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HomeMy WebLinkAbout32-19 49 Red Barn RdFee: $450.00 Owner's name(s NOV 13 2019 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Zoning u4 oa: d of Appeals NOV 12 2019 RECEIVED File No. 2____1 f Mailing address: (Do z�-; � © 2_5 S� Phone Number: E-Mail:CPl✓�- Applicant's name(s): Mailing Address: Po –\I 0 2.s -b4 Phone Number:lQ .. `sem( E -Mail: - ✓ W►+ -CVh� Locus Address: 1 „A) %x0y., 0` Assessor's Map/Parcel: (aS S Land Court Plan/Plan Book & Page/Plan File No.: 'T' a s 14 1 — Deed Reference/Certificate of Tide: 4A2(4q Ule Zoning District Uses on Lot- Commercial: None a Yes (describe) Residential: Number of dwellings Duplex 1 Apartments Date of Structure(s): all pre -date 7/72 or 1 V Building Permit Numbers: N (, 1p�% Previous Zoning Board Application Numbers:_ �' C 2 Fairgrounds Road Nantucket Massachusetts 02554 508 325-7587 telephone 508-228-7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: ` Z A -7-%l tz;;V 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: Owner* SIGNATURE: Applicant/Attorney/Agent* *If an Agent is representing the Owner or the Ipplicant, 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notice posted with Town Clerk:_/_/_ Mailed:_/_/_ I&M_/_/_ &_/_/_ Hearing(s) held on: _/_/_ Opened on Continued to:_/_/_ Withdrawn:_/_/_ Decision Due By:—/—/— Made:_/_/_ Filed w/Town Clerk:_/_/_ Mailed:_/_/_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508 325-7587 telephone 508-228-7298 facsimile Addendum A The Applicant, Patrick S. Keating ("Keating"), is the record title holder to the subject property at 49 Red Barn Road, Nantucket, MA 02554 by virtue of Certificate of Title No. 26766 registered at the Nantucket Registry District of the Land Court. The Locus is shown on Nantucket Tax Assessors Map as Parcel 63, Parcel 15, and as Lot 3 on Land Court Plan No. 35141-B filed with the Nantucket Registry District and is located in the Limited Use General Two (LUG -2) zoning district. The Applicant seeks a Variance pursuant to Nantucket Zoning By-law (the "By-law") Section 139-32 for a waiver from the front and side yard setback provisions in By-law Section 139-16.A. Specifically, Applicant proposes to move an existing single-family dwelling on the Locus to a location in the northeast corner of the lot in order to retreat from the severely eroding coastal bank to the west and south which places the dwelling in its current location in imminent danger. The proposed location shall be sited approximately 5' feet from both the northerly front and easterly side yard lot lines in a district where minimum front yard setback is 35' and minimum side yard setback is 15', or, as in this case, 10' for a lot of record. The structure thereon is conforming with respect to Ground Cover ratio, having a ground cover ratio of approximately 3.5% (1,661 +/- sf) in a zoning district that allows for a maximum ground cover ratio of 4% or 1,500 sf for undersized lots, whichever is greater. While the "Record Lot Area" is 236,121 sf, a steady yet severe erosion has reduced the lot area to approximately 47,563 sf, as measured to the top of the coastal bank, all as shown on "ZBA EXHIBIT PLOT PLAN; #49 RED BARN ROAD IN NANTUCKET, MASSACHUSETTS", dated October 31, 2019, and prepared by Nantucket Surveyors, LLC. As such, the lot is nonconforming with respect to the LUG -2 intensity regulations, having less than the required minimum lot size of 80,000 sf. In all other respects, except as noted above, the Locus and the dwelling as so relocated, will meet all dimensional requirements of the By-law. EM November 11, 2019 Nantucket Zoning Appeals Board Town of Nantucket To Whom it may concern on the Nantucket Zoning Appeals Board, I, Patrick Keating, current owner of the property at 49 Red Barn Road give the power of agency to apply for a zoning variance at the said property to Chris Carey and his associated at Carey Company Inc. If there are any questions, feel free to call me at 508-332-9272 Sincerely yours, Patrick Keating Town and County of Nantucket, MA Pi operty Information Property ID 63 15 Location 49 RED BARN RD Owner KEATING PATRICK S 51W 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 RROPRIEx09S vq 41 �h 4� November 11. 2019 1" = 340 ft \ �\ \DW /49 RED BARN ROAD PROPOSED RELOCATED ING (5' SETBACK \ \ Q 0 Q To LOT ONES) p SWEfl-U+G g.F. 888 3f1u 1� 1.� p ' \ \ a cc.1.551s CHIMNEY _ APPROX' TOP OF — ��i.� '0 \ P\ pNCB s� BE REMOVED BE RE \ \ \ qp\ O STEPS AnK'0'i _ -IC A8 E DEMINAON iLi V) DECK "i Q w ALT1t1ED N /F 4.4 �c NANTUCKET CONSERVATION FOUNDATION, INC. 63-14 EXISTING 1,L01'li SEPnc sYsTDI 10p 486.63' ' ` PROPANE PS � � J TANK DNCB FND JII OHM ND OCklE 11/2017 11 O N a WAY 33,00'WOE) CURRENT ZONING: LUG -2 MINIMUM LOT SIZE:BD,000 S.F. MNMUM FRONTAGE 150' FRONTYARD SETBACK:35' SIDE AND REAR SETBACK:15' (10' LOT OF RECORD ALLOWABLE G.C.R.:4% (2,000 S.F. 139-33E.(1)(b)) EXISTING G.C.R.:3.5St (TO CORNERBOARDS AND TOP OF COASTAL BANK) FOR PROPERTY ONE DETERMINATION THIS PLOT PLAN RE11ES ON CURRENT DEEDS AND PLANS GF RECORD. VER! BY FIELD MEASUREMENTS AS SHOWN HEREON. THIS PLAN 1S NOT REPRESENTED TO BE A TITLE EXAMINATION OR A RECORDABLE SURIEY. N.D. 370/35 oCEPN PNj\c NOTES: 1. SEE NOTICE OF VARIANCE, L.C. DOC. /17032. TEMPORARY ANTENNA 'SHALL BE DISMANTLED AND REMOVED ON OR BEFORE OCTOBER 1, 1978'. w �- 7eM� GOIE 11/2717 ZBA EXHIBIT PLOT PLAN /49 RED BARN ROAD STS \ — ' Q 0 Q e1.7•". p SWEfl-U+G g.F. 888 3f1u 1� 1.� p ' ' H cc.1.551s CHIMNEY _ APPROX' TOP OF — ��i.� g In N 0 s� .� 9/ 320 U 155JE0 11 (Z 1T 0 STEPS AnK'0'i _ -IC A8 E DEMINAON iLi V) "i Q w - ' " LOT 3 RECORD AREA=236,121± S.F. Q AREA=47,563± S.F. (TO TOP OF COASTAL BANK) / DNCB FND JII OHM ND OCklE 11/2017 11 O N a WAY 33,00'WOE) CURRENT ZONING: LUG -2 MINIMUM LOT SIZE:BD,000 S.F. MNMUM FRONTAGE 150' FRONTYARD SETBACK:35' SIDE AND REAR SETBACK:15' (10' LOT OF RECORD ALLOWABLE G.C.R.:4% (2,000 S.F. 139-33E.(1)(b)) EXISTING G.C.R.:3.5St (TO CORNERBOARDS AND TOP OF COASTAL BANK) FOR PROPERTY ONE DETERMINATION THIS PLOT PLAN RE11ES ON CURRENT DEEDS AND PLANS GF RECORD. VER! BY FIELD MEASUREMENTS AS SHOWN HEREON. THIS PLAN 1S NOT REPRESENTED TO BE A TITLE EXAMINATION OR A RECORDABLE SURIEY. N.D. 370/35 oCEPN PNj\c NOTES: 1. SEE NOTICE OF VARIANCE, L.C. DOC. /17032. TEMPORARY ANTENNA 'SHALL BE DISMANTLED AND REMOVED ON OR BEFORE OCTOBER 1, 1978'. w �- 7eM� GOIE 11/2717 ZBA EXHIBIT PLOT PLAN /49 RED BARN ROAD IN NANTUCKET, MASSACHUSETTS FAA J. SCALE:1'-40' DATE:10/31/19 DEED REFERENCE:LC. CERT. /26756 888 3f1u 1� PLAN REFERENCE:LC. PLAN /35141-8 ASSESSOR'S REFERENCE: E MAP:63 PARCEL: 15 PREPARED FOR: PATRICK S. KEATING NANTUCKET SURVEYORS LLC 5 WINDY WAY NANTUCKET, MA. 02554 N-10917 Town of Nantucket Zoning Board of Appeals �pgRQ �Fq O �olj•( SSFS ,VgN11'0 24919 T �CK$� • Mq LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF. PROPERTYOWNER ....................................................... ........... MAILING ADDRESS.......... PO g ox 3.� ........... �� ....... PROPERTY LOCATION .............: ... • �• ............................... ....... ASSESSOR MAP/PARCEL................................ APPLICANT ............ . SEE ATTACHED PAGES I certify that the foregoing is a list of persons who are owners of abutting property, owners of land directly opposite on any public or private street or way; and abutters of the abutters and all other land owners within 300 feet of the property line of owner's property, all as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 40A Section 139-2 DATE A ESSOR'S OFFICE Town of Nantucket ......... :� :;F $ .......(1) z: ................... lG a.� :� 2 }) :) \ /\ . % \ \ � \ : :: ( ::P; : m.: Lf)2 : ........... . 04 / /: } { y ......... %� .. . G$ 2 $ 0i $: :G : :z:� :� !� 3:z : « $ « » : z z�. k: '2 2 )§ ° :§ .o :2 i° :l : :° �k : , :> ; ! 7 :, , R : � . �. . d� \ /: ) LLI LLI �Z ! : :w : :k: \ : / /G$ &§\m : t fuF }'o Ge2�: /&\2 �:< 15 �:e a :2 !oz : L>, : \ :S )S |u ee §: ee !m :£ :- :2 : - 4 (§ m : : 3 : z \ @: ; . ;;w :;F .......(1) ................... lG g CO : s ; :: ( ::P; NANTUCKET CONSERVATION FOUND I KEATING PATRICK S NANTUCKET CONSERVATION FOUND PO BOX 13 PO BOX 565 PO BOX 13 NANTUCKET, MA 02554 NANTUCKET, MA 02554 NANTUCKET, MA 02554 NANTUCKET CONSERVATION FOUND I LUCIER P JEFFREY TRUSTEE PO BOX 130 THE LUCIER NOMINEE TRUST NANTUCKET, MA 02554 2665 EAST OVERLOOK ROAD CLEVELAND HEIGHTS, OH 44106 3�o,aaNlucKFr��. o y, �9pflAj��\ TOWN OF NANTUCKET t BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554N;_ r Date: December 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.: 32-19 Owner/Applicant: PATRICK S. KEATING Property Description: 49 Red Barn Road Map 63, Parcel 15 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. Anton ie , 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 63, Parcel 15 Certificate of Title No. 26766 49 Red Barn Road Land Court Plan 35141-B Limited Use General Two (LUG -2) Lot 3 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals ("ZBA"), opened at 1:00 P.M. on December 12, 2019, in the Conference Room, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the application of PATRICK S. KEATING, Post Office Box 3577, Nantucket, Massachusetts 02584, File No. 32-19. 2. The Applicant seeks relief by Variance pursuant to Zoning By-law Section 139- 32 for a waiver from the front and side yard setback provisions in Section 139-16.A. Specifically, Applicant proposes to move an existing dwelling to a location in the northeast corner of the lot, roughly five (5) feet from the front and side yard lot lines, in order to retreat from the severely eroding coastal bank which places the structure in its current location in imminent danger. Locus is situated at 49 Red Barn Road, shown on Assessor's Map .63 as Parcel 15, and as Lot 3 upon Land Court Plan 35141-B. Evidence of owner's title is registered on Certificate of Title No. 26766 at the Nantucket County District of the Land Court. The site is zoned Limited Use General Two (LUG -2). 3. Our decision is based upon the application and accompanying materials, representations, and testimony received at our public hearings. There was no Planning Board recommendation on the basis that no matters of planning concern were presented. There was no opposition, written and oral, presented at the public hearing. 4. Applicant is requesting Variance relief pursuant to Nantucket Zoning By-law Section 139-32 from the intensity regulations (139-16) for front and side yard setbacks. The relief requested to reduce front and side yard setback requirements on the locus would enable the property owner to move the existing structure further away from the eroding coastal bank. The proposed relocated dwelling will be no closer than five (5) feet from the northerly front yard and easterly side yard lot lines in the Limited Use General Two (LUG -2) zoning district where front yard setback is thirty-five (35) feet and side yard is fifteen (15) feet. In the case of an undersized lot of record such as the Locus, the side yard setback shall be ten (10) feet pursuant to Section 139-33.E(2)(a). 2 5. The property is shown upon the site plan entitled "ZBA Exhibit Plot Plan; #49 Red Barn Road in Nantucket, Massachusetts", prepared by Nantucket Surveyors, LLC, dated October 31, 2019, and revised on January 8, 2020, a reduced copy of which is attached herewith as "Exhibit A". As shown thereon, the lot is said to have a record area of 236,121 square feet. However, due to erosion over time, the effective and useable lot area has been reduced to 47,563 sq. ft. where minimum lot size is 80,000 sq. ft. 6. The 1,661 sq. ft. two-story dwelling structure is being relocated to the northeasterly corner of the lot due to danger posed by the rapidly eroding coastal bank along the shoreline of Madaket and abutting the lot to the southwest. Aerial images of the Locus illustrate the dramatic progression of the erosion since 1998. The surveyor formulated the proposed relocation in order to save the house, well, and septic system. In addition, the front landings will be removed from the easterly elevation in order to avoid a further setback intrusion. 7. A granting of relief by Variance pursuant to Nantucket Zoning By-law Section 139-32.A requires that the Board: [... ] specifically finds that owing to circumstances relating to soil conditions, shape or topography of such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this chapter would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and the desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such By-law. 8. Therefore, based upon the foregoing, the Board specifically finds that owing to circumstances relating to the soil conditions, shape, and topography of the Locus and the rapidly eroding coastal bank and existing location of the septic system, and especially affecting the Locus but not affecting generally the LUG -2 zoning district, a literal enforcement of the provisions of the By-law, and specifically Section 139-16, would involve substantial hardship, financial or otherwise, to the Applicant, and the desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this By-law. 9. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board grants relief by VARIANCE pursuant to Zoning By-law Section 139-32 from the provisions in Section 139-16 to approve the relocation of the existing single-family dwelling approximately five (5) feet from the front and side yard lot lines with a new parking area to the south of the relocated dwelling, as shown on the attached "Exhibit A". 3 Assessor's Map 63, Parcel 15 49 Red Barn Road Limited Use General Two (LUG -2) Dated: December 12, 2019 Certificate of Title No. 26766 Land Court Plan 35141-B Lot 3 - r(/ %, - -- -r• v - Michael J. O'Mara Kerim Koseatac COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss nd On the day ofd` ,,2�0t , •before ane, the undersigned notary public, personally appeared ,� S ' dao '�Tl W � % , 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 he signed the foregoing instrument voluntarily for the purposes tkerein esse 7 MEGAN TRUDEL Of ficial Sign tur and Seal of Notary Public Notary Public COMMONWEALTH OF MASSACHUSETTS My commisS n pires: �' ��a My Commission Expires On May 08, 2020 2 I � I I I I I I ♦`O"� I I \L I I � I I I 0� I o L OI I Q OIg '1 N� Q I� I O g V) W e QI n �I O I � I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 4 �Pi�tM1 Ec CAOPDSCD RROGILD 4D—,0.. N/F NANTUCKET CONSERVATIONsFOUNDATION, INC63-14 SFAnCSKKH____ WAY 33.Od "D) CURRENT ZONING:LUC-2 MINIMUM LOT SIZE:60,000 S.F. MWIMUM FRONTAGEA50' FRONTYARO SETBACK: 35' SIDE AND REAR SETBACK:15' (10' LOT OF RECORD) ALLOWABLE G.C.R.:4X (2,000 Sf. 139-33E.(1)(D)) EXISnNG O.C.R.:3.SYA (10 CCRNERBOAROS AND TOP CF COASTAL BANK) FOTI FPIY'fA TY L'NE CETQtY NA— 1H'5 PLOT PINI NEpr� W—T YEAR dD,rs91�CaN HRESX. OTMtARiS PUN 6 XDi 1. PEPPfSFI TiT[D lD RE A T112 v cN oR A uDDlmaalt suP�cY. — �- b A COAST AI BPNX t0, 11-19 — ' PPPRO%. jr? OF ioi �.i m ' ' COPSiAL 6P% PUu`lyUn i5SUFD 11 J29i Si£EhR4.MAT LOT 3 RECORD AREA=236,121± S.F. AREA=47,563± S.F. (TO TOP OF COASTAL BANK) ppEp,N A.��ANS1C f trF;,14�_AUL 1.'�i�ANT( 36124 4/v wo NOTES I. SEE NOTICE OF VARIANCE. L.C. DOC. #17032 TEMPORARY ANTENNA SHALL BE OISMANiIED AND REMOVED Cl Cl BEFCRE OCTOBER 1, 1911'. 2 PARKWG SPACE (9'K20') 0 T. usseu�tovmlcaor,Iasca suwlcxToals�.uTouD,vlasTrv�..v:n nlsny. vra. T,a^o:o lrn>4 an 20A EXHIBIT PLOT PL -14 #49 RED BARN ROAD IN NANTUCKET, MASSACHUSETTS SCALE:I'.40' DATE:10/31/19 REVISED 1/6/2020 PARKING ADDED DEED REFEREN CEL -C. CERT. #257E5 PLAN REFERENCE LC. PIAN /35141 ASSESSCR'S REFERENCE MAP, 63 PARCEL 15 PREPARED FOR: PATRICK S. KEATNG NANTUCKET SURVEYCRS LLC 5 WINDY WAY NANTUCKET, MA 02554 : i'7 "EXHIBIT A"