The URL can be used to link to this page

Home My WebLink About40-18 85 Millbrook Road�N ` 2019 FEB 15 P� 1; C� TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: February 14, 2019 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No.: 40-18 Owner/Applicant: BARBARA BEINECKE SPITLER Property Description: 85 Millbrook Road Map 40, Parcel 26.2 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 26.2 85 Millbrook Road Limited Use General -2 (LUG -2) DECISION: Certificate of Title No. 20906 Land Court Plan 8852-P Lot 24 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 BARBARA BEINECKE SPITLER, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 40-18: 2. The applicant requests that the Decision of the Board of Appeals in File No. 014-07, which granted relief by Special Permit to increase the pre-existing nonconforming ground cover upon locus, which became nonconforming as a result of rezoning from Residential -2 (R-2) to Limited Use General -2 (LUG -2) at the 2006 Annual Town Meeting, be modified by striking the condition contained in subparagraph 9(b) thereof, that "There shall be no secondary dwelling contained upon the locus, without further relief from this Board". Further, the applicant requests that the decision be clarified to specifically state that the maximum ground cover upon locus, which was allowed to be 5.7% under the provisions of the decision, may be utilized to increase the total ground cover upon locus, which is now about 4.7%, up to 5.7%, regardless of the configuration of the structures and not specifically for the alterations covered by the Special Permit, not all of which were constructed. Locus is situated at 85 Millbrook Road, is shown on Nantucket Assessor's Map 40 as Parcel 26.2, consists of Lot 24 on Land Court Plan 8852-P, and is situated in the Limited Use General -2 (LUG -2) zoning district. 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. Except for the presentation by the applicant's counsel, there was no support nor opposition presented at the public hearing. 4. As set forth in the Board of Appeals decision in File No. 014-07 (registered with the Lanc Court as Document 121612), locus had been partly situated in a R-2 zoning district, with maximum allowed ground cover of 12.5% and partly in a LUG -2 zoning district, with maximum ground cover of 4%. The passage of Article 32 at the April 2006 Annual Town Meeting relocated the boundary line between R-2 and LUG -2 districts so that the locus was then situated entirely within the LUG -2 district and thus subject to the maximum ground cover ratio of 4%. Prior to this change, 2 the structures upon locus had been situated entirely within the R-2 district and were in conformity with ground cover requirements, with a substantial amount of additional ground cover being available as a matter of right. The effect of the amendment was to place the single-family dwelling and ancillary structures upon locus in a pre-existing, nonconforming condition as to ground cover. Based upon the status afforded pre-existing, nonconforming single and two-family dwellings under M.G.L., c. 40A, § 6, and with the advice of Town Counsel, the Board of Appeals found that the extension of the nonconformity, by increase in ground cover, would not be substantially more detrimental to the neighborhood than the existing nonconformity, and granted Special Permit relief to allow the project then proposed by the applicant with expansion of ground cover from about 4.03% up to 5.7%. This Special Permit was granted subject to the following conditions: (a) The proposed alterations shall be performed in substantial conformity with the plans as approved by the HDC under Certificates of Appropriateness Nos. 48,887 and 49,020, as may be amended from time to time; (b) There shall be no secondary dwelling contained upon the locus, without further relief from this Board; (c) There shall be no further expansion of maximum ground cover of 5.7% allowed herein, without further relief from this Board; and (d) The applicant and her successors in title shall maintain the existing wooded area situated between the structures upon the locus and Millbrook Road as screening. 5. The applicant did not undertake all of the work authorized by the decision in File No. 014- 07, and the present ground cover upon locus, as shown upon a Building Location Plan by Bracken Engineering, Inc., dated October 10, 2018, a copy of which is attached hereto, is 4,563± square feet, yielding a ground cover ratio of roughly 4.7%, upon the Locus which has a lot area of 98,147± square feet. 6. As set forth above, the applicant now wishes to have the decision in File No. 014-07 clarified, to provide that the additional ground cover allowed by that decision, up to a ratio of 5.7% as provided therein, may be used for any prospective changes, not limited to the plans which were submitted to the Board of Appeals in File No. 014-07 and approved by the HDC under Certificates of Appropriateness Nos. 48,887 and 49,020, as referenced therein. The applicant accordingly requests that condition (a), as set forth in Paragraph 9 of the decision in File No. 014-07 be deleted. 7. The applicant further requests that condition (b), as set forth in Paragraph 9 of the decision in File No. 014-07, prohibiting a secondary dwelling upon locus, be deleted. At the time of that decision, a deed restriction was in place prohibiting secondary dwellings. That restriction has now 3 expired as a matter of law and has been deleted by Order of the Land Court from the applicant's Certificate of Title. At the time of the hearing in File No. 014-07, there was opposition by a neighbor who was concerned about the possibility of a secondary dwelling (although that had not been applied for by the applicant and the deed restriction was then in full force and effect); no such opposition was presented in connection with the present application. 8. Accordingly, by UNANIMOUS vote, the Board of Appeals made the finding that the amendments to the prior Special Permit granted in File No. 014-07 were in harmony with the purpose and intent of the Zoning By-law, and GRANTED the MODIFICATION to the SPECIAL PERMIT as requested by the applicant, by striking conditions (a) and (b) from the decision in File No. 014-07, so that the maximum ground cover ratio upon locus shall be 5.7% without any restriction imposed by the decision as to how that ground cover may be utilized, and there shall be no prohibition imposed by the decision upon a secondary dwelling upon locus. Conditions (c) and (d) of the decision, as set forth above, shall be and remain in full force and effect. 4 Assessor's Map 40, Parcel 26.2 85 Millbrook Road Limited Use General -2 (LUG -2) Dated: November 8, 2018 Nantucket, ss. Certificate of Title No. 20906 Land Court Plan 8852-P Lot 24 Susaff UcCarthy Mmedk Poor Mondani COMMONWEALTH OF MASSACHUSETTS On the (`I �` day of vua,, , 2019, before me, the undersigned notary public, personally appeared , one of the above-named members of the Zoning Board of Appeals of Nantuch6 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. MEGAN TRUDEL Notary Public IV COMMONWEALTH Of MASSACHUSETTS My Commission Expires On May 08, 2020 Official Sidnature a Seal of Notary Public My commission ex it g 1 C3 Q Cj V 'EXHIBIT A' 11 I '0 "� Od Jamba Qj fY V d-ZS88 OA/ Uo/d 07 U �+ egW� s'SF QO FSF2S �� O 0 � Ob0�1d'M°�Q1,jti 41: v �4 26. 1 j- o 1, W pEGK FEGE h o / o " o � R Z � � O m Q� m 7 / ap0 V W ry ,Inv U 0 �N" z 0 s / o a k} m o m o Z o Q co J � UJ W V) Y DN i r = LLJU <N v 1_ 259.55" < Z w N 004522" W U� Q Q W W O U m af n- OVOY (-GM 376111,M) YOOY877/P/ o w Of m CSU m _Z a: co 1. ti 0 < Q = U ^ Z m FF ^fir*rr h Y ov�i v�O �U 'K X -- q- h 4 [n r ¢pp UL�� W `�-c�3 b W pz L -,4O ZW h p\ W h Y M n U co Li Go IL ~ s N U n Z v'Now o� w LLJ o ozcs = 0<9 ' bym�� J C7 N z�; X ° nQ a <M Z 2 00 m 7A LLJ ) U <n Ih, �� Or1W00 W Z QWOoOcr Q: maw U O Q<<} 0 }O W�� S x Z U cn LLJ w Ca oh i I—O I—W� 3 W c�m�m s 0 Q� O�ZUQO , ZLZI O Z 2(n I I 3 -j Li ON W Z ^ W J cr cto o o a xp o x of a� ri