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