HomeMy WebLinkAbout44-17 1 Hull LaneotaAN C F '\
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��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.
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Official Signature and Seal of Not r lic
My commission expires: DORIS C. STRANG
10 2020Notary Public
` Commonwealth
of MaessebneegI
CWhmIssl4n Expires October 0, 2020
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