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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
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