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Home My WebLink About2016-10-13Minutes for October 13, 2016, adopted Nov. 10 N U%-#KEJ� ZONING BOARD OF APPEALS CL E 2 Fairgrounds Road �Q �s ti0 V Nantucket, Massachusetts 02554 10 PM 2: 57 xvxvw.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, October 13, 2016 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, McCarthy, O'Mara, Koseatac, Poor, Thayer, Mondani Absent: Botticelli Late Arrivals: Koseatac, 1:07 p.m. Early Departures: None Agenda adopted by unanimous consent APPROVAL 1. OF 1. September 20,2016: Motion to Approve. (made by: McCarthy) (seconded by: O'Mara) Carried unanimously • 1 BUSINESS 1. 51 -03 Rugged Scott, LLC Release of Lots 2 & 3 from Covenant Hanley Voting Toole, McCarthy, O'Mara, Poor, Thayer ,-Alternates None Recused None Documentation File with associated plans, photos and required documentation Representing Marianne Hanley, Reade, Gullicksen, Hanley, & Gifford LLP — There are nine buildable lots remaining. They are still on track with the affordable housing requirements. Public None Discussion Antonietti — She is monitoring this closely. Motion Motion to Grant the relief as requested. (made by: McCarthy) (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 Voting Toole, Koseatac, Poor, Thayer, Mondani Alternates None Recused O'Mara, McCarthy Documentation File with associated plans, photos and required documentation Representing Steven Cohen, Cohen & Cohen Law PC — This is a 3 -acre, heavily- wooded lot abutting conservation land; the side where the tennis court is has a tennis court on the abutting property. Explains how the tennis court came to be an encroachment into the rear- and side -yard setback. In his opinion, this qualifies for a special permit and asks it be granted. The court itself has a 12 -foot perimeter between the lines and the fence for safety. Moving the court and fence represents a substantial expense. Contended that there is minimal impact on the neighborhood from the encroachment. Public None Discussion (Log) Toole — Read Zoning Bylaw Section 139- 16.C(2); asked how it meets that criteria. Cohen — The intrusion came about when the contractor worked off a survey that was done for wetland work; he feels it was appropriate for the contractor to use that survey. Toole — He feels that the intent of the bylaw is for when the surveyor makes a mistake, not to compensate for the contractor doing what he wants. Cohen — He feels the bylaw can be applied more widely than intended. What he's asking is not outside the normal application of the bylaw. Poor — This meets the definition of a structure; he understands there was no building permit pulled for this. Cohen — The building permit has since been pulled and verified and has received Historic District Commission (HDC) approval. The fence for a game court and paving don't count as a structure when taken separately but together they qualift as a structure. Page 1 of 4 Minutes for October 13, 2016, adopted Nov. 10 Alger — Not the bathroom but the kitchen. The only other change is a set of stairs to the west to allow access once raised. Poor — He would like to see what ConCom has to say about this. Thayer — The septic pump chamber below the bathroom is at the beach level leaving it susceptible to flooding. Toole — The porch is existing; the stairs are not. Asked the members their thoughts about waiting for a ConCom decision. Alger — She believes this is not a substantial detriment to the neighborhood and is a reasonable request. Toole — Asked how the final elevation was arrived at. Emaek — This structure is currently at elevation 7 and the building code requires two more feet but the flood zone is at elevation 10. Bourne — In regards to the rise in water level, he has noted along Polpis Road stones were added because the road is being undermined. There has been a dramatic change in the water level. Thayer — He concurs that it is getting wetter. O'Mara — He's willing to support this but wants to see what ConCom has to say. Dale — Noted that his client doesn't oppose this project; this is a delicate project in a very fragile, wetland resource area and should be done with the right conditions. Poor — He is certain ConCom will impose strict construction protocols. Koseatac — He proposes continuing to November to see what ConCom says. Suggested the applicant explore options for the pump. Alger — Asked if the board wants any additional information for the November hearing. O'Mara — He has enough information but it is to the applicant's benefit to wait for the ConCom ruling. Poor — He would like to see the Certificate of Appropriateness (COA) from HDC on this project. Thayer — He would support this but the septic pump should be tested for water tightness on a yearly basis. Alger — Mr. Dale provided her a copy of the COA; submitted that into the record at the table. Motion Motion to Continue to November 10, 2016. (made by: Koseatac) (seconded by: O'Mara) Vote Carried unanimously 3. 35 -16 Harvey C. Jones, Jr. Tr. Eight Old North Wharf Nominee Trust 8 Old North Wharf Gifford Applicant is seeking Special Permit relief pursuant to Zoning By -law Section 139- 33.A(2) to allow an increase in the pre - existing nonconforming ground cover ratio upon the pre - existing nonconforming locus. In the alternative and to the extent necessary, applicant requests Variance relief pursuant to Section 139 -32 for a waiver of the ground cover ratio provisions in Section 139 -16. Applicant is proposing to alter the pre - existing nonconforming dwelling by enclosing an existing porch such that there will be no change to the structure's footprint. The Locus is situated at 8 Old North Wharf, is shown on Assessor's Map 42.3.1 as Parcel 20, as Lot B -1 upon Land Court Plan 10169 -B. Evidence of owner's title is registered on Certificate of Title No. 25811 at the Nantucket County District of the Land Court. The site is zoned Residential Commercial (RC). Voting Toole, McCarthy, O'Mara, Koseatac, Mondani .Alternates Poor, Thayer Recused None Documentation File with associated plans, photos and required documentation Representing Whitney Gifford — In 2005, relief was granted to lift and repair the underlying supports. This project would place wall behind an exterior lattice wall on the east side; there will be no change over the pier. Mickey Rowland, Rowland and Associates — Currently the lattice protects a porch. Public None Discussion (2:1u) Antonietti — The Board recently granted relief for an increase to ground cover to enclose a generator under a new section of the bylaw. Toole — 'Phis would no longer meet Section C of the bylaw as living space would go to the lot line. Rowland — Noted the lattice is very tight with 3/4 inch spaces. At the table submitted into the file photos of the lattice. O'Mara — The state recently changed the rules; if something has gone 10 years unpermitted, the owner can apply for other permits. The state also extended the life of a special permit. Rowland — Explained that the lattice will remain so that the exterior facade will not change visually. There is no change to the waterside porch. The increase in ground cover from enclosing the east porch is about 40 square feet. Gifford — Stated that he checked with ConCom and was told that this does not need relief since no change is being made to the underlying supports. Toole — In his opinion, when you purchase a property with a certain ground cover, you should abide by that. Koseatac — Stated he has no issues. Motion Motion to Approve as requested based upon the uniqueness of this property. (made by: Koseatac) (seconded by: McCarthy) Vote Not Carried 3- 2 / /Toole & Mondani opposed Page 3 of 4