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HomeMy WebLinkAbout38-17 23 Monomoy Road17 OCT 10 2017 TOWr-','NT OF N AINTU C T BOD OF APPEALS -- CD NANTUCKET, MA 02554 �, fy © 77 C-11 F e: $450.00 File No. --34 -/;' Linda A. Mason Trustee of the Linda A. Mason Amended & Restated Revocable Trust Agreement -- GT rd en Road, Pam tieach. . F 3 18(-3_1`J ai!ing address: ''hone iNU111Der: applicant's nanlc(s): I. -Mall: David B. C1he over c/o RGHG, Post Office Bos 2669, Nantucket, N -IA 0?2584 I _tt_tillth .1Q" rea5: 508-228-3128 Phone Number: 23 Monomoy Road L us address: lag@.readelaw. com E-'-'\ �Sscss )r'S Map 11 `Parcel: Lot 17, L.C. Plan 10937-C Land C.OUrt Ilan/Plan Book & Page/Plan File No.: 26301 LT 112ed Reference,/Certificate of Title: Zoning District U,es on Lot- Co_mmeraal: None s Fes (describe) Residential: Number of dweltings 1 Duple-,.. Dare of Structure(s): all pre -date 7/72 —Y— or Building Permit Numbers: Previous Zoning Board Application Numbers: �paltm i1tS -41-16 (withdrawn) 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile >ta.t% below or attach 3 separate adClei]CiuSn of speciik special p% -mrs or variance relier applvin-3 TCT: See attached adde.ndwn i U-- LLat . cs_-. is %Ci i SIGNATURE: L ?n -�1s ell .5 7'-p r -,� s - r =g LI1C LJ',t',.T f]I _ _=PPL-__.__ ^Ie e C ?Qe s -- - -.. OFFICE USE ONLY i ilei with Toxvn Clerk:_%_; _ Planilin,; Board:_; _,%_ Building Dc—,pt,:/_ `_ B; Fee deposited -,iitl] Toam `Treasurer:_/_� _ By: AX%aiver requested: Granted:_/_% _ Hearing notice posted with 'Fo«n Clerk:_ailed: Hearing(s) held on:—/—/— Opened on :—/—I'/— Continued to:_%_/_ ` I:ihdrati,,n:_/_/_ Decision Due Bs:_/_!_ filed Clerk:_/_;/_ 2 Fairgrounds Road Nantucket N1 a s s a c h u s e t t s 02554 508-228-7215 telephone 508-228-7298 facsimile ADDS N1 TI VL'1 Board of Appeals Application 23 Monomov Road The Applicant, David B. Cheever, is the contras _ aser. Ti -ie Premises; 23 Monomoy Road; Lot 17 on Land Court -ar_ 10937-C, is owned by Linda A. Mason, Trustee of the Mason Amended & Restated Revocable Trust Aareement by _7_e (7 + 1 f ra�P r m, -1-- l e r1� %F�n - Dr ten -.'.iii' eco StS 0 f - 39 - - - - - -- _ C �5�� C'Ci�S-.� .� .� a _G, "�., .�Cuc-rte -ch requ-res 4n, 000 square `ee The Drcm_ccc n,- _ F`. _ sting non -conform! rg I e 'T! J drP I - T- Square feet Of ar"Dund Cover 'LOT a retic, Of _4 �v(o c. .e e_>_=sting non-ConforlT[ing lot, efo end Cover as d mlatt�_r __---- is limited to 1500 square feet or 70 of lot area, greater. The dwelling is within 33.8 feet of the acne which requires a 35 foot front �Y7ar�.� SetbacY. 7 Z:1 c �', .i i'1 - q r r t. t:CiuireS a _l. i0 S -dc va Q Sc=o.CiC. C _, rhe lot be r�crs_?e T The C�j.Jp11cant or opo JCJ LU lil lir eaJe Ll -ie iJi C-CX_JI_i-_'._., r.,,�ng ground coverc� y' cx�J a an constructing a new single family dwelling with approx-m,atelv 1.rv0 square feet of around cover and constructing a -4' z <<, (3136 sf) garage, forJa total of approximately 2136 sa�_-are fee - 0r ground cover. The Applicant requests a Special Permit under Sect -_17.- 33A (2&4) to remove the existing structure and construct a new dwelling with approximately 1800 square feet of ground oo-v,er a" to construct a garage with approximately 336 square feet of ground cover. The new structures will comply with all seg-�cacK requirements, eliminating the existing side and front yard s�thark vinlatinn� F:\WoC\Cheever\ZBA Addendum.docx ' _V. m A c m v m cn A W N o l✓.A. CORD. 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Reade; Guilicksen, lynnln- PROPERTY LOCATION.,.,,,,,, �� „ f, ��`T'T> c!v-; f �d ;........................ ASSESSOR MAP/PARCE.L........... '"j"i JL1Lilv11l l i;l� 13y....Reade. Gullickse ;T4 iiiCv, tY Gi _y:• .J LLQ .�,�,r.�...... �......... �. �•....t .... SEE ATTACHED PAGES I certify that the foregoing is a list of all persons who are owners of abutting property, owners of land directly opposite on any public or private street or vvay. and abutters of the abutters and all other land owners within 300 feet of the Property line of owner's property, as they appear on the most recent applicable tax list (M-01, c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139-29B (2)• I ,n !U DATE SSESSOR'S OFFICE TOWN OF NANTUCKET OaD P V .Po'- OrT R,c Z b( „v Or tva ? <74 � p C O y C C a a C C C a C C C C C a C ro a ¢ a 0r J+ J+ N 0 0 0 0 0 0 O O 0 O 0 O H 0 0 0 z z z z z z o 0 Z- Z Z Z Z W w o 0 0 `c o 0 0 o ro � o ti r l0 �fl ifl C m H X p Q x .a V cQi F m W¢ z z G£ V Q V m Z U U Z Cti V O F a o U o£ O o W E- C Q F E m y j dz z x Z - Q o ¢ W¢ Q W Q Q Q Q O Q Q U x 3 z Z 0 N 'W C E w a N p W a a z c. ¢ ❑ a m .D T m F a� m o E £ C v L O a W x x o X o 0 m m � a °, a z�H H H H a � E m H F r n a H z a a F F z N ❑ a a � d ❑ � z a a M < O o £ C £ O C z O C z O o w J O 0 x U N U u m 54 54 WAREING PE'fFR S AKELMAN EDWARD & VICKIE R 16 MONOMOY RD NOM TRST 5 PHEASANT LN 3511 DEL MONDE BARRINGTON. RI 02806 IOUSFON. TX 77019 54 54 GARREIT RICHARD J JR TRST ETAL RUSSELL DONALD & MARY T C/O MONOMOY LLC 680 NE HARBOUR DRIVE 13400 OAKMEADE BOCA RATON. FL 33431 W PALM BEACH. FL 33418 54 54 RANNF.Y H FLINT TR READE ARTHUR I JR TRST FI IE MONOMOY RD REALTY TRUST 19 MONOMOY RD NOM TRUST I3OX 597 PO BOX 2669 NANTUCKET. MA 02554 NANTUCKET. MA 02584 54 54 17 MONOMOY ROAD LLC K22S LLC C/O JACK MCCARTHY JR PO BOX 2516 731 SMITH RIDGE RD NANTUCKET. MA 02584 NP,W CANAAN. CT 06840 54 54 NANFUCKE F ISLANDS LAND BANK DEBENEDICTIS DANIELLE 22 BROAD ST P O BOX 880 NANTUCKET, MA 02554 SIASCONSET. MA 02564 54 MASON LINDA A TR 227 GARDEN RD PALM BEACH. FL 33480 54 RAM ISLAND LLC C/O INSIGNI PARTNERS 275 GROVE S F STE 2-400 NF.WTON. MA 02466 54 COI IFN STEVEN L TR 29 MONOMOY RD NOM TRUST PO BOX 786 NANFUCKI'1. MA 02554 54 WFSTFALL MATTHEW S & LAURA J 1342 LACHMAN LANE PACIFIC PALISADES. CA 90272 54 13ERRY DAVID G PO BOX 1288 NANTUCKET. MA 02554 N TOWN OF NANTUCKET_ BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 0 CAD C__ Date: December 15, 2017 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No.: 38-17 Prior Owner: LINDA A. MASON, TR., LINDA A. MASON AMENDED & RESTATED REVOCABLE TRUST AGREEMENT Applicant: DAVID B. CHEEVER Current Owner: CONSTANCE K. CHEEVER* *Property transfer took place on November 30, 2017, after the hearing on November 9, 2017, to Constance K. Cheever by virtue of Deed registered as Land Court Document No. 156891 noted on Transfer Certificate of Title 26696. Property Description: 23 Monomoy Road Map 54 Parcel 205 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 4 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 54, Parcel 205 23 Monomoy Road Limited Use General -1 (LUG -1) DECISION: Certificate of Title 26301 26696' Land Court Plan 10937-C Lot 17 1. At a public hearing of the Nantucket Zoning Board of Appeals on Thursday. November 9, 2017, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, , the Board made the following Decision on the Application of LINDA A. MASON, TR., LINDA A. MASON AMENDED & RESTATED REVOCABLE TRUST AGREEMENT (OWNER) and DAVID B. CHEEVER (APPLICANT/ Contract Purchaser), c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 38-17. 2. Applicant is seeking Special Permit relief pursuant to Zoning By-law Sections 139-33.A(2) and 139-33.A(4) to allow an increase in the pre-existing nonconforming ground cover ratio upon the pre-existing nonconforming locus. The proposed work consists of removing the 1,810 square foot pre-existing nonconforming dwelling, sited within the front and side yard setbacks, and replacing it with an approximately 1,800 square foot dwelling and to construct an approximately 336 square foot garage. Both structures will be compliant with all setbacks. The Locus, an undersized lot of record, is situated at 23 Monomoy Road, is shown on Assessor's Map 54 as Parcel 205, and as Lot 17 upon Land Court Plan 10937-C. Evidence of owner's title is registered on Certificate of Title No. 26301 at the Nantucket County District of the Land Court. The site is zoned Limited Use General 1 (LUG -1). 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 no matters of planning concern were presented. There was no opposition, written or oral, to the application. 4. The Locus, as shown on plan entitled, "Existing Conditions Plan in Nantucket, Massachusetts", prepared for Linda A. Mason by Bracken Engineering. Inc., and dated November 8, 2016, a reduced copy of which is attached herewith as "Exhibit A", is pre - 1 Property transfer took place on November 30, 2017 by virtue of Deed from Linda A. Mason, Tr., Linda A. Mason Amended & Restated Revocable Trust Agreement to Constance K. Cheever registered as Land Court Document No. 156891 noted on Transfer Certificate of Title 26696. 2 existing nonconforming as to lot size, ground cover ratio, and front and side yard setbacks. The lot contains 12,695 square feet of lot area in the LUG -1 zoning district where minimum lot size is 40,000 square feet. The front yard setback is 33.8 feet where minimum front yard setback is thirty-five (35) feet. The northerly side yard setback is nine (9) feet where minimum side yard setback is ten (10) feet. The existing First Floor Elevation is 21.4± feet and the roof peak is 40.5± feet. The existing dwelling contains 1,810 square feet for a ground cover ratio of 14.3% where maximum ground cover ratio allowed is 7%. The maximum allowed in accordance with 7% ground cover ratio would be 888± square feet. The maximum allowed on an undersized lot of record in LUG -1 is 1,500 square feet pursuant to Section 139-33.E(1)(b) which reads: In the case of a lot containing at least 5, 000 square feet, 1, 500 square feet of ground cover or the amount determined in accordance with the maximum ground cover ratio requirement for the zoning district in which the lot is situated, whichever is greater. [ ...] 5. Applicant proposes to demolish or remove the existing principal single-family dwelling upon locus, and to replace it with a new approximately 1,800 square foot two- story single-family dwelling and a new 336 square foot detached garage structure. Both structures will be sited outside of all setbacks, thus curing existing intrusions. The new construction would result in an aggregate ground cover of 2,146 square feet for an increase of the pre-existing nonconforming ground cover ratio from 14.3% to 16.9%. Accordingly, the applicant seeks the following relief: (a) Special Permit pursuant to Section 139-33.A(2), which reads: An extension, alteration, or change to an existing structure or a new structure that will result in an increase in the pre-existing nonconforming ground cover ratio of a lot may be allowed through issuance of a special permit, provided that the special permit granting authority makes the following findings: a) The increase in ground cover ratio will not be substantially more detrimental to the neighborhood than the existing nonconformity; b) The resulting ground cover ratio is consistent with the character of the surrounding neighborhood; and c) The extension, alteration, or change to the existing structure or the new structure is conforming to other dimensional requirements of this chapter. (b) Special Permit pursuant to Section 139-33.A(4), which reads: Removal and reconstruction of any or all of the preexisting nonconforming structure(s), or any portion(s) thereof, in excess of the 3 permitted ground cover ratio upon a lot, shall be allowed by special permit, provided that: a) Such special permit shall have been issued prior to the removal of the preexisting nonconforming structure(s), or any portion(s) thereof b) (Reserved) c) All reconstructed structure(s), or portion(s) thereof, shall conform to all applicable front, rear and side yard setback requirements; unless relief is granted under separate provisions of this chapter; and d) The special permit granting authority shall have made the finding that the result of the proposed removal and reconstruction shall not be substantially more detrimental to the neighborhood than the existing nonconforming structure and/or use. 6. Applicant and Counsel maintained that the proposed construction of the new replacement dwelling and the new detached garage, while resulting in an additional 326 square feet of ground cover upon the premises, could be considered "consistent with the character of the surrounding neighborhood", would not be substantially more detrimental to the neighborhood, and would be otherwise conforming to the dimensional requirements pursuant to Section 139-16.A. As such, they asserted that they had met the burden of proof in meeting the criteria of Section 139-33.A(2)(b) cited above. 7. After discussion with the applicant and based upon presentation to the Board, the Board found no compelling reason to grant the requested relief to allow a further increase in pre-existing nonconforming ground cover and that the desire for a garage, while otherwise reasonable, would not constitute valid grounds to grant a further expansion of the nonconformity. 8. After hearing the concerns of the Board, the Applicant withdrew the request for approval to further exceed existing overage in ground cover pursuant to Section 139- 33.A(2), indicating the intention to demolish or remove the existing principal single- family dwelling upon locus, and to replace it with a new single-family dwelling to be sited outside of all setbacks. As such no detached garage will be built upon the premises, and the ground cover will remain 1,810 square feet. 9. A MOTION was made and duly seconded to accept the Withrawal without Prejudice of the request for relief pursuant to Section 139-33.A(2) to allow an increase in the pre-existing nonconforming ground cover ratio upon the pre-existing nonconforming locus. The vote in favor of the motion was UNANIMOUS. 4 10. Based upon the facts set forth above, as presented by Applicant and Counsel, the Board made the finding that the demolition and replacement of the existing primary dwelling upon locus, as proposed, would not be substantially more detrimental to the neighborhood than the existing nonconforming structure, and, in fact, would be less detrimental as the front and side yard setback nonconformities would be eliminated. 11. Accordingly, by UNANIMOUS vote, the Board of Appeals granted the requested relief by SPECIAL PERMIT pursuant to By-law Section 139-33.A(4) to allow removal and reconstruction of the pre-existing, nonconforming structure in excess of the permitted ground cover upon the locus to be replaced by a 1,810 square foot dwelling structure which will comply with all setback requirements. SIGNAT RE PAGE TO F LLOW 5 Assessor's Map 54, Parcel 205 23 Monomoy Road Limited Use General -1 (LUG -1) Dated: November 9, 2017 COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss Certificate of Title 26301 26696 Land Court Plan 10937-C Lot 17 GeoffrAy W. Thayer I On the �t� day of7D-( 01!� ~ y" 2017, before me, the undersigned notary public, personally appeared & t,,_,3i ,.{ `j . I c 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 signed the foregoing instrument voluntarily for the purpp�rs therein expressed. / ,f i DORIS C. STRANG fficial Signature and Seal of Notary ublic Notary Public My commission expires: i (I '� Commonwealth of Massachusetts i My Commission Expires October 9, 20: H. 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