HomeMy WebLinkAbout1991-09-12
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Town of Nantucket
Conservation Commission
4 North Water Street
Nantucket, Massachusetts 02554
I MEETING MINUTES FOR SEPTEMBER 12. 1991
The meting was called to order at 7:03 p.m. in the Large
Group Ins ruction Room of the Nantucket High School.
Commissio ers present l.'Jere William Willet, Laur::aHussey, Henry
Wasierski Diane McColl, Paniel Kelliher, and Peter Wilson. Also
present w re Bruce Perry, Administrator, and Lucia Wy~th,
secretary;.
A. EXECUTIVE SESSION
I
a. LItigation
The Commissioners were polled and voted unanimously to go
into Executive Session for the purposes of discussing pending
litigation.
The public meeting was reopened at 7:23 PM
B. PUBLIC HEARINGS
1. Richards - 25 E. Tristram Ave.,- SE48-609 - (31-1)
MOTION: To continue the hearing at the request of
the applicant is made and seconded.
UNANIMOUS
2. Diehl - 44 Meadowview Drive - SE48-656 - (56-297)
MOTION: To continue the hearing at the request of
the applicant is made and seconded.
UNANIMOUS
3. Reade - Polpis Road - SE48-663 - (26-26.1)
MOTION: To close the hearing is made and seconded.
UNANIMOUS
4. O'Neill - 98 Wauwinet Road - SE48-662 - (11~25)
MOTION:
request
To continue the hearing at the applicant's
is made and seconded.
UNANIMOUS
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Meeting Minutes for September 12, 1991 Page 2
5. Hoffman - 16 TaLitemo Way - SE4S-665 -(Sa-14)
Mr. Perry says this was for~n eleVatedpief" and asks
because of the height would the commission rathe~ have it
floating on posts.
Mr. Willet thinks it is a g(:)od idea to have a lower
profile.
Mr. Perry says he will contact Mr. Wills.
MOTION: To continue the plan for a new design is
made and seconded.
UNANIMOUS
6. Dunham - Tristam Avenue - SE48-666 - (31-02)
MOTION: To continue the hearing at the applicant's
request is made and seconded.
Mr. Perry says he and D..... Dunwiddie looked at the pocket
to determine if it w.;is a Wetland or not and determined that
it was. They have ac;p"eedori a bounda....y and Mr. Haines is
goir;ag to make an adjustment to the septic system and house
location if necessary.
UNANIMOUS
*
7. Crozier
SE48-649 - (60.3.1-139-145) - Amendment
Present for the applicant'is Mr. Chris Holland.
Mr. Perry says they have submitted plans to build a
garage and a storage ar.ea wl-lere< the dog perl currently sits.
Because the original order speclfically prohibited horizontal
expansion, this request could not be done as a minor
modification. Says he is requesting considerably less than
what was denied this spring and is eliminating the second
story.
MOTION: To close the hearing is made and seconded.
UNANIMOUS
* 8. Bordes - 12 Oakland St- SE4S";"664- (59.4-1S7-192~ 255-etc)
Present for the>appl icant is John Shugrue. Mr. Wi llet
""ads t!le field inspection report.
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Meeting Minutes for September 12, 1991 Page 3
Mr. Shugrue responds to Mr. Perry's suggestion to tie the
electrical servige to 'the lift pump also to the water pump as
he did for Johns~n in ord~r to prevent the lift pump not
coming on. Says,he does not believe it is necessary in this
case, as there i a 1500 gal. sealed septic tank that will
flow into a pump pit. Even if we had high water and the pump
was pumped down ou could still use the water in the house
and not fill ~he tank to the poin~ where you have to ....un the
pump to empty it so none of it would be leaking out so it
would not be necessary. Also~ he would not like to put 2, 20
amp motors o~ th~ same piece of wire~ As far as moving the
septic away fro~ the wetland, he can see the possibility of
getting 3-4' anQ that is all.
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Commissioners discuss the location of the septic system.
Mr. Shugrue says he will take a look at their suggestion
and work ona solution.
Mr. Willet asks if the other wetland needs to be flagged.
..1.
Mr. Shug....ue agrees to take another look at it.
Mr. Perry says the additional wetlands may affect the
trenches and he also may want to move the well.
Mr. Shugrue says he would prefer to not move the well as
the existing well provides fairly gOOd water. It has been
there for over 20 years.
Mr. Shugrue agrees to provide a revised plan.
MOTION: To continue the hearing for additional
information is made and seconded.
...'"'
UNANIMOUS
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9. Hawkes - Esther Island - (36.2.3-97)
Mr. Blackwell says they have not completed the plans and
notes they have not received a file number yet~
Mr. Perry says we can open under the state and continue
under the local order.
MOTION: To~ontinue for additional information is
made and seconded.
UNANIMOUS
* 10. Leet -27 Western Ave. - (87-76)
Meeting Minutes for September- 12, 1991 . Page 4
Present for the app Ii cant is Mr. Lester Smi th, Attornev
Melissa Philbrick. Also present are two abutters.
Mr. Perry says we have received r~vised site plans from
Mr. Smith.
Mr. Willet reads the field inspection report..
Mr. Smith says based o,ndiscussions at. the field
inspection which recommended moving the house, they have
submitted a new plan which reflects that; the setback is now
17i to the road.
Mr. Perry notes a deck has now been added.
Mr. Smith points out the deck is low and the house front
is in line with the other houses. They do meet the setback
to the coastal dune of 50' without a waivel-.
Attorney Philbrick says they will be submitting this new
plan to the Board of Appeals and will need a variance. It
won't~ however, be close~ to the road than the existing
houses.
Mr. Smith says they have discussed in the notice the
accretion in the area.
Mr. Willet asks Mr. Perry about his discussion with DEP
regarding definition of the bank.
Mr. Perry says the question is, is the rise at the end of
a dune a coastal bank. M~. Smith says it isn't because the
100 year flood line is well down on the other side of the
dune. His position is ypu come out of the ocean to beach to
dunes to a bank. The bank may not be significant to the
resource area but he thinks it can be defined as a bank. If
you do call it a bank, waivers would be required. He would
suggest it be called a bank.
Mr. Willet asks if the area next door was not called a
bank.
Mr. Perry says yes, so he would like to stay with that.
Notes the draft coastal bank policy will help to clarify the
situation but we ~annotbe going with that.
Mr. Smith says decisions on other areas on the island
have been renderednat coastal banks because they have dunes
in front that in factc:onfine the 100 year flood (Oliver
NO!). If a land formdq~!;m' t confine the 100 year flood,
there's noway you cah~~yit is significant to storm damage
and flood control. We have here over 900' to the ocean and
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Meeting Minutes for September 12, 1991 Page 5
Attorney Philbrick asks you want to determine \not only
that it isa bank bwt it is significant to sto....m damage?
Commission says yes.
Commissioners discuss the accretion/erosion in various
areas on the island with Mr. Smith and Atto....riey Philbrick.
-Mr. Smith states that the long term trenc:l for the area is fer
acretion and that the sand bars in the o~ean are acting as a
natural groin to this area.
Ms. McColl responds that this type of situation can
change at an~time- for ihesituation at the Siasconset
Treatment area. The area had been stable for a long time ar~
now it has caused a halt in construction of the plant due tc
rapid erosion.
Mr. Smith says based on your approach to the situation
we'll put in for a waiver. We don't agree, however, that i-:
is a coastal bank
Mr. Perry says we would also like to see information or
the septic installation and specifically the distance to
ground water and, as the leach trench is being located in t~=
dunes, we would like to see a revegetation plan to stabilize.
Also need to see ridge heights.
Ms. Cheryl Creighton says the notice is an incomplete
fil~ng without the septic plan. Also, the notice lacks
identification of a coastal bank as a resource area. Notes
the definition in the "Guide to Coastal Banks" indicates a
bank may well be behind a dune area; it doesn't have to be
confined to tidal action per see
Mr. Willet says that is the line we're taking.
Ms. Creighton cOJ"lt.inues that it can be defined generalIv
by the.change in vegetation, just a gradual sloping and no
superficial or topographic features indicating a discernible
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Meeting Minutes for September 12, 1991 Pa;le 6
bank" No es here it is .a very d i scernib Ie bank shown bv the
~ontour I nes. Given that, there are numerous waivers t~at
...ould be required for the dwelling, septic and leaching
acilities, Also you have local regulations that clearl.
tate, that no part of a septic system shall be put in a
oastal dune. She thinks this needs to be addressed. T~E
oard of Health regulations also require special variance
Jrocedures. Numerous waivers will be required for this
ndeveloped lot.
Mr. Willet says Mr. Smith will address several of thEse
'concerns.
MOTION: To continue the he~ring for additional
information and a file number is made and secondej.
UNANIMOUS
c. REGULAR MEETING
1. REQUEST FOR DETERMINATION
*
a. Arnold - 127 Wauwinet Road - (12-6 & 7)
Mr. Willet asks what the status is.
Mr. Perry says this was to be taken up August 15. T~:
abutter notification has not yet been done and he has no:
been able to reach the applicant. Thinks she has gone ba:k
to Texas and lost interest in this file. Would suggest ~~e
Commission issue a determination for the state only and
remove it from our agenda. Presents the issue. Says he joes
not see that the action is altering; rather that it is
beneficial as the trees block sand and stabilize the area.
Notes there is a letter in the 1'"ile from Mrs. Smitn whic-
states they were just replacing the trees that were
mysteriously cut down the previous winter.
Commissioners recommend a negative determination.
MOTION: To issue under the state a negative
determination as being within the resource area :ut
will not alter.
UNANIMOUS
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b.
Frazier - 88 &90 Baxter Rd - 49-05, 06
Mr. Perry says he contac~ed.Mr. Frazier today and he
again forgot to notify the abutters. Notes he is
recommending .a positive determination.
Meeting Minutes fOI- September 12, 1991 Faqe 7
MOTION: To continue at the applicant's request :=
made and seconded.
UNANIMOUS
*
c. Bennett - Off Millbrook Rd - <56-241>
Mr. Willet ....eads the inspection report which says there
is a wetland across ,the travelled way and recommends a
posit.ive dete....mination due to the marginal to upland
vegetation in the area, lack of specifics of the filing and
steepness of the bank to the swamp.
Mr. Perry says primarily the people who filed want t~
know if they could do something with it if they were to ~uy
it. Says he feels they can get 100' away from the weta'-eas
and 50' from the swamp and he told them they would be ge~ting
a positive determination to file a notice before they b~:lt
the ho.use. Notes there is a large area that is marginal. It
has a large Beech tree and a couple of Hawthorns, which are
fac up, and Viburnum which is fac. There is no wetland on
the lot though there used to be a stream.
MOTION: To issue a positive determination is ma=e
and seconded.
UNANIMOUS
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d. M~Cullough - Eel Point Rd - (33-12. 13 & 32-16)
Presen~ for the applicants is Attorney Melissa Philb-ick.
Mr. Perry says there are two sets of photos; one set =ame
with the determination, the other is with a citizen's
complaint.
Commissioners discuss the signs: notes they are not
bl(:)ckirig t....affic but feel it impacts scenic view.
Attorney Philbrick says the signs are located on the
properties of the owners named in the determination.
Mr. Willet says he understands they had guards there this
summer.
Attorney Philbrick says a person was down at various
times who would talk to people. Says the real problem f-~m
her client's point of view werethepeoplewho drove ver:cles
down the beach towing people along the beach at about 2::-30
miles per hour. Acknowledges they were stopping people and
restricting vehicles.
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Meeting Minutes for September 12, 1991
Page 8
Mrs. Hussey says our concern isn't with that.
Mr. Perry says unq.er the local By-Law~ taking the
vi.ew into account, do you feel this is a de:triment to
wetland scenic View and ask them to modify the signs?
see,. i c
the
Commissioners say it's ugly and intrus.ve.
Attorney Philbrick says she does not h ve the abutter
notification .forms so needs to continue. ays this is a
brief ~iscussion under the state. The ~econd thing she wants
to mention is that the design of the sign may be changed so
she would like to continue for two weeks.
MOTION: To continue for additional information and
abutter notification is made and seconded.
UNANIMOUS
2. ORDER OF CONDITIONS
a. Reade - Polpis Road -SE48-663 - (26-26.1)
Mr. Pe....ry says Mr. ReaQe is not here; he has drafted the
order and they want to take a look at it so we'll put off
issuing till the next- meeting.
MOTION: To take no action is made and seconded.
UNANIMOUS
3. CERTIFICATE OF COMPLIANCE
a. Woodbury Lane - SE48-312 - (41-543)
MOTION: To continue for additional information to
the October 10 meeting whEm p..... Dunwiddie and Ms.
Ceeley will be in attendance is made and seconded.
UNANIMOUS
b. Old North Wharf - SE48~489 - 42.3.1-225
MOTION: To issue the Certificate is made and
seconded.
UNANIMOUS
c. Sherman - SquamHoad - SE48-335 (21-1.20)
MOTION: To continue at the applicant's request is
made and seconded.
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Meeting Minutes for September 12, 1991 ~age 9
UNANIMOUS
d. Holch
11 Wauwinet Rd - SE48....563 (20-43)
Mr. Perry says the addition is smaller than approve= and
they have moved. thesto....ageshed away from the wet land a:: we
asked.
MOTION: To issue the Certificate is made and
seconded.
UNANIMOUS
~. Moran
343 Madaket Rd. - SE48-620 (60.2.4-63)
Mr. Perry says the grass ig now growing and the area lS
stabilized.
MOTIDN: To issue the Certificate i~ made and
seconded.
UNANIMOUS
f. Schnetzler.... 3~ Eel PointRd -SE48-375 (32-22)
Mr. Perry gays t~is is just going to be a discussic~
tonight. Back in 1979 she filed a notice ~o build a he_52
and proceeded to get seven extensions. When she finall~
built it in 1986 she got an Enforcement Order for diggi'-';
into the bank and it required her to file a notice to
reconstruct the retaining wall. She never did the work and
now the notiCe has run out. She can"tget compliance 0-
either order because the work wasn't done according to tne
plans. He told her to file a determination to do the
retaining wall. Once that is done we can take care of
signing off on the other notices.
MOTION: To continue for additional information is
made and seconded.
UNANIMOUS
g. Schnetzler - 39 Eel Point Rd - SE48-90 (32-22)
Mr. Perry says this is just going to be a discussic.-
tonight. Back in 1979 she filed a notice to build a hc,-:se
and proceeded to get seven extensions. When she final:.
built it in 1986 she got an Enfbrcement Order for diggi~:;
into the bank and it required her to file a notice to
reconstruct the retaining ~all. She never did the work and
now the noticehCls run out. She can't get compliance 0'-
either order because the work wasn't done according to ~he
Meeting Minutes for September 12, 1991 Page 10
plans. He told her to file a determination to do the
retaining wal L Onc.e that is pone ;we can take care of
signing off on the other notices.
MOTION: To. conti nue for add it ional i nformat ion is
made and seconded.
UNANIMOUS
h. Oxbow Realty Trust - SE48-646 - (46-1)
Mr. Perry says these were replaced with anew order ~hich
joined the two lots. All of the appeal periods have passed.
The orders have been re<::orded; so we need to issue a
Certificate of Complial"lceand indicate the order was
withdrawn and is no longer valid.
MOTION: To issye the Certificate is made and
seconded.
UNAN.I MOUS
i. Old Polpis Road RT - SE48-647 - (46-1)
Mr. Pe....ry says these were replaced with a .new order ~hich
joined the two lots. AIL of the appeal periods have passed.
The orders have. been record(;!d;so we need to issue a
Certificate pf Compliance aDP indicate the order was
withdrawn and is no longer valid.
MOTION: To issue the Certificate is made and
seconded.
UNANIMOUS
4. ExtENSION
a. Cranberry - West Chester St. - SE48'"'"425 (41-227)
Mr. Perry notes this was discussed at the field
inspection.
MOTION: To issue tl-le extension is made and secc~ded.
UNANIMOUS
b. Huffman - . Jefferson Ave - SE48-515 (30-45, 46)
Mr. Perry says this is. the first extension. She is r-.:ving
somesand~round to construct the addition to the cottage.
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Meeting Minutes for September 12~ 1991 Page 11
MOTION: To grant a one year Extension is mad~and
seconded.
Commissioners
familiar with it.
applicantdescribi
d'i scuss the pro j eC t as they are no t
Mr.. Perry reads the letter from the
g the work compl'eted and work remaining.
Mr. Perry sugg sts they go out and look at the project
and have Mr. Newma or Ms. Huffman come in and explain the
status.
Mr. Willet says this is the first request and they have
come to us for an extension.
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UNANIMOUS
c. Linburg - 31 Codfish Park - SES48-514- (73.1.3-11)
Present for the applicant is Mr. John Shugrue who says he
does not want to proceed with the work until Town Counsel
determines who owns the land down there.
Mr. Willet asks if there is some question about erosion.
Mr. Shugrue says he hasn't looked at it for the last
couple of months. . The last time he did it was 6" to a foot;
that was a year and a half ago.
Mr. Perry says in the last 13 years they lost about 100'
of beach. They a....e replacing a couple of small cottages with
a l~rge 5 bedroom structure and aseptic system. His
question is as located it is still 50' away from the bank; if
we could get an exact survey of where the beach is, he would
feel better about extending it for a year.
Mr. Willet asks if he can give us some information on it.
Mr. Shugrue says he will rough it out. Believes,
however, the litigation will continue for several years.
Mr. Willet suggests Mr. PerTY find out the status of
li~igation against Land Count deeded properties.
MOTION: To continue for additional information is
made and seconded.
UNANIMOUS
5. OTHER BUSINESS
a. Ahapol - discussion
Meeting MinLites for September 12, 1991 Page 22
Present as an abutter is Mr. E....ichsen.
Mr. Perry says he has interest ing pho togl-aphs from an c:d
file of 1981 of the area when "they used to go' in and 0 l,ow.
The entire dune system has grown up in the last 10 years.
Mr. Perry says Attorney Andrew Leddy was not able to be
here tonight as he had",to go off island. He hasrec:eived.
just tonight, a draft pl.nt~ng plan for the area.
Mr. Erichsen repeats his objection to M,-. Anapol's
maintaining a driveway where previously there has been only a
footpath.
Commissioners comment they visited the site on Monday.
Mr. Erichsen asks when the commission will take action.
Mr. Wi net says he thi nks we should give them. one more
week to come before the commission.
Mr. Per....y suggests we issue an Enforcement Order if the\!
are not present at the next meeting.
b. Burke- 37 Gardner Road - SE48-645 (43-85> -minor m~d
Present for the applicant is Mr. John Shugrue.
Mr. Willet abstains from the discussion and the vote.
Mr. Perry ~ays we received notice from DEP accepting thE
withd~awal of both'of the appeals. Our order of conditions
th~refore is valid. The request tonight is to request the
word "apartment" be reinstated in the order.
Mr. Wasierski reads a letter from Mr. Burke requesting _
minor mod.
Mr. Perry says Mr. Moretti feels during the hearings Mr.
Burke and his agents did not represent it as being an
apartment but as an overflow bedroom so he basically is
changing his stance to ask for an apartment. The zoning cc~e
now reads that if you put in any kind of sanita~ion
facilitiesina building it becomes a dwelling. You no
longer have to have a bedroom, kitchen and bathroom. We
allowed him to put in a bathroom and he just wants to chance
it to be able to have a kitchen. I guess.
Mr. Shugrue says the zoning reads if you said no
apartment you couldn't put plumbing in there at all.
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Meeting Minutes for September 12, 1991 Pac: 13
Commissioners discuss the new building department
regulation regarding the definition of dwelling. I
Commissioners suggest it isn't 'up to the commission to; de'::ne
the building as an ~par~ment or not.
Mr. Wasierski says we're here to protect wetlands
not ice came. in as a house and a boathouse.
i-~s
Mr. Kelliher says as a house and a boathouse with a
bedroom ih the boathouse.
Mr. Perry nbtes the septic system is designed to hanc:e
four bedrooms and they just want to add a kitchen.
Mr. Kelliher says he just wants to
bed~oom, which is in the boathouse_ an
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call the fourth
apartment.
Mr. Wasierski says but we're turning a boathouse intc a
dwelling. I don't know that we should do that.
Mr. Kelliher says if you sleep in a place I'd call it a
dwelling anyway.
Mr. Shugrue says that what the Building Department is
calling it under the new zoning code.
Mr. Wasierski asks if they have a building permit yet.
Mr. Shugrue says he doesn't have an order yet. He w::l
have to go to the Planning Board for second dwell ing appr:'/al
either way. With sanitary facilities in there and the zc-ing
code as I read it anything that has a bathroom is a dwel::ng.
Mr. Perry says what we need to decide is if they can ;=
from a bedroom to a bedroom, kitchen and bath.
Mr. Wasierski asks is that what we're doing or are wE
going from a boathouse to a dwelling--to an apartment.
Mr. Kelliher says it's still a boathouse with a s~co-=
floor- apartment. They are just changing the terminology ':rom
a bedroom to an apartment on the second floor. I see no
.problem with that.
..
Mr. Perry says a boathouse with a bedroom, kitchen a,=
bath above it.
Mr. Shugrue says you get basically the $ame amount 0':
footprint, the same amount of sewage and it's just a mat::-
of what is inside the building.
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Meeting Minutes for September 12, 1991
Page :4
MI- s. HU$sev ask s wha t they are ask i ng for is a minor
modification?
Mr. Wasierski says he doesn't see where that's our
jurisdiction.
!
Mr. Kelliher says we tell people they can't hav~ one i
don't see why we can't say they can have one.
Mr. Wasier'ski says we don't 1:el1 people whether they 1..::"
or not.
Mr. Wilson says we wrote it in that it was a bedroom.
Mr. Kel'liher says a bedroom with a bath.
Mrs. Hussey asks if that came in with Mr. Moretti who
wanted that.
Mr. Wasierski says no it came in on a plan for a
boathouse with a bedroom above it.
Mr. Kelliher says yes, so now he wants to change the
bedroom and bath to an apartment.
Mr. Wasierski says no. he wants us to say he can have an
apartment. He's asking us to tell someone else that he ca"
have an apartment.
Mr. Kelliher says he's not asking us to tell someone
else.
.
Mr. Wilson says he s~es Mr.Wasierski's point.
Mr. Pen-y says he'll take the Order of Conditions to t""'e
Building Department.
Mr. Wasierski says you bet he will and he'll take it
everywhere else and will sav this is what Con Com said I
could have.
Mr. Kelliher says and to Get zoning then he has to qo :0
the 2BA. He doesn't have to show it to anyone else because
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Meeting Minutes for September 12, 1991 Page 15
to get zoning he has to get a waiver from the ZBA. I see no
problem.
Mr. Wilson says we could say and/or apartment.
Mr. Wasierski asks if there is any further disc ssion.
If not, we'll accept a motion.
Mr. Kelliher makes a motion.
MOTION: To g~ant the Minor Mod to Mr. Burke at 37
Gardner Road is made and not seconded.
The motion dies and the order stays as writ~en.
c. Santa Rita - SE48-585 (26-22.1, 22.4) minor mod
Present. for the applicant is Attorney Melissa Philbrick.
Mr. Perry says we have two requests. The first is
regarding a walkway that was to be brushcut through a wetland
which the state appealed and issued a superseding order which
said either replicate or move the path outsrddethe wetland.
Th~y want to move the path outside the wetland and they have
a new plan and plan to let the old path revegetate. Mr.
Pe~ry says he has one question.
Commission agree they have no problem with the request.
Mr. Perry says to clarify, the modification is to only
use the path outside the wetland and the other one will not
be used at all.
MOTION: To grant the minor modification is made and
seconded.
UNANIMOUS
Attorney Philbrick says you're granting this only under
the local order because the superseding order was done by the
state.
d. Santa Rita -SE48-630 (26-22.4) minor mod
Present for the applicant is Attorney Melissa Philbrick.
Mr. Perry says this is the order for the qaraqe studio
which was built into the bank and that we w$re convinced
would become adwellinq. Asks Attorney Dale's letter be
read.
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Meetinq Minutes for September 12, 1991 Page 16
Mr. Willet reads the letter which asks special cohdition
#~3 ~hich prohibits..use as .a dwelling be mOdifie.dbasedon.
t e recent Building Department revised definition of a
d elling. The new definition of a dwelling is a building
sed for habitation containing sanitation facilities.
Mr. Perry says what they are asking is to make this
tuilding into a dwelling, according to zoning.
I Mr. Willet says but our special condition specifies no
sleeping facilities or kitchen.
Mr. Perry says he went through the minutes and it was
~nother building outside. the original b'~ildin~ envelope.
they had bypassed two bUIldable areas wlth brIdges, wetland
crossings. to get to this one big house. .
Attorney Philbrick says at, the time we were writing this
order we were being consistent with the zoning code. That
has now changed.
Mr. Wasierski says what is wrong is something starts out
A today and turns to B tomorrow and they go to the ZBA and
they say fine. that's all right. That's exactly what's going
on on this island.
Attorney Philbrick says in this case that can't happen
without coming back here. If your order says no eating, no
sleeping, there's nothing the ZBA can do.
Mr. Wasierski says we can't enforce that.
Mr. Willet says when we passed it initially we knew we
couldn't enforce it. And it's an on-going concern.
Mr. Perry says but by putting a bathroom in there it now
becomes a dwelling under zoning.
Attorney Philbrick says but it's not any different from
~hat you allowed.
Mr. Perry asks if the commission con$iders the change
minor.
Attorney Philbrick says that's the first determination if
you think it's minor. And ~y opinion is there isn't a thing
about this project that's changed.
MOTION: To accep~ the change as a minor
modification.
r ..O~__""',"""" -~
. f
.. '
Meeting Minutes for September 12,.1991 Page 17
Mr. Wasierskisays he'll second this one becaUse it
doesn't s~y it's an apartment because he doesn't :feel we are
putting our foot in it this time.
UNANIMOUS
e. Polpis Bikepath public hearing-Wed, 9/25, 7:30pm ~GIR
6. CORRESPONDENCE
7. MINUTES: for August 15 and 29, 1991
MOTION: To accept the minutes as drafted is made and
accepted.
UNANIMOUS
8. BILLS TO BE PAID
9. FIELD INSPECTIONS: Monday, September 23, 1991, 4:00
MOTION: To adjourn the meeting at 9:0S p.m. was made
and accepted.
UNANIMOUS