The URL can be used to link to this page

Home My WebLink AboutMarch 11, 2021 ZBA Minutes for March 11,2021,adopted May 13 ZONING BOARD OF APPEALS . 2 Fairgrounds Road [ �� '1'`: _ t ,1• n, r ' Nantucket, Massachusetts 02554 Syc09P ��'_ www.nantucket-ma.gov Commissioners: Susan McCarthy (Chair),Lisa Botticelli(Vice chair),lid Toole (Clerk), Michael j. O'Mara.Kram Kn>ra:ac Alternates:Mark Poor,Geoff Thayer, Jim Mondani — MINUTES ~ Thursday,March 11,2021 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;T.Norton,Town Minutes Taker Attending Members: McCarthy, Botticelli,Toole, O'Mara,Koseatac,Poor,Thayer, Mondani late :Arrivals: O'Mara, 1:20 p.m. :Agenda adopted by unanimous consent Motion Motion to Approve as drafted. (made by:Botticelli) (seconded) Roll-call vote Carried 5-0//Botticelli,Toole,Koseatac,Poor,and Mondani-ave I. APPROVAL OF MINUTES 1. I ebruary 11,2021 Motion Motion to Hold for next month. (made by:Botticelli) (seconded) Roll call vote Carried 5-0//Botticelli,Koseatac,Poor,Mondani,and Thayer-aye II. OLD BUSINESS 1. 11-20 Peter 3.Mackay&Alison Mackay and David P.Mackay&Anne M.Phaneuf,Tr.,Mackay/Phaneuf Family Trust CONTINUED TO MAY 13,2021 21 &25 Monohansett Road Alger III. NEW BUSINESS 20 Miacomet Road \y'aickowski 1. 04-21 Anton j.Mello,Tr.,Mello Realty Trust _Applicant seeks relief by Special Permit pursuant to Zoning By-law Section 139-16.C(2) to validate an unintentional setback intrusion. 'Hie subject barn structure was sited and built based on measurements taken from a reasonably licensed survey after 1990 and is not greater than 5 feet into the required rear yard setback and is not closer than 4 feet from the rear yard lot line. In a district where minimum rear yard setback is 15 feet, the barn is as close as 11.7 feet from the rear yard lot line. The Locus is situated at 21 \hacomet Road,is shown on Assessor's Map 67 as Parcel 336.2,and as Lot 4 on Plan Book 23,Page 81.Evidence of owner's title to is recorded in Book 1446,Page 283 on file at the Nantucket County Registry of Deeds.The site is zoned Limited Use General Two (LUG-2,. Voting Botticelli,Toole,Koseatac,Poor, Mondani :Alternates "Thayer Recused N one Documentation File with associated plans,photos and required documentation Representing Robert Waickowski,Attorney for 20 1liacomet Road Jeff Blackwell,Blackwell&Assoc. Public None Discussion Waickowski — Situating the barn, being 11 feet from the rear-yard setback where the zoning requires 15 feet, is the reason for the request.This is an unintentional intrusion into the setback. Blackwell—We staked the buildings on the property in this location. Toole—Asked for an explanation of how this happened. Blackwell—There was confusion by a staff member about the Massachusetts Endangered Species Act (MESA, setback versus the zoning setback. He didn't catch that error until the foundation was in place. The MESA limit of work on the base plan was filed with MESA. Toole — The applicant had asked permission to cut within 10 feet and that somehow became confused as the zoning setback. Thayer—It sounds like it was a mistake. Toole—There should be language that granting the relief doesn't allow further intrusion. Antonietti—The condition would be no further intrusion into the setback without further approval from the Board. \lotion Motion to Grant the relief with no further intrusion into the setback without ZBA approval. (made by: Botticelli) (seconded) Roll-call vote Carried 5-0//Botticelli,Toole,Koseatac,Poor,and Mondani-aye Page 1 of 2 ZB \ Minutes for March 11,2()21, adopted May 13 2. (15 21 Richard P.Beaudette,Tr.,A\'estwind Nom. Tr. Applicant tlicant is requesting� � 8 Isobel- Way p 1 g \lodification of prior relief by Special Permit granted in bile No. 55-o4 pursuant TO %onmg Ii la �ec ((:(2) in order to validate the siting of the subject garage structure 34.2- feet from the front Lard Int line where minim am :r, setback is 35 feet. Specifically, the applicant proposes to change the use of the garage to a studio. There will be no change in fo,--r.--• ground cover as a result of the change of use. The Locus is situated at 8 Isobel's Way, is shown on _7sessor's `,lap 45 as Parce; as I,ot 2 on Plan File 12-F. Evidence of title is recorded in Book 1740, Page 284 on file at the Nantucket C Dunn- Registn- of L site is zoned limited Use General Three(LUG-3). Voting McCarthy, Botticelli, Toole, O'Mara, Koseatac Alternates Poor, Thayer, Mondani ]accused N one Doc trruentatron Dile with associated plans,photos and required documentation Representing Richard Beaudette, Vaughn,Dale,Hunter,Beaudette, and Swain P.C.• owner Public None I)tscussion Beaudette — This is to request a change of use of the garage, which intrudes into the setback by less than owner received a permit for that intrusion. There is a note on the plan showing pool equipment at the luck of-r.t a-aye: the pool will probably be constructed in the future. Discussion about the prior decision granting the intrusion into the setback. Took—.Asked if the building height is increasing. Antonietti--It says no change. Botticelli--Confirmed the outdoor shower and decking won't be in the setback. McCarthy The studio is a permitted use;the special permit is a "housekeeping'change. Toole—If they aren't changing the footprint,asked the reason the Zoning Enforcement Officer bounced this. Antonietti—Change of use of a non-conforming structure. Toole—I Ie thinks the pool equipment goes into the setback; that could be a problem. Botticelli -- On page 16 of the Staff Report, there is plan showing a small pool and the outdoor shove- equipment are off the setback; that can be conditioned not to be in the setback. Antonietti—They aren't asking for any improvements aside from change of use; if they want to do anything else- _:; another application. McCarthy—The only thing they are asking for is the change of use; the confusion is the shed is sometimes c<IIe3 as a garage. We can add a condition saying the siting of the shed as it is today with no additional setback intrusion. Antonietti—Page 11 of the Staff report shows Art Gasbarro's,Nantucket Engineering& Survey_plan. Discussion and clarification about the shed and where pool equipment is going and it not being in the seti,acl_- Toole—_Asked to include,in the motion,moving the 167sf shed out of the setback. Beaudette—The l 6?sf shed has been in that location since 1994. McCarthy—Read theZB_A decision,paragraph 5,as recorded with the Deed on September 13 20„_,4 Motion Motion to Grant the change of use and with no further setback intrusion without further relief from the Board. (made by:Botticelli) (seconded) Roll call vote Carried 5-0//McCarthy,Botticelli,Toole,Koseatac, and Poor-aye IV. OTHER BUSINESS 1. Antonietti—She will be on leave starting next Wednesday and hopes to be back in time for the_April meeting. V. AD OURNMENT Motion Motion to Adjourn at 1:46 p.m. (made by:Botticelli) (seconded) Roll call vote Carried 5 0//McCarthy,Botticelli,Toole, O'Mara,and Koseatac-ave sources used during the meeting not found in the files or on the Town website: I. None Submitted by: Terry 1.. Norton Page 2 of 2