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Discussion (1:11) Antonietti — There are conditions on the original permit, that's why it has to be rescinded.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