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HomeMy WebLinkAbout1984-May-4MINUTES Board of Appeals A Public Hearing of the BOARD OF APPEALS was held on Friday, May 4, 1984 at 1:30 p.m. in the Town and County Building, Federal and Broad_ Streets, Nantucket. Present were, Lydle Rickard, Acting Chairman, Eileen Cahoon, Andrew Leddy (out of the hospital this day) and Harold Taylor. The first matter of Old Business to come before the BOARD was the Application of HAROLD BOOKER, JR.,(033 -84). The notice was read to the public and several letters in support of Mr. Booker's project were read. Kathleen Haig, Sherry Dukes, BJ Young had no ob- jection. The Planning Board recommended favorable action, too. Mr. Booker said he planned to have no more than 10 or 15 horses on his 21 acres. 2 acres provide year -round grazing. He said all trails would be out toward the beach and assured everyone that he was aware of the need for protecting the watertable: all manure is taken away. This Application was UNANIMOUSLY GRANTED. The second matter of Old Business was to clarify the amount of parking spaces required by MARINE LUMBER (026 -84). With the number of 44 spaces agreed upon, this Application was UNANIMOUSLY GRANTED. The third matter of Old Business was the Application of HARRY S. REID (035 -84) seeking a Special Permit to put an apartment into a newly restored house in the Old Historic District. A letter from St. Paul's Church was read: they favor this Application. The Planning Board is also in favor of it, provided Mr. Reid complies with the parking regulations and the year -round occupancy requirement. Foley Vaughan and another neighbor thought it would be a "vast im- provement." This Application was UNANIMOUSLY GRANTED. (Mr. Rickard was excused because of a conflict and Mr. Leddy sat in his stead.) Both BUTLER and TASCH are still UNDER ADVISEMENT. It was decided there was need for a decision - making meeting before the next public hearing. -2- May 4, 1984, cont. Both POWERS and RICKARD were also put off again. There was some discussion of Use Variance jurisdiction regarding Town Meeting. Apparently Town does have control and took this power away from the BOARD at Town Meeting. The last item of Old Business to come before the BOARD was the Application of CHARLOTTE APPLETON (023 -84) seeking a Special Per- mit under Section 4(C)(2)(c)(7) concerning garages and related activities in Residential - Commercial areas. She wishes to open a car wash; the use is provided for. She plans to use biodegradable soaps, have traps for refuse. The Planning Board is in favor of this Application; it is not within the aquafer district. D &B Auto is in favor also. Edward Sanford approves. Joan Craig asked a question about screening and she was also asked to obtain a writ from the sewer inspector. This Application was UNANIMOUSLY GRANTED, provided the car wash meets all the other Town requirements. The first matter of New Business to come before the BOARD was the Application of HOLDGATE AND COLLETTI CONSTRUCTION CO. (037 -84) seeking a Special Permit for an asphalt and concrete plant under Section 7(I) of the Zoning By -Law, expansion of a non - conforming, pre- existing use. Wayne Holmes, Esq. spoke on their behalf telling the BOARD that the project meets all applicable standards for environmentalists. The plant is in disrepair now: a general road excavation business, gravel pit. Bought 12 years ago. All above - ground storage. There were many comments. Mr. Rickard observed if it is a good clean operation which meets all necessary standards it could be licensed and periodically examined. What about noise level? It is 600 feet to dwellings with a buffer of trees. Ellen VanderWald, a tenant across the way wondered about noise, smoke, odor, etc. Mr. Holmes said relief can be gained, if there is a problem. Maya Gaillard wanted to know if zoning in that area could be changed. Dave Worth of the Wannacommet Water Co. said there could be no impact if it is in the Aquafer district; has to go back to the Planning Board. Joyce Krebs, an owner on Milestone Road wanted to -3- May 4, 1984, cont. know about manufacturing there. "Addition of manufacturing use to general construction facility ". She also voiced concern about property value. John Rowe of the Nantucket Land Council said the use was discontinued, therefore not grandfathered. The prior use was a minor portion. Mr. Michael Driscoll gave us some pertinent history: 1931 deeded to Nantucket Construction Co. In 1980, it was deeded to Foulkes and in 1983 to H &C. Last asphalt was in 1972: they surfaced Union Street. There is no pro- vision in the By -Law 6(D) in any residential area. #11 use was abandoned for more than 3 years. There has been cold mix (sand and oil) all along, 2000 tons a year. Augie Ramos said between 1973 -1976 there was no cold mix made on Island. Ellen Vanderwald said there had been no cold mix business the last few years she has lived there. Maya Gaillard is concerned about toxic wastes, petrochemicals, hazards. Janet Coffin a near neighbor is worried about noise, pollution, property values. Mr. Holmes said it would be seasonal; might run 5 times a month. This Application was taken UNDER ADVISEMENT. There were letters, a telegram, a mailgram of protest: Emily MacDonald, Andrews, Lynn/ Coffin, Ann Coffin Gardner. The Planning Board made no clear recommendation. The last matter of New Business to come before the BOARD was the Application of LAUREN YOUNG (039 -84), seeking relief from a re- striction in title. Arthur Reade, Esq. represented the Applicant, telling the BOARD some history of the building. It was a former nurses' residence until 1960 for Nantucket Cottage Hospital. Been an apartment building since 1960. Ms. Young has run it for the past 63., years and made significant improvements. She's free from criticism, can show a professional brochure with photos. The building is now under agreement with substantial members of the community (L. Riggs) so it will continue to be managed well. The building on Kite Hill has 4 apts on the first floor and a single apartment on the second floor which is restricted to owner occupancy only, not rental property. This is the problem with the title. The restriction was put down at the time Lauren Young bought the building when she was only 20 and there was a fear of the possible use of the accomodations. Bob Appel, who in 1972 owned all of Kite Hill claims there -4- May 4, 1984, Cont. have been illegal expansions. He worries about too many people on that restricted lot, subletting the apartment. Parking could become a prob- lem. Mr. Reade pointed out that in the deed easement is given with no limitation. His client would be happy to accept a restriction of only one family per apartment and no subletting. This Application was taken UNDER ADVISEMENT. There being no further business before the BOARD, the meeting was ADJORNED.