HomeMy WebLinkAbout2017-11-9Minutes for November 9, 2017, adopted Feb. 8, 2018
ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
www.nantucket-ma.gov
Commissioners: Ed Toole (Chair), Lisa Botticelli (Vice chair), Susan McCarthy (Clerk), Michael J. O'Mara, Kerim Koseatp� 4 y
Alternates: Mark Poor, Geoff Thayer, Jim Mondani
-- MINUTES --
Thursday, November 9, 2017
Public Safety Facility, 4 Fairgrounds Road, Community Room —1:00 p.m. t
Called to order at 1:10 p.m. and Announcements made. CD
Staff in attendance: Eleanor Antonietti, Zoning Administrator; T. Norton, Town Minutes Taker in
Attending Members: Toole, Botticelli, McCarthy, O'Mara, Koseatac, Thayer, Mondani tv .
Absent: Poor
Late Arrivals: Mondani, 1:15 p.m.
Early Departures: McCarthy, 4:26 p.m.
as amended by unanimous consent
1. September 14, 2017: Motion to Approve. (made by: O'Mara) (seconded by: McCarthy)
2. October 12, 2017: Motion to Approve. (made by: O'Mara) (seconded by: McCarthy)
11. OLD BUSINESS
1. 76-11 Sachem's Path Nantucket, LLC Sachems Path 40B Reade
Applicant seeks determination that proposed creation of an easement for construction, maintenance, and replacement of an underground
sewer line, to serve 6 Wappossett Circle within a 104 square foot portion of 8 Wappossett Circle, may be considered insubstantial,
pursuant to 760 CMR 56.05 (11)(a)(b), and as such, may be authorized by the Zoning Board of Appeals and incorporated into the
Comprehensive Permit, as previously amended and restated. The proposed easement pertains to Lots 14 and 16 shown upon Plan No.
2014-68. Said lots are part of Phase 2 of the 40B development located on Surfside Road.
Voting Toole, Botticelli, McCarthy, O'Mara, Koseatac
Alternates Thayer, Mondani
Recused None
Documentation File with associated plans, photos and required documentation
Representing Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP — Asking to rule it is an insubstantial change for the creation
of a sewer easement across Lot 16 for the benefit of Lot 14. It has always been shown that way on the Comprehensive
Permit.
Public John Brescher, Glidden & Glidden, for owners of the two lots — Confirms that both owners are aware and have no
concerns.
Discussion O'Mara — Asked who would pay for repairs.
Reade — Provisions in deed address that repairs are the burden of the "dominant estate", owner of Lot 14.
Toole — As long as all the language is there. Asked what happens.
Antonietti — It is incorporated into the comprehensive permit. The deeds are on record.
Motion Motion to Determine this is an insubstantial change. (made by: O'Mara) (seconded by: Koseatac)
Vote Carried 5-0
2. 051-03 Rugged Scott, LLC Rugged Scott a/k/a Beach Plum 40B Hanley/Reade
Extended Close of Public Hearing Deadline April 11, 2018 (180 days from Initial Public Hearing on 9/14/2017)
Decision Action deadline May 21, 2018 (40 days from close of Public Hearing)
Request to Continue to December 14, 2017 and potential request to extend the public hearing deadline by 30 days.
Voting Toole, Botticelli, O'Mara, Thayer Mondani
Alternates None
Recused None
Documentation File with associated plans, photos and required documentation
Representing Marianne Hanley, Reade, Gullicksen, Hanley, & Gifford LLP — Ask to continue the easement portion to allow time for
Mr. Reade to meet with counsel for the affordable homeowners to reach an agreement beneficial to all parties involved.
Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP
Public None
Page 1 of 8
Discussion
Motion
Vote
Motion
Vote
3. 051-03
Request
pursuant
Voting
Alternates
Recused
Representing
Public
Discussion
Motion
Vote
Motion
Vote
4. 20-17
Voting
Alternates
Motion
Vote
Minutes for November 9, 2017, adopted Feb. 8, 2018
ale — It makes sense. This has been going on a long time.
onietti —There is already an extension agreed upon and signed. She will file it immediately.
Lde — The meeting is scheduled tentatively for Friday, November 17; he's hopeful it will be productive toward a
lution of the matter. They want it resolved by December 14, but that might be unrealistic if they can't come to an
:ement at November 17 meeting.
tion to Continue until December 14, 2017. (made by: Botticelh) (seconded by: O'Mara)
Tied 5-0
tion Accept the extension to May 11, 2018. (made by: Botticelh) (seconded by: O'Mara)
Tied 5-0
ged Scott, LLC Rugged Scott a/k/a Beach Plum 40B Hanley/Reade
on 11/8/17 to withdraw determination regarding house model change to Lot 34 (see language stricken out below).
of an extenor 9pa upen Market Rate Lot 34 (4 Cranberry Lane�. To the extent necessary, applicant also seeks approval,
:tion 3.2 (c) of the Comprehensive Permit, to install a garage garden shed upon Affordable Lot 10 (11 Wood Lily Road).
Toole, Botticelli, O'Mara, Thayer Mondani
None
McCarthy, Koseatac
File with associated plans, photos and required documentation
Marianne Hanley, Reade, Gullicksen, Hanley, & Gifford LLP — This is a request for an insubstantial ruling for a zoning
shed on Affordable Lot 10 for use by that lot owner, who is requesting the shed. Provisions of the Comprehensive
Permit say sheds are permitted as long as they are approved by Historic District Commission (HDC).
Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP
Josh Posner, Developer
None
Toole — We can approve this taking the submitted site plan as the determining factor.
Hanley — Asked if the board could rule whether or not other sheds must come to the ZBA.
Toole — As long as they meet all zoning requirements, there should be no problem.
Antonietti — A shed doesn't require abutter notification. Directed members to the language in the Comprehensive
Permit allowing sheds but those still have to be approved by the HDC; if they don't meet zoning requirements, they must
come to this board.
Toole — He wants to be clear that the homeowner must go through the process: meet zoning requirements or get relief
and get HDC approval.
Hanley —The Homeowner's Association also has to approve the shed.
Toole — The developer is the Homeowner's Association until the last house is sold.
Thayer — Suggested that in the face of other issues, the developer is feeling "gun shy" about this whole thing.
Mondani — Making every shed come back makes sense in the short term but not in the long term.
Hanley — Asked the board to rule on this and the issue of other sheds having to come to the ZBA can be revisited at a
later date.
Motion to Determine this 8X8 shed is an insubstantial change. (made by: Mondani) (seconded by: O'Mara)
Carried 4-1//Botticel i opposed.
Motion to Accept withdrawal of the house change for Lot 34. (made by: O'Mara) (seconded by: Mondani)
Carried 5-0
Arthur I. Reade, Jr., Trustee, Rein Three Walsh Nominee Trust 3 Walsh Street Reade
UED TO DECEMBER 14, 2017
Toole, Botticelli, McCarthy, O'Mara, Koseatac
Thayer, Mondani
Motion to Continue to December 14. (made by: O'Mara) (seconded by: Koseatac)
Carried 5-0
Page 2of8
Minutes for November 9, 2017, adopted Feb. 8, 2018
5. 22-17
Fernando C. Colon Osorio and Laurie Margolies, Trustees, Eel Point Road Nominee Trust
189 Eel Point Road Reade
Voting
Toole, Botticelli, McCarthy, O'Mara, Koseatac
Alternates
Thayer, Mondani
Recused
None
Documentation
File with associated plans, photos and required documentation
Representing
Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP — Reviewed the request. Explained the change in the siting of
the garage due to concerns expressed by Nantucket Islands Land Bank at the last hearing. The building envelop is limited
due to extensive wetlands, location of the house and septic, and the setbacks. Submitted a new site plan at the table.
Fernando Colon Osorio — Reviewed conversations he has had with Eric Savetsky; he is willing to ask Mr. Savetsky to
write a letter of support for this location. In regards to the letter from Mr. Crowder dated this November, he was sent the
new plan; said Mr. Crowder's concern at this time is lighting and landscaping.
Paul Santos, Nantucket Surveyors
Public
None
Discussion
Toole — Read the previously -submitted letter from the Land Bank. Confirmed that the house is not winterized.
Osorio — He has insulated the pipes inside and under the house to prevent their freezing. Heating is electric.
Botticelli — Asked how the garage will address freezing pipes.
Osorio — Explained how the garage will be heated and have a heat pump for heating and water for the house; he will be
insulating the outer walls of the house. Currently, they move to town in the winter and leave one car out there.
Toole — He doesn't think the car is a compelling reason for the garage. The heat pump doesn't need to be inside. Asked
how a different heating system is going to protect pipes under a house with a piling foundation. Asked about a crawl
space or full basement.
Santos — The house is in the flood zone and a condition of the original approval was that it had to be on piles.
Botticelli — Asked why the garage can't be attached to the west side of the house; there seems to be room. There seems
to be alternatives to the location and design of the garage and storing a car over the winter.
Santos — The proposed location is in a previously disturbed area, which is preferable to Conservation Commission
(Concom).
Reade — He would like to look at the alternate locations and attaching the garage to the house. Asked for a continuance.
Motion
Motion to Continue to December 14. (made by: Koseatac) (seconded by: Botticelli)
Vote
Carried 5-0
6. 26-17
Scott B. Paton and Kristin S. Paton 33 Orange Street Brescher
CONTINUED TO DECEMBER 14, 2017
Voting
Toole, Botticelli, McCarthy, O'Mara, Koseatac
Alternates
Thayer, Mondani
Motion
Motion to Continue to December 14. (made by: Botticelli) (seconded by: Koseatac)
Vote
Carried 5-0
7. 27-17
Douglas Lebrecht and Gina Lebrecht 4 Daffodil Lane Brescher
CONTINUED TO DECEMBER 14, 2017
Voting
Toole, McCarthy, O'Mara, Thayer, Mondani
Alternates
None
Motion
Motion to Continue to December 14. (made by: O'Mara) (seconded by: McCarthy)
Vote
Carried 5-0
8. 29-17
19-21 Starbuck Road, LLC 19 & 21 Starbuck Road Brescher
Voting
Toole, Botticelli, McCarthy, O'Mara, Mondani
Alternates
Thayer
Recused
Koseatac
Documentation
File with associated plans, photos and required documentation
Representing
John Brescher, Glidden & Glidden P.C. — Recapped the request and concerns raised; read the pertinent bylaw. The
planting plan has been approved by the HDC to minimize the impact of sound and light; all lighting will meet the criteria
for the Dark Skies initiative. Noted that interior pool lighting is required by law.
Elizabeth O'Rourke, Jardin's International
Public
Bruce Mandell, 10 Midland Avenue
Sarah Alger, Sarah F. Alger P.C.
Mark Palmer, 308 Madaket Road
Ken Lindsay, 7 Starbuck Road and owner of 318 Madaket Road
Discussion
Botticelli — At the last hearing, Ms Snell stated the language of the bylaw was changed from "the granting authority may"
to "the granting authority shall..."
Brescher — The "shall" language is in Section 139-30.A not in Section 139.2A under the definition of the pool.
Toole — He looked up the definition of shall; it doesn't mean we must. Asked about moving the pool farther from the lot
line.
Page 3 of 8
Motion
Vote
9. 34-17
Voting
Alternates
Recused
Minutes for November 9, 2017, adopted Feb. 8, 2018
O'Rourke— Reviewed the planting plan. In regards to siting the pool, it's 140 feet from one property line, about 40 feet
from another, and they own along the other line; HDC determined the screening is adequate and it is not visible from a
public way. The pool equipment is be in a shed, which is over 20 feet from the property line.
Discussion about the location of the pool equipment.
Mandell — Submitted his comments at the table. His comments relate to how swimming pools impact the Madaket
community should a permit be issued. The Madaket Area Plan was adopted in 2006 and states the neighborhood is to
maintain its low density and country nature; that limits the heights of building. Addressed the Dark Sky initiative in
Madaket; the night sky is comparable to that in professional observatories. He is very concerned about the discharge of the
pool water; the pool will be part of the Madaket Watersheds A & B. Asked the board to consider the following conditions:
1) use of acoustically insulated pool equipment enclosure; 2) photometric pattern of all exterior lighting to ensure no light
trespass outside the fence -enclosed pool area; 3) no underwater lighting; 4) all light fixtures to be downward shielded; 5) all
outdoor light to be turned off before 10 pm.; 6) all light to be in strict compliance with Town Code; 7) the view scape
should be screened to include the view from neighbors; 8) the pool is not to be filled using well water, and 9) dumping of
pool water onto the ground to be prohibited.
Mondani — Asked if the board had determined in -pool lighting is required by law.
Botticelli — That is also not within ZBA purview.
O'Rourke — He would propose minimal lighting; recommend all water discharge would be hauled away.
Toole — We need a lighting plan and an analysis of the photometric pattern of lights in the fenced -pool area; in -pool
lighting should be the minimum required.
Botticelli — Asked for submission of in -pool lighting requirements. Asked about screening.
I O'Rourke — Reviewed the vegetative screen planting plan.
Toole — Noted that there is no plant -life at the pool level, which is elevated.
Mandell — Asked what type of lighting is to be intended.
O'Mara — He assumes the lighting will be in compliance with the Town Code. Mr. Mandell's points he supports: yes 1
except for the 25 decibels or less; yes 2; no 3; reluctant yes 4; no 5; yes 6; no 7; yes 8 except in regards to a professional
pool service company; okay 9 except "professional Island pool service company."
Mondani — We need to focus on coming up with guidelines. Suggested creation of a workgroup to come up with a list and
guidelines.
Toole — Referenced a letter of concerns receivf-d after the deadline from Elizabeth Sherwood about pools in Madaket.
We'll table the notion of carting the water away to see what the Board of Health comes up with. This won't be voted on
today, we need a lighting plan, lighting regulations, noise regulations, and Environmental Protection Agency (EPA)
regulations. All Mr. Mandell's points are reasonable and we could vote them as a template.
Brescher — Suggested looking at ConCom regulations in regards to pool and pool water discharge.
Alger — Noted that the ConCom looks at local and state regulations in regards to pool water, submitted at the table those
regulations. Read recent ConCom orders of conditions in regards to pools in sensitive areas. The Town has a noise and
lighting bylaw that everyone should comply with; making them a condition is redundant. The ZBA could have more
stringent conditions than the regulations of other entities.
Palmer — Referenced comments he made at the prior hearing. Listed the visual abutters; the view is currently pristine and
this pool would disrupt that view. Agrees with limiting the decibel limit of the equipment. Forwarded an email from a
retired attorney who feels Town Counsel should rule on whether or not the ZBA must grant a Special Permit if the
application meets the criteria in the bylaw because of the "shall" and "may" language.
Toole — Asked why the Madaket group didn't push for no pools.
O'Mara — The Planning Board would not support outlawing pools but made the accommodations with conditions: need a
conforming lot and extend the setback.
Botticelli — The Planning Board would have had to create a new zoning district specific to Madaket and they didn't want
to do that.
Mandell — Many Madaket residents were comfortable with the special permit, which allowed them to speak to concerns.
Our intent today is to see if the ZBA is willing to impose conditions on pools.
Lindsay — Submitted a photo of 318 Madaket Road at the table in which you can clearly see the applicant's property. He
has no issue with the application.
Toole — We will continue this. He would like more plantings along the north. We would like to see a lighting plan, the
lighting regulations, noise regulations, and EPA regulations.
Motion to Continue to December 14. (made by: Botticelli) (seconded by: O'Mara)
Carried 5-0
Robin E. Halik and Clifford W. Halik 221 Madaket Road Alger
Botticelli (acting chair), McCarthy, O'Mara, Mondani
None
Toole, Thayer
File with associated plans, photos and required documentation
Page 4 of 8
Minutes for November 9, 2017, adopted Feb. 8, 2018
Representing
Sarah Alger, Sarah F. Alger P.C. — Asked not to go forward on this since the previous discussion about a template
applies to this as well.
Public
Bruce Mandell, 10 Midland Avenue — See his comments in regard to 29-17.
Bruce McCue, 219 Madaket Road — Asked for clarification about the deadline for material.
Maryanne Haigely, 229 Madaket Road — Asked how to express her objections if she can't be at the next meeting.
Discussion
Botticelli — Asked for the same information as for 29-17.
Motion
Motion to Continue to December 14. (made by: McCarthy) (seconded by: Koseatac)
Vote
Carried 5-0
10. 36-17
Juliet Farlow Hunter 97 Sankaty Road Hunter
Voting
McCarthy (acting chair), O'Mara, Koseatac, Thayer, Mondani
Alternates
None
Recused
Toole, Botticelli
Documentation
File with associated plans, photos and required documentation
Representing
William Hunter, Vaughan, Dale, Hunter and Beaudette P.C. — Recapped the discussion from prior hearing. The current
variance allows for no more than 2500 square feet (SF); asking to calculate ground cover for 102,000 SF to allow for a
second hearing. Noted no building sited within the 50 -foot wetland buffer is a ConCom regulation and eliminating that is
a housekeeping element.
Public
Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP, for abutters — Since the last meeting the Hunters have
reached out to him and his clients and explained the request more fully. On the basis of that, he and his clients withdraw
their objections and support the request.
Discussion (3:23)
None
Motion
Motion to Approve the application as requested to include removing the 50 -foot buffer. (made by: Koseatac)
(seconded by: Mondani)
Vote
Carried 5-0
I 11. NEW BUSINESS
1. 37-17 John A. Van Hoven and Leigh Van Hoven 46 Hooper Farm Road Van Hoven
Applicants are requesting Special Permit relief pursuant to Zoning By-law Section 139-16.0 to reduce the 10 foot side and rear yard
setback to 5 feet or, in the alternative, and to the extent necessary, to validate setback distance of approximately 7 feet where 10 feet is
required. The relief pertains to the siting of the rear stoop within the southerly rear yard setback of the second dwelling. The Locus is
situated at 1 Brinda Lane (s/k/a 46 Hooper Farm Road), is shown on Assessor's Map 67 as Parcel 315.1, and as Lot 120 upon Land
Court Plan 34507-8. Evidence of owner's title is registered as Certificate of Title No. 23085 in the Nantucket County District of the Land
Court. The site is zoned Residential 10 (R-10).
Voting Toole, Botticelli, O'Mara, Koseatac, Mondani
Alternates Thayer
Recused None
Documentation File with associated plans, photos and required documentation
Representing None
Public None
Discussion (3:30) None
Motion Motion to Continue to December 14. (made by: O'Mara) (seconded by: Koseatac)
Vote Carried 5-0
2. 38-17 Linda A. Mason, Tr., Linda A. Mason Amended & Restated Revocable Trust Agreement (Owner) and David B. Cheever
(Applicant) 23 Monomoy Road Gullicksen
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 1,810 sq. ft.
pre-existing nonconforming dwelling, sited within the front and side yard setbacks, and replacing it with an approximately 1,800 sq. ft.
dwelling and to construct an approximately 336 sq. ft. garage. Both structures will be compliant with all setbacks. The Locus, an
undersized lot of record, 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. 26301 at the Nantucket County District of the Land
Court. The site is zoned Limited Use General 1 (LUG -1).
Voting Toole, McCarthy, Koseatac, Thayer, Mondani
Alternates None
Recused Botticelli, O'Mara
Documentation File with associated plans, photos and required documentation
Representing Kenneth Gullicksen, Reade, Gullicksen, Hanley, & Gifford LLP — Reviewed the proposal and the request. This is not
detrimental to the neighborhood; 50 percent of the houses in the neighborhood have greater ground cover.
David Cheever, Applicant — He wants a garage; this is only 1800 SF and a storage shed is 200 SF; he's looking for 130
extra feet of groundcover on a lot surrounded on two sides with open land. It fits with the neighborhood and feels this is
a reasonable request.
Public None
Page 5 of 8
Discussion
Motion
Vote
Motion
Vote
3. 39-17
Applicant is
have a i
Tom N
is regist
3 (LUG
Voting
Alternates
Recused
Representing
Public
Discussion
Motion
Vote
Minutes for November 9, 2017, adopted Feb. 8, 2018
Toole — He doesn't see a compelling reason to grant the relief. He feels granting this would be detrimental. This isn't the
same application as the previous application for this lot but it is very similar.
Thayer — We discussed the groundcover and that they wouldn't get the shed. He doesn't feel as strongly about this as Mr.
Toole.
Mondani — He agrees with Mr. Toole.
Koseatac — He concurs.
McCarthy — Agrees with Mr. Toole. It's not as big a project as the 2016; but they don't need the garage.
Toole — You could cut 130 feet off the house and then wouldn't need relief.
McCarthy — We could put a condition of no storage shed. We've been consistent about not allowing additional
groundcover in a situation like this.
Koseatac — He understands the desire for a garage; however, the Board needs to be consistent or set a bad precedent.
Cheever — In his opinion, this is reasonable and doesn't adversely affect the neighborhood.
McCarthy — Agrees with Mr. Koseatac that this could set a bad precedent.
Toole — This property is already over groundcover by 300 SF and now he's asking for more.
Gullicksen — Asked if he could withdraw portion of the request for additional overage in groundcover that would result if
he built the 336 SF garage and go forward with demolishing the existing house and replacing with a house of the same
1,810 SF groundcover.
Toole — Clarified they are now only asking for relief in regards to 139-33.A4.
Motion to Approve the withdrawal of 139-33.A for excess groundcover for a garage. (made by: Koseatac)
(seconded by: McCarthy)
Carried 5-0
Motion to Approve the relief to 139-33.A4 for demolishing the house without losing the grandfathering of
groundcover. (made by: Koseatac) (seconded by: Mondani)
Carried 5-0
Anthony Fanning and Susan Fanning 81 Tom Nevers Road JD Besse
:eking relief by Variance pursuant to Zoning By-law Section 139-32 for a waiver of the ground cover regulations in Section
. Specifically, applicant seeks to validate the dwelling structure upon the premises shown on most recent As -Built survey to
ound cover 1,510 sq. ft. where 1,500 sq. ft. is maximum allowed. The Locus, an undersized lot of record, is situated at 81
Load, is shown on Assessor's Map 91 as Parcel 12, and as Lot 666 upon Land Court Plan 5004-30. Evidence of owner's title
i Certificate of Title No. 25230 at the Nantucket County District of the Land Court The site is zoned Limited Use General
Botticelli (acting chair), McCarthy, O'Mara, Koseatac, Thayer
Mondani
Toole
File with associated plans, photos and required documentation
Lori Geddes, for JD Besse — Reviewed the reasons for the request; the fix would be astronomical in costs.
John Brescher, Glidden & Glidden P.C. — He prepared the application for the Fannings and advised that Mr. Besse
speak to the project.
Paul Santos, Nantucket Surveyors —They staked and planted the footing; it appears they went on the wrong side of the
wall with the basement access. Brook Meerbergen was the designer and designed the structure at 1500 SF. Explained the
surveying process.
None
McCarthy — She would like to hear from the contractor about what happened.
O'Mara — There is a provision to shoot the foundation once the pins are in; if a problem is found at that time, it requires
a special permit, not a variance.
Botticelli — Wonders if now the basement stairwell is narrower than it should be.
O'Mara — When this has happened before, the board asked someone closer to the job.
McCarthy — She would like to see more information.
Motion to Continue to December 14. (made by: McCarthy) (seconded by: Thayer)
Carried 5-0
Page 6 of 8
Minutes for November 9, 2017, adopted Feb. 8, 2018
4. 40-17 Steven L. Cohen, Trustee of Mak Shack Trust and Mak Daddy Trust 68 & 72 Monomoy Road Cohen
CONTINUED TO DECEMBER 14, 2017
Voting Botticelli, McCarthy, O'Mara, Koseatac, Mondani
Alternates Thayer
Discussion None
Motion Motion to Continue to December 14. (made by: O'Mara) (seconded by: Mondani)
Vote Carried 5-0
5. 41-17 Susan J. McMaster (Owner) and Shannon & Pamela Bass (Applicants) 34 Western Avenue Cohen
CONTINUED TO DECEMBER 14, 2017
Voting Botticelli, McCarthy, O'Mara, Koseatac, Mondani
Alternates Thayer
Discussion None
Motion Motion to Continue to December 14. (made by: Koseatac) (seconded by: O'Mara)
Vote Carried 5-0
6. 42-17 SURF ACK, LLC 1 and 2 Hatikva Way Cohen
Applicant seeks relief by Special Permit pursuant to Zoning By-law Section 139-16.C.2 to validate unintentional setback intrusions. 1 and
2 Hatikva Way both contain a duplex and a tertiary dwelling, and both taking their front yard setback from Surfside Road. The newly
constructed tertiary dwellings were sited based on measurements taken from a licensed survey, but due to inaccurate measurements, each
was built within the front yard setback. In a district where minimum front yard setback is 20 feet, the dwelling on 1 Hatikva is as close as
19.7 feet and the dwelling on 2 Hatikva is as close as 19 feet. To the extent necessary, Applicant seeks Variance relief pursuant to Section
139-32.A for a waiver from the front yard setback provisions of Section 139-16.A. 1 Hatikva Way is shown on Assessor's Map 67 as
Parcel 343 and as Lot 33 upon LCP 37210-K. 2 Hatikva Way is shown on Assessor's Map 67 as Parcel 193 and as Lot 35 upon LCP
37210-K Evidence of owner's title is registered on Certificate of Title No.s 26024 and 25603 at the Nantucket County District of the
Land Court. The site is zoned Residential 10 (R-10).
Voting Toole, Botticelli, O'Mara, Koseatac
Alternates Thayer, Mondani
Recused McCarthy
Documentation File with associated plans, photos and required documentation
Representing Steven Cohen, Cohen & Cohen Law P.C. — Two lots have the same problem; explained the situation. Reviewed the
subdivision layout; each lot has a duplex and tertiary dwelling. The Planning Board requires a 5 -foot hedge screen from
the road.
Justin Maury, Contractor — He couldn't get in touch with the surveyor so went ahead and poured the footing; he went
off the wrong plan. No one picked up on it until the as -built for the Certificate of Occupancy.
Public None
Discussion (4:07) Toole — The as -built doesn't show it but he assumes they meet the separation requirements.
Cohen — Confirmed the lots comply with all other zoning dimension requirements. They could submit an as -built
showing dimensional conformity.
Mondani — Thinks it is possible to move the structures back.
Thayer — He'd like to see the stamped plan showing separation.
Botticelli — She'd like to see an updated plan.
Toole — This should be continued to clarify the separation for a tertiary dwelling and a stamped as -built plan showing
dimensional conformity in all other areas. This information should be here now; we shouldn't have to ask for it.
Motion Motion to Continue to December 14. (made by: Botticelli) (seconded by: Koseatac)
Vote Carried 5-0
7. 43-17 Michael R. Watts and Amy C. Watts 6 Goose Cove Lane JD Besse
Applicants request relief by Variance pursuant to Section 139-32.A for a waiver from the setback provisions of Section 139-16.A. The
premises is improved with a main dwelling and a garage. Specifically, applicant seeks to validate an inadvertent setback intrusion related to
the siting of an outdoor shower on the garage which encroaches less than 1 foot into the required 10 foot setback. The structures are
otherwise conforming to the provisions of the Zoning By-law. The Locus is situated at 6 Goose Cove Lane, is shown on Assessor's Map
59.4 as Parcel 366, and as Lot 890 upon Land Court Plan No. 3092-118. Evidence of owner's title is registered at Certificate of Tide
25861 on file at the Nantucket County District of the Land Court. The site is zoned Village Residential (VR) and is sited within the Village
Height Overlay District (VHOD).
Voting Toole, Botticelli, O'Mara, Koseatac
Alternates Thayer, Mondani
Recused None
Documentation File with associated plans, photos and required documentation
Representing Lori Geddes, for JD Besse — Explained the reason for the request. Bracken Engineering was the surveyor.
Public None
Page 7 of 8
Minutes for November 9, 2017, adopted Feb. 8, 2018
Discussion (4: 7) Toole — It's a shower and it could be easily rebuilt with minimal effort
Botticelli — It's de minimis and could be done by special permit.
Antonietti — They created a new nonconformity and this is Village Residential. Therefore it is by Variance and not
Special Permit.
Toole — We can vote; you can withdraw; or you can continue to talk to your client There's a sense of not supporting it
Geddes — Asked to continue it.
Motion Motion to Continue to December 14. (made by: Botticelli) (seconded by: Koseatac)
Vote Carried 5-0
Self Rep of unintentional Open Meeting Law Violation: Antonietti — This precludes a violation; it's a matter of record to
clean it u _II
Motion to p D ino executive session made at 4:26 p.m. to discuss strategy relating to pending litigation, known as King, et al. v.
ZBA and R ed ScottLLC, Land Court 17 MISC. 000573, which concerns the comprehensive permit previously issued and as
recently mo ified for the development known as Beach Plum Village, under G.L c.30A, §21(a)(3), with a potential declaration by
the ZBA C1 airman that a discussion of the matter in open session could have a detrimental effect on the position of the ZBA in
the litigatio . And not return to open session. (made by: O'Mara) (seconded by: Koseatac) Carried: Mondani-aye; Koseatac-aye; O'Mara -
aye; Toole -a ; Botticelli-aye; Thayer -aye
Motion to A jo : 4:48 p.m.
Sources used d + g the meeting not found in the files or on the Town website:
1. 1 Notie
Submitted
Terry L. N
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