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HomeMy WebLinkAbout1990-05-04 ry ... 7:0:: ,~ U--:;;I;'~....-:-r~J ,--.-- - - ----~~ ~ rrr~ CLA-L l(~ Ir ~~Y-o k~ .~ ~;c~ . waUtJ-. o-v ... ~ 2&14 . a . ~~ i\ . ... ~~ Meeting of the Board of Appeals, May 4,1990 at 1:00 p.m. at the Town and County Building, Nantucket, MA 02554. Chairman Sherman called the meeting to order at 1:13 p.m. Board members Linda Williams, Robert Leichter, Michael O'Mara, David Leggett, and Ann Balas were present along with Chairman Bill Sherman. the meeting opened with application no. 071-89/ Town of Nantucket/ Electric Companv/ Washinqton Street/ Town requesting an extension of six months characterized as a Temporary Permit in the Zoning Code. Fire Chief Watts asked for this extension in order to store fire fighting foam in the Town pier parking lot. Chairman Sherman asked if there was any pUblic concern over the storage and Chief Watts said that he would like to herar from the public. Ron Santos, Building Commissioner, was present and concurred that no negative public concern had been voiced. Linda Williams jmade the motion to grant the extension of six months. Michael O'Mara seconded the motion. All were in favor. Applications no.010-77 and no. 030-82/ Fisher's Landinq Conservation Trust/ Madaket/ Self was postponed until the June 1,1990 meeting. Ap?plication no. 021-90/ Miklos et all Watts et all E. Dover st./ Philbrick was carried over from the last meeting. jthis was a request for a Special Permit to alter and extend a pre-existing non-conforming dwelling as to ground cover. The applicants are Robert Miklos and Paul Morrison for themselves as buyers and the owners, Priscilla F. Watts, June Johnson, and Glen McGarvey. The premises are located at 9 East Dover Street, Assessor's Parcel 55.4.1-023, Plan Book 8, Page 12, and zoned Residential-Old Historic. Melissa Philbrick, Esq. represented the applicants and said that the opponents of the plans were satisfied at this point with the new plans. Linda Williams asked if the new plans were approved by the HDC. Ms. Philbrick showed the Board the new plans and produced a letter from a former tenant. Chairman Sherman asked if there was anyone present from the neighborhood. Arthur Reade, Esq. represented Mr. McGallister in opposition, and said there was no problem with the new plans. Linda Wiliams made the motion to approve relief as requested. Ann Balas questioned the motion. She did not want to see ground cover exceed more than exactly what is needed. Chairman Sherman said the permit would be only to the principal bU8ilding, the building would be used only as a duplex limited to AI, A2, A3 ploans. Linda Williams motioned the following: Ground cover would limited to 49 SF, building would be used as a duplex with the Special Permit limited to the principal builder, A1,A2,A3 plans acceptable but not A4. Robert Leichter seconded the motion. All were in favor. Application no. 025-90/ Bruce Poor/ Harvard/ Spruce/ Self was a continuation of a hearing in which the Building Commissioner's Decision to deny a Building Permit due to lack of frontage was appealed. The property lies between Harvard and Spruce Streets in Miacomet Park, Assessor's Parcel 81-107, Lots 125-129 and 166-170 of Plan File 1-E, Section A, and zoned Limited Use General-2. Attorney Issadore represented Bruce Poor in the appeal. The Planning Board reviewed the application and stated that in order for the lot to qualify as having adequate access, the lot must be reached by a "path" that the lot owner has documented rights of travel on, or be reached by way of adequate access provided by the original plan. Attorney Issadore argued that the original developers created Lot 5 which runs along Miacomet Road. He claimed that although there is nothing on record, the Town has an easement to travel oover Lot 5's rectangular position. Dale Waine asked how close to the water Lot 5 is. Mr. Issadore said it is 25' to 30' to the water and people can not get to the water without crossing it. Dale Waine asked if there is any way to get to Spruce Street not on paper. Mr. Issadore said that there were two buiding permits issued that must have used Lot 5 as access. Mr. Issadore suggested that if the Board is willing to grant access, his client would agree to a covenant against the land that if access was ever eliminated over the registered land there would be an obligation that the owner create access over Lot 5. Town would enforce the covenant. Chairman Sherman asked if this meandering way is the same traveled path as it was in 1972. Mr. Issadore said that the way may have changed a few feet but it is not a major change. Chairman Sherman questioned the change in boundaries every time the traveled way moves. There is question on lot boundaries. Mr. Issadore said the lot lines could be set. without certain lot lines, relief can not be granted. Chairman sherman said that the lot lines must be on record in the Registry of Deeds. Linda Williams argued that Lot 5 looked close to the water and she could see no legal access. permission to cross Mrs. conway's registered land could not be given. Discussion between Ann Balas, Dale Waine and Bruce Poor on the use of the meandering way. jChairman Sherman said that a perscriptive right was needed to use the meandering way and the Zoning Board of Appeals was not the correct forum for that. He suggested that Mr. Issadore take his request to the Conservation Commission and let them determine if theyu have perscriptive right. They could also approach Mrs. Conway and ask for an easement. Attorney Issadore asked for a continuance. Ann Balas made the motion that the application be continued until the June hearing. No brush cutting until lthe Board has come to a decision. Motion was seconded. All were in favor. Meeting was adjourned for a few minutes at 2:40 p.m. and brought to order again at 2:45 p.m. Application no. 024-90/ Michael Scott Realty Trust/ Nobby Shop/ Main Street/ Moretti was a request for a Special Permit or Modification to prior Special FPermit to expand use within a previously existing nonconforming structure. the property is located at 17 Main Street. David Moretti, Esq. represented the Nobby Shop and gave a brief history of the business and its space needs. The Special Permit would enable 1260 SF of second floor space, now restricted to use as an office ancillary to the first floor Nobby Shop retail space, to be used also for retail sales or office use ancillary to the first floor use. Although building plans were submitted to the Board in 1986, a Building Permit was not applied for until 1987 at which point regulations for handicap access, bathrooms, and changing rooms had come into effect requiring a great deal more space than was previously anticipated. The building is currently nonconformingt as to lack of off-street parking and loading facilities, setbacks, and ground cover ratio. No parking is currently provided and the relief would result in the waiving of 5 additional parking spaces. The two apartments contained in the building would remain limited to year round occupancy. Chairman Sherman questioned Mr. Limperis on the employee parking. He said he would need one ore parking space. Mr. Limperis said that he would like to see a restriction of 1000 SF rather than 800 SF for retail space in the event that he would like to move his office to his home and use the additional space for sales. Linda Williams made the motion to grant relief for 1000 SF of retail space for this year round business. David Leggett seconded the motion. All in favor. Application no. 028-90/ Kathleen Duncombe/ Correia Lane/ Reade was a request for a Special Permit under By-Law section 139-7.C, for the approval of a year-round accessory apartment in an existing dwelling. The property is located at 4 Correia Lane, Assessor's Parcel 80-61, Plan File 4-C, Lot 18, and zoned Limited Use General- 2. Arthur Reade, Esq. represented ms. Duncombe and briefly sted that the dwelling meets the square footage and interior requirements for an apartment. Chairman Sherman said that the Board has not in the past turned down such a request. David Waine made the motion to approve the request. David Leggett seconded the motion. All in favor. Application no. 027-90/Town of Nantucket/ Harborview/ S. Beach and Oak/ Self was a continuation of a prior hearing concerning Town office space. This application seeks relief under the provisions of section 139-33A of the Zoning By-Law for a change in use of the buiding located at 10 South Beach Street, said to be nonconforming as to side and rear setback, off-street loading facilities, acreening, open space, and off-site parking, and the adjacent lot, both used as a bicycle rental business under Special Permit 15- 79. Chairman Sherman mentioned that all members of the Boartd have a vested interest in this application as it would provide space for the office of the Zoning Board of Appeals. However, this comes under the Rule of Necessity in the Ethics Code which says that if it is impossible to make up- a Board because of conflicts, the Board must proceed anyway. Ron Santos, Building Commissioner, was present to explain the parking layout and interior plans. The proposed use is not for more than 3,500 SF of numicipal office space. Additional relief is requested pursuant to section 139- 18E (Off-site parking), 18F (1) for the screening and driveway width, and Sections 139-181 (Table of Parking Requirements). Relief is sought from the open space and off-street loading requirements (Sections 139-16F and 139-19). Chairman Sherman questioned Mr. Santos on the circulation of traffic. Mr. Santos siad that if traffic were circulated anyu other way, there would be a loss of parking spaces. Spencer Cowan, zoning Administor, asked if the delegation of parking spaces would generate more traffic on S. Beach Street. Chairman Sherman replied that although an employee who sits in an office all day does not generate traffic, the Board must think about what is best for the public as far as parking. Ron Santos said that 5 spaces would be reserved for Town employees and 8 spaces for the public. He added that the Town woudl be replacing 200 mopeds with a few Town vehicles. Arthur Reade, Esq. was present and wuestioned why Town offices are not out of Town, since they generate more traffic than a private office. Theodore Tillotson, Esq. said that the Board could grant what ever relief it wants but could not take away the relief when the Town no longer uses it. Dale Waine remarked that the proposed plan was not a valid parking setup and if the Permit is granted, there could be 6 or 7 offices in this building with multiple cars when the Town no longer wants to use it. The Planning Board requested that green spaces be protected and a bike rack. Ron Santos remarked that the Building Department would cooperate in every way with the wishes of the Board of Appeals and the Planning Board. Michael 0 'Mara made the motion that relief be granted as one enterprise (one office), 13 parking spaces with 5 spaces for employees and 8 for the public. Weekends, the parking would be for Town vehicles. Parking area would have green area with horizontal parking. Motion seconded by David Leggett. Four voted in favor. Linda Williams opposed. Motion carried. Application no. 029-90/ Brooks. Rowland. Sibley. Liddle/ Teasdale Circle/ Reade is a request for a special Permit under By-Law section 139-9.B (3) (a) and (b) to use the property located at 15 Teasdale Circle, Assessor's Parcel 69-69, for light manufacturing and fabrication and assembly of component parts for off-site construction or use. The property is in a Residential-Commercial- 2 zone. Arthur Reade, Esq. represented the applicants and outlined the proposed uses of the site which include manufacturing of pasta and other food products: cabinetmaking, woodworking, funi ture, and toy manufacturing, and carpentry. Linda Williams commented that the applicants would be sponsoring her softball team and she wanted this noted for the record. Arthur Reade said that the original plans did not show a cottage for residential use as is proposed now. There would be 1550 Sf of manufacturing space and 1500 SF of pasta retail space, and one single residence area on the plans shown as building C. The 4 Meeting of the Board of Appeals, May 4,1990 at 1:00 p.m. Planning Board requires that site improvements be consistent with the requirements set forth in the permit for Teasdale Circle Development. There can be no access from Hinsdale Road. Dale Waine questioned the ground coverage and Mr. Reade said that there would be screening and there was no ground coverage problem. Chairman Sherman asked if buildings A and B were identical from the exterior and would be used year-round. The answer was yes to both questions. Dale Waine made the motion to grant relief as requested. Motion was seconded by Linda Williams. All were in favor. Application no. 019-90/ Bruce Porter et all Shell/ Sconset/ Reade appealed the decision of the Building Commissioner denying issuance of a certificate of Occupancy for a completed structure on the basis of zoning nonconformity. In the alternatice, the applicants were asking for Variance relief from section 139-16.C to confirm the siting of the structure as built, or a special Permit (modifying the Special Permit in case no. 018-85) for the al teration of the pre-existing nonconforming use upon the premises, to conform with the structure as built. Arthur Reade represented the Porters who have owned the property on IShe11 Street in siasconset since 1960. The lot is undersized at under 5000 SF and contains many trees. The front yard setback on Shell Street is 0' and only 5' from Main Street. In 1985 a Building Permit was conditional on saving the trees. Architect Christopher Holland was present and explain the design of the building and construction in relation to the site. He said that he had come before the HDC many times and was concerned about the trees. He spoke to a tree expert. Mr. Wazerski was present in favor of the request. He said that the Porters had taken great pains to build a fine home that was in keeping with Sconset. Ron Santos was present and supported validating the site. Motion was made to grant relief on modifying the existing Special permi t and to deny the appeal of the Building Commissioner's decision. Motion seconded by Linda Williams. All in favor. Application no. 030-90/ Charles Darby/ Baxter Road/ Moretti was a request for a Variance from the provisions of section 139-16A (intensity regulations and setback requirements) to reduce the required front yard setback from thirty (30') to ten feet (10'). David Moretti, Ewq. represented Mr. Darby and showed a plot plan of the premises at 119 Baxter Road on the Sankaty Bluff in Siasconset. He explained the erosion problem now existing and the anticipation of further erosion. Linda Williiams asked how many feet from the boundary line to the road and was told it was 22 feet from the pavement. The house itself is 15 feet from the lot line at its closest point. There are two parking spaces for the house. 5 Meeting of the Board of Appeals, May 4,1990 at 1:00 p.m. Chairman Sherman commented that the erosion rate is 8 feet per year and that the house is on unstable soil. Linda Williams asked ;how many feet the house is from lthe edge of the bluff and was told 68 feet. Ron Santos was present and suggested that the Board set criteria for condemantion of houses to establish at what point a house is move before disaster. Chairman Sherman said that relief should be conditional on the applicant cleaning up the debris before the house falls into the ocean such as the one in cisco and contaminationg the water. David Moretti produced letters in support of the application. Linda Williams made the motion to grant the Variance conditional upon responsibility for the debris removal. Robert Leichter seconded the motion. All were in favor. There being no further applications before the Board, the meeting continued with a discussion of space needs. Ron Santos spoke aboaut the design of the building. the Selectmen voted on a plan designed to give each department 100 SF. Linda Williams commented that the Personnel Board also wanted space in the building. Ron Santos outlined the pros and cons of the building and suggested that complaints be taken up with the Selectmen. Chairman sherman asked the Board if Town Counsel should be consulted concerning the Richard Arnold application. Linda Williams made the motion to seek the advice of Town Counsel, Paul DeRensis, on the Arnold application. Motion was seconded. All in favor. The January 19,1990 minutes were approved by the Board. Meeting was adjourned at 5:38 p.m. William Sherman, Chairman ZONING BOARD OF APPEALS 6