HomeMy WebLinkAbout27-18 5 Old Farm RoadTOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
Fee: $300.00
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File No. Z �48
Owner's name(s): Patricia Martone Carrolo and Joseph G. Carrolo
Mailing address: c/o Reade, Gullicksen, Hanley & Gifford, LLP
6 Young's Way, Post Office Box 2669, Nantucket, Massachusetts 02584
Phone Number: 508-228-3128 E -Mail: air@readelaw.com
Applicant's name(s): Same
Mailing Address: Same
Phone Number: Same E -Mail: Same
Locus Address: 5 Old Farm Road Assessor's Map/Parcel: 55-921
Land Court Plan 12559-G, Lot 12
Certificate of Title: 26158 Zoning District
Uses on Lot- Commercial: None Yes (describe)
Residential: Number of dwellings Two proposed
Date of Structure(s): all pre -date 7/72 or
Building Permit Numbers:
Previous Zoning Board Application Numbers:
Residential -1 (R-1)
Duplex Apartments
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
F:\WpC\Carrolo\ZBA application for B-2018.docx
State below or attach a separate addendum of specific special permits or variance relief applying for:
The applicants request relief by Special Permit under Nantucket zoning
By-law §139-18.D, for waiver of one of the two parking spaces required
for their proposed primary and secondary single-family dwellings upon
locus. In the R-1 zoning district, one parking space is required for
the primary dwelling and 0.6 parking space is required for each
bedroom in the secondary dwelling; one bedroom is proposed in the
secondary dwelling, so the 0.6 required parking space is rounded to
one. Locus slopes from the front toward the rear, and is tapered,
being wider at the front than the rear; meanwhile, the Planning Board
decision approving the subdivision required the provision of on -
street parking spaces along the frontage of locus and partially within
locus by easement.
I certify that the information contained herein is substantially complete and true to the
best of my knowledge, under the pains and penalties of perjury.
SIGNATURE: Patricia Marione Carrolo and Josefih G. Carrolo Owner*
By: /
SIGNATURE: / Appheemt/Attomey/Agent
rthur I. Reade, Jr.
OFFICE USE ONLY
Application received on:_/_/_ By: Complete: Need Copies:
Filed with Town Clerk:_/_/_ Planning Board:_/_/_ Building Dept.:-/-/- By:_
Fee deposited with Town Treasurer:_/_/_ By: Waiver requested:
Granted:—/—/— Hearing notice posted with Town Clerk:_/J_ —Mailed:—/--/—
I&M_/_/_ &_/_/_ Hearing(s) held on:_/_/_ Opened on :_/_/_
Continued to:_/_/—Withdrawn:—/—/— Decision Due By:_//_
Made:—/—/— Filed w/Town Clerk:—/—/— Mailed:—
/ -/-
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
F:\wpc\Carrolo\2BA application for B-2018.docx
Town and County of Nantucket, MA
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July 10. 2018
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Property Information
Property ID 55921
Location 5 OLD FARM RD
Owner CARROLO JOSEPH G & PATRICIA M
#2 "
MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
Town and county of Nantucket, MA makes no claims and no
warranties, expressed or implied, concerning the validity or
accuracy of the GIS data presented on this map.
Parcels updated June 2018
Properties updated 07/1012018
OLD FARM A OA D
E)as-nNG CURB CUT W7:FHI
GROUND COVER: 30%(MAX) 22%
PROPOSED
110'
BRICK APRON
MAIN HOUSE : 1 SPACE REQUIRED
PLAN S C ALE
MIN. DEPTH
SECONDARY
R
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NOTES.
DWELLING: 0.6 SPACES REQUIRED 0 3
6 9 12 15 22.5 30 45
ON-STREETPAKIG SPACES ss.p
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TOTAL -1.6 SPACES REQUIRED
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PATRICIA M. CARROLO
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GLE-FAMILY 9 NG
PROPOSED
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66�
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3. DEED REF: Cert X26161 58
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Prepared for
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JOSEPH & PATRICIA CARROLO
5411 s.f.
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BW=59.5
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PROPOSED LANDSCAPE STAIRS
1,5971 s.f.
50
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TW --60.0r
r F.F. = 64.3
BW --59.5
MAP 55 PARCEL 922
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MAP 55 PARCEL 920 _
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PARCEL 921
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GROUND COVER: 30%(MAX) 22%
(29I4f s/.) (21381 sL)
MAIN HOUSE : 1 SPACE REQUIRED
PLAN S C ALE
SECONDARY
NOTES.
DWELLING: 0.6 SPACES REQUIRED 0 3
6 9 12 15 22.5 30 45
/
TOTAL -1.6 SPACES REQUIRED
59x05.3'
TW--59-0BW--54.09
1 SPACE PROVIDED
1 inch = 15 feet
2 OWNER: JOSEPH G. CARROLO and
.
PROPOSED SECONARY
PATRICIA M. CARROLO
BW --56.0
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PROPOSED
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3. DEED REF: Cert X26161 58
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Prepared for
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JOSEPH & PATRICIA CARROLO
5411 s.f.
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HAZARD ZONE
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(fax) 508.633.2282 www.brackenong.com
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LOT AREA:
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9,712± s.f.
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FRONTAGE:
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65.80'
FRONT YARD:
10'
19.1'±
46-
SIDE/REAR YARD:
5'
5.3'±
PARKING REQUIREMENTS
GROUND COVER: 30%(MAX) 22%
(29I4f s/.) (21381 sL)
MAIN HOUSE : 1 SPACE REQUIRED
PLAN S C ALE
SECONDARY
NOTES.
DWELLING: 0.6 SPACES REQUIRED 0 3
6 9 12 15 22.5 30 45
1. LOCUS: /5 OLD FARM ROAD
TOTAL -1.6 SPACES REQUIRED
' - _
MAP 55 PARCEL 921
1 SPACE PROVIDED
1 inch = 15 feet
2 OWNER: JOSEPH G. CARROLO and
PATRICIA M. CARROLO
PLAN TO ACCOMPANY A
18 REGENCY RIDGE
BUCTREEN
SECONDARY DWELLING APPLICATION
ANDOVER,01810
IN NANTUCKET, MASSACHUSETTS
3. DEED REF: Cert X26161 58
4. PLAN REF: LC Plan /12559-G (LOT 11)
Prepared for
49 HERRING POND ROAD 19 OLD SOUTH ROAD
JOSEPH & PATRICIA CARROLO
5. LOCUS DOES NOT FALL WITHIN A SPECIAL FLOOD
BUZZARDS BAY, MA 02532 NANTUCKET, MA 92554
HAZARD ZONE
(teI) 506.833.0070 (tel) 506.325.0044
#5 OLD FARM ROAD
Date:
D-:
Check d:
Sheet
Il"of
(fax) 508.633.2282 www.brackenong.com
MAP 55 PARCEL 921
JULY 3, 2018
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Town of Nantucket
Zoning Board of Appeals
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LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER...... Patricia Martone Carrolo and Joseph G. Carrolo
MAILING ADDRESS ...... c/o Reade, Gullicksen, Hanley & Gifford: LLP
PROPERTY LOCATION ... 5 OId Farm Road .. . . . . . .. ................................. .
ASSESSOR MAP/PARCEL.. Map 55: parcel 921
SUBMITTED BY... Reade, Gullicksen, Hanley & Gifford, LLP
SEE ATTACHED PAGES
I certify that the foregoing is a list of all persons who are owners of abutting
property, owners of land directly opposite on any public or private street or way;
and abutters of the abutters and all other land owners within 300 feet of the
property line of owner's property, as they appear on the most recent applicable tax
list (M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139-29B
(2)•
DATE
ASSESSOR'S OFFICE
TOWN OF NANTUCKET
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55 55 5544
NANTUCKET TOWN OF GG DEVELOPMENT LLC WHELDEN ERNEST E TR
16 BROAD STREET PO BOX 290452 PO BOX 454
NANTUCKET, MA 02554 CHARLESTOWN, MA 02129 NANTUCKET, MA 02554
55 55 5544
OWNERS UNKNOWN GG DEVELOPMENT LLC NANTUCKET TOWN OF
PO BOX 290452 16 BROAD ST
NANTUCKET, MA 02554 CHARLESTOWN, MA 02129 NANTUCKET, MA 02554
55 55 5544
NANTUCKET TOWN OF 4 OLD MILL COURT LLC UNSCHULD IRA L
C/O PARK & REC C/O 4 EVERGREEN DR 150 EAST 56TH ST APT 7C
2 BATHING BEACH RDD RUMSON, NJ 07760 NEW YORK, NY 10022
NANTUCKET, MA 02554
55 55 5544
TOO CATO LLC GG DEVELOPMENT LLC NANTUCKET ISLANDS LAND BANK
PO BOX 861 PO BOX 290452 22 BROAD STREET
NANTUCKET, MA 02554 CHARLESTOWN, MA 02129 NANTUCKET, MA 02554
55 55 5544
STOFFEL WILLIAM P & CHRISTINE M 3 OLD MILL COURT LLC CRAIG CHRISTOPHER A
25 DELLWOOD AVE C/O 4 EVERGREEN DRIVE 6 JOY ST
CHATHAM, NJ 07928 RUMSON, NJ 07760 NANTUCKET, MA 02554
55 55 5544
GG DEVELOPMENT LLC GG DEVELOPMENT LLC STOJACK EDWARD A TRST ETAL
PO BOX 290452 PO BOX 290452 PO BOX 1213
CHARLESTOWN, MA 02129 CHARLESTOWN, MA 02129 NANTUCKET, MA 02554
55 56 5544
GG DEVELOPMENT LLC CATHOLIC CEMETERY WYANT DOMINIQUE H JR & MARTHA T
PO BOX 290452 BOX 1168 445 GLENCASTLE DRIVE
CHARLESTOWN, MA 02129 NANTUCKET, MA 02554 ATLANTA, GA 30327
55 5544 5544
GG DEVELPMENT LLC NANTUCKET ISLANDS LAND BANK MANUS PETER & DEBORAH
PO BOX 290452 22 BROAD STREET 36 CEDAR LANE WAY
CHARLESTOWN, MA 02129 NANTUCKET, MA 02554 BOSTON, MA 02108
55 5544 5544
CARROLO JOSEPH G & PATRICIA M NANTUCKET ISLANDS LAND BANK ANDERSON DEBORAH
18 REGENCY RIDGE 22 BROAD STREET P O BOX 1018
ANDOVER, MA 01810 NANTUCKET, MA 02554 NANTUCKET, MA 02554
55 5544 5544
MATTHEWS LINDSLEY WHELDEN HAROLD R & COLLEEN S TR CHRAPPA RITA C ETAL
PO BOX 532 ERNIE GERT IRREVOCABLE TRUST PO BOX 2449
NANTUCKET, MA 02554 14 BALTIMORE STREET NANTUCKET, MA 02584
NANTUCKET, MA 02554
OLD
EXISTING
FARM ROAD
PROPOSED
10' MIN. D
ON—STREET
PARKING SPACES
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PROPOSED PRIMARY RY
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67-
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: September 6, 2018
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No.: 27-18
Owner/Applicant: PATRICIA MARTONE CARROLO & JOSEPH G. CARROLO
Property Description: 5 Old Farm Road
Map 55, Parcel 921
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 55, Parcel 921
5 Old Farm Road
Residential One (R-1)
DECISION:
Certificate of Title 26158
Land Court Plan 12559-G
Lot 11
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, August 9,
2018, at 1:00 P.M., at Four Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of PATRICIA MARTONE CARROLO and JOSEPH
G. CARROLO (the "Applicant"), c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office
Box 2669, Nantucket, Massachusetts 02584, in File No. 27-18.
2. Applicants are seeking Special Permit relief pursuant to Zoning By-law Section 139-18.13
for a waiver from the provisions of Section 139-18.B. Specifically, Applicant proposes to
provide one off-street parking space where 1.6, or two spaces per Section 139-18.A(3), are
required in connection with construction of primary and secondary dwellings. The Locus is
situated at 5 Old Farm Road, is shown on Tax Assessor's Map 55 as Parcel 921, and as Lot 11
upon Land Court Plan 12559-G. Evidence of owner's title is registered on Certificate of Title
No. 26158 at the Nantucket County District of the Land Court. The site is zoned Residential 1
(R-1).
3. The Board's decision is based upon the application and accompanying materials,
representations, and testimony received at the public hearing. There was no Planning Board
recommendation as their meeting occurred after this Board's meeting. There was opposition,
both written and oral, presented at the hearing.
4. Attorney Arthur Reade, counsel to the Applicants, architect Sophie Metz, and the owners
represented the application at the hearing. Attorney Reade explained that the applicants are
seeking a waiver of one of the two spaces which would be required pursuant to By-law Section
139-18.B in the event that a one bedroom secondary dwelling were to be constructed on the rear
of the lot. There is on -street parking in the Woodland Hill Subdivision with an easement
established by virtue of the Approval Required Decision and plan. He further elaborated upon
the circumstances behind the requested relief as they relate to Planning Board subdivision
approval, the unique topography of the Locus, and the proposed building program as shown upon
plan entitled "Plan to Accompany A Secondary Dwelling Application in Nantucket,
2
Massachusetts", dated July 3, 2018, and prepared by Bracken Engineering, Inc. Atty. Reade
maintained that the layout of the proposed structures upon the lot is such that there is no place to
put an additional parking space without compromising the primary dwelling, the width of which
is dictated by the fact that there is a reasonably level area on the north section of the lot whereas,
it slopes down in the back. He confirmed that the subdivision's Architectural Review Committee
("ARC") had approved the proposed improvements to the Locus, inclusive of the single parking
space.
5. The Board noted that the one proposed parking space is shown as a compact 7' x 17'
space. They asked the architect to explain the reason for the east/west orientation of the main
house, noting that if it were turned 180°, the locus could accommodate two compliant parking
spaces. Sophie Metz explained that rotating the house would be impractical as the structure
would be running down the hill and, as it stands, the original house had been downsized to
maximize yard space upon the premises. She further maintained that there are significant
drainage complications with the development that inform the orientation and siting of the
structures.
6. The owners/applicants, Mr. and Mrs. Carrolo, explained that they are requesting this
particular waiver because they have recently become year-round residents. They would like to
have a secondary dwelling for their elderly parents and grown children. They asserted that they
have no intention of renting. They manage with one car and typically go to town by foot to avoid
having to park downtown. They further explained that the overall site design is intended to
maximize green space. The Board was reminded that the plans approved by the Historic District
Commission under Certificates of Appropriateness Nos. 67475 and 67671 gained unanimous
approval from the ARC in February 2018.
7. The applicants are seeking relief pursuant to Section 139-18.1) which reads:
Relieffrom parking requirements:
(1) May be secured through the issuance of a special permit by the special permit
granting authority, provided that such authority finds;
(a) That the granting of such relief is in harmony with the general purpose and
intent;
(b) That full compliance is physically impossible for the applicant to provide, or,
ifphysically possible, would have a significant adverse effect upon the scenic or
historic integrity of the neighborhood; and
(c) The granting of relief would not be contrary to sound traffic, parking or safety
considerations; [... J
8. Testimony was taken from Jim Grant who represents the original developers and retains
ownerships of six of the lots within the Woodland Hill Subdivision (consisting of 10 buildable
lots and 3 roadway lots). He urged the Board to deny the requested relief. The on -street parking
3
provided within the development is designed to furnish spaces for visitors. His concern is that the
property could eventually be sold to someone who could convert it into a rental property which
would likely place a heavy burden on available on -street parking.
9. Based upon the facts, representations, and testimony received during the hearing, the
Board found that the locus allowed for alternatives which would preclude the need for relief. The
proposed structures could be relocated and/or reoriented to create adequate space to meet the
required parking requirements pursuant to Section 139-18.B.
10. A MOTION was made and duly seconded to grant the SPECIAL PERMIT for the
relief sought by the Applicant pursuant to Zoning By-law Section 139-18.13(1) based on the
finding that the granting of such relief would be in harmony with the general purpose and intent;
that full compliance would be physically impossible for the applicant to provide, or, if physically
possible, would have a significant adverse effect upon the scenic or historic integrity of the
neighborhood, and; that the granting of relief would not be contrary to sound traffic, parking or
safety considerations.
11. The MOTION DID NOT CARRY by virtue of a vote of four (4) opposed (Toole,
Botticelli, O'Mara, Koseatac) and one (1) in favor (McCarthy). Therefore, the Board DENIES
the request for relief by SPECIAL PERMIT pursuant to Massachusetts General Law Chapter
40A, Section 9 and Nantucket Zoning By-law Section 139-18.
rd
Assessor's Map 55, Parcel 921
5 Old Farm Road
Residential One (R-1)
Dated: September 6, 2018
Nantucket, ss.
Certificate of Title 26158
Land Court Plan 12559-G
Lot 11
COMMONWEALTH OF MASSACHUSETTS
On theday of, 2018, before me, the undersigned notary public,
personally peared , 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. -A
Official Signature and Seal of Notary Public
My commission expires: