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Home My WebLink About2017-6-8Minutes for June 8, 2017, adopted July 13 \) C_ ZONING BOARD OF APPEALS i N CLEF " 2 Fairgrounds Road 2017 JUL 14 AM 9: 40 Nantucket, Massachusetts 02554 www.nantucket-ma.gov Commissioners: Ed Toole (Chair), Lisa Botticelli (Vice chair), Susan McCarthy (Clerk), Michael J. O'Mara, Kerim Koseaac Alternates: Mark Poor Geoff Thayer Jim Mondani -- MINUTES -- Thursday, June 8, 2017 Public Safety Facility, 4 Fairgrounds Road, Community Room — 1:00 p.m. Called to order at 1:02 p.m. and Announcements made. Staff in attendance: Eleanor Antonietti, Zoning Administrator; T. Norton, Town ;Minutes Taker Aliending Members: Toole, Botticelli, McCarthy, O'Mara, Koseatac, Poor, Thayer, Mondani Al,sent: None Laie Arrivals: None Farly Departures: Poor, 2:45 p.m.; O'Mara 2:46 p.m. A\ enda adopted by unanimous consent APPROVAL 1. OF 1. May 9, 2017: Motion to Approve. (made by: O'Mara) (seconded by: Botticelli) Carried unanimously OLD BUSINESS 1. 051 -03 Rugged Scott, LLC Rugged Scott a /k /a Beach Plum 40B Posner The Applicant proposes to convert the home office on Lot 2 at 3 Wood Lily Road to an additional bedroom, and requests modification of the number of bedrooms allowed on Lot 2 under the Comprehensive Permit from three bedrooms to four. In the alternative, applicant proposes to reduce the number of bedrooms in the dwelling on Lot 34 at 4 Cranberry Lane from four bedrooms to three, and increase the number of bedrooms on Lot 2 from three to four. Applicant further proposes to add a gazebo to the community area on Lot 42 at 8 Wood Lily Road. To the extent necessary, Applicant requests modification of the Comprehensive Permit, and the assent of the Zoning Board of Appeals to amend the Declaration of Restrictions and Easements, so as to effectuate the foregoing relief. Locus is situated within the Rugged Scott, a /k /a Beach Plum Village, 40B, is shown on Assessor's Map 67 as Parcels 801, 833, and 841 and as hots 2, 34, and 42, respectively, upon Plan No. 2006 -19. Evidence of owners' title to Lots 34 and 42 is in Book 761, Page 53 and to Lot 2 is in Book 1575, Page 27, all on file at the Nantucket County Registry of Deeds. The site is zoned Limited Use General 2 (LUG -2). Votng Toole, Botticelli, McCarthy, O'Mara, Koseatac :Alternates Poor, Thayer, Mondani ReClLsed None Documentation File with associated plans, photos, required documentation, slideshow, email, and map. Representing Josh Posner, Principal — Overview, status report, and request for two modifications. 'tine market rate homes and six more affordable homes to be built. Jamie Feeley, Cottage & Castle Pubic Ed Pesce, Pesce Engineering Matthew Martinez, 2 Thistle Way Discussion (1:03) Toole — Asked if the project is compliant with all conditions for allocating monies. Posner — All that is complete; a list is contained in the email. Enumerated complete infrastructure. Toole — Asked if the local preference is working out. Posner — Yes; seven of the 10 affordable units were reserved for Nantucketers; doesn't believe there have been any off - island applicants for the affordable units. Toole — Asked if the homeowners' fee is fixed for the affordable units. Posner — Explained the formula established that affordable homes pay 20% per unit; however, as the maintenance budget goes up, the fees go up. When the development is turned over to the homeowners association, they will make decisions that might affect the fee such as a larger pool or new common building. They will have to come back to the ZBA for a change in the program. Toole — He's concerned because Mr. Feeley now owns one of the lots; asked how it would work in regards to the final Cost Certification. Mr. Feeley might or might not be sharing in the profits of the project. Posner — He would be happy to talk to Ed Marchant about whether or not something has to be done. He had received advice that selling Mr. Feeley a lot was permitted. Toole — Suggested a letter might be necessary from the subsidizing agent saying it is okay. The potential is for a member of the public to think Mr. Feeley might have gotten a special deal. Argues that since it wasn't mentioned in the Page 1 of 5 Minutes for June 8, 2017, adopted July 13 2. 41 -16 Linda Mason 23 Monomoy Road Beaudette Applicant is seeking Special Permit relief pursuant to Zoning By -law Section 139 -33.A to allow an increase in the pre - existing nonconforming ground cover ratio upon the pre - existing nonconforming locus. The proposed work consists of removing the pre - existing nonconforming dwelling and replacing it with a larger dwelling which will be sited so as to cure the nonconforming side and front yard setbacks. The Locus is situated at 23 Monomoy Road, is shown on Assessor's Map 54 as Parcel 205, and as Lot 17 upon Land Court Plan 10937 -C. Evidence of owner's title is registered on Certificate of Title No. 22059 at the Nantucket County District of the Land Court. The site is zoned Limited Use General 1 (LUG -1). Voting Toole, Botticelli, McCarthy, Koseatac, Thayer . Alternates Mondani Rc(used O'Mara, Poor Documentation None Representing None Pul )lic None Discussion (2:21) None Motion Motion to Continue to July 13, 2017. (made by: Koseatac) (seconded by: Botticelli) \'o e Carried 5 -0 3. 12 -17 8 Derrymore, LLC 8 Derrymore Barnes \ pplicant seeks Variance relief pursuant to Zoning Bylaw Section 139 -32 from the front yard setback requirements in Section 139 - 16._1. >pecifically, applicant seeks a waiver to validate a front yard setback distance of 8.8 feet in a zoning district which requires a minimum listance of 10 feet. The dwelling is otherwise dimensionally compliant with the provisions of Section 139 -16. The Locus, an undersized lot of record, is situated at 8 Derrymore Road, is shown on Assessor's Map 41 as Parcel 244, and as Lot 6 upon Plan Book 1, Page 25. Evidence of owner's title is in Book 1514, Page 24 on file at the Nantucket County Registry of Deeds. The site is zoned Residential 1 (R -1). Voting Toole, Botticelli, O'Mara, Koseatac, Thayer Alternates Mondani IZecused McCarthy, Poor Documentation File with associated plans, photos and required documentation Representing Peter Barnes, owner — When they put in the new foundation, the house ended up 8 inches higher than previously; that necessitated the additional step on the landing. Pul he None Dis.:ussion (2:22) Board reviewed additional information requested in the previous hearing, before - and -after photos and code requirements on door landings. O'Mara — The house is in the same place and it doesn't seem to be intentional. The stoop doesn't seem to be particularly large. It could have been done in compliance but he can find his way to vote for the variance. Botticelli — A lot of the houses along the street are close to the road. Toole — The variance is problematic because this could have been built compliant and could still be brought into compliance. Antonietti — The structure has been there since 1924. Variance can be crafted around the situation of the house upon the lot. Fits in the neighborhood. Thayer — The house didn't move; they need a landing; and the house was raised to meet the building code. Motion Motion to Grant the relief as requested based on the finding that to comply with building code it required an extra step. (made by: Botticelli) (seconded by: Thayer) \'ot. Carried 5 -0 III. NEW BUSINESS 1. 13 -17 Mark J. & Pia L. Abate, Appellants, and Mark & Elizabeth Norris, as Owners REQUEST TO WITHDRAW WITHOUT PREJUDICE Voting Toole, Botticelli, Koseatac, Poor, Mondani Alternates Thayer Rec, ised McCarthy, O'Mara, Documentation None Representing None Public None Discussion (233) None Motion Motion to Accept the withdrawal without prejudice. (made by: Botticelli) (seconded by: Koseatac') Vote Carried 5 -0 Page 3 of 5 Minutes for June 8, 2017, adopted July 13 \lotion Motion to Modify the variance as requested omitting Condition (b) regarding common ownership and modifying Condition (c) per ground cover figures reflected in Staff report. Lot B be is in excess of allowed 3% ground cover ratio of its lot area and can expand no further and Lot A can expand up to total ground cover of 1,816 SF.. (made by: Koseatac) (seconded by: McCarthy) Vote Carried 4- 1 / /Thayer opposed OTHER BUSINESS 1. Reminder that the terms for Board Member Susan McCarthy and Alternate Board Member :Mark Poor will expire on June 30, 2017. The Board members have submitted applications to the Board of Selectmen for a meeting in June so that the% may vote on the re- appointment of McCarthy and Poor or appointment of potential new candidates. The ZBA will vote on Board positions at the meeting on July 13, 2017. 2. Sachem's Path Update by Ed Pesce, Pesce Engineering — In Phase Il, 22 foundations are in; the 23,d is a Habitat for Humanity home. All but seven of the 23 homes of Phase 11 are framed. He has been asked to get a date from the ZBA for a tour of Phase I1. ADJOURNMENT V. �1 7tion to Adjourn: 3:13 p.m. Sc urces used during the meeting not found in the files or on the Town website: 1. None Submitted by: Tory L. Norton Page 5 of 5