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Home My WebLink About2020-12-10 Need to scan again • ZBA Minutes for December 10,2020,adopted Jan. 14,2021 �'+_ 46.:_ ZONING BOARD OF APPEALS s f: 2 Fairgrounds Road ' Nantucket, Massachusetts 02554 2021 .i,N 1 5 C 2. 7 %two 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,December 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 1:07 p.m. and announcements made by Ms.McCarthy Staff in attendance: Eleanor Antonietti,Zoning Administrator;T. Norton,Town Minutes Taker Attending Members: McCarthy, O'Mara, Koseatac, Poor, Thayer, Mondani .Absent: Botticelli,Toole Adoption of the Agenda Motion Motion to Approve the Agenda. (made by: O'Mara) (seconded) Roll-call vote Carried 5-0//McCarthy,O'Mara,Koseatac,Thayer,and Mondani-aye I. APPROVAL OF MINUTES 1. November 12,2020 Motion Motion to Approve the Minutes of November 12,2020. (made by: Mondani) (seconded) Roll-call vote Carried 5-0//McCarthy,O'Mara,Thayer,Mondani,and Koseatac-aye II. OLD BUSINESS 1. 11-20 Peter J. Mackay&Alison Mackay and David P.Mackay&Anne M.Phaneuf,Tr.,Mackay/Phaneuf Family Trust 21 &25 Monohansett Road Alger REQUEST TO CONTINUE TO MAY 13,2021 Voting McCarthy, O'Mara, Koseatac,Thayer, Mondani .\lternates Poor Recused None Documentation File with associated plans,photos and required documentation Representing None Public None Discussion Not opened at this time. Motion Motion to Approve the request for a continuance to May 13,2021. (made by: O'Mara) (seconded) Roll-call vote Carried 5-0//McCarthy,O'Mara,Mondani,Koseatac,and Thayer 2. 23-20 Jeffrey R. Sayle And Katherine R.Sayle,Trustees,Tigertail Realty Trust REQUEST TO WITHDRAW WITHOUT PREJUDICE Voting O'Mara (acting chair),Koseatac,Thayer, Mondani Alternates None Recused McCarthy & Poor Documentation None Representing None Public None Discussion Mondani–Asked the effect of this. Antonietti – Marcus Silverstein will have to double back with them to ensure enforcement. Without prejudice means they can come back with a similar request.Withdrawal of the appeal implies they will comply. Motion Motion to Accept the withdrawal without prejudice. (made by: Mondani) (seconded) Roll-call vote Carried 4-0//O'Mara,Thayer,Mondani,and Koseatac-aye Page 1 of 3 ZBA Minutes for December 10,2020,adopted Jan. 14,2021 • 3. 25-20 Gunnar P.Wilmot 3 Summer Street Ilanlev Applicant is requesting Modification of relief by Special Permit pursuant to Zoning By-law Section 139-33.A. Specifically,. Appiucant proposes to alter and extend the dwelling,which is pre-existing nonconforming as to easterly side yard setback,by building an addition at the rear of the dwelling which will come no closer to the easterly lot line than the existing structure. In the alternative and to the extent necessary, Applicant requests relief by Variance pursuant to Section 139-32. The property is located at 3 Summer Street, shown on Assessor's Map 42.3.3 as Parcel 115 and as Lot 3 upon Land Court Plan 14466-C. Evidence of owner's title is registered on Certificate of Title No. 23275 at the Nantucket County District of the Land Court.The site is zoned Residential Old Historic ROH Voting McCarthy, Koseatac, Poor,Thayer, Mondani Alternates None Recused O'Mara Documentation File with associated plans,photos and required documentation Representing 'Marianne Hanley,Reade,Gullicksen,Hanley,&Gifford LLP Ethan Griffin,Gryphon Architects Public None Discussion 0::s Hanley — Summer Street Church provided consent to access their property during work; Mr. Griffin provided the construction protocols. Thayer—He is happy with the information provided. Antonietti—They have final Historic District Commission (HDC) approval. McCarthy—She has no further concerns. Koseatac—Satisfied with what was submitted. Poor—Page 31 of the packet,ZBA 1,the dimension for the new slab foundation is a little bizarre. Griffin—The property line angles and that is representative of the angle closest to the house. Plus-or-minus might have been a better way to show that. Poor—He would prefer a hard number that the enforcement officer can reference. Mondani—Has no concerns. Antonietti—Asked that the revised distance be sent for inclusion in the file. In the staff report, she has recommended conditions;read the conditions. Motion Motion to Approve the relief as requested with conditions as read. (made by: Koseatac) 'seconded Roll-call vote Carried 5-0//McCarthy,Koseatac,Thayer,Poor,and Mondani-aye Ill. NI;\\ BE SI NESS 1. 26-20 Jacqueline R. McCoy,Trustee,Savel Nom.Tr. 4-Pocomo Road Gifford Applicant is requesting relief by Variance pursuant to Section 139-32 for a waiver from the 3°0 ground cover ratio provisions of Section 139-16. Specifically, Applicant proposes to construct an addition to the priman- dwelling in order to house an elevator and mechanical room to enable a disabled family member. The ground cover ratio would increase from 2.9-0 o to roughly 3.05' as a result of the addition. The property is located at 47 Pocomo Road, shown on Assessor's Map 15 as Parcel 19 and as Lot 5 upon Land Court Plan 20689-D. Evidence of owner's title is registered on Certificate of Title No. 22538 at the Nantucket County District of the Land Court. The site is zoned Limited Use General Three (LUG-3). Voting McCarthy, O'Mara, Koseatac, Poor, Thayer .\ltcrnates Mondani Recused None Documentation File with associated plans,photos and required documentation Representing Whitney Gifford,Reade,Gullicksen,Hanley,& Gifford LLP Public None Discussion (i 11) Gifford—Presented the request. O'Mara—This meets our requirements for a variance owing to the disability situation. Koseatac—Same answer. Thayer—He agrees. Poor—This is a definite hardship case. Mondani—He concurs. McCarthy—Read the requirements for granting the variance. Motion Motion to Grant the relief as requested. (made by:Thayer) (seconded) Roll-call vote Carried 5-0//McCarthy,O'Mara,Koseatac,Thayer,and Poor-aye Page 2 of 3 ZBA Minutes for December 10,2020,adopted Jan. 14,2021 2. 27-20 7 Starbuck Court,LLC 7 Starbuck Court Dale Applicant is requesting relief by Special Permit pursuant to Zoning By-law Section 139-33.A(1). Specifically, the applicant proposes to change the use of a pre-existing non-conforming garage to a garage/studio.The garage is pre-existing nonconforming as to side yard setback.There will be no change in footprint or ground cover as a result of the change of use.The Locus,pre-existing nonconforming as to frontage, is situated at 7 Starbuck Court and is shown on Assessor's Map as Parcels 6 and 7 and as Lots A and D upon Land Court Plan No. 11898-B and as Lots 2 and 3 upon LCP No. 11898-C.Evidence of Owner's title is registered on Certificate of Title No. 2-8-4 at the Nantucket County District of the Land Court.The site is zoned Residential Old Historic (ROH). Voting McCarthy, O'Mara, Koseatac, Poor,Thayer, Alternates Mondani Recused None Documentation File with associated plans,photos and required documentation Representing Kevin Dale,Vaughan,Dale,Hunter,and Beaudette P.C. Mark Cutone,Mark Cutone Architecture Public None Discussion(Its) Dale-Presented situation leading to this request.They have a Certificate of Appropriateness from the HDC.The garage has been used as a studio for decades. An abutter wrote a letter of support, stating the conversion of the garage will preserve an interesting and historical structure. O'Mara-He has no concerns. Koseatac-He can't imagine there will be parking issues and sees no need for conditioning the approval. Thayer-No concerns. Poor-Asked if there is a fire safety requirement for the structure within the setback. Cutone-Current drawings accommodate the fire wall. Mondani-No concerns. Antonietti-Most of the work seems to be interior. Motion Motion to Approve the relief as requested. (made by:Koseatac) (seconded) Roll-call vote Carried 5-0//McCarthy,O'Mara,Koseatac,Thayer,and Poor-aye IV. OTIIER BUSINESS 1. Antonietti-Will send out pertinent Planning Board articles to the members.Also asked to be told who might be traveling and when in order to be able to get necessary signatures on decisions. V. ADJOURNMENT Motion Motion to Adjourn at 1:51 p.m. (made by:Koseatac) (seconded) Roll-call vote Carried 5-0//McCarthy,O'Mara,Koseatac,Mondani,and Thayer-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