HomeMy WebLinkAbout47-18 5 Nosegay LaneU r V K L i,
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: February 5, 2019
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No.: 47-18
Owner/Applicant: RC NOSEGAY, LLC
Property Description: Zero Sankaty Road a/k/a 5 Nosegay Lane
Map 73.1.4, Parcel 15.3
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 /
PP y pursuant to Sectio 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 73.1.4, Parcel 15.3 Book 1507, Page 103
Zero Sankaty Road Plan Book 20, Page 117
Sconset Residential Twenty (SR -20) Lot 3
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday,
December 13, 2018, at 1:00 P.M., 4 Fairgrounds Road, Nantucket, Massachusetts, the
Board made the following Decision on the Application of RC NOSEGAY, LLC, 4212
San Felipe, #409, Houston, Texas 77027, File No. 47-18:
2. Applicant is requesting Special Permit relief pursuant to Zoning By-law Section
139-16.0 to reduce the ten (10) foot side yard setback to five (5) feet or, in the
alternative, and to the extent necessary, to validate the As -Built siting of the dwelling as
close as 6.5 feet on the north side and 9.4 feet on the south side. Locus is situated at Zero
Sankaty Road (f/k/a 5 Nosegay Lane), is shown on Assessor's Map 73.1.4 as Parcel 15.3,
and as Lot 3 on Plan Book 20 Page 117. Evidence of owner's title is recorded in Book
1507, Page 103 on file at the Nantucket County Registry of Deeds. The site is zoned
Sconset Residential 20 (SR -20).
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.
Both written and oral comments were received expressing concerns about further
expansion within the setback as well as possible encroachment within Nosegay Lane and
over the shared lot line with the abutter to the north of Locus.
4. The Locus, as shown on plan entitled "Building Location Plan of Land in
Nantucket, Mass.", dated October 25, 2018, prepared by Blackwell & Associates, Inc.,
and attached herewith as "Exhibit A" (and subsequently revised at the request of the
Board), is a corner lot abutting both Sankaty Road and Nosegay Lane, a dead-end way.
While the property has double frontage, Locus takes its thirty (30) foot front yard setback
from Sankaty Road. It is an undersized lot of record with a lot area of 5,491 square feet in
the SR -20 district where minimum required lot area is 20,000 sq. ft. The premises is
improved with a three-bedroom 1,107 sq. ft. single family dwelling. The total ground
cover ratio is 20.2%, where approximately 12.5% is allowed or 1,500 sq. ft., pursuant to
Section 139-33.E(l)(a) which reads:
2
In the case of a lot containing at least 5, 000 square feet, 1, 500 square feet of ground
cover or the amount determined in accordance with the maximum ground cover ratio
requirement for the zoning district in which the lot is situated, whichever is greater.
5. Juraj Bencat represented the Applicant at the hearing. He explained to the Board
that the As -Built dwelling is nonconforming as to southerly and northerly side yard
setbacks, being sited as close as 6.5 feet (Outdoor Shower) from the northerly side yard
lot line and as close as 9.4 feet from the southerly side yard lot line where the minimum
required side yard setback is ten (10) feet. As such, the Applicant is seeking relief to
validate the As -Built encroachments into the required ten (10) foot setbacks. The relief is
being sought pursuant 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-5 and the ten foot side and rear yard setback in R-10, SR -10, R-20
and SR -20 to five feet.
6. Applicant's representative maintained that Historic District Commissions
("HDC") Approvals were granted and a Building Permit was issued for the work in 2016.
Through inadvertent error, the architect sited basement stairs, a deck over the walkdown,
and a relocated outdoor shower inside the northerly side yard setback. Building Permit
#147-16 was issued in January 2016 for an addition of egress windows and finished
basement, in connection with HDC Certificate of Appropriateness ("COA) No. 64778.
No change in ground cover was proposed at that time. The Building Permit was amended
in May 2016 to 1) add a 45 sq. ft. covered porch, 2) extend the existing roof to
wraparound the northwest corner, 3) add basement stairs on the North elevation, 4)
relocate the outdoor shower on the north elevation, and 5) change the existing bulkhead
into an egress window. This amendment was approved in connection with COA No.s
65772 and 67162. Not all of the proposed work was completed, but the outdoor shower
and basement stairs were installed within the ten (10) foot setback on the north elevation.
7. The Board expressed some concerns with the potential encroachment of
vegetation (privet hedge and other plantings) over the shared lot line with 1 Sankaty Road
and into Nosegay Lane which was brought to their attention by the abutters to the north
and east, respectively. There was further discussion about the two existing curb cuts, one
onto Sankaty Road and one onto Nosegay Lane, where only one curb cut is be permitted
pursuant to Section 139-20.1.B(1). Although the Board was unable to determine the
validity of the alleged encroachments, they urged the applicant to rectify any intrusions
to the satisfaction of the abutters. They further requested that the Applicant either
eliminate the Nosegay Lane curb cut, or seek a waiver from the provisions of Section
139-20.1.B(1) from the Planning Board available by Special Permit pursuant to Section
139-20.1.C, and that a new As -Built be submitted showing two dimensionally compliant
parking spaces.
8. Therefore, after taking testimony from and discussion with the Applicant's
representative, the Board determined that a Special Permit may be granted based upon the
finding that the Applicant met the threshold criteria for the relief sought pursuant to By-
law Section 139-16.C(1). The relief applies specifically to reducing the setback in order
3
to validate the siting of the portions of the dwelling shown on the above -referenced plan
to be as close as 6.5 feet from the northerly side yard lot line and as close as 9.4 feet from
the southerly side yard lot line. The Board further found that such a grant of relief would
be in harmony with the general purpose and intent of the Zoning By-law. The relief shall
be restricted such that no further construction may take place within the required ten (10)
foot side yard setback areas without further relief from this Board.
9. Accordingly, by a UNANIMOUS vote of the sitting Board, the Zoning Board of
Appeals GRANTED the requested relief by SPECIAL PERMIT pursuant to By-law
Section 139-16.C(1) to reduce the side yard setbacks in order to validate the intrusions of
the dwelling within the north and side yard setbacks. Relief is conditioned upon the
following:
a. A revised Site Plan showing two proposed dimensionally
compliant parking spaces shall be submitted. Said plan entitled
"Building Location Plan of Land in Nantucket, Mass.", dated
October 25, 2018, revised January 8, 2019, and prepared by
Blackwell & Associates, Inc., is attached herewith as "Exhibit A";
and
b. There will be no further alteration or construction within the side
yard setback area of ten (10) feet without further relief from the
Zoning Board of Appeals.
4
Assessor's Map 73.1.4, Parcel 15.3
Zero Sankaty Road
Sconset Residential Twenty (SR -20)
Dated: December 13, 2018
Book 1507, Page 103
Plan Book 20, Page 117
Lot 3
Susan McCarthy
Lisa Botticelli
J"
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss.
On the day of 2019 before me, the undersigned notary
public, personally appeared WitAd.,dn`, , 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. / , �
V V
Official Signature and Seal of Notary Public
My commission expires:
& LESLIE WOODSON SNE_ LL
Notary Public 5
COMMONWEALTH OF IAASSACNUSETfS
My Commission Expires
September 26, 2025
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