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Home My WebLink About2016-9-8Minutes for September 8, 2016, adopted Sept. 20 /p� s N�11`iTUCKE ! ZONING BOARD OF APPEALS TOWN C L E R K 2 Fairgrounds Road Nantucket, Massachusetts 02554 2016 SEP 21 AM 8:53 www.nantucket- ma.gov 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, September 8, 2016 Public Safety Facility, 4 Fairgrounds Road, Community Room —1:00 p.m. Called to order at 1:03 p.m Staff in attendance: Eleanor Antonietti, Zoning Administrator; Attending Members: Toole, McCarthy, O'Mara, Koseatac, Poor, Thayer, Mondani Absent: Botticelli Late Arrivals: None Early Departures: None _Agenda adopted by unanimous consent APPROVAL 1. 1. August 11, 2016 Approved by unanimous consent 1. 04 -16 Donald J. Mackinnon, Trustee of Nantucket 106 Surfside Realty Trust — a /k /a SURFSIDE COMMONS 40B 106 Surfside Road -Mackinnon / Schwartz REQUEST FOR WITHDRAWAL WITH PREJUDICE Voting Toole, McCarthy, O'Mara, Koseatac Alternates Poor, Mondani Recused Thayer Documentation File with associated plans, photos and required documentation Representing None Public None Discussion None -Motion Motion to Approve the Withdrawal with Prejudice (made by: Koseatac) (seconded by: O'Mara ) Vote Carried unanimously 2. 20 -16 Gerald T. Vento & - Margaret Vento, Tr. of Ninety-One Low Beach Road Nominee Trust 91 Low Beach Road Cohen Applicant is requesting Special Permit relief pursuant Zoning Bylaw Section 139- 16.C(2) to validate unintentional side and rear yard setback intrusions. The siting of a tennis court, installed in 2012, was reasonably based on a licensed survey. The court is sited as close as 15.4 feet from the side yard lot line and 18 feet from the rear yard lot line, where a twenty (20) foot setback is required. In the alternative, and to the extent necessary, Applicant requests relief by Variance pursuant to Section 139 -32 to allow said setback intrusions. The Locus is situated at 91 Low Beach Road, is shown on Assessor's Map 75 as Parcel 31, and as Lot 912 upon Land Court Plan 5004 -65. Evidence of owner's title is registered on Certificate of Title No. 24350 at the Nantucket County District of the Land Court. The site is zoned Limited Use General 3 (LUG -3). Voting Toole, McCarthy, O'Mara, Koseatac Alternates Poor, Thayer, Mondani Recused None Documentation File with associated plans, photos and required documentation Representing None Public None Discussion Due to G.L. c.40A, X11, ¶2 and G.L. c.40B, X21, this public hearing may not be held due to the fact that today is a state election day. The public hearing is herewith rescheduled to be opened on September 20, 2016 at 1 pm in the Public Safety Facility Community Room at 4 Fairgrounds Road. Motion Motion to Reschedule the hearing for September 20, 2016 at 1 p.m. (made by: Koseatac) (seconded by: O'Mara) Vote Carried unanimously Page 1 of 3 Minutes for September 8, 2016, adopted Sept. 20 111. NEW BUSINESS 1. 24 -16 6 Lily Street LLC & Sconset Partners LLC 6 and 8 Lily Street Dale CONTINUED TO OCTOBER 13, 2016 Applicant is requesting Special Permit relief pursuant Zoning By -law Section 139 -33 to reduce the area of 6 Lily Street without creating any new non - conformities and to enlarge the area of 8 Lily Street to allow for a new dwelling with a reduced side vard setback nonconformity. To the extent necessary, applicant further requests Site Plan Review pursuant to Section 139 -23. Both properties are improved undersized lots of record. In the alternative, and to the extent necessary, Applicant requests relief by Variance pursuant to Section 139 -32 from the provisions of Section 139 -16. The properties are located at 6 and 8 Lily Street, are shown on Assessor's 'Map 73.3.1 as Parcels 109 and 110, and as Lot 5 and portion of Lot 7 upon Plan No. 2014 -02. Evidence of owners' titles are in Book 1415, Page 296 and Book 1415, Page 287 on file at the Nantucket County Registry of Deeds. The site is zoned Sconset Old Historic (SOH). 2. 32 -16 Alan A. Shuch, Trustee of the Ann F. Shuch Qualified Personal Residence Trust 45 Quidnet Road Alger CONTINUED TO OCTOBER 13, 2016 Applicant is seeking Special Permit relief under By -law Section 139 -33. A(1)(a) to extend, alter, or change a pre - existing, non- conforming ancillary structure used as a studio and beach changing area by raising it up above the flood plain so that it no longer floods and adding stairs necessary for access. To the extent necessary, Applicant also seeks a modification of the Board's decision in File No. 007 -96 to allow for such work. The Locus is situated at 45 Quidnet Road, is shown on Assessor's -lap 21 as Parcel 21, and is Lot 23 on Land Court Plan 8853 -L. Owner's title is evidenced by Certificate of Title No. 21927 at the Nantucket Registry District. The site is zoned Residential -20 (R20). 3. 33 -16 Susan A. Wager 3 -leader Street Brescher Applicant is seeking Special Permit relief pursuant to Zoning By -law Section 139 -33. -� in order to alter the pre - existing nonconforming dwelling on the pre - existing nonconforming lot. The existing dwelling is sited within the easterly side yard setback. The alterations consist of raising the building to install a new foundation as well as conforming additions. As so altered, the structure will be no closer to the easterly lot line and will remain conforming as to height. In the alternative, and to the extent necessarv, applicant seeks Variance relief from the provisions of Section 139 -16. The Locus, an undersized lot of record, created pursuant to M.G.L. Chapter 41 Section 81L, situated at 3 Meader Street, is shown on Assessor's Map 42.2.3 as Parcel 39, and as Lot lA in Plan File 2013 -15. Evidence of owner's title is registered in Book 1389, Page 220 on file at the Registry of Deeds. The site is zoned Residential Old Historic (ROH). Voting Toole, McCarthy, O'Mara, Koseatac .Alternates Poor, Thayer, Mondani Recused None Documentation File with associated plans, photos and required documentation Representing None Public None Discussion Due to G.L. c.40A, §11, ¶2 and G.L. c.40B, X21, this public hearing may not be held due to the fact that today is a state election day. The public hearing is herewith rescheduled to be opened on September 20, 2016 at 1 pm in the PSF Community Room at 2 Fairgrounds Road. -lotion Motion to Reschedule the hearing for September 20, 2016 at 1 p.m. (made by: Koseatac) (seconded by: O'Mara) Vote Carried unanimously 4. 32 -16 Polpis Harbor, LLC 248 & 250 Polpis Road Cheney Applicant is seeking Special Permit relief pursuant to Zoning By -Law Section 139 -33. A to allow the change of use of a pre - existing nonconforming garage structure to a pool house /cabana. The existing structure is sited within the easterly front yard setback. The proposed alterations will result in a decrease in size such that the structure's footprint and massing will not increase within the setback area. The Locus is situated at 248 and 250 Polpis Road, is shown on Assessor's Map 26 as Parcel 27, as Lot A -7 upon Land Court Plan 13443 -E and as Lot A -3 upon Land Court Plan 13443 -D. Evidence of owner's title is registered on Certificate of Title No. 25343 at the Nantucket County District of the Land Court. The site is zoned Limited Use General 3 (LUG -3). Voting Toole, McCarthy, O'Mara, Koseatac Alternates Poor, Thayer, Mondani Recused None Documentation File with associated plans, photos and required documentation Representing None Public None Discussion Due to G.L. c.40A, §11, ¶2 and G.L. c.40B, §21, this public hearing may not be held due to the fact that today is a state election day. The public hearing is herewith rescheduled to be opened on September 20, 2016 at 1 pm in the PSF Community Room at 2 Fairgrounds Road. -lotion Motion to Reschedule the hearing for September 20, 2016 at 1 p.m. (made by: Koseatac) (seconded by: O'Mara) Vote Carried unanimously Page 2 of 3 Minutes for September 8, 2016, adopted Sept. 20 OTHER BUSINESS None Motion to Adjourn: 1:09 p.m. (made by: Koseatac) (seconded by: McCarthy) Submitted by: Eleanor Antonietti and Terry L. Norton Page 3 of 3