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HomeMy WebLinkAbout44-17 1 Hull LaneFee: $450.00 NOV 09 2017 Ju LJI By TOWN OF NANTUCKET ; BOARD OF APPEALS Y NANTUCKET MA 02554 APPLICATION C.) File No. qq' Owner's name(s): Q w (4 2 rI /-10 nM rJ Mailing address:_ 1� 1 �J � � W r©O T �D 12 , 37 Phone Number: ��CP ( 501 &CZdE-Mail: 2�� � Q�C 1 ! t l • C -G2-1- Applicant's name(s): 6A*4 Mailing Address: OF— Plione Number: sft"(F_ E -Mail: -6A-& e_ Locus Address: 1 YT V LL- L Assessor's Map/Parcel: `� `Z Land Court Plan/Plan Book & Page/Plan File No.: L-0 T 2 ! / F " (0 / Deed Reference/Certificate of Title: 9 3 - z9/Zoning District )z - / O Uses on Lot- Commercial: None Yes (describe) Residential: Number of dwellings 2- Duplex Date of Structure(s): all pre -date 7/72 or Apartments ifI COIF-�� O Ulm! �l Building Permit Numbers: 17 45 - 6 ( r � 1 Alq l 1Z �6C of b (21 S /^fes 14 leu Previous Zoning Board Application Numbers: d Z 4 - 7 &'b 1s600-f� 2z)c)7 sP 2007 - o�S'3 GFA -7- A G P ,2,00"? - 623� 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile Subject: 1 Hull Lane - ZBA relief Date: November 9, 2017 at 1:34 PM To: Zoning Board of Appeals listsery@civicplus.com -- --- -- .. ........ Applicants Edward Fine and Richard Lanzillo owners of the house at 1 Hull Lane are asking for relief pursuant to 139-33.A to alter a pre-existing non conforming structure. This is a condo building (condo #2) and shares the property with Unit #1 which has an address of 3 Trotters Lane which is owned by Malcom Soverino and Tim Soverino. Condo #2 is a one story 704 +- SF with a 12'x 12' deck on the South side. Condo #1 is a one and a half story 736 +- SF house. The applicants are applying for a 12'x 16' one story addition with the 12'x 12' deck to be reused if possible (rebuilt if necessary). The addition will be in the setback (as is the existing building) on the East at 4.3' from the existing corner and 4.4' at it's new end corner. The deck would be 4.5' at its outermost corner. The setback required is 10' in this Zone R-10. These dimensions are shown on the proposed surveyed plans. The applicants have received HDC approval for this addition. This house has been issued zoning relief under the previous owner for a similar condition, dated April 9, 2007. Please see the attached Special Permit, which requires the applicant to return to the ZBA for further expansion, under Condition (b) - see last page of text. There is plenty of ground cover available to build on this property (allowable = 2629 +- SF), with this addition the actual total ground cover would be 1632 +- SF. See proposed surveyed plan for break down of all areas. There is not much option for Unit #2 regarding it's massing and the "master plan" of the overall site. This particular location for the addition achieves the least change to the use by all the owners. 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: Applicant/Attorney/A�0 *If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency. OFFICE USE ONLY S [5 a0E-'0 13Y o L--*Je l 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 B Made:_/—/— Filed w/Town Clerk:_/_/— Mailed:_/—/ - 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile From: edwardgarden@aol.com Subject: Date: November 9, 2017 at 12:57 PM To: ThornewillDesign@comcast.net To the zoning board members: We give our permission for Carrie Thornewill to sign this board of appeal application on out behalf Sincerely, Ed Fine & Richard Lanzillo Fee: $300.00 Owner's name(s Mailing address:. Phone Numbers TOWN OF K ZONING ADMINISTRATOR NANTUCKET, MA 02554 APPLICATION (File No. 11-17 � s l(iG Applicant's name(s): � Vie-_ Mailing Address: Qh 1 67AQL- - C o V�,_ Phone Number: —(o d F -Mail: �CtVI,o.as a"""ve- Locus Address: L )q-" JL Assessor's Map/Parcel: 3 2 Land Court Plan/Plan Book & Page/PPlan File No.: L oT Z Deed Reference/Certificate of Tide:9 3 7 - 2'1% Zoning District 2` 10 Uses on Lot- Commercial: None Yes (describe) G oti{tom o Residential: Number of dwellings Z Duplex Apartments U N i -r # Z Date of Structure(s): all pre -date 7/72 f A ��or Building Permit Numbers: V7 (W t N tj le (zewoU VS — OI -irj ttiffh.- f-ODi -n oN) Previous Zoning Board Ap lication Numbers:_ b24 -o7 ELAW_600 14. Tal t..-UA[5f -- 2d o"7 C/p i<Su7­007 - j9P22o7'7_ OTS3 Cfaf2-# DP- 2,007- 07-39, 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile r�- State below or attach a separate addendum of specific special permits or valiance relief applying for: SEE ADDENDUM I certify that the information contained herein is substantially complete and true to the best of my knowledge. under the pains andpenalties of perjury. SIGNATURE: Applicant/Attorney/Agent* ''`If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency. 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile r: A 14 EP spa, , a c' Eby co r 1 :r Pei CY CD 41 Q $ r �f 1Jj N CD ` OZ I i/ SSS to ..-.. �. ' .w r .��• tV Al � ��, My Nei.^ ep 00 40 c: q t !'• Q 00 kir ir A. all W RCC . �� � .�►� � , {1J ��� � '�•� \{ �� a ^+ 1 � �V � i � Oh �• •�,� .� '� N � arm -� �,� � � r ! j oo Cr CD fa lift, `y..... 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Seho¢ieZcz Z3rozrhars,Itzc, Re9ist�er-ad L arrd Svrvez 0r . 1�-odez-aZ 5eecel,Z7arrZvcho,6, I77¢ss OFt'zces r"rs Frarrrirryharrr,ll7ilfbrd�Tlorr:zucke�. ®l 12eseareh by: ✓✓S IJrafdad by Xt_ � Field Chiel : ✓5 ChBc�edbz� ✓ fs w Computed by-•�✓5 ffpproYedbj�.a✓_: S Y Baa Bk: 01079 Pg: 97 0 Q TOWN 'OF NANTUCKETco N �co BOARD OF APPEALS No R,;, �NANTUCKET, MASSACHUSETTS 02554 Date: Aprll20 07 To: Parties in Interest and•Others concerned with the, ��ec�on of tyre BOARD Ola APPEALS in the Application of the f o l l•o.wi ng:70 ,L o Applicatign No. co Owner/Applicant: _1 ely�I/1DS i.— Enclosed-is the Decision of the BOARD OF APPEALS :which has this day been filed in, 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 an complaint in 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. om ►( ; Chai-rman cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME ' LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING'TO NANTUCKET ZONING BY-LAW 9139-301 (SPECIAL PERMITd)•1 $139-32I.(VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. Bk: 01079 Pg: 99 139-16C(2) to validate the front stoop/steps of the front dwelling that are sited as close as about 18.2 feet from the front yard lot line along Trotter's Lane, in a district that requires a minimum front yard setback of 20 feet. The lot and structures are conforming in all other respect to the dimensional requirements of the Zoning By-law. The Premises is located at 3 TROTTER'S LANE, Assessor's Map 67, Parcel 132, Plan Book 18, Page 69, Lot 2. The property is zoned Residential -10. 2. This Decision is based upon the Application and materials submitted with it, along with the photographs, testimony and evidence presented at the hearing where testimony was taken. The Planning Board made no recommendation as there were no issues of planning concern. Other than the presentation by the Applicant (Soverino) and his counsel, there was no other public comment at the hearing. There were no letters of opposition on file. There were two letters on file from the current owners (Billings), dated February 23, 2007 and March 14, 2007. The first stated that the deck on the rear of the front dwelling and the deck on the southerly side of the rear dwelling were on the structures when he bought the property in 1985. He had them repaired in 1986. In the second letter, he stated that the "porch on the main house at 3 Trotter's Lane was there in its same configuration since we purchased the house in 1985". There was also an affidavit on file dated February 13, 2007 from Sarah Bell, a predecessor in title to current owners and a current abutter to the north, who is the daughter of the prior owner of the Premises. Ms. Bell's information establishes that the dwellings have been in existence since a time before the 1972 adoption of the Nantucket Zoning By-law and that the southerly addition to the rear house was constructed in 1981. "Other than the addition, the two houses at 3 Trotter's Lane have been located as they appear... and have been used as dwellings since some time before Christel Mitchell purchased the property 1972." In addition, Applicant submitted "tax cards" from the Tax Assessor's Office that indicated that the front house was constructed in 1959 and the rear house in 1965 and were thus validly pre-existing nonconforming structures. 3. The Applicant, through counsel, represented that the Premises. are a conforming lot in the R-10 zoning district, improved with two dwelling units. The Applicant presented a "Building Location Plan", drawn by Charles W. Hart and Associates, dated March 15, 2007, a reduced copy of which is attached hereto as Exhibit A, that shows the rear dwelling on the Premises located as close as about 2.8 feet from the northwesterly side yard lot line and about 4.1 feet from the southwesterly rear yard lot line, in a district that requires a minimum side and rear yard setback of ten feet. The front steps Bk: 01079 Pg: 100 district that requires a minimum side and rear yard setback of ten feet. The front steps on the front dwelling are located about 18.2 feet from the front yard lot line along Trotter's Lane, in a district that requires a minimum front yard setback of 20 feet. The two dwellings do not meet the 20% ground cover differential or the 12 -foot scalar separation requirements as set forth in Nantucket Zoning By-law Section 139-7(2)(b) for primary and secondary dwellings. The lot complies with the dimensional requirements of the Zoning By-law and other than noted above, the dwellings comply with the dimensional requirements of the Zoning By-law. As such, the Applicant represented that the dwelling units are not considered primary and secondary dwellings as defined in the By-law as both structures pre -dated the 1990 change in the Zoning By-law related to primary and secondary dwellings in the R-10 zoning district and were thus exempt, and not subject to the ground cover differential and scalar separation requirements. 4. The aforementioned Bell Affidavit established that the nonconforming location of rear dwelling pre -dated 1972, except for an addition constructed around 1981, pursuant to Nantucket Building Permit No. 1745-81 (the "Permit"). The Permit allowed the addition to be constructed in its present location, about 4.3 feet from the rear yard lot line, which did not come any closer to the rear yard lot line that the pre-existing, nonconforming portion of the rear dwelling. Although the minimum rear yard setback was. ten feet at the time the Permit was issued, the then Building Inspector did not require special permit relief to be obtained; he noted on the Permit that the "building line was being extended at rear maintaining four feet." No Certificate of Occupancy was ever issued for the addition. 5. As noted above in the letters from the current owner of the Premises submitted to the Board, the decks on both dwellings and the front steps on the front dwelling were constructed some time before he purchased the property in 1985. No building permits for construction of the decks or steps were found in the Building Department records. The deck on the rear dwelling is located within the 10 -foot required rear yard setback area but comes no closer to the rear property line than the pre-existing, nonconforming dwelling. Given that the front door to the front dwelling is some three feet above grade, the front steps were necessary to access the front door since the structure was built. On file was a 1975 aerial from the Town records that clearly indicated that there was a front stoop similar in size and shape to the existing stoop on the front of the front dwelling. 6. In light of the information provided in the affidavit from Sarah Bell and hearing no evidence to the contrary, the Board finds that the dwellings were constructed and used as dwellings before 1972 adoption of the Nantucket Zoning By-law. Therefore, the dwellings are exempt from the ground cover differential and scalar separation Bk: 01079 Pg: 101 dwellings are exempt from the ground cover differential and scalar separation requirements of the Zoning By-law, and the Board finds that no variance relief is necessary as to these matters. The Board also finds that the main portion of the rear dwelling is pre-existing, nonconforming as to side and rear yard setbacks and that the rear addition and deck and the rear deck on the front house, though constructed within the area between the two structures, was done so at a time prior #ie 1990 Zoning By-law change related to ground cover differential and scalar separation and thus did not increase any current nonconforming situation. 7. Therefore, based on the testir)aony and documents provided at the hearing, the Board finds that the 1981 addition was built pursuant to a validly issued Building Permit, was constructed in accordance with the Permit, was sited no closer to the rear yard lot line than the pre-existing, nonconforming portion of the rear dwelling, and has been in existence for more than twenty-five years. The Board also finds that the deck on the rear dwelling comes no closer to the rear yard lot line than the pre-existing, nonconforming portion of the rear dwelling and has been in existence for more than twenty years. Given these facts, the Board finds that allowing the addition and rear deck to remain in their current locations would not be substantially more detrimental to the neighborhood than the existing nonconformity. 8. Therefore, based on the testimony and documents provided at the hearing, the Board finds that the front steps on the front dwelling were constructed some time before 1985, are necessary to access the front door of the dwelling, and correction of this unintentional setback intrusion substantially outweighs any benefit to an abutter of eliminating the intrusion. In addition, since the steps pre -date 1990, relief by special permit is available and siting of the steps need not have been done based upon a licensed survey as so stated in Zoning By-law Section 139-16C(2). The Board further finds that validating the siting of the steps would create a situation that would substantially more detrimental to the neighborhood than the existing nonconforming situation. 9. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section 139-33A to validate the current siting of the 1981 addition and deck -on the rear dwelling; and by the same vote, GRANTS the requested relief by SPECIAL PERMIT relief pursuant to Section 139- 16C(2) to validate the front stoop/steps of the front dwelling that are sited as close as about 18.2 feet from the front yard lot line along Trotter's Lane. Relief is conditioned upon the following: Bk: 01079 Pg: 103 (BOA File No. 024-07) a. The structures are to be sited in substantial conformance with the "Building Location Plan", drawn by Charles W. Hart and Associates, dated February 16, 2007 and revised March 15, 2007, a reduced copy of which is attached hereto as Exhibit A; and b. There shall be no further expansion of the rear dwelling within the required ten -foot rear yard setback area or the front dwelling within the front yard setback area without further relief from this Board. 10. Applicant withdrew that portion of the Application that related to the request for variance relief pursuant to Nantucket Zoning By-law Section 139-7(2)(b), which the Board allowed without prejudice, finding that no relief is necessary as the structures are validly pre-existing and nonconforming as to the requirements for a 12 -foot scalar separation and 20% differential between primary and secondary dwellings. Dated: April '? , 2007 MAY a 12007 .. vunuyua4M4AVIV i EXIMG: MW. AREA:. '!?QQ P. `sem . • 103r a s• S; F• W. FROM•AFE ..:7,A; ,-T.... saes P f ri iv FRONT YARD S.9.:. PQ, -r,. . REAR . k SIDE S.B.:./p. �`.'7'.. . GROUND COVER (%), : ,zx %.. — I„ n/F C. 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