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Home My WebLink About39-18 Valley View Drive Decisioni41ANTU1C - UCT0'A' N CLERr". tapllTk�, 2010 DECa20 PM 2; 51 yc�9°OIi'Alt TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: December 20, 2018 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No. 39-18 Owner: SHIRLEY WATTS Applicant: RON CONWAY Property Description: Valley View Drive (portion 24 Miacomet Ave.) Map 67, Parcel 873 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 873 Book 306, Page 323 Valley View Drive Plan No. 2017-16 Portion of 24 Miacomet Ave. Lot 1 Residential Five (R-5) DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, October 11, 2018, at 1:00 P.M., 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the Application of SHIRLEY A. WATTS (Owner) & RON CONWAY (Applicant) of 24 Miacomet Avenue, Nantucket, Massachusetts 02554, File No. 39-18: 2. Applicants are seeking relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section 139-16C(1) (Intensity regulations — setback). Applicants propose to construct a single-family dwelling on a lot that is conforming to all dimensional requirements. Due to the irregular shape of the lot placing a new dwelling on the site would be difficult. The property was formerly zoned Residential - Commercial -2 ("R -C-2") which required a minimum side and rear yard setback of five feet and a front yard setback of 10 feet. The property was rezoned Residential -5 ("R-5") and now requires one side to be a minimum of 10 feet, while maintain the other side at a minimum of five feet. Applicants are seeking to reduce the required 10 -foot side yard setback requirement to five feet, as was previously allowed in the R -C-2 zoning district. Locus is situated at Valley View Drive (portion of 24 Miacomet Avenue), is shown on Assessor's Map 67 as Parcel 873, and as Lot 1 on Plan No. 2017-16. Evidence of owner's title is recorded in Book 306, Page 323 on file at the Nantucket Registry of Deeds. The site is zoned Residential - 5 (R-5). 3. Our decision is based upon the Application and accompanying materials, representations, and testimony received at our public hearing. Attorney Steven Cohen, who represented two abutters, expressed concern about the subdivision configuration. The Planning Board made no recommendation as the matter was not of planning concern. 4. Applicants' representative, Attorney Michael Wilson reviewed the situation leading to this request. He stated that a reduction in the one side setback from five to 10 feet would not negatively impact the abutters who were benefitted by the previous R -C-2 5 -foot side yard setback minimum requirement and were owners of lots that were also part of the same Watts subdivision. The new single- family home would be of modest size consistent with other structures in the neighborhood. If the Special Permit relief is not granted, the building envelop would be reduced to about 18-20 feet in width resulting in an impractical size. As the R-5 was imposed over areas that had been substantially developed with a side yard required minimum of five feet for both sides, the Zoning Bylaw anticipated adverse impacts 2 5. Attorney Wilson maintained that a reduction in the one side setback from ten (10) to five (5) feet would not negatively impact the abutters who were benefitted by the previous RC -2 five-foot side yard setback minimum requirement and were owners of lots that were also part of the same Watts subdivision. The new single-family home would be of modest size consistent with other structures in the neighborhood. As the R-5 was imposed over areas that had been substantially developed with a side yard required minimum of five feet for both sides, the Zoning By-law anticipated adverse impacts for lots in the new R-5 and made provision for owners to seek Special Permit relief to reduce the side yard setbacks, specifically providing for Special Permit relief per Section 139-16.C(1) which reads: The Board of Appeals may grant a special permit to reduce the ten foot side yard setback in R -S and the ten foot side and rear yard setback in R-10, SR - 10, R-20 and SR -20 to five feet. 6. Therefore, based upon the Application materials and testimony received at the public hearing, the Board determined that Special Permit relief may be granted in order to reduce the minimum side yard setback from ten feet to five feet on both sides, finding that this would not create a negative impact on the neighborhood given the common scheme of the former RC -2 zoning district as already substantially built out. A grant of relief could be made that would be in harmony with the general purpose and intent of the Zoning Bylaw. 7. Accordingly, by UNANIMOUS vote, the sitting members of the Zoning Board of Appeals, granted the SPECIAL PERMIT relief pursuant to Nantucket Zoning By-law Section 139-16.C(1) to reduce the minimum side yard setback requirement of ten feet to five feet for both sides. Relief is subject the following conditions: a. There shall be no further building within the required 10 -foot side yard setback area beyond the initial construction of the new single-family dwelling without further relief from this Board; and, b. The proposed alterations shall be performed in substantial accordance with the Site Plan, revised in accordance with the Board's request, to show existing screening to be maintained along the common lot lines with the abutter to the southeast and southwest, all as shown on plan entitled, "Zoning Board of Appeals Plan of Land in Nantucket, Ma." prepared by Michael E. Connolly, dated December 19, 2018 and attached herewith as "Exhibit A". $IGNAT1kJ,RE,PAQE TO FQLLQW 3 Assessor's Map 67, Parcel 873 Valley View Drive Portion of 24 Miacomet Ave. Residential Five (R-5) Dated: October 11, 2018 usan c Michael 0' ar Book 306, Page 323 Plan No. 2048-t4 Lot L Geoffrey Thayer ondani COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. On the day of `D C,(,wtl�yi,V , 2018, before me, the undersigned notary public, personally appeared , one of the above-named members of the Zoning Board of Appeals of Nantucket, assachusetts, 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. Officia Signat# and Sea of Notary Public My commission expires: 0�1U�d r_ x MEGAN J'SHEE q 1®� ;.tsry q�blk CO`�+nrn"eal mCit 2e gay C,,,*s n Ex, in s MY S, = o� 01. LOT Y 8,139 ±S.F.1 °°1 S set CB FND. (chipped) oy -� R=25. pp 00 dhCB FND. PROPOSED 5' SETBACK 1 STY W/F DWELLING G.C. = 1821 -S.F. DEC Nj7 PROPOSED. y�1)/` 10' S \dhCB FND. 00 , •off / K / / EXISTING / 5.5' H, 4' W 10'/ / PRIVET HEDGE J m# HEDGE TO BE MAINTAINED i / 67-228.3 NIF N/F rOh DONALD L. KOLP 5' SIBACK / 1 STY D SHED G.0 = 121 ±S.F. 7.5' H, 5' W 1100 PRIVET HEDGE . 0-> TIMBERS AT GRADE 67-195.1 / N/F EXISTING TODD A. BURNS 10' H, 6' W PRIVET HEDGE �tH OF MICHAa� E. CONVOLLY '^ No. 49652 lgNp SO I HEREBY CERTIFY THAT THIS PLAN HAS BEEN PREPARED IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE REGIST OF DEEDS OF THE COMM NWE LTH 0 MAS HUSETTS. PROFESSIONXL LAND SURVEY ATE APPLICANT SEEKS RELIEF BY SPECIAL PERMIT PURSUANT TO ZONING BY-LAW SECTION 139-16.C(1) IN ORDER TO REDUCE THE TEN (10) FOOT SIDE YARD SETBACK TO FIVE (5) FEET ZONING BOARD OF APPEALS PLAN OF LAND IN NANTUCKET, MA. SCALE: I" = 20' DATE: DECEMBER 19, 2018 Owner. .SHlf?IEYA., WATTS, , • , , , , , , , , , , • , , Deed/Cert.:BK•. 3015.PG•. 323 Plan: NO, 2017-1E,. I,OT Z. Tcx Map: .077573. Locus: 0 .VALLEY .VljEW .DRIVE. . . MICHAEL CONNOLLY & ASSOC. INC. PROH.SSIONAL LAND SURVEYORS 150 SURFSIDE ROAD NANTUCKET, MASSACHUSETTS 02554 508-228-8910-531 iAl 6 j A ZONING CLASSIFICATION: R-5 EX15WNG: MIN. AREA:..... 5,000 V. 5,001tS.F MIN. FRONTAGE ..... 50 . FT, SEE. PLAN FRONT YARD S.B.:..— 1.Q 1?• SEE, PV SIDE S.B.: W. ONE.SIDE.. 5' THEREAFTER SEE. PLANW REAR SB:......... 5 . T• SEE, PLAN ^ GROUND COVER (X):...40, % SEE PLAN o �o C oy -� R=25. pp 00 dhCB FND. PROPOSED 5' SETBACK 1 STY W/F DWELLING G.C. = 1821 -S.F. DEC Nj7 PROPOSED. y�1)/` 10' S \dhCB FND. 00 , •off / K / / EXISTING / 5.5' H, 4' W 10'/ / PRIVET HEDGE J m# HEDGE TO BE MAINTAINED i / 67-228.3 NIF N/F rOh DONALD L. KOLP 5' SIBACK / 1 STY D SHED G.0 = 121 ±S.F. 7.5' H, 5' W 1100 PRIVET HEDGE . 0-> TIMBERS AT GRADE 67-195.1 / N/F EXISTING TODD A. BURNS 10' H, 6' W PRIVET HEDGE �tH OF MICHAa� E. CONVOLLY '^ No. 49652 lgNp SO I HEREBY CERTIFY THAT THIS PLAN HAS BEEN PREPARED IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE REGIST OF DEEDS OF THE COMM NWE LTH 0 MAS HUSETTS. PROFESSIONXL LAND SURVEY ATE APPLICANT SEEKS RELIEF BY SPECIAL PERMIT PURSUANT TO ZONING BY-LAW SECTION 139-16.C(1) IN ORDER TO REDUCE THE TEN (10) FOOT SIDE YARD SETBACK TO FIVE (5) FEET ZONING BOARD OF APPEALS PLAN OF LAND IN NANTUCKET, MA. SCALE: I" = 20' DATE: DECEMBER 19, 2018 Owner. .SHlf?IEYA., WATTS, , • , , , , , , , , , , • , , Deed/Cert.:BK•. 3015.PG•. 323 Plan: NO, 2017-1E,. I,OT Z. Tcx Map: .077573. Locus: 0 .VALLEY .VljEW .DRIVE. . . MICHAEL CONNOLLY & ASSOC. INC. PROH.SSIONAL LAND SURVEYORS 150 SURFSIDE ROAD NANTUCKET, MASSACHUSETTS 02554 508-228-8910-531 iAl 6 j A