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HomeMy WebLinkAbout44-17 1 Hull LaneotaAN C F '\ CD � m ��9paAAt��� TOWN OF NANTUCKET_ BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: January 12, 2018 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No.: 44-17 Owner/Applicant: EDWARD K. FINE AND RICHARD LANZILLO Property Description: 1 Hull Lane reap 67 Parcel 132.2 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 67, Parcel 132.2 1 Hull Lane Residential Ten (R-10) DECISION: Book 1466, Page 348 Three Trotter's Lane Condominium Unit 2; Plan No. 2008-03 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, December 14, 2017, at 1:00 P.M., Four Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of EDWARD FINE and RICHARD LANZILLO, 11381 Wingfoot Drive, Boynton Beach, Florida, 33437, File No. 044-17. 2. Applicants seek relief by Special Permit pursuant to Zoning By-law Section 139-33.A to alter the pre-existing nonconforming dwelling unit. Specifically, applicants propose to build an addition which will be sited within the ten (10) foot yard setback but will be no closer to the westerly lot line than the existing structure. The Locus, Unit 2 of the Three Trotter's Lane Condominium, is situated at 1 Hull Lane, is shown on Assessor's Map 67 as Parcel 132.2, and on Plan No. 2008-03. Evidence of owner's title is recorded in Book 1466, Page 348 on file at the Nantucket Registry of Deeds. The site is zoned Residential Ten (R-10). 4. 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. 5. Locus, as shown on site plan entitled, "Existing Conditions Zoning Board of Appeals Site Plan in Nantucket, Ma.", dated October 5, 2017, drafted by Michael Connolly & Associates, Inc., and attached hereto as "Exhibit A", has a lot area of 10,515 square feet in the Residential Ten ("R-10") zoning district where minimum lot size is 10,000 square feet and double frontage on both Trotter's Lane and Hull Lane. There are two dwelling units upon the premises consisting of Unit 1 and the subject Unit 2, each subject to the Master Deed and By-laws for Three Trotter's Lane Condominium. Unit 2 uses Hull Lane for access, whereas Unit 1 uses Trotter's Lane. Pursuant to said Master Deed, Unit 2 has an exclusive use area of 3,436 square feet and an existing ground cover of approximately 704 square feet. Unit 2 is pre-existing nonconforming as to setbacks being sited within the ten (10) foot setbacks on its north and west elevations. 6. As explained by Applicants' representative, the applicant proposes to alter the pre- existing nonconforming dwelling, said to have been built circa 1965, known as Unit 2 of the Three Trotters Condominium. The proposed addition consists of single story 192 square foot addition and reconstruction of a 144 square foot deck attached to said addition on the south and .. 2 west elevations of the structure. The existing dwelling is sited 4.1 feet from the westerly lot line at its closest point on the northwest corner. While the proposed alterations will take place within the westerly yard setback, the addition will be sited no closer than 4.4 feet from the westerly lot line. Applicant has obtained approval from the Nantucket Historic District Commission by virtue of Certificate of Appropriateness No. 68691. 7. The Locus was granted prior relief by Special Permit in 2007 (Decision No. 024-07; on file with the Nantucket Registry of Deeds as Book 1079, Page 97) to validate the siting of the 1981 southerly addition and deck on the rear dwelling (the front dwelling unit was also granted relief for an intrusion into the front yard setback) subject to the following condition: 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. 8. The proposed conditions are shown on site plan entitled, "Proposed Conditions Zoning Board of Appeals Site Plan in Nantucket, Ma.", dated October 5, 2017, drafted by Michael Connolly & Associates, Inc., and attached hereto as "Exhibit B". Specifically, applicants propose to extend the existing gabled mass a single story 12' x 16' square foot addition and to replace the existing deck with a new 12' x 12' deck. 9. In consideration of testimony presented at the public hearing, the Board of Appeals made the finding that the proposed extension, alterations, and expansion of the pre-existing, nonconforming dwelling structure, as described by applicants' representative, would not make the nonconforming setback distances more nonconforming and will not be substantially more detrimental to the neighborhood than the existing nonconformity. 10. 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 139-33.A(1) in order to alter the .structure upon the locus as described above. Relief is subject to the following conditions: a. The proposed alterations shall be performed in accordance with the above - referenced Site Plan, attached herewith as "Exhibit B"; b. The proposed alterations shall be performed in substantial conformity with the plans approved in conjunction with Certificate of Appropriateness No. 68691 granted by the Nantucket Historic District Commission, as the same may be amended from time to time; c. There will be no further alteration or construction within the ten (10) foot yard setback areas without further relief from the Zoning Board of Appeals. . 1 1 __ 1 �� Assessor's Map 67, Parcel 1 Hull Lane Residential Ten (R-10) Dated:_ December 14, 2017 132.2 Book 1466, Page 348 Three Trotter's Lane Condominium Unit 2; Plan No. 2008-03 Michael Mara erim Kerseat 4aKrk4tP_oexo_r COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss On the 8'h day of &n r l 201 before me, the undersigned notary public, personally appeared , 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 sign ,� 1�the foregoing instru voluntarily for the purposes therein expressed. � w Official Signature and Seal of Not r lic My commission expires: DORIS C. 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