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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application be withdrawn without prejudice.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Motion was made that the application be withdrawn without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