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Home My WebLink About42-17 1 HatikvaWay & 2 Hatikva Wayot�aNlulc rq RAI TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: February 26, 2018 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No.: 42-17 Owner/Applicant: SURF ACK, LLC Property Description: 1 Hatikva Way & 2 Hatikva Way Map 67, Parcels 343 & 193 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, Parcels 343 and 193 1 and 2 Hatikva Way Residential 10 (R-10) DECISION: Certificate Nos. 26024 and 25603 Lots 33 & 35 Land Court Plan 37210-K 1. At a public hearing of the Nantucket Zoning Board of Appeals (the "Board") opened at 1:00 P.M. on Thursday, November 9, 2017, and closed on Thursday, December 14, 2017, in the Conference Room, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the application of SURF ACK, LLC (the "Applicant"), c/o Cohen & Cohen Law PC, 34 Main Street, 2nd Floor, P.O. Box 786, Nantucket, Massachusetts 02554, in File No. 42-17. 2. Applicant seeks relief by Special Permit pursuant to Zoning By-law Section 139-16.C(2) to validate unintentional setback intrusions. 1 and 2 Hatikva Way both contain a duplex and a tertiary dwelling, and both front on Surfside Road, from which front yard setbacks are taken. The newly constructed tertiary dwellings were sited based on measurements derived from a licensed survey. However, due to inaccurate measurements, each was built slightly within the front yard setback. In a district where minimum front yard setback is twenty (20) feet, the dwelling on 1 Hatikva is sited as close as 19.7 feet and the dwelling on 2 Hatikva is as close as 19 feet from the westerly front yard lot line. In the alternative and to the extent necessary, Applicant seeks Variance relief pursuant to Section 139-32.A for a waiver from the front yard setback provisions of Section 139-16.A. 3. Locus consists of 1 Hatikva Way, as shown on Assessor's Map 67 as Parcel 343 and as Lot 33 upon LCP 37210-K, and 2 Hatikva Way, as shown on Assessor's Map 67 as Parcel 193 and as Lot 35 upon LCP 37210-K. Evidence of owner's title is registered on Certificate of Title No.s 26024 and 25603 at the Nantucket County District of the Land Court. The site is zoned Residential 10 (R-10). For the avoidance of doubt, as used herein, the term "Locus" shall only mean 1 and 2 Hatikva Way and specifically excludes 3 Hatikva Way. 4. Locus benefits from a previously granted Special Permit in Planning Board File 459-16, dated December 6, 2016, and registered as Document No. 154541 in the Nantucket County District of the Land Court. The decision approved tertiary dwellings upon the Locus as well as 2 the abutting property at 3 Hatikva Way. The Planning Board further granted 1) a waiver from the bedroom per lot limitation in order for the applicant to evenly distribute the number of bedrooms within the overall project area, resulting in a total of eight bedrooms on each of the three lots within the subdivision; 2) approved the use of Hatikva Way as a driveway; and 3) eliminated multiple curb -cuts and aprons. 5. Our decision is based upon the application and accompanying materials, representations, and testimony received at the public hearing. There was no Planning Board recommendation, on the basis that no matters impacting the prior approval were at issue. No opposition, written or oral, was presented at the hearings. 6. As explained by the Applicant's representative at the initial public hearing on November 9, 2017, and the continued public hearing on December 14, 2017, the Locus consists of two conforming lots in the R-10 Zoning District, each containing a duplex and a tertiary dwelling, and each taking their front yard setback from Surfside Road. The recently built tertiary dwellings were each constructed based on measurements taken from a licensed survey. However, due to inaccurate measurements, the as -built structures are nonconforming as to front yard setback with de minimis intrusions of no more than a foot in both cases. Therefore, the Applicant seeks Special Permit relief pursuant to By-law Section 139-16.C(2), which reads: 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. Should the Board be disinclined to grant the foregoing, the Applicant seeks relief by Variance pursuant to Section 139-32.A. 7. At both hearings, the Applicant sought to establish that the burden of correcting the intrusion substantially outweighs any benefit to an abutter of eliminating the intrusion and that the siting of the structures was reasonably based upon a licensed survey. In particular, applicant maintained that moving or demolishing the tertiary dwellings would be a substantial burden with little practical impact. In addition, the contractor who built each of the tertiary dwellings presented testimony to the Board explaining the facts and circumstances that led to the intrusions, specifically that he had pinned and poured the foundations in reliance upon the original subdivision survey plan rather than an updated survey plan. 8. Applicants representative pointed out that the above -referenced Special Permit granted by the Planning Board contained substantial conditions as to screening, parking, maintenance, and 3 occupancy. At the request of the Board at the initial public hearing, a stamped as -built plan affirming that no other nonconformities, apart from the front yard setback intrusions contemplated herein, exist upon the Locus. Said plan, entitled "As -Built Plot Plan; Nantucket, MA.", dated September 28, 2017 and prepared by Site Design Engineering, LLC, was provided in advance of the hearing on December 14'h and is attached herewith as "Exhibit B". 9. Therefore, based upon the foregoing, the Board finds (i) that the burden of correcting the intrusions upon the Locus substantially outweighs any benefit to an abutter of eliminating the intrusion; and (ii) the siting of the structures upon the Locus was reasonably based upon a licensed survey. 10. Accordingly, by a MAJORITY VOTE (4 in favor and 1 opposed), the Board GRANTS the requested SPECIAL PERMIT relief pursuant to By-law Section 139-16.C(2) subject to the following conditions: a. That there shall be no further expansion, construction of additional structures, including zoning sheds, and no additional ground cover on 1 or 2 Hatikva Way without further relief from this Board; and b. The Locus shall be screened along Surfside Road, substantially as shown on the plan, approved with the above -referenced Planning Board Special Permit, attached hereto as "Exhibit A". A LL 4 Assessor's Map 67, Parcels 343 and 193 1 and 2 Hatikva Way Residential 10 (R-10) Dated: December 14, 2017 Nantucket, ss. Certificate Nos. 26024 and 25603 Lots 33 & 35 Land Court Plan 37210-K James Mondani COMMONWEALTH OF MASSACHUSETTS rJ On the 2Z day of �LI Irl 1 2018, before me, the undersigned notary public, personally appeared M t ' , 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 they signed the foregoing instrument as their free act and deed and voluntarily for the purposes therein expressed. DORIS C. STRANG 1(peommissionExpiret0s,tub NotaryP-.ablic Commonwealth of Massethase�er 9, 2020 fficial Signature and Sealof Notary P lic My commission expires: I dl oqI w '" U -e $ J - � W o � - r -U£ n a 6. FF� e a ^ b -on'�nb aans aoaaawd3aa SLL35f1N]beSbW'13M�n1NtlN Ct4 4 E6t Sl3�atld'[e d- rS-- aboa 3ais3ans ea 4 ie NVld inoAv-1 `JNIAHVd Z Z R - 0 aOr r IL u O T- � noa mance �Nµnd aadamn3a p a u�,e u eru _ ND�100'" tl+�oi a �a3eoa ssc u..e es eM 'as.4oam s3mm ua Y Y° Yl'�-l•Yl'YYyY-1 " \\ �/N Eli . 6 4- wrus M g _ �g� a 'max t J i } a toz a AL 1 i t r (3ae a - xsre) OVON 301S3NnS I e p p w tl tl b o a (3ae a - xsre) OVON 301S3NnS I e "EXHIBIT B" SCALE 1 = 30' ZONING CLASSIFICATION: R-10 0, 30' 60' 120' MINIMUM LOT SIZE = 10,000 SO. FT. MINIMUM FRONTAGE = 75 FT. y FRONT YARD SETBACK = 20 FT.' REAR YARD SETBACK = 10 FT.' o SIDE YARD SETBACK = 10 FT.' c� GROUND COVER RATIO = 257 NOTES: M 6 1. FOR CORNER LOTS THE REQUIREDF FRONT YARD SETBACK RSHAI�WAY HE MAINTAINED MINIU FRDM ONE STREET WAY AND A MINIMUM 1D -FOOT SIDE U YARD SETBACK BE MlJMAINED FROM \ TB OTHER STREETEET O OR WAY. J ANY \� 2. DIMENSIONS SHOWN ON THE PLAN BETWEEN TERTIARY AND OTHER DWELLINGS ARE SHOWN FOR REFERENCE ONLY AND ARE NOT SUBIECT TO A SPECIFIC ZONING DIMENSIONAL REQUIREMENT. YAP 67 PARCEL 191.1 EXISTING GROUND COVER RATIO 5g' 1 HATIKVA = 21.6 % 6�p N6 T 2 HATIKVA = 13.8 % 3 HATIKVA = 15.8 % \ PPj\O YAP 67 PARCEL 191 r 1T I) * PARO6 3T1 BDAP10; e /- N662 pp w 1 1� EXISTING PARKING 1 HATIKVA WAYS LC LOT 33 AREA = 10.625 SF PACE po SPACE (T1P.) 9'FO�6' o 1` / DWELLING (D PPj\0 1,605 ff @ ^ 6TpARPAR O f, / AA D 4PA VED DRIVEWAY 0' APRON �9 0 TERTIARY ¶�/ DWELLING 615 SFYt6JT<i1 6 /=' \ - YAP 67 0 _ 22. �--�\ T0� PARfEL 329 E � p9 fid-' .. / n If O70.$' Vm 'A(D J 8' �, \\9 X65". `A PJ L=27.27 R=35.00' I 1�Pp0.K\NG 635/�J' v'I fti R=35.00' 50 —__-fes I �N'��s o.zl�ss on EOP NP��I�"326, / / A WAY }6N6 EP,35 _ l`O'f R\25.pD' LC UOj� ti gglNG .\ 0 \ \9�o 0 695{M \ /3 HABKVA WAY o (P9 Y94 / TERTIARY - 3 HATIKVA /x DWELLING x Q� WAY 615 6FN' / LC LOT 35 10.595 AREA � I DQ PP¶0 jg510 /+�,Ipry X `9 0 06 ?'TIO N� pPrO CONCRETE YAP 67 BOUND PARCEL 192 FOUND \ TYPICAL I CERTIF 4q TURES ARE L AS S REON f OSEP AS -BUILT PLOT PLAN JO $4 I NANTUCKET, MA. LAND 5 (NANTUCKET COUNTY) SCALE 1 IN.= 30 FT SITE DESIGN HATIKVA WAY JOSEPH MARCKLINGER P.L.S. SEPTEMBER 2.: 2017 J. MARCKLINGER & ASSOCIATES, INC. ENGINEERING, LLC. 60 L.C.C. 37210-K CERT.: 25603 & 26025 PROFESSIONAL LAND SURVEYORS 11 STREET ASSESSORS MAP 67, PARCELS 193 & 343 P.O.BOX 896 MIDDLEBORO, MA 02346 DLEBOR , NANTUCKET, MA. 02554 T:508-967-0673 F:508-967-0674 OWNER: SURF ACK LLC (310) 945-7054 WWW.SDE-LDEC.COM PREPARED FOR: SURF ACK LLC