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HomeMy WebLinkAbout42-18 16 Greenleaf RoadFee: $450.00 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 0 APPLICATION File No. Owner's name(s): Deborah Bardh Rogers and William H. Roberts Mailing address: 16 Greenleaf Road, Nantucket, MA 02554 Phone Number: 508-228-0771 Applicant's name(s): Same Mailing Address: Same E -Mail: John@ghddenandglidden.com Phone Number: 508-228-0771 E -Mail: John@gliddenandglidden.com Locus Address: 16 Greenleaf Road Assessor's Map/Parcel: 39 / 48 Land Court Plan .: Lot 65, L.C. Plan No. 15209-F Deed Defer -e e /Certificate of Title: 10,689 Zoning District: LUG -2 Uses on Lot- Commercial: None Yes (describe) Residential: Number of dwellings: 2 Duplex Apartments Date of Structure(s): 1979; 2017 Building Permit Numbers: Previous Zoning Board Application Numbers: 063-93 '.. TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: August (� , 1993 CERTIFICATE OF GRANTING OF VARIANCE�ti�ff�xi�'i%x'� (Massachusetts General Laws, Chapter 40A, Section 11) The BOARD OF APPEALS of the TOWN OF NANTUCKET, hereby certifies that a VARIANCE XR#JRXXFiURcJUkXRc j5fXhas been GRANTED: To•(Owner/Applicant) Deborah Bardh Rogers (063-93) affecting the rights of the Owner/Applicant with respect to land or building at: 16 Greenleaf Road, Assessor's Map 39, Parcel 48, as shown in Land Court Plan 15209-F, Lot 65 Cert. of Title# 10, 689 And the BOARD OF APPEALS further certifies that the attached Decision is a true and correct copy of its Decision GRANTING the VARIANCE kX"cjtVgjtX#nd that copies of the Decision and of all plans referred to in the Decision have been filed with the Planning Board and the Town Clerk. The BOARD OF APPEALS calls to the attention of the Owner/ Applicant that General Laws, Chapter 40A, Section 11 (last paragraph) provides - that no VARIANCE xx3dwxxXRX9%JMXRJMXXxX or any EXTENSION, MODIFICATION or RENEWAL thereof, shall take effect until, -(a) a copy of the Decision is certified by the Town Clerk that TWENTY (20) days have elapsed after the Decision has been filed in the office of the Town Clerk and no appeal has been filed (or, if such appeal has been filed, that it has been dismissed or denied) and (b) the certified copy is recorded in the Registry of Deeds for the County of Nantucket and indexed in the grantor index under the name of the Owner of Record or is recorded and noted on the Owner's Certificate of Title. The fee for such recording or registering shall be paid by the Owner/Applicant. Chairman v CMrk ~TUCk,� TOWN OF NANTUCKET 089585' BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: August 6 1 19 93 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the fol3_owing: Application No. 063-93. Owner/Applicant: DEBORAH BARDH ROGERS Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in 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 an complaint in 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. Ann Balas, Vice - Chairman cc: Town Clerk Planning Board Building Commissioner NANTUCKET ZONING BOARD OF APPEALS 3 South Beach Street Nantucket, Massachusetts 02554 TYV�j Map 39, Parcel 48 16 Greenleaf Road Land Court Plan 15209-F, Lot 65 Certificate of Title No. 10689 LOG -2 At a public hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M. on Friday, July 16, 1993, at the Town and County Building, Federal and Broad Streets, Nantucket, Massachusetts, on the application of DEBORAH BARDH ROGERS/ c/o Reade & Alger Professional Corporation, 6 Young's Way, Post Office Box 2669, Nantucket, Massachusetts 02584, Board of Appeals File No. 063-93, the Board made the following DECISION: 1. The applicant seeks relief by variance pursuant to Nantucket zoning By-law Section 139-32.A from the minimum lot area requirement under Section 139-16.A in order to validate her existing lot containing about 77,413 square feet; minimum lot area in this district is 80,000 square feet. The Locus is situated at 16 Greenleaf Road, Assessor's Parcel 39-48, is shown as Lot 65 on Land Court Plan 15209-F, and is situated in a Limited Use General -2 zoning district. 2. The Locus is part of a parcel which was separated into a six -lot subdivision in 1978, after the present minimum lot area requirement had come into existence. Five of the six lots created thereby, including the Locus, were shown by the Plan, as filed with and endorsed by the Planning Board and as filed with and approved by the Land Court, to have lot area of 80,000 square feet; in fact, each of these five lots contains lot area of about 77,413 square feet. As described in our decision in the Fox case, our file 020-93, which involved another lot similarly situated, the surveyor who prepared this plan is deceased, and his firm has subsequently been the subject of bankruptcy proceedings. (See also companion case 064-93.) 3. The Board's decision is based upon the application and documents filed with it, and the testimony, evidence and representations presented at the hearing.was d d Board's recommendation was unfavorable. No opposition as at our hearing. 4. The Locus contains a dwelling, said to have. been constructed in about 1979; in any event, it was in existence when it was purchased by the applicant in 1983. The applicant's representative informs us that the applicant was unaware of the existence of any zoning nonconformity until she learned of it through the Fox case. Meanwhile, her former husband, Allan W. Rogers, had acquired the adjacent Lot 64, a vacant lot having the identical nonconformity, in 1984, and on February 9, 1993, the applicant received a conveyance of Lot 64 as a part of the property settlement in their divorce- %V%74_304 5. We find by unanimous vote of the five members sitting on this case that, owing to the unique circumstances relating to this subdivision (the erroneous certification of lot area by a now -deceased surveyor against whom no recourse is available to the applicant) and the Locus, a literal enforcement of the provisions of the By-law relating to minimum lot area would involve substantial hardship to the applicant (in that the Locus would otherwise be unable to be conveyed separately from the applicant's adjacent lot), and that desirable relief may be granted without nullifying or substantially derogating from the intent or purpose of the By-law, and grant the requested variance relief to validate the Locus as a separate lot for zoning purposes. 6. Unlike the Fox case, the applicant's dwelling in this case does not exceed the maximum permitted ground cover ratio of 4%; present ground cover, as per the plot plan submitted to us by John J. Shugrue, -Inc., dated July 15, 1993, shows ground cover of 2,102 square feet, or shout 2.72% of this lot containing about 77,413 square feet. No,relief from ground cover requirements was requested,.,,ind mone is granted. Maximum permitted ground cover for this 'lot accordinglcy is that permitted in this zoning district, -basad upon actuel lot area; at the present time, this is 4$ of�,41square fe�est, or 3,096 square feet. 111 * s Dated: 933 RECOVED . TOWN CLERK'S OFFICE }= NANTUCKET, MA 02554 AUG 0 6 1993 TIME, �D D AM I r. CLERK: f^ ejw/28/BOADECIS Nancy J. Sevrens- EXHIBIT C t:�, �-�A� C- 5a;� 41 lo ��- BUILDING PERMIT NUMBER APPLICATION FOR BUILDING PERMIT IMPORTANT -Applicant to complete all items in Sections: 1, 2, 3, 4, and 5 Please Print 1. OWNERS NAME (print): �0 e -Y' b IBJ e t0o�4 �l LOCATION Last irst Viddle Initial OFI G re-cxll eR � y e cd BUILDING No. Street ,( 3 Assessor's Parcel No. Assessor's Map No. I 2. TYPE AND COST OF BUILDING - All applicants complete Parts A-E \ tl A. -I-),PE OF IMPROVEMENT NERSHIP Private D. DIMENSIONS Dimensions of Structure ` Q/New Building First Floor Area: �j' .3 � S, IF LJ Addition IJ Public Second Floor Area: 0 0 SC' U Alteration Third Floor Area: ❑ Repair, replacement C•. COST Total Floor Area: ❑ Demolition TOTAL COST OF IMPROVEMENT S 3 Sr �n O 00C� dv Full Cellar Area: CJ Moving PROPOSED USE . Detail scope of work by floor & provide the Residential square footage. ❑ One Family ❑ Studio ❑ Two or more family - Enter number of units ❑H el, Motel, Dormitory 7enfer number of units Second Dwelling ❑ Garage ❑ Pool ❑ Other - Specify C; 5 For new buildings and additions, complete Parts D -N 3. SELECTED CHARACTERISTICS OF BUILDING for Demolition, com tete ly Part 1., for all others skip to 4. FP NCIPLE TYPE OF FRAME H. TYPE OF SEWAGE DISPOSAL K. ACCESSORY HEAT SOURCE ood frame ❑ Public No. of fireplaces ❑ Other - Specify Private (septic tank, etc.) Exist �. No. of Wood Stoves _ Other: G. PRINCIPLE TYPE OF HEATING ❑ Gas ❑ Electricity ❑/oil ❑ Heat Pump 0 Other - Specify V RF I. TYPE OF WATER SUPPLY ❑ P lic Private (well) �c3�•� J. SMOKE DETECTORS No. of Detectors See Plan for Location L. RESIDENTIAL BUILDINGS Number of Bedrooms Z� Number of Bathrooms � Full Partial 3. Continued M. ENERGY CONSERVATION Type Thickness R Value d Foundation or Floor insulation Wall Insulation a a 3i 5 u Z t vv►:�. `` Ceiling or Roof Insulation Window Glazing: Insulated Glass Double Glass /- Storm Doors: Insulated Yes �_ No Weatherstripped: Yes / No Percentage of Window Area to Wall Area: N. STRUCTURAL CHARACTERISTICS OF BUILDING Applicant is required to submit complete structural framing plans with application due to -the complexity of the structure, if the following information is insufficient for proper plan review. Foundation " Footing size: 21 X VX Footing reinforcing: l z> S 5.L� Wall material: Wall thickness: Wall height: `�� - 0Wall reinforcing: 2 o b -t +12 o.c.. VeYt'% Pier or column size: 3u L Pier or column spacing: Pier or column footing size: 3o"x3o�x IaR Pier or column reinforcing: (!I) * No. of crawl space vents: — Crawl space: ❑ Full ❑ Partial _ �► �� 1 u FRAMING: Main Carrying members: Size: (� i `�t�4 x 1(a PSL Support Spacing: 17 - cl First Floor Framing Joist sizer 2x10 Maximum Span: IRI'.`` Maximum Spacing: �(.° o. �^ Second Floor Framing Joist size: Maximum Span: z` `"t�Maximum Spacing: V.a o. C-. Ceiling Framing Joist size: Maximum Span:"= Maximum Spacing: 1(,` O•C-- Roof Framing Joist size: 2X e' Maximum Span: �,� O" Maximum Spacing: 12. �•C . Roof Truss Applicant must submit design calculations for all wood trusses stamped by a Registered Professional Engineer. SKETCH OF PROPOSED WORK (minor projects) l s r 3 Z x t 0 32-0 oJlrc Z Iaa t L4 ZS i` 1 o$.eo Li 3 22 x 7jgl.cONY t0 X D %C1x• 2S Zo.00 NOTES AND DATE For Department Use FEE CALCULATIONS s► 53 ti 2ND Luiao 14 531 t6`to.o ISLAZ 1 O Q . Ly Z a11- I o I-A4..ov 0 Iii 1 4. ZONING COMPLIANCE To be completed by all applicants I Applicant is required to submit a registered plot plan with application, showing location of all structures. Zoning District: 11&�. 2 Total Land Area: `S Acres -,Y �%�. AN -51 5Tr ,"Frontage on Street: b"7 Y}, Lot No.: . S Plan Book No. and Page: 001p - („ Q,`I Land Court Plan No.: 1!52 2-9n - F Date Lot Purchased: Certificate No.: V 'I Name of Previous Owner: " SUBDIVISION INFORMATION Name of Owner: a Pmt eV of 1L QV t _D Date of Plan Approval: ijQ.+D�_ 2 �. ~% Type of Approval: ANR .� AR Planning Board File No.: Is the Subdivision subject to a Covenant: YES NO Is a Release required: YES NO / Has Plan been filed with the Registry of Deeds? YES ✓ NO If YES: Plan Book and Page No.: r; $ Date TIME SHARING INFORMATION Is there a declaration of Covenants and Restrictions of Interval Ownership noted on your Title or Deed? / Yes No ✓ DIMENSIONS Distance from Property Lines: FRONT GG* �} REAR �g t F} LEFT 11 —0 RIGHT 4-3t Ft Distance between Principal and Secondary Dwelling: . 5 } (12ft. minimum)< < �, 1 Height of structure above finish grade: N" 270" E ZG `(.a S 2,+ G� W Number of off-street parking spaces: Enclosed (^2) On=site_ GROUND COVER _ Principal Dwelling: Z. S T)Secondary Dwelling: 5 3 1 SF TJw� Addition: Garage: Accessory Building: Swimming Pool: Other: MISCELLANEOUS Total: 3 O �% 3 SF. Allowable: 3O �i �a SF. Was a request to "Determine Applicability of the Protection Act" filed with the Nantucket Conservation Committee? YES If answered YES, include "Order of Conditions" with application. What date was the "Order of Conditions" with application. What date was the "Order of Conditions" filed with the Registry of Deeds? — Is the property located within a Flood Hazard district? YES NO Was a Variance or Special Permit granted by the Board of Appeals? YES NO ✓ If answered YES, what date was the decision filed with the Town Clerk? FOR ZONING OFFICER Minimum Lot Size: Frontage on Street: _ Front Yard: Additional Comments: Ground Cover Ratio: Side and Rear Setback: Secondary Dwelling approval Board of Appeals Lot Release Form Date:�b %—A APPROVED BY: Zoning Officer NO ✓ 5. IDENTIFICATION - To be completed by all applicants Name Mailing address - Number, street, city and state Zip Code Telephone No. I el D ► \ �d Q 1 � SEPTIC l y ci �, Owner or Lessee 2 S� ,, 73 WATER WELL COMPLETION REPORT � 2. Print Name Sc.otk �7 0. d . Geo 9 Builder's License ense 2Z 8 0 Contractor Sign re �e� O Date Z, t3.1 5o` . z,,K 'L 3. Contact Person I �A heh 5 D Date 2--13-17 2 g 9 Works Compensation Insurance Certificate or Affidavit must be submitted with this application. I hereby certify that the proposed work is authorized by the owner of record and that 1 have been authorized by the owner to make this application as his authorized agent and we agree to conform to all applicable laws of this jurisdiction. Signature of applicant Address Telephone # Z� S 9 � t Sb-&-uYY ' �- g/� %166-1 t-avrn NY. 3,yA, . ( 1 -IQs OZ!! -6f C—�, W%LV*nA�6,1VW Print name �4��ar. r't` M,hk\-L , E -Mail Address: 4$bdctrkth , cowl. DO NOT WRITE BELOW THIS LINE 6. PLAN REVIEW RECORD - For Office Use Plans Review Required HISTORIC DISTRICTS COMMISSION Q SEPTIC l y ci SEWER 7%i -0 GIc WATER WELL COMPLETION REPORT CONSERVATION COMMISSION FIRE CHIEF OVER -THE -ROAD (Board of Selectmen) ROAD OPENING PERMIT (DPW) tggpE Z t PLUMBING ELECTRICAL 7. VALIDATION Building Permit Issued Building Permit Fee L-1 d Date of Issuance of Certificate of Occupancy FOR DEPARTMENT USE ONLY Use Group Occupancy Load Census No. Approved by: Building �Com i inner EXHIBIT D �y w x n � rA N � z cn w z 0 LN It H O z W r 00 G J 0 0 O H O z W r 00 k m 901 tt 0 M r n fl - o r x d � n r o Iz o z �- m 901 tt 0 M r n fl - 3-60Z9t ON NVId '01 :NVIOI83V4 5. AE I O O w OCZ 4. (n O CDC 00 F- II O 0 r `lam bi W iI Q Q Q W < O � � U W Q' pE 1 254 01 GR��NLE p,F 89,5 — 0 0 � 1�8 j0 + r. s d « Q' c� (If i W J (0 00 �i rI�S N .0 r � aw Gln s U Q J Q 0Q r����1�� OCL J J J S p tD 1 ELL Q Vl -j -j w Of V 0 -d T U Ori W(7<11 LLx1\ �d�7\ 1/ UNFnQH ?U)Z WaU� w OCZ 4. (n O CDC 00 F- II O 0 r `lam bi W iI Q Q Q W < O � � U W Q' pE 1 254 01 GR��NLE p,F 48.2j O am W Q�1 m 10 z=n z a 11 1 0 W 0 0 W In Q' c� (If i W <cio (0 00 W Z 0 w ¢ �U N .0 -Z � aw F~ ^ :z a Q U Q J Q 0Q W L')\ U d - J J J O aU tD W U U Z V) It ELL Q Vl -j -j w Of V 0 -d T U Ori W(7<11 Q I UNFnQH ?U)Z WaU� CL Z Z: 0 U U W d W x Q J WW 0 W O U U)>- Z w't X X U) O Q W3W C3 aN�a N L,-tWi_ N� 0 K Q ULU V)0 7 Of K 0 Z z�z J Q Q 0W Q Na W m Z U (n W J (n¢ 0 d Q Cf w ¢ Q d 0 ZInZ 48.2j O am W Q�1 m 10 z=n z a 11 1 0 0 0 W Q' Z W <cio O w ¢ �U r OJ � aw 4F 0 � N -K r LL: v ozw W 2ylm N if) a�lvoi m Np0 MU ii Zzww` Z �) Q e :D DOti; mIr wW W�5 zo f0 ZUj U Ori W(7<11 wNC Y Oo V� UNFnQH ?U)Z WaU� wF-p7� Kl ZW9~< P W� N0 x.w �j4gg 2� b 0 L, JLLx JU w m QU m00 ZMM<Z< azmzF m w00,--< Z aN�a N W U 0 Z Z m 0 J X O n w o l m Z NJ Ui�LL. V)6W H -w >j N/F N DEBORAH A. ROGERS 39-47 LOT 64 I o C-15665 0 0 LOT 65 z a 77413± Sq.ft. CALCULATED AREA 3^ � U 80000 S.F. RECORD * SEE NOTE zz r Y DJLCB. FNO 2 #16 n ZDRIVEWAY �� HOT TUB OEM 910YFR MCL LOT 66 O \ N/F ��` ALLEN k HARRIETTE FOX Q 39-49 +r>7j:=' MICHAEL 3� $AC'S9F.N �$ ND. �7uED FS FCLI 1.4;'� al t• l� + SEE 79A DON 63 OF 23 RECORDED AS DOCUMENT NUMHEA W -M AS -BUILT PLOT PLAN IN NANTUCKET, MASSACHUSETTS SCALE:1'=4O' DATE:5/25/2000 DEED REFERENCE: C-10,689 PLAN REFERENCE:LC.PL15209-F ASSESSOR'S REFERENCE: MAP: 39 PARCEL* 48 PREPARED FOR: DEBORAH BARDH ROGERS NANTUCKET SURVEYORS INC. 5 WINDY WAY NANTUCKET, MA. 02554 N-64 CURRENT ZONING WCr: MINIMUM LOT SIZE: 60,000 S.F. MINIMUM FRONTAGE 1'50 FT. FRONTYARD SETBACK: 35 FT. SIDE AND REAR SETBACK: 15 FT. + 10 FT. LOT OF RECORD AREA OR 3096 S.F. ALLOWABLE G.C.R.: 4 X OF EXISTING EXISTING G.C.R.:3.31R. FOR PROPERTY ONE DETERMINATION T145 PLLTr PIAN ON CURRENT BUDS AND PLANS OF MECORD. RDJES VERIFIED 91' Fon MEA4URENENTS AS SHOM HEREON- TITLE THLS EXpmNATIDN OR A BECORDA13LE SURVEY' + SEE 79A DON 63 OF 23 RECORDED AS DOCUMENT NUMHEA W -M AS -BUILT PLOT PLAN IN NANTUCKET, MASSACHUSETTS SCALE:1'=4O' DATE:5/25/2000 DEED REFERENCE: C-10,689 PLAN REFERENCE:LC.PL15209-F ASSESSOR'S REFERENCE: MAP: 39 PARCEL* 48 PREPARED FOR: DEBORAH BARDH ROGERS NANTUCKET SURVEYORS INC. 5 WINDY WAY NANTUCKET, MA. 02554 N-64 Town and County of Nantucket, MA October 11, 2018 16 Greenleaf Road 32 1 a 3l •. 39 47 •_�__,_ 14 ------•-- 39 32.2 11 9 . P Z Z e O �i+ N pO A 3948 16 3932.3 15 .1 `t i — y 40 31.2 i 3949 \ •. s Ie +t `t \ 39 Z 32 ' 17 ' j O �\ 1"=130ft �\ Fegon � enaa env Go 91e Property Information Property ID 3948 Location 16 GREENLEAF RD Owner ROGERS DEBORAH B & ROBERTS WILLIAM H 1 e 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 09/14/2018 Properties updated 10/11/2018 e�9906,c�,,,F OCT qss� so9� Town of Nantucket N�tiTo�ti eL �cr�. Zoning Board of Appeals Mq LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER.... ... .. • • • •((• MAILING ADDRESS............ ... ... • • . ... I Grp �� ........ PROPERTY LOCATION ......... ....... ....... ... ................ .. ASSESSOR MAP/PARCEL...... . ...................�................................... SUBMITTED BY .............. ....V. - .. ..... 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)• N< 1�i4 -- DATE ASSES OR'S O FICE TOWN OF NANTUCKET 0 Z H H H H pi a pi U N P W H H H �z zazzaaww w w w w w w w w w Q w imi H a a n w w www w w a m m m A a .a a a a 2 0 m W a a w w w w w w w o o x S x C7 C7 C9 C7 V' U' U' Hm Hm W IA fA O P P P N M m P P 0 N N �l1 N N N H Ol P N m m P P N N N N O N P N N O N 01 O O O O N O M O O N O x ❑ o ewe awe ewe a x x N o 5 0 5> w o 0 o a u x z w N aq Z Z x E 0 N N ac ❑ > W q F 0P cG a °a m w P4 w a w w F Www a o m W w w w a m r a w o❑ r zWW W z a> O 14 N H R a O a cG N 0 m N o ❑ 0 w W m .Ni N W ti ti m N N m W� P F � M P C P P N ill M M M M O� 01 m O1 m Ol � 01 O o M M M M M M P P P 39 BECKER NATHANIEL T 1211 AVONDALE RD HILLSBOROUGH, CA 94010 39 NANTUCKET ISLANDS LAND BANK 22 BROAD ST NANTUCKET, MA 02554 39 COHEN STEVEN L TRUSTEE ROCK NOMINEE TRUST PO BOX 786 NANTUCKET, MA 02554 39 ROGERS DEBORAH A 16 GREENLEAF RD NANTUCKET, MA 02554 39 ROGERS DEBORAH B & ROBERTS WILLIA 16 GREENLEAF RD NANTUCKET, MA 02554 39 FOX ALLEN & HARRIETTE 8 WEST LENOX ST CHEVY CHASE, MD 20815 39 HEFFERNAN MICHAEL 244 GROVE STREET WELLESLEY, MA 02193 39 WANE MARIA H TRST MHW NOM TRUST 280 S COLLIER BLVD # 1204 MARCO ISLAND, FL 34145 40 PENROSE JOHN B & GRETCHEN 9 BISHOPS RISE NANTUCKET, MA 02554 40 WHINE MARYANNE C PO BOX 2726 NANTUCKET, MA 02584 40 SWEENY CYNTHIA D 6 POLLY PARK RD RYE, NY 10580-1927 40 J & K NANTUCKET LLC 48 SEAVIEW AVENUE MARBLEHEAD, MA 01945 d�pUlu Cp}rC+ r . �1 2016 DEC 14 F"4 3: Z"; �9pQRAI TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: December 13, 2018 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No.: 42-18 Owner/Applicant: DEBORAH BARDH ROGERS and WILLIAM H. ROBERTS Property Description: 16 Greenleaf Road Map 39, Parcel 48 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 39, Parcel 48 16 Greenleaf Road Limited Use General Two (LUG -2) DECISION: Certificate of Title No. 10689 Land Court Plan 15209-F Lot 65 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, November 8, 2018, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of DEBORAH BARDH ROGERS and WILLIAM H. ROBERTS, 16 Greenleaf Road, Nantucket, Massachusetts 02554, File No. 42-18: 2. The Applicants are requesting Variance relief pursuant to Nantucket Zoning By- law Section 139-32 from the intensity regulations in Section 139-16 in order to validate the siting of the structure approximately 14.1 feet from the rear yard lot line in a zoning district that requires a fifteen (15) foot rear yard setback. The Locus is situated at 16 Greenleaf Road, is shown as Nantucket Tax Assessor's Map 39 as Parcel 48, is shown as Lot 65 on Land Court Plan No. 15209-F, and evidence of owner's title is registered as Certificate of Title No. 10689 at the Nantucket County Registry District of the Land Court. The property is zoned Limited Use General — 2. 3. Our Decision is based upon the application and accompanying materials and representations and testimony received at the public hearing. There was no Planning Board recommendation as the matter did not present any issues of planning concern. There was a letter of support on file from the most impacted abutter at 11 Bishops Rise. 4. Attorney John B. Brescher represented the Applicants at the hearing. Attorney Brescher explained that the Locus presently contains a single-family dwelling and a secondary dwelling. The Locus has the benefit of Variance relief in Zoning Board of Appeals Decision No. 063-93, registered as Document No. 89585 at the Nantucket County Registry District of the Land Court. Specifically, an undersized lot was created as a result of surveyor error in 1978, after zoning came into effect. The 1993 Variance was granted to validate the lot size of 77,413 sq. ft. in LUG -2 where minimum lot size is 2 80,000 sq. ft. Accordingly, the Variance blessed the property as a separately marketable and buildable lot. 5. In March 2017, the Applicants applied to the Building Department for the construction of a secondary dwelling. The Applicants received the necessary approvals from the Nantucket Planning Board and duly filed an application for construction of said secondary dwelling. As evidenced on page 3 of the building permit application, the Applicant/Owner indicated that the rear yard setback would be eleven (11) feet. The reason for this is that the Owner/Applicant and the Building Department were under the impression that the Locus was a grandfathered lot of record, because it is undersized for the LUG -2 lot size requirements and, pursuant to Section 139-33.E(2)(a), the side and rear yard setbacks for pre-existing nonconforming lots are ten (10) feet where they would normally be fifteen (15) feet in the LUG -2 zoning district. The reason for the change between the proposed eleven (11) feet at the time of the building permit application and the 14.1 feet siting results from an outdoor shower which was ultimately moved during the construction of the secondary dwelling. 6. After construction of the secondary dwelling and receiving the sign -offs, the Applicants applied for a Certificate of Occupancy which was denied by the Zoning Enforcement Officer ("ZEO"). The ZEO determined that because the Locus received Variance relief in 1993, the Locus is not a validly pre-existing nonconforming lot of record and therefore does not have the benefit of Section 139-33.E(2)(a). Therefore, the existing deck sited approximately 14.1 feet from the rear yard setback is in violation of the intensity regulations of the LUG -2 zoning district as it is sited within the required fifteen (15) foot rear yard setback. 7. At the November 8, 2018 hearing, the Board, the Applicants, and Attorney Brescher discussed the application and acknowledged that given the fact pattern presented, this encroachment does not constitute an intentional violation of the By-law but rather more accurately represents a misunderstanding relative to the status of the Lot as noncompliant instead of pre-existing nonconforming, because said Lot has the benefit of the aforementioned Variance relief. 8. Therefore, owing to the unique circumstances surrounding this lot in the LUG -2 zoning district (i.e., there was a surveying error at the original time of subdivision and the lot was deemed separately marketable and buildable by Variance relief), a literal enforcement of the provisions of Section 139-16 (setbacks) would involve substantial hardship, financial or otherwise, because the structure has already been sited and the permit was applied for — and issued — under the assumption that the rear yard setback was ten (10) feet, not fifteen (15) feet. Furthermore, relief may be granted to validate the 3 siting of the deck at 14.1' from the rear yard lot line where fifteen (15) foot rear yard setback is required, as shown on the plan entitled, "As -Built Plot Plan, #16 Greenleaf Road in Nantucket, Massachusetts," dated June 7, 2018, prepared by Nantucket Surveyors, LLC, attached hereto as "Exhibit A", without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the By-law. 9. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board GRANTS VARIANCE relief to validate the siting of the deck approximately 14.1' from the rear yard lot line in a zoning district that requires a fifteen (15) foot rear yard setback as shown on as "Exhibit A". 4 Assessor's Map 39, Parcel 48 16 Greenleaf Road. Limited Use General Two (LUG -2) Dated: November 8, 2018 Certificate of Title No. 10689 Land Court Plan 15209-F Lot 65 44U", ich 1 J. O'Mara erim oseatac COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss day of 2018, before me, the un ersigned notary public, On this �� personally appeared �o 77iot,t (a)personally known to me, or (b) proved to me through satisfactory evidence of i entification, which was (type of identification) to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. C � Oficial Si nat re and Seal of Notary Public My commi U expires: 116-/ g, g0ab 9s WWWO =VAW�W 117 i yaa 5 5 N/F DE80RAH A. ROGERS LL 39-47 ei 0 376.99' � o z DRIVEWAY f� z o < PRD?ANE a ^ ` TANK LOT 65 ° +� e�° m AREA=77,413± S.F. W � RECORD AREA=80,000 S.F. NAFTANO-Ji� W� � r (SEE NOTE) t + �7 ' DR11'EWAY m WO�P OY.L 'm N/F DyW' D. SWEENEY N 40-31.2 NOTE SEE Z DECISION 63-93, I AS -BUILT PLOT PLAN LC. DOC. #89565. Mu 316,99' /15 GREENLEAF ROAD CURRENT ZONING: LUG N NANTUCKET, MASSACHUSETTS MI 0 MINMUM LOT SIZE: 80,0'0 S.F. `', NIMUM FRONTAGE: 150' SCSCALL-l'-40'I"=40' DATE 6/07/16 SETBACK: 35' FROSIDE AND SIDE AND REAR SETBACK: 15' (70' LOT OF RECORD) ALLEN HARRIETTE FOX DEED REFERENCE L.C. CERT. ;10689 ALLOWABLE G.C,R.: 39-49 .}y'. -' 'E: PLAN REFERENCE: L.C. PLAN NO 15209-F EXISTING G.C.R.: 3.977.E 7 FAW_ 3 +s '', ASSESSOR'S R Y No. ca12: 3P 48 PARCEL -- PREPARED FOR: FDR PROPERTY ZINC DETERMEDS iN D PL NS R PLAN ROUES ON NRRENT DEEDS AND PUNS Of RECORD. DEBORAH ROGERS & WILLIAM ROBERTS As A TIT HEREON. Y IS PLN I 'tNID REPRESENTED D14` PLAN R R TD BE A TITLE NANTUCKET SURVEYORS LLC 5 WINDY WAY N FxANwAnoN OR A RECORDABLE smvEr. COQOBLE �r Vi NANTUCKET, MA. 02554 .: 216/33 i 415/w Gcprsis++r 8r NufiU^„WEt `wNiYE'rORC, u[. N-10049 m