HomeMy WebLinkAbout10-17 21 Ticcoma Way Decision NANTUCKE
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2017 JUN _9 PM 06
— TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: June 9 , 2017
To : Parties in Interest and Others conc«:rned with the Decision of
The BOARD OF APPEALS in the Application, of the following:
Application No . : 10-17
Current Owner / Applicant: RYAN P. CONWAY
Property Description 21 Ticcoma Way
Map 67 Parcel 162
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with the office of the Nantucket Town Clerk .
An Appeal from this Decision may be taken pursuant to Section 17
of Chapter 40A, Massachusetts General Laws .
Any action appealing the Decision must be brought by filing a
complaint in Nantucket Superior Court or Land Court within TWENTY
(20) days after this day' s date . Notice of the action with a copy
of the complaint and certified copy of the Decision must be given
to the Town Clerk so as to be received within such TWENTY (20)
days .
rf
' MR
Eleanor W. Antonietti , __
Zoning Administrator
cc : Town Clerk
Planning Board
Building Commissioner/Zoning Enforcement Officer
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND
WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY-LAW
SECTION 139-30 (SPECIAL PERMITS) ; SECTION 139-32 (VARIANCES) . ANY
QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT
508-325-7587 .
NANTUCKET ZONING BOARD OF APPEALS
Two Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 67, Parcel 162 Book 1466,Page 213
21 Ticcoma Way Plan File No. 2013-34
Residential Twenty ("R-20") Lot 1
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, May 11,
2017, at 10:00 a.m., in the Second Floor Community Room of the Public Safety Facility at Four
Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the
application of RYAN P. CONWAY, Post Office Box 2261, Nantucket, Massachusetts 02584,
File No. 10-17:
2. The Applicant is requesting relief by Special Permit pursuant to Nantucket Zoning By-
law (the `By-law") §139-16.C(1) to reduce the ten (10) foot side yard setback to five (5) feet, or
to the extent necessary, pursuant to §139-16.C(2) to validate the unintentional intrusion of a pool
equipment shed sited as close as 9.7 feet from the northwesterly side yard lot line. The Locus is
located at 21 Ticcoma Way, is shown on Nantucket Tax Assessor's Map 67 as Parcel 162, and is
shown as Lot 1 on Plan File No. 2013-34 recorded with the Nantucket Registry of Deeds.
Evidence of owner's title is recorded at Book 1458, page 294. The Locus is situated in the
Residential Old Historic ("ROH") Zoning District.
3. Our decision is based upon the application and accompanying materials and
representations and testimony received at our public hearing. There was no Planning Board
recommendation on the basis that this matter is not of planning concern. There was no
opposition, written or oral, presented at the public hearing and there was one letter in support of
the application submitted in the file.
4. The Locus, a corner lot abutting both Ticcoma Way and Micheme Lane, has a lot area of
approximately 20,045 square feet in the Residential-20 district where minimum required lot area
is 20,000 square feet. The premises is improved with a 1,208 square foot primary dwelling, a
859 square foot secondary dwelling, and a zoning shed, used for storage of pool maintenance
equipment, having approximately 180 feet of ground cover. The total ground cover ratio is
10.3%, where approximately 12.5% is allowed. The pool shed is nonconforming as to side yard
setback, being sited as close as 9.7 feet from the northwesterly side yard lot line where the
minimum required side yard setback is ten (10) feet. The above-referenced conditions are shown
on plan entitled, "Site Plan of Land in Nantucket, Massachusetts; Prepared for Ryan P. Conway;
#21 Ticcoma Way", dated April 7, 2017 and prepared by Bracken Engineering, Inc.".
5. The Applicant seeks relief by Special Permit to reduce the side yard setback in order to
validate the unintentional As-Built intrusion into the required ten(10) foot side yard setback. The
subject structure is a pool-equipment storage shed sited approximately 9.7 feet from the side yard
lot line at its closest point. The relief is being sought pursuant §139-16.C(1) or, in the alternative,
§139-16.C(2)which read:
(1) The Board of Appeals may grant a special permit to reduce the ten foot side yard
setback in R-5 and the ten foot side and rear yard setback in R-10, SR-10, R-20 and SR-
,
20 to five feet.
(2) The Board of Appeals may grant a special permit to validate unintentional setback
intrusions not greater than five feet into a required yard and not closer than four feet
from a lot line,provided that it shall first find that the burden of correcting the intrusion
substantially outweighs any benefit to an abutter of eliminating the intrusion and, if the
intruding structure was so sited after 1990, the siting of the structure was reasonably
based upon a licensed survey.
6. The Board inquired as to why the encroachment could not be corrected by moving the
shed out of the setback. The Applicant explained that plumbing had already been installed and
connected to the equipment associated with the use of this accessory structure. Applicant further
explained to the Board that the "wood platform", shown on the above-referenced plan, is in fact
not part of the primary dwelling deck. Applicant explained that the "wood platform"is flush with
current grade, similar to a boardwalk, and is not attached to the deck. The Board determined that
the "wood platform" is a landscaping feature, as described by the applicant, and does not require
relief.
7. Therefore, after a discussion with the Applicant, the Board determined that a Special
Permit may be granted based upon the finding that the Applicant met the threshold criteria for
the relief sought pursuant to By-law §139-16.C(1). The relief applies specifically to reducing the
setback in order to validate the siting of the 180 square foot pool equipment storage shed shown
on the above-referenced plan to be as close as 9.7 feet from the northwesterly side yard lot line.
The Board further found that such a grant of relief would be consistent with similar relief granted
by this Board to several properties located within equally thickly settled R-20 zoning districts
and would be in harmony with the general purpose and intent of the Zoning By-law. The relief
shall be restricted such that no further construction may take place within the required ten (10)
foot side yard setback area without further relief from this Board.
8. Accordingly, by a UNANIMOUS vote of the sitting Board,the Zoning Board of Appeals
GRANTED the requested relief by SPECIAL PERMIT pursuant to By-law §139-16.C(1) to
reduce the side yard setback in order to validate the northwesterly side yard setback intrusion of
the pool equipment storage shed, sited as close as 9.7 feet from the lot line. Relief is conditioned
upon the following:
a. There will be no further alteration or construction
within the side yard setback area of ten (10) feet
without further relief from the Zoning Board of
Appeals.
$IGNJ TUB PAGE FOLLOWS
3
Assessor's Map 67, Parcel 162 Book 1466, Page 213
21 Ticcoma Way Plan File No. 2013-34
Residential Twenty("R-20") Lot 1
Dated: ,2017
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Geoff Thayer
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss
On the 8 day of 1 .1'1 _ , 2017, before me, the undersigned notary public,
personally appeared Gem 2 -Mawr , one of the above-named
members of the Zoning Board of AppeAls of Nantucket, Massachusetts, personally known to me
to be the person whose name is signed on the preceding document, and acknowledged that he/she
signed the foregoing instrument as their free act and deed and voluntarily for the purposes
therein expressed.
/ `
/ DORIS C.STRANG
W it Notary Public
. • f-41 PAM'
Massachusetts
Jf °"`,° Commission Expires Oct 9,2020
Offi ial Signature and Seal of Not y Public M
My commission expires: 0c4doir q zc2
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: June 8, 2017
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To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No.: 10 -17
Current Owner / Applicant: RYAN P. CONWAY
Property Description 21 Ticcoma Way
Map 67 Parcel 162
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with the office of the Nantucket Town Clerk.
An Appeal from this Decision may be taken pursuant to Section 17
of Chapter 40A, Massachusetts General Laws.
Any action appealing the Decision must be brought by filing a
complaint in Nantucket Superior Court or Land Court within TWENTY
(20) days after this day's date. Notice of the action with a copy
of the complaint and certified copy of the Decision must be given
to the Town Clerk so as to be received within such TWENTY (20)
days.
Eleanor W. Antonietti,
Zoning Administrator
cc: Town Clerk
Planning Board
Building Commissioner /Zoning Enforcement Officer
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND
WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY -LAW
SECTION 139 -30 (SPECIAL PERMITS); SECTION 139 -32 (VARIANCES). ANY
QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT
508 - 325 -7587.
NANTUCKET ZONING BOARD OF APPEALS
Two Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 67, Parcel 162 Book 1466, Page 213
21 Ticcoma Way Plan File No. 2013 -34
Residential Twenty ( "R -20 ") Lot 1
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, May 11,
2017, at 10:00 a.m., in the Second Floor Community Room of the Public Safety Facility at Four
Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the
application of RYAN P. CONWAY, Post Office Box 2261, Nantucket, Massachusetts 02584,
File No. 10 -17:
2. The Applicant is requesting relief by Special Permit pursuant to Nantucket Zoning By-
law (the `By -law ") §139- 16.C(1) to reduce the ten (10) foot side yard setback to five (5) feet, or
to the extent necessary, pursuant to §139- 16.C(2) to validate the unintentional intrusion of a pool
equipment shed sited as close as 9.7 feet from the northwesterly side yard lot line. The Locus is
located at 21 Ticcoma Way, is shown on Nantucket Tax Assessor's Map 67 as Parcel 162, and is
shown as Lot 1 on Plan File No. 2013 -34 recorded with the Nantucket Registry of Deeds.
Evidence of owner's title is recorded at Book 1458, page 294. The Locus is situated in the
Residential Old Historic ( "ROH ") Zoning District.
3. Our decision is based upon the application and accompanying materials and
representations and testimony received at our public hearing. There was no Planning Board
recommendation on the basis that this matter is not of planning concern. There was no
opposition, written or oral, presented at the public hearing and there was one letter in support of
the application submitted in the file.
4. The Locus, a corner lot abutting both Ticcoma Way and Micheme Lane, has a lot area of
approximately 20,045 square feet in the Residential -20 district where minimum required lot area
is 20,000 square feet. The premises is improved with a 1,208 square foot primary dwelling, a
859 square foot secondary dwelling, and a zoning shed, used for storage of pool maintenance
equipment, having approximately 180 feet of ground cover. The total ground cover ratio is
10.3 %, where approximately 12.5% is allowed. The pool shed is nonconforming as to side yard
setback, being sited as close as 9.7 feet from the northwesterly side yard lot line where the
minimum required side yard setback is ten (10) feet. The above - referenced conditions are shown
on plan entitled, "Site Plan of Land in Nantucket, Massachusetts; Prepared for Ryan P. Conway;
#21 Ticcoma Way ", dated April 7, 2017 and prepared by Bracken Engineering, Inc. ".
5. The Applicant seeks relief by Special Permit to reduce the side yard setback in order to
validate the unintentional As -Built intrusion into the required ten (10) foot side yard setback. The
subject structure is a pool- equipment storage shed sited approximately 9.7 feet from the side yard
lot line at its closest point. The relief is being sought pursuant §139- 16.C(1) or, in the alternative,
§139- 16.C(2) which read:
(1) The Board of Appeals may grant a special permit to reduce the ten foot side yard
setback in R -S and the ten foot side and rear yard setback in R -10, SR -10, R -20 and SR-
20 to five feet.
(2) The Board of Appeals may grant a special permit to validate unintentional setback
intrusions not greater than five feet into a required yard and not closer than four feet
from a lot line, provided that it shall first find that the burden of correcting the intrusion
substantially outweighs any benefit to an abutter of eliminating the intrusion and, if the
intruding structure was so sited after 1990, the siting of the structure was reasonably
based upon a licensed survey.
6. The Board inquired as to why the encroachment could not be corrected by moving the
shed out of the setback. The Applicant explained that plumbing had already been installed and
connected to the equipment associated with the use of this accessory structure. Applicant further
explained to the Board that the "wood platform ", shown on the above - referenced plan, is in fact
not part of the primary dwelling deck. Applicant explained that the "wood platform" is flush with
current grade, similar to a boardwalk, and is not attached to the deck. The Board determined that
the "wood platform" is a landscaping feature, as described by the applicant, and does not require
relief.
7. Therefore, after a discussion with the Applicant, the Board determined that a Special
Permit may be granted based upon the finding that the Applicant met the threshold criteria for
the relief sought pursuant to By -law §139- 16.C(1). The relief applies specifically to reducing the
setback in order to validate the siting of the 180 square foot pool equipment storage shed shown
on the above - referenced plan to be as close as 9.7 feet from the northwesterly side yard lot line.
The Board further found that such a grant of relief would be consistent with similar relief granted
by this Board to several properties located within equally thickly settled R -20 zoning districts
and would be in harmony with the general purpose and intent of the Zoning By -law. The relief
shall be restricted such that no further construction may take place within the required ten (10)
foot side yard setback area without further relief from this Board.
8. Accordingly, by a UNANIMOUS vote of the sitting Board, the Zoning Board of Appeals
GRANTED the requested relief by SPECIAL PERMIT pursuant to By -law §139- 16.C(1) to
reduce the side yard setback in order to validate the northwesterly side yard setback intrusion of
the pool equipment storage shed, sited as close as 9.7 feet from the lot line. Relief is conditioned
upon the following:
a. There will be no further alteration or construction
within the side yard setback area of ten (10) feet
without further relief from the Zoning Board of
Appeals.
►: 1 . _y
3
Assessor's Map 67, Parcel 162
21 Ticcoma Way
Residential Twenty ( "R -20 ")
Dated:
Nantucket, ss
17
Book 1466, Page 213
Plan File No. 2013 -34
Lot 1
Geoff Thayer
COMMONWEALTH OF MASSACHUSETTS
On the 8 day of L, _V 1 Q- , 2017, before me, the undersigned notary public,
personally appeared , one of the above -named
members of the Zoning Board of Appe is of Nantucket, Massachusetts, personally known to me
to be the person whose name is signed on the preceding document, and acknowledged that he /she
signed the foregoing instrument as their free act and deed and voluntarily for the purposes
therein expressed.
Offi ial Signature and Seal of Not ry Public
My commission expires: 04dair. q 2,OW
0
S
S' DORIS C. STRANG
a z Notary Public
Massachusetts
Commission Expires Oct 9, 2020