HomeMy WebLinkAbout46-17 334 Madaket RoadFee: $450.00
TQ -'V&141 CLER'.
2017 NOV 14 AM 9: 43
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
File No. 416 , J 7
Owner's name(s): Robert W. Calnen, Jr. and Patrice M. Calnen
Mailing address: 8 Riggs Avenue, West Hartford, CT 06107
Phone Number: 508-228-0771 E -Mail: John@gliddenandghdden.com
Applicant's name(s): Same
Mailing Address:
Phone Number: 508-228-0771 E -Mail: John@gliddenandglidden.com
Locus Address: 334 Madaket Road Assessor's Map/Parcel: 60/141
Land r'-•••.-'- /Plan Book & Page/Plan : Plan Book 21, Page 66
Deed Reference/eate of Title-: Book 1279, Page 249 Zoning District: VR
Uses on Lot- Commercial: No Yes (describe)
Residential: Number of dwellings: 1 Duplex Apartments
Date of Structure(s):
Building Permit Numbers:
Previous Zoning Board Application Numbers: N/A
State below or attach a separate addendum of specific special permits or variance relief
applying for:
I certify that the information contained herein is substantially complete and true to the
best of my knowledge, under the pains and penalties of perjury.
SIGNATURE:
Owner*
SIGNATURE: _
torney/Agent*
*If an Attorney oro er Agent is representing the Owner or the Applicant, please provide
a signed proof of agency.
OFFICE USE ONLY
Application received on:_/_/_ By: Complete: Need Copies:
Filed with Town Clerk: _/_/_ Planning Board:_/_/_ Building Dept.:_/_/_ By:_
Fee deposited with Town Treasurer:_/_/_ By: Waiver requested:
Granted:_// Hearing notice posted with Town Clerk:_/_/_ Mailed:_/_/_
I&M_/_/_ &/_/_ Hearing(s) held on:—/—/— Opened on :—/—/—
Continued to:_// Withdrawn:_/_/_ Decision Due By:—/—/—
Made:_/_/_ Filed w/Town Clerk:_/_/ Mailed:_/_/_
Exhibit A
The Owners/Applicants, Robert W. Calnen, Jr. and Patrice M. Calnen (hereinafter
referred to as "Calnen") are the Owners of 334 Madaket Road ("the Premises") by virtue
of a deed recorded in Book 1279, Page 249 at the Nantucket Registry of Deeds.
Applicants are requesting Variance relief pursuant to Nantucket Zoning Bylaw Section
13 9-3 2 from the intensity regulations (139-16) for side yard setbacks in the Village
Residential ("VR") zoning district of ten (10) feet in order to relocate the existing single-
family dwelling and garage approximately one (1) foot from the northeasterly side yard
lot line.
The Premises, an undersized lot in the Village Residential (VR) zoning district is
the subject of severe erosion along the coast of Madaket. As shown upon the site plan
shown as Exhibit B, the existing garage is well within 50 feet of the top of the coastal
bank. In order to relocate the garage, the existing structure must also be relocated due to
the existing location of the septic system. As a result of the proposed relocation, the
house and garage will be sited approximately one (1) foot from the northeasterly lot line
in a zoning district that requires a ten (10) foot side and rear yard setback.
Therefore, Variance relief from the intensity regulations of side yard setbacks
may be available because that owing to the circumstances of the shape and topography of
this lot due to the coastal erosion, a literal enforcement of this chapter would involve
substantial hardship to the applicant and allowing the existing structures to be relocated
to the preserve said structures will not nullify or substantially derogate from the intent
and purpose of the Zoning Bylaw.
PROPERTY DATA
PATRICE M. CALNEN
ADDRESS: 334 MADAKET ROAD
ASSESSOR MAP 60 PARCEL 141
DEED: BK.1279 PG. 249
PLAN BOOK 21, PAGE 66
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THIS PLOT PLAN WAS PREPARED FOR
PERMITTING PURPOSES ONLY AND
SHOULD NOT BE CONSIDERED A PROPERTY LINE
SURVEY. THIS PLAN SHOULD NOT BE USED TO
ESTABLISH PROPERTY LINES, FENCES, HEDGES OR
ANY ANCILLARY STRUCTURES ON THE PREMISES.
THE PROPERTY LINES SHOWN RELY ON CURRENT
DEEDS AND PLANS OF RECORD.
THIS PLOT PLAN IS NOT A CERTIFICATION A�
TITLE OR OWNERSHIP. OF THE PROPERTY SH
OWNERS OF ADJOINING PROPERTIES ARE SH
ACCORDING TO CURRENT ASSESOR RECORDS
GRAPHIC SCALE
30 30
( IN FEET )
n U (,frt J
9'x20'
PARKING
0� SPACE
100
60-142
N/F
MADAKET LAND TRUST
Fes,
\ X 6.6 EXISTING SPOT ELEVATION
�� �^ EXISTING EDGE OF BRUSH
PROPOSED SITE PLAN
IN NANTUCKET, MA
PREPARED FOR
PATRICE M. CALNEN
334 MADAKET ROAD
MAP 60 PARCEL 141
NOVEMBER 6, 2017
SCALE: 1 =30
4
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20 May Ann DO" Nsftwkat, NA 0256!
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MINIMUM LOT SIZE: 20,000 S.F.
MINIMUM FRONTAGE: 100 FT.
qd`
FRONT YARD SETBACK: 20 FT.
QP
REAR (SIDE SETBACK 10 FT.
GROUND COVER X 1OX
QP�FO
AREA= 10,388*S.F.
NOTE:
ZONING RELIEF REQUMED FOR
STRUCTURE SITING AS SHOWN
F
16.6
70• \4 '
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\ SMH ELEV.= I III X1'6.6
\ 6 8 16.54 NAVD88 PROPOSED DRIVEWA'PROPOSYHOUSE
LEACH RELOCATION
6.50 TENCHES II ,I
15.7v 16. X
VENT/i
j c 15.5��j�/,1 , S�
15.8
00,
y`• \ icy �
60-140 �..�5'
\ N F
` \ TOWN OF NANTUCKET `
O •�
THIS PLOT PLAN WAS PREPARED FOR
PERMITTING PURPOSES ONLY AND
SHOULD NOT BE CONSIDERED A PROPERTY LINE
SURVEY. THIS PLAN SHOULD NOT BE USED TO
ESTABLISH PROPERTY LINES, FENCES, HEDGES OR
ANY ANCILLARY STRUCTURES ON THE PREMISES.
THE PROPERTY LINES SHOWN RELY ON CURRENT
DEEDS AND PLANS OF RECORD.
THIS PLOT PLAN IS NOT A CERTIFICATION A�
TITLE OR OWNERSHIP. OF THE PROPERTY SH
OWNERS OF ADJOINING PROPERTIES ARE SH
ACCORDING TO CURRENT ASSESOR RECORDS
GRAPHIC SCALE
30 30
( IN FEET )
n U (,frt J
9'x20'
PARKING
0� SPACE
100
60-142
N/F
MADAKET LAND TRUST
Fes,
\ X 6.6 EXISTING SPOT ELEVATION
�� �^ EXISTING EDGE OF BRUSH
PROPOSED SITE PLAN
IN NANTUCKET, MA
PREPARED FOR
PATRICE M. CALNEN
334 MADAKET ROAD
MAP 60 PARCEL 141
NOVEMBER 6, 2017
SCALE: 1 =30
4
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ENGINEERING
& SURVEY, PC
20 May Ann DO" Nsftwkat, NA 0256!
NalThtekatEtl» rmum W9425 -OM
Town and County of Nantucket, MA November 14, 2017
Property Information
Property 60141
ID
Location 334 MADAKET RD
'
Owner CALNEN PATRICE M
MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
Town and County of Nantucket, MA makes no
claims and no warranties, expressed or implied,
concerning the validity or accuracy of the GIS data
presented on this map.
Parcels updated December, 2014
Properties updated 11/14/2017
John Brescher
From: ROBERT CALNEN <ivan8@comcast.net>
Sent: Monday, November 13, 2017 10:22 PM
To: John Brescher
Subject: Site Plan - 334 Madaket Road, Nantucket, MA 02554
TO: John B. Brescher, Esquire
This email authorizes John B. Brescher, Esquire to represent us in any and all matters pertinent to
the proposed
site plan for our property at 334 Madaket Road in Nantucket.
Robert W. Calnen, Jr. and Patrice M. Calnen
8 Riggs Avenue, West Hartford, CT 06107
ivan8 _comcast.net 860 521-8098
If anything additional is needed, please advise us. Thank you.
1
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Town of Nantucket HgN�oc ,
a� Zoning Board of Appeals
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
LA
PROPERTY OWNER .... ......:..............
................................
MAILING ADDRESS ................. t I ..:. `N °J �... ..�^�'. �...��....�Gt���
PROPERTY LOCATION........ �! �� ���0 ... I ......
ASSESSOR MAP/PARCEL..... �D� c
SUBMITTED BY ................ tll� lJ U�d t� .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 way;
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.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139-29B
(2)•
I(-?- 11 1- Tlil
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DATE A SESSOR'S OFFICE
TOWN OF NANTUCKET
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NANTUCKET TOWN OF
16 BROAD ST
NANTUCKET_ MA 02554
60
KILBOURNE KENT & ANN E
424 PROSPECTAVE
PRINCETON, NJ 08540
60
ALFORD EDWARD L & PATRICIA
PO BOX 537
SOUTH HADLEY, MA 01075-0537
60
NANTUCKET COUNTY OF
16 BROAD ST
NANTUCKET, MA 02554
60
LECAIN LAURINDA P & LARRY
347 MADAKE7 RD
NANTUCKET, MA 02554
60
CALNEN PATRICE M
8 RIGGS AVE
WEST HARTFORD, CT 06107
60
MADAKET LAND TRUST
CIO KENNETH LINDSAY
P 0 BOX 987
NANTUCKET, MA 02554
60
MADAKET CONSERVATION LAND TRUST
P 0 BOX 987
NANTUCKET, MA 02554
60
GALLAGHER PHILIP N JR
PO BOX 1071
NANTUCKET, MA 02554
60
SMITH DAVID "TRUSTEE
CIO SCHNADER HARRISON SEGAL & LEVE
1600 MARKET STREET STE 3600
PHILADELPHIA, PA 19103
6024
MADAKET MILK LLC
50 PARK ROW WEST STE 113
PROVIDENCE, RJ 02903
6024
333 MADAKET LLC
.33 TAYLOR CROSS WY
BROOKLINE, MA 02445
6024
FAIN RICHARD A & JOANNE
23 TALBOT CT
SHORT HILLS, NJ 07078
6024
LECLAIRE JOHN R & HODGES RUTH A
150 TRAPELO ROAD
LINCOLN, MA 01773
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TOWN OF NANTUCKET
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BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
C.0
Date: January 16, 2018
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No.: 46-17
Owner/Applicant: ROBERT W. CALNEN and PATRICE M. CALNEN
Property Description:
334 Madaket Road
Map 60 Parcel 141
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
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 60, Parcel 141
334 Madaket Road
Village Residential (VR)
DECISION:
Deed Book 1279, Page 249
Plan Book 21, Page 66
1. At a public hearing of the Nantucket Zoning Board of Appeals ("ZBA"), opened
at 1:00 P.M. on December 14, 2017, in the Conference Room, at 4 Fairgrounds Road,
Nantucket, Massachusetts, the Board made the following Decision on the application of
ROBERT W. CALNEN, JR. and PATRICE M. CALNEN, 8 Riggs Avenue, West
Hartford, CT 06107, File No. 046-17.
2. Applicants are requesting Variance relief pursuant to Nantucket Zoning By-law
Section 139-32 from the intensity regulations (139-16) for side yard setbacks in the
Village Residential ("VR") zoning district of ten (10) feet in order to relocate the existing
single-family dwelling and garage approximately one (1) foot from the northeasterly side
yard lot line. The Locus is situated at 334 Madaket Road, is shown on Assessor's Map
60 as Parcel 141, and shown on Plan Book 21, Page 66. Evidence of owner's title is
recorded in Book 1279, Page 249 at the Nantucket Registry of Deeds. The site is zoned
Village Residential (VR) and is sited within the Village Height Overlay District (VHOD).
3. Our decision is based upon the application and accompanying materials,
representations, and testimony received at our public hearings. There was no Planning
Board recommendation on the basis that no matters of planning concern were presented.
There was no opposition, written and oral, presented at the public hearing.
4. Attorney John B. Brescher, representing the applicant at the hearing, explained to
the Board that the Applicants are requesting Variance relief pursuant to Nantucket
Zoning By-law Section 139-32 from the intensity regulations (139-16) for side yard
setbacks in the Village Residential ("VR") zoning district of ten (10) feet in order to
relocate the existing single-family dwelling and garage approximately one (1) foot from
the northeasterly side yard lot line. The project benefits from approval from the
Conservation Commission and the Nantucket Historic District Commission.
Oa
5. The Locus, an undersized lot in the Village Residential (VR) zoning district, has
an approximate lot area of 10,000 square feet where minimum lot size is 20,000 square
feet. Front setbacks are minimum twenty (20) feet and side and rear are minimum ten
(10) feet. As shown upon the site plan entitled "Proposed Site Plan in Nantucket, MA,
prepared for Patrice M. Calnen", prepared by Nantucket Engineering & Survey, PC,
dated November 6, 2017, revised December 14, 2017, a reduced copy of which is
attached herewith as "Exhibit A", the existing garage is well within fifty (50) feet of the
top of the coastal bank. In order to relocate the garage, the dwelling structure must also
be repositioned upon the lot due to the current location of the septic system. As a result
of the proposed relocations, the house and garage will be sited approximately one (1) foot
from the northeasterly lot line in a zoning district that requires a ten (10) foot side and
rear yard setback.
6. The attorney explained that both structures are being relocated upon the lot due to
danger posed by the rapidly eroding coastal bank along the shoreline of Madaket and
abutting the lot to the southwest. Aerial images of the Locus illustrate the dramatic
progression of the erosion since 1998. The surveyor formulated the proposed relocations
in order to save the house, garage, and septic system, and to avoid siting the structures in
the layout of a private abutters' way known as "Chicago Street" which has historically
served as a vehicular access to a parking area used by many beachgoers. The vacant
parcels abutting to the west is owned by the Town, and abutting to the south is owned by
the Madaket Land Trust.
7. Therefore, due to the soil conditions, shape, and topography of the Locus,
Variance relief from the intensity regulations of ten (10) foot side yard setbacks may be
available owing to the circumstances caused by severe coastal erosion, and furthermore a
literal enforcement of this chapter would involve substantial hardship to the applicant and
allowing the existing structures to be relocated to preserve said structures will not nullify
or substantially derogate from the intent and purpose of the Zoning By-law.
8. A granting of relief by Variance pursuant to Nantucket Zoning By-law Section
139-32.A requires that the Board:
[... ] specifically finds that owing to circumstances relating to soil
conditions, shape or topography of such land or structures but not affecting
generally the zoning district in which it is located, a literal enforcement of the
provisions of this chapter would involve substantial hardship, financial or otherwise,
to the petitioner or appellant, and the desirable relief may be granted without
substantial detriment to the public good and without nulling or substantially
derogating from the intent or purpose of such By-law.
3
9. Based upon the foregoing, the Board specifically finds that owing to
circumstances relating to the soil conditions, shape, and topography of the Locus and the
rapidly eroding coastal bank and existing location of the septic system, and especially
affecting the Locus but not affecting generally the Village Residential zoning district, a
literal enforcement of the provisions of the By-law, and specifically Section 139-16,
would involve substantial hardship, financial or otherwise, to the Applicant, and the
desirable relief may be granted without substantial detriment to the public good and
without nullifying or substantially derogating from the intent or purpose of this By-law.
10. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board grants
relief by VARIANCE pursuant to Zoning By-law Section 139-32 from the provisions in
Section 139-16 to approve the relocation of the existing single-family dwelling and
garage approximately one (1) foot from the northeasterly side yard lot line as shown on
the attached "Exhibit A".
I NATURE PAGE TO FOLLOW
i1
Assessor's Map 60, Parcel 141
334 Madaket Road
Village Residential (VR)
Dated: December 14, 2017
Deed Book 1279, Page 249
Plan Book 21, Page 66
Geoff Thayer
COMMONWEALTH OF MASSACHUSETTS
County of Nantucket, ss
On the day of�1 2018, before me, the undersigned notary
public, personally appear ,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, yd acknowledged that he signed the foregoing instrument voluntarily for the
purposes rei ex ressed.
Official Signature and Seal of Notary Public
My commission expires:
LESLIE WOODSON SNELL
NOTARY PUBLIC
COMMONWEALTH OF MASSACHU8ETT8
kly Comm. Expires Sept, 20, 2018
PROPERTY DATA
PATRICE M. CALNEN
ADDRESS: 334 MADAKET ROAD
ASSESSOR MAP 60 PARCEL 141
DEED: BK.1279 PG. 249
PLAN BOOK 21, PAGE 66
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THIS PLOT PLAN WAS PREPARED FOR 3
PERMITTING PURPOSES ONLY AND
SHOULD NOT BE CONSIDERED A PROPERTY
SURVEY. THIS PLAN SHOULD NOT BE USED TO ' .
ESTABLISH PROPERTY LINES, FENCES, HEDGES OR
ANY ANCILLARY STRUCTURES ON THE PREMISES.
THE PROPERTY LINES SHOWN RELY ON CURRENT
DEEDS AND PLANS OF RECORD.
THIS PLOT PLAN IS NOT A CERTIFICATION AS TO
TITLE OR OWNERSHIP OF THE PROPERTY SHOWN.
OWNERS OF ADJOINING PROPERTIES ARE SHOWN
ACCORDING TO CURRENT ASSESOR RECORDS.
GRAPHIC SCALE
30 30
( IN FEET )
TO BE RECORDEDI 1 inch =
REVISED:
"EXHIBIT A"
Village Residential
MINIMUM LOT SIZE: 20,000 S.F.
MINIMUM FRONTAGE: 100 FT.
FRONT YARD SETBACK: 20 FT.
REAR/SIDE SETBACK: 10 FT.
GROUND COVER % : 10%
AREA=10, 388±S. F
NOTE:
ZONING RELIEF REQUIRED FOR
STRUCTURE SMNG AS SHORN
9'x20'
PARKING
SPACE
60-142
N/F
MADAKET LAND TRUST
PROPOSED
DRIVEWAY
LEGEND
x16.6 EXISTING SPOT ELEVATION
— EXISTING EDGE OF BRUSH
PROPOSED SITE PLAN
- IN NANTUCKET, MA
0 PREPARED FOR
PATRICE M. CALNEN
334 MADAKET ROAD
MAP 60 PARCEL 141
NOVEMBER 6, 2017
DECEMBER 14, 2017
SCALE: 1 ”=30'
NTUC
ENGINEERING
& SURVEY, PC
20 Mary Ann Drtv>Es i =ltucket, MA 02554
NantuckeMngineer.wm 60-826-6M