HomeMy WebLinkAbout2018-7-12Minutes for July 12, 2018, adopted Aug. 9
3��'0N71C�Fr� ZONING BOARD OF APPEALS
2 Fairgrounds Road
y •� Nantucket, Massachusetts 02554 rs --A
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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, July 12, 2018 S m
Public Safety Facility, 4 Fairgrounds Road, Community Room —1:00 p.m. co
Called to order at 1:06 p.m. and Announcements made.
Staff in attendance: Eleanor Antonietti, Zoning Administrator; T. Norton, Town Minutes Taker tD
Attending Members: Toole, Botticelli, McCarthy, O'Mara, Poor, Thayer, Mondani
Absent:
Koseatac
Late Arrivals:
None
Early Departures:
None
Town Counsel:
Ilana Quirk, KP Law P.C.
A enda ado ted as amended b unanimous consent
APPROVAL1. OF
1. May 10, 2018: Motion to Approve. (made by: O'Mara) (seconded by: Thayer) Carried unanimously
2. May 24,2018: Motion to Approve. (made by: O'Mara) (seconded by: Thayer) Carried unanimously
3. June 14, 2018: Motion to Approve. (made by: O'Mara) (seconded by: Thayer) Carried unanimously
SESSION
The Board may entertain a motion to go into executive session under G.L.c.30A, §21(a)(3) for the purpose of discussing strategy with respect
to litigation, which are known as 1) Rugged Scott LLC v. Nantucket Zoning Board of Appeals, Housing Appeals Committee No. 2018-01 and
concerns a denial by the Zoning Board of Appeals of a request by Rugged Scott LLC to modify the Beach Plum Comprehensive Permit so as
to allow a garage to be placed upon Lot 27 Beach Plum (8 Blazing Star Road), an affordable lot, for the benefit of and for the purpose of
serving Lot 28 Beach Plum (1 Blue Flag Path), an adjacent market rate lot; and 2) Rugged Scott LLC v. Zoning_Board of Appeals, Housing
Appeals Committee No. 2018-04, which concerns a denial by the ZBA of a request by Rugged Scott LLC to modify the Beach Plum
Comprehensive Permit so as to allow a garage built on Lot 24 Beach Plum (12 Blazing Star Road), an affordable lot, to be used for the benefit
of Lot 23 Beach Plum (14 Blazing Star Road), a market rate lot, because the Chair has determined an open meeting discussion may have a
detrimental effect on the litigating position of the Board.
Voting Toole, Botticelli, McCarthy, O'Mara, Mondani
Alternates Poor, Thayer
Motion Motion to Enter into Executive Session for the reasons stated at 1:09 p.m. and to go back into open session
upon completion. (made by: Botticelli) (seconded by: Mondani)
Voice Vote Carried unanimously: Mondani-aye; O'Mara -aye; Toole -aye; Botticelli-aye; McCarthy -aye
Motion Motion to Leave Executive Session at 2:39 pm. (made by: Botticelli) (seconded by: McCarthy)
Voice Vote Carried unanimously: Mondani-aye; O'Mara -aye; Toole -aye; Botticelli-aye; McCarthy -aye
11. OLD BUSINESS
1. 051-03 Rugged Scott, LLC Rugged Scott a/k/a Beach Plum 40B Humphrey
The Applicant seeks a determination that a modification 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 Board of Appeals.
The proposed modification pertains to approval of a revised landscape plan to allow installation of a cedar arbor on the front elevation of
the home on Lot 35 (2 Cranberry Lane).
Voting Toole, Botticelli, McCarthy, O'Mara, Mondani
Alternates. Poor, Thayer
Recused None
Documentation File with associated plans, photos and required documentation
Representing Chris Humphrey
Public None
Discussion (245) Humphrey — Requesting a ruling for an insubstantial change to place an entry arbor. Have done other arbors; this one
wasn't included on the landscape plan.
Consensus agrees this is insubstantial.
Page 1 of 4
Motion
Vote
2. 16-18
Applicants t
allowable gr,
with up to 1
10 foot side
Parcel 884, s
the Nant4ck
3. 17-18 II
under Se
situated
of owne.
Resident
Voting
Alternates
Recused
Documentati
Representing
Public
Discussion (2
Motion
Vote
4. 19-18
needed,a
than the
Locus, an
on Plan F
zoned Re;
Voting
Alternates
Recused
Minutes for July 12, 2018, adopted Aug. 9
Motion to Rule this is an insubstantial change to the Comprehensive Permit. (made by: Botticelli) (seconded by:
McCarthy)
Carried unanimously
Edith Ann Ray and Seth H. Dillon, Tr., Sixty -Two Miacomet Avenue Nom. Tr. 2 Dillon Court Reade
uest relief by Variance pursuant to Zoning By-law Section 139-32 from the minimum lot area requirement and maximum
nd cover ratio under Section 139-16 (Intensity Regulations) in order for the premises to be used as a residential building lot
)0 sq. ft. of ground cover. Applicants request additional relief by Special Permit pursuant to Section 139-16.C(1) to reduce
Ld rear setbacks to 5 feet. The Locus, an undersized lot, is situated at 2 Dillon Court, is shown on Tax Assessors Map 67 as
I as Lot 35 upon Land Court Plan No. 38026-J. Evidence of owner's title is registered at Certificate of Title 20158 on file at
County District of the Land Court. The site is zoned Residential Twenty (R-20).
Edith Ann Ray and Seth H. Dillon, Tr., Sixty -Two Miacomet Avenue Nom. Tr. 4 Dillon Court Reade
uest relief by Variance pursuant to Zoning By-law Section 139-32 from the minimum lot area and frontage requirements
139-16 (Intensity Regulations) in order validate the premises as a residential building lot The Locus, an undersized lot, is
illon Court, is shown on Tax Assessor's Map 67 as Parcel 353, and as Lot 34 upon Land Court Plan No. 38026-J. Evidence
is registered at Certificate of Title 20158 on file at the Nantucket County District of the Land Court. The site is zoned
enty (R-20).
Toole, Botticelli, McCarthy, O'Mara, Poor
Thayer, Mondani
None
File with associated plans, photos and required documentation
Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP
Richard Ray
None
Reade — Reviewed the request. Reviewed an opinion from Director Vorce and Town Counsel that the Permit Extension
Act does not apply. The only way to ratify the lots is to have the variance relief granted. Will also be asking for relief from
the setbacks on 4 Dillon Court. The neighborhood is built out. The applicant has been paying separate taxes on the lots.
Toole — The fundamental issue is that the zoning freeze expired.
Ray — Trying to establish the subdivision so that his sons can buy out his brother-in-law. 15 of the lots on his side of
Miacomet Avenue have secondary structures and look like these lots would look.
Motion to Grant the relief as requested conditioned to prohibit secondary dwellings, sheds, and pools. (made by:
Botticelli) (seconded by: O'Mara)
Carried unanimously
ACK Crazy, LLC 9 West Chester Street Bencat
luesting Special Permit relief pursuant to Zoning By-law Sections 139-30.A and 139-33.A in order to alter the pre-existing
structure by demolishing the rear wing of the dwelling unit, renovating and/or replacing the existing foundation as
:onstructing the wing in substantially the same footprint. The structure will be no closer to the westerly side yard lot line
ig structure as a result of the proposed alterations, although there will be a vertical expansion within the setback. The
rsized lot, is situated at 9 West Chester Street, is shown on Nantucket Tax Assessor's Map 42.4.3 as Parcel 12, and as Lot 1
7, Page 48 and Lot 4 on Plan Book 20, Page 1. Evidence of owner's title is recorded in Book 1618, Page 205. The site is
ial Old Historic (ROH).
Toole, Botticelli, McCarthy, O'Mara, Mondani
Poor, Thayer
done
Documentatioh ile with associated plans, photos and required documentation
Representing furaj Bencat, JB Studio
Public Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP for Allen Breed
Allen Breed, 13, 11, 7 West Chester Street
Discussion (2:5) Antonietti — The members have a document from Steven Cohen, Cohen & Cohen Law P.C., which addresses the
ierger issue.
.eade — The issue of the lot merger, his clients own Lots on both sides of this. Explained these two lots have not merged
cause there have been dwellings on each lot since 1969. He pulled the 1955 assessor records showing that lot with a
welling and garage.
O'Mara — He's been in both houses and agrees that Ms Goldsmith subdivided prior to 1972 and has held ownership.
onsensus agrees the merger is not an issue.
encat — Reviewed information submitted in response to ZBA's requests at the last hearing.
oole — The addition is making this structure taller within the setback.
Bade — Mr. Breed's main area of concerns: first is how the work will be done because the existing foundation is
tactically on the west lot line; second is that this be conditioned that no work be done between Memorial Day to Labor
ay. His client would like that restriction extended to Columbus Day since they use the two properties frequently.
Page 2 of 4
Minutes for July 12, 2018, adopted Aug. 9
Breed — He and his brother own 7 and 11 West Chester Street and use the houses extensively. He understands that this
house needs work, but he's concerned about the methodology.
Bencat — The existing foundation will need to be fixed but it is useable. The west side is the worst off.
Toole — We should assume the foundation will end up being all new. Pointed out west side of the structure cadt be
reshingled without going onto the Breed's property.
Poor — Pointed out that the new 2 -story construction will require a fire wall and it can't have windows due to proximity to
the property line. We should ask for a construction protocol report explaining conditions and methodology to protect the
neighbor.
Toole — This work will not be completed by next summer; they won't get an approval today and there is other permitting
work to be done. We need more information on construction methodology, as -built drawings of the existing, and an
agreement with the neighbor to go on their property to do work.
Antonietti — Need an extension request to October 11 signed for this to be continued.
Motion Motion to Accept the extension to October 11. (made by: Botticelli) (seconded by: McCarthy)
Vote Carried unanimously
Motion Motion to Continued to August 9, this location. (made by: Botticelli) (seconded by: McCarthy)
Vote Carried unanimously
5. 22-18 James C. Herbert and Kathleen H. Herbert 70 Lovers Lane Guay
Applicant seeks relief by Special Permit pursuant to Zoning By-law Section 139-33.A(2) to alter and expand the pre-existing
nonconforming dwelling unit. Specifically, applicant proposes to build two additions which will increase the pre-existing nonconforming
ground cover ratio upon the premises. In the alternative and to the extent necessary, Applicant requests relief by Variance to allow a
roughly 150 sq. ft. increase to the pre-existing nonconforming ground cover. The Locus, a pre-existing nonconforming undersized lot of
record, is situated at 70 Lovers Lane, is shown on Tax Assessor's Map 79 as Parcel 22, upon Land Court Plan 36819-A and as Parcel A on
Plan No. 2014-107. Evidence of owner's title is registered at Certificate of Title 24345 on file at the Nantucket County District of the
Land Court and recorded in Book 1618, Page 205 on file at the Nantucket Registry of Deeds. The site is zoned Residential Twenty (R-20).
Voting Toole, Botticelli, McCarthy, O'Mara, Mondani
Alternates Poor, Thayer
Recused None
Documentation File with associated plans, photos and required documentation
Representing Joseph Guay
Public None
Discussion (3:27) Guay — He provided supplemental information to include a map. Reviewed the reasons for this request and the
supplemental information. Noted the ZBA recently granted a similar request on Somerset Road. The plan is for a 1 -story
in -fill of a notch at the mudroom and a 2 -story enclosure of a porch. This proposal is not creating an alteration which will
have a substantially negative impact on the character of the neighborhood.
Toole — The map doesn't support Mr. Guay's argument since this would end up with one of the largest percentage of
groundcover in the neighborhood.
Discussion about whether or not the increased ratio of groundcover would be consistent with the neighborhood.
Toole — We've been fairly consistent in not granting increases in groundcover.
Discussion about cases in which increased groundcover was granted and whether or not they constitute precedent for
this request.
Guay — Suggested granting the variance with the condition that there be no future requests for increased groundcover.
Discussion about whether or not the board could do that.
McCarthy — As she understands it, the 1992 variance was granted because the board had no choice; read the findings.
Toole — He's not inclined to grant the variance. New owners could come back asking for further increases.
Botticelli — If she were to vote for this, it would have to be conditioned that no further construction could take place
without ZBA approval. There are reasonable alternatives.
Discussion on how to proceed: deny, grant, continue.
Motion Motion to Approve the application for the 149 square feet increase in ground cover. (made by: O'Mara) (seconded
by: McCarthy)
Vote Not Carried unanimously
6. 23-18 Adam Ross and Emma Ross 50 Okorwaw Avenue Beaudette
Applicants are seeking to vacate and rescind prior relief by Variance granted pursuant to Zoning By-law Section 139-32 in order to
validate the lot as a nonconforming lot of record and a residential building lot. At the time the relief was granted, the 44,813 sq. ft. lot was
undersized for the LUG -2 zoning district in which it was situated. When the zoning was changed to LUG -1 in 2017, the lot became
conforming in all respects, rendering the need for relief obsolete. The Locus is situated at 50 Okorwaw Avenue, is shown on Tax
Assessor's Map 79 as Parcel 63, and as Lot 1 upon Plan No. 2012-82. Evidence of owner's title is recorded in Book 1375, Page 117 on file
at the Nantucket Registry of Deeds. The site is zoned Limited Use One (LUG -1).
Voting Toole, Botticelli, McCarthy, O'Mara, Mondani
Alternates Poor, Thayer
Discussion (4:00) No discussion at this time.
Page 3 of 4
Minutes for July 12, 2018, adopted Aug. 9
Motion Motion to Continued to August 9, this location. (made by: Mondani) (seconded by: O'Mara)
Vote Carried unanimously
1. 6-18
Todd D. Johnston & Lesley L. Johnston (Owners) and Christina Rohrbeck (Applicant) 3 Fulling Mill Road
REQUE T TO
WITHDRAW WITHOUT PREJUDICE
Applicant is seeking
Special Permit relief pursuant to Zoning Bylaw Section 139-33.A or, in the alternative Variance relief pursuant to
Section 159-32
for a waiver of the ground cover ratio provisions in Section 139-16. Specifically, Applicant proposes to add about 200
square feet of
ground cover to the dwelling. As a result of a zoning change from LUG -1 to LUG -3, the Locus became pre-existing non-
conforming a
to groundcover and lot size. The addition, which will be conforming as to all setback requirements, will increase the
current giound
cover from roughly 4.5% to 5%. The Locus is situated at 3 Fulling Mill Road, is shown on Tax Assessor's Map 27 as
Parcel 27 and
as Lot 24 upon Land Court Plan 14311-T. Evidence of owner's title is registered on Certificate of Title No. 17748 at the
Nantucket Coi
mty District of the Land Court. The site is zoned Limited Use General 3 (LUG -3).
Voting
Toole, Botticelli, McCarthy, Thayer, Mondani
Alternates
Poor
Discussion ( :1
None
Motion
Motion to Accept the Withdrawal without prejudice. JM/GT (made by: Mondani) (seconded by: Thayer)
Vote
Carried unanimously
OTHER
1. 1-1<xtion o1 Oihctrs
a. Cha' an
Tool — Fe
would be willing to consider staying on as Chair until Surfside Crossing 4B is done.
Mo n to
Nominate Ed Toole continue as Chair. (made by: O'Mara) (seconded by: Botticelh) Carried unanimously
b. Vice h
an:
Mo ' n t
Nominate Susan McCarthy as Vice Chair. (made by: Botticelli) (seconded by: Thayer) Carried unanimously
c. Cler
Mori n t
Nominate Lisa Botticelli as Clerk. (made by: McCarthy) (seconded by: Thayer) Carried unanimously
Motion to A oun L at 4:08 p.m. (made by: Mondani) (seconded by: Thayer) Carried unanimously,
Sources used lurir g the meeting not found in the files or on the Town website:
1. tes for May 10 & 24, and June 14, 2018
Submitted by
Terry L. Nortpn
Page 4 of 4