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HomeMy WebLinkAbout2015-9-10Minutes for September 10, 2015, adopted Oct. 9 ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 www.nantucket- tna.gov Commissioners: Ed Toole (Chair), Lisa Botticelli (Vice chair), Susan McCarthy (Clerk), Michael J. O'Mara, Kerim Koseatac, Mark Poor, Michael Angelastro, Geoff Thayer -- MINUTES —~ Thursday, September 10, 2015 Public Safety Facility, 4 Fairgrounds Road, Community Room —1:00 p.m. Called to order at 1:05 p.m. - �S Staff in attendance: Eleanor Antonietti, Zoning Administrator; Terry Norton, Town Minutes Taker?t Attending Members: Toole, McCarthy, O'Mara, Poor, Angelastro, Thayer - Absent: Botticelli, Koseatac Late Arrivals: None " Early Departures: None f, `} Agenda adopted as amended by unanimous consent r 1. August 13, 2015: Held by unanimous consent OLD BUSINESS 1. 20 -15 Shimmo Hills, LLC 10 North Road Cohen CONTINUED TO OCTOBER 8, 2015 III. NEW BUSINESS 1. 67 -14 Trade Wind Cottages Condominium 40 & 42 Nobadeer Farm Road Beaudette CONTINUED TO OCTOBER 8, 2015 Sitting Toole, McCarthy, O'Mara, Poor, Angelastro Documentation File with associated plans, photos and required documentation Representing Rick Beaudette, Vaughan, Dale, Hunter and Beaudette, P.C. — Explained the need for the lengthy continuance. The Planning Board has not yet ruled on this project and does not want ZBA hearing this before they make that decision. If it is approved at the Planning Board meeting on September 14, 2015, it will be heard by ZBA on October 8, 2015 meeting. Explained the restrictions that the applicant is hoping to have ZBA release them from. Concerns Toole — Thinks it might have made sense to do this simultaneously with the Planning Board in the event ZBA has a concern that affects the Planning Board decision. Angelastro — Reiterated his frustration with applications that are continued ad museum. Asked that this be re- noticed before the ZBA hearing on October 8, 2015. Discussion about how to proceed if this doesn't come to a resolution at the Planning Board meeting. 2. 28 -15 Marguerite Steed Hoffman 15 Sherburne Turnpike Beaudette CONTINUED TO OCTOBER 8, 2015 3. 29 -15 Anderson Grennan and Michael Burns, Trustees of Anderson Nominee Trust, as Owner and Joseph Bedell, as Applicant 5 Surfside Drive Bedell WITHDRAWN WITHOUT PREJUDICE Applicant requests modification to prior special permit relief pursuant to Zoning Bylaw Sections 139 -33.A and 139 -7.A to allow for a change of the validly pre - existing nonconforming commercial use on the premises. Specifically, applicant seeks to convert a portion of the commercial structure to retail use and to retain the previously approved storage, warehousing and ancillary office and residential use (one bedroom dwelling unit for employee housing) in the remaining portion of the 1,827 square foot building, all in connection with the operation of an antique business. Applicant will perform minor furniture repairs on the premises. There will be no change in footprint to the structure. To the extent necessary, Applicant requests further relief from open space and parking requirements pursuant to Sections 139 -16.E and 139 -18.13, respectively. The Locus, an undersized lot of record, is situated at 5 Surfside Drive, is shown on Nantucket Tax Assessor's Map 67 as Parcel 251, and as Lot 29 upon Land Court Plan 26349 -H. Evidence of owner's title is registered on Certificate of Title No. 25025 on file at the Nantucket County District of the Land Court. The property is zoned Residential 10 (R -10). Sitting Toole, McCarthy, O'Mara, Poor, Angelastro Documentation File with associated plans, photos and required documentation Motion Motion to Approve the withdrawal without prejudice. (made by: O'Mara) (seconded by: Angelastro) Vote Carried unanimously Page 1 of 2 Minutes for September 10, 2015, adopted Oct. 9 IV. OTHER BUSINESS 1. 076 -11 Sachems Path, LLC Sachems Path 40B Singer Request for determination that changes to the Amended and Restated Comprehensive Permit, required by the Project's Subsidizing Agent, are insubstantial and may therefore be approved as a minor amendments. Sitting Toole, McCarthy, O'Mara, Poor, Angelastro, Thayer Documentation File with associated plans, photos and required documentation Concerns Toole — He and Ed Marchant have discussed that the applicant has agreed to extend the statutory limitation for ZBA action until October. He and Mr. Marchant also decided some of these changes are substantial. Reviewed those changes and concerns about permitting those changes. Supposedly these changes were asked to be put into place by DHCD. Mr. Marchant asked what the reasons for the changes are, but as yet DCHD has not gotten back to him with solid reasons for those changes. A percentage of the net proceeds were to go to the Nantucket Housing Authority for further affordable housing. The discussion in October will be whether or not these requested changes are substantial. If they are substantial, it needs to be noticed. Antonietti — Mr. Marchant and Rene Ceeley, Executive Director Nantucket Housing Authority, will be contacted about writing their views on the subject. Angelastro — Asked whether or not this is a new application and if different board members can sit on it from the original application. Antonietti — She will look into that. Discussion about the Housing Production Plan, which explains how the Town would meet affordable housing needs; the plan expired in 2014. Mr. Toole noted that there is a misconception that this plan stops 40B projects and that in reality it would give the Town better control of the process. Discussion about possible future 40B Housing projects. Motion to Adjourn: 1:49 p.m. Submitted by: Terry L. Norton Page 2of2