HomeMy WebLinkAbout2018-12-13ZBA Minutes for December 13, 2018, adopted Jan. 10, 2019
ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
www.nantucket-ma.gov
N A N T U C :
TOWN C L R
2019 JAN I I AM 8: 08
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, December 13, 2018
Public Safety Facility, 4 Fairgrounds Road, Community Room —1:00 p.m.
Called to order at 1:10 p.m. and Announcements made.
Staff in attendance: Eleanor Antonietti, Zoning Administrator; Marcus Silverstein, Zoning Enforcement Officer, T. Norton, Town
Minutes Taker
Attending Members: Toole, McCarthy, Botticelli, O'Mara, Koseatac, Poor, Thayer, Mondani
Absent: None
Late Arrivals: Mondani, 1:24 p.m.
Early Departures: None
Agenda ado ted b unanimous consent
APPROVAL1. OF
1. October 11, 2018: Tabled by unanimous consent
2. November 8,2018: Motion to Approve. (made by: Botticelli) (seconded by: Koseatac) Carried unanimously
1. 19-18 ACK Crazy, LLC 9 West Chester Street Bencat
Applicant is requesting Special Permit relief pursuant to Zoning By-law Sections 139-30.A and 139-33.A in order to alter the pre-existing
nonconforming structure by demolishing the rear wing of the dwelling unit, renovating and/or replacing the existing foundation as
needed, and reconstructing the wing in substantially the same footprint. The structure will be no closer to the westerly side yard lot line
than the existing structure as a result of the proposed alterations, although there will be a vertical expansion within the setback. The
Locus, an undersized 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
on Plan Book 17, 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
zoned Residential Old Historic (ROH).
Voting Toole, McCarthy, Botticelli, O'Mara, Mondani
Alternates Poor, Thayer
Recused None
Documentation None
Representing None
Public None
Discussion Not opened at this time.
Motion Tabled by unanimous consent.
Vote N/A
2. 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, McCarthy, Botticelli, O'Mara, Mondani
Alternates Poor, Thayer
Recused None
Documentation File with associated plans, photos and required documentation
Representing Rick Beaudette, Vaughan, Dale, Hunter and Beaudette P.C.
Public Sarah Alger, Sarah F. Alger P.C., for the MacKay family
Peter MacKay, 25 Monohansett Road
David MacKay
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ZBA Minutes for December 13, 2018, adopted Jan. 10, 2019
Discussion (1:14)
Rick Beaudette, Vaughan, Dale, Hunter and Beaudette P.C. — Reviewed the request There was a condition in the initial
variance and a deed restriction regarding positioning of structures. ZBA wanted to know how the Select Board would
rule in granting a limited release from the restriction; they will hear this in January 2019. In 2017 the property became
LUG -1; which increased the ground cover. Asking for a continuance.
Toole — Asked about the limited release.
Beaudette — That is from the Select Board; he's asking for full release from ZBA. The Select Board has to grant any
release of the deed restriction.
Botticelli — She'd like to know why the restriction was placed on the property.
Alger — In June she heard the board say they wanted to know what the Select Board would say; that is happening in
January 2019. This restriction is important to her client. It was negotiated as part of the sales deal to build on the lot We
don't understand why the garage has to go into the restricted area when there is plenty of space for it elsewhere. The
garage in the proposed location would impinge on her client's privacy.
P.MacKay — We agreed to the yard sale with the understanding, with Director of Planning Andrew Vorce, that no
building would take place on the restricted area. This extension is for the sole purpose of asking that the Select Board
remove the restriction. He has more than ample space for the garage.
O'Mara — He wants to know why the garage must go in the back.
Beaudette — That restriction isn't in place for anyone else. Now that his client has the ground cover, he wants a garage.
The garage will be screened. Said he tried to get feedback from the MacKays numerous times before applying with no
response.
D.MacKay — The deed restriction is only 100 feet and to provide a buffer. The garage can be built in any other location.
P.MacKay — When Mr. Ross cleared the land, it was up to the boundary line. This is a question of doing what's right
Mr. Ross doesn't want it in front of his house where there's plenty of room.
O'Mara — We should wait for the Select Board decision.
Botticelli — She'd look more favorably on this if she could see reasons why it can't go anywhere else; would like to know
the locations of the wells and septic. This plan shows an open lot She also wants to know if it is a garage or
garage/ studio.
Discussion about whether to continue or vote; consensus wants to continue.
Toole — The Select Board decision might not govern the ZBA decision; we just want to know their ruling.
Antonietti — The Select Board will look at this on January 30, 2019. ZBA's next meeting after that is February 14, 2019.
Toole — Asked, if the Select Board released their rights, who does this run to.
Beaudette — Not asking the Select Board to release it, just change it.
Motion
Motion to Extend to March 15, 2019. (made by: O'Mara) (seconded by. Botticel i)
Vote
Carried 5-0
Motion
Motion to Continue to February 14, 2019. (made by: McCarthy) (seconded by_ O'Mara)
Vote
Carried 5-0
3. 41-18 William F. Hunter, Trustee, 281 Hummock Pond Nom. Tr. 281 Hummock Pond Road Dale
Applicants are seeking Special Permit relief pursuant to Zoning By-law Sections 139-30 and 139-2 in order to install an in -ground
residential swimming pool. The proposal meets the criteria in Section 139-2.A. The Locus has a lot area of 132,217 sq. ft, is situated at
281 Hummock Pond Road, is shown on Assessor's Map 83 as Parcel 41, and upon Land Court Plan 38977-A, as Lot 5 upon Land Court
Plan 15586-D, and as Lot 6 upon Land Court Plan 39297-B. Evidence of owner's title is registered on Certificate of Title No. 20820 at the
Nantucket County District of the Land Court. The site is zoned Village Residential (VR).
Voting Toole, McCarthy, Botticelli, O'Mara, Koseatac
Alternates Poor, Mondani
Recused None
Documentation File with associated plans, photos and required documentation
Representing Kevin Dale, Vaughan, Dale, Hunter and Beaudette P.C.
Steve Roethke, Steve M. Roethke Design
Public None
Discussion (1:40) Dale — This is a special permit for a swimming pool; they were asked to submit a landscaping plan; it will comply with
the proposed bylaw requiring a 20 -foot setback. Read the proposed conditions; these are the same as those imposed on
Madaket pools.
Toole — Asked about the erosion rate from the beach.
Dale — It's a stable beach. There have been no objections from neighbors.
Mondani — He hopes the plants will be native, non-invasive.
Motion Motion to Grant the relief subject to standard conditions. (made by: Botticelli) (seconded by: Koseatac)
Vote Carried 5-0
Page 2 of 6
ZBA Minutes for December 13, 2018, adopted Jan. 10, 2019
1. 45-18 Sankaty Head Golf Club 100 Sankaty Road Dale
Applicant is requesting modification of prior Special Permits and Variance relief to allow for construction of a 142 sq. ft restroom kiosk
on the fairway adjacent to the caddie camp pursuant to Zoning Bylaw Sections 139-33 and 139-32. The proposed structure and use are
accessory to the pre-existing nonconforming recreational facility use. The structure will meet all dimensional requirements of the Bylaw.
The Locus is situated at 100 Sankaty Road, is shown on Assessor's Map 49 as Parcel 163, and as Lot 1 on Land Court Plan 9548-C.
Evidence of owner's title is registered as Certificate of Title No. 1308 in the Nantucket County District of the Land Court The site is
zoned Limited Use General 3 (LUG -3).
Voting McCarthy, Koseatac, Poor, Thayer, Mondani
Alternates None
Recused Botticelli, O'Mara,
Documentation File with associated plans, photos and required documentation
Representing Kevin Dale, Vaughan, Dale, Hunter and Beaudette P.C.
John Cowden, General Manager
Public None
Discussion (1:46) Dale — Reviewed the request for special permit relief and/or modification of prior relief. Reviewed previous requests
regarding the caddy camp. This lot has a number of dwellings and so is non -conforming. This is for a 142 square feet
(SF) uni-sex bathroom to service the back nine holes and connected to the new septic that serves the caddy camp. The
Historic District Commission (HDC) Certificate of Appropriateness number is 71502
Motion Motion to Grant the relief as requested. (made by: Koseatac) (seconded by: Mondani)
Vote Carried 5-0
2. 46-18 TLJ Properties, LLC 18 Gladlands Avenue Alger
Appellant brings an appeal of a determination of the Zoning Enforcement Officer ("ZEO'), pursuant to M.G.L., c. 40A Sections 8 and
15 and Zoning By -Law Sections 139-29 and 139-31. Specially, Appellant requests that the Zoning Board of Appeals overturn the
decisions of ZEO, and to the extent necessary, Building Permit No. 1602-18 by making a determination that the unenclosed roof
connector of a pool cabana is excluded from ground cover pursuant to Section 139-2.A and that the ground cover of the subject cabana is
78 sq. ft. Appellant further requests that Building Permit Nos. 1602-18 and 1603-18 and their underlying applications be reformed to
reflect an accurate ground cover. The Locus is situated at 18 Gladlands Avenue, is shown as Assessor's Map 80 as Parcel 221, and as Lot
19 on Plan File 11-A. Evidence of owner's title is recorded in Book 1645, Page 288 on file at the Nantucket County Registry of Deeds.
The site is zoned Limited Use General 2 (LUG -2).
Voting Toole, McCarthy, Botticelli, O'Mara, Koseatac
Alternates Poor, Mondani
Recused Thayer
Documentation File with associated plans, photos and required documentation
Representing Sarah Alger, Sarah F. Alger P.C.
Public None
Discussion (1:51) Alger — Reviewed the reason for this appeal. She feels in this case the ZEO was in error. This is an unenclosed roof
connector with no structure underneath, just a bluestone patio, and it was included by the ZEO in the groundcover
calculation when the building permit was issued. When her client applied for the permit, he applied with the two sheds
counting as ground cover but not the unenclosed roof. The ZEO cdunts the entire structure as ground cover.
Poor — The benefit of the relief would give the applicant the opportunity to build another structure on the lot
Alger — The plans show a proposed 650 SF garage for the lot. We filed within the required 30 days. There is work
currently occurring on the property. If this is denied, he either can't build the garage or would have to revisit the design.
Silverstein — Reviewed the two cabana structures that were denied by the ZBA. Asked if this is for two 78 SF stand-
alone structures connected by the roof or a single cabana. He cannot see it as anything other than one structure on one
slab; without the roof you have a roofless bathroom and shower.
Botticelli — She thinks it is a single structure; explained why she believes that.
Poor — Agrees with Ms. Botticelli.
McCarthy — This reminds her of the one the board looked at on Eel Point Road.
Discussion about why the board views this as a single structure.
Silverstein — An open breezeway is a roofed connector between two structures; the definition needs to be tightened up.
Alger — She was told by PLUS that this sort of structure is why the bylaw amendment was made.
Toole — This looks like one roof.
Botticelli — This is one large roof with walls around the ends.
Alger — Asked for a continuance for one month. Wants to talk to her client. As a community of professionals, we need
to come to some agreement as to the intent of the bylaw.
Silverstein — Read the bylaw definition of an unenclosed porch. There is no definition of a connector.
Motion Motion to Continue to January 10, 2019. (made by: Botticelli) (seconded by: O'Mara)
Vote Carried 5-0
Page 3 of 6
ZBA Minutes for December 13, 2018, adopted Jan. 10, 2019
3. 47-18 RC Nosegay, LLC Zero Sankaty Road Benet
Applicant is requesting Special Permit relief pursuant to Zoning By-law Section 139-16.0 to reduce the 10' side yard setback to 5' or, in
the alternative, and to the extent necessary, to validate the As -Built siting of the dwelling as close as 6.5' on the north side and 9.4' on the
south side. Locus is situated at Zero Sankaty Road (f/k/a 5 Nosegay Lane), is shown on Assessor's Map 73.1.4 as Parcel 15.3, and as Lot
3 on Plan Book 20 Page 117. Evidence of owner's title is recorded in Book 1507, Page 103 on file at the Nantucket County Registry of
Deeds. The site is zoned `Sconset Residential 20 (SR -20).
Voting Toole, McCarthy, Botticelli, O'Mara, Koseatac
Alternates Poor, Mondani
Recused None
Documentation File with associated plans, photos, correspondence, and required documentation
Representing Juraj Bencat
Public None
Discussion (2:19) Bencat — Explained the reasons for the request for relief.
Botticelli — Asked if this is in an area where the 10 -foot setback can be reduced to 5 feet
O'Mara — He supports the walkout but not the shower.
Toole — There were complaints from the neighbors about this; one is that the privet is in Nosegay Lane, not on the
property, which we can condition to be corrected.
Antonietti — Spoke with the property owner to the north; she said she had a hand -shake agreement with the previous
owner for an outdoor shower and it was built without permits; the current owner wants to relocate it
O'Mara — He thinks there is complicity with the Building Department He doesn't know anyone who would intentionally
violate zoning.
Toole — The Building Department was given erroneous information; questions if it is the Building Department's
responsibility to vet a permit for errors. We have granted the 10 to five in this zone before, restricted to no further asking
for relief. Asked how the board feels about validating the as -built.
O'Mara — The walkout yes; the shower no.
Botticelli — She's okay as long as no further intrusion is validated; they should not ask for further relief- The window
wells don't require relief.
Toole — The parking isn't on the property and it should be.
Poor — Pointed out that if the ZBA validates the plot plan, the parking is being validated-
Discussion
alidatedDiscussion about whether or not parking should be validated; that isn't being asked for.
Toole — The reason I bring it up is that the neighbor specifically asked. Asked Ms. Antonietti to send the abutter an
email about the privet to suggest they go to the DPW.
Antonietti — Nosegay Avenue is a private way and the abutting property owners control to the midline.
Toole — So we will leave the privet alone.
Motion Motion to Grant the relief as requested with the condition to show two parking spaces on the property. (made
by: Koseatac) (seconded by: McCarthy)
Vote Carried 5-0
4. 48-18 Scott T. O'Connor 2 Hussey Street Wilson
Applicant is seeking Special Permit relief pursuant to Zoning By-law Section 139-33.A in order to alter and extend the pre-existing
nonconforming dwelling, the rear elevation of which is sited within the 5' rear yard setback Specifically, applicants propose to enclose
areas under existing roofs to build small additions and to construct a pergola. While the alteration consists of an expansion and extension
within the southerly rear setback, the resulting expanded structure will be no closer to the rear yard lot line than the existing dwelling.
Locus is situated at 2 Hussey Street, is shown on Assessor's Map 42.3.1 as Parcel 119, and as Lot 2 on Plan Book 16 Page 34. Evidence of
owner's tide is recorded in Book 1291, Page 206 on file at the Nantucket County Registry of Deeds. The site is zoned Commercial
Downtown (CDT).
Voting McCarthy, O'Mara, Koseatac, Poor, Thayer
Alternates None
Recused Toole, Botticelli, Mondani
Documentation File with associated plans, photos and required documentation
Representing Michael Wilson, attorney
Public None
Discussion (2:41) Wilson — Explained the reasons for the request for relief with no change to the footprint; there is ample ground cover
available and results in no net change to the neighborhood. At one point this had two dwelling units in it; the change to a
single-family dwelling has been accomplished. Zero setback on the front and side.
O'Mara — Everything proposed seems to be allowed except for the front expansion, which is enclosing a roofed area-
Motion
reaMotion Motion to Approve with imposition of the exterior construction moratorium from Memorial Day weekend to
Labor Day weekend. (made by: Koseatac) (seconded by: O'Mara)
Vote Carried 5-0
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ZBA Minutes for December 13, 2018, adopted Jan. 10, 2019
5. 49-18 Richard W. Snowdon and Catharine E. Snowdon 11 Massachusetts Avenue Brescher
Applicants are seeking Special Permit relief pursuant to Zoning By-law Section 139-33.A in order to either demolish and reconstruct or
alter the pre-existing nonconforming dwelling, portions of which are sited within the side and front yard setbacks. The resulting altered
and expanded dwelling will be compliant as to all dimensional requirements of the By-law except as to front yard setback where a
proposed addition will be no closer than the existing structure to the front yard lot line and a there will be a 2' increase in height within
the front yard setback. The Locus is situated at 11 Massachusetts Avenue, is shown on Assessor's Map 60, Parcel 80, and as Lots 16-19 in
Block 29, Lots 16-19 in Block 30, and as unregistered land lying north of said Lots, upon Land Court Plan 2408-Y. Evidence of owner's
title is registered on Certificate of Title No. 27051 at the Nantucket County District of the Land Court and recorded in Book 1291, Page
206 on file at the Nantucket County Registry of Deeds. The site is zoned Village Residential (VR).
Voting Toole, McCarthy, Botticelli, O'Mara, Koseatac
Alternates Poor, Thayer, Mondani
Recused None
Documentation File with associated plans, photos and required documentation
Representing John Brescher, Glidden & Glidden
Jeff Blackwell, Blackwell & Assoc.
Public None
Discussion (2:50) Brescher — Explained the reasons for the request for relief. They have a Notice of Intent filed with the Conservation
Commission; there is no chance of moving the house back due to the wetland buffer.
Poor — Asked if there is HDC approval to demolish and reconstruct.
Brescher — He believes they have. There is a proposed single -car garage. The septic and parking are on the lot across the
street, which they own.
Antonietti — They are asking for relief for alteration of a pre-existing nonconforming structure with an increase of height
within the setback.
Botticelli — Asked if they are required to raise it out of the ground to comply with flood zone.
Blackwell — He put together information about the flood zone. The building is partially in the A zone and required to
come up about 9.5 inches. The existing l't-floor elevation is 9.4 and must go up to 10.2.
Toole — He's more comfortable with granting the relief per Mr. Blackwell's plans, which have the threshold elevation.
Asked if it makes sense to certify the finished floor height.
Poor — The Conservation Commission will require that.
Blackwell — Asked the ZBA to accommodate real-world imperfections so that people aren't coming back to the ZBA
for a fraction of an inch difference.
O'Mara — There is something in the bylaw that provides the right, if you have the shape delineated after the foundation
is in. Once the foundation is in, you wouldn't know the run on the exterior stairs relative to the setback.
Motion Motion to Grant the relief as requested with the finished 1st -floor elevation pegged at elevation 10.2. (made by:
Koseatac) (seconded by: McCarthy)
Vote Carried 5-0
6. 50-18 Milton C. Rowland and Roberta M. Rowland 2 Cottage Court Brescher
Applicants are seeking Special Permit relief pursuant to Zoning By-law Section 139-33.A in order to construct a 27 sq. ft. addition to
connect the pre-existing, nonconforming shed and garage, both sited as close as 0.1' from the easterly lot line where required side yard
setback distance is 5'. Applicant further seeks approval of a change of use of the proposed merged structure into either a secondary
dwelling or garage/studio. While the alteration consists of an expansion within the easterly side yard setback, the resulting single structure
will be no closer to the side yard lot line than the existing structures. The Locus is situated at 2 Cottage Court, is shown on Assessors
Map 55.4.1 as Parcel 91, and as Lot 3 on Plan Book 15 Page 68. Evidence of owner's title is recorded in Book 1632, Page 92 on file at the
Nantucket County Registry of Deeds. The site is zoned Residential Old Historic (ROH).
Voting Toole, McCarthy, Botticelli, O'Mara, Koseatac
Alternates Poor, Thayer, Mondani
Recused None
Documentation File with associated plans, photos, correspondence, and required documentation
Representing John Brescher, Glidden & Glidden
Public None
Discussion (3:11) Brescher — Explained the reasons for the request for relief. The plans were approved by the HDC; there are letters in
opposition and one in support. Read Mr. Rowland's letter into the record.
Discussion about the notion of either a second dwelling or a garage/studio. Conversion to a dwelling would require fire-
proofing the exterior wall of the shed and it would have to meet parking requirements.
Botticelli — We should know the construction methodology, precise use, and scope of construction.
Motion Motion to Continue to January 10, 2019. (made by: Koseatac) (seconded by: Botticelh)
Vote Carried 5-0
Page 5 of 6
ZBA Minutes for December 13, 2018, adopted Jan. 10, 2019
OTHER
1. None
ADJOURNMENTV.
Motion to Adjourn at 3:25 p.m. (made by: Koseatac) (seconded by: O'Mara) Carried unanimously
Sources used during the meeting not found in the files or on the Town website:
1. None
Submitted by:
Terry L. Norton
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