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Home My WebLink About2016-11-10Minutes for November 10, 2016, adopted Dec. 8 ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 wxyw nantucket- tna.gov N A N TUr- -*KE s TOWN CLERK 2015 DEC —9 AM 8:24 Commissioners: Rd Toole (Chair), Lisa Botticelli (Vice chair), Susan McCarthy (Clerk), Michael J. O'Mara, Kerim Koseatac Alternates: Mark Poor, Geoff Thaver, Jim Mondani -- MINUTES -- Thursday, November 10, 2016 Public Safety Facility, 4 Fairgrounds Road, Community Room —12:30 p.m. Called to order at 12:36 p.m. Staff in attendance: Eleanor Antonietti, Zoning Administrator; T. Norton, Town Minutes Taker Attending Members: Toole, Botticelli, McCarthy, O'Mara, Poor, Thayer, Mondani Absent: Koseatac Late arrivals: Botticelli, 12:36 p.m. Early Departures: Poor, 1:46 p.m. -lgenda adopted by unanimous consent 1. October 13, 2016: Motion to Approve. (made by: O'Mara) (seconded by: McCarthy) Carried unanimously OLD BUSINESS 1. 32 -16 Alan A. Shuch, Trustee of the Ann F. Shuch Qualified Personal Residence Trust 45 Quidnet Road Alger 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 Map 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). Voting Toole, McCarthy, O'Mara, Thayer, Poor Alternates Mondani Recused None Documentation File with associated plans, photos and required documentation Representing Sarah Alger, Sarah F. Alger P.C. — Reviewed the request. This was renovated under special permit. The Historic District Commission (HDC) approved project. The Conservation Commission issued an Order of Conditions allowing the project. There was concern about an ejector pump; we've been told it is a state -of -the -art pump. The Order of Conditions has a monitoring requirement and an alarm for infiltration. The pump gets very little use because the building is used only seasonally; the system is drained and shut down every the fall. Bob Emack Public None Discussion Toole — Asked if raising it three feet is required. Alger — Under the T11 Edition of the Building Code coming into effect in 2017, they will be required to raise it three feet. Would like to have the work done as soon as possible; they're hoping to start early January. However, the Conservation Commission Order of Conditions prohibits work when the water is less than ten feet from the structure. Motion Motion to Grant the relief as requested with conditions that work be done in accordance with approved plans and that the pump shall be maintained in accordance with Order of Conditions. (made by: O'Mara) (seconded b} Thayer) Vote Carried unanimously Page 1 of 4 Minutes for November 10, 2016, adopted Dec. 8 2. 36 -16 Loren H. Kroll and Norma J. Goldman 24 Coffin Street Beaudette Applicant is requesting Special Permit relief pursuant Zoning By -law Sections 139 -30.A and 139- 16.C(2) to validate an unintentional side yard setback intrusion caused by the siting of a porch 9.5 feet from the side yard lot line abutting West Sankaty Street, where a ten (10) foot setback is required pursuant to Section 139- 16.C(3). In the alternative, and to the extent necessary, Applicant requests relief by Variance pursuant to Section 139 -32 to allow said setback intrusion. The Locus is situated at 24 Coffin Street, is shown on Assessor's Map 73.4.1 as Parcel 52, as Lot 2 upon Plan No. 2012 -37. Evidence of owner's title is in Book 1456, Page 168 on file at the Nantucket Counn Registry of Deeds. The site is zoned Sconset Residential 1 (SR -1). Voting Toole, _McCarthy, O'Mara, Poor, Thayer Alternates Mondani Recused None Documentation File with associated plans, photos and required documentation Representing Bryan Swain — requested continuance to December meeting. Public None Discussion None at this time. Motion Motion to Continue to December 8, 2016 meeting without opening. (made by: O'Mara) (seconded by: _McCarthy) Vote Carried unanimously 3. 37 -16 CHC Development, LLC 7 Primrose Avenue Cohen Appellant brings an appeal pursuant to Nantucket Zoning Bylaw Sections 139 -29 and 139 -31 of the decisions of the Building Inspector to 1) deny a request to amend a building permit, and 2) revoke said permit. Specifically, Applicant requests that the Zoning Board of Appeals overturn the decisions of the Building Inspector by making a determination that the unenclosed roofed over area of a pool cabana is a porch or gazebo, and, therefore does not count towards ground cover. To the extent necessary, and in the alternative, Applicant seeks Variance relief pursuant to Section 139 -32 from the definition of ground cover pursuant to 139 -2. A and /or ground cover requirements pursuant to 139 -16. The Locus is situated at 7 Primrose Avenue, is shown on Assessor's Map 40 as Parcel 65, as Lot 6 upon Land Court Plan 40657 -A. Evidence of owner's title is registered on Certificate of Title No. 25497 at the Nantucket County District of the Land Court. The site is zoned Limited Use General 2 (LUG -2). Voting Toole, Botticelli, O'Mara Poor, Thayer Alternates Mondani Recused McCarthy Documentation File with associated plans, photos and required documentation Representing Steven Cohen, Cohen & Cohen Law PC — Reviewed the request. The building inspector contends this is not a breezeway nor is it a porch. The definition of a "porch" states it is an open -sided area with a roof. Chip Webster, Chip Webster Architecture Public None Discussion (1:13) Botticelli — Asked if the building permit was issued as for one structure or two. Cohen — It was issued as a single structure. Webster — None of this was intended to fall under the exempt shed; both enclosed areas were intended to count as ground cover. Cohen — The application showed it as one building with a common roof. Thayer — The plans that went with the building permit should be attached to the plan. Steve Butler's office approved the building then back - tracked; he wants to know why. Poor — There seems to be a change in the definition of this structure as it went through the process; doesn't understand why that would make a difference. Botticelli — She agrees with the building commissioner that this is not a breezeway and understands his point. Cohen —The Board should look at why this can't be considered a porch. Contends it doesn't count as ground cover. Botticelli — This is a structure with a void; agrees with Mr. Butler that this isn't a porch. This does read as one building. O'Mara — Asked why this doesn't count as a breezeway. Toole — A breezeway connects two buildings; it's a link. Webster — This is one building for which one part counts as ground cover and one part does not. Poor — The plan has not changed since it was approved by HDC. Only what it was called has changed. Webster — It was applied for as a building but the permit was issued as a zoning permit for a shed. Poor — It should never have been issued that way as it has plumbing in it. The permit should be voided and a proper permit issued. Noted that the Health department did a septic review and signed off. Cohen — This overhang is a covered area to provide shade; that meets the definition of a porch. Asked for a decision. Toole — Suggested continuing to get confirmation that the kitchenette was always part of the plan, get a copy of the plans issued for the building permit, a copy of the original and amended permit, and for Mr. Butler to be able to attend and speak to it. Would also like to make a site inspection. Motion Motion to Continue to December 8, 2016 meeting. (made by: Botticelli) (seconded by: O'Mara) Vote Carried unanimously Pibe 3 of 4