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
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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
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N DEBORAH A. ROGERS
39-47
LOT 64 I
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+ 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
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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
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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
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�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
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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.
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AS -BUILT PLOT PLAN
LC. DOC. #89565. Mu
316,99'
/15 GREENLEAF ROAD
CURRENT ZONING: LUG
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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
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PLAN REFERENCE: L.C. PLAN NO 15209-F
EXISTING G.C.R.: 3.977.E
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PREPARED FOR:
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DEBORAH ROGERS & WILLIAM ROBERTS
As A TIT HEREON.
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