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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