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Home My WebLink About2020-9-10 • ZBA Minutes for September 10,2020,adopted Oct. 15 N A N T U C .,1,p ZONING BOARD OF APPEALS TOWN C L E 'f.rillit Alo ' 2 Fairgrounds Road 2 2O OCT 16 AM 9. 47 �' Nantucket,Massachusetts 02554 , = 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,September 10,2020 This meeting was held via remote participation using ZOOM and YouTube, Pursuant to Governor Baker's March 12, 2020 Order Regarding Open Meeting Law Called to order at 1:00 p.m.and announcements made by Ms.McCarthy. Staff in attendance: Eleanor Antonietti,Zoning Administrator;Holly Backus,Preservation Planner Attending Members: McCarthy,Botticelli, O'Mara, Koseatac,Poor,Thayer, Mondani Absent: Toole Early Departures: Eleanor Antonietti replaced by Holly Backus at 1:43 p.m. Adoption of Agenda Motion Motion to Adopt the agenda. (made by:O'Mara) (seconded) Roll-call Vote Carried 5-0//McCarth ,Botticelli,O'Mara,Koseatac,and Tha er-a e I. \PIIU) :\I. OF MINUTES 1. August 13,2020 Motion Motion to table for the October 15th meeting. (made by:Koseatac) (seconded) Roll-call Vote Carried 5-0//McCarthy,O'Mara,Koseatac,Poor,and Mondani-aye II. OLD BUSINESS 1. 066-00 Frederick C.Tilton&Kerry E.Tilton 5 ICinikinnik Way Swain The Applicants seek a determination that a proposed modification to the Comprehensive Permit,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 for which applicants seek approval consists of relocating a driveway. The Locus is situated in the Abrem Quary ' 40B,is known as 5 Kinikinnik Way,is shown on Assessor's Map 80 as Parcel 421, and as Lot 6 upon Plan No 2006-90. Evidence of owner's title is recorded in Book 1105, Page 203 on file at the Nantucket Registry of Deeds. The site is located in the Limited Use General One(LUG-1)zone. Voting McCarthy,Botticelli,O'Mara,Koseatac I Alternates Poor,Thayer,Mondani Recused None Documentation File with associated plans,photos and required documentation Representing Brian Swain Kerry Tilton Public None Discussion(1:14) Swain —This is a request for determination that the relocation of the driveway is an insubstantial modification to the Comprehensive Permit; explained the relocation. Read definitions for Substantial Modification and Insubstantial Modification. The homeowners' association (HOA) can waive their requirements once this request is determined to be insubstantial. McCarthy — Last month we talked about the location of the driveway; our role is to determine whether or not it is insubstantial.From the as-builts,the proposed relocation site is across from a driveway at 28 Field Avenue;if that is true, that needs to be addressed by the HOA. Botticelli—It looks like there is a driveway where this is proposed. Clarification on the proposed location for the new driveway. McCarthy—It looks like it will slightly overlap the driveway across the road. Mondani—Ensured this ruling would apply to this lot only. Motion Motion to Confirm this is an insubstantial modification and authorize Ms. McCarthy to sign the memorandum memorializing the decision. (made by:Botticelli) (seconded) Roll-call Vote Carried 5-0//McCarthy,Botticelli,Mondani,Koseatac,and Poor-aye 2. 09-20 Timothy E.Quinlisk&Elizabeth A.Quinlisk 88 Quidnet Road Alger Applicants are seeking Special Permit relief pursuant to Zoning By-law Sections 139-30 and 139-33.A(1) to alter,extend,and change a structure,which is pre-existing nonconforming as to side yard setbacks, situated on a lot which is pre-existing nonconforming as to lot size and frontage.As proposed,the pre-existing nonconforming setback distances will not be made more nonconforming.The Locus is situated at 88 Quidnet Road,is shown on Assessor's Map 21 as Parcels 109, 104,&70,as Lots 5&6 upon Land Court Plan 8606-A and Page 1 of 3 ZBA Minutes for September 10,2020,adopted Oct 15 Lot 33 upon LCP 8606-B. Evidence of owner's title is registered on Certificate of Title No. 26998 at the Nantucket County District of the Land Court.The site is zoned Residential Twenty(R-20). Voting McCarthy,O'Mara, Koseatac,Poor,Thayer Alternates Mondani Recused Botticelli Documentation File with associated plans,photos and required documentation Representing Sarah Alger,Sarah F.Alger P.C. Public None Discussion(1:25) Alger—Reviewed the request. She submitted revised plans reflecting the Historic District Commission(HDC)approvaL Location and shape of the structure are constrained due to wetland issues. Antonietti—Per the HDC,the porch and deck are no closer than 5.5 feet to the lot line; that is less than the basement access.We are not dealing with vertical massing on the porch. Thayer—He has no issues with this and would be inclined to approve it. Motion Motion to Approve the relief as requested.(made by:Thayer) (seconded) Roll-call Vote Carried 4=1//McCarthy,O'Mara,Poor,and Thayer-aye;Koseatac-nay 3. 11-20 Peter J.Mackay&Alison Mackay and David P.Mackay&Anne M.Phaneuf,Tr.,Mackay/Phaneuf Family Trust REQUEST TO CONTINUE to December 10,2020 21 &25 Monohansett Road Alger Voting McCarthy,Botticelli,O'Mara,Koseatac,Mondani Alternates Poor,Thayer Discussion(1:32) None Motion Motion to Continue to December 10,2020. (made by:Botticelli) (seconded) Roll-call Vote Carried 5-0//McCarthy,Botticelli,O'Mara,Koseatac,and Mondani-aye III. \I:\\ lit 1. 18-20 Catherine H.Cozens&Timothy M.Soverino 6&8 Trotters Lane Brescher Applicants request relief by Variance pursuant to Zoning Bylaw Section 139-32 for a waiver from the intensity regulations in Section 139-16 and,to the extent necessary,Special Permit relief pursuant to Section 139-33.A.Applicants propose relocation of the interior lot line between their respective pre-existing nonconforming lots to allow 6 Trotter's Lane to have the benefit of the existing garage apartment.Specifically,the nonconforming lot areas are being swapped from 6 Trotter's Lane to 8 Trotter's Lane.As a result of the land swap,the existing structures will meet the applicable intensity regulations and the existing shed will either be razed or relocated so as to comply with the R-10 intensity regulations.The properties are situated at 6&8 Trotters Lane,shown respectively on Assessor's Map b- as Parcels 134& 135,and as Lot 19 upon Plan Book 16,Page 33 and upon Plan Book 23,Page 23.Evidence of owners'title is recorded in Book 290,Page 79 and Book 568,Page 310 on file at the Nantucket Registry of Deeds.The site is zoned Residential Ten(R-10). Voting 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 P.C. Tim Soverino,owner Michael Connelly Public None Discussion(1:35) Brescher— Provided an overview of the application; the end result lessens the non-conformity. Explained why Lot 6 doesn't require a special permit;lot 8 doesn't qualify for a special permit. Mondani—Asked why they are creating another lot. Brescher—They are not creating another lot; the purpose of the 3rd site plan is to show the area being swapped. This just conveys the lot line from existing to proposed.The shed p po on the lot line would be removed or relocated. Mondani—He's concerned that Lot 1 hangs out there. Soverino—The intermediate plan is to show something to convey to 6 Trotters Lane. We need to go to the Planning Board for this. Brescher—In theory,the conveyance from 6 to 8 and convey ownership of 8 to the son are happening simultaneously. McCarthy—Her concern is that if the ownership gets held up,the land will be transferred to 6 and there is not extra lot line/lot.There might be unintended consequences. Mondani—We are creating a soil-shaped topography issue.This makes sense to him. McCarthy — She's also concerned about creating additional building opportunity on either lot; we can restrict further construction by requiring they apply for a permit. Botticelli—The groundcover ratio is not legible on the plans. Lot 8 will not be conforming as to frontage, but Lot 6 becomes more conforming.She'd like to know if there is a way to improve 8 a little more. Brescher—There is only 122 feet of frontage and we need 106;we can't solve the frontage issue. O'Mara — If the shed, which the sits on the proposed property line, were razed, it would reduce groundcover by 150 sq.ft.It has to be moved one way or another before a bank loans money. McCarthy—Understands the substantial hardship of losing the garage; doesn't think it is a substantial detriment to the neighborhood and it does not substantially conflict with the bylaw. Page 2 of 3 ZBA Minutes for September 10,2020,adopted Oct. 15 Poor—He'd be more in favor of the lot line were not skewed so much and increased the area of Lot 2. Botticelli—Thinks any effort to improve the frontage of Lot 2 would be good. Brescher—Asked if it would be okay to sacrifice the lot area in order to improve the frontage.We wanted to show that the swap resulted in no change to the areas of the lots. McCarthy— She would feel comfortable with that. She appreciates the logic of keeping the area the same;but if it had come in with the proposed frontage,she wouldn't have a concern about changing the lot area. O'Mara—He's ready to vote but questions if we are voting twice. Brescher—Need a vote on a variance for Lot 8. Mondani—He wants the area for Lot 2 not to change. Motion Motion to Grant the variance as requested for 8 Trotter Lane. (made by:Koseatac) (seconded) Roll-call Vote Carried 5-0//McCarthy,Botticelli,O'Mara,Koseatac,and Mondani-aye 2. 19-20 Hale Everets 46 Monomoy Road Alger The Applicant is seeking relief by Special Permit pursuant to Zoning By-law Sections 139-30 and 139-33.A to remove and reconstruct any or all of the pre-existing nonconforming dwelling or any portion thereof in excess of the permitted 7% ground cover ratio. Specifically,Applicant proposes to demolish all or portions of the existing dwelling to allow for new construction and/or additions with the ability to retain the pre-existing nonconforming ground cover ratio of up to 12.95%. To the extent necessary, Applicant further requests modification of prior Special Permit relief granted in 1984 and 1988. Locus, pre-existing nonconforming as to lot area, is situated at 46 Monomoy Road shown on Assessor's Map 54 as Parcel 71,as Lot E upon Land Court Plan 14029-A.Evidence of owner's title is registered on Certificate of Title No. 27608 at the Nantucket County District of the Land Court.The site is zoned Limited Use General One(LUG-1). Voting McCarthy,Botticelli,Poor,Thayer,Mondani Alternates None Recused O'Mara,Koseatac Documentation File with associated plans,photos and required documentation Representing Sarah Alger,Sarah F.Alger P.C. Public None Discussion(2:19) Alger—Provided an overview of the application.We have HDC approval. Botticelli—It isn't clear what is being demolished,"any and all"is too vague.Doesn't see an HDC demolition plan. Alger—The HDC site plan indicates the small areas of demolition. Poor—Packet page 206 on the left shows a 1-story appendage being replaced by an open porch and upper deck. McCarthy—We can state in our decision, "as noted in the HDC plans." We don't want to grant a special permit and have them go back to HDC to get changes we didn't look at. Alger—We're okay having the decision tied to the HDC approved plans. Thayer—We give this type of relief pretty regularly.He has no issues. Alger—This would be subject to conditions on two existing special permits. Botticelli—She doesn't have an issue with this. Motion Motion to Approve relief as requested. (made by:Thayer) (seconded) Roll-call Vote Carried//McCarthy,Botticelli,Poor,Thayer,and Mondani-aye IV. OTHER BUSINESS 1. Election of officers a. Chairman b. Vice Chairman c. Clerk Motion Motion to keep the officers as is.(made by:Koseatac) (seconded) Roll-call Vote Carried//Poor,McCarthy,O'Mara,Mondani,Koseatac,Thayer and Botticelli-aye V. AD OU RNMENT Motion Motion to Approve at 2:38 p.m. (made by:Koseatac) (seconded) Roll-call Vote Carried unanimously//McCarthy,Botticelli,O'Mara,Koseatac,Poor,Thayer,and Mondani-aye 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 i