing on the locus. After a discussion with the Applicant and counsel for the Applicant, the Board decided to view the existing uses on the Locus to determine the level of intensity. A motion was made (Koseatac) and duly seconded to continue the hearing to the May 12th ZBA hearing and to conduct a site viewing of the Locus on April 27th. The vote was 5-0 in favor.  020-11 White 2 Hussey Street Alger C Action Deadline June 8, 2011. Continued to May 12, 2011. This application was continued to May 12th without opening.  021-11 Brant Point Courtyard 15 Swain Street Moran Action Deadline July 13, 2011. Dick Moran represented the Applicant. Mr. Moran explained to the Board that he was going to replace the existing decking on the Locus, but would not be any closer to the setback than what presently exists. 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile The Board asked why the Applicant was before the Board as this type of activity did not seem to warrant Special Permit relief. A motion was made (Botticelli) and duly seconded that no relief zoning relief was necessary for the proposed alterations. The vote was 5-0 in favor. Documents Referenced:  Application submitted by Dick Moran  022-11 NIR as Owner, Middle C as App. 56 Centre Street Philbrick Action Deadline July 13, 2011. Melissa Philbrick represented the Applicant. Ms. Philbrick explained to the Board that the reason the Applicant is before the Board is to request a parking waiver and to slightly alter the premises. Although the Applicant is changing the use of the structure, this change in use does not require zoning relief. Ann Ballas, an abutter, spoke in opposition to the application, noting that she believed the application was improperly noticed as it did not mention the change in use. Ms. Ballas also questioned how the increase in traffic would impact the neighborhood. John Wagley, an abutter, spoke in favor of the application. Elizabeth Wally, an abutter, spoke against the application, citing parking concerns as the main reason behind her opposition. Anne Terry, an abutter, spoke against the application because she felt this change in use would have a negative impact on downtown parking. John West, speaking as an abutter, expressed concerns with the parking downtown. The Board took into consideration the timeliness of the application and the concerns of the abutters. Because the Applicant needed a decision rendered prior to the May 12th hearing, the Board agreed that it would be acceptable to close the public hearing and conduct a public meeting to discuss the conditions the abutters and the Applicant could agree to. A motion was made (McCarthy) and duly seconded to close the public hearing and hold a public meeting on April 29th. The vote was 4-0 in favor.  023-11 Dias, Trustees 25 Rugged Road Glidden Action Deadline July 13, 2011. Attorney Richard Glidden represented the Applicants. Attorney Glidden explained the to the Board that the Applicant is requesting Special Permit relief in order to relocate the existing deck so that it is encroaching so far into the setback. The Board requested the HDC approved plans. Attorney Glidden asked the Board hold the application open while he and the Applicant retrieved the plans. 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 (Board member Toole left at 3:20 PM) At 3:30, the Applicant and his representative returned with the requested plans. A motion was made (Koseatac) and duly seconded to approve the requested relief. The vote was 4-0 in favor. Documents Referenced:  Application submitted by Attorney Richard Glidden  024-11 NIR as Owner, Tordov/Markova as App. 4 South Water St. Hunter Action Deadline July 13, 2011. (6) Attorney Bill Hunter represented the Applicant. Attorney Hunter explained to the Board that the applicant is requesting a change in use in order to operate a creperie on the Locus. Accordingly, there are thirteen grandfathered spaces pursuant to an existing Zoning Board of Appeals decision. A motion was made (Botticelli) and duly seconded to grant the requested relief. The vote was 5-0 in favor. VI. Adjournment A motion was made (Koseatac) and duly seconded to adjourn the hearing at 3:38. The vote was 5- 0 in favor.