HomeMy WebLinkAbout31-18 18 Pine Grove Lane/Road DecisionpNlucKF�'-
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: October 30, 2018
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To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No.: 31-18
Prior Owner: RICHARD R. BEAULIEU & PATRICIA C. BEAULIEU
f/k/a Patricia A. Carroll
Applicant/Current Owner: PINE GROVE ACK LLC
Property Description: 18 Pine Grove Lane (s/k/a Road)
Map 67, Parcel 391
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, Parcel 391
18 Pine Grove Lane Siva Road
Residential 10 (R-10)
DECISION:
Certificate No. 27025
Lot 60
Land Court Plan 26439-0
1. At a public hearing of the Nantucket Zoning Board of Appeals (the "Board") opened and
closed on Thursday, September 6, 2018, in the Conference Room, at 4 Fairgrounds Road,
Nantucket, Massachusetts, the Board made the following Decision on the application of prior
owner (at time of hearing) Richard R. Beaulieu and Patricia C. Beaulieu and PINE GROVE
ACK LLC (the "Applicant" and current owner by virtue of deed executed on September 10,
2018, and registered as Land Court document 159496 upon Certificate of Title 27025), c/o
Cohen & Cohen Law PC, 34 Main Street, 2nd Floor, P.O. Box 786, Nantucket, MA 02554, in
File No. 31-18.
2. Applicant seeks Special Permit relief pursuant to Zoning By-law Sections 139-33.A and
139-17, or in the alternative and to the extent necessary Variance relief pursuant to Section 139-
32, to allow the alteration of a duplex which is pre-existing nonconforming as to height.
Specifically, applicant proposes a single -story addition to the basement to be converted into a
tertiary dwelling unit. The addition causes the structure to have a total height of 30 feet, with the
rear (north) side being calculated at 34.4 feet (where 32 feet is allowed), even though the height
of the tallest point is not changing. The property is otherwise dimensionally conforming. The
Locus is situated at 18 Pine Grove Lane s/k/a Road, is shown on Tax Assessor's Map 67 as
Parcel 391, and as Lot 60 upon Land Court Plan 26439-0. Evidence of prior owner's title is
registered on Certificate of Title No. 13085 and of current (Applicant) owner's title is registered
on Certificate of Title No. 27025, on file at the Nantucket County District of the Land Court. The
site is zoned Residential Ten (R-10).
3. 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 of planning concern were presented. No opposition, written or oral, was
presented at the hearings. A letter dated August 13, 2018 from Arthur Gasbaro, P.E. P.L.S., was
submitted with zoning calculations.
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4. The Locus consists of a lot of approximately 10,236:h square feet and currently contains
a duplex with finished walkout basement at the rear (north side) of the structure. The structure at
the Locus, which was constructed at an Average Mean Grade height of 28.7 feet, has a footprint
of approximately 798 ± square feet. The rear/north side of the duplex is as high as 32.5 -feet
where only 32.0 feet is allowed under the Bylaw, but this nonconformity is considered a
preexisting nonconforming condition, as it is more than 10 years old. The Applicant obtained a
special permit from the Planning Board to convert the basement of the structure to a tertiary
dwelling. The applicant seeks relief from the Board to construct single -story addition to the
basement, which would extend, alter, or change a preexisting nonconforming structure at the
Locus. The proposed addition is single -story addition about 8 -feet deep and 12 -feet tall, to
extend the walk out basement level. Relief from the Board is necessary because the lot slopes
downward away from the front of the duplex towards the rear/north. Due to wetland buffer
zones and zoning setbacks, the yard cannot be filled and the addition cannot practically go in
another location. As a result of the slope of the lot and the existing height of the north side of the
structure, any addition to the north side of the structure increases the calculated height of the
structure and requires relief from the Board, even though no alteration is being made to the
actual height of the structure. The proposed addition would cause the structure to have an
Average Mean Grade height of 30 feet, with the rear side being calculated at about 34.4 feet.
The Locus is otherwise dimensionally conforming.
5. Applicant seeks Special Permit Relief under Nantucket Zoning Bylaw Sections 139-33A
and 17, to allow the proposed addition to the rear/north side. Applicant seeks Special Permit
relief pursuant to Nantucket Zoning Bylaw Section 139-33.A(1), which generally provides that
the Board may grant a special permit to extend, alter, or change a preexisting nonconforming
structure (here, the height of the structure), provided the Board finds that such extension,
alteration, or change shall not be substantially more detrimental than the existing nonconforming
structure and/or use to the neighborhood. Applicant also seeks in the alternative a Variance to
the extent necessary under Section 139-32. Due to the size and shape of the lot, the location of
the structure, and the significant wetlands on the property, there is no other location to place the
addition. Due to the soil conditions, existing shape and topography of the locus, and in light of
the facts at hand that are specific to this lot and not applicable to the zoning district in general, a
literal enforcement of the provisions of Chapter 139 would be a substantial hardship on the
Applicant, but the relief may be granted without substantial detriment to the public good and
without nullifying or substantially derogating from the intent or purpose of the bylaws.
6. Applicant, through its counsel, Steven Cohen, presented testimony at the public hearing
on Thursday, September 6, 2018, establishing that such extension, alteration, or change shall not
be substantially more detrimental than the existing nonconforming structure to the neighborhood.
The proposed extension is a single -story addition to the rear (north) side of the building that does
not increase its actual height at all, and is only minimally visible from the road. However,
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mathematically, under the height formula, the zoning height will increase to about 34.4 feet, even
though the height of the tallest point is not changing. Applicant also noted that granting relief
will the improve current situation at the Locus, as the proposed addition is part of the Applicant's
plans to eliminate an illegal dwelling thereon.
7. Therefore, based upon the foregoing, the Board finds that the proposed addition at the
rear (north side) of the structure at the Locus will not be substantially more detrimental than the
existing nonconforming structure to the neighborhood.
8. Accordingly, by a UNANIMOUS vote, the Board unanimously GRANTS the requested
SPECIAL PERMIT to allow an addition to the structure that will cause it to exceed the height
limitation, as proposed.
I A RE PA E F LL S
Assessor's Map 67, Parcel 391
18 Pine Grove Lane siva Road
Residential 10 (R-10)
Dated: September 6, 2018
Nantucket, ss.
Certificate No. 27025
Lot 60
Land Court Plan 26439-0
COMMONWEALTH OF MASSACHUSETTS
On the day of , 2018, before me, the undersigned notary public,
personally appeared �ca uoGVCA DO II , 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.
Official Signa r and Seal of Notary Public
MEGAN O'SHEA My commissi n xpires: 8; a cab