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~ 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.
(
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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