HomeMy WebLinkAbout39-17 81 Tom Nevers Road� N
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554 �
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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.: 39-17
Owner/Applicant: ANTHONY FANNING and SUSAN FANNING
Property Description
81 Tom Nevers Road
Map 91 Parcel 12
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 91, Parcel 12
81 Tom Nevers Road
Limited Use General — 3 (LUG -3)
DECISION:
Certificate of Title No. 25230
Land Court Plan No. 5004-3
Lot 666
1. At a public hearing of the Nantucket Zoning Board of Appeals ("ZBA"), opened
at 1:00 P.M. on November 9, 2017 and continued to and closed on December 14, 2017, in
the Conference Room, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made
the following Decision on the application of ANTHONY FANNING and SUSAN
FANNING, 317 N. Mulberry Street, #502, Lancaster, PA 17603, File No. 039-17.
2. Applicant is requesting Variance relief pursuant to Nantucket Zoning By-law
Section 139-32 from the intensity regulations in Section 139-33.E(1)(b) in order to
validate the existing ground cover on the Locus. The Locus is situated at 81 Tom Nevers
Road, is shown on Assessor's Map 91 as Parcel 12, and shown on Land Court Plan No.
5004-3 as Lot 666. Plan Book 21, Page 66. Evidence of owner's title is registered as
Certificate of Title No. 25230 at the Nantucket Registry District of the Land Court. The
site is zoned Limited Use General — 3 (LUG -3).
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. Lori Geddes, Paul Santos, and Attorney John B. Brescher represented the
applicant at the hearing on November 9th. Ms. Geddes explained to the Board that the
Premises is an undersized lot of record in the LUG -3 zoning district, containing 22,027
square feet where minimum lot size is 120,000 square feet. The lot, which was
previously vacant, has recently been improved with a single-family dwelling, non -ground
cover shed, and pool. Upon acquiring a surveyed as -built plan, it was discovered that the
ground cover of the single-family dwelling is approximately 1,510 square feet. The
maximum allowed on an undersized lot of record in LUG -3 is the greater of 3% (660
square feet) or 1,500 square feet pursuant to Section 139-33.E(1)(b) which reads:
2
In the case of a lot containing at least 5,000 square feet, 1,500 square
feet of ground cover or the amount determined in accordance with the
maximum ground cover ratio requirement for the zoning district in
which the lot is situated, whichever is greater. [... J
A copy of above -referenced plan entitled, "As -Built Plot Plan, #81 Tom Nevers Road in
Nantucket, Massachusetts", prepared by Nantucket Surveyors, LLC, dated September 13,
2017, and attached hereto as "Exhibit A".
5. During the construction, an error occurred in the pouring of the foundation nearest
the cellar access steps. This mistake occurred when the foundation was poured on the
wrong side of the demarcated line representing the edge of the foundation. As a result, an
additional ten (10) square feet was inadvertently added to the ground cover of the
structure.
6. The Board asked for additional information relative to the Historic District
Commission plans, the building permit, and an explanation of why the mistake had not
been identified earlier. Accordingly, the Board and the representatives of the applicant
agreed to continue the application to the December 14, 2017 meeting so additional
information could be provided.
7. At the December 14, 2017 hearing, JD Bessey represented the applicant. Mr.
Bessey explained to the Board that he was the general contractor for the construction and
oversaw the completion of the project. Mr. Bessey explained where the error occurred
when the foundation was poured and why the error had not been identified before the
final as -built was prepared, referencing the revised As -Built updated to show the stairwell
where the specific error which caused the overage is said to have occurred. "As -Built
Plot Plan, #81 Tom Nevers Road in Nantucket, Massachusetts", prepared by Nantucket
Surveyors, LLC, dated September 13, 2017, and revised December 6, 2017 is attached
hereto as "Exhibit B".
8. 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
7. 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
de minimis overage of the ground cover for the undersized lot in the LUG — 3 zoning
district, but not affecting generally the LUG — 3 zoning district, a literal enforcement of
the provisions of the By-law, and specifically Section 139-33.E(1)(b), would involve
substantial hardship, financial or otherwise, to the Applicant to require the Applicant to
remove the ten (10) square feet of ground cover of the fully completed structure, 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.
8. Accordingly, by a MAJORITY vote of the sitting Board with four members in
favor and one (Botticelli) opposed, the Board grants relief by VARIANCE pursuant to
Zoning By-law Section 139-32 from the provisions in Section 139-33.E(1)(b) to approve
and validate the existing ground cover overage as shown on the above -referenced
"Exhibit B".
4
Assessor's Map 91, Parcel 12
81 Tom Nevers Road
Limited Use General — 3 (LUG -3)
Dated: December 14, 2017
Certificate of Title No. 25230
Land Court Plan No. 5004-3
Lot 666
4sa c,61 i g(opposed)
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COMMONWEALTH OF MASSACHUSETTS
County of Nantucket, ss
On the day of 6La h x-;,� Lx , 2018, before me, the undersigned notary
public, personally appe d , one of
the above-named members of the foni Board of ppeals 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
puroressed.
�
Official Signature and Seal of Notary Public
My commission expires:
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"EXHIBIT A"
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MICHAEL L TOOLE
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666
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AS -BUILT PLOT PLAN
#81 TOM NEVERS ROAD
IN
CURRENT ZONING: LUG -3 _•.;,, NANTUCKET, MASSACHUSETTS
MINIMUM LOT SIZE: 120,000 S.F. ,'=i1`��"
i., y. SCALE:1 30' DATE: 9/13/17
MINIMUM FRONTAGE: 200'•
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FRONTYARD SETBACK: 35' DEED REFERENCE: L.C. CERT. #25230
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SIDE AND REAR SETBACK: 20' (10' LOT OF RECORD) :;j'' ('o.sie^:? PLAN REFERENCE: L.C. PLAN NO. 5004-30
ALLOWABLE G.C.R.: 3% (1500 S.F. LOT OF RECORD)
z. ASSESSOR'S REFERENCE:
EXISTING G.C.R.: 1,510± S:F.: MAP: 91 PARCEL: 12
' PREPARED FOR:
FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN ANTHONY & SUSAN FANNING
RELIES ON CURRENT DEEDS AND PLANS OF RECORD, / I
VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON. NANTUCKET SURVEYORS LLC
THIS PLAN IS NOT REPRESENTED TO BE A TITLE 5 WINDY WAY
EXAMINATION OR A RECORDABLE SURVEY. NANTUCKET, MA. 02554
N.D.: 412/144 COPYRIGHT BY NANTUCKET SURVEYORS, LLC. N -1041E
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12/6/17
AS—BUILT PLOT PLAN
#81 TOM NEVERS ROAD
IN
NANTUCKET, MASSACHUSETTS
SCALE:1"= 30' DATE: 9/13/17
"EXHIBIT B"
CURRENT ZONING: LUG -3
MINIMUM LOT SIZE: 120,000 S.F.
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ZBA EXHIBIT ADDED 12/6/17
MINIMUM FRONTAGE: 200'
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DEED REFERENCE: L C. CERT. #25230
FRONTYARD SETBACK: 35'
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PLAN REFERENCE: L.C. PLAN NO. 5004-30
SIDE AND REAR SETBACK: 20' (10' LOT OF RECORD)
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ASSESSOR'S REFERENCE:
ALLOWABLE G.C.R.: 3% (1500 S.F. LOT OF RECORD)
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MAP: 91 PARCEL: 12
EXISTING G.C.R.: 1,510± S.F.:
PREPARED FOR:
FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN��,
ANTHONY & SUSAN FANNING
RELIES ON CURRENT DEEDS AND PLANS OF RECORD,
VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON.
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NANTUCKET SURVEYORS LLC
THIS PLAN IS NOT REPRESENTED TO BE A TITLE
/
5 WINDY WAY
EXAMINATION OR A RECORDABLE SURVEY.
NANTUCKET, MA. 02554
N.B.: 412/144 COPYRIGHT BY NANTUCKET SURVEYORS, LLC. N-10418