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HomeMy WebLinkAbout2017-12-14Minutes for December 14, 2017, adopted Feb. 8, 2018 UC"F'� ZONING BOARD OF APPEALS 2 Fa' ounds Road �A.y y 1 Nantucket, Massachusetts 02554 `p RAI �O\� www.nantucket-ma.gov Commissioners: Ed Toole (Chair), Lisa Botticelli (Vice chair), Susan McCarthy (Clerk), Michael J. O'Mara, Kerim Koseatac % rs Alternates: Mark Poor Geoff Thayer Jim Mondani (P MINUTES -- Thursday, December 14, 2017 Public Safety Facility, 4 Fairgrounds Road, Community Room —1:00 p.m. Called to order at 1:08 p.m. and Announcements made. L, Staff in attendance: Eleanor Antonietti, Zoning Administrator; T. Norton, Town Minutes Taker Attending Members: Toole, Botticelli, O'Mara, Koseatac, Poor, Thayer, Mondani Absent: McCarthy Late Arrivals: O'Mara, 1:21 p.m. Early Departures: O'Mara, 5:22 p.m. A ends ado ted as amended b unanimous consent APPROVAL1. OF I . November 9, 2017: Held 11. OLD BUSINESS 1. 093-05 Ann B. Muhlauser and Craig A. Muhlauser 49 Fair Street Santos Applicant is requesting Rescission of prior Special Permit Decision granted in 2005 to Ann B. Muhlauser to allow an expansion of a pre- existing nonconforming dwelling subject to a condition that the overall ground cover ratio not exceeds 42%. The relief is now obsolete due to an amendment to Section 139-33.E of the Zoning By-law (Article 65; 2014 Annual Town Meeting) which permits a maximum 50% ground cover ratio upon the premises as a matter of right. Voting Toole, Botticelli, Koseatac, Thayer, Mondani Alternates Poor Recused None Documentation File with associated plans, photos and required documentation Representing Paul Santos, Nantucket Surveyors — Reviewed the request. Public None Discussion (1:11) Antonietti — There are conditions on the original permit, that's why it has to be rescinded. Motion Motion to Rescind the Special Permit. (made by: Botticelli) (seconded by: Koseatac) Vote Carried unanimously 2. 051-03 Rugged Scott, LLC Rugged Scott a/k/a Beach Plum 40B Hanley/Reade REQUEST TO CONTINUE to January 11, 2018 Voting Toole, Botticelli, Thayer, Mondani, Poor Alternates None Recused None Documentation File with associated plans, photos and required documentation Representing Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP — Asking to continue to January. He's in communication with the attorney for the three owners, with garage issues, to work those issues out. Eager to resolve this and made serious proposals. He agrees with their attorney that continued negotiations will be productive. Noted there is not a single solution to all three properties; they are being treated individually though they are represented by the same attorney. Public Steven Cohen, Cohen & Cohen Law P.C. — He represents two of the market rate owners; they have been informed of and are involved in the negotiations. Discussion (1:16) Toole — His concern is that this has been going on almost a year; he hopes the end is near. His other concern is that the leverage for compliance is waning; 39 of the 40 building permits have been issued. He'd like to see a deadline applied to this and that it be wrapped up in January. Three Certificates of Occupancy (CO) were tied directly to the release of the lots; he did not want to release those lots but it was agreed a CO would not be issued for them. Reade — He had a discussion with Town Counsel about withholding the COs. Nothing will happen between now and January as far as the properties. Botticelli — Suggested allowing this continuance but no more after January. Motion Motion to Continue to January 11, 2018, 1 p.m. (made by: Botticelli) (seconded by: Thayer) Vote Carried unanimously Motion Motion to Accept the extension to January 11, 2018, 1 p.m. (made by: Botticelli) (seconded by: Thayer) Vote Carried unanimously Page Iof9 3. 20-17 Voting Alternates Recused Representing Public Discussion (1 Motion Vote 4. 22-17 Voting Alternates Recused Representing Public Discussion Motion Vote 5. 26-17 Voting Alternates Recused Representing Public Discussion Motion Vote 6. 27-17 Voting Alternates Recused Representing Public Discussion Motion Vote Minutes for December 14, 2017, adopted Feb. 8, 2018 Arthur I. Reade, Jr., Trustee, Rein Three Walsh Nominee Trust 3 Walsh Street Reade Toole, Botticelli, Koseatac, Thayer, Mondani None Poor File with associated plans, photos and required documentation Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP — Request withdrawal without prejudice. None 14) None Motion to Approve the withdrawal without prejudice. (made by: Botticelli) (seconded by: Koseatac) Carried unanimously Fernando C. Colon Osorio and Laurie Margolies, Trustees, Eel Point Road Nominee Trust 189 Eel Point Road Reade Toole, Botticelli, O'Mara, Koseatac, Thayer Poor, Mondani None File with associated plans, photos and required documentation Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP — At the last hearing, it was continued to discuss alternatives. This is for a garage structure for a vehicle and mechanicals that will allow for winterization of the house. They are now asking permission to erect a shed -like structure 5 -feet off the property line to contain the winterization equipment; outdoor parking will remain as it is. This shed location is also away from the neighbor who had concerns. Paul Santos, Nantucket Surveyors None Botticel i — Prior to the last meeting, the building was shifted to 10 feet off the property line; asked why this shed isn't 10 feet off the property line. Reade — That was for the garage; current parking is intended to remain the same and moving the shed would substantially reduce that parking area. Toole — Asked why the shed can't go elsewhere on the lot like on the west side. Santos — There are Conservation Commission (ConCom) restrictions and we're trying to keep the shed in previously disturbed area and away from the southeasterly area. The mechanicals do have to be elevated above the flood plain requiring elevation 9. He can provide topographical information. Toole — If it could fit in another area where it doesn't' need relief, he'd prefer to see it put in that location. Botticelli — If it's outside the restricted areas, the applicant no longer has restrictions on the design. If it gets zoning relief, the Board can levy conditions. Reade — They will request a withdrawal without prejudice. Motion to Approve the withdrawal without prejudice. (made by: Koseatac) (seconded by: Botticelli) Carried 5-0 Scott B. Paton and Kristin S. Paton 33 Orange Street Brescher Toole, Botticelli, O'Mara, Koseatac, Thayer, Mondani Poor None File with associated plans, photos and required documentation Brescher — Asking to Continue to January 11, 2018 None Discussion about which Board members will be able to attend the January meeting. Motion to Continue to January 11, 2018 at 1 p.m. (made by: Botticelli) (seconded by: Koseatac) Carried 5-0 Douglas Lebrecht and Gina Lebrecht 4 Daffodil Lane Brescher ) CONTINUE to January 11, 2018 Toole, O'Mara, Koseatac Thayer, Mondani Poor None File with associated plans, photos and required documentation John Brescher, Glidden & Glidden — Asking to continue; this is to go to the Planning Board. None None Motion to Continue to January 11, 2018 at 1 p.m. (made by: Koseatac) (seconded by: Mondam) Carried 5-0 Page 2 of 9 Minutes for December 14, 2017, adopted Feb. 8, 2018 7. 29-17 19-21 Starbuck Road, LLC 19 & 21 Starbuck Road Brescher Voting Toole, Botticelli, O'Mara, Thayer, Mondani Alternates None Recused None Documentation File with associated plans, photos and required documentation Representing John Brescher, Glidden & Glidden — Reviewed the request. He submitted copies of the bylaws related to pools and orders of conditions issued by ConCom. Elizabeth O'Rourke, Jardin's International — Reviewed the revised landscaping plan, which addresses concerns expressed by the Board and neighbors. Equipment will go into the Cabana basement. Public Sarah Alger, Sarah F. Alger P.C. — ConCom conditions state a pool will not be drained or discharged into an area within their jurisdiction and the pool not to be chemically treated between Nov 1 & May 1 and chemical treatment to cease three weeks prior to discharge. Maureen Phillips, 30 Long Pond Dr, Madaket Residents Association (MRA) — Neither this applicant nor the next have received approval from the MRA; the MRA bylaws state that their purpose is to enhance quality of life and the quiet enjoyment. MRA does not support this. Discussion (1:47) Toole —The other mitigating factor is that this is two lots melded together; to him this seems a reasonable request O'Mara — The intent of the zoning change was to give MRA something when there really was nothing to give. He's ready to vote. Mondani — Asked if the Board is going to try to come up with a list of conditions. Toole — Read conditions Mr. Mandell asked that the ZBA impose. Discussion about clarifying the language of some of the conditions. O'Mara — Asked what they mean by "discharge the pool". Brescher —That is a ConCom condition; the pool would be emptied by a professional service into a vessel. Review of conditions to be attached to the special permit. Motion Motion to Approve the application as requested with conditions as read and conditions are reflective of approved plans. (made by: Botticelli) (seconded by: Thayer) Vote Carried 5-0 8. 34-17 Robin E. Halik and Clifford W. Halik 221 Madaket Road Alger Voting Botticelli (acting chair), O'Mara, Koseatac Poor, Mondani Alternates None Recused Toole, Thayer Documentation File with associated plans, photos and required documentation Representing Sarah Alger, Sarah F. Alger, P.C. — Her client has contracted with a septic service to pump out the pool and transport the water to Surfside Wastewater Treatment Facility. Additional material submitted at the table: planting plan, letter, full- sized site plan, zoning plan, map of where people who have commented live, photos of existing vegetation, ConCom Order of Conditions, and Historic District Commission (HDC) Certificate of Appropriateness (COA). Read the bylaw which applies here. The pool equipment will be in the crawlspace of the main house. This agrees with the eight conditions laid out for the prior application, 29-17. Public Maryann Haigley, 229 Madaket Road — She is in back of this property. Her main concern is "Malibu meets Madaket" and that's what's being advertised. When the family is in the backyard, she can hear them. She is concerned about the business being run out of this property. This is a small lot and the immediate abutters will be very affected by this. If they are going to store work-related items in their back yard, we would like to have a fence to screen the view. Bruce McCue, 219 Madaket Road — There's only a 10 -foot side set back; for the area; within that 20 -foot zone is their central air, outside shower, gas grill, smoker, etc. The entrance to where the pool equipment will be is also within that area. Our well is less than 30 feet from the pool. The LLC business is registered at this address; enumerated various websites stating this address as the location of the business. There are numerous vehicles at that site. On the application for the pool, they checked that there is no commercial use; that is not accurate. The original plan showed part of the house as part of the barrier; Massachusetts Building Code states, in that case, doors leading to the pool area must be alarmed; that would add to the noise. The gate, itself is within the 20 -foot side setback zone and is mechanical. There is no mention in State or Town code that requires pools be lit. Asked this be denied. Maureen Phillips, 30 Long Pond Drive — See 29-17 discussion. Supports what the neighbors have said in regards to commercial activities on this property. To her, the applicant's behavior indicates a lack of community attitude. In areas where pools are shoe -horned into the setback, that nullifies the reason for the setback. Noted that a Pennsylvania court ruled one wall of the pool should be outside the setback, but part of a pool is the attached coping, which should be included in the setback. Asked this be denied and that the 20 -foot setback be applied to the patio which is integral to a pool. The size of the patio has a bearing on the use of the pool. Discussion (2:19) Botticelli — The fence line needs to be located outside the 50 -foot buffer; the site plan in the packet shows it at the 50 - foot buffer, not outside as shown on the site plan submitted today. O'Mara — Asked what is everyone's understanding of the 20 -foot setback. Poor — It should be measured from outside the structural wall of the pool, not the edge of the water. Page 3 of 9 Motion Vote 9. 39-17 Voting Alternates Recused Public Discussion (3 Motion Vote 10. 42-17 Voting Alternates Recused Documentati Representing Public Discussion (3 Motion Vote Minutes for December 14, 2017, adopted Feb. 8, 2018 O'Mara — Would like to hear from Ms Alger about any possible zoning violation in regards to what is going on commercially and what is allowed. Alger — They have vehicles parked there but the business is run out of a property on Amelia Drive. They will accept a condition that the business isn't run out of this location and no employees are housed there. She objects to the description this pool is "shoe -horned in." It meets with the requirements of the bylaws. Just 150 feet away a pool is allowed by right. Botticelli — This is definitely a much smaller site. If MRA wants no pools in Madaket then they need to seek a bylaw change that does that. Asked how large the patio is beyond the pool. Alger — The patio is a matter of right. Surveyors measure the edge of the pool from the edge of the water. O'Mara — When he asked that question before, he was told it was the beginning of the gunite, not the edge of the water. Poor — It should be to the outside foundation of the structure. Botticelli — We need clarification on where the structure starts because this lot is so tight. O'Mara — Wants more information about what goes on at the property in regards to the commercial business. Botticelli — The plans shows nothing in the setback and juniper screen. Motion to Continue to January 11, 2018 at 1 p.m. (made by: Poor) (seconded by: Koseatac) Carried 5-0 Anthony Fanning and Susan Fanning 81 Tom Nevers Road Bessey Botticelli (acting chair), O'Mara, Koseatac, Thayer, Mondani Poor Toole File with associated plans, photos and required documentation James Bessey — Provided HDC approved plans and as -built showing the overage. Explained how the misplacement of the foundation occurred. None Botticelli — One comment was that it must have been evident an error was being made. This is a groundcover issue; they are 10 square feet over. They went right to the limit on both buildings leaving no wiggle room for error. Discussion about whether or not topography and financial hardship qualify for variance. Motion to Grant the relief as requested because it meets the standard for a variance. (made by: Koseatac) (seconded by: Mondani) Carried 4-1//Botticelli opposed SURF ACK, LLC 1 and 2 Hatikva Way Cohen Toole, Botticelli, O'Mara, Koseatac, Mondani Poor, Thayer None File with associated plans, photos and required documentation Steven Cohen, Cohen & Cohen Law P.C. — Reviewed the project and the reason for the request for special permit relief. Submitted information indicating the 10 -foot separation doesn't apply here and as -built showing no other non - conformities. Asked relief be granted. These are subject to a Planning Board permit with conditions to include screening around the perimeter. The contractor was hand measuring the work done relying on that information. None Toole — In his opinion, the contractor measuring the lot is not surveyor error. Cohen - The bylaw doesn't require it be a surveyor who makes a surveying error only that the measurements be reasonably based upon a surveyed map. The alternatives are variance relief or moving the structures. Botticelli — Read the appropriate bylaw as noted in the staff report. Mondani — At the last meeting, it was stated the contractor couldn't reach the surveyor so went ahead and poured the foundation. Cohen — If the Board wants to find the mistake was not reasonable, that's its prerogative. The mistake was that the position of the building was based upon an outdated plan and measured off another building. They are all under groundcover. Feels requiring each building be moved one foot would be an excessive burden. Toole — Asked if this board has the ability to impose a fine. Antonietti — Doesn't know the answer to that. Discussion on how to proceed and whether or not a fine should be imposed. O'Mara & Koseatac — Would prefer restricting no further construction on the site rather than imposing a fine. Botticelli — The Planning Board master plan shows the parking space much further from the property line, and now there are six parking spaces instead of five. Cohen — It was a condition of the Planning Board that before COs are issued the special relief must be obtained. Discussion about how many parking spaces are required for this subdivision: 1 per bedroom and 1 per tertiary. Motion to Approve as submitted with no further expansion of groundcover and further expansion of groundcover or construction and screening as required by Planning Board. (made by: Botticelli) (seconded by: Koseatac) Carried 4-1//Toole opposed Page 4 of 9 Minutes for December 14, 2017, adopted Feb. 8, 2018 11. 43-17 Michael R. Watts and Amy C. Watts 6 Goose Cove Lane Bessey REQUEST TO WITHDRAW WITHOUT PREJUDICE Voting Toole, Botticelli, O'Mara, Koseatac, Thayer Alternates Poor, Mondani Recused None Documentation File with associated plans, photos and required documentation Representing James Bessey Public None Discussion (3:59) None Motion Motion to Approve the request to withdraw without prejudice. (made by: Koseatac) (seconded by. O'Mara) Vote Carried 5-0 Ill. NEW BUSINESS 1. 37-17John 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 Tide 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, Thayer Alternates Poor, Mondani Recused None Documentation File with associated plans, photos and required documentation Representing Teddy King — Reviewed the request. Public None Discussion (4:01) Toole — It's a triangular portion of a stoop. Botticelli — It's allowable by special permit. Koseatac — Noted the road is misidentified on the plans. Motion Motion to Grant the relief as requested. (made by: Botticelli) (seconded by: O'Mara) Vote Carried 5-0 2. 40-17 Steven L. Cohen, Trustee of Mak Shack Trust and Mak Daddy Trust 68 & 72 Monomoy Road Cohen Applicant is seeking relief by Variance pursuant to Zoning By-law Section 139-32 in order to convey approximately 6,017 sq. ft. from 68 Monomoy Road to abutting lot at 72 Monomoy Road. The reconfiguration would increase the nonconforming lot size of 68 Monomoy, without creating any new nonconformities or increasing the nature of this or any other nonconformities, and would render 72 Monomoy dimensionally conforming. 68 Monomoy Rd., an undersized lot of record, is shown on Assessor's Map 43 as Parcel 149, as Lot 9 upon Land Court Plan ("LCP") 13219-C and Lot 11 upon LCP 13219-D. 72 Monomoy Rd., an undersized lot of record, is shown on Assessor's Map 43 as Parcel 115, as Lot 8 upon LCP 13219-B and Lot 12 upon LCP 13219-D and as unregistered land upon Plan No. 2004-31. Evidence of owner's title is registered on Certificate of Title No.s 25987 and 25986 at the Nantucket County District of the Land Court and recorded in Book 1527, Page 220 on file at the Nantucket County Registry of Deeds. The site is zoned Limited Use General 1 (LUG -1). Voting Toole, Botticelli, O'Mara, Koseatac, Thayer Alternates Poor, Mondani Recused None Documentation File with associated plans, photos and required documentation Representing Steven Cohen, Cohen & Cohen Law P.C. — Explained the situation causing this request for relief and accommodations being made to address concerns of the abutters. Lots are heavily restricted by ConCom resource areas. Asked if there is any Board support for this proposal. Public Sarah Alger, Sarah F. Alger. P.C., 74 Monomoy Road — The major problem is that they are trying to get additional ground cover on the front while keeping the same groundcover on the rear lot that is being shaved down. They built the house then found out it was over groundcover. It they had come to ZBA properly, reasonable conditions could have been put on it. This is her clients' only opportunity to have a say in the impact of this house on the neighborhood. They don't meet the standards for a variance. They still have the opportunity for 200 SF shed on both lots. The "paper road" is used as access for a number of properties. Doesn't think shifting land from one lot to another is something this Board should get in the habit of doing. Discussion (4:09) Toole — It seems to him they are trying to get a second bite at the apple by taking 6,000 feet from one lot to give to another. He's okay with transferring the land from one lot to the next, but he has problems with giving them more groundcover. Page 5 of 9 Motion Vote 3. 41-17 4. 44-17 unit. Spi westerly shown c file at th Voting Alternates Recused Representing Public Discussion (4 Motion Vote 5. 45-17 The al since 1 dwelling, owner in 57, 58, 5 Nantucki District Voting Alternates Recused Representing Public Discussion (4 Motion Vote Motion Vote Minutes for December 14, 2017, adopted Feb. 8, 2018 Botticelli — If they had come to the board asking for the increase, it would have probably been granted. The relief might have been granted with conditions through the regular process; now it's too late to accommodate the neighbor. Asked if there is a plan that clearly shows the resource area setbacks. Consensus is disinclined to grant the variance. Motion to Continue to January 11, 2018 at 1 p.m. (made by: O'Mara) (seconded by: Koseatac) Carried 5-0 Susan J. McMaster (Owner) and Shannon & Pamela Bass (Applicants) 34 Western Avenue Cohen D CONTINUE to January 11, 2018 Edward Fine and Richard C. Lanzillo 1 Hull Lane Thornewill cs relief by Special Permit pursuant to Zoning By-law Section 139-33.A to alter the pre-existing nonconforming dwelling Ry, applicants propose to build an addition which will be sited within the ten (10) foot setback but will be no closer to the ie than the existing structure. The Locus, Unit 2 of the Three Trotter's Lane Condominium, is situated at 1 Hull Lane, is essor's Map 67 as Parcel 132.2, and on Plan No. 2008-03. Evidence of owner's title is recorded in Book 1466, Page 348 on tucket Registry of Deeds. The site is zoned Residential Ten (R-10). Toole, Botticelli, O'Mara, Koseatac, Poor Thayer, Mondani None File with associated plans, photos and required documentation Carrie Thornewill, Thornewill Design — Explained the request. None Antonietti — This is a zone where they could go to five feet, but they aren't asking to do that. Botticelli — She would want the HDC approval attached to this approval and to condition it with no further expansion without further relief. Seems a reasonable request in regards to expansion of the house. Poor — The condo documents will have to be redone at some point. They can get a ZBA permit without that. Thayer — The condo documents will have to be changed and 100% signed off on that there is no intrusion into the common area. We don't need that. Toole — In the past, we've asked that those documents be signed prior to approval by this Board. Consensus has no concerns about the side -line setback issue. Motion to Approve with the condition Ms Antonietti sees the updated and signed condominium documents. (made by: Botticelli) (seconded by: Koseatac) Carried 5-0 Barbara Vigneau, Tr., Barbara Vigneau Trust - 2007 15 Rhode Island Avenue Fitzgerald seeks relief by Variance pursuant to Zoning By-law Section 139-32 to validate combined lots held in common ownership I to confirm that they are not merged with any surrounding lots, and as such, are separately buildable and marketable. In the applicant seeks a finding that pre-existing nonconforming Lots 59 and 60, purchased by current owner in 1976 with a increased in area and frontage pursuant to Section 139-33.A(3) by the addition of adjoining Lots 57 and 58, purchased by The Locus is situated at 15 Rhode Island Avenue, is shown on Assessor's Map 60.3.1 as Parcels 361 and 363, and as Lots 160 upon Land Court Plan No. 2408-Y. Evidence of owner's title is registered at Certificate of Title 22866 on file at the anty District of the Land Court. The site is zoned Village Residential (VR) and is sited within the Village Height Overlay Toole, O'Mara, Koseatac, Thayer, Mondani Poor None File with associated plans, photos and required documentation Julie Fitzgerald — Explained the request. Asked for the Board to make a finding in regards to 139-33.A(3). None O'Mara — He thought there was a zoning change that allowed this. Discussion about whether to allow this through a finding or permit it through a variance. Toole — Read 139-33.A(3). Motion to Make the Finding that no relief is required under 139-33.A(3). (made by: Koseatac) (seconded by: O'Mara) Carried 5-0 Motion to Approve the withdrawal of the variance request without prejudice. (made by: Koseatac) (seconded by: O'Mara) Carried 5-0 Page 6 of 9 Minutes for December 14, 2017, adopted Feb. 8, 2018 6. 46-17 Robert W. Calnen, Jr. and Patricia M. Calnen 334 Madaket Road Brescher Applicant is requesting relief by Variance pursuant to Zoning Bylaw Section 139-32 for a waiver from side yard setback provisions in Section 139-16 in order to relocate the existing dwelling and garage structures away from the eroding coastal bank and as close as one (1) foot from the northeasterly side yard lot line. The Locus is situated at 334 Madaket Road, is shown on Assessor's Map 60 as Parcel 141, and on Plan Book 21, Page 66. Evidence of owner's title is recorded in Book 1279, Page 249 on file at the Nantucket Registry of Deeds. The site is zoned Village Residential (VR) and is sited within the Village Height Overlay District (VHOD). Voting Toole, Botticelli, O'Mara, Koseatac, Thayer Alternates Poor, Mondani Recused None Documentation File with associated plans, photos and required documentation Representing John Brescher, Glidden & Glidden P.C. — Explained the request for relief. Due to erosion the house has to be moved as far back on the lot as possible. The side yard abuts Chicago Street, a dirt road used for access to public parking; thinks it might be an abutters way rather than a public road. Art Gasbarro, Nantucket Engineering & Survey — Explained the ConCom Order of Condition that details when the existing septic must be abandoned and they would go to a tight tank. Public None Discussion (5:09) Toole — He doesn't think they have the right to have the fence; it's essentially in the roadway or they need to prove they have the right to place it there. He's okay with the one -foot Motion Motion to Grant the relief allowing the 1 -foot setback. (made by: O'Mara) (seconded by: Koseatac) Vote Carried 5-0 7. 47-17 Graham N. Burton and Luanne M. Burton 37 Tomahawk Road Burton Applicant seeks Variance relief pursuant to Section 139-32.A for a waiver from the front yard setback provisions of Section 139-16.A. Specifically, applicant proposes to construct a building to be used for file storage to be sited within the twenty (20) foot front yard setback. The Locus is situated at 37 Tomahawk Road, is shown on Assessor's Map 69 as Parcel 326, and as Lot 187 upon Land Court Plan 26984- 8. Evidence of owners' title is registered on Certificate of Title No. 26126 at the Nantucket County District of the Land Court The Locus is in the Public Wellhead Recharge District and was formerly zoned Residential Commercial -2 (RC -2) but is now zoned Commercial Industrial (CI). Voting Botticelli, O'Mara, Koseatac, Poor, Mondani Alternates Thayer Recused Toole Documentation File with associated plans, photos and required documentation Representing Graham Burton, owner — He has HDC approval for a metal storage building; he has purchased it, and it was delivered. The zoning was changed, the zoning freeze period expired, and now he needs relief. Public None Discussion (5:15) Poor — This area is all industrial. Thayer — Where it's located it's surrounded by other large storage building; there's a tall bank in the back. Antonietti — We could condition it for screening. Motion Motion to Grant relief as requested. (made by: Koseatac) (seconded by: Mondani) Vote Carried 5-0 8. 48-17 Kristen Engle, Tr. Pocomo Point Realty Trust 90 Pocomo Road Reade Applicant is seeking Special Permit relief pursuant to Zoning By-law Section 139-33.A to allow an alteration which will increase the pre- existing nonconforming height of the structure upon the pre-existing nonconforming locus. Specifically, applicant proposes to relocate and reconstruct the pre-existing nonconforming dwelling away from an eroding coastal bank. The pre-existing nonconforming ground cover will not change and no new nonconformities will be created. Locus is situated at 90 Pocomo Road, is shown on Assessor's Map 15 as Parcel 43. The premises is also shown as Lots A-11 and A-12 upon LCP 16220-H and Lots A-6 and A-7 upon LCP 16220-F. Evidence of owner's tide is registered on Certificate of Title No. 24369 at the Nantucket County District of the Land Court The site is zoned Limited Use General 3 (LUG -3). Voting Toole, Botticelli, Koseatac, Poor, Thayer Alternates Mondani Recused None Documentation File with associated plans, photos and required documentation Representing Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP — This house is now within 30 feet of the top of the bluff, his client wants to move the house back. It has the pre-existing/non-conforming status, it's non -conforming as to height and groundcover. When we move the house back, the height above grade will become higher under the bylaw. Paul Santos, Nantucket Surveyors Chip Webster, Chip Webster Associates Public Steven Cohen, Cohen & Cohen Law P.C. for an abutter — His client would like to see the building lowered with the grade as it moves back. Page 7 of 9 Discussion Motion Vote 9. 49-17 Applica existing setback: demolib code reg Block 2 Certific: Deeds. Voting Alternates Recused Documentat Representing Public Discussion (! Motion Vote 10. 50-17 Applican (CMR 7 Zone on existing s Washings on file at Voting Alternates Recused Documentati Representing Public Discussion (5: Minutes for December 14, 2017, adopted Feb. 8, 2018 Poor — Asked if the finished floor level will remain the same. He's okay with the overall concept Santos — Yes, Mr. Webster's firm developed the grading plan. As we move forward, the land drops off but the first floor and ridge will not change; they are trying not to change the natural grade. Due to the drop in the grade, a walkout will be created. Botticelli — The northeast steps look excessively high; asked why it has to hold the same grade; it should drop as the topography drops. We should wait for HDC approval. Thayer — Lowering the house as it moves back requires less landscaping. Motion to Continue to January 11, 2018 at 1 p.m. (made by: Botticelli) (seconded by: Koseatac) Carried 5-0 Madaket Wheelhouse, LLC 13 Massachusetts Avenue Cohen viously received relief by Special Permit pursuant to Zoning By-law Section 139-33.A (File No. 15-16) to alter the pre- onforming dwelling and garage/cottage. Applicant proposes to amend the relief granted, within the previously approved conditions, to allow the alteration for the pre-existing nonconforming structures to be altered by renovation or by d replacement, and also to make minor alterations to the design and height to comply with flood elevations and building ents. The Locus is situated at 13 Massachusetts Avenue, is shown on Assessor's Map 60 as Parcel 75, and as Lots 12-15, n Land Court Plan 2408-Y and unregistered land lying north of said Lots. Evidence of owner's title is registered on Title No. 25696 at the Nantucket County District of the Land Court and in Book 1494, Page 39 on file at the Registry of ite is zoned Village Residential (VR). Toole, Botticelli, Koseatac, Thayer, Mondani None Poor File with associated plans, photos and required documentation Steven Cohen, Cohen & Cohen Law P.C. — Reviewed the previous proposal versus this request HDC has approved the demolition and new construction; the garage is to be relocated and altered. Reviewed the differences between the new house and the structure to be demolished. None Toole — If they had come here initially with the proposal to demolish the structure; we would have asked it be moved within the setbacks. Asks why that isn't being done. Cohen — He doesn't know that they couldn't adjust it. The garage/cottage is being moved but not the location of the main house. Antonietti — The previous ZBA approval is included in the packet. Only the cottage was going to be lifted. Botticelli — They are building into the setback getting no closer than the current side setback; now in addition to that the structure is getting taller within that setback. If they want to keep the setback, they should keep the original building. Thayer — The new building should be made to fit within the lot. A tight tank is pretty easy to move; it has a 10 -foot setback requirement; they would need a secondary variance to reduce its setback to 5 feet If you take away the proposed garage, there's room to set the house in compliance with the setback. Toole — The lot goes all the way to the water, the only concern is the west side setback We need more information. Motion to Continue to January 11, 2018 at 1 p.m. (made by: Botticelli) (seconded by: Koseatac) Carried 5-0 115 Washington Street Extension, LLC 115 Washington Street Alger KS to modify prior Special Permit decision to reflect recently effective provisions of the State Building Code, 91h edition at require two (2) feet of freeboard for 3 of the 4 approved dwellings to be constructed in the coastal high hazard area (V d Insurance Rate Maps) on the Locus. Prior relief issued in File No. 35-17 approved demolition and replacement of 6 pre- nforming structures with 4 new condominium dwelling units to be sited outside of all setbacks. The Locus is situated at 115 eet and is shown on Tax Assessor's Map 55.1.4 as Parcel 39. Evidence of owner's title recorded in Book 1572, Page 326 antucket County Registry of Deeds. The site is zoned Residential Old Historic (ROH). Toole, Koseatac, Poor, Thayer, Mondani None Botticelli File with associated plans, photos and required documentation Sarah Alger, Sarah F. Alger P.C. — Submitted at the table a letter from her client's building -code consultant and construction plans. Explained the reason for the request. Read the code as it pertains to this request None Poor — He'd have to look at the FEMA standards for pressure -treated lumber projects. Discussion about the building code and FEMA requirements in regards to this location. These are in the Flood Zone and the Velocity Zone. Poor — He agrees with the applicant's consultant; this is in the velocity zone, which requires the flood elevation plus two feet for the first -floor system. Toole — We could condition this relief that it has to meet minimum standards plus or minus four inches. Page 8 of 9 Minutes for December 14, 2017, adopted Feb. 8, 2018 Motion Motion to Grant relief as request with the condition it has to meet minimum standards plus or minus four inches. (made by: Koseatac) (seconded by: Thayer) Vote Carried 5-0 OTHER 1. Approval of 2018 ZBA Meeting Schedule: Adopted by unanimous consent. 2. Items SESSIONN'. EXECUTIVE Attending Toole, Botticelh, Koseatac, Poor, Thayer, Mondani Motion to go into EXECUTIVE SESSION to discuss strategy relating to pending litigation, known as King, et at. v. ZBA and Rugged Scott, LLC, Land Court 17 MISC. 000573, which concerns the comprehensive permit previously issued and as recently modified for the development known as Beach Plum Village, under G.L c.30A, §21(a)(3), with a potential declaration by the ZBA Chairman that a discussion of the matter in open session could have a detrimental effect on the position of the ZBA in the litigation. (made by Botticelli) (seconded by Koseatac) Voice Vote: Toole -aye, Botticelli-aye, Koseatac-aye, Poor -aye, Thayer -aye, Mondani-aye Exited Executive Session at 6:11 p.m. ADJOURNMENT Motion to Adjourn: 6:12 p.m. Sources used during the meeting not found in the files or on the Town website: 1. ZBA 2018 Meeting Schedule Submitted by: Terry L. Norton Page 9of9