HomeMy WebLinkAbout041-04
TOWN OF NANTUCKET
BOARD OF APPEALS
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NANTUCKET, MASSACHUSETTS "'02554 .Y)
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To: Parties in Interest and, Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: OLfI-oLf
Owner/Applicant: (brCbc,S rJnptr'On 1-+aff )fV'cJ;'tee
O~ (fllQ lieu) lJ l'lJ 0 4j: ~(6) ,nee- 1f"'U3\
Enclosed is the Decision of the BOARD OF APPEALS which has
this day been filed in the office of the Nantucket ~own
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 an complaint in 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.
cc: Town Clerk
Planning Board
Building Commissioner
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME
LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING'TO NANTUCKET
ZONING BY-LAW ~139-30I (SPECIAL PERMITS); ~139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET ZONING BOARD OF APPEALS
1 East Chestnut Street
Nantucket, Massachusetts 02554
61 Quidnet Road, Nantucket
Assessor's Map 21, Parcel 81.3
Residential-2
Lot 53, Land Court Plan No. 8606-M
Certificate of Title No. 21,124
DEOSION:
1. At public hearing of the Nantucket Zoning Board of Appeals, on
Friday, August 13,2004, at 1:00 P.M. (originally noticed for and opened at the
July 9, 2004 public hearing), in the Conference Room in the Town Annex
Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the
following Decision on the Application (041-04) of BROOKS CHAPMAN HALL,
TRUSTEE OF LAKEVIEW VILLA II NOMINEE TRUST, of 30 Peachcroft Drive,
Bemardsville, NJ 07926, dated January 29, 2004 and recorded at the Nantucket
Registry District for the Land Court as Document No. 106036 in connection with
property known as 61 Quidnet Road, Nantucket, Massachusetts.
2. Applicant is seeking relief by SPECIAL PERMIT under Nantucket
Zoning By-law Section 139-33-A (alteration/extension of a pre-existing
nonconforming structure/use), and to the extent necessary, MODIFICATION of
the VARIANCE relief granted in the Decision in BOA File No. 018-01, which
validated the Locus as a separately marketable and buildable lot. Such
validation did not change the grandfathered nonconforming siting of the
original single-family dwelling and specifically allowed the predecessor in title
to construct up to the allowable 1,500 square feet of ground cover without
requiring further relief from this Board. Applicant is before the Board as there is
work proposed within the required 30-foot front yard setback area as Applicant
plans to relocate the existing nonconforming structure by moving it back further
from the front yard lot line to a point about 13.0 feet from said lot line. The
structure would not be brought into full compliance but relocation would reduce
the front yard setback nonconformity. Applicant is also proposing to
substantially renovate the structure, by reallocating existing ground cover and
increasing the ground cover from about 1,120 square feet to a total ground cover
of about 1,454 square feet, under the allowed maximum ground cover of 1,500
square feet for undersized lots in this district and as permitted as stated above.
The Locus is nonconforming as to front yard setback, with the structure being
sited as close as about 5.9 feet from the front yard lot line, in a district that
requires a minimum front yard setback of 30 feet; and as to lot size, with the Lot
containing about 10,831 square feet of lot area in a district that requires a
minimum lot size of 20,000 square feet. The property is conforming as to
parking, ground cover and side and rear yard setback requirements and would
continue to do so after alteration and expansion of the structure. The property is
conforming in all other respects to the dimensional requirements of the Zoning
By-law.
The Premises are located at 61 Quidnet Road, Assessor's Map 21, Parcel
81.3, Land Court Plan No. 8606-M, Lot 53. The property is zoned Residential-2.
3. Our Decision is based upon the Application and accompanying
materials, and photographs, representations and testimony received at our
public hearings. The Planning Board made no recommendation finding that the
Application did not present any issues of planning concern. Abutters spoke both
in favor of and against the Application. There were three letters on file, one from
the Applicant detailing their plans and one from an abutter that expressed
opposition to the project in the location as originally proposed. The third was a
letter in support signed by several Quidnet residents.
4. Applicant represented that this Board established in its Decision
affecting the property in BOA File No. 018-01, that the Premises were improved
with a two-bedroom single-family dwelling that was constructed some time
around 1930 and thus grandfathered. Aerials in the Town record reviewed for
this hearing also indicated that the structure was built substantially in its present
configuration prior to the 1972 enactment of the Zoning By-law. In August 1978,
the area in which the property is located was "up-zoned" to R-2, and at that time
the property became pre-existing nonconforming as to lot area and front yard
setback, containing about 10,381 square feet of area in a district requiring a
minimum of 20,000 square feet and as to front yard setback with the dwelling
being sited about 5.9 square feet from the front yard lot line at its closest point in
a district requiring a minimum setback of 30 feet.
5. Applicant represented that in the Decision in BOA File No. 018-01,
the Board granted Variance relief to validate the Locus as a separately
marketable and buildable lot notwithstanding a merger created by the
momentary ownership of an abutting lot at the same time as the subject lot by a
predecessor in title to the Applicant. No alteration of the lot lines is proposed in
this Application. The Decision also provided that no further relief shall be
required to construct up to 1,500 square feet of ground cover on the Locus,
provided the construction conform to all other dimensional requirements of the
Zoning By-law.
2
6. The Applicant proposes to renovate and expand the existing
dwelling by increasing the ground cover to about 1,454 square feet. The small
size of the lot and the requirement to maintain a minimum of 20 feet of
separation from the existing septic system leaching field make compliance with
the 30-foot minimum front yard setback difficult. Therefore, Applicant proposes
to reconfigure the existing dwelling to reduce the front yard setback violation
from about 5.9 feet to about 14 feet. The amount of ground cover located within
the front yard setback would be reduced from about 415 square feet to about 333
square feet.
7. There was extensive discussion regarding the impact of the project
on the public view of Sesechacha Pond by the public (down the approximately
20-foot wide private right of way from Quidnet Road that Applicant and another
abutter use to access their properties) and by certain abutters from their houses.
While noting that zoning is not intended to protect private views and that the
intrusion into the front yard setback did not have any impact on the view issue,
the Board did consider the impact of the project on a "public" view across
private property. In regard to the concerns expressed at the July meeting and
again at the August meeting, Applicant adjusted the siting of the dwelling
moving it westward and agreed to maintain at least a 30-foot setback from the
eastern property line, and would not construct any structures or fences (other
than split rail fences) within that setback without a further review by this Board.
Applicant explained that they had looked at other solutions and locations for the
structure on the lot and found that if they moved it too far in any direction the
impact upon the surrounding properties would be greater. In any case, the
easternmost part of the structure was a single-story wart. The Historic District
Commission (HDC) had approved the proposal as originally noticed in
Certificate of Appropriateness No. 43,662.
8. Therefore, based upon the foregoing, the Board finds that the
Decision in BOA File No. 018-01 granted to the Locus "lot of record" status
provided that the maximum ground cover did not exceed a maximum ground
cover of 1,500 square feet. According to that Decision, had the Applicant been
able to completely cure the front yard setback intrusion, then no further relief
would have been required from this Board to proceed. The currently proposed
renovation and expansion of the dwelling maintains a total ground cover of less
than the maximum 1,500 square feet specified in the Decision in BOA File No.
018-01, therefore it is only necessary to modify that Variance to the extent that
the a portion of the alterations and expansion are taking place within the 30-foot
front yard setback area. The Board finds that Special Permit relief is appropriate
for this lot, as it would be for any "lot of record", and that this project, which
increases the upward massing within the front yard setback area but which
reduces the front yard setback violation from 5.9 feet to about 14 feet, and
reduces the overall ground cover within the front yard setback, is an
3
improvement over the existing condition and is not substantially more
detrimental to the neighborhood than the existing nonconformity.
9. Accordingly, the Board of Appeals, by UNANIMOUS vote,
GRANTS the requested relief by SPEOAL PERMIT under Section 139-33A, and
MODIFICATION of the Variance granted in the Decision in BOA File No. 018-
01, to allow the relocation, renovation and expansion of the pre-existing
nonconforming dwelling on the property, based upon the following conditions:
(a) The dwelling shall be sited no closer than about 14 feet from the
front yard lot line with a maximum ground cover not to exceed
1,500 square feet;
(b) The dwelling shall be sited in substantial conformity with the site
plan entitled "Site Plan Prepared For Lake View Villa II Nominee
Trust," drawn by Blackwell and Associates, dated July 28, 2004, a
reduced copy of which is attached hereto;
(c) A 30-foot setback from the easterly property line for all structures
and fences (except split rail fences) shall be maintained unless
further relief is granted by this Board; and
(d) The project shall be constructed in substantial conformity with
HDC Certificate of Appropriateness No. 43,662, recognizing that
said Certificate will need to be amended with a new Certificate of
Appropriateness Number to be issued, to reflect the revised siting
approved in this Application and shown on the attached plan.
Dated: September a 2004
C. Richarp Loftin
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. 1 J. O'Mara
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will
be held at 1:00 P.M., FRIDAY, JULY 9, 2004, IN THE CONFERENCE ROOM,
TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the
Application of the following:
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LAKEVIEW VILLA II NOMINEE TRUST, BROOKS HALL, TRUST~ 5' ~
BOARD OF APPEALS FILE NO. 041-04 z 2:
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Applicant is seeking relief by SPECIAL PERMIT under Nantucket ZQlling By- v
law Section 139-33A (alteration/extension ofa pre-existing nonconforming :: .......
structure/use), and to the extent necessary, MODIFICATION of the VARIANCE relie~
granted in the Decision in BOA File No. 018-01, which validated the Locus as a
separately marketable and buildable lot. Such validation did not change the grandfathered
nonconforming siting of the original single-family dwelling and specifically allowed the
predecessor in title to construct up to the allowable 1,500 square feet of ground cover
without requiring further relief from this Board. Applicant is before the Board as there is
work proposed within the required 30-foot front yard setback area as Applicant plans to
relocate the existing nonconforming structure by moving it back further from the front
yard lot line to a point about 13.0 feet from said lot line. The structure would not be
brought into full compliance but relocation would reduce the front yard setback
nonconformity. Applicant is also proposing to substantially renovate the structure, by
reallocating existing ground cover and increasing the ground cover from about 1,120
square feet to a total ground cover of about 1,454 square feet, under the allowed
maximum ground cover of 1,500 square feet for undersized lots in this district and as
permitted as stated above. The Locus is nonconforming as to front yard setback, with the
structure being sited as close as about 5.9 feet from the front yard lot line, in a district that
requires a minimum front yard setback of 30 feet; and as to lot size, with the Lot
containing about 10,831 square feet oflot area in a district that requires a minimum lot
size of20,000 square feet. The property is conforming as to parking, ground cover and
side and rear yard setback requirements and would continue to do so after alteration and
expansion of the structure. The property is conforming in all other respects to the
dimensional requirements of the Zoning By-law.
The Premises is located at 61 QUIDNET ROAD, Assessor's Map 21, Parcel
81.3, Land Court Plan 8606-M, Lot 53. property is zoned Residential-2.
Nancy 1. Se ens, Chairman
TIllS NOTICE IS A V AILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
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NANTUCKEt ZONING BOARD OF APPEALS
.. 1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
CASENO.~
FEE~ $300.00
APPLICATION FOR RELIEF
Owner's name(s): La. ke v/e w 1I,llaJIllfc1JlIi!ee T.rv;:t; fJ,?,oksI-faJ/, Tyus~e.
Mailing address: \30 (JpacJ,cra-F/ f)('/tJP~ I ~Y/)arrl~l/(l/eIAJJo79Zft;
Applicant's name(s): (5otIJ'Y ) ,
,
Mailing address: ' (.S-o Ine )
"
" Locus 'address: ~I (;)ut'dllef- Roa.d Assessor's'MaplParcel: 2/ /R/. 3
I .
Land Court PlanlPlan Book & Page/Plan File No.: 9((J~ ...... If) Lot No.: 6--3
Date lot acquired:-elt~Q!fDeed Ref./Cert. ofTitle:~ZoningDistrict: ;(-;>-.
:Uses on Lot - Commercial: NoneX. Yes (des.cribe) ,. . ,
Residential: Number of dwellingsL Duplex~ Apartments . Rental Rooms
. Building Date(s): All pre-date 7172?~Or C ofO(s)? .
Building Permit Nos:
Previous Zoning Board Application Nos.:
{)/~-o(
State below or on a separate addendum specific reli~f sought (Special Permit, Variance, Appeal), Section' of
the Zoning By.;.law, and supporting details, grounds for grant of relief, listing any existing nonconformities:
(k~ (J;~~
I certify that the information contained herein is substantially complete and true to the best of my
knowledge, under tins n,en ti of perjury.
SIGNATURE: C' ~ APPlicant1Attorney/Agent
(If not owner or ' attorn , lease enclose proQf of agency to bring this matter before the Board)
FOR ZBA OfFICE USE ' '
Application received on: 4> I~ By: q (j:2J.LJ Complete:' Need copies?: ~
Filed with Town Clerk:~_ Pl' . Buildin De t.: I y:
Fee deposit.ed with Town Treasurer:WZlKJi By , Waiver r~qjested?:. ' Gra. ed:~_1 (t-f.
Hearing notice posted with Town Clerk:{J-122tO ailed: Ja/lJ Kl:f. I&M: ~ IZWaj & 7/lJ_
Hearing(s) held on:_I_'--: Opened on:--1_I_ Continued to:--1_I_ Withdrawn?:_I_I_
DECISION DUE BY:-1_I_ Made:_'_I_ Filed wrrown Clerk:_I_I_ Mailed:_I--I_
n14't""nHnN A 1>>1)'(i' AT 1l'n?
I {;!TTP1l'DTnD {"'llTTDT.
, .ANn ("'nTTRT
11'nrm .t101/01
APDE!SDUM
Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law
Section 139-33A (alteration/extension ofa pre-existing nonconforming structure/use),
and to the extent necessary, MODIFICATION of the VARIANCE relief granted in the
Decision in BOA File No. 018-01, which validated the Locus as a separately marketable
and buildable lot. There bad been a momentary merger of the subject Locus and a larger
abutting piece. Applicant's predecessor in title had bought the two parcels separately. The
title to the larger piece of vacant land was transferred into the owner's name and then
immediately transferred into the Land Bank's ownership. The momentary merger did not
affect the already existing grandfathered nonconforming siting of the original single-
family dwelling, constructed in its present location in about 1930 and the Board has
found in the past that such alterations could continue to be allowed by Special Permit in
this type of situation. The previous Decision specifically allowed the predecessor in title
to construct up to the allowable 1,500 square feet of ground cover without requiring
further relief from this Board. Applicant is solely before the Board as there is work being
proposed within the required 30- foot front yard setback area as Applicant plans to
relocate the pre-existing nonconforming structure by moving it back further from the
front yard lot line to a point about 13.0 feet from said lot line. The structure would not be
brought into full compliance but relocation would reduce the front yard setback
nonconformity. Applicant is also proposing to substantially renovate the structure, by
reallocating existing ground cover and increasing the ground cover from about 1,120
square feet to a total ground cover of about 1,454 square feet, under the allowed
maximum ground cover of 1,500 square feet for undersized lots in this district and as
permitted as stated above. The Locus is nonconforming as to front yard setback, with the
structure being sited as close as about 5.9 feet from the front yard lot line, in a district that
requires a minimum front yard setback of30 feet; and as to lot size, with the Lot
containing about 10,831 square feet of lot area in a district that requires a minimum lot
size of20,000 square feet. The property is conforming as to parking, ground cover and
side and rear yard setback requirements and would continue to do so after alteration and
expansion of the structure. The property is conforming in all other respects to the
dimensional requirements of the Zoning By-law.
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SUBDIVISION PLAN OF LAND IN~NANTUCKET
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Shugrue and Hart, Inc., Surveyors
December 22, 1978
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Subdivision of Lots 46 and. 51
Shown on Plans 8606Kand 8606L
Filed with Cert. of Title Nos. 7936 and
Registry District of'Nantucket County
S~arit! c!rtificites of tittg may he issued (qr land
sIiown hereon lJS ____l._O"L_._J.________._.________._.
By the Court.
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Town of Nantucket
RECEIVED
BOARD OF ASSESSORS'
MA~ 0 5 2004 '
TOWN OF
NANTUCKET, MA
ZONING BOARD OF APPEALS
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF
0'" r-:-- '
. '. ;; VI AI I t...( NOh'lI/t/6i- 1l./5 r
PROPERTYOwtjER..l.4k:......t...... .../........Jl..................:I... Dj({JCl: 5 ;il t-
MAILING ADDRESs.3~. .A.{f.;t.<:~M.r.:.. fl2a ,.. of. &.~tr,~1.~~~1f.~~!. .1I:;m6 rfl~; f u.
PROPER TY LOCATION.. ../( j.. .... Qyt. <l..~ f:.C.. . f4.". .. ... ... ......: .
'ASSESSORS MAPIP ARCEL:... .4.4:1.... J. I......... ./AI?{ f..':-:..... g(~. '}
APPLICANT... .lJtf~4!... .I/+.?:&........'.......................:...................
SEE ATTACHED PAGES
1 certify that the foregoing is a list of persons who are owners of abutting property, owners o,r
land directl" opposite on any public or private street or way; and abutter,s of the abutters and aU
other land owners within 300 feet of the, property lirie of owner1s property, at! as they appear ~m
the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139.
Section 139.29D (2) .
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DATE'
ASSESSOR'S OFFICE
Town of Nantucket
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