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HomeMy WebLinkAbout2018-3-8Minutes for March 8, 2018, adopted Apr. 12 ttl .fit K j u G K i T ZONING BOARD OF APPEALS T04;1N CLERK 2 Fairgrounds Road 2018 APR 13 AM 8= 25 Nantucket, Massachusetts 02554 www.nantucket-ma.gov Commissioners: Ed Toole (Chair), Lisa Botticelli (Vice chair), Susan McCarthy (Clerk), Michael J. O'Mara, Kerim Koseatac Alternates: Mark Poor, Geoff Thayer, Jim Mondani -- MINUTES -- Thursday, March 8, 2018 Public Safety Facility, 4 Fairgrounds Road, Community Room —1:00 p.m. Called to order at 1:07 p.m. and Announcements made. Staff in attendance: Eleanor Antonietti, Zoning Administrator; T. Norton, Town Minutes Taker Attending Members: Toole, Botticelli, McCarthy, Koseatac, Poor, Thayer, Mondani Absent: O'Mara, Late Arrivals: None Early Departures: Toole, 2:50 p.m. Town Counsel: Ilan Quirk, K&P Law (by phone) Agenda ado ted by unanimous consent APPROVAL1. OF 1. February 1, 2018: Motion to Approve. (made by: Koseatac) (seconded by: Thayer) Carried 5-0 2. February 8, 2018: Motion to Approve. (made by: Koseatac) (seconded by: Thayer) Carried 5-0 1. 051-03 Rugged Scott, LLC Rugged Scott a/k/a Beach Plum 40B Hanley/Reade The Board will have deliberations regarding the request to modify and clarify the Comprehensive Permit to update plans to allow a garage easement and location of a garage upon Lot 27. Locus is situated within the Rugged Scott, a/k/a Beach Plum Village, 40B subdivision. Locus is situated at 8 Blazing Star, is shown as Lot 27 upon Plan No. 2006-19, and as Assessors Map 67 Parcel 826. Voting Toole, Botticelli, Thayer, Mondani, Poor Alternates None Recused McCarthy Documentation File with associated plans, photos, required documentation, staff report, and Draft Decision for Lot 27. Discussion (1:09) Toole — The public hearing was closed so the Board is not taking public testimony at this time. Quirk — Suggested Finding 7 in the Draft Decision sets out the square footage (SF) of the affordable Lot 27 (8 Blazing Star Road) at .10 acre or 4,181 SF and the market -rate Lot 28 (8 Blue Flag Path) at .17 acre or 7,367 SF. Toole — First we review the draft findings then make a motion to make those findings then move on from there. Read the findings. The 2008 map did not show a garage on Lot 27. Antonietti — Noted an error that Lot 28 is 1 (one) Blue Flag Path not 8 (eight). Mondani — Asked that the exhibits be labeled. Motion Motion to Approve the draft decision prepared by Town Counsel with the modification to Finding 7 as discussed. (made by: Toole) (seconded by: Botticelli) Vote Carried 4-1 //Poor opposed Discussion Toole — We need to address the issue of the garage on Lot 27 and if it can serve a lot other than Lot 27. The garage is proposed, not yet built. Thayer — He's not in favor of this. Poor — He's opposed to the whole concept of burdening an affordable lot with this easement. Motion Motion to Deny the relief as requested to allow building a garage on Lot 27 for the benefit of Lot 28 and the garage -use easement. (made by: Toole) (seconded by: Botticelli) Vote Carried 5-0 Discussion With the easement still in place whether or not the driveway is part of the denial for the garage relief. Antonietti — Read the specific request for relief, which references the garage and garage use only. Toole — We should vote on the easement in regards to use for vehicular access across Lot 27 to Lot 28. Quirk — The 2006 plan shows a driveway easement going across 27 to get to 28; the question now is whether or not that access easement is necessary. Suggested adding, "...and to deny the request to provide any new easement. Mondani — His concern is that if the easement isn't terminated, it becomes a cloud over Lot 27. Antonietti — Reminded the Board of the ruling at the initial public hearing on 9/14/2017 that the modification/ clarification pertaining to the driveway/access easement affecting Lot 28 was insubstantial. Toole — If the Board were to vote to terminate the easement, we would be voting to modify the Comprehensive Permit. Page 1of8 Minutes for March 8, 2018, adopted Apr. 12 Motion Motion to Modify the motion for denial to add after "market rate lot" the sentence to deny the request to approve and incorporate any new easement on the Property (as recited in the deed to the Property) into the Comprehensive Permit plans. (made by: Botdcelli) (seconded by: Thayer) Vote Carried 5-0 Discussion Quirk — Due to the time limit, the chair should be authorized to sign the final decision so it can be filed before March 12, 2018. Toole — He is going off Island; asked that the Vice Chair be included in the event he cannot return in time. Motion Motion to Authorize the Chair or Vice Chair to sign the final decision. (made by: Mondani) (seconded by: Poor) Vote Carried 5-0 2. 051-03 Rugged Scott, LLC Rugged Scott a/k/a Beach Plum 40B Hanley/Reade Extended Clo e of Public Hearing Deadline June 11, 2018 Decision Action deadline July 20, 2018 Applican pro oses to modify and clarify the Comprehensive Permit to update plans to the extent necessary to depict garage use easement areas upon Lots 14, 20, and 24. To the extent necessary, Applicant requests modification of the Comprehensive Permit, so as to effectuate i ie foregoing relief. Locus is situated within the Rugged Scott, a/k/a Beach Plum Village, 40B subdivision, and the above - reference I lot are shown on Plan No. 2006-19. Evidence of owner' title is in Book 761, Page 53 on file at the Nantucket County Registry f Deeds. The site is zoned Limited Use General 2 (LUG -2). Voting Toole, Botticelli, Thayer, Mondani, Poor Alternates None Recused McCarthy Documentatic n File with associated plans, photos, required documentation and staff report Representing Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP Marianne Hanley, Reade, Gullicksen, Hanley, & Gifford LLP Josh Posner, Principle Public Sarah Alger, Sarah F. Alger P.C., for Michelle Johnson of Lot 14 Carlese Gumbs, 12 Blazing Star Road, Lot 24 Simonas Zekas, 8 Blazing Star Road, Lot 27 Discussion (1: 7) Reade — Requesting the withdrawal of the request in regards to lot 14 and Lot 20. Upon review, Lot 14 garage location within the easement was approved by the Board in 2007; they don't need relief in regards to that That leaves Lot 24; we believe and reported that we had agreed to a settlement with the attorney for the owner of Lot 24. Subsequent to that, the owner of Lot 24 ceased association with that attorney and was not going forward with the settlement The owner of Lot 24 has since retained Attorney James Timmons, who informed Mr. Reade and Ms Antonietti that he could not attend this meeting and asked that the matter be continued. Mr. Reade's client has no objections to the continuance. Motion Motion to Continue the hearing for Lot 24 to April 12 meeting 1:00 p.m. at the same location. (made by: Botticelh) (seconded by: Mondani) Vote Carried 5-0 Discussion Quirk — They have the right to withdraw; the board can urge them to extinguish the easement that is no longer appropriate. The Board should have a vote to acknowledge the request for withdrawal and a handwritten request for withdrawal be part of the record. Toole — Read the written notice of withdrawal for garage easements on Lots 14 and 20. Motion Motion to Acknowledge that the Board vote to acknowledge, under 760 CMR 56.05(11)(c), the written withdrawal received by the Board on March 8, 2018 from Applicant Rugged Scott, LLC of the September 1, 2017 modifications requests, to authorize garages to be placed on Lot 14 Beach Plum (2 Fox Grape Lane) and on Lot 20 Beach Plum (10 Wood Lily) for the benefit of adjacent lots. (made by: Botticelli) (seconded by: Thayer) Vote Carried 5-0 The App icant further seeks a determination that various modifications to the Comprehensive Permit, as amended, and the plans approved therewith, may be considered insubstantial pursuant to 760 CMR 56.05 (11)(a)(b), and as such, may be authorized by the Zoning B and of Appeals. The proposed modifications for which applicant seeks approval consist of: a. Lot 32 2 Blizing Star) — installation of an in -ground spa b. Lot 35 2 Cranberry Lane) — installation of an in -ground spa c. Lot 36 2 Wod Lily) — installation of an in -ground spa a. Lot 34 14 C anberry Lane) — installation of a relocated (previously approved) in -ground spa reconfiguration of driveway from stacked to side- d. Lot 42 Voting Alternates Recused ie parking god Lily) — construction of steps in the Community pool Toole, Botticelli, Thayer, Mondani, Poor None McCarthy File with associated plans, photos, required documentation and staff report. Page 2 of 8 Minutes for March 8, 2018, adopted Apr. 12 Representing Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP Marianne Hanley, Reade, Gullicksen, Hanley, & Gifford LLP Chris Humphries Josh Posner, Principle Public None Discussion (1:57) Humphries — This is to allow spas on the noted lots. Would like to withdraw the Lot 42 application for the pool steps at this time to ascertain if the inclusion of steps is physically possible. The last part is to change the parking configuration and move the spa on Lot 34. Spas all meet zoning setbacks. Hanley — The first question is whether or not the request is substantial or insubstantial. Quirk — Her question is whether or not the drainage of the spas will allow for further permeable surfaces. Humphries — He hasn't done further run off calculations and doesn't think it's an issue. Believes this has no impact on the affordable lots. Toole — The original landscape plan didn't show all the patio area; that would all be part of the drainage calculation. Under code, each property owner is responsible for the handling the drainage on their own lot. Quirk — Amenities in and of themselves are allowable within the project so long as they don't overburden the stormwater drainage. Toole — Moving forward in the future, the landscape plan should be part of what's going on. The original plan showed all pervious surfaces; now there are impervious surfaces. Quirk — If an individual property owner wants to put in a new amenity not shown on the plan, they have to come back to the Board. Asked that the withdrawal of the community pool be in writing; it can be a quick, hand-written request. Motion Motion that the installation of spas and the reconfiguration of the driveway on the noted lots are determined to be insubstantial pursuant to 760 CMR 56.05 (11)(a)(b); this does not include the community pool. (made by: Thayer) (seconded by: Mondani) Vote Carried 5-0 Motion Motion to Acknowledge the withdrawal of the pool request under 760 CMR 56.05 (11)(a)(b). (made by: Thayer) (seconded by: Mondani) Vote Carried 5-0 3. 26-17 Scott B. Paton and Kristin S. Paton 33 Orange Street Brescher Applicants are seeking Special Permit relief pursuant to Zoning By-law Section 139-30 from the provisions of Section 139-33.A in order to alter the pre-existing nonconforming dwelling structure. Specifically, applicant proposes to renovate and build a 2 -story addition and basement on the south and west elevations. A portion of the work will take place within the northerly side yard setback. The dwelling will be no closer to the northerly side yard lot line than the existing structure as a result of the proposed work. The Locus, an undersized lot of record, is situated at 33 Orange Street, is shown on Tax Assessor's Map 42.3.2 as Parcel 199, and as Lot 470 upon Plan Book 16, Page 81. Evidence of owner's tide recorded in Book 1570, Page 270 on file at the Nantucket County Registry of Deeds. The site is zoned Residential Old Historic (ROH). Voting Toole, Botticelli, McCarthy, Koseatac, Thayer Alternates Mondani Recused Poor Documentation File with associated plans, photos, required documentation and staff report. Representing John Brescher, Glidden & Glidden Matt Galvin, Woodmeister Master Builders Public None Discussion (2:15) Brescher — A construction methodology has been provided to the Board to alter a pre-existing, non -conforming dwelling. Work will take place in the setback but there will be no further non -conformity. Botticelli — Confirmed what will be moved and what will be demolished and that there will be no further incursion into the setback. There are no dimensions on the survey showing the distance from the rear and side property lines to the corner of the addition. Galvin — Everything else will be outside the setback. Thayer — He wants to see in writing that there is a contract with Wayne McArdle, McArdle Gannon Associates, either a redacted contract or something signed by Mr. McArdle stating his company will supervise this work. Toole — When you are .03 from the lot line, there should be more than a verbal statement. The Board should see what Mr. McArdle is proposing to ensure there is no excavation intruding into the abutter's without permission. Discussion about the difficulties faced when excavating for a foundation this close to the property line and what the Board wants to ensure there is no damage to the abutters. Galvin — Explained that at the time of the submittal, the agreement with McArdle had not yet been executed; it has now. Thayer — Pointed out that the documents the Board is requesting are needed for a building permit. Motion Motion to Continue to April 12,1:00 p.m. at the same location. (made by: Botticelh) (seconded by: Koseatac) Vote Carried 5-0 4. 40-17 Steven L. Cohen, Trustee of Mak Shack Trust and Mak Daddy Trust 68 & 72 Monomoy Road Cohen REQUEST TO WITHDRAW WITHOUT PREJUDICE Page 3of8 Voting Alternates Representing Motion Vote 5. 48-17 existing r. and recoi cover wil as Parcel zoned Voting Alternates Recused Representing Public Discussion Motion Vote 6. 01-18 Applicani existing nonconfc on Plan f site is zor Voting Alternates Recused Documentatic Representing Public Discussion 12:. Motion Vote Minutes for March 8, 2018, adopted Apr. 12 Toole, Botticelli, McCarthy, Koseatac, Thayer Poor, Mondani Steven Cohen, Cohen & Cohen Law P.C. -This is being replaced by a simpler application. Motion to Accept the withdrawal without prejudice. (made by: Botticelli) (seconded by: Koseatac) Carried 5-0 Kristen Engle, Tr. Pocomo Point Realty Trust 90 Pocomo Road Reade eking Special Permit relief pursuant to Zoning By-law Section 139-33-A to allow an alteration which will increase the pre- nforming height of the structure upon the pre-existing nonconforming locus. Specifically, applicant proposes to relocate t the pre-existing nonconforming dwelling away from an eroding coastal bank. The pre-existing nonconforming ground hange and no new nonconformities will be created. Locus is situated at 90 Pocomo Road, is shown on Assessor's Map 15 Me premises is also shown as Lots A-11 and A-12 upon LCP 16220-H and Lots A-6 and A-7 upon LCT 16220-F. er's title is registered on Certificate of Title No. 24369 at the Nantucket County District of the Land Court The site is Use General 3 (LUG -3). Botticelli (acting chair), Koseatac, Poor, Thayer, Mondani None None File with associated plans, photos, required documentation and staff report Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP Paul Santos, Nantucket Surveyors Chip Webster, Chip Webster Associates None Reade — The house is 30.7 feet above average mean grade; it is over ground cover, which we believe is a result of the continued erosion. The proposal is to move the house back with no change in ground cover or structure height; the average mean grade is increasing to 32 feet due to change in topography; the highest side will be 35.5 feet This is not substantially more detrimental to the neighborhood. They do not have a plan showing the landscape features at this time but it will be ready to be attached to the decision. Santos — The existing finished floor is at elevation 38.5; the proposed will be at elevation 35.5. Webster — There is Historic District Commission (HDC) approval for the structure at the lower height and the hardscaping plan. David Bartsch has been retained as the landscape architect. Lowering the house eliminated six steps. Poor — We did not have the hardscape plan at the last meeting. Thayer — He's not concerned about seeing the hardscape plan. Motion to Grant the relief as requested. (made by: Thayer) (seconded by: Koseatac) Carried 5-0 Trillium 88, LLC 5 Nantucket Avenue Cohen s relief by Special Permit pursuant to Zoning By-law Section 139-33.A to relocate, renovate, alter, and extend the pre- nforming structures within the side yard setback and to allow expansion which will increase the pre-existing ground cover. The Locus is situated at 5 Nantucket Avenue and is shown on Tax Assessor's Map 30 as Parcel 252 and -U. Evidence of owner's title is recorded in Book 1405, Page 289 on file at the Nantucket County Registry of Deeds. The sidential One (R-1). Toole, McCarthy, Koseatac, Poor, Thayer None Botticelli File with associated plans, photos, required documentation and staff report. Steven Cohen, Cohen & Cohen Law P.C. None Cohen — Presented a revised addendum and architectural plans at the table. Reviewed the request The neighbor is selling his client an 8 -foot strip of land, which would by itself bring the existing structure into conformity in regards to ground cover. The existing lot has 2,037 SF ground cover allowed but is currently 156 SF over, whereas new proposal is 392 SF over. His client is looking for permission to increase the pre-existing nonconforming ground cover with acquisition of 536 SF parcel from the neighbor. The proposed DU will be 2,590 SF where maximum allowed would be 2,198 SF. He is asking for an increase in the ground cover ratio from the existing 32.3% to 35.4%. This request is not substantially detrimental to the neighborhood. Toole — Typically we don't grant extra groundcover; but could argue that it's not more detrimental due to the reduction in the size of the 2°d floor. Motion to Grant the relief with conditions that 1) there is no additional up -stairs expansion based on HDC approval; 2) submission of an updated survey plan; 3) all setback encroachments will be cured; 4) no new shed; 5)no further expansion without board approval; and 6) with the restriction of no exterior work between Memorial Day and Labor Day. (made by: Thayer) (seconded by: Koseatac) Carried 5-0 Page 4of8 Minutes for March 8, 2018, adopted Apr. 12 III. NEW BUSINESS 1. 05-18 John R. Hendricks and Greer K. Hendricks 1 Jefferson Lane Bracken Applicant is seeking Special Permit relief pursuant to By-law Sections 139-30.A and 139-33.A to allow the alteration of a pre-existing nonconforming structure upon a pre-existing nonconforming lot. Applicant proposes to construct a dimensionally compliant primary dwelling and to remove a 694 sq. ft. accessory structure, which is nonconforming as to use and side and rear setbacks, and replace it with a 330 sq. ft. studio, which is proposed to be sited 5.5 feet from the side yard lot line and as close as 1.7 feet from the rear yard lot line where side and rear yard setbacks are 5 feet. The alteration will thus cure the side yard setback nonconformity and will decrease the rear yard setback intrusion. The Locus, an undersized lot of record, is situated at 1 Jefferson Lane, is shown on Assessor's Map 55.4.1 as Parcel 74.1, and as Lot 1 on Plan No. 2015-92. Evidence of owner's title is recorded in Book 1624, Page 107 on file at the Nantucket Registry of Deeds. The site is zoned Residential Old Historic (ROH). Voting Botticelli (acting chair), McCarthy, Koseatac, Poor, Mondani Alternates Thayer Recused None Documentation File with associated plans, photos, required documentation and staff report. Representing Don Bracken, Bracken Engineering, Inc. Matt MacEachern, Emeritus Development Public Steven Cohen, Cohen & Cohen Law P.C., for 53 Fair Street Discussion (3:04) Bracken — Reviewed the request. There is a building permit issued for the main house so this focuses on the studio with crawl space access. Have HDC approval. There is not enough room to move the access out of the setback. Cohen — Client asked for two conditions: no more than 1 story in setback and proper steps be taken to protect hedges, fence, etc. Botticelli — Need to clarify whether or not the studio itself is in the setback. Would like to have the dimensions from the setback to the structure and the areaway included on the plan. Motion Motion to Grant the relief in substantial compliance per HDC -approved plans and no exterior work between Memorial Day and Labor day and submission of an updated plan showing dimensions from setback and protection of hedges/plantings of 53 Fair Street along the shared lot line. (made by: McCarthy) (seconded by: Mondani) Vote Carried 5-0 2. 06-18 Steven E. Phillip and Carrie A. Phillip, Appellants 8 Coffin Road Reade Applicants bring an appeal of a determination of the Zoning Enforcement Officer, pursuant to M.G.L., c. 40A Sections 8 and 15 and Zoning By -Law Section 139-31, relating to an interpretation of maximum allowable ground cover. In the alternative, Applicants request relief by Variance pursuant to Zoning By-law Section 139-32 from the intensity regulations of 139-16 in order to establish permissible ground cover upon locus as being up to 1,500 square feet. The Locus, an undersized lot, is situated at 8 Coffin Road (portion), is shown as portion of Tax Assessor's Map 91 as Parcel 9.5, and as Lot 1027 upon Land Court Plan No. 5004-106. Evidence of owner's registered as Certificate of Title No. 25299 in the Nantucket County District of the Land Court. The site is zoned Limited Use General 3 (LUG -3). Voting Botticelli (acting chair), McCarthy, Koseatac, Thayer, Mondani Alternates Poor Recused None Documentation File with associated plans, photos, required documentation and staff report. Representing Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP Public None Discussion (3:16) Reade — Reviewed the request for this property bisected by Coffin Road with the lot west of Coffin Road validated as a separate lot. About 20 years ago, the ZBA ruled up to 1500 SF was available for construction under the bylaw on any lot of record larger than 5,000 SF; but that provision is not available. This lot of record was created by the Town when the Planning Board ruled Coffin Road as access for Wright's Landing Subdivision. There were letters of concern about the increase of intensity in the area and this setting a precedent. LUG -3 zoning allows 3% ground cover. There are many undersized lots that allow 1500 SF ground cover. Mondani — He agrees that the lot exists and they have a right. Poor — By variance, the shape of the lot would justify relief. 1500 SF is not new or different in that area. Botticelli — She has trouble seeing this as a lot of record but agrees about variance relief. Referred to Staff Notes. Motion Motion to Uphold the decision of the Zoning Enforcement Officer. (made by: Koseatac) (seconded by: McCarthy) Vote Carried 5-0 Motion Motion to Grant the variance relief as request with no further expansion. (made by: Koseatac) (seconded by: Mondani) Vote Carried 4-1//Thayer opposed Page 5 of 8 3. 07-18 Applicar between to June ' replacem Locus is in Book Voting Alternates Recused Documentati Representing Public Discussion (3. Motion Vote 4. 08-18 side and dwelling, dwelling. proposes lines thar and evidt Voting Alternates Recused Representing Public Discussion (3: Motion Vote the Minutes for March 8, 2018, adopted Apr. 12 115 Washington Street Extension, LLC 115 Washington Street Alger s to modify prior Special Permit decision in order to remove a condition which prohibits any "exterior construction Tial Day and Labor Day of any given year". In the alternative, applicant seeks to revise the construction moratorium dates abor Day of any given year. Prior relief issued in File No. 35-17 and modified in File No. 50-17 approved demolition and 6 pre-existing nonconforming structures with 4 new condominium dwelling units to be sited outside of all setbacks. The d at 115 Washington Street and is shown on Tax Assessor's Map 55.1.4 as Parcel 39. Evidence of owner's title recorded Page 326 on file at the Nantucket County Registry of Deeds. The site is zoned Residential Old Historic (ROH). McCarthy(acting chair), Koseatac Poor, Thayer, Mondani None Botticelli File with associated plans, photos, required documentation and staff report. Sarah Alger, Sarah F. Alger P.C. None Alger — This is on the edge of Town and separated by on-going, multi -structure construction that has no restriction. There is one letter of opposition from an abutter; that abutter is separated by the current construction. Would like to be able to work through June. Noted that the Planning Board has a different set of dates and that is the end of June. Poor — He would consider the extension with a hiatus between noon Thursday before Memorial Day to Tuesday after. Thayer — He would agree with Mr. Poor but not remove the other conditions. Koseatac — He's opposed; more and more are coming in with this request and he is concerned about precedent. Mondani —That road gets very busy down there once the yacht club opens, which is the beginning of June. He could accept the Memorial Day weekend shut down and no construction after June 15. Motion to Grant the extension with no exterior construction between noon Thursday May 24 to Tuesday May 29 and no exterior construction after June 15. (made by: Poor) (seconded by: Thayer) Carried 4-1/Koseatac opposed Martha W. Lewis 5 York Street Brescher questing Special Permit relief pursuant to Zoning By-law Sections 139-30.A and 139-33.A in order to alter the pre-existing structures upon the Locus. The Applicant proposes to demolish the secondary dwelling, currently sited within the 5 foot yard setbacks, and abandon the secondary dwelling use. Applicant further proposes to alter and expand the primary nonconforming as to side and rear yard setbacks, by extending it in substantially the same footprint as the secondary result, the renovated structure will be 2.9 feet from the westerly side yard lot line at its closest point The applicant further nstruct a stoop, deck, and rear shed dormer on the primary structure. None of these additions will be any closer to the lot xisting structures. The Locus is situated at 5 York Street, is shown on Nantucket Tax Assessor's Map 55.1.4 as Parcel 102, f owner's title is recorded in Book 1592, Page 243. The site is zoned Residential Old Historic (ROH). Botticelli (acting chair), McCarthy, Koseatac, Thayer, Mondani None Poor File with associated plans, photos, required documentation and staff report. John Brescher, Glidden & Glidden P.C. None Brescher — Reviewed the request. All work has been approved by the HDC. Botticelli — If we approve this, it would be with the building in the location shown on the site plan. Only 1 / 10 of foot of the deck will be in the side -yard setback. Motion to Grant the permit as requested with the condition of no exterior construction between Memorial Day and Labor Day. (made by: Thayer) (seconded by: McCarthy) Carried 5-0 Page 6 of 8 Minutes for March 8, 2018, adopted Apr. 12 5. 09-18 34 Western Avenue Surfside, LLC 34 Western Avenue Cohen Applicant seeks relief by Special Permit pursuant to Zoning By-law Sections 139-30.A and 139-33.A to alter or replace a pre-existing nonconforming dwelling. Applicant proposes to alter a house or to demolish and build a new one. The structure is currently sited as close as 1.7 feet from the westerly side yard lot line. The new or renovated dwelling would maintain the encroachment, currently a two story house and basement stairs with the same, but would not get closer to the lot line than the existing structure or otherwise increase the nonconformity. The Locus is split between the R-20 and the LUG -2 zoning districts, is a pre-existing nonconforming lot with 50 feet of frontage where 75 feet is required. The lot has an area of 41,499 sq. ft., with a limited available building envelop due to shape, zoning setbacks, soil conditions, wetlands with associate buffer zones, and split zoning. The Locus is situated at 34 Western Avenue, is shown on Assessor's Map 87 as Parcel 82, and as Lot 1 upon Land Court Plan 8597-F. Evidence of owner's title is registered on Certificate of Title No. 26758 at the Nantucket County District of the Land Court. The site is zoned Residential 20 (R-20) and Limited Use General 2 (LUG -2). Voting Botticelli (acting chair), McCarthy, Koseatac, Poor, Thayer Alternates Mondani Recused None Documentation File with associated plans, photos, required documentation and staff report. Representing Steven Cohen, Cohen & Cohen Law P.C. Matt MacEachern, Emeritus Development Public None Discussion Cohen — Reviewed the request. There would be no change in nonconformity. Thayer — Suggested moving the access stairs and condensers out of the west side setback. Poor — If they are going to demolish and rebuild, they should take another look at eliminating the nonconformity. Discussion about where to move the condensers and stairs currently proposed on the west side. Motion Motion to Grant the relief for demolition and construction of a new house no closer to western property line than the existing structure including areaway and condensers, and with submittal of survey plan with dimensions of the wall. (made by: Thayer) (seconded by: Koseatac) Vote Carried 5-0 6. 10-18 Steven L. Cohen, Trustee of Mak Daddy Trust 72 Monomoy Road Cohen Applicant seeks relief by Variance pursuant to Zoning By-law Section 139-32 and, to the extent necessary, Special Permit relief under 139-33.A, from the intensity regulations of 139-16.A and from the requirement to obtain such relief in advance under 139-33.A(4)(a), in order to validate the construction of the existing dwelling upon the locus. The Locus previously contained a dwelling which was pre- existing non -conforming as to allowable ground cover based on its grandfathered status and on prior zoning relief. The dwelling was demolished and rebuilt without the relief required to retain or alter the overage. The 34,007 sq. ft. lot allows a ground cover ratio ("GCR") of 7%. The prior dwelling had a GCR of 8.2% whereas the current 2,402 sq. ft. dwelling has a GCR 7.06%, for an overage of about 22 sq. ft. The Applicant seeks relief to alter or remove and reconstruct a pre-existing non -conforming structure in excess of the permitted ground cover ratio. Applicant further seeks such relief to amend or alter the prior relief. 72 Monomoy Road is 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. 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 lot is zoned Limited Use General 1 (LUG -1). Voting Botticelli (acting chair), McCarthy, Koseatac, Thayer, Mondani Alternates Poor Recused None Documentation File with associated plans, photos, required documentation and staff report. Representing Steven Cohen, Cohen & Cohen Law P.C. Public Sarah Alger, Sarah F. Alger P.C. for the abutter Discussion (4:06) Cohen — Reviewed the situation leading to this request. Asked what additional information the Board would like to see and asked this to be continued. McCarthy — Would like to see something from the builder and surveyor explaining their errors. Motion Motion to Continue to April 12,1:00 p.m. at the same location. (made by: Koseatac) (seconded by: McCarthy) Vote Carried 5-0 Page 7 of 8 1. REVIE , C( BOARD OF Board on No permit tu ider imposedon a Voting Documentati n Discussion Motion Vote u • Motion to A jou Sources used dur 1. No Submitted b . Terry L. No on Minutes for March 8, 2018, adopted Apr. 12 INSIDER APPROVAL AND ADOPTION OF AN AMENDMENT TO THE "TOWN OF NANTUCKET ZONING APPEALS COMPREHENSIVE PERMIT RULES AND REGULATIONS", originally adopted and approved by the ember 12, 2015. The Rules establish procedures for an application to the Zoning Board of Appeals for a comprehensive M.G.L. c. 40B, Sections 20-23 and the regulations promulgated thereunder. The proposed modification concerns fees applicant to pay for peer review of a comprehensive permit project and the consequences of non-payment. Botticelli (acting chair), McCarthy, Koseatac Poor, Thayer, Mondani Copy of proposed amendment. Antonietti — Modifications have been made since the Board voted on this. Ratification of the vote. It will then be filed with the Town Clerk and posted on the Town Website. Motion to Adopt the regulations. (made by: Koseatac) (seconded by: Poor) Carried unanimously at 4:15 p.m. (made by: Koseatac) (seconded by: Mondani) Carried unanimously the meeting not found in the files or on the Town website: Page 8 of 8