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.