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HomeMy WebLinkAbout1989-December-8BOARD OF APPEALS The meeting of Friday, December 8,1989 at 1:OOp.m. All Board members were present. The meeting took place in the Board of Selectmen Meeting Room, Town and County Building, Nantucket, MA 02554. William Sherman, Chairman, called the meeting to order at l:llp.m. beginning with the old business of application number 047 -89 Nantucket Commons Trust /Sarvis /Bear /Dave /Streets /Tillotson. Linda Williams,Secretary, read a letter from attorney Tillotson stating that Robert Sarvis and Building Commissioner, Ron Santos, had reached an agreement and, therefore, attorney Tillotson requested that the application be withdrawn without prejudice. Ms. Williams asked Mr. Santos-if this was an accurate assess- ment and he concurred that it was. Motion was made by Dale Waine that the application be withdrawn without prejudice. Motion was seconded and so voted unanimously. Application number 057 -89 M.-Teireira,Tr. /Harborview /South Beach_ Street/ Tillotson was represented by attorney Taber who requested relief in the form of modifying a special permit and variance to validate the proposed parking spaces and loading zone, and to authorize the landscaping plan increased from 450 sq. ft. to 480 sq. ft. of ground cover. Chairman Sherman reviewed the landscaping and parking plans presented by attorney Taber. Ms. Williams asked Building Com-nissioner, Ron Santos, if he could foresee any problem with the proposed parking. He stated that he was satisfied with the proposal and 'gad no objection to the paving of the parking area or the modification of the landscaping. Motion 'as made by Dale Waine to grant a form of relief by modifying a special permit and variance to validate the parking spaces and landscaping plans. Motion seconded and so voted unanimously. Clarification of. the language in application number 061 -89 /Sankaty Head Golf Club,inc. /Sankaty Ave./Hobart was requested. Rachel Hobart,Esq. pro- posed that the language stating that the "parking area be graveled" should be struck from the application, and it should read that the "access be graveled ". The parking area will remain grass. Chairman Sherman said that this would only require a clarification form, and Ms. Williams agreed she would file one as soon as possible. Recuest for clarification of a special Permit 069 -89 issued to David and Gail ',lore in 1988 was represented bv Kevin Dale Esq. He asked that a sentence of paragraph 5 of the original decision be deleted. Is. Williams asked Mr. Santos for his comments on single family restrictions as opposed to rental use. The motion was mde by Ms. Williams to strike the sentence that states that the living space be vacated by the applicants and, instead, specify that the space could not be used for commercial or guest unit purposes but could be used for family habitation. The motion was seconded by David Leggett and so voted. Clarification of decision in application number 060 -89 was represented by Rachel Hobart, Esq. She asked that the Board approve a new dormitory plan :or this application on the grounds that the footprint remained the same and the new plan was only the rearranging of rooms. Chairman Sherman remarked that the change did not raise new zoning issues or require new findings. Motion was made to accept,as a clarification, the revised plan. I&V l� -mil( /'Y2-A' g--t- Minutes of the meeting of December 8,1989 Page II David Leggett seconded, so voted. New application 062 -89 /Francis /Mary Lethbridge /Orange St. was represented by themselves. This was an application for a special permit for an accessory apartment. The Planning Board had offered a favorable recom- mendation on the Lethbridge's apartment so long as it did not exceed the 800 sq. ft. limit, and Mr. Lethbridge assured the Board that it did not. Two off - street parking spaces will be provided. It was moved by David Leggett, seconded, and voted to grant the requested Special Permit. Application number 064 -89 /Artist Association of Nantucket /Pleasant St./ David Moretti was a request for a new special permit under the grandfather - ing rule to keep the barn or carriage house at its present site but convert it into a secondary dwelling. Ordinarily, the barn as a secondary dwelling would not be allowed so close to the sideline. A second request for relief to convert the barn into a secondary dwelling was proposed by David Moretti,Esq. Chairman Sherman said the barn was not a nonconform- ing use, but it is a nonconforming structure. Robert Leichter commented that it would be easier to move the barn in order to make it conform. Mr. Moretti said this was not a comparable economic solution. Ron Santos was asked to com. ^..ent on whether or not the Building Department would issue a building permit for converting the barn into a secondary dwelling if first relocated to a conforming site. He said he foresaw no problems. A finding that no relief was needed to convert the barn, if on a conforming site, was approved. Motion was made by Dale Waine to grant a Special Permit to convert the barn into a secondary dwelling at its present site, seconded by Michael O'Mara. All opposed, request denied. Application number 065 -89 /Thomas Gleaves Rhodes /Main Street/Sarah Alger requesting a special permit for structural additions, relocation and garage area. The property at 12' Main Street contains three dwellings, all existing since 1880, with one cottage, "Starfish ", increased in size in 1983. Chairman Sherman asked that occupancy since the death of previous owners be verified for "Starfish ". Sarah Alger, Esq. said she would obtain an a iidavit from Peter Medders stating that he had lived there since the death of his parents. Ms. Williams commented that, although the property has three dwellings by right, the proposed plans would increase the noncon- forming nature of at least "Starfish ". Their effect was more conforming in that they provided car parking space. She said there were letters from neihbors in the file to be read and put into the record. Chairman Sherman read several letters protesting the proposed additions and asking that the Board make a viewing of the property. Robert Leichter and Michael O'Mara expressed concern over the visibility of a garage from Main Street and the effect of exhaust fumes under a neighbor's kitchen. Robert Leichter asked if all possibilities of putting a garage on the eastern side had been exhausted. lis. Alger said that giving up the proposed relocated kitchen in the "Starfish" renovation and rendering it no longer a third dwelling were large conces- sions, but that they would be willing to make them if it meant approval of the garage. Motion was made to continue discussion on this application Minutes of the meeting of December 8,1989 Page III until December 18,1989 at 1:00p.m. Dale Waine seconded the motion, so voted. Application number 067 -89 /Mary Ellen Hall /Sasapana Road /Arthur Reade concerning a subdivision off Milestone Road between the Rotary and Nobadeer Farm Road, filed originally with the Planning Board in 1971. In 1972 in the proceedings of the Planning Board, a constructive grant was claimed allowing two dwellings on each lot of this subdivision. Litigation followed, settled in favor of the applicant. Property was sold to Milestone Realty Trust, and with a deadline in April,1984, building permits were issued for many lots. In September,1985, the HDC approved building plans; a house was partially constructed, then left unfinished. New owner(Sept.1987), Mr. Richard Glidden, requested an additional 81sq. ft. over the original 2480 sq. ft. on record in the Building Department. Arthur Reade,Esq. argued that the incomplete house was an eyesore, submitted a petition by neighbors who want the house completed, and stated that no one would purchase the house if there are unresolved issues. Ms. Williams asked if there were a current purchase and sale agreement. Mr. Reade replied that there was not. Ron Santos said that there would be no problem if construction stayed within the limits of the 1984 building permit issued, but since the current plan would exceed this by 81 to 83 sq. ft., it was necessary to come before the Board of Appeals. The plumber working on the house stated that it was 75% :watertight. Taking into account a 1988 amendment of the ground cover definition, the porch shown on the first floor plan does not count as groundcover, reducing the square footage to 2485 sq. ft., only a 5 sq. ft. difference from the original 2480 sq.ft. Chairman Sherman said that although the Zonir_g Code states that one can not build a different building, the 5 sq. ft. difference was so minimal that no variance was needed. Motion was :jade by Peter Dooley that no variance was needed; hence denied. Seconded, so voted. Application number 063 -89 /Pierre Garneau /Sasapana Road /Kevin Dale_ requested relief to allow Mr. Garneau to construct a garage that would exceed the allowed 1500 sq. ft. by 180 sq. ft. Attorney Dale argued that there no opposing abutters, and that a garagewould benefit the neighborhood in that it would house Mr. Garneau's vehicles. It would not set a precedent in this neighborhood as most of the homes have garages, and the neighborhood is in favor of 'sir. Garneau having a garage. Chairman Sherman maintained that the la::- requires that a hardship arise out of the topography. Attorney Dale presented pictures to show the slope of the 'Land, and claimed that there would be financial hardship to add landfill. Chairman Sherman cited the precedent of the Laughlin application and litigation involving living space built above a garage. Kevin Dale requested a continuance. Ms. Williams made a motion to continue the application until December 18,1989 at 1:00p.m. Motion seconded; one opposing vote by David Leggett, four assenting votes. Application continued until December 18,1989. Application number 069 -89 /Christian Science Society of Nantucket /Madaket Road /Arthur Reade requested variance relief for church parking. Building Minutes of the meeting of December 8,1989 Page IV Commissioner Ron Santos denied parking permit on the grounds that there are insufficient spaces to meet the applicable requirement for church parking. Arthur Reade,Esq. argued that in every zoning district one can build a church, and submitted a petition in support as well as a letter from the donor, Emily Long. A letter of support was submitted from Albert Brock who is currently the neighbor of the Christian Science Church. Representative from the Christian Science Church, James Martin, gave a description of the present site and listed the reasons the plans could not be altered. He expressed the need for additional space and noted the benefits to the community. Ron Santos explained that a church was considered a place of public assembly, but that a variance could be approved conditional on the number of occupancy. Chairman Sherman questioned Mr. Martin on handicapped parking, overflow parking onto. the Madaket Road, and read letters of dissent. He observed that a condition could be made in granting the variance that if the number of occupancy exceeded the limit, off -site parking would have to be provided. Peter Dooley made the motion to grant a variance waiving seven of the twelve parking spaces for up to forty -nine people. Over that number would require off -site parking. A 12 ft. wide driveway was also required to comply with fire regulations. Ms. Williams seconded the motion. Unanimously voted approved. Aoolication number 066- 89 /C.Gold,Trustee /D.Shapiro Trust /Hummock Pond Road /Arthur Reade was a request to set the record straight and validate an 8 ]"t. setback that is 2 ft. short of the required 10 ft. side yard setback. .,r. Reade stated that the applicant would accept a condition that there would be no new construction. Chairman Sherman read a letter in opposition that maintained the additional 2 ft. "blocked the view ". Ann Balas made a motion to approve the request to validate the 8 ft. side yard setback, subject to that condition. Motion seconded by David Leggett; so voted. Application number 068- 89 /P.Marken,Trustee /Map Realty Trust /Teasdale Circe /Arthur :ease requested a variance to enable moving a food storage warehouse back away from Teasdale Circle as far as possible. A second variance was asked to permit a driveway that would be 12 ft. wide at the street, widening to 29 ft. at the warehouse. Ann Balas surveyed the blueprints and questioned the exact layout of the building and driveway. :'r. 'darken explained that there would be trees planted for screening. Chairman Sherman asked what the recommendation of the Planning Board was and ;:-as told that the Planning Board had no strong feeling either way. There would be no secondary building. Motion was made to approve the variance upon conditions incorporated in the decision. Linda Williams seconded; so voted unanimously. Application number 070 -89 /Nantucket Conservation Foundation,Jonathan Davis/ Toupchue Valley /Arthur Reade asks for a frontage variance to facilitate NCF grant of an easement providing access to the premises without cutting across wetlands frontage and with conditions most beneficial to the ~ Minutes of the meeting of December 8,1989 Page V environment while allowing limited development. Arthur Reade,Esq. gave a history of the property and the reservations of the Nantucket Conservation Foundation to allow any access at all. Mr. Reade explained that the owner of the property, Jonathan Davis, and the Nantucket Conservation Foundation had come to an agreement that would not constitute a subdivision and had received a favorable recommendation from the Planning Board. Motion to grant the variance on conditions affording assurance that requirements of the agreement would be complied with. David Leggett seconded; so voted unanimously. Discussion of applicants, Spencer Cowan,Esq. and B. Johnson,Esq. for the position of Zoning Administrator. Motion was made by David Leggett to appoint Spencer Cowan to the post. Motion seconded by Linda Williams; all were in favor. There being no further business before the Board, the Board voted unanimously to adjourn at 6:45p.m. William R. Sherman, Chairman BOARD OF APPEALS