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Home My WebLink About2018-2-8Minutes for February 8, 2018, adopted Mar. 8 t Thursday, February 8, 2018 0 � Public Safety Facility, 4 Fairgrounds Road, Community Room -1:00 p.m. t• - Called to order at 1:06 p.m. and Announcements made. Z �{ 1T Staff in attendance: Eleanor Antonietti, Zoning Administrator; T. Norton, Town Minutes Taker Attending Members: Toole, McCarthy, O'Mara, Koseatac, Poor, Thayer Absent: Botticelli, Mondani Late Arrivals: None Early Departures: None Agenda ado ted by unanimous consent APPROVALOF Susan J. McMaster (Owner) and Shannon & Pamela Bass (Applicants) 34 Western Avenue Cohen 1. November 9, 2017: Motion to Approve. (made by: Koseatac) (seconded by: O'Mara) Carried unanimously Voting 2. December 14,2017: Motion to Approve. (made by: Koseatac) (seconded by: O'Mara) Carried unanimously Alternates 3. January 11, 2018: Motion to Approve. (made by: Koseatac) (seconded by: O'Mara) Carried unanimously Recused OLD BUSINESS Documentation 1. 051-03 Rugged Scott, LLC Rugged Scott a/k/a Beach Plum 40B Hanley /Reade CONTINUED TO March 8, 2018 Public 2. 26-17 Scott B. Paton and Kristin S. Paton 33 Orange Street Brescher CONTINUED TO March 8, 2018 Motion 3. 27-17 Douglas Lebrecht and Gina Lebrecht 4 Daffodil Lane Brescher REQUEST TO WITHDRAW WITHOUT PREJUDICE 2. 02-18 Voting Toole, McCarthy, O'Mara, Koseatac, Poor, Thayer Alternates None Recused None Documentation None Representing None Public None Discussion None Motion Motion to Accept the withdrawal without prejudice. (made by: O'Mara) (seconded by: Koseatac) Vote Carried 5-0 4. 40-17 Steven L. Cohen, Tr., Mak Shack Tr. & Mak Daddy Tr. 68 & 72 Monomoy Rd. Cohen CONTINUED TO March 8, 2018 5. 48-17 Kristen Engle, Tr. Pocomo Point Realty Trust 90 Pocomo Road Reade CONTINUED TO March 8, 2018 6. 01-18 Trillium 88, LLC 5 Nantucket Ave. Cohen CONTINUED TO March 8, 2018 111. NEW BUSINESS 1. 41-17 Susan J. McMaster (Owner) and Shannon & Pamela Bass (Applicants) 34 Western Avenue Cohen REQUEST TO WITHDRAW WITHOUT PREJUDICE Voting Toole, McCarthy, O'Mara, Koseatac, Thayer Alternates Poor Recused None Documentation None Representing None Public None Discussion (1:09) None Motion Motion to Accept the withdrawal without prejudice. (made by: Koseatac) (seconded by: Thayer) Vote Carried 5-0 2. 02-18 Paul J. Cronin and Megan B. Cronin 89 Somerset Road Beaudette Page 1 of 3 requests J record, is known a; Nantucke Voting Alternates Recused Representing Public Discussion (1: Motion Vote 3. 03-18 Applican provisiol front an( Ames A, Nantuck Voting Alternates Recused Documentati Representing Public Discussion (1 Motion Vote Minutes for February 8, 2018, adopted Mar. 8 s relief by Special Permit pursuant to Zoning By-law Section 139-33.A(2) to alter and expand the pre-existing dwelling unit. Specifically, applicant proposes to build an addition which will result in an increase in the pre-existing ground cover ratio upon the pre-existing nonconforming locus. In the alternative and to the extent necessary, Applicant y Variance to allow a 75 sq. ft. increase to the pre-existing nonconforming ground cover. The Locus, an undersized lot of ed at 89 Somerset Road, is shown on Assessor's Map 66 as Parcel 135.7, and on Plan No. 2014-47. The subject structure is 2 of the 89 Somerset Road Condominium. Evidence of owner's title is recorded in Book 1436, Page 346 on file at the stry of Deeds. The site is zoned Residential Forty (R-40). Toole, McCarthy, O'Mara, Koseatac, Thayer Poor None File with associated plans, photos and required documentation Rick Beaudette, Vaughan, Dale, Hunter and Beaudette P.C. — Reviewed the request for a covenant house. Lot is non- conforming as to lot area and ground cover. Until 2010, the area was zoned LUG -2 but plans show it in R-20. It conforms to the R-20 zoning; it is over ground cover under LUG -2. The owner is willing to eliminate a 63 square feet (SF) shed. None Poor — The master deed dated 2004 and revised in 2014 shows 11.9% ground cover allowed in R-2; this master deed is wrong. Confirmed there is no new master deed reflecting the correct zoning district; that would have to be updated. Discussion about why no one ever picked up that this lot was not in the R-20 district. Antonietti — This is across the road from R-40, RC -2, and CTEC with other districts in the area. Another component is that there is not a change in the footprint since the work is to enclose an existing deck. Beaudette — The owner is willing to give up any right to ever increase the size of the zoning shed. O'Mara — He would support granting the additional 74 SF especially if the owner is willing to minimize the size of the shed to its current size. Thayer — He has no problem. McCarthy — She'd support this request; feels this is a unique circumstance with the confusion about the zoning district. Koseatac — Wonders at what point the surveyors are to be held accountable for their errors. Discussion about adding to the relief conditions in regards to expanding the 123 SF shed. Motion to Grant the relief by special permit as requested with removal of the 65 SF shed and limiting the other shed to its existing 123 SF. (made by: McCarthy) (seconded by: Koseatac) Carried 4-1//Toole opposed Robert K. Brandt and Lacey P. Brandt 4 Ames Avenue Hanley questing relief by Variance pursuant to Zoning Bylaw Section 139-32 for a waiver from front and side yard setback ection 139-16 in order to relocate the existing dwelling away from the eroding coastal bank and as close as 5 feet from the yard lot lines where minimum front and side yard setbacks are 20 feet and 10 feet, respectively. The Locus is situated at 4 is shown on Assessor's Map 60 as Parcel 135. Evidence of owner's title is recorded in Book 1431, Page 34 on file at the stry of Deeds. The site is zoned Village Residential (VR) and is sited within the Village Height Overlay District (VHOD). Toole, McCarthy, O'Mara, Koseatac, Thayer Poor None File with associated plans, photos and required documentation Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP — Reviewed the request to move the structure away from the eroding shoreline as far as possible. The owners hope to get at least five more years out of this house. None O'Mara — There is no question this is threatened. Asked if the 5 -foot setback would include the steps. Ensured that Ames Avenue will not have to be shut down to move this structure; suggested the move not be in the summer. Reade — The steps are being slid over to keep them out of the 5 -foot setback Motion to Approve as requested. (made by: Koseatac) (seconded by. McCarthy) Carried 5-0 Page 2 of 3 Minutes for February 8, 2018, adopted Mar. 8 4. 04-18 Norman T. Gauvin and Genevieve L. Gauvin 3 Gold Star Drive Beaudette Applicant is seeking Special Permit relief pursuant to Bylaw Sections 139-7(a), 139-30, and 139-33.A to allow the alteration, vertical expansion, and change of use of a garage structure to a residential use. Applicant proposes to convert the single story garage, which is pre- existing nonconforming as to side yard setback, into a 1'/2 story secondary dwelling without alteration to the footprint The garage, as so altered, will not be any closer to the side yard lot line. The Locus, an undersized lot of record, is situated at 3 Gold Star Drive, is shown on Assessor's Map 55 as Parcel 194, and as Lot 3 on Plan Book 15, Page 46. Evidence of owner's title is recorded in Book 1583, Page 52 on file at the Nantucket Registry of Deeds. The site is zoned Residential Ten (R-10). Voting Toole, McCarthy, O'Mara, Koseatac, Poor Alternates Thayer Recused None Documentation File with associated plans, photos and required documentation Representing Rick Beaudette, Vaughan, Dale, Hunter and Beaudette P.C. — Reviewed the request for relief from setback and change of use of a garage with no change in the footprint. Public None Discussion (1:42) Discussion as to whether or not this is in a zoning district where two steps are allowed going into the setback. Toole — Wants it in the record that this lot is not in a VR district but is in R-10. He's not willing to grant relief from the side -yard setback if it isn't required. Antonietti — Warrant Article 18 was approved without amendment allowing two steps in the setback. Beaudette — Asked to grant the relief to the extent that it's needed. If they don't need the relief, he'll draft a decision that relief isn't required. Discussion about granting relief on the front yard setback when it wasn't specifically asked for from the ZBA but shown on the architectural plans. Motion Motion to Grant the relief as requested. (made by: O'Mara) (seconded by: McCarthy) Vote Carried 5-0 OTHER 1. None The ZBA will discuss minutes relating to pending litigation, known as King, et al. v. ZBA and Rugged ScottLLC, 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 and the review and action on executive session minutes. Motion to Enter Executive Session at 2:09 p.m. and not to come back into open session upon completion. (made by: O'Mara) (seconded by: Koseatac) Carried 5-0: Thayer, aye; Koseatac, aye; O'Mara, aye; Toole, aye; McCarthy, aye ADJOURNMENT Motion to Adjourn: 2:13 p.m. (made and seconded) Carried unanimously Sources used during the meeting not found in the files or on the Town website: 1. None Submitted by: Terry L. Norton Page 3 of 3