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Home My WebLink About2020-01-9 ZBA Minutes for January 09,2020,adopted Feb. 13 /a•1p ttUCIre ZONING BOARD OF APPEALS ~ 2 Fairgrounds Road NaatatetiiNfasask-t2 b2554 tfilm = www.nantucket-ma.gov Commissioners:Susan McCarthy(Chair),Lisa Botticelli(Vice chair),Ed Toole(Clerk),Michael J.O'Mara,Kerim Koseatac Alternates:Mark Poor,Geoff Thayer,Jim Mondani — MINUTES — Thursday,January 09,2020 Public Safety Facility,4 Fairgrounds Road,Community Room–1:00 p.m. Called to order at 1:01 p.m.and Announcements made. Staff in attendance: Eleanor Antonietti,Zoning Administrator;T.Norton,Town Minutes Taker Attending Members: McCarthy,Took,Koseatac,Poor,Thayer,Mondani Absent: Botticelli, O'Mara A.enda adoted by unanimous consent I. APPROVAL OF MINUTES 1. December 12,2019:Held by unanimous consent. II. OLD BUSINESS 1. 18-19 Peter L O'Brien and Natalia V.O'Brien 36 Low Beach Road Cohen REQUEST TO WITHDRAW WITHOUT PREJUDICE VOting McCarthy,Toole,Koseatac,Poor, Mondani Alternates Thayer Motion Motion to Accept the Withdrawal without prejudice. (made by:Toole) (seconded by:Mondani) Vote Carried 5-0 III. NEW BUSINESS 1. 01-20 Jill A.Araujo 40 Hooper Farm Road Reade Applicant seeks to Modify Variance,granted in File No.030-10 to allow applicant and former spouse to divide their property into two lots, by removing conditions which prohibit additional ground cover and a secondary dwelling. Locus is conforming as to ground cover ratio having 1,646 sq. ft. of ground cover where maximum allowable would be 25%of lot area(10,000 sq.ft)or 2,500 sq.ft The Locus is situated at 40 Hooper Farm Road,shown on Assessor's Map 67 as Parcel 272,and as Lot 1 upon Plan No.2010-37.Evidence of owner's title is recorded in Book 1302,Page 147 on file at the Nantucket County Registry of Deeds.The site is zoned Residential 10 (R-10). Voting McCarthy,Toole,Koseatac,Thayer,Mondani Alternates Poor Recused None Documentation File with associated plans,photos and required documentation Representing Arthur Reade,Reade,Gullicksen,Hanley,&Gifford LLP Public None Discussion Reade – Parallels another recent application; explained the circumstances behind the request. In 2010 decision, conditions were set for no additional ground cover and no secondary dwelling without ZBA approval;those restrictions were removed from the husband's lot fronting Hull Lane and we are now asking for same modification to remove the conditions as they pertain to this lot. Toole–This lot meets zoning but has this existing condition.The groundcover issue didn't materially change from one lot to the split to two lots. He thinks the original discussion was about creating an undersized lot;the quid ptv quo was no more groundcover. Mondani–We approved it on the smaller lot;doesn't see how this is different when it's a conforming lot. McCarthy–Agrees with Mr.Mondani. Motion Motion to Approve as requested. (made by:Koseatac) (seconded by:Mondani) Vote Carried 4-1//Toole opposed Page 1 of 2 ZBA Minutes for January 09,2020,adopted Feb. 13 2. 02-20 Nicole Gross and Karl Gross 72 Cato Lane Beaudette Applicants seek a Special Permit pursuant to Sections 139-30 and 139-16.0 of the Nantucket Zoning By-Law, to validate an unintentional set back intrusion with the siting of a solar hot water heater into the required 10' side yard set-back. In the alternative, Applicants request relief by Variance pursuant to Section 139-32 of the By-Law from the setback provisions of Section 139-16-A.The Locus is situated at 72 Cato Lane, shown on Assessor's Map 66 as Parcel 457, and as Lot 2 upon Plan No. 2008-21. Evidence of owner's title is recorded in Book 1152,Page 103 on file at the Nantucket County Registry of Deeds. The site is zoned Residential 10 (R-10). Voting McCarthy,Toole,Koseatac,Poor, Mondani Alternates Thayer Recused None Documentation File with associated plans,photos,correspondence,and required documentation Representing Richard Beaudette,Vaughan,Dale,Hunter&Beaudette,P.C. Public None Discussion(1:11) Beaudette — Explained the circumstances behind this request. MGL (Massachusetts General Law) Provisional 40A prohibits unusually restricting installation of solar systems and Marcus Silverstein, Zoning Enforcement Officer (ZEO) agreed;the building inspector did not. McCarthy — Mr. Silverstein's email encouraged not putting in the setback but recognizes that this positioning was necessary. Beaudette —There were a number of locations this could have gone but the contractor placed this in the most logical place. Toole — The owner asked permission multiple times and received approval from the ZEO. He'd have a problem granting this if they hadn't sought permission from Mr.Silverstein. Mondani—He's a little concerned we might be re-adjudicating this. He thinks Mr. Silverstein would say the ZBA didn't have to do anything. Antonietti—She spoke with the Building Inspector;he felt that he couldn't approve it by default. Thayer—If this were new construction being placed in the setback,he would say no.That's not the case here. McCarthy—She's willing to reduce the setback but with conditions. Antonietti—When validating,you are validating no more than 8.27'from the property line. Toole—He wants it to reference the validation is for the solar unit only with no other intrusion permitted. Thayer — Asked that the Building Department and ZEO get together and come to an agreement that prevents these requests in the future. Motion Motion to Grant the relief conditioned that it is for the solar only. (made by:Toole) (seconded by:Koseatac) Vote Carried 5-0 I\ . O III! It Itl Si'[SS 1. 051-03 Rugged Scott a/k/a Beach Plum 40B Holland /Posner/Haverty DISCUSSION of implementing policy in fulfillment of obligation to allow abutting property owners non-resident family membership privileges and access to the common amenities(Clubhouse/Pool/Lawn/Tennis Court Facility)in Beach Plum Village,as per provisions in Section 3.2(o) regarding Management Issues in the original Comprehensive Permit and Section 9 of the"Settlement Agreement". NO NEW INFORMATION HAS BEEN RECEIVED. V. AD OURNMENT Motion to Adjourn at 1:35 p.m. (made by:Mondani) (seconded by:Toole)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 2 of 2