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Home My WebLink About2016-9-20Minutes for September 20, 2016, adopted Oct. 13 ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Q wyvw nantucket- ma.gov o Commissioners: F.d Toole (Chair), Lisa Botticelli (Vice chair), Susan McCarthy (Clerk), Michael J. O'Mara, Kerim Koseatac i Alternates Mark Poor Geoff Thayer Jim Mondani __ MINUTES __ -o Tuesday, September 20, 2016 3 Public Safety Facility, 4 Fairgrounds Road, Community Room —1:00 p.m. Called to order at 1:05 p.m. Staff in attendance: Eleanor Antonietti, Zoning Administrator; T. Norton, Town Minutes Taker Attending Members: Toole, Botticelli, McCarthy, O'Mara, Koseatac, Thayer, Mondani Absent: Poor Late Arrivals: None Early Departures: None Motion to Approve the Agenda as amended. (made by: Koseatac) (seconded by: Botticelli) Carried unanimously -4 Z d mi r �F 1. September 8, 2016 Motion to Approve. (made by: Koseatac) (seconded by: McCarthy) Carried unanimously • 1 BUSINESS 1. 20 -16 Gerald T. Vento & Margaret Vento, Tr. of Ninety -One Low Beach Road Nominee Trust CONTINUED TO OCTOBER 13, 2016 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 Thayer, Mondani Recused None Documentation File with associated plans, photos and required documentation Representing Steven Cohen, Cohen & Cohen Law PC Public None Discussion Botticelli — Stated she won't be here October 13,b. Motion Motion to Approve the continuance. (made by: Botticelli) (seconded by: Thayer) Vote Carried unanimously 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 writhout creating any new non - conformities and to enlarge the area of 8 Lily Street to allow for a new dwelling with a reduced side yard setback non - conformity. To the extent necessary, applicant further requests Site Plan Review pursuant to Section 139 -23. Both properties are unproved 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). Voting Toole, McCarthy, O'Mara, Koseatac Alternates Thayer, Mondani Recused None Documentation File with associated plans, photos and required documentation Representing Kevin Dale, Vaughan, Dale, Hunter and Beaudette, P.C. Public None Discussion None \lotion Motion to Approve the Continuance. (made by: Botticelli) (seconded by: O'Mara) Vote Carried unanimously Page 1 of 3 Minutes for September 20, 2016, adopted Oct. 13 4. 34-16 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, Botticelli, McCarthy, Thayer, - Mondani Alternates None Recused O'Mara, Koseatac Documentation File with associated plans, photos and required documentation Representing Kevin Dale, Vaughan, Dale, Hunter and Beaudette, P.C. — The property is 8.18 acres in size. The garage has been on the tax records since 1956 and the studio is dated to 1890. The garage footprint will be reduced; there will be no increase to the con - conformity. They have Conservation Commission approval and HDC approval for the work. Public None Discussion Thayer — Asked if the retaining walls and building will remain in the same spot. Asked if the height is changing. Dale — The reduction in groundcover is from the removal of a small addition; the ridge height will remain the same. Botticelli — This looks like it will have a new foundation but there is no information on how that work will be done; she would like to know the scope of work. Dale — He will check whether or not it is getting a new foundation. Toole — We don't have the before grade, only the after. His concern is whether or not the building will be exactly where it is now in relation to height. Dale — His understanding is it will be exactly as it is now except for the removal of the 460 SF. Botticelli — Suggested the approval be conditioned on the height remaining the same; the height is currently 18 feet from grade. Toole — It is hard to read the plan and ascertain whether or not a grade change will change the height. Dale — The HDC insists that the current grade be maintained. Botticelli — The grade is 33.95; for the pool they are cutting into the grade to 32.42. Toole — He would like the decision to include the fact that the grade is not changing; you've said it is staying the same. Dale — Asked for the board to approve the construction in accordance with the HDC approved plans. `h'e're reducing the footprint of the building. Botticelli — The existing threshold is 19.6 feet; the pool deck is now at 16 feet. It is a lot easier to have the existing conditions on the plans. :Motion Motion to Grant the relief as requested. (made by: Botticelli) (seconded by: McCarthy) Vote Carried unanimously OTHER None ADJOURNMENT V. Motion to Adjourn: 1:36 p.m. (made by: Mondani) (seconded by: O'Mara) Carried unanimously Submitted by: Terry L. Norton Page 3 of 3