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HomeMy WebLinkAbout1990-01-19 ry ... 7:0:: ,~ U--:;;I;'~....-:-r~J ,--.-- - - ----~~ ~ rrr~ CLA-L l(~ Ir ~~Y-o k~ .~ ~;c~ . waUtJ-. o-v ... ~ 2&14 . a . ~~ i\ . ... ~ of the Board of Appeals, January 19,1990 at 1:00p.~. ~he Town and County Building, Nantucket, MA 02554 The meetin~ was called to orEer bv Chairman Rill Sherman at 1:0)p.m. in the Selectmen's fearinp Room, ~own and County Building, Nantucket, MA. All m~mbers of the Poard were present. There bein~ no old business 'carried over from the last meetin~, the meetinP.' proceeded with the new business of 9-IP1l.Qatjon number 001-90/ Mor~an and_~~E9-b_1~~lD~/_.p9.lPl~_B~~L_~~li~-El~~geralQ. This was a request for a Special Permit under Sertion 139-2'(.) for relief from Section 139-27F buildin~ 'cap' covenant executed on June 20,198) for their home at 90 Polpis Road, Assessor's Farcel 44-025,2, Julie Fi tzp-erald, Esq. represented the I,ev ines who she said were now living permanently in the Boston area because of the medical needs of Mr. Levine. Ns. Fitzgerald ar~ued that the Levine home was a million dollar property and that it v:as ';:L':'~~el;y to attract a year-round buyer. ~he buyers who have looked at it were not interested in it with the restriction of the covena~t. Ms. Fitzp"erald offered a draft decision for approval of the Board. Chairman Sherman stated that there was no Plannin~ Board recommendatic;;. Robert Leichter made a motion to approve the request for reli0~ from the buildin~ 'cap' covenant. ~otion was seconded and unanimousl: approved. Apulication number 002-9g~~~~~E~rreIIL l,~jlt St. / Self was a request for a Special Permit under Section 139-33A to construct a bay window at the home of Joan Farrell, 27 Milk St., Assessor's Parcel 42.).3-090, zoned Residential-Old Historic. Chairman Sherman asked Ms. Farrell if she would explain what the project entailed. Ms. Farrell said that the bay window would be constructed a~ ~~e rear of the house increasinp" the 845 SF p-round cover by 1.5 SF. The lot at 27 Milk St. is and under-sized lot of 2568 SF with an r.1eeting of the Board of Appeal s, .Janu<lry 19, 1990 at 1: 00r- . .... Page 3 financial hardship. The property is located at 15 r,:liacoI;;L. ..le., Assessor's Parcel 67-213. Chairman Sherman noted that there was no recommendation from the Planninp- Board. When asked whether or not the Clarksons would remain on island, ~iS. Fitzp-eralc ~~~~ ~r,~t she believed Mrs. Clarkson would but ~1r. Clarkson was off island and she did not know his plans. l-'eter Dooley m<lde the :,.,..'~..--: tha-:- relief of the covenant be p"ranted. Dale Waine seconded, and all were in favor. Ms. Fitzp-erald provided a dr<lft decision for the Board's approval and asked that it be filed today. ~plication 00L~-90/ Jame~~or_don_Y~ll!:b:.t;.~F.! _~~2!:1se.!_ .~,~~~LHeE-Q~ was a request for a Special Fermit under Section 139-33A to allow extension of a 113-SF sinp-le family dwellinp- by the cor;s-'~~ '-::'0:- of a sin~le-story garave. Arthur Reade, Es~. represented ~r. Vau~hter and explained that the house located at 9 Sconset AVe::';e, ,"~...:ess'_.::":: Parcel 49.3.2-009, has a front yard setb~ck of 13 ft. It was built prior to the zoning chanp-e requirement of a 30ft. setback applicable from 1984. The {!arap-e line would rllso helve a 13 ft. - -- _:~~ a!ld would be attached to:the south face of the house. The ?arage wbuld ITake the dwelling no more nonconforminp- than the previously e):ist- ing nonconformity. Attorney Reade offered pictures of tre house. Vichael O'~ara asked if there were any letters from the neip-hbors. Attorney Reade said that he knew of letters from Jc~- ~'~~~ett, John J, 0' Toole, and C. Patrick Bop-:rrs that were all favorable. Dale Waine said there was one letter from Catherine Folper and it was favorable. Chairman Sherman commented that there ~ere five let- in all in favor and a favorable Planninv Board recomEendation. The property was chan{!ed from R-l to Residential-2 zonint=' and c::nl,itled to 'grandfatherinf". He asked if there was anyone present who would like to speak in favor or in opposition to the application. 'ihere was no response from the audience, and Dale Waine movec +0 ~~ant the Special Permit. Peter Dooley seconded the motion. All were in favo~. Application 005-9.QLJ:!:~ pastenLg,el Point Rea1 tv Tr./ _~el Point R(: OJ Philbrick waS a request by Ira Pasten, as Trustee of the Eel Point Realty Trust, for modification of the 025-73 Variance granted in 1978 Meetin~ of the Board of Appeals, January 19,1990 at 1:00p.m. Pa~e 4 for the premises at 111 Eel Point Road, Assessor's Parcel 23-003. Il'lelissa l'hilbrick, Esq. represented the applicant and asked for the {modification based on the topoF-raphy of the site. She offered . photo~raphs of the site condition at present. The 1978 Variance \ authorized the existing side-by-side dwellin~s attached by a porch. r.:r. I-asten wanted a modification of the Variance to add a cen and bath at the front of the secondary dwelling bringing its buildin~ line into alip-nment with the principal dwelling. Kr. Pasten said thrtt the porch was screened in but the wind kept blowing it out. ~hRirman Sherman commented that the chan~e would be a minor aesthetic difference. ~s. Philbrick showed the Board the floor plan and the advantave to Mr. Pasten of the additional living sp~ce. ~he addition would not violate the 2~~ size differential required or the orip"inal Variance. Mr. Sherman asked if there was anyone present who had any objections to the modification or cammer-tee. There were no objections. Robert Leichter made the motion to grant the modification of the Variance. David Le~gett seconded the motion. All were in favor. ~~Elic~tion number 006-90~beodore-1illotsonL-!r./ 48 Center S~./ 1eddy was a request for a Special Fermit under Section 139-33A to alter a preexistin~ non-conforminF- use and under Section 139-18 (G) for Core District relief from parking requirements. Andrew Leddy, - represented Theodore Tillotson and outlined the proposal to change the 8 room ~uest house and apartment located at 48 Center St. into forst-floor retail space for the sale of art and antiques, anc to convert the existin~ second-floor p-uest rooms into an apartment. Two of the existinp" Fuest rooms on the second floor and the third floor apartment would remain as they are. A Variance frCllffi Section 139 (A) (15) was also sought to permit use of an existing first floor kitchen for employees. Michael O'Mara asked Mr. Leddy Keeting of Board of Appeals, January 19,1990 at 1:00p.m. Pape 5 if the rental would be year-round;he replied that it would be. Dale Waine asked if whoever rented the retail space would be usinF"the kitchen and was told that Nina Hellman would be the.new ovmer}'usiT;lg;:the',space 'p.nd. the, ki tc};,:m.' . Dale Waine said };e had questions for the Building commissifoner on licensinp- stat~s if the ~uest house was converted to retail space. The Building I <, Commissioner was not present at the\ meetinp-, but Theodore ~ ~::.::. Jts ;:':-i answered that the p-uest house w~ulc lose its lodv.inp status. Mr. Tillotson was questioned about the fire alarm system in ~he house and responded that the house was well equipped for fire safety. Mr. Leddy added that the removul of the rear room would improve the nonconforming p-round cc,ver ratio and would e;;~- .- ':.'C? the fire safety aspect in allowinv better access to the ~j~~c0;;t building. Chairman Sherman asked jf there was anyone present who was concerned about this matter-. Mr. Berman voice-: ....i~ concern about the increase in parkjn~ and said that he hoped the Board would persuade the owner~ of the buildinp. tc :;:":'v ...."'C to use in a way that would not inc}'ease park infT in the area. Andrew Leddy responded to the question by comparin7 the parking needs of a ,CTuest house with 28 peo}Jle as is allowed nc.. :...:.... -::-:e low intensity parking needs of an <crt and ant ique store ;:;1 us the two apartments and remainin.~ tV!O {Tuest rooms. Mr. Berman said that he was still concerned t}iat the commercial ':5'':' n.(' +:'he property would stimulate more peop~e co~inp and poinp-. ~r. ieddy said they::were quite confident tha'-:; the use of the pr -::~:= ~.":., would not stimulate more demand fOe' pari::inF' because it was one of the quieter of tne downtown bus ine :-:;se sand did not requ ire frequent deliveries. The inventory for Ms. Hell~an's 2rt ~~~ antique store would already be del~vered before the se2son begins. Polly Maloney was present and also voiced her concern abou~ the parking. She asked where the ~ars for the two apartments would be parked. Chairman Sherman said that with tne proposed Meeting of the Board of Appeals, January 19,1990 at 1:00p.m. Page 6 uses, 5 additional parking spaces would be required and asked Mr. Leddy if they were entitled to the Special Permit Parkin~ stickers for year-round apartments. Mr. Leddy said he would check on that and find out. He arF'lJed that the chcmp-es p::. __.=2C would upgrade the area and that the third floor apartment would probably not be feasible as a year-round apartment because of the heat loss and would instead be a mild weather apartment rental. Chairman Sherman said that whether or not the third floor was year-round was an inappropriate condition. Dale Waine aS~:cd if there were three separate dwellinp- units and if the manap-er would live off of the premises. Mr. Leddy responded that there were not three separate dwelling- units and the manap-er wuld live off of the premises. The kitchen would not be used in conjunction with any guests but solely for the convenience of the maL::"',~-C:- of the art and antique store. ~~r. Tillotson asked that the retail space not be limited to art and antiques. Chairman Sherman said that the space could be limited to art and antiques or a t~si~ess that would have an equivalent impact on the area's traffic situation. The Board would have to be notified informally of any chanp-e. Cnairman Sherman asked the Board if there were any further comments and, in summary, said the proposed plan would no~ increase the parking rneasurably~ David Iep"vett made the motion ~o ~r2nt the relief. Dale Waine seconded. All were in favor. ( i \ Motion was made that the Board adjourn for five minutes at 2:16p.~. The meetinv resumed at 2:19p.m. with ?ppIJ~a~io~~~~ber 007~90/ ~oh~_ang_EI1J:n Lep:vett/2~.?_~adaY~-.!.._BQ...LJ ep"~ett. The Lef'"~etts were seekinp- a Special Permit under Section 139-3JA to ~l+pr ~nd extend their single-family dwellin~ by constructinp- a 5 ft. high shed along the east side and an enclosed porch on the rE_~ ~~cade. Additional relief was souvht from the required 10 ft. rear setback to allow the rear of the porch to be constructed with a 7 ft. Meetinp- of the Board of Appeals, Jan\lary 19,1990 at 1:00p.m. Page 7 intrusion into the setback. Theodore Tillotson, Esq. spoke on behalf of the Leggetts and explained the proposed additions which increase the ground cover ratio from 12.47% to approximately 15.99%. The already existing woodshed would be replaced with a more extended structure to house a canoe and store wood. The porch would be enclosed and would be no more nonconforminf than the garage which already extends 8 ft. into the rear setback. The Board viewed the pictures of the lot. Chairman Sherman said there was only one letter from an abbutter and there was no problem with it. Robert Leichter made a motion to approve the Special Permit for 262 ~adaket Road. Peter Dooley seconded the motion. All were in favor. Chairman Sherman then asked the Board to discuss administrative matters. The Board of Appeals proposed bud~et was for an 11% increase over last year. Mort Donahue, Business Administrator, 'r~~ suggested to the Finance Committee that the Poard's budpet be cut by $8,800. Chairman Sherman said that he felt this would CU~ too sharply into services that must be provided in order to meet legislative requirements. The budVet last year was 830,000. The Board had 70 applications. Generaldiscussion followed concerning the budget and what, if any, were the items not worth the proposed expenditure. Chairman Sherman concluded that the Board needed at least a level budget if not an 11% increase. Michael C'~ara asked if the Board could use a different paper to advertise in. Spencer c~. . agreed that advertisement should VO to the lowest bidder. Bill Sherman said the Board must take into account what is best for the To~~ of Nantucket. There was veneral discussion on the role of the Board of Appeals' Zonin~ Administrator. Spencer Cowa~ stated that Chapter 40A, Section 13, allowed the Board to dele~a~e certain functions to the Administrator. He would have ministerial approval so that the Board would not have to sit on any determination that it would automatically approve. This would eliminate the routine 'M'eetinp' of:;'the Board of Appeals, Ja~1Uary 19,1990 at 1:00p.m. Pap-e 8 cases. If there were any questions, Mr. Cowan could refer them to the Board. Dale Waine asked if the Administrator would be voted in .every year. Chairman Sherman said that the Administrator's contract would be yearly: the prantin~ of powers yearly. ~r. Cowan said that the Administrator's procedures were spelled out clearly. Should the Administrator deny an application, it would then be taken to the Board. The Board could review the performance of the Administrator. Denials by the Administrator mayor may not have to be readvertised. Chairman Sherrran said that fair notice must be given to the people. There being no further business before the Board, motion was made to adjourn at 3%0) p.m. Moticn seconded: meetinp- adjourned. ,/"~. - ~/ / _/~./ L4/~.e~~- William R. Sherman, Chairman BOARD OF Al-'PEALS