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HomeMy WebLinkAbout1990-08-17 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, August 17,1990 at 1:00 p.m. in the Selectmen's Hearing Room, Town and County Building, Nantucket, MA 02554. The meeting of the Board of Appeals was called to order at 1:07 p.m. by Chairman Linda Williams. Board members Bill Sherman, Marshall Beale, Dale Waine, Robert Leichter were present as well as alternate members Ann Balas, Peter Dooley, and Michael O'Mara. Application 053-90/Jeffrev and Susan Lee. and Helen Shannon/ Emilv Street/ Self was a request for a Special Permit to reduce the rear lot line setback from ten to five feet to allow the addition of a roofed porch onto the house. Mr. Lee was present to ask that this application be withdrawn without prejudice. He said that his neighbor objected to the project and he did not wish to force the issue. Motion was made that the application be withdrawn without prejudice. Seconded. All in favor. Application 042-90/ Stuart and PhYllis Freilich/ Sherburne Turnpike Sitting on the Board for this application was Bill Sherman, Marshall Beale, Linda Williams, Ann Balas, and Peter Dooley. Stuart Freilich was present to give a background on his application. This was a request for a Special Permit under section 139-33A to enable the construction of an addition to his existing nonconforming dwelling, extending the building line to the edge of an easement. The property is located at 4 Sherburne Turnpike. Mr. Freilich said that the addition was needed to accommodate his wife's parents who would be living with them. He outlined the steps taken to proceed with the building of the addition. He said that after an architect was hired, expensive plans designed, and a contractor hired, a problem came up with the Building Permit because of a reversal in the decision of the Building Department which then stated that they must apply for a Special Permit. Mr. Freilich showed photos of the property and elevation. Reasons why the addition was designed as it was were discussed along with various concerns. In a letter, the HDC reviewed several revisions of the architect's plans and stated that the final revision was the best plan. The Planning Board gave a favorable recommendation on the final plan. Ron Santos, Building Commissioner, was present to object to the statement that the Building Department had reversed its decision. He said there was nothing in his file on the Freilichs that showed there had been approval and then a reversal of that decision. Mr. Freilich admitted that there was nothing in writing. Ann Balas said that she and Chairman Williams had done a site viewing. She said that the plans increased the nonconformity and wondered how the Board could revote something that it had already voted "no" on. Marshall Beale also questioned whether issues could be revoted. Bill Sherman said that the Freilichs had provided new information as the Board had asked them to. He said the Board could revote issues if that was the wish of the Board and the Chairman. Meeting of the Board of Appeals, August 17,1990 at 1:00 p.m. Bill Sherman made the motion that the Board reverse the July 13 meeting and grant relief with a restriction against a second dwelling. Motion was seconded. Marshall Beale abstained from the vote. Bill Sherman, Linda williams, Ann Balas, and Peter Dooley voted in favor. At this time, Chairman Williams said that a revote of the July 27,1990 vote in which assignment of Board oversight responsibilities had taken place was necessary as the procedure in which the vote had been taken was called into question. Ms. Williams said that she had spoken with Town Counsel, Paul DeRensis, and he said a revote was not necessary. However, to satisfy everyone, a revote would be taken. Spencer Cowan said that it would have been preferable that Ms. Williams not participate in the discussion of the oversight responsibility of the position of Secretary even though Ms. Williams did not participate in the discussion of the oversight responsibility of the position of Secretary even though Ms. Williams did not participate in the vote. To rectify this, a revote would be taken. Vice-Chairman Sherman made the motion to appoint Robert Leichter to supervise the Secretarial functions. Motion was seconded. All were in favor. Ms. Williams was not in the room for the discussion or the vote. Lee Bourgoin, Executive Secretary to the Board of Selectmen, said that Ms. Williams had appointed her own alternate to vote and that was linkage that should not have occurred. Mr. Cowan said that there was no precedent that, when a Chairman cannot sit on an issue he or she cannot appoint an alternate.Mr. Sherman, as acting Chairman, refused to appoint an alternate. Robert Leichter made the motion to appoint an alternate. Motion was seconded. If the vote prevailed that an alternate be appointed, her or she would be chosen by lottery. A vote was taken with Marshall Beale and Bill Sherman voting in opposition and Robert Leichter and Dale Waine in favor. The Board continued with the motion that Ms. Williams be supervised as Secretary by Mr. Leichter. Dale Waine commented that he felt that Linda Williams had done a good job as Secretary in the past and it would be in the Board's best interest and the Town's best interest to keep her as Secretary at least for the short term and possibly for the long term. Mr. Leichter said that he was not enthusiastic about supervising as it would taker up quite a bit of time. Mr. sherman asked why job descriptions for the various Board positions had not been handed in by anyone except himself when the Board had voted to do so on the 27th of July. The motion that Chairman Williams be supervised in her position as Secretary by Mr. Leichter was voted upon with Bill Sherman and 2 Meeting of the Board of Appeals, August 17,1990 at 1:00 p.m. Marshall Beale voting in opposition and Dale Waine and Robert Leichter in favor. Motion did not carry. Vice-Chairman Sherman asked the Board if it wanted to entertain a motion to contract Chairman Williams as Secretary. Lee Bourgoin, Executive Secretary, said that a contraact was not necessary in the short term when it did not invlove a substantial amount of salary. M. Cowan said that an ethical issue was an ethical issue and was a violation if she accepted more than $50.00 as compensation. Ann Balas suggested that the Board go into Executive Session. Mr. Bourgoin said that it was not proper to go into Executive Session unless the Board needed to discuss something of a highly personal nature. Peter Dooley said that he felt Linda Williams should have her say. He felt that a lot of assumptions were being made about Ms. Williams without her knowledge. Theodore Tillotson, attorney, was present and said that he was distressed by the actions of the Board. He said that a vote had been taken to elect Ms. Williams as Chairman of the Board and that she had been an efficient Secretary in the past and that, whatever the personal feelings of the Board, it should live with its decision. He said that he had heard nothing to determine that the situation was an unethical one from Mr. Bourgoin or Mr. Cowan. Julie Fitzgerald, attorney, asked if there was an opinion from the Ethics Committee that Ms. Williams could not hold both the Chairman and Secretary positions. Spencer Cowan, Zoning Board Administrator, answered that there were three steps required by the State Ethics Commission, two of which have already been taken. The steps were as follows: 1. The Board must be designated as Special Municipal Employees. 2. Ms. Williams request an exemption under section 20 (a) of the State Ethics Code, MGL Chapter 268A to permit her to hold a paying position for the Board of which she is a member. These two steps have already been taken. 3. Another member of the Board of Appeals be delegated the oversight authority for her in her position as Secretary to the Board of Appeals. Mr. Cowan said that since the Board voted not to delegate the authority to Robert Leichter, Linda Williams was in violation of athe State Ethics Committee ruling. The member kchosen by the jBoard must be ratified by the Board of Selectmen. Mr. Bourgoin read a letter written by Ms. Williams that stated she had picked Peter Dooley as her alternate and Mr. Bourgoin said that this was not proper. The meeting was adjourned for a five minutes break and called to order again at 2:10 p.m. 3 Meeting of the Board of Appeals, August 17,1990 at 1:00 p.m. Mr. O'Mara asked if the Board could agree on someone else to oversee Ms. Williams. Bill Sherman said that he was unwilling to serve in that capacity and only Mr. Leichter was willing. However, the Board was deadlocked on that vote. Ms. Williams came back into the room at 2:15 p.m. Vice-Chairman Sherman asked Chairman Williams if she had any preference as to how to resolve the conflict. She responded by saying that she had had an extensive conversation with Town Counsel, Paul DeRensis, and that her situation was no uncommon and was handled in the manner outlined by Mr. Cowan. She suggested that the reason an alternate was not appointed was because some members of athe Board wanted to see t6he vote deadlocked so that her dual position would be in violation of the State Ethics Commission ruling. Robert Leichter made the motion to ratify the July 17,1990 to have Mr. Leichter act as supervisor over Linda Williams as Secretary. Dale Waine seconded the motion. Dale Waine and Robert Leichter in favor and Mark Beale and Bill Sherman in opposition. Mr. Bourgoin said that the advise of Town Counsel to him was the opposite of what Chairman Williams maintained. Application 049-90/ R. Sarivsl Cafe Bella vital Bavberry Court I Tillotson. Motion was made by Bill Sherman to continue this application until the September 14,1990 meeting. This was an appeal from the Building commissioner's decision. Motion was seconded. All ln favor. Ron Santos, Building Commisioner, requested that any appeal be in written form and submitted to his office. Vice-Chairman Sherman said that the Board of Appeals had received no record on appeal from Mr. Sarvis. Application no. 048-901 AI B Prestandrea/Libertv Street I Self was a request for a Special Permit under section 139-33 A to extend a pre-existing, nonconforming use of stairs which violates sideline setback requirements. Mr. Sherman said that the proposed addition would not increase the nonconformity and was not substantially more detrimental. Chairman Williams asked if there were any favoarable or unfavorable comments from the audience. There were none. Dale Waine motioned that relief be granted per HDC plans. Motion seconded. All in favor. The Board at this time consists of Bill Sherman, Marshall Beale, Linda Williams, Peter Dooley, and Robert Leichter. Application no. 50-901 E.M.R.E. Corp.1 S. Water and Cambridqe Streets/ Fitzgerald was a request foar a Special Permit to expand one building that fronts on two streets, South Water and Cambridge. Special Permits under zoning codes 139-33A and 139-18G to expand a pre-existing structure and relief from parking 4 Meeting of the Board of Appeals, August 17,1990 at 1:00 p.m. requirement for one space were sought. Also a Variance was requested for waiver of off-street loading facilities. Julie Fitzgerald, Esq. represented E.M.R.E. Corporation and the property at 7 S. Water which houses liThe Downeyflake" and 12 cambridge Stree which houses liT-Shirt Academy". she gave a history of the property and outlined the plans to update the kitchen, bathrooms, and storage for the restaurant. She presented the plans for construction to the Board. Vice-Chairman Sherman asked if there was any other information to help the Board make a finding. Ms. Fitzgerald said that the restaurant doesn't need Variance relief for on-site loading. The proposed reconstruction would add 920SF of second floor storage space and would be within the existing footprint. Mr. Sherman said that the Board wanted to see the building updated and the Planning Board Recommendation was favorable on all relief requested. Chairman Williams said that Variance relief was not necessary. Vice-Chairman Sherman said that there was no finding as whether it was or was not necessary. Peter Dooley made a motion to approve relief requested conditional to on-site storage and substantial conformity to the plans. Robert Leichter seconded. All in favor. Application no. 051-90/ Sam Starkl Millbrook Roadl Self was a request for a Special Permit under zoning code section 139-16C to reduce required sideline setback from 10' to 5' on the north side of the lot in order to validate the siting of an existing house. Mr. Stark was present and described the house. He said that he was told by the surveyor that the line encroaches upon the required sideline less than a foot. Chairman Williams said that the foundation was legal but the building line was not. Marshall Beale made a motion to validate the siting showing the encroachment up to one foot. Bill Sherman seconded the motion. All in favor. Application no. 052-901 Robert and Dorothv Tonkinql Teasdale Circle/ Weinman was a request for a Specail Permit under zoning code section 139-9B(3) (b) for warehousing and storage. Rhoda Weinman discussed the property at 5 Teasdale Circle and said it was a commercial building not open to the public used to house inventory. She said that the setback requirements were met as were the groundcover requirements. Vice-Chairman Sherman asked if antique trucks were to be stored as well, did the applicant want the relief to include garage storage? Spencer Cowan, Zoning board Administrator, said that relief was not needed for garage storage. Marshall Beale asked if there was a plan for exterior lighting. Bill Sherman made the motion to grant relief as requested. Motion seconded. All in favor. 5 Meeting of the Board of Appeals, August 17,1990 at 1:00 p.m. Sitting on the board at this time were Bill Sherman, Marshall Beale, Linda Williams, Ann Balas and Robert Leichter. Application no. 054-90/ Brent and Julie Younq/ Cherry Streetl Weinman was a request for an Amendment to a special Permit # 096- 86 under zoning code section 139-18E or 139-22. The original Special Permit granted two off-site parking spaces. The Amendment or Variance seeks to reduce the waiver to one space. The property is located at 1 Cherry Stree. Rhoda Weinman, Esq. gave a background of the property. She said that her clients purchased the property and turned the house into what is now Orange Street video. Fast Forward is in the same parking lot as Orange Street Video. Ms. Weinman produced a parking plan for the lot. The applicant had been able to provide one of the two waived spaces onsite. Vice- Chairman Sherman said there was nonconformity as to parking, and asserted that legally it is one lot. He said the Board could not amend a Special Permit to say something that it has no right to say. Ron Sanots, Building Commissioner, said that he would prefer that relief, if granted, was in the form of a Variance. Mr. Sherman said that he was apprehensive about cars backing out of the parking spaces on the Cherry Street side of the property. He said tahat the key question was safety. Spencer Cowan agreed that it was a hazardous situation because people use Cherry Street both ways. He liked the idea of employee parking but felt that the Board would almost be better off granting a Variance for all the spaces there rather than adding to the confusion. Ms. Williams suggested marking the parking as employee parking. Ann Balas asked when the two businesses were open. Ms. Weinman said there was no overlap in their peak times. Marshall Beale asked if it could be made into a one-way parking lot. Mr. Cowan said athat that was not feasible as Williams Lane was one way and Cherry Street is two way. Trying to funnel everything onto Williams Way would overload it. Ms. Weinman suggest sed moving the curb back to make it safer. Motion was made by Bill Sherman to continue off-site parking by Special Permit and grant a Variance for two spaces so long as the use is not intensified or the structure enlarged. Ann Balas seconded. All in favor. There being no further business before the Board, Chairman Williams adjourned at 3:45 p.m. LINDA WILLIAMS, CHAIRMAN ZONING BOARD OF APPEALS Q