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HomeMy WebLinkAbout1993-03-05 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, March 5,1993 at 1:00 p.m. in the Selectmen's Hearing Room, Town and County Building, Nantucket, MA 02554. The Board at this time is Michael O'Mara, Dale waine, Linda Williams, and Robert Hourihan. Application no. 012-92/ Robert F. Mooney/ Commercial Wharff Keith Yankow was a request for relief by Special Permit under 9 139-30A to allow a change in the use of a dwelling to either a retail food service establish with one take-out station and an upstairs apartment with as many as 6 employees and 8 seats during the high season and in the off season as many as 4 employees and 13 seats. In the alternative, request is made for a 48 seat full service restaurant in a structure said to be pre-existing and nonconforming as to side yard setback. Also requested is relief by Variance under 9 139-32A from the requirements from the requirements of 9 139-20 which is off-street loading. Ten parking spaces are required but under 9 139-18D and the applicant also wanted relief under 9 139-18B (2) for a waiver 6 parking spaces. Attorney Richard Glidden was present in place of attorney Keith Yankow and said the applicant wants to start work by the end of this month. He asked for a 6 months extension. Motion was made by Linda Williams for a 6 months extension. This extension would run from March 31,1993 for 6 months. Motion was seconded. All voted in favor. The Board at this time is Nancy Sevrens, Michael O'Mara, Dale Waine,Linda Williams, Robert Hourihan. Application no. 036-93/ Joan Wilson/ N. Gullv Road/ Reade was a request for a Variance to enable the relocation of the dwelling upon the property at 4 North Gulley Road in siasconset. Attorney Sarah Alger represented the applicant. This is one of the properties in Sconset that was damaged in the December 1992 coastal storm. The owner would like to move away from the eroding bank as soon as they can. Michael O'Mara asked if the house is on the beach? Dale Waine asked what exactly the Board is looking at. The Board looks at plans. The plan shows the new high water mark. The applicant wants to move back onto their own lot about 13 feet. Ms. Williams said this is not the presentation time. They just want an emergency permit. Mr. Waine said that they still must present a formal application. " We don't have the benefit of a full hearing." Ms. Alger said the applicant wants to get as far from the ocean as we can. Mr. Leichter asked about the foundation. Ms. Alger said there is a proposed pile foundation. Ms. Williams said the applicant will have to go for a full hearing on April 13,1993. Attorney Alger said that we understand that it is at our risk. Ms. Sevrens said once you start putting a house in its hard to stop it. Ms. Sevrens asked, "How many more of these have you got coming?" Ms. Alger said that there were no more that she knows of. Dale Waine said " We do have some precedence here as we have done this Meeting of the zoning Board of Appeals, March 5,1993 at 1:00p.m. on Baxter Road." Dale Waine said that it doesn't look like the owner even has any place to even park it for a while. Attorney Alger said that is the problem. Michael O'Mara said the applicant could talk to the neighbors. Nancy Sevrens asked if the applicant absolutely had to have a 0 foot setback. .. Couldn't you have at least one foot as a setback?" Linda Williams said the Conservation commission said this was o-k. Linda Williams made the motion to grant request providing the applicant comes back with a full application. Robert Hourihan seconded the motion. All voted in favor. The Board is Michael O'Mara, Michael Angelastro, Dale Waine, Linda Williams, Robert Hourihan. Application no. 027-93/Nantucket Cottaqe Hospital/ Gouin Villaqe/ Brown was a request for a Special Permit under 9 139-33A to allow the alteration and extension of a structure and its uses which are nonconforming. The current By-Law requirements state that no more than 2 dwellings are permitted on one lot and a minimum of 75 feet of frontage are required in the district. This property has 4 dwellings and 3 social service agencies in the building. The lot has no frontage. In addition, the property is nonconforming as to parking having 6 on-site spaces. Ron Santos, Builidng commissioner, was present to ask if this is a request for a handicapped access ramp. He said if it is, it is not necessary. A handicapped access ramp on the hospital grounds is exempt. He said, .. If this is what you want, you are wasting the Board's time." Peter Brown, hospital representative, was present. He said this request is for a renovation of the bathroom and doorway. Spencer Cowan said that he suggested the Board allow a continuance so the applicant could apply for building permit. Mr. Santos said the ramp and interior renovation would be no problem. Mr. Brown represents the hospital. Melissa Wicker was in charge. Motion was made by Linda Williams to grant a continuance and motion was seconded. All voted in favor. The Board for the next application is Robert Hourihan, Linda Williams, Dale Waine, Robert Leichter, and Michael O'Mara. Application no. 028-93/ Arno/ McPherson/ Easy Street/ Fitzqerald was a request for relief by Special Permit under 9 139-18B,139-20C, and 139-33A to allow the alteration and extension of a structure and uses which are said to be nonconforming. Attorney Julie Fitzgerald represented the applicant. Board member Michael O'Mara said that he would like to disclose that he has had several conversations with Mr. McPherson but we have not done business and he wanted to make that part of the record. Ms. Fitzgerald said her client, Mr. McPherson, who wants to change the alowed use has 2 Meeting of the Zoning Board of Appeals, March 5,1993 at 1:00p.m. increased the number of shops from 1 to 3. The premises currently have one dwelling and one retail store containing 652+ SF and five off-street parking spaces and one loading facility required. The applicant is changing this by adding 2 retail shops and one dwelling unit for a total of 3 retail shops and 2 dwelling units. This would increase the required parking to not more than 17 spaces and the applicant requests a waiver of 16 parking spaces under 9 139-18B. Ms. Fitzgerald said the applicant is asking the Board to waive the number of parking and loading spaces required. Attorney Fitzgerald explained the plan. Mr. Leichter asked what stores are rented yet. He said the Board is looking at retail shops. Ms. Fitzgerald said the bulk of inventory is done in the spring and anything else should be reasonable as far as delivery is concerned. Mr. McPherson has an optional parking plan. He explains to the Board the alternative plan. Dale Waine asked if there is anyone here who is concerned with this application who would like to know what's going on? Several people in the audience went up to look at the plan. The concern is about parking. The applicant wants the Board to waive parking and loading. Linda Williams said this is not going to be a single family dwelling in our life time. No one is going to buy it for that. A representative from the Steamship Authority says traffic will be a problem. Ms. Fitzgerald said she would be receptive to restrictions to appease the Steamship Authority. The Steamship representative is against this because traffic will be intolerable. The boat will definitely have a problem. Mr. McPherson said that very accurate management can do wonders here. Robert Leichter said the problem here is parking and traffic. Dale Waine said he thought there is a problem of intensity also. Mr. McPherson goes to the plan and shows what is going to happen. Linda Williams said the UPS will deliver to all stores. The steamship will have 7 trips a day. Dale Waine asked if the Steamship Authority was more concerned with the tenants using the steamship parking lot. Roger Young said the work this man (McPherson) will have to do is incredible. Robert Leichter said that no matter what restrictions you put on it there will be tremendous traffic problems. Robert Hourihan asked if the steamship Authori ty had any answers to the problems. The representative said no, that he did not. Ron Santos, the Building Commissioner and enforcer, asked, .. Who is going to enforce this? There is no way I can I cite UPS trucks." The Steamship representative said that he can't be runnning up the street to see what the problems are. Ms. Fitzgerald said that she sees a backup on India Street and other streets. .. That's where I see the backup." Linda Williams said we get complaints all of the time. Dale Waine said that on Main Street you can double park and still get by but on Easy Street, you can not double park and get by. A woman in the audience with a home on Easy Street complained that people park in front of my driveway and say they are only going to be a minute but in reality they are much longer. Attorney Fitzgerald said that in light of the Board's previous finding on the Downyflake restaurant application, the 3 Meeting of the zoning Board of Appeals, March 5,1993 at 1:00p.m. Board should grant this. The parking lot that was tried in the Downyflake was never used by the public. Ms. Fitzgerald said this parking is not any different from any other parking. Linda Williams said you are looking at 4 deliveries a day. " No," said Robert Leichter said, " You may be looking at 6 deliveries a day." Roger Young said that the traffic this time of day will not give you the same picture as the summer. Dale Waine said, " Let's continue and let Board members look at this. Mr. McPherson said "None of this is set in concrete. It's nothing I have my heart set on." Mr. McPherson also said that there will be retail on first floor and 2 residential on the second floor. He said that one big unit is unable to attrack renters. Linda Williams said that there is a lot of talk about how the residential use of downtown is going out the window. Mr. McPherson said he would like to have a decision so that work can be started. Ron Santos are you asking for a duplex on the second floor? Is there another access to the second floor? Mr. McPherson said that he didn't want people going up the stairs. Motion was made to continue by Robert Leichter. The motion was seconded by William Hourihan. All voted in favor. Mr. Santos said that his understanding is that there will be one small retail store, and one single family dwelling said Ron Santos. The Board is Nancy Sevrens, Michael O'Mara, Dale Waine, Linda williams, and Robert Hourihan. Application no. 032-93/ Millard/ Shue (Union st. Con) 8 1/2 Union Street/ Glidden was a request for he asked for continuance. Kevin Dale for opposition this is a condominium. Dale Waine said that the Board didn't want to take any evidence and now can we postpone this until later. I would ask that all of the owners consent and agree to this. Dale Waine asked if all of the owners have been notified. Nancy Sevrens said that every single one of the owners of this interval ownership will be notified? Richard Glidden said people have been notified as far as the law allows. Motion was made by Linda Williams to grant relief. Motion was seconded by Robert Hourihan. All voted in favor. The Board for this application is Nancy Sevrens, Robert Leichter, Dale Waine, Linda Williams, and Robert Hourihan. Application no. 026-93/ Mary/Jamie Marks/ Toombs Court/ Alqer was a request for relief by special Permit under 9139-9B(2) (i) ,139- 9B(2) (0) and 139-30A to allow the use of the premises for food processing, manufacturing, and packaging, and relief by Special Permit under 9139-20C. Attorney Sarah Alger represented the applicant. The premises are currently being used by the Marks for a tackle shop. Ms. Alger said the applicant wants to raise chickens 4 Meeting of the Zoning Board of Appeals, March 5,1993 at 1:00p.m. and also have a take out food establishment. Linda Williams asked," What kind of take-out food do you mean?" Mr. Cowan asked if the food would be prepared like First National stuff or some other kind of food. They're here for 3 different reliefs: food processing, off-street loading and dock relief. Sarah Alger said that they are providing parking. Dale Waine asked how many parking spaces will hey be able to provide? The Board goes over the plans. Agriculture is a permitted use in all zones in Nantucket. The 'chicken' part of it may require us to acquire other licenses said Sarah Alger. As an abutter, we don't have any objections to this. Nancy Sevrens said that she does have an objection to this because the chickens are going to have to be slaughtered and prepared. Ms. Sevrens said this is comparable to the chef's table. Anytime you can buy prepared food and sit out in your car with a plastic fork and eat it, this is a take-out. Spencer Cowan goes over the livestock animal feed- lot definition. Attorney Alger said a definition of livestock is something on the hoof. Linda Williams said it is something on '4 hooves'. Ms. Alger said her definition of livestock is that it does not contain poultry. Attorney Julie Fitzgerald said she represents the abutters. Anytime you slaughter a chicken to sell you are subject to the Board of Health and you must show a plan that has 7 different rooms. The extent to which food processing takes place includes disposal. The Chef's Table buys already slaughtered beef. Ms. Fitzgerald said, " You have to have separate rooms. You can not dispose of the blood and guts in the septic in Nantucket. It raises issues of disposal of hazardous wastes." "If they came in 6 months from now would you have a problem with this," said Dale Waine. Linda Williams said that the Board says in its comments that they must meet state and federal requirements. Ms. Fitzgerald said that she represents Mary Campbell and Mike Angelastro. She said there are issues of smell, blood, waste disposal, noise, manure, rodent problems, and grain. This Board has to grant a food processing packaging license. Dale Waine said it is important that the Board understand some of these issues. Michael Angelastro said that I am an abutter. If you do everything that the rules are followed in this application he discusses parking as long as everything is complied with I don't have a problem. Dale Waine said, " Everyone will have an opportunity to speak if it takes until 10 p.m. tonight." Michael Angelastro asked about the agricultural use. Sarah Alger said, " We have a bunch of permits to get and we have to start somewhere." Ms. Alger said that there are statutes that cover this stuff. Jamie Marks was present to speak and the guts and blood go into the plastic bags and then to the dump. He said he had no problem getting rid of anything. He said the quail are small and there won' t be much waste. Mr. Marks said there would be no roosters on the property. Dale Waine asked, " How do you make chickens without roosters?" Jamie Marks said there is a way. Mike Angelastro, in the audience, asked about the flooring. He asked if Mr. Marks will have all the blood and guts inside? Mr. Marks answered "Yes." Board member 5 Meeting of the zoning Board of Appeals, March 5,1993 at 1:00p.m. Nancy Sevrens asked how many chickens were there now? Mr. Marks said there are 50 and they are land hens. Nancy Sevrens are there standards under which chickens are raised? curtis Barnes when it becomes appropriate I am a member of the . Any degregation of the land might jeporadise the new well said Wannacomet Water representative. Robert Leichter said you should talk to the Board of Health Advisory Committee. Dale Waine said he thought the Board should continue this case. Nancy Sevrens asked how big the business would be. Chairman Waine said the Board would not be granting the applicant the ability to enlarge it. Mr. Waine asked if there is any intent to enlarge this building at this time? Attorney Alger said that she is sensitive to the water concerns of this but they could raise as many chickens as they could fit on this property. Mr. Cowan said the next meeting will be the 9th in April but that is Good Friday. Robert Leichter motioned move to continue the meeting until April 13,1993. Michael Angelastro said that as long as the entrails, and feathers are kept inside, the waste is taken away, and state and federal laws are obeyed he had no problem with it. Attorney Sarah Alger said she would like to see it voted on today. They are going to raise quail. Attorney Julie Fitzgerald said that another condition is the fence in the existing structure that is there. Ms. Fitzgerald said that she did not want to find out that because they are approved for the use, then they enlarge this tremendously. Robert Leichter withdrew the motion to continue. Linda Williams motioned to grant the relief under 9 139-30A to allow use of the premises for processing, manufacturing, and packaging of poultry and game birds under 9 139-9.B (2) (i)with the following conditions: 1. All aspects of the processing and packaging of poultry and game are to meet all federal , local, state laws. 2. There is to be a fence along the northwesterly boundry of the property of the closed -board type and of the maximum height approved by the HDC. 3. Expansion of the building not exceed 5,000 SF. 4. All aspects of the processing of the poultry and game birds shall be fully contained and stored within the structure. The wastes will be disposed of off-site. 5. All requirements of the zoning Code shall be met especially relating to parking. Attorney Julie Fitzgerald for the opposition said that," Regardless of the disposal off-site, can we put a number on the birds?" She was assured that all processing would be inside the structure. There would be fencing along the property. Nancy Sevrens asked if the Board could limit the size of the building. Ms. Fitzgerald said the applicant meet required parking and no parking in the way. 6 Meeting of the Zoning Board of Appeals, March 5,1993 at 1:00p.m. Attorney Alger said," How about no parking on Old South road? No off-loading said sarah from old south road. Nancy Sevrens said she did not want to see any expansion of the building. Linda Williams said if he has to add a 10xl0 he'll be back here to get permission. Bill Hourihan seconded the motion. All voted in favor. The Board sitting now is Michael O'Mara, Robert Leichter, Dale Waine, Linda Williams and Nancy Sevrens. Application no. 029-93/ Nantucket Islands Land Bank/ Broad Street/ /Reade was a request for relief by Special Permit under 9 139-18B and 139-33A and 20C to allow the alteration of a use in a structure which is said to be nonconforming and for a waiver of off-street parking and loading facility requirements associated with the present and proposes uses in the premises. Attorney Sarah Alger represents the applicant. She said the proposed uses of the land bank would be one office on the first floor. Ms. Alger said the Land Bank may have to come back in front of the Board in the future. We may have to do a small bit of exterior work for handicap access. A survey was done and they recommend changing it few more inches in the doorway opening. Dawn Darby of the Land Bank was present. Robert Leichter said the Board should put in the decision some language for minor changes so the Land Bank did not have to come in. An exterior ramp does not have to have permission. Dale Waine asked if there were any further questions from the board. Nancy Sevrens said the former owner has a Special Permit right now. What's going on on the first floor? Attorney Alger said that the applicant wants the flexibility to change this. Nancy Sevrens said that separating in her mind that the land bank is a municipal function but what if they sell it tomorrow? Present use of the second floor is 2 apartments. Mr. Cowan said that the premises are more or less noncomplying. Dale Waine said," I dont know if we can make a decision on this today." Curtis Barnes said that at the time this property was to have 3 apartments to be made available and affordable for Town employees. The use on the second and third floor can be used as apartments. Linda Williams said if its abandoned then we have to go back. You want us to retain the second floor relief. Mr. Cowan said the Board you can as a condition of the special permit. The question is do you want to retain that right or not. You can say they can convert. Dawn Darby of the Land Bank said ," We dont know today what our long term office space will be. That's why we are looking for flexibility. We believe we have the ability to rent out the apartments and pay for the building." Linda Williams said it can not be unavailable for handicapped ability. Mr. Phil Bartlett was present to speak and said said for the Land Bank to have to come back before a town board again is ridiculous. Spencer Cowan, Zoning Board Administrator, said you could not convert one apartment to an office without variance relief and then go back to it. Dawn Darby said that the Land Bank is looking for the maximum relief you can 7 Meeting of the Zoning Board of Appeals, March 5,1993 at 1:00p.m. give us. Mr. Bartlett said the Land Bank wants flexibility in the long run. Chairman Dale Waine said, .. I think we can give that to you on the first floor." Nancy Sevrens asked if this approval runs only to the land bank or whomever owns the building? No, it runs to whomever owns the building. Mr. Cowan said that for clarity he would suggest there is one and only one document. Motion was made by Linda Williams to grant relief. The Board would allow a change in use of the first floor from use as an office and one apartment to retail. A change in use would be allowed from 2 apartments to three offices with a reception area. This is conditional that if the offices are allowed, they abandon the right to ' grandfathering' a third dwelling for the lot. This is a waiver of 17 off-street loading parking spaces. Michae O'Mara said if the applicant abandons the use and Mr. Santos says it is not handicapped accessed, you've lost it. Motion was seconded by Robert Leichter. Motion was made for a fee waiver. Dale Waine seconded the motion. voting in favor are Michael O'Mara, Robert Leichter and Dale Waine. Voting against are Linda Williams and Nancy Sevrens. Motion passed. Application no. 031-93/ Erik and Claudia Bender/ pine Grove Lane/ Glidden was a request for relief by Special Permit under 9 139-16C to reduce the required side yard setback for the premises from ten (10) feet to five (5) feet on the northeasterly lot line, or, in the alternative, to validate the unintentional side yard setback intrusion of the existing structure. The property is at 21 pine Grove Lane. Attorney Richard Glidden represented the applicant and said the steps on the northeasterly side of the building are 6.30+- feet from the side lot line where a minimum of ten feet is required. Michael O'Mara said the applicant was in violation of about 3.5 feet. He asked if anyone sits down with an architect and asks what the alternative is. "Yes", said Mr. Glidden." There is an alternative but it will cost a fortune." Linda Williams said the building itself is fine. Motion was made by Linda Williams to validate the siting of the steps. Robert Leichter seconded the motion. Exhibit A included. Nancy Sevrens opposed the motion. voting in favor were Michael O'Mara, Robert Leichter, Dale Waine. A second motion was made by Linda Williams to withdraw 16C of the application. Motion passed. Application 024-93/ Bruce Killen/ Cliff Road/ Self was a request for relief by Special Permit under 9 139-33A to allow the alteration of a use on a lot which is said to be nonconforming. This property is located at 36~ Cliff Road. This is a Goldhirsch case type in which the use is nonconforming because the lot lacks 8 Meeting of the Zoning Board of Appeals, March 5,1993 at 1:00p.m. frontage and the nonconformity is use of a lot with less than the required frontage residential purposes. The lot does not comply with required zoning frontage. Also there is an existing dwelling on the premises which does not comply with the requirements as to side and rear setbacks. The request is for a second dwelling on the property. Mr. Killen is in front of the Board. He said he has rights in the main access of the driveway. Mr. Cowan said this is a noncnoforming use he is asking to put another nonconforming structure on this lot. Christine cummingham said that she represented two of the abutters. "I own two of the houses," she said. Ms. Cunningham said there is already a great deal of noise from construction. I recognise the fact that there is a home business there. The driveway that goes down on the premises is cobblestone. It is noisy most of the time because of the trucks. Secondly the applicant's wife is in private practice. If the other exit is bought then there will be more traffic because one driveway will be lost. Dale Waine asked," If we grant this addition will it cause more noise?" He was told yes, because the right of way would be closed. Ms. Williams left the Board at this time citing a longstanding personal difference with Christine Cummingham. Taking her place is Michael Angelastro. si tting on the Board now is Michael O'Mara, Robert Leichter, and Dale Waine, Michael Angelastro and Nancy Sevrens. Attorney Kevin Dale was present in the audience and said Goldhirsch is only relevant to this application if there is a second dwelling Robert Leichter said the question is whether or not adding a building will be detrimental to the area. Attorney Sarah Alger said she represents the Clapps and they have a letter before the Board. The Clapps want to maintain a certain amount of privacy, said Ms. Alger. This is right up next to where his house is. Dale Waine asked ," Does he have any suggestions as to how this might be cured?" Attorney Loftin said,"If the second dwelling is in the setbacks then by definition it is not more detrimental to the neighborhood." Bruce Killen said he has only a personal use at the home. Ron Santos, Building Commissioner, said all he has to do is come to me and I can grant this as a home use. Ms. cunningham said that she watches the trucks coming and going. " It's a real imposition to me. I don't want any more traffic and people in the neighborhood than are already there." Added use adds to the intensi ty and is more detrimental to the neighborhood. Michael Angelastro said he had to go before the Plannning Board. The right of way is a problem said Ms. Cunningham. Nancy Sevrens said to Ron Santos, " How many home occupations can you have?" Ron Santos answered, "Good question, I can't answer that without study." Nancy Sevrens spoke. " If he has an office and his workers are coming to his house then I believe it is the central headquarters of his business." His personal office is in his home but his business office is off premises. Spencer Cowan suggested the Board move to find that it is an intensification of a residential use. 9 Meeting of the Zoning Board of Appeals, March 5,1993 at 1:00p.m. Robert Leichter made a motion to approve the relief and waive the frontage requirement. Motion was seconded. All voted in favor. There was a second motion by Robert Leichter that the relief would not be substantially more detrimental to the neighborhood. Motion was seconded by Michael O'Mara. All voted in favor. The Board is now Michael 0 'Mara, Robert Leichter, Dale Waine, Michael Angelastro, and Nancy Sevrens. Application no. 025-93/ Marqaret and David WYlie/ Lyon Street/ Self This is a request for relief by Special Permit under 9 139-33A to allow the alteration and extension of a dwelling which is said to be nonconforming and for a change in use in a portion of the premises. The dwelling is a residential use on a lot with less than the required lot area, and the proposed alteration will connect the dwelling to a garage which does not comply. Michael Angelastro read a letter in opposition saying it is not desirable to the neighborhood. There are 2 letters in favor. Motion was made by Robert Leichter that this is not an intensification. Motion was seconded. Nancy Sevrens voted in opposition. Voting in favor were Michael O'Mara, Robert Leichter,Dale Waine, and Michael Angelastro. Motion passed. A second motion was made and seconded that this is not more detrimental to the neighborhood. All voted in favor. Application no. 030-93/ Bruce and Diane Ritter/Baxter Road/ Loftin Road was a request for a Special Permit under 9139-33A to allow the reconstruction, alteration and extension of a dwelling which is said to be nonconforming. The existing house that has been there since 1923. Dale Waine asked how far the lot is from the paved Baxter Road? The house is 6.5 feet from the front lot line. The applicant did not move closer to the bluff. Ron Santos, Building commissioner, said, " I don't think the Board can stretch the Goldhirsh case this far. I will not issue the building permit." Linda Williams said that she felt the Board could do a special Permit under 33A. Linda Williams said, "Forget Goldhirsh." Mark Avery, a commissioner on the Historic District commission, said it is 104 feet out of the conservation area. Ron Santos said when the house is torn down it is then nonexistant. " There is no house there. They are completely demolishing the house." Linda Williams read the letters concerning this application. Robert Leichter asked " What is the problem with making this house conforming? Mr. Avery said, "We tried to stay away from the road as much as we can." Mike Angelastro said that if the applicant demolishes the house, " I vote no." He said he thought the applicant should make an effort to stay within the sidelines. Ron Santos said that there was no erosion here at all. Mr. Avery said that from an historical sense 10 Meeting of the Zoning Board of Appeals, March 5,1993 at 1:00p.m. we are not far from that road. Michael Angelastro said that because you encroach on a setback, he did not intend to vote for it today. Dale Waine said I think because you are going to demolish the whole structure. Robert Leichter said, .. I would recommend that we take another look at this thing and see if we can't satisfy the building department... Mr. Leichter said he did not want to play games with leaving a wall up. The Board wants to see HDC approval and Conservation commission approval. Robert Leichter put it right up to the 100 feet. Mr. Leichter said that the image of the Board is that everyone comes in here to get anything they want. Linda Williams said that no one else has to do this. Dale Waine said that on all the Baxter Road we voted that way because the bank of the bluff was eroding and this was done for greenspace. Michael O'Mara said that he was tending to agree with them. There was continued discusssion on this application with Michael Angelastro going over the plan. Dale Waine asked if the Board could live with the house 30 feet from the current paved Baxter Road. Mark Avery its 18 feet from the front lot line now. 12 feet from Baxter Road. Robert Leichter said .. We ought to see an effort at staying 100 feet from the Bluff. Loftin we're only talking about a few feet. Motion was made by Robert Leichter to continue the application, Motion seconded by Michael O'Mara. Linda Williams opposed the motion and Michael O'Mara, Robert Leichter, Dale Waine and Michael Angelastro voted in favor. Application no. 033-93 / Weibrot/ Powell/ Westmoor Inn/ Dale Ylas a request for relief by Special Permit under 9 139-33A to allow the alteration and extension of a house which is nonconforming. Attorney Kevin Dale represented the applicant. Mr. Dale said the current owner bought the structure and has been here since 1939. The applicant is asking for Special Permit relief. Mr. Dale said the applicant is not changing the structure. Linda Williams said that she got a call from an abutter who said that so long as it wasn't sitting on the lot in an unsitely way, it was fine with him. Mr. Cowan said that he received a call from Mr. Holdgate who was concerned about the septic system. He wanted to be sure the addition did not go into the only area where the septic system could go. Chairman Dale Waine asked if anyone was present who wanted to speak? No. Mr. Dale said that his clients want to enhance the property and the neighborhood. They would enclose what is not enclosed right now. Motion was made by Michael Angelastro to grant the relief with the inclusion of exhibit A. Motion was seconded by Linda Williams. All in favor. Motion was made by Linda Williams to withdraw the request for Variance relief. Nancy Sevrens seconded the motion. All voted in favor. 11 Meeting of the zoning Board of Appeals, March 5,1993 at 1:00p.m. Application no. 034-93/ Bruce and Dace Farrer/ Cathcart Road/ Dale was a request for relief by Variance under 9139-32A from the requirements of 9139-7A (2) (b) which is the rule about 12 foot separation between dwellings. Mr. Dale said the applicant wants to allow the conversion of an existing garage/studio to a secondary dwelling. Mr. Dale said this is not nonconforming in any respect. He said the current interpretation of Ron Santos, the Building Commissioner, is that you compute the dimensions from the furthest shingle. A reasonable interpretation is building line to building line. The Bylaw changed. Mr. Dale said that his client would live with the condition that there will be no cooking facilities, no third parties rental. This board has allowed this over and over. You are disinclined to overrule the Building Commissioner and disinclined to vary with his interpretation. Ron Santos said you can't act on an appeal because there is none. Robert Leichter condition in favor. made a motion to grant a variance Linda Williams seconded the motion. with the All voted The Board is now Nancy Sevrens , Robert Leichter, Linda williams, Michael Angelastro, and Dale Waine. Application no. 035-93/ William Scotti Kinq Street/ Dale was a request for relief by Special Permit. under 9139-33A to allow the alteration and extension of a garage which is said to be nonconforming. Mr. Dale said that the alteration would be to provide a convenience so that the owner can walk from the garage to his house without getting wet. The applicant proposes to construct an addition outside the setback area to connect the garage to the existing house. The property is located at 26 King Street in Siasconset. Motion was made by Linda Williams to grant relief subject to exhibit A. Motion was seconded. All voted in favor. There being no further business before the Board, the meeting was adjourned at 5:41 p.m. Dale Waine, Chairman ZONING BOARD OF APPEALS 12