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Home My WebLink About48-17 90 Pocomo AvenueNTUC a TOWN OF NANTUCKET BOARD OF APPEALS i NANTUCKET, MASSACHUSETTS 02554 i err W Date: May 10, 2018 N To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No.: 48-17 Owner/Applicant: KRISTEN ENGLE Trustee of POCOMO POINT REALTY TRUST — Property Description: 90 Pocomo Avenue Map 15, Parcel 43 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 15, Parcel 43 90 Pocomo Road Limited Use General -3 (LUG -3) DECISION: Certificate of Title No. 24369 Land Court Plans: 16220-H, Lots A-11 and A-12; 16220-F, Lots A-6 and A-7 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, March 8, 2018 (continued from December 14, 2017, January 11, 2018, and February 8, 2018), at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of KRISTEN ENGLE, as Trustee of POCOMO POINT REALTY TRUST, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 48-17: 2. The applicant proposes to move the nonconforming single-family dwelling upon locus because of erosion of the coastal bank, on the following facts as represented in the application. The dwelling has status as a pre-existing, nonconforming structure by virtue of M.G.L., c. 40A, § 7, because it has been in existence in its present location and configuration for a period in excess of ten years. The height of the structure at present, as measured under the Nantucket Zoning By- law, is about 30.7 feet above average mean grade, with 30 feet being the maximum permitted under By-law § 139-17.A; the height of the northerly elevation is about 32.8 feet above grade, with the maximum for any one side under the By-law being 32 feet. Because of the contours of the lot, the result of moving the dwelling will be that the height above average mean grade will increase, even though the absolute elevation of the roof peak, being the highest point of the structure, as measured from 1934 half-tide datum, will not be increased. Ground cover of the existing structures upon locus is 5,632 square feet, and lot area is about 170,393 square feet (having been diminished by erosion since the structures were erected), for a ground cover ratio of about 3.30%, with 3% being the maximum in this LUG -3 district; this would be unchanged in the proposed new location. The applicant requests relief by Special Permit under By-law § 139- 33.A(1) and (4) for the alteration of the existing structure by relocation on the lot, thereby increasing existing nonconformities without creating new nonconformities, and reconstruction by relocation without increasing the nonconforming ground cover ratio. The locus is situated at 90 POCOMO ROAD, Assessor's Parcel 15-43, consists of Lots A-11 and A-12 on Land Court Plan 16220-H and Lots A-6 and A-7 on Land Court Plan 16220-F, and is situated in the Limited Use General -3 zoning district. 2 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. Comments were received from counsel to one abutter but there were no comments on the applicant's revised proposal as presented at the March 8, 2018, Board of Appeals meeting. No other comments or opposition were presented at the public hearing. 4. After making certain revisions, at the March 8, 2018 meeting the applicant presented a proposal, as shown upon the ZBA Exhibit Proposed Conditions Plan, as revised and signed and stamped by Paul J. Santos, Professional Land Surveyor, on March 8, 2018, which is attached hereto as "Exhibit A". Under this proposal, the height of the roof peak above average mean grade will be increased from about 30.7 feet to about 32 feet, with the height of the northerly elevation increasing from about 32.8 feet to about 35.5 feet; however, the height of the roof peak measured from 1934 half-tide level datum will actually decrease from about 65.8 feet to about 62.8 feet. The present nonconforming ground cover ratio of about 3.30% will not change. 5. The Board of Appeals, by UNANIMOUS vote, found that the structure upon locus has been in existence in its present configuration for a period in excess of ten years and thus has the status of a pre-existing, nonconforming structure under M.G.L., c. 40A, § 7; and that the proposed changes, as described above in Paragraph 4 of this decision, will (technically) increase the existing nonconformity as to the height of the structure above average mean grade although the absolute height of the structure will actually decrease, while the existing nonconforming ground cover will not change, and these changes will not be substantially more detrimental to the neighborhood than the existing nonconformities; and accordingly, by the same unanimous vote, GRANTED the requested relief by SPECIAL PERMIT, subject to the condition that the proposed work will be done in substantial conformity with this decision and the above - referenced "Exhibit A". 3 Assessor's Map 15, Parcel 43 90 Pocomo Road Limited Use General -3 (LUG -3) Dated: March 8, 2018 Certificate of Title No. 24369 Land Court Plans: 16220-H, Lots A-11 and A-12; 16220-F, Lots A-6 and A-7 COMMONWEALTH OF MASSACHUSETTS 4o u Nantucket, ss. On the dayo 2018, before me, the undersigned notary public, personally appeared / m� 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 d deed and voluntarily for the purposes therein expressed. tt� Official Signature and Seal of Notary Public My commission expires: l _ t "EXHIBIT A" I I TI 1 O I' , Z 1 p c 2 N 0 ( 6 � I O 011 2O 2��`QV Y d�O Q 1 1 (NVId 'O'l) T,9Z£', -- (iv101) T,£££ i, s M' x04,00.49 S 1 I L__J F�dIO1 d�.99Z9Z'— ,', i iOTB' Q�„ NG — , a�_.�. •.. iii `t'o I "' x 03J'lo Q V) w Z >n 2 STORY _ Fp GARAGE/►�nn - - f 1 • 1 ¢ ! ni -. -� I 1• i" 1 m 1 p S APARTMENT;41ep I i <� j oil 006991 M OTO 69Cpi W bt I-- L .• x ag O z , T.66Z M .04,0.99 5 i -- — — — —- -- I i _ J T,69 I 00'0£- 1 I I i i h O 51 1 � o NK uta a �ff>i tt �t77 U SL w m '� ! J$$ 3 Z N i ffro3i2X =v S 3 $� i r tl w N" " bi 2 it 9 8:a cn _ i te d3 File No. TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 Map Parcel IIs Print Form This agreement to extend the time limit for the Board of Appeals to make a decision, hold a public hearing, or to take other action concerning the application of: Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A of the Massachusetts General Laws, Applicant(s)/Petitioner(s) and the Zoning Board of Appeals hereby agree to extend the time limit O For a public hearing on the application O For a written decision 9 For other action Ct, 7f'tt fD�li�itlU� / NG Such application is: O An appeal from the decision of any administrative official O A petition for a special permit A petition for a variance O An extension O A modification r % The new time limit shall be midnight on V VI:� � ? 0 III $ which is not earlier than a time limit set by statute or bylaw. The Applicant (s), attorney, or agent for the Applicant represented to be duly authorized to act in this matter for the applicant, in executing this agreement waives any rights under the Nantucket Zoning Bylaw and the State Zoning Act, as aynt)kd�, to the extent, but only to the extent, inconsistent with this agreement. For Applicant (s) For Zoning Board of Appeals 3-/0.2010 Effective Date of Agreement 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile Town Clerk Stamp: