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HomeMy WebLinkAbout37-17 1 Brinda Ln s/k/a 46 Hooper Farm Rd�ok�pNTUC TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554� Date: January 17, 2018 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No.: 37-17 Owner/Applicant: JOHN M. VAN HOVEN AND LEIGH VAN HOVEN Property Description: 1 Brinda Lane s/k/a 46 Hooper Farm Road Map 67 Parcel 315.1 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. E eanor 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 Two Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 67, Parcel 315.1 1 Brinda Lane s/k/a 46 Hooper Farm Road Residential Ten ("R-10") DECISION: Certificate of Title No. 23085 Land Court Plan 34507-8 Lot 120 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, December 14, 2017, at 10:00 a.m., in the Second Floor Community Room of the Public Safety Facility at Four Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of JOHN A. VAN HOVEN and LEIGH VAN HOVEN, 1 Brinda Lane, Nantucket, Massachusetts 02554, File No. 37-17: 2. The Applicant is requesting relief by Special Permit pursuant to Nantucket Zoning By- law (the `By-law") §139-16.C(1) to reduce the ten (10) foot side yard setback to five (5) feet, or to the extent necessary, pursuant to §139-16.C(2) to validate a setback distance of approximately seven (7) feet where ten (10) feet is required. The relief pertains to the siting of the rear stoop within the southerly rear yard setback of the second dwelling. The Locus is situated at 1 Brinda Lane (s/k/a 46 Hooper Farm Road), is shown on Assessor's Map 67 as Parcel 315.1, and as Lot 120 upon Land Court Plan 34507-8. Evidence of owner's title is registered as Certificate of Title No. 23085 in the Nantucket County District of the Land Court. The site is zoned Residential 10 (R-10). 3. 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 this matter is not of planning concern. There was no opposition, written or oral, presented at the public hearing. 4. The Locus, a corner lot abutting both Hooper Farm Road Way and Brinda Lane, has a lot area of approximately 10,000 square feet in the Residential -10 district where minimum required lot area is 10,000 square feet. The premises is improved with a 768 square foot primary dwelling, a 624 square foot secondary dwelling, and a zoning shed having approximately 120 feet of ground cover. The total ground cover ratio is approximately 14%, where 25% is allowed. The secondary dwelling is nonconforming as to rear yard setback, being sited as close as 8.5 feet from the westerly rear yard lot line where the minimum required rear yard setback is ten (10) feet. The above -referenced conditions are shown on plan entitled, "Building Location Plan of Land in Nantucket, Mass.", dated October 30, 2017 and prepared by Island Surveyors, LLC", a reduced copy of which is attached herewith as "Exhibit A". 5. The Applicant seeks relief by Special Permit to reduce the side yard setback in order to validate the unintentional As -Built intrusion into the required ten (10) foot rear yard setback. The subject structure is a secondary dwelling with a portion of the rear stoop sited approximately 8.5 feet from the westerly lot line at its closest point for an intrusion of 1.5 feet. The secondary dwelling, a 624 square foot modular, as originally proposed per Building Permit No. 909-08, was compliant as to setbacks, 6. The relief is being sought pursuant §139-16.C(1) or, in the alternative, §139-16.C(2) which read: (1) The Board of Appeals may grant a special permit to reduce the ten foot side yard setback in R -S and the ten foot side and rear yard setback in R-10, SR -10, R-20 and SR - 20 to five feet. (2) The Board of Appeals may grant a special permit to validate unintentional setback intrusions not greater than five feet into a required yard and not closer than four feet from a lot line, provided that it shall first find that the burden of correcting the intrusion substantially outweighs any benefit to an abutter of eliminating the intrusion and, if the intruding structure was so sited after 1990, the siting of the structure was reasonably based upon a licensed survey. 7. Therefore, after a discussion with the Applicant, the Board determined that a Special Permit may be granted based upon the finding that the Applicant met the threshold criteria for the relief sought pursuant to By-law §139-16.C. The relief applies specifically to reducing the setback in order to validate the siting of the portion of the rear stoop of the secondary dwelling shown on the above -referenced plan to be as close as 8.5 feet from the westerly rear yard lot line. The Board further found that such a grant of relief would be consistent with similar relief granted by this Board to several properties located within equally thickly settled R-10 zoning districts and would be in harmony with the general purpose and intent of the Zoning By-law. The relief shall be restricted such that no further construction may take place within the required ten (10) foot rear yard setback area without further relief from this Board. 8. 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 §139-16.0 to reduce the side yard setback in order to validate the westerly rear yard setback intrusion of the secondary dwellling, sited as close as 8.5 feet from the lot line. Relief is conditioned upon the following: a. There will be no further alteration or construction within the side yard setback area of ten (10) feet without further relief from the Zoning Board of Appeals. SIGNAMUREYAGEY-MLIDNS 3 Assessor's Map 67, Parcel 315.1 1 Brinda Lane s/k/a 46 Hooper Farm Road Residential Ten ("R-10") Dated: December 14, 2017 Nantucket, ss Certificate of Title No. 23085 Land Court Plan 34507-8 Lot 120 Geoff Thayer COMMONWEALTH OF MASSACHUSETTS On the -1( day of 2018, 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/she signed the foregoing instrument as their free act and deed and voluntarily for the purposes therein expressed. W10111,ta Official Signature and Seal of Notary Public My commission expires: &VLESLIO W©DSON SNELL NOTARY PUELt0 COMMONWEALTH Of MASSACHUSETTS My Comm. Expires Sept 28, 2018 SSS4 "EXHIBIT A" • o • I OW F'� dZOW Q'i N :NO• -� • FAVI O d�coQ � � Lo raw: x0FEd41,U z a W J p c� LO o•w z FaU M. ow�w2p �w O �' m O O. J' X. 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