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Home My WebLink About03-18 4 ames AvenueFee: $450.00 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Owner's name(s): Robert K. Brandt and Lacey P. Brandt CLE 21)18 JAN -3 PM 12: 5 File No. D _l b failing address: c/o Reade, Gullicksen, Hanley & Gifford LLP PO Box 2569, Nantucket MA 02584 Phone Number: 508-228-3128 E -Mail: mh@readelaw.com Applicant's name(s) ATailinrT Arlrlracc• Phone Number: same Locus Address: 4 Ames Avenue E -Mail: Assessor's Map/ Parcel 60-135 T 1 %` Tl /Tll 1 f� T� /Tll _ T"1 l� T Land Court Flan/ roan Boon & ragt Tian Flit leo.. Deed Reference/ Certificate of Title: Bk1431 Pg34 Zoning District V -R Uses on Lot- Commercial: None x Yes (describe) Residential: Number of dwellings 1 Duplex Date of Structure(s): all pre -date 7/72 x or Building Permit Numbers: 13186-96 second story addition Previous Zoning Board Application Numbers: Apartments 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: Applicant request variance (Sec. 139-32 of by-law) relief from front and side yard setback requirements(Intensity regulations, Sec 139-16 of by-law), in order to relocate existing dwelling away from eroding coastal bank. Proposed front and side yard setback is 5 feet; required front yard is 20 feet, and required side yard is 10 feet. I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjurq. SI GNATU SIGNATU Owner' applicant/ orney/ gent* *If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency. OFFICE USE ONLY Application received on:_/_/_ Bv: Complete: Need Copies: Filed with Town Clerk:_/_/_ Planning Board:–/–/– Building Dept.:–LL 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notice posted with Town Clerk:_/_/_ Mailed: I&M_/_/_ &_/_/_ Hearing(s) held on:_/_/_ Opened on Continued to:_/_/_ Withdrawn:—/—/— Decision Due Bv:_/_/_ Made:_/_/_ Filed w/Town Clerk:—/—/— Mailed:— / -/- 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile , otapNTUC�FT' � N HAZ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 E Z- c Date: February 23, 2018 rn' �*l 47 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No.: 03-18 Owner/Applicant: ROBERT K. BRANDT and LACEY P. BRANDT Property Description: 4 Ames Avenue Map 60, Parcel 135 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 135 4 Ames Avenue Village Residential (VR) DECISION: Deed Book 1431, Page 34 NO PLAN Village Height Overlay District (VHOD) 1. At a public hearing of the Nantucket Zoning Board of Appeals ("ZBA"), opened at 1:00 P.M. on February 8, 2018, in the Conference Room, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the application of ROBERT K. BRANDT and LACEY P. BRANDT, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 03-18. 2. Applicants are requesting Variance relief pursuant to Nantucket Zoning By-law Section 139-32 from the intensity regulations (139-16) for front yard setbacks of twenty (20) feet and side yard setbacks of ten (10) feet in the Village Residential ("VR") zoning district in order to relocate the existing single-family dwelling approximately five (5) feet from the front and side yard lot lines. The Locus is situated at 4 Ames Avenue, as shown on Assessor's Map 60 as Parcel 135. Evidence of owner's title is recorded in Book 1431, Page 34 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 Arthur I. Reade, 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 front and side yard setbacks. The relief requested to reduce front and side yard setback requirements on the locus would enable the property owner to move the existing structure further away from the eroding coastal bank. The proposed relocated dwelling will be no closer than five (5) feet from the easterly front yard and northerly side yard lot lines in the Village 2 Residential ("VR") zoning district where front yard setback is twenty (20) feet and side yard is ten (10) feet. 5. The property is shown upon the site plan entitled "Plot Plan to Accompany Z.B.A. Application for #4 Ames Avenue in Nantucket, Massachusetts", prepared by Earle & Sullivan, Inc., dated January 3, 2018, a reduced copy of which is attached herewith as "Exhibit A". The Locus, an undersized lot in the VR zoning district, has an approximate lot area of 15,000 square feet where minimum lot size is 20,000 square feet. 6. The property will eventually be enlarged by acquisition of additional property to the southeast by virtue of the "Yard Sale Program". Specifically, the lot will be expanded by adding a 2,812 square foot parcel comprised of an approximately 150 foot long portion of paper road abutting the premises to the southeast and shown as "Denver Street" on Land Court plans. 7. The attorney explained that the structure is 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 relocation in order to save the house and septic system. In addition, the front stoop has been moved from the corner to the center of the front elevation in order to avoid a further setback intrusion. 8. Therefore, due to -the soil conditions, shape, and topography of the Locus, Variance relief from the intensity regulations of twenty (20) foot front and 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. 9. A granting of relief by Variance pursuant to Nantucket Zoning By-law Section 139-32.A requires that the Board: [... J 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 10. 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. 11. 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 approximately five (5) feet from the front and side yard lot lines as shown on the attached "Exhibit A". 4 Assessor's Map 60, Parcel 135 4 Ames Avenue Village Residential (VR) Dated: February 8, 2018 Deed Book 1431, Page 34 NO PLAN Village Height Overlay District (VHOD) COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss On the 23rd day of F72 r , 2018, before me, the undersigned notary public, personally appeared M , c e J . 0' Masy'a , 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 numoles therein expressed,/ / ffi ial Signature and Seal of No ublic DORIS C. 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