HomeMy WebLinkAbout25-19 39 Meadow View DrFee: $450.00
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
Owner's name(s): Jane and Brian Debiasio
Mailing address: 39 Meadow View Drive Nantucket MA 02554
File No. 46-- 19
Phone Number: 508-332-6729 E -Mail: agent- czarinalinda&comcast.net
Applicant's name(s): (Same)
Mailing Address:
Phone Number:
Locus Address: 39 Meadow View Drive
Assessor's Map/Parcel: 56-133
Land Court Plan/Plan Book & Page/Plan File No.: Lot 50 on #LC Plan 14830-0
Deed Reference/Certificate of Title: 23.121 Zoning District R-20
Uses on Lot- Commercial: None X Yes (describe)
Residential: Number of dwelling: 1 Duplex Apartments
Date of Structure(s): all pre -date 7/72 1988 or
Building Permit Numbers:
Previous Zoning Board Application Numbers: 030-11
2 Fairgrounds Roa d Nantucket Massachusett s 02554
508-228-7215 telephone ___ __„ . ..
State below or attach a separate addendum of specific special permits or variance relief applying
for:
(SEE ATTACHED ADDENDUM)
I certify that the information contained herein is substantially complete and true
to the best of my knowledge, under the pains and penalties of perjury.
SIGNATURE: F� Owner*
SIGNATURE: Applicant/Attorney/Agent*
*If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency.
OFFICE USE ONLY
Application received on: / / By: Complete: Need Copies: Filed
with Town Clerk:—/—/_ Planning Board:_/_/_ Building Dept.: By: Fee
deposited with Town Treasurer:_/_/_ By: Waiver requested:
Granted: / / Hearing notice posted with Town Clerk:—/—/ Mailed: /
I&M / / & / / Hearing(s) held on: / / Opened on:
Continued to: / / Withdrawn: / / Decision Due By:
Made: / / Filed w/Town Clerk: / / Mailed: /
2 Fairgrounds Roa d Nantucket Massachusett s 02554
508-228-7215 telephone __„ ____ , . ..
ADDENDUM
Applicants are seeking MODIFICATION of the Special Permit relief granted in Board of Appeals
("ZBA") Decision #030-11 ("Decision"). The ZBA granted relief to reduce the sideline setback
from 10 feet to five (5) feet in order to construct a garage/studio about 5.5 feet from the
northerly side yard lot line. The structure has been constructed and when the "as -built" survey
was done in pursuit of the Certificate of Occupancy issues arose related to certain conditions
contained in the Decision. Applicants also propose to alter other conditions.
Condition "b" states that there would be no bathtub or shower facilities in the studio.
Applicants are seeking elimination of this condition. At the time of grant of Special Permit relief
the area was not served by town sewer. Since that time the town has provided sewer service.
The property is on town water. The "no human habitation" designation will remain, though
there are several secondary dwellings in the same subdivision.
Condition "c" limits the footprint, which more appropriately should have been stated as
"groundcover", to a maximum of 582 SF. The new survey indicates that the groundcover as
currently calculated under the By-law is about 595 SF, an increase of 13 SF. Applicants are
seeking validation of the existing groundcover.
Condition "d" limits the maximum ridge height of the structure at 23 feet. The note included in
this application from Jeff Blackwell states that the height is 23.3 feet, an increase of about 3.5
inches. Applicants are seeking validation of the existing height of the structure.
Though the notice for the previous Special Permit request was for reduction of the side yard
setback to five feet from 10 feet, and the original proposal was specifically for "approximately
5.5 feet" from the northerly side yard lot line, the survey has confirmed that the northerly side
yard setback is 5.3 feet at the structure's closest point, still in excess of five feet and an about
1.5 inches difference. Applicants are seeking validation of the existing setback distance.
Relief could be granted as the alterations would continue to be in harmony with the general
purpose and intent of the Zoning By-law, the finding made in the previous Decision.
2 Fairgrounds Roa d Nantucket Massachusett s 02554
508-228-7215 telephone ___ ___ ___„ . . ..
Town and County of Nantucket, MA August 15, 2019
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Property Information
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Property ID 56 133 _
Location 39 MEADOW VIEW DR "
Owner DEBIASIO JAYNE C & BRIAN F��
MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
Town and County of Nantucket, MA makes no claims and no
warranties, expressed or implied, concerning the validity or
accuracy of the GIS data presented on this map.
Geometry updated 11/13/2018
Data updated 11/19/2018
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BLACKWELL & ASSOCIATES, INC.
PROFESSIONAL LAND SURVEYORS
20 TEASDALE CIRCLE
NANTUCKET, MASSACHUSETTS 02554
(508) 228-9026
FAx: (508) 228-5292
www.blackwellsurvey.com
B7378
August 13, 2019
Brian and Jayne DeBiasio
39 Meadow View Drive
Nantucket, MA 02554
Re: Special Permit 030-11; #39 Meadow View Drive
Dear Brian and Jayne,
I am writing to inform you that the height of the garage/studio is 23.3'. The ZBA decision
stated that the studio shall be no higher than 23'.
Please call if you have any questions.
Sincerely,
Blackwell & Associates, Inc.
By Jeffrey L. Blackwell, P.L.S.
JLB/dmm
134331
111
Can: 23121 Doc: SP
Registered: 08/09/2011 01:62 PM
TOWN OF NANTUCKET -
BOARD OF APPEALS -^
NANTUCKET, MASSACHUSETTS 02554
ro
Date: July 15, 2011
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No:
030-11
Owner/Applicant: BRIAN F. DEBIASIO AND JAYNE C. DEBIASIO
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 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.
S- 1,
Edward S. Toole, Chairman
cc: Town Clerk
Planning Board
Building Commissioner/Zoning Enforcement Officer
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIM LIMIT
AND WILL 1"IRE IF NOT ACTED UPON ACCORDING TO PUWMCKZT ZONING
BY-LAW SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32
(VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD
OF APPEALS OFFICE AT 508-228-7215.
Assessor's Map
39 Meadow View
Residential -
DECISION:
134331
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
56, Parcel 133 Land Court Plan 14830-0, Lot 50
Drive
20 Certificate of Title No. 23,121
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, June 9, 2011, at 1:00 P.M., at 4
Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of BRIAN F. DEBIASIO AND
JAYNE C. DEBIASIO, c/o Paul S. Jensen, PC, PO Box 3097,
Nantucket, MA 02584, File No. 030-11:
2. Applicant is requesting Special Permit relief pursuant
to Nantucket Zoning Bylaw Sections 139-16.C.(1) (reducing side
yard setback to five feet) in order to construct a garage/studio
approximately 5.5 feet from the side yard lot line in a zoning
district that requires a ten (10) foot side yard setback that
can be reduced to five (5) feet with Special Permit relief. The
Locus is situated at 39 Meadow View Drive, is shown on Nantucket
Tax Assessor's Map 56 as Parcel 133, is shown on Land Court Plan
14830-0 as Lot 50, and is registered as Certificate of Title No.
23,121 in the Nantucket County Registry District of the Land
Court. The property is zoned Residential - 20.
3. Our decision is based upon the application and
accompanying materials, representations, and testimony received
at our public hearing. There was no Planning Board
recommendation on the basis that no matters of planning concern
were presented. There was one (1) letter from -the direct
abutter to proposed garage/studio and a petition signed by nine
(9) additional abutters, all approving the Applicant's plans and
urging the Board to grant the requested relief
4. Attorney Paul Jensen and the Applicant were present at
the hearing. Attorney Jensen explained that the Applicant is
requesting Special Permit relief pursuant to Nantucket Zoning
Bylaw Section 139-16.C.(1) in order to reduce the side yard
setback from ten (10) feet to five (5) feet.
1
134331
The Applicant stated that he intends to construct a
garage/studio approximately 5.5 feet from the side yard lot line
in a zoning district that requires a ten (10) foot side yard
setback that can be reduced to five (5) feet by Special Permit.
The Applicant is burdened by existing wetlands on the property.
The only location where the Applicant could build outside the
50' wetland boundary is within the ten (10) foot side yard
setback.
The Board asked the purpose of the studio and reiterated to the
Applicant that such a structure shall not be for human
habitation. The Applicant confirmed that the use would not be
for human habitation.
5. Therefore, after a discussion with the Applicant and
Counsel for the Applicant, the Board finds that such a Special
Permit may be granted to reduce the side yard setback from ten
(10) feet to five (5) feet to allow the applicant to site the
studio because such a permit would be in harmony with the
general purpose and intent of the Zoning Bylaw.
6. Accordingly, by a vote of FOUR in favor and ONE opposed
(McCarthy opposed), the Board of Appeals made the finding that a
Special Permit reducing the side yard setback from ten (10) feet
to five (5) feet could be granted to the Applicant in order to
allow the Applicant to site a studio within said ter. (10) foot
setback would be in harmony with the general purpose and intent
of the Zoning Bylaw with the following conditions:
a.Said studio shall not be for human habitation.
b. There shall be no bathtub or shower facilities in the
Studio.
c. The footprint of the studio shall be no larger than 582
square feet, as shown on the attached site plan entitled,
"Site Plan to Accompany Zoning Board of Appeals
Application," prepared by Blackwell and Associates, Inc.,
dated May 10, 2011, attached hereto as "Exhibit A."
d. The ridge height of said studio shall be no higher than
twenty-three (23) feet.
SIGNATURE PAGE TO FOLLOW
2
Dated: v `� ,2011
134331
Dale ..Taine-
4L
�uSsan McCarty
COMMONWEALTH OF MASSACHUSETTS J
Nantucket, ss. 4 2011
On this i( day of 'A 2011, before me, the undersigned Notary Public, personally appeared
_ tj , who is personally known to me, and who is the person whose
name is signed on the preceding or attached document, and who acknowledged to me thatpshe signed it
voluntarily for its stated purpose.
.. (.;C)Py
ATTEST: A
NANTUCKET TOwN CLERK
Nrr Public:
My commissipus;
THE DECISION W=LED 1N ELAPSED OF THE
AFTER
TOWN G,lll. AND THAT NO APPEAL HAS BEEN
FILED, NWANTTO GENERAL i.AWS 44,SEC M 11
r- wt� 00 MW rel I
AUG 0 9 2011
134331
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;TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
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44
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER JAYNE AND BRIAN DEBIASIO
MAILING ADDRESS 39 MEADOW VIEW DR. NANTUCKET, MA 02554
PROPERTY LOCATION 39 MEADOW VIEW DRIVE
ASSESSORS MAP/PARCEL 56-133
SUBMITTED BY LINDA WILLIAMS
SEE.ATTACHED PAGES
I certify that the foregoing is a list of persons who are owners of land directly
adjacent to the subject property or directly opposite the subject property on any
public or private street or way, all as they appear on the most recent applicable
tax list.
DATE:
F,t 3
ASSESSORS OFFICE
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2015 i 6 -9 Pr4i ?: 40
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: September 27, 2019
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No.: 25-19
Owner/Applicant: JAYNE C. DEBIASIO & BRIAN F. DEBIASIO
Property Description
39 Meadow View Drive
Map 56, Parcel 133
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 56, Parcel 133
39 Meadow View Drive
Residential Twenty ("R-20")
DECISION:
Certificate of Title No. 23121
Land Court Plan No. 14830-0
Lot 50
At a public hearing of the Nantucket Zoning Board of Appeals, held on Thursday, September
12, 2019 at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of JAYNE C. DEBIASIO & BRIAN F. DEBIASIO,
39 Meadow View Drive, Nantucket, Massachusetts 02554, File No. 25-19.
2. Applicants are seeking to modify prior relief by Special Permit (Decision File No. 030-11)
which permitted a reduction of the sideline setback from ten (10) feet to five (5) feet in order
to construct a garage/studio within the northerly side yard setback. The structure has been
constructed and when the "as -built" survey was done in pursuit of the Certificate of
Occupancy, issues arose related to certain conditions contained in the Decision which
applicants seek to either eliminate or alter in order to validate the as -built structure. Locus is
situated at 39 Meadow View Drive, shown on Assessor's Map 56 as Parcel 133, as Lot 50
upon Land Court Plan 14830-0. Evidence of owner's title is registered on Certificate of Title
No. 23121 at the Nantucket County District of the Land Court. The site is zoned Residential
Twenty (R-20).
3. Our decision is based upon the application and accompanying materials, representations and
testimony received at our public hearing. There was no Planning Board recommendation on
the basis that no matters of planning concern were presented. Except for presentation by the
applicants' representative, there was neither support nor opposition presented at the public
hearing.
4. Applicants' representative explained that the Applicant is requesting to modify prior Special
Permit relief granted in Zoning Board of Appeals Decision No. 030-11 (registered as
Document No. 134331 at the Nantucket County District of the Land Court) which approved
a reduction of the sideline setback from ten (10) to five (5) feet pursuant to Section 139-
16.C(1) to allow construction of a garage/studio as close as 5.5 feet from the northerly side
yard lot line. The approval was subject to the following conditions:
a. Said studio shall not be for human habitation.
b. There shall be no bathtub or shower facilities in the Studio.
c. The footprint of the studio shall be no larger than 582 square feet, as shown on
the attached site plan entitled, "Site Plan to Accompany Zoning Board of
Appeals Application, " prepared by Blackwell and Associates, Inc., dated May
10, 2011, attached hereto as "Exhibit A. "
d. The ridge height of said studio shall be no higher than twenty-three (23) feet.
The studio has been constructed and when the "as -built" survey was done in pursuit of the
Certificate of Occupancy, certain discrepancies became apparent in connection with specific
conditions contained in the Decision.
5. Applicants propose to modify or eliminate three of the conditions in the prior decision in the
following manner:
Elimination of condition (b) prohibiting bathtub or shower facilities in the Studio. In 2011
when the Special Permit was granted, the area was not yet on Town sewer but has since
been connected. The property is also on Town water.
Modification of condition (c) to validate the As -Built ground cover of the garage at 595
sq. ft. as shown on plan entitled, `Building Location Plan of Land in Nantucket, Mass.",
dated August 2, 2019, prepared by Blackwell & Associates, Inc., a reduced copy of which
is attached herewith as "Exhibit A", for a difference of roughly thirteen (13) sq. ft.
Modification of condition (d) to validate the As -Built ridge height of the garage at 23.3
feet, an increase of roughly 3.5 inches from the maximum permitted 23 feet, per letter dated
August 13, 2019, from Jeff Blackwell, P.L.S. dated 8/13/19, submitted with this
application.
6. In addition, Applicants are seeking validation of the As -Built siting of the garage/studio. The
approval was for a reduction from ten (10) feet to "approximately 5.5 feet" from the northerly
side yard lot line. However, the above -referenced survey shows the structure as close as 5.3
feet, in excess of five (5) feet allowable by Special Permit relief pursuant to Section 139-
16.C(1), for a difference of roughly 1.5 inches.
7. Accordingly, by UNANIMOUS vote, the Zoning Board of Appeals made the finding that the
proposed amendments to the prior Special Permit granted in File No. 030-11 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 applicants, by striking condition (b),
modifying conditions (c) and (d), and validating the as -built garage/studio as shown on
"Exhibit A", all as set forth above. Condition (a) and the remainder of the relief in said Special
Permit shall remain in full force and effect.
SIGNATURE PAGE FOLLOWS
Assessor's Map 56, Parcel 133
39 Meadow View Drive
Residential Twenty ("R-20")
Dated: September 12, 2019
Nantucket, ss.
Certificate of Title No. 23121
Land Court Plan No. 14830-0
ich el O'Mara
Geoffrey Wf Thayer
COMMONWEALTH OF MASSACHUSETTS
On the day of v , 2019, before me, the undersigned notary public,
personally appeared ( , 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.
h- V,
Officia'T Signae d S al of Notary ublic
My commissio a ires: 00 a U
MEGAN TRUDEL
Notary Public
COMMONWEALTH OF MASSACHUSETTS
My Commission Expires On
May 06, 2020
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