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Home My WebLink About46-17 334 Madaket Roadot�pNTUCMF TOWN OF NANTUCKET m I BOARD OF APPEALS y NANTUCKET, MASSACHUSETTS 02554 W ; w 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. 2 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". SI NATURE PAGE T FOLLO N 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 G1 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,d acknowledged that he signed the foregoing instrument voluntarily for the purposes rein} expressed. Official Signature and Seal of Notary Public My commission expires: a\ LESLIE WOODSON SNELL NOTARY PUBLIC COMMONWEALTH OF MASSACHUSETTS my Comm. Expires Sept. 20, 2018 5 PROPERTY DATA PATRICE M. CALNEN ADDRESS: 334 MADAKET ROAD ASSESSOR MAP 60 PARCEL 141 DEED: BK.1279 PG. 249 PLAN BOOK 21, PAGE 66 10 o 4i 15.9 \0 6.8 6.5 16. SMH ELEV.= 16.54 NAVD88 LEACH 16.6 QP Cz� F°c C 16.6 6.7 SEPTIC TANK 15.7 16.3 ."ill! VENT 15.5 op TTpM \,qs 15.8 \\ co, STq(9 15.5 0010 60-140 �' �5' Fp'\\ N/F TOWN OF NANTUCKET 0-yr.sr \) iS:iv ; IE; Kik THIS PLOT PLAN WAS PREPARED FOR 3 PERMITTING PURPOSES ONLY AND r_ SHOULD NOT BE CONSIDERED A PROPERTY L la,�`4'i x}4 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. REVISED: OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT ASSESOR RECORDS. GRAPHIC SCALE 30 30 ( IN FEET ) "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 t S. F. NOTE: ZONING REIJEF REQUIRED FOR STRUCTURE STING AS SHO'ON 9'x20' PARKING SPACE 60-142 N/F MADAKET LAND TRUST PROPOSED EXISTING 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' NTUCKE ENGINEERING 8 SURVEY, PC 20 Nary Ann Drive Nantucket, MA 026U NantuckatEngineer.com SN-826XA53