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HomeMy WebLinkAbout37-18 190 Cliff Road Approval.A otapNTUC F H N yC�9p'RAI E�\�� TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: November 26, 2018 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No.: 37-18 Owner/Applicant: WHITNEY A. GIFFORD, as Trustee of 190 CLIFF ROAD NOMINEE TRUST Property Description: 190 Cliff Road Map 40, Parcel 23 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 40, Parcel 23 190 Cliff Road Limited Use General -1 (LUG -1) DECISION: Land Court Plan 9355-P, Lot 34; Plan 2009-38, Lots B-1.1 and B-1.2 Certificate of Title No. 19584; Deeds, Book 1306, Page 257, and Book 1306, Page 276 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, October 11, 2018, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of WHITNEY A. GIFFORD, as Trustee of 190 CLIFF ROAD NOMINEE TRUST, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 37-18: 2. Applicant seeks Special Permit relief pursuant to Zoning Bylaw Section 139-33.A(4) to allow an alteration and extension of the pre-existing nonconforming ground cover ratio ("GCR") from 7.3% to 7.8%. Specifically, Applicant proposes to build two additions on the main dwelling totaling roughly 243 square feet. Locus became pre-existing non -conforming as to GCR as a result of a zoning change from R-20 to LUG -1, when maximum allowable GCR went from 12.5% to 7%. The Locus is otherwise conforming as to all other dimensional requirements. In the alternative, applicant seeks relief by Variance pursuant to Section 139-32 for a waiver from the ground cover provisions of 139-16. The Locus is situated at 190 Cliff Road, is shown on Tax Assessor's Map 40 as Parcel 23, as Lot 34 upon Land Court Plan 9455-P and as Lots B-1.1 and B-1.2 upon Plan No. 2009-38. Evidence of owner's title is registered on Certificate of Title No. 19584 at the Nantucket County District of the Land Court and is recorded in Book 1306, Pages 257 and 276 on file at the Nantucket Registry of Deeds. The site is zoned Limited Use General 1 (LUG -1). 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 as their meeting occurred after this Board's meeting. Except for the applicant's presentation, there was neither support nor opposition presented at the public hearing, nor any adverse written comment received. 4. As explained by Applicant's counsel, applicant is requesting relief by Special Permit pursuant to Nantucket Zoning By-law Section 139-33.A(4), in order to extend a pre-existing, nonconforming single-family dwelling upon the locus without creating any new nonconformity. Locus was formerly situated in a Residential -20 ("R-20") zoning district, in which the maximum ground cover ratio was 12.5%; in 2006, a zoning map change placed locus in a Limited Use General -1 ("LUG -l") zoning district, in which the maximum ground cover ratio is 7%. Locus contains about 46,903 square feet in lot area, and accordingly is conforming with minimum lot area of 40,000 square feet in the LUG -1 district. However, the existing improvements upon the lot, which were constructed prior to the 2006 zoning change, have a ground cover ratio of about N 7.26%, which conformed with the ground cover ratio in the R-20 district but became a pre-existing nonconformity when locus was rezoned as LUG -1. 5. Locus benefits from prior relief in Board of Appeals decision in File No. 033-12, registered as Document 137508 at the Nantucket County District of the Land Court. The relief authorized in File No. 033-12 was not exercised as the work was never done. The applicant now proposes to construct alterations which will add a total of 243 sq. ft. of ground cover, resulting in a ground cover ratio of about 7.78%. The alterations consist of the enclosure of an existing pergola over a stone patio and the demolition and reconstruction of an existing portion of the structure using the existing foundation. Existing conditions upon locus are shown upon a plan by Blackwell & Associates, Inc., dated September 4, 2018, entitled "Existing Conditions Site Plan to Accompany Zoning Board of Appeals Application", a copy of which is attached hereto as "Exhibit A". Proposed conditions upon locus are shown upon a plan by Blackwell & Associates, Inc., dated September 4, 2018, entitled "Proposed Conditions Site Plan to Accompany Zoning Board of Appeals Application", a copy of which is attached hereto as "Exhibit B". 6. As stated above, similar relief was granted with regard to this property in Board of Appeals File No. 033-12, issued on June 18, 2012. However, the work then authorized was never performed. As the Board then found, the 2006 upzoning from R-20 to LUG -1 rendered locus pre- existing, nonconforming as to ground cover. Since the applicant's proposal constitutes alteration of a pre-existing, nonconforming single-family dwelling without creating any new nonconformity, approval for the alteration can be made by special permit provided that the Board makes a finding that the alteration would not be substantially more detrimental to the neighborhood than the existing nonconformity. In addition, the proposal benefits from approval by Nantucket Historic District Commission ("HDC") by virtue of Certificate of Appropriateness No. 70615. 7. Based upon the foregoing, the modest extent of the proposed increase in ground cover, together with the absence of opposition, the Zoning Board of Appeals made the finding that the requested relief could be granted as the result of the proposed alterations shall not be substantially more detrimental to the neighborhood than the pre-existing ground cover ratio nonconformity and the structure, as so altered, shall conform to all applicable front, rear, and side yard setback requirements. 8. Accordingly, by UNANIMOUS VOTE, the Zoning Board of Appeals granted the relief as requested by SPECIAL PERMIT pursuant to Section 139-33.A(4), to enable construction of the proposed alterations as shown upon the Proposed Conditions Site Plan attached hereto as "Exhibit B", and the plans approved by the HDC in Certificate of Appropriateness No. 70615, as the same may be amended from time to time. Assessor's Map 40, Parcel 23 190 Cliff Road Limited Use General -1 (LUG -1) Dated: October 11, 2018 Nantucket, ss. Land Court Plan 9355-P, Lot 34; Plan 2009-38, Lots B-1.1 and B-1.2 Certificate of Title No. 19584; Deeds, Book 1306, Page 257, and Book 1306, Page 276 Michael J. O'Mara Geoff Thayer COMMONWEALTH OF MASSACHUSETTS On the � day of nol*A, 2018, before me, the undersigned notary public, personally appeared . N S & vi ffit.. a !h , one of the above-named members of the Zoning Board of Appeals of Nantu ket, 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. . -,If Official Signature and S Notary Public My commission expire LESLIE WOODSON SNELL o.n COMMONWEALTH OF MASSACHUSETTF My Commission Expires September 26, 2025 CURRENT ZONING CLASSIFICATION: Limited Use General 1 (LU.G. 1i Fxistlnq; MINIMUM LOT SIZE: 40,000 S.F. 46,903 S.F.t (LOTS B-1.1, (3-1.2 do 34) MINIMUM FRONTAGE: 100 FT. SEE PLAN FRONT YARD SETBACK: 35 FT. SEE PLAN REAR/SIDE SETBACK: 10 FT. SEE PLAN GROUND COVER %: 7% 7.26% t AM ARS DAD LOT B1.1 2,339 S.F.t LOT B1.2 1,695 S.F.t LOT 34 42,869 S.F.t TOTAL 46,903 S.F.t co 1, V ROADWAY 40-22 9 EASEMENT N/F �A p 192 CLIFF ROAD ti ti NOMINEE TRUST DEED RK. 1306, PC. 270 \s9d PLAN No. 2009-38 LOT B-1 �o 2ND STY L.S. 40-25.3 N F SALLY V.SIEBOLD CERT. 111`16329 L.C.C. 8852-5 LOTS 31 & 32 116 WANNACOMET R( EXIST. o_ POOL EQUIPMENT EXIST I STY. W/F CABANA Vis. Q UNENCLOSED EXIST JACUZZI EX157 1 1/2 STY. W/F STRUCTURE 750 SFf (Foundation) yy / Com 100 JEFFREY L. BLACKWELL No 35388 iNisCft�.ilt V U 5 v ■ DENOTES CONCRETE BOUND FOUND ORIGINAL SIGNED AND STAMPED COPIES OF THIS PLAN MAY BE PHOTOCOPIED BY THE BOARD OF APPEALS OR THE NANTUCKET REGISTRY OF DEEDS FOR RECORDING PURPOSES, IN CASES OF DISCREPANCIES REGARDING INFORMATION CONTAINED HEREON AND UNAUTHORIZED PHOTOCOPIES OF THIS PLAN, ONLY ORIGINALLY STAMPED AND ENDORSED COPIES SHALL BE ACKNOWLEDGED BY THE CERTIFYING LAND SURVEYOR. THIS INSPECTION PLAN WAS PREPARED TO ACCOMPANY AN APPLICATION TO THE NANTUCKET BOARD OF APPEALS AND IS NOT TO BE CONSIDERED A FULL INSTRUMENT SURVEY. THIS PLAN SHOULD NOT BE USED TO ESTABLISH PRO_ FFRTY L�NU, FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. THIS INSPECTION PLAN IS NOT A CERTIFICATION AS TO THE TITLE OR OWNERSHIP OF THE PROPERTY SHOWN, OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET ASSESSOR RECORDS, THIS PLAN SHALL NOT BE USED FOR ANY OTHER PURPOSE OTHER THAN ITS INTENDED USE STATED ABOVE. ©Blockwell & Associates Inc. T:\PAJE 2 JOB 48 V DR DRIVEWAY EASEMENT L.C. DOC. gg ,,489771 0 EASEMENT DOC. 194258 20-24 N/F KARALEA' NOM/NEE TRUST CERT 123507 L.C.C. 9455—P LOT 35 Existing Conditions Site Plan to Accompany Zoning Board of Appeals Application in Nantucket, Mass. SCALE: 1"= 50' DATE: September 04, 2018 Owners: 190, CLIFF ROAD.NOMMARE,TRUST 1306/276 2009-38, LOT B-1.2 Deed Blc./Pg.:1306/257 _ plan, 2009-38, LOT, 8-1.1 Cert. of Title.: #19584 Plan: L_9.9,94 5—P, LOT 34 Tax MOP—Parcel: . . . 40-23 Locus: . . . . . ,190 _CLIFF ROAD, BLACKWELL & ASSOCIATES, Inc. Professional Land Surveyors 20 TEASDALE CIRCLE NANTUCKET, MASS. 02554 (508) 228-9026 \ AWFILES\85036\2018 ZBA.dwg 9/4/2018 12:53:19 PM EDT B5036 "EXHIBIT A" CURRENT ZONING CLASSIFICATION: Limited Use General 1 (L.U.0.-1) Exist'Pro osed; MINIMUM LOT SIZE: 40,000 S.F. 46,903 S.F.t 46,903 S.F.t MINIMUM FRONTAGE: 100 FT. SEE PLAN SEE PLAN FRONT YARD SETBACK: 35 FT. SEE PLAN SEE PLAN REAR SIDE SETBACK: 10 FT. SEE PLAN SEE PLAN GRO ND COVER %; 7% 7,26% f 7.8% t I AREA AD LOT B1.1 2,339 S.F.t R LOT B1.2 1,695 S.F.t 1' 1868 LOT 34 42,869 S.R± TOTAL 46,903 S.F.f EXIST. ao. POOL EQUIPMENT 135 EXIST, 1 STY. W/F CABANA p (JNENCLOS£D N ROADWAY 40-22 �9p tih EASEMENT N/Fry� ryp� JAG% 192 CLIFF ROAD EXIST. 1 1/2 NOMINEE TRUST 0 PROPOSED STY W F I DEED 8K. 1306, PG. 270 G ADDAION / \ PLAN Na. 2009-38 �B. 0�� 2341 S.F. STRUCTURE LOT B-1 �� oda 750 S. F. f 1 — (Foundation) r 0 2ND STY L.S. n F rrp PRO CSO tis. NDDm°aN I / IG 40-25.3 \ EASEMENT N/F ` DOC. x/94258 SALLY V. SIEBOLD Q CERT. /'16329 �ySH Q . Aqq 20-24 L.C.C. 8852—S �� N/F LOTS 31 & 32 ' _ K4RALEX NOMINEE 1/16 WANNACOMET ROA JEFFREYL. G DRIVEWAY TRUST z BLACKWELL m E4sEMENT�o mos CERT 94550 Qv No 35388 L.C. DOC. h9 oo, 7 on R y #89771 LOT 35 LEGEND IU1° , ■ DENOTES CONCRETE BOUND FOUND ORIGINAL SIGNED AND STAMPED COPIES OF THIS PLAN MAY BE PHOTOCOPIED BY THE BOARD OF APPEALS OR THE NANTUCKET REGISTRY OF DEEDS FOR RECORDING PURPOSES. IN CASES OF DISCREPANCIES REGARDING INFORMATION CONTAINED HEREON AND UNAUTHORIZED PHOTOCOPIES OF THIS PLAN, ONLY ORIGINALLY STAMPED AND ENDORSED COPIES SHALL BE ACKNOWLEDGED BY THE CERTIFYING LAND SURVEYOR. THIS INSPECTION PLAN WAS PREPARED TO ACCOMPANY AN APPUCATION TO THE NANTUCKET BOARD OF APPEALS AND IS NOT TO BE CONSIDERED A FULL INSTRUMENT SURVEY, THIS PLAN SHOULD NOT BE USED TO ESTABLISH PROPERTY LINES, FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES, THE PROPERTY LINES SHOWN,RELY ON CURRENT DEEDS AND PLANS OF RECORD. THIS INSPECTION PLAN IS NOT A CERTIFICATION AS TO THE TITLE OR OWNERSHIP OF THE PROPERTY SHOWN, OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET ASSESSOR RECORDS. THIS PLAN SHALL NOT BE USED FOR ANY OTHER PURPOSE OTHER THAN ITS INTENDED USE STATED ABOVE. ©Blackwell & Associates Inc, T:\PAJE 2 JOB 48 Proposed Conditions Site Plan to Accompany Zoning Board of Appeals Application in Nantucket, Mass, SCALE: V= 50' DATE: September 04, 2018 Owners: 190, CLIFF ,ROAD, MAA R ,TRUST 1306/276 - 2009-38, LOT B-1.2 Deed Bk./Pg.:1306257. Plan:2009738, LOT B-1.1 Cert. of Title.: #1.9584, Plan: L.C.C. 9455—P, LOT 34 Tax Map—Parcel: . . . 40-23, . , . . , Locus:. . ... . 90.CLIFF ROAD, . . BLACKWELL & ASSOCIATES, Inc. Professional Land Surveyors 20 TEASDALE CIRCLE NANTUCKET, MASS. 02554 (508) 228-9026 V.\DRAWFILES\B5036\201 B ZBA:dwg 9/4/2018 12:53:19 PM EDT B5036 "EXHIBIT B"