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HomeMy WebLinkAbout1990-07-13 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 Zoning Board of Appeals, July 13,1990 at 1:00 p.m. in the Selectmen's Hearing Room at the Town and County Building, Nantucket, MA 02554. The meeting was called to order at 1:00 p.m. by Chairman Sherman. The Board discussed election of officers. Michael 0' Mara continued as Zoning Board of Appeals member by unanimous vote. Application no. 25-901 Bruce Poorl Miacomet Avenue I Self was continued from the June 1,1990 meeting. Mr. Poor was not present nor was there an attorneyu present to represent him. David Leggett, who sat on the Board for this application, is no longer on the Board. This would reduce the Board to a 4 person Board. Linda Williams said she had had no response from Mr. Poor concerning his application. Ann Balas stated that the Conservation commission had not received anything from Mr. Poor. She suggested that the Board wait until 2 p.m. to see if Mr. Poor would show up for the hearing, and if not, deny relief without prejudice to applicant reapplying. Attorney David Moretti said that he would reach Mr. Poor if the Board would wait. Attorney Leddy said that he had spoken to Mr. Poor this morning and was informed that the wetlands had been flagged and that Mr. Poor was in the process of drawing up the actual submission to the Conservation commission. The Board agreed to wait until 2 p.m. for Mr. Poor to appear. Application 41-901 Joseph and Linda Rezendesl Hooper Farm Roadl Self was a request for a Special permmit undeer section 139-8B (2) to convert their existing backyard cottage into a beauty shop with 4 off-street parking spaces at athe end of a driveway along the Ramos Court side lot line. Joe Rezendes was present and outlined the reasons for wanting to move the beauty shop from its present location at 117 Pleasant Street. He cited the existing carpentry shop and beauty shop also in the area. Chairman Sherman said that the Board would be concerned with the arrangement of the parking and the access to the parking. If the Special Permit is granted for the beauty shop, Variance relief might be required to allow two driveways approximately 35' apart as opposed to the required 100' separation. variance relief might also be required to validate the existing driveway serving the primary residence which requires backing out onto the street. The cottage is located at 8 Hooper Farm Road, Assessor's Parcel 55-209 and zoned Residential-10. Chairman Sherman noted that the present parking had been there a long time, would come under 'grandfathering'i and Variance relief should not be required. Chairman Sherman asked Ron Santos, Building Commissioner, if he saw any problem with this and he answered that he did not. Robert Leichter made the motion to approve the Special Permit. Motion seconded. All in favor. Peter Dooley arrived at 1:30 p.m. to sit on the Board and the Board took nominations for Chairman. Mark Beale nominated Bill Sherman for Chairman and Dale Waine nominated Linda Williams. The vote was 4 to 3 with Linda Williams named Chairman/ Chairwoman. Robert Meeting of the Board of Appeals, July 13,1990 at 1:00 p.m. Leichter, Dale Waine, Peter Dooley, and Michael O'Mara voting for Ms. Williams and Bill Sherman, Marshall Beale, and Ann Balas voting for Bill Sherman. Ann Balas asked that the Board seek the advice of Town Counsel on whether or not Linda wi81liams could be Secretary and Chairman at the same time. She said that she was not comfortable with Linda being able to sign off on her own expendituresl. Linda Williams made the motion that Town Counsel's advice on this be sought. Motion seconded. All in favor. Nominations for Vice-Chairman were taken. Mark Beale declined to be nominated. Bill Sherman was nominated as Vice-Chairman. All were in favor and Mr. Sherman was elected unanimously Vice- Chairman. Robert Leichter was unanimously elected Clerk. Application no. 37-90/ Dorothv Leichterl Washinqton Streetl Reade was continued from the June 1,1990 meeting. This was a request for a Modification and an Amendment to Special Permit # 009-85. Arthur Reade, Esq. represented Mrs. Leichter and stated that the request for the take-out food station on the first floor was withdrawn. There remained the following changes in use: 1. The conversion of 1440 SF second-floor commercial storage storage space into two residential apartments. 2. To allow each of 4 retail stores in 3428 SF on the first floor to be used interchangeably for office or retail space from time to time. Attorney Julie Fitzgerald was present to represent Island Spirits in opposition. She argued that two appartments on the second floor means more cars and that 6 parking spaces would have to be waived. Dorothy Leichter said that when the Board told her she had to have 3 parking spaces, she was able to make 4. Motion was made by Bill Sherman that relief be granted for retail/ office use on the first floor, one year-round one bedroom apartment on the second floor with the rest of the second floor as storage ancillary to the commercial uses on the first floor. Also motion was made to grant the request that the take-out food station be withdrawn with prejudice. Linda Williams seconded the motion. Dale Waine made a motion to amend the motion to state that the apartment could be no more than 1,000 SF with 2 bedrooms. Motion to amend the motion was seconded. Three voted in favor, with Bill Sherman as the opposing vote. Arthur Reade asked that he be allowed a few minutes break to confer with his client. The meeting resumed at 2:29 p.m. after a 3 minute break. Mr. Reade said that he did not want to end up in a 2 Meeting of the situation where the amendment has carried and he lost the overall vote. Dale Waine withdrew the amendment. Bill Sherman made the motion to accept the withdrawl of the take-out food station with prejudice , storage on the second floor only ancillary to the first floor retail or office use, a second floor one bedroom apartment wi th up to 720 SF with a commi t6ment of year-round occupancy. There can be no more than 4 retail or office establishments on the first floor. Linda Williams seconded the motion. All were in favor. Chairman Williams at this time called for a revote on the position of Chairman. Mark Beale nominated Bill Sherman as Chairman and Dale Waine nominated Linda Williams. Two were in favor of Bill Sherman. They were Bill Sherman and Marshall Beale. Three were in favor of Linda Williams. They were Ms. Williams, Dale Waine, and Robert Leichter. Linda Williams remained Chairman. A revote was taken for Vice-Chairman. Dale Waine nominated Bill Sherman. All were in favor. Robert Leichter was nominated again for Clerk. All were in favor. The Board recognized that Bruce Poor was present and proceeded with application 25-90. There was a question on the Board sitting as one member of the Board, David Leggett, was no longer a member. Attorney Reade said that the Board could proceed and that it might be in the best interest of the applicant to withdraw the application without prejudice and file an new application. Bill Sherman made a motion to deny the appeal of the Building Commissioner's decision without prejudice to any rights the Applicant might have. The applicant can seek relief before the Board again. Dale Waine seconded the motion. All were in favor. The Decision of the Building Commissioner stands. Application no. 43-901 Pacific National Bankl Sparks Avenuel Reade concerns the branch of the Pacific Naitonal Bank located at 21 Sparks Avenue and 131 Pleasant Street. The applicant was represented by Arthur Reade, Esq. and sought the following relief: 1. The extension of Variance grant in case no. 040-89 to M.G.L., c. 40A. S10. 2. Modification of the Variance grant in case no. 040-89 to permit the following: a) Permanently block access to Finast parking lot, with all access entering from Pleasant and exiting from Sparks open at all times. b) The installation of one trench drain at Sparks rather than catch basins. c) A decrease in driveway width to 18.6' to allow for traffic barriers between driveway and outside wall of the Fire Building. Meeting of the Zoning Board of Appeals, July 13,1990 at 1:00 p.m. 3 Meeting of the in the Selectmen's Hearing Room at the Town and County Building, Nantucket, MA 02554. The meeting was called to order at 1:00 p.m. by Chairman Sherman. The Board discussed election of off icers. Michael 0' Mara continued as Zoning Board of Appeals member by unanimous vote. Application no. 25-901 Bruce Poorl Miacomet Avenue I Self was continued from the June 1,1990 meeting. Mr. Poor was not present nor was there an attorneyu present to represent him. David Leggett, who sat on the Board for this application, is no longer on the Board. This would reduce the Board to a 4 person Board. Linda Williams said she had had no response from Mr. Poor concerning his application. Ann Balas stated that the Conservation Commission had not received anything from Mr. Poor. She suggested that the Board wait until 2 p.m. to see if Mr. Poor would show up for the hearing, and if not, deny relief without prejudice to applicant reapplying. Attorney David Moretti said that he would reach Mr. Poor if the Board would wait. Attorney Leddy said that he had spoken to Mr. Poor this morning and was informed that the wetlands had been flagged and that Mr. Poor was in the process of drawing up the actual submission to the Conservation commission. The Board agreed to wait until 2 p.m. for Mr. Poor to appear. Application 41-901 Joseph and Linda Rezendesl Hooper Farm Roadl Self was a request for a Special permmit undeer Section 139-8B (2) to convert their existing backyard cottage into a beauty shop with 4 off-street parking spaces at athe end of a driveway along the Ramos Court side lot line. Joe Rezendes was present and outlined the reasons for wanting to move the beauty shop from its present location at 117 Pleasant Street. He cited the existing carpentry shop and beauty shop also in the area. Chairman Sherman said that the Board would be concerned with the arrangement of the parking and the access to the parking. If the Special Permit is granted for the beauty shop, Variance relief might be required to allow two driveways approximately 35' apart as opposed to the required 100' separation. Variance relief might also be required to validate the existing driveway serving the primary residence which requires backing out onto the street. The cottage is located at 8 Hooper Farm Road, Assessor's Parcel 55-209 and zoned Residential-10. Chairman Sherman noted that the present parking had been there a long time, would come under 'grandfathering'i and Variance relief should not be required. Chairman Sherman asked Ron Santos, Building Commissioner, if he saw any problem with this and he answered that he did not. Robert Leichter made the motion to approve the Special Permit. Motion seconded. All in favor. Peter Dooley arrived at 1:30 p.m. to sit on the Board and the Board 4 took nominations for Chairman. Mark Beale nominated Bill Sherman for Chairman and Dale Waine nominated Linda Williams. The vote was 4 to 3 with Linda Williams named Chairman/ Chairwoman. Robert Leichter, Dale Waine, Peter Dooley, and Michael O'Mara voting for Ms. Williams and Bill Sherman, Marshall Beale, and Ann Balas voting for Bill Sherman. Ann Balas asked that the Board seek the advice of Town Counsel on whether or not Linda wi81liams could be Secretary and Chairman at the same time. She said that she was not comfortable with Linda being able to sign off on her own expendituresl. Linda Williams made the motion that Town Counsel's advice on this be sought. Motion seconded. All in favor. Nominations for Vice-Chairman were taken. Mark Beale declined to be nominated. Bill Sherman was nominated as Vice-Chairman. All were in favor and Mr. Sherman was elected unanimously Vice- Chairman. Robert Leichter was unanimously elected Clerk. Application no. 37-901 Dorothv Leichterl Washinqton Street I Reade was continued from the June 1,1990 meeting. This was a request for a Modification and an Amendment to Special Permit # 009-85. Arthur Reade, Esq. represented Mrs. Leichter and stated that the request for the take-out food station on the first floor was withdrawn. There remained the following changes in use: 1. The conversion of 1440 SF second-floor commercial storage storage space into two residential apartments. 2. To allow each of 4 retail stores in 3428 SF on the first floor to be used interchangeably for office or retail space from time to time. Attorney Julie Fitzgerald was present to represent Island Spirits in opposition. She argued that two appartments on the second floor means more cars and that 6 parking spaces would have to be waived. Dorothy Leichter said that when the Board told her she had to have 3 parking spaces, she was able to make 4. Motion was made by Bill Sherman that relief be granted for retail/ office use on the first floor, one year-round one bedroom apartment on the second floor with the rest of the second floor as storage ancillary to the commercial uses on the first floor. Also motion was made to grant the request that the take-out food station be withdrawn with prejudice. Linda Williams seconded the motion. Dale Waine made a motion to amend the motion to state that the apartment could be no more than 1,000 SF with 2 bedrooms. Motion to amend the motion was seconded. Three voted in favor, with Bill Sherman as the opposing vote. Arthur Reade asked that he be allowed a few minutes break to confer with his client. The meeting resumed at 2:29 p.m. after a 3 minute break. Mr. Reade said that he did not want to end up in a situation where the amendment has carried and he lost the overall Meeting of the vote. Dale Waine withdrew the amendment. Bill Sherman made the motion to accept the withdrawl of the take-out food station with prejudice , storage on the second floor only ancillary to the first floor retail or office use, a second floor one bedroom apartment wi th up to 720 SF with a commi t6ment of year-round occupancy. There can be no more than 4 retail or office establishments on the first floor. Linda Williams seconded the motion. All were in favor. Chairman Williams at this time called for a revote on the position of Chairman. Mark Beale nominated Bill Sherman as Chairman and Dale Waine nominated Linda Williams. Two were in favor of Bill Sherman. They were Bill Sherman and Marshall Beale. Three were in favor of Linda Williams. They were Ms. Williams, Dale waine, and Robert Leichter. Linda Williams remained Chairman. A revote was taken for Vice-Chairman. Dale Waine nominated Bill Sherman. All were in favor. Robert Leichter was nominated again for Clerk. All were in favor. The Board recognized that Bruce Poor was present and proceeded with application 25-90. There was a question on the Board sitting as one member of the Board, David Leggett, was no longer a member. Attorney Reade said that the Board could proceed and that it might be in the best interest of the applicant to withdraw the application without prejudice and file an new application. Bill Sherman made a motion to deny the appeal of the Building Commissioner's decision without prejudice to any rights the Applicant might have. The applicant can seek relief before the Board again. Dale Waine seconded the motion. All were in favor. The Decision of the Building Commissioner stands. Application no. 43-901 Pacific National Bankl Sparks Avenuel Reade concerns the branch of the Pacific Naitonal Bank located at 21 Sparks Avenue and 131 Pleasant Street. The applicant was represented by Arthur Reade, Esq. and sought the following relief: 1. The extension of Variance grant in case no. 040-89 to M.G.L., c. 40A. S10. 2. Modification of the Variance grant in case no. 040-89 to permit the following: a) Permanently block access to Finast parking lot, with all access entering from Pleasant and exiting from Sparks open at all times. b) The installation of one trench drain at Sparks rather than catch basins. c) A decrease in driveway width to 18.6' to allow for traffic barriers 3. Special Permit to allow use of off-site premises (Finast 6 Meeting of the lot) for parking, or Variance relief to reduce required on- site parking from 5 to 4. 4. Variance to allow driveway width greater than 24' onto Sparks Avenue to allow safe turning in either direction. 5. Variance from 5' sideyard setback to 3.5' to enable handi- capped access. Mary Ann Hanley was present to show plans for the Bank's traffic flow, parking, fire access. A representative from Design Associates was also present to explain the changes. Police Chief Randy Norris and Fire Chief Bruce Watts expressed concerns about traffic safety and hinderances to the Fire Department. Attorney Reade said that Pacific National Bank was doing this out of a sense of community responsibility. Discussion followed with questions from the Board concerning public health and safety. Bill Sherman made the motion that relief be granted for 6 months with an automatic extension of 6 months according to the plans submitted and the conditions outlined in numbers 1-5. The Special Permit is only granted to Pacific National Bank and is not extended if its lease is terminated. Handicap access would be provided in accordance with the Zoning Code. The drive-through tellers would be blocked off permanently in accordance with 2 (a) and the space used for parking. Motion was seconded and all were in favor. Application no. 40-901 Dennis and Diane Sullivanl Thurston's Wayl Reade involved the property once owned by Bill Burdick which was granted Variance relief in order to redivide his lot into two individual lots. The two lots were purchased on July 29,1988 and sewer permit was granted in August 1988. The Sullivans, represented by Arthur Reade, Esq., sought an appeal from the Decision of the Building Commissioner denying issuance of a building permit for construction of a single-family dwelling on Lot 2, Plan Book 24, Page 75, on the basis of non-conformity with minimum lot size requirements. Bill Sherman said that the lot had ANR endorsement as Mr. Burdick intended to have his son build on the lot. He maintained that the building rights were not extended through the granting of the Variance. Mr. Reade argued that the lots wwere still held in common ownership and that they still would be restricted to one dwelling on each lot. The Building Commissioner's Decision stated that Variance rightsgranted in Board of Appeals case nolo 049-88 have not been timely exercised by the applicants and have lapsed. Mr. Reade said that Dennis Sullivan had called Ron Santos the day befaore he closed on the property and asked if there wouald be any problem in obtaining a building permit and was told there would be no problem. Mr. Reade said that the applicant should prevail on the appeal, but in the alternative, they would seek Variance relief under Section 139-16.A to validate the undersized status of Lot 1 and permit construction of a new dwelling on Lot 2 , effectively renewing the relief granted in case 7 Meeting of the no. 049-88. The Planning Board recommendation is favorable toward renewal of athe Variance for a period of one year. Mr. Sullivan said that he would not have bought the lots if he had not had a letter from his attorney and assurance from Mr. Santos that the Variance was granted on exactly the same basis as it was for Bill Burdick. Bill Sherman said that it was not up to the Board to correct faulty legal advice. He said the issue was whether or not the Variance had lapsed. Attorney Tillotson, who had represented Bill Burdick in the original Variance procedure, was present and reviewed Mr. Burdick's application offering his legal insight on the current problem. Mark Beale made athe motion to uphold the Building Commissioner's Decision. Ann Balas seconded the motion. Four voted in favor. Robert Leichter opposed. Mark Beale made the motion to grant Variance relief under sectrion 139-16.A to validate the undersized status of Lot 1 and permit construction of a new dwelling on Lot 2. Bill Sherman seconded. All in favor. Premises are located at 4 Thurston's Way and 26 Appleton Road. Application 042-90/ Stuart and Phyllis Freilichl Sherburne Turnpikel Reade was a request for a Special Permit under Section 139.33 A to enable the construction of an addition to applicant's existing nonconforming dwelling, extending the building line to the edge of an easement. The premises are located a 4 Sherburne Turnpike. Attorney Reade described the problems with the existing sideyard setback. If the building line is extended to the edge of tahe easement, shown as a "way" within the subject lot, it would result in a zero sideyard setback. jThe sideyard setback now from the private way is 2.9 feet which makes it nonconforming to a required setback of 5 feet. Chairman Williams asked if there would be any problem with obstructing the way and Mr. Reade assured her that the proposed plan would be no more of a detriment to the neiiaghborhood and would in no way obstruct the way. Mark Beale objected to making it more ononconforming by going from 2.9 feet to 0 feet. Chairman Williams asked for comments from the audience. Phyllis Freilich spoke spoke on her behalf. She said that the only people allowed to use the way are the owners of Lots A and Band it would not affect anyone else in the neighborhood. Motion was made by Bill Sherman to grant a Special Permit for extension of the dwelling. Peter Dooley seconded the motion. Ann Balas and Mark Beale opposed the motion. Three were in favor. Motion did not pass. Bill Sherman made the motion to continue the hearing until the August 17,1990 meeting to give the Freilichs time to change their plans. Mark Beale seconded. All were in favor. 8 Meeting of the Application 45-901 Sankaty Head Golf Club/ Hoick's Hollowl Hobart was a request for a Special Permit to remoave 2 and relocate 5 buildings fand have a Variance to allow one of the buildiangs to be sited along athe same side lot line as one of athe remaoved buildigns. Also another Variance from Section 139-16C to allow another of the relocated buildings to be sited astraddle the lot line dividing Lot A from the Lot 1 easement area. The premises are located at 18 Hoick's Hollow Road. Rachel Hobart, Esq. represented the applicant and discussed the coastal erosion that threatens the existing structures along the eastern edge of the property. Chairman Williams noted that the Planning Board recommendation is favorable. Bill Sherman asked aboaut the parking spaces and was told there would be 43 parking spaces. Rachel Hobart argued that the proposed plan would actually decrease the nonconformity by 2,760 SF with a total area of 6,124 SF. Spencer Cowan, Zoning Board Administrator, said that he thought the nonconformity was removed when the buildings were removed. Bill Sherman motioned that relief be granted as requested. Motion was seconded by Robert Leichter. All were in favor. The Board now consists of Mark Beale, Bill Sherman, Linda Williams, Ann Balas, and Robert Leichter. Application no. 44-901 Frances Masseyl Walsh Street/ Hobart was a request for a Special Permit pursuant to section 139-33A to alter a previously existing non-conforming dwelling by enclosing a prochy, the northwest corner of which intrudes 3.5' into the 10' fron-yard setback from James Street, and is said to have 'grandfathering' status (predatinag zoning). The enclosed porch will be used as a dining room. The premises are located at 53 Walsh Street. Rachel Hobart argued that the lot has adequate frontage and sideyard and would be no more nonconforming. Chairman Williams questioned Ms. Hobart on the plans. Mark Beale motioned to approve the relief. Motion seconded. All in favor. Application 46-901 John and Cheryl Colbert I Wonoma Wayl Fitzgerald was a request for a Variance from section 139-16A to allow their single-family dwelling to be enlarged and a second Variance from Section 139-16 C to validate sitiang of the dwelling with a 2.2 foot intrusion into the 10' side lot -line setback. The premises are located at 35 and 37 Wonoma Way. Julie Fitzgerald, Esq. represented the applicants and explained the intentions of the Colberts to merge the two pre-existing undersized lots to form one larger lot of approximately 20,000 SF and combine the ground cover currenty permitted on each lot for slightly less ground cover on the larger combined lot in order to allow them to add on to their single family dwelling. Ms . Fitzgerald said they would limit their enlarged lot to one dwelling and would place limits on a future second floor addition. There is a minor zoning violation of 2.2 9 Meeting of the feet in the sideline setback. Building Commissioner, Ron Santos, said that he had no problems with the granting of a Variance. Bill Sherman made a motion ot grant the relief with the following conditions: 1. The lots are merged for zoning purposes. 2. The enlargement is in substantial conformity with the plans approved by HDC. 3. There is no second dwelling nor dwelling unit. Mark Beale seconded the motion. All were in favor. Application 47-901 Barbara Thomas. Marina Austin. Dorothy Petumenosl Center Street I Moretti sought a reversal of the Decision of the Building Commissioner dated June 18,1990 to allow destruction and reconstruction of an existing nonconforming tool shed. The tool shed intrudes into the 5' side yard setback. David Moretti, Esq. represented Ms. Petumenos who is the life tenant of the property. The premises are located at 82 Center Street. with the proposed destruction of the tool shed, the lot will become conforming with regards to the setback and can not go back to a nonconforming situation. Mr. Moretti argued that no new different structure can be erected, but court has indicated that the same building can be constructed in the same foot print. It is the second half of the application that asks for a Variance from section 139-16C to allow such reconstruction. Bill Sherman said that the Board would like to see the shed moved away from the lot line. Mr. Moretti said that by way of her easement, Ms. Petumenols allow a manhole. Motion was made by Bill Sherman to deny the appeal and grant relief by Special Permit to reconstruct the tool shed in the same footprint as it was before. There can be no human habitation in the tool shed. Motion seconded. All in favor. Motion was made by Bill Sherman to withdraw the application for a Variance without prejucice and waive the application fee. Mark Beale seconded. All were in favor. There being no further business before the Board, the Board continued with discussion of Spencer Cowan's role as Zoning Board Administrator. Mr. Cowan spoke of the limitations set upon his practice by not being awarded the status of Special Municipal Employee. He can not represent any client who is at that time coming before the Board or in front of the Planning Board, or Building Commission. The Zoning Board Administrator's contract does state that if Mr. Cowan doees not get Special Municipal Employee Status, he can resign. The Board unanimously voted to adjourn at 6:16 p.m. 10 Meeting of the Linda Williams, Chairman ZONING BOARD OF APPEALS 11