HomeMy WebLinkAbout086-06
TOWN 'OF NANTUCKET
BOARD OF APPEALS
'06 NOV -6 P 3 :46
NANTUCKET, MASSACHUSETTS 02554
Date: )JdU-epn WCJv ~i-i~Vi~~;~
To: Parties in Interest and Others concerned with the
-15eclsion'Of the BOARD OF APPEALS in the Application of the
following: ,-
""'
Application No.: 08"((, -0&
Owner/Applicant: Jr~J2+-' g. FltC~~ Ifrtf;lee
0+- Fl'Ue frJl~ {'n,'{/' AJoffi,'QN'/I}us:r.
Enclosed is the Decision of the BOARD OF APPEALS which has
this daybee~rfiled in 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 an complaint in court within TWENTY (20) days after
this day's date. Notice of the action with a copy of the
com~laint and certified copy of the necision must be given
to the Town Clerk so as to be received within such TWENTY
(20) days.
cc: Town Clerk
Planning Board
~uilding CommissJoner
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); 9139-321 (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
..
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 27, Parcel 26
Certificate of Title No. 21,823
Limited Use General -3
Lot 4
Land Court Plan No.14311-K
5 Fulling Mill Road
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, October 13, at 1:00 P.M., 2 Fairgrounds Road,
Nantucket, Massachusetts, the Board made the following decision
on the application of JOSEF E. FISCHER, TRUSTEE OF FIVE FULLING
MILL NOMINEE TRUST, c/o Reade, Gullicksen, Hanley & Gifford, LLP,
Post Office Box 2669, Nantucket, Massachusetts 02584, File No.
086-06:
2. Applicant is seeking relief by SPECIAL PERMIT pursuant
to Nantucket Zoning By-law ~139-33A(9) (alteration/expansion of a
pre-existing nonconforming structure/use -ground cover) .
Applicant proposes to demolish an existing about 615 square foot
cottage and reconstruct a new cottage in a new conforming
location on the lot. In addition, to the extent necessary,
Applicant is also seeking relief by VARIANCE pursuant to Zoning
By-law ~139-16A (Intensity Regulations -ground cover) in order to
construct an additional about 60 square feet onto the new
cottage. As part of the work, an about 72 square foot portion of
a separate ancillary structure would be demolished. The over
existing ground cover of about 5.4% would not be exceeded. The
locus is nonconforming as to lot size with the lot containing
about 63,638 square feet of area in a district that requires a
minimum lot size of 120,000 square feet; and as to ground cover
ratio with the lot containing about 5.4 % in a district that
allows a maximum ground cover ratio of 3%. In all other respects
the lots and structures are conforming. The Premises conformed
at the time of construction to the LUG-l intensity requirements
then in effect.
The Premises is located at 5 FULLING MILL
Assessor's Map 27, Parcel 26, Land Court Plan 14311-K,
The property is zoned Limited-Use-General-3.
ROAD,
Lot 4.
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
recei ved at our public hearing. The Planning Board made no
recommendation as the matter did not present any issues of
planning concern. There was no opposition presented at the
public hearing.
4. Applicant, through counsel, represented that the
existing small cottage structure pre-dated the 1972 enactment of
the Nantucket Zoning By-law and was originally used as a workshop
for a prior owner. Through the years, various renovations were
made to convert the ancillary structure to a cottage, resulting
.
in an awkward floor plan and an almost inaccessible loft storage
area, both of which severely limit the use of the structure for
practical human habitation. The Applicant now wishes to demolish
the cottage upon the Premises, and build a new cottage,
increasing the existing ground cover from about 615 square feet
to about 675 square feet. Applicant proposes to remove about 72
square feet of ground cover from an existing boat house/garage
structure upon the Premises, so that overall, the existing
nonconforming ground cover ratio of about 5.4% would not be
increased as a result of the proposed construction. The Zoning
By-law allows pre-existing nonconforming structures upon a lot
that exceed the permitted ground cover ratio (3%) to be removed
and reconstructed in part or in their entirety, with ground cover
in excess of the permitted ground cover, provided that a special
permit shall have been issued prior to such work and there shall
be no increase of the nonconforming ground cover ratio. However,
the By-law section also states that removed ground cover from one
structure cannot be reallocated to another structure on the
property. In this case, special permit relief is available to
remove, reconstruct and maintain the about 615 square feet of the
existing cottage without any increase in the square-footage.
Variance relief is thus necessary in addition to the special
permi t relief in order to reallocate a portion of the removed
about 72 square feet from the boat house/garage to the new
cottage.
Applicant argues that due to the unusual soil and
topographical conditions affecting the Premises, specifically the
lot's proximity to adj acent documented wetland areas, and the
presence of a traveled roadway, utilized for access by
neighboring lot owners, located upon the Premises, there would be
support for a grant of variance relief. In addition, at the time
of construction the improvements on the lot were conforming as to
ground cover, as the property was zoned Limi ted-Use-General-1.
The zoning was changed through a vote of an Annual Town Meeting
to Limited-Use-General-3, making the property nonconforming as to
minimum lot size and ground cover requirements.
5. Therefore, based upon the foregoing, the Board finds
that the demolition and reconstruction of the existing cottage as
proposed would reduce the nonconforming ground cover ratio
slightly, and would not be substantially more detrimental to the
neighborhood than the existing nonconforming structure and would
have minimal impact and would be conforming as to setback
requirements. The Board also finds that with the demolition of an
about 72 square-foot portion of an existing boat house/garage,
and the reallocation of about 60 square feet of ground cover to
the new cottage, would not result in an increase in the existing
nonconforming ground cover ratio. Therefore, as to the variance
relief requested, the Board finds that owing to the topography of
the lot and the structures thereon, including the public access
through the lot, and the soil conditions, with the presence of a
large wetlands area affecting the easterly portion of the lot,
and especially affecting the Premises but not affecting generally
the zoning district in which the Premises is located, a literal
#
..
enforcement of the provisions of the Zoning By-law would involve
substantial hardship to the Applicant, and that desirable relief
may be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the
intent and purpose of the By-law.
6. Accordingly, by a vote of four in favor (O'Mara, Toole,
Koseatac, Tupper) and one opposed (Sevrens), the Board GRANTS the
requested SPECIAL PERMIT relief pursuant to Nantucket Zoning By-
law ~139-33A(9) to demolish and reconstruct the existing cottage;
and by the same vote, the Board GRANTS the requested VARIANCE
relief pursuant to Zoning By-law ~139-16A, to allow the
reallocation of about 60 square-feet of existing ground cover
from the boat house/garage structure to the reconstructed cottage
on the Locus as proposed.
7. The grant of the foregoing relief is subj ect to the
following conditions:
(a) Ground cover ratio upon the Premises shall not
exceed the existing about 5.4% ground cover ratio
upon the lot;
(b) Ground cover for the newly built cottage,
conforming as to setback requirements and sited ln
the same general area as the existing cottage,
shall not exceed 675 square feet with the
concomitant reduction of about 70 feet of ground
cover from the separate "garage" structure;
(c) As a further condition of the Variance relief
herein granted, Applicant waives its right to
construct the one allowed accessory detached shed
covering an area not to exceed more than 121
square feet at grade, together with those portions
of any overhangs which contain enclosed interior
space, as allowed under Nantucket Zoning By-law
~139-2 (Definitions - Ground Cover) .
Dated:
Nov-e.rober ~ 2006
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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. OCTOBER 13. 2006 in the Conference Room, 2
FAIRGROUNDS ROAD, FORMERLY KNOWN AS THE NANTUCKET
ELECTRIC COMPANY BUILDING, WITH AN ENTRANCE FROM OLD
SOUTH ROAD, FIRST RIGHT AFTER FAIRGROUNDS ROAD COMING
FROM TOWN WITH ENTRANCE FROM THE FRONT OF THE BUILDING,
Nantucket, Massachusetts, on the Application of the following:
JOSEF E. FISCHER, TRUSTEE OF FIVE FULLING MILL NOMINEE TRUST
BOARD OF APPEALS FILE NO. 086-06:
Applicant is seeking reliefby SPECIAL PERMIT pursuant to Nantucket Zoning
By-law Section 139-33A(9) (alteration/expansion of a pre-existing nonconforming
structure/use - ground cover). Applicant proposes to demolish an existing about 615
square-foot cottage and reconstruct it in a new conforming location on the lot. In
addition, to the extent necessary, Applicant is also seeking reliefby VARIANCE
pursuant to Zoning By-law Section 139-16A (Intensity Regulations - ground cover) in
order to construct an additional about 60 square feet onto the new cottage. As part of the
work, an about 72 square-foot portion of a separate ancillary structure would be
demolished. The overall existing ground cover ratio of about 5.4% would no be
exceeded. The locus is nonconforming as to lot size with the lot containing about 63,638
square feet of area in a district that requires a minimum lot size of 120,000 square feet;
and as to ground cover ratio with the lot containing about 5.4% in a district that allows a
maximum ground cover ratio of 3%. In all other respects the lot and structures are
conforming. The Premises conformed at the time of construction to the LUG-l intensity
requirements then in effect.
The Premises is located at 5 FULLING MILL ROAD, Assessor's Map 27,
Parcel 26, Land Court Plan 14311-K, Lot 4. The property is zoned Limited-Use-General-
3.
THIS NOTICE IS AVAILABLE IN L GE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
CASE NO.(~x(()..o 0
FEE: $300.00
APPLICATION FOR RELIEF
Owner's name(s):JosefE. Fischer, Trustee of Five Fulling Mill Nominee Trust
Mailing address:_c/o Reade, Gullicksen, Hanley & Gifford, LLP, PO Box 2669, Nantucket, MA 02584
Applicant's name(s):_same
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Mailing address:_same
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Zoning District:_Limited Use Gener~~-3
:,;~
27-26
Locus address: 5 Fulling Mill Road Assessor's Map/Parcel:
Land Court Plan No.:_14311-K
Lot No.: 4
I
Date lot acquired:_06_/25/_05 Cert. of Title: 21823
d
Uses on Lot - Commercial: None_x_ Yes (describe)
Previous Zoning Board Application Nos.:
State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of
the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities:
Applicant requests a Special Permit pursuant to ~139-33.A.(9) to demolish and reconstruct an existing 615
square foot cottage in a different location upon the Premises. In addition, Applicant requests a Variance
pursuant to ~139~/t,in order to add approximately 60 feet of ground cover to the cottage. As part of the
work, a 72 square foot portion of another structure will be demolished, so that overall ground cover upon
the Premises will decrease as a result of the proposed construction. The cottage is situated upon a pre-
existing non-conforming lot, having 63,368 square feet of lot area in a district where 120,000 square feet of
lot area is now required. The structures upon the premises have a total ground cover of 5.4% in a district
where 3% ground cover is now required. At the time oftheir construction, all structures currently upon
the Premises complied with the LUG-1 zoning intensity requirements then in effect.
I certify that the information contain d herein is substantially complete and true to the best of my
knowledge, under t pains and pen ties of erjury.
SIGNATURE: Applicant Attorney/Agent_x_
(If not owner or owner's attorney, lease enclose roof of agency to bring this atter before the Board)
FOR \ FFICE USE
Application received onR /0..tft2BY: Complete: Need copies?: ::::=- \
Filed with Town Clerk: gjj;z;Q(Qplannb'. Boa, d. ---' ---' _ Bnndlng >>01*.:---' ---' ~ ~ 4'..U
Fee deposited with Town Treasurer:'l.j"jg;;.o~BY: (O\()R)Waiver requested?:_Granted:_/~-
Hearing notice posted with Town Clerk:~~ Mailed:1t~ I&M:jJWC0 & j{;f:" I c:kJ
Hearing(s) held on:_/_/_ Opened on:~_/_ Continued to:~~_ Withdrawn?:~--1_
DECISION DUE By:_/~_Made:--,,_/_Filed w/Town Clerk:_/--"_Mailed:--"_/-
LAND COURT
Form 4/03/03
DECISION APPEALED?: / / SUPERIOR COURT:
---
TOwn ot NantuCleet web Ul:S - mntaOle Map
l'age 1 01 L
Town of Nantucket Web GIS
Prop ID
Address
Owner
2726
5 FULUNG MILL RD
FISCHER JOSEF E TRST
FIVE FULUNG MILL NOM
TRUST
6 WEST CEDAR ST
BOSTON, MA 02108
06{24{2005
$4,650,000
C0021823
1.3 acres
Sale Date
Sale Price
Book/Page
Lot Size
NOT A LEGAL DOCUMENT
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
[)i~~!<lim~r The infonnation displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only, The
Town of Nantucket does not guarantee the
accuracy of the data. Users are responsible for
determining the suitability for individual needs,
All infonnation is from the Town of Nantucket
Town of Nantucket, Mass
Map Composed
http://host.appgeo.comlnantucketmalPrintableMap.aspx?Preserve=Width&Map Width= 172... 9/21/2006
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ZONING CLASSlFlCATION: . /..~. G? -;..3
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I CERTIfY, TO THE BEST OF lAY KNOWlEDGE. THAT THE PROlISES
SHOWN ARE LOCAlED IN flOOD HAZAAD ZONE: 13 fC .,DEUNfAlED
ON F.I.R.l.l. / COt.lt.lUN!1Y PANR NUMBER: 250230-00. 4>T9>>. BY
THE FEDEIW.. ElAERGENC'f UANAGEMOO W;ENC'f. EfFECTIVE DArr
OF \.lAPS: JUNE 3. 1986, AND }S PERIOD1CM.LY REVISED.
TH1S PLOT pLAN W!>S PREPARED fOR MORTGAGE PURPOSES
ONLY AND IS NOT TO BE coNSIDERED A FULL INSTRUMENT
suRVEY. THIS pW/ SHOULD NOT BE USED TO ESTABUSH
PROPER1Y UNES. FENcES. HEDGES OR #f( ANCILlARY
STRUC1URES ON mE PREMISES. THE PROPERTY UNES SHOWN
RElY ON CURRENT DEEDS AND pLANS OF RECORD,
THIS PLOT pLAN IS NOT A CERT1f1CAOO'N !>S TO THE TITlE OR
OWNERSHIP OF THE PROPERlY SHOWN. OWNERS OF ADJOINING
PROPERTIES ARE SHOWN ACCORDING TO CURRENT ASSESSOR
RECORDS OF THE TOWN Of NANTUCKET.
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SCAlE: ,. = d::IJ DATE: JUIV,€'~,2CX)
Owner: /:r~(<y. N. 13!-?/?7.Cl1/. . . . . . .
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cHARLES W. HART & ASSOCIATES, Inc.
sANFORD BOAT BUILDING
49 SP ARKS AVENUE
NANTUCKET. MASS. 02554-
(508) 228-8910 H-0757
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01 116/2006 15: 17 FAX 5082285630
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Town of Nantucket
Z.Q.NT~G BO~RD QF APPEALS
RECEIVED.
BOARD OF "~ 3SESSORS
A' ',~ 1 7 2006 ;d
: u, l ,,;}t4
~j
Tovm OF ff'
NANTUCKET, MA I
UST OF P!JlT1ES IN fNT'EREST 'D'" iRE MA1TE~'Of' tm. ?ETTTION Of' .
PROPERTY OWNER.~~...g.:~!\~.~~~~.....
M ^1ll'NG ADQRESS." ~(<? .~.~~~.lf.,.. .~~H~~~~r:'.I. ..~.~~~.';1..~. .9.~~ ~.~~~.~, LLP
PROPERTY L~C^ TION ......, .,5..ty-:.~~...~.~.H....:K~..
A,SSESSOR.S M APIl' ^ ReEL......,....., ~.1":'...?:~................ ...... ............
APPLICANT'.. K~.~~~.,. .~.~.~~~.~t~.~~/. .ft';1.r:'~~.~, .~, .~~.~~~X~.t.. ~~....,.,......,'
SEE ^ TT ACHED P AOES
\ teni", Ih~l \h~ rOTegoinz i$' lin of persons Wh,O'llC ownen ohb\lnini p1'Qpcny. owners of'
\U'ld directly cPPo$ilt on wy public or pri'V&lC strcet or w'y;"u\d 'Q\.Ittc:n or lh'i: Iblltlers lnG III
other land DWMn within 300 reelQf the property \ine of-owner's propert)'. .11 as lhc:y appear On
Ihe mosl r':.~e1'\ljpplie.~I~ lax \i~\ (M.Ci.t... e. 40^, S\:clion .\1 Zoninr Code Chapter 139:
SC_lion 139.29"(2)
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