HomeMy WebLinkAbout-September 8, 2022+ ,, ZBA Minutes for September 8,2022,adopted Oct. 13
Tucr, ZONING BOARD OF APPEALS - f j til ftW2 Fairgrounds RoadCLE ;
s\y -�•�' Nantucket Massachusetts 02554
, AA i, ` www.nantucket-ma.gov Q .
Commissioners:Susan McCarthy(Chair),Lisa Botticelli(Vice chair),Elisa Allen(Clerk),Michael J. O'Mara,Ed Toole
Alternates:Mark Poor,Geoff Thayer,lira Mondani
— MINUTES —
Thursday,September 8,2022
Public Safety Facility,4 Fairgrounds Road,Community Room—1:00 p.m. •
Called to order at 1:15 pm and announcements made by Ms.McCarthy
Staff in attendance: Leslie Snell,Deputy Director of Planning;Billy Saad,Land Use Specialist; Marcus Silverstein,Town Lighting
• Officer and Zoning Enforcement Officer;Terry Norton,Town Minutes Taker(via YouTube)
Attending Members: McCarthy, O'Mara,Allen,Poor,Mondani
Absent: Botticelli,Toole,Thayer
Agenda adopted by unanimous consent
Motion Motion to Approve as revised. (made by: O'Mara)(seconded)
Vote Carried 5-0
I. APPROVAL OF MINUTES
1. August 11,2022
Motion Motion to Approve. (made by:Allen) (seconded)
Vote Carried 5-0
II. OLD BUSINESS
1. 37-21 Kristina&Nicholas Amendolare 8 Bank Street Williams
CONTINUED TO OCTOBER 13,2022
Motion Motion to Continue. (made by: O'Mara)(seconded)
Vote Carried 5-0
2. 22-21 Adam Delaney-Winn,Trustee of Warren's Landing Nominee Trust 40 Warren's Landing Road Reade
Applicant is appealing the determination of the Zoning Enforcement Officer that the driveway accessing the locus from Blue Heron
Way is in violation of Zoning Bylaw Section 139-20.1B (1) because there is an additional driveway access from Warren's Landing Road.
Locus is situated at 40 Warren's Landing Road,shown on Assessor's Map 38 as Parcel 45,and as Lot 10 upon Land Court Plan 16956-E.
Evidence of owner's title is registered on Certificate of Title No. 27280 with the Nantucket County District of the Land Court.The site
is zoned Limited Use General 2(LUG-2).
Voting McCarthy, O'Mara,Allen,Poor,Mondani '
Alternates None
Recused None
Documentation File with associated plans,photos and required documentation
Representing Arthur Reade,Reade,Gullicksen,Hanley,&Gifford LLP
Public Jennifer Kerry,Sarah F.Alger P.0 for 34/32 Warren's Landing Road
Discussion(2:24) Reade —Presented supplemental materials at the table. Explained the situation behind the reasons for the appeal. We
have a grassy area that starts at the dwelling and extends out to meet Blue Heron Way at grade;it's possible for a vehicle
to drive into it.We propose to enter into a stipulation,agreed to by Mr.Silverstein,that the owner won't have more than
1 vehicle access until they have a Special Permit for a 2nd driveway,there won't-be access from Blue Heron as long as the
driveway from Warren Landing exists, the ZEO won't issue a fine for the Blue Heron Way access.This grassy area has
been used for pedestrian and bicycle access to Blue Heron Way.
Silverstein—We know that in the early 1970s,there was a driveway between Warrens Landing and this current access.In
1998,it became a requirement to have a special permit for a 2nd curb cut and 2003 the opening was restored.The prior
owner said it was used by landscapers and to bring his boat in and out. There hasn't any sign of use over the past few
months. He's reluctance in accepting Mr. Reade's letter promises the owner won't drive over it but the violation is the
access;there seems to be reluctance to pinch that down to prohibit any vehicular use.The problem could be solved by
some effort on the part of the owner to block it from vehicular use. ,
Reade — His client is willing to agree to not use it for vehicular access but isn't willing to block it off; explained those '
reservations.
McCarthy—If he's concerned about public safety, the blockage could be set back off the road. We're looking to decide
whether.or not to uphold Mr. Silverstein's decision and determine if the grassy area is being used now and constitutes a
driveway.If the owners want to keep it as is,the owner needs to get a special permit from the DPW for a 2nd curb cut.
Mondani—He doesn't think the ZBA can require a fence or bolder.
Page lof3'
ZBA Minutes for Se.tember 8,2022,ado.ted Oct. 13.
V. ADJOURNMENT
Motion Motion to Adjourn at 3:05 pm. (made by:Mondani) (seconded)
Vote Carried 5-0
Sources used during the meeting not found in the files or on the Town website:
1. None
Submitted by:
Terry L.Norton
Page3of3