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Home My WebLink About026-06 TOWN OF NANTUCKET BOARD OF APPEALS ~ NANTUCKET, MASSACHUSETTSS52sS4 ~ ~..- ;:0 ~?':" N U1 ':;0 Date: Aprl'l ( .... \ r'" 2Jr .","-, , 2~0 W \0 To: Parties in Interest and others concerned with the 'DeclsIon6f the BOARD OF APPEALS in the Application of the following: ~ Owner/Applicant: tl-~ Q().. (0 -CJ! Q / w tc::L' par h ~ fuJJ~- ~ (l obt~ Application No.: Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed 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 comFlaint and certified copy of the necision must be given to the Town Clerk so as e received wit 'n 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 9139-301 (SPECIAL PERMITS); 9139-321 (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. NANTUCKET ZONING BOARD OF APPEALS 1 East Chestnut Street Nantucket, Massachusetts 02554 Assessor's Map 40, Parcel 108 16 Eel Point Road Limited Use General-2 Plan File 56-T Lot 1 Deed, Book 924, Page 37 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, commencing on Friday, March 10, 2006, and continued to and concluded upon Friday, April 7, 2006, at 1:00 P.M., in the Conference Room, in the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the following Decision on the application of 16 EEL POINT ROAD ASSOCIATES, LLC, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 026-06: 2. The Applicant is seeking relief by SPECIAL PERMIT under Nantucket zoning By-law ~139-16.C(2), to validate the siting of a single-family dwelling, constructed under Building Permit No. 731-05, which has a front yard setback of about 31 feet from Eel Point Road; minimum front yard setback in this zoning district is 35 feet. Under Zoning By-law ~139-16.C(2), the Board of Appeals is empowered to grant relief from an unintentional setback violation where the intrusion is not greater than five feet into a required yard and not closer than four feet from a lot line, where the intrusion is reasonably based upon a licensed survey. In the alternative, the Applicant is seeking relief by VARIANCE from the provisions of By-law ~139-16.A (Intensity regulations - front yard setback). The locus is conforming in all other respects to the dimensional requirements of the By-law. The locus is situated at 16 EEL POINT ROAD, Assessor's Map 40, Parcel 108, is shown upon plan recorded with Nantucket Deeds in Plan File 56-T as Lot 1, and is situated in a Limited Use General-2 zoning district. 3. Our decision is based upon the application and accompanying materials, and representations and testimony recei ved at our public hearing. There was no Planning Board recommendation, on the basis that no matters of planning concern were presented. Except for the presentation by the Applicant's representatives, no support or opposition was presented at the public hearing. 4. Applicant, through counsel, represented that the dwelling in question is a new structure. Initial plans showed a stoop at the northerly front door entrance of the primary 1 . . dwelling. The lot also contains a conforming secondary dwelling. However, in the course of presentation of the proj ect to the Nantucket Historic District Commission ("HDC"), the HDC suggested the placement of a covered porch along the front (northerly) fa<;ade of the dwelling, and the plans as approved by the HDC showed this porch. A full set of the HDC approved elevations of the structure were transmitted by the Applicant's representative to the surveyor; these drawings also included a basement plan and floor plans which showed the foundation wall, but because there was no basement structure under the porch, showed nothing respecting the porch. These floor and elevation plans clearly showed the porch. As explained by the surveyor, who attended the hearing on April 7, 2006 on behalf of the Applicant, his crew proceeded to site the structure by pinning the location of the footings; apparently, his employees did this on the basis of the basement plan and overlooked the fact that the accompanying plans showed the porch proj ecting from the dwelling. The Applicant proceeded to construct the dwelling upon the foundation as sited by the surveyor, and also constructed the porch on the northerly fa<;ade of the dwelling, all as shown upon the HDC-approved plans which accompanied the building permit application. When a building location plan was prepared by the surveyor, it showed that the northeasterly corner of the porch was sited about 31 feet from the line of Eel Point Road, with a the majority of the porch being sited outside of the required 35-foot front yard setback area and with the structure itself being conforming in all respects, and thus intruded upon the front yard setback by about four feet. A reduced copy of the "As-built Plot Plan", as prepared by Bracken Engineering, Inc., dated January 31, 2006, is attached hereto as Exhibit A. 5. Applicant stated that pursuant to these facts, the Applicant met the threshold criteria for the granting of special permit relief, in that the intrusion was less than five feet into the setback area and not within four feet of a lot line. Since the setback violation was in the front yard, toward a public way, no benefit to an abutter from removing the intrusion was apparent. Applicant also reasonably relied upon a survey in siting and constructing the house and porch. Further, it appeared that there was no benefit or advantage to the Applicant from the placement of the dwelling within the setback area, as opposed to meeting the setback requirement four feet further back from Eel Point Road. 6. Based upon the foregoing presentation, the Board of Appeals, by UNANIMOUS vote, found that the setback intrusion in this matter was unintentional, not greater than five feet into a setback area and not closer than four feet to a lot line, that the burden of correcting the intrusion substantially outweighs any benefit to an abutter of eliminating the intrusion with Eel 2 . , Point Road being the abutter to the northeast, and that the siting of the structure was reasonably based upon a licensed survey. Accordingly, by UNANIMOUS vote, the Board of Appeals GRANTED a SPECIAL PERMIT under Nantucket zoning By-law ~139- 16.C(2), validating the siting of the dwelling, subject to the following conditions: (a) The siting of the primary dwelling shall be as shown upon Exhibit A; (b) Only the existing dwelling, as shown upon Exhibit A, is hereby validated; no other construction shall take place in the front yard setback area in the absence of further relief from the Board of Appeals; and Dated: April Z~, 2006 (c) The subj ect porch shall not be further relief from the Board of A Edward S. Toole D 3 &'X(IIBlr It E.1.At:! SCALE: 1"=40' N PARCEL 50 NICHOLAS B. Jc SUSAN W. MIMKEN W E \) ~ a \) S ~ \'T\ d ~ v) '" ")> :r. ~~ 'Z.~ ~o~ ......tn~~ ~~")>?-. ' ()~t""t"" ~~~'" ;:j. ~ ?\ lJI 0<::' c.V'l ~-\ ~ PARCEL 108 85,504:t5.F. ''''o~_-----. , JIIk. " , ' "'- / JIIk. ", JIIk. " , "- [' JIIk. JIIk. Jllk.J " ~ D<lSTTNG ,.,' "~ !~r:g " JIIk. JIIk. '-, ',-- --- ""-" / " JIIk. !It \1 ~~~ JIIk. o/*~ JIIk. f~~ ~"J ~~ ~ ~ JIIk. ?\ "I I \ , \ \ JIIk. I , I ~JIIk. \ \ JIIk. \ SURVEYOR: \ TIMOTHY R. BENNETT \ 349 OLD PL YMOUTH ROAD SAGAMORE BEACH, MA. 02562 JIIk. TO THE TOHN OF NANTUCKET: "I CERTIFY THA T THE BUILDING AND IMPROVEMENTS SHOHN WERE LOCA TED BY AN ACTUAL FIELD SURVEY AND THE DIMENSIONS SHOIH'I ARE ACCURA TE TO THE BEST OF MY KNOWLEDGE AND BEliE/.. " ~ Prepared By: Bracken Engineering, Inc. 110 State Road. Unit 3 Sagamore Beach, MA. 02562 Phone: 508-833-0070 Fax: 508-833-2282 AS-BUILT PLOT PLAN IN NANTUCKET, MA Scale: '".40' \ Prepared For: , 16 EEL POINT ROAD ASSOCI A TES, LLC 16 EEL POINT ROAD MAP 40 LOT 108 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 12:00 P.M., FRIDAY, MARH 10,2006, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: 16 EEL POINT ROAD ASSOCIATES, LLC BOARD OF APPEALS FILE NO. 026-06 Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By- law Section 139-16C(2), to validate the siting of an "unintentional setback intrusion not greater than five feet into a required yard and not closer than four feet from a lot line". A dwelling under construction pursuant to Building Permit No. 731-05, was sited as close to the front yard lot line as about 31.0 feet, allegedly as a result of a survey error, in a district that requires a minimum front yard setback of35 feet. In the alternative, Applicant is seeking relief by V ARlANCE pursuant to Nantucket Zoning By-law Section 139-16A (Intensity regulations - front yard setback). The lot is conforming in all other respects to the dimensional requirements of the Zoning By-law. The Premises is located at 16 EEL POINT ROAD, Assessor's Map 40, Parcel 108, Plan 56- T, Lot 1. The property is zoned Limited-Use-General- 2. J;) Q QQ. C9J CJJJV\ Q Dale Waine, Chairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 CASE NO.O ?Jo -06 FEE: $300,00 APPLICA nON FOR RELIEF Owner's name(s): Mailing address: Applicant's name(s): Mailing address: Locus address: LaRd Court PlaolPlaR Book & PagelPlan File No.: 56-T Lot No.: 1 Date lot acquired: 11/04/2004 Deed Ref.: 924-37 Zoning District: LUG-2 Uses on Lot - Commercial: None --L Y es (describe) Residential: Number of dwellings--1- Duplex_ Apartments _Rental Rooms Building Date(s): All pre-date 7/72? or C ofO(s)? Building Permit Nos: 330-05: 731-05: 854-05 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: 16 Eel Point Road Associates. LLC c/o Reade. Gullicksen. Hanlev & Gifford. LLP Same 6 Youn2's Way. Post Office Box 2669. Nantucket. Massachusetts 02584 16 Eel Pont Road Assessor's MaplParcel: 40-108 The applicant requests a Special Permit under Nantucket Zoning By- law ~139-16.C (2), to validate an unintentional setback intrusion not greater than five feet into a required yard and not closer than four feet to a lot line, based upon a licensed survey. A dwelling under construction upon the locus, pursuant to Building Permit No. 731-05, was sited with front yard setback from Eel Point Road of 31.0 feet, as a result of a survey error; minimum required front yard setback in this Limited Use General-2 zoning district is 35 feet. I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains penalties of perjury. SIGNATURE: I. L- Applicant Attorney/Agent x (If not owner or owner' attorney, please enclose proof of agency to bring this matter before the Board) 7ti- FO~?-~OF~ICEUSE f ~ Application received on:~l~ By: LP ~ Complete: ~_Need copies?: Filed with Town Clerk:'L1-z.-(,_ Ianni : l , Bnildmg ep . Byd~ Fee deposited with Town TreaSure~~Y: ~aiver requested?:_Granted:-,,-"- Hearing notice posted with Town aerk:~-z:{r c{Mailed: U <-~&M: 2;2:?' ~ ~ 2J{!p Hearing(s) held on:_/_/_ Opened on:-"-"_ Continued to:-"-"_ Withdrawn?:-"-c-/_ DECISION DUE BY:-"-"_ Made:-"-"_ Filed wffown Clerk:_/_/_ Mailed:-"_/_ DECISION APPEALED?:_/-"_ SUPERIOR COURT: LAND COURT Form 4/03/03 ~"q~,1' '\'\ J/-/ .. J/.& .. T.t A . ", O,\.lf. ......eEl L (N.C.) defto'" DOt. cOflI'ructe4 INFOtI:MATION SHOWN HEREON wAS COMPILED FROM AERIAL PHOTOGRAPHS, DEEDS. AND p\.ANS OF RECORD AND IS NOT TO Be CONSTRUED AS HAVING SUfFICIENT ACCUR. ACt fOR CONVEYANCE. ~~I'- St.,.J. ;, J~'Xl' 20') . ol , M ...~'=--tt~-.~~ :-:-":":-' -;'\! .; .~...~~ ~,..::>!l,~;~~ ,,:o~.;--~_S~_:'."(' __.~,.__._ ...._._______4_ :~;;"i ..4< .~, 0: 131/2006 11:08 FAX 5082285630 READE GllLLICKSE ~002/002 I 11 ,.- /J () 6, Town of Nantucket Z.ONING BOARD OF APPEAl.-~ LrST OF PARTIES TN INTEREST IN -mE MA TnR 01' THE PETITION OF . PROPERTY OWNER..I~. ..~P~.4.rrl..f1o.~..G~~Rci.~:b~,.~ C M^' UNO A OQRESS,.. ~(~. .R~~~.~.,,,.v.'!n,~!=~,~~.~..., .~.~~~.~r...~..~.~~~.~~~.~. LLP PROPER TY LOCATION, .I~. ..~~J.,. ,e~i.{l.t.., R.Q!M::\,.. ''',..,................., ^.SSESSORS MAPIPARCEL. .~u...f" Y.o.. ,~. ...f .I:!'!'.l:+..\.. .l/?l.... .....,..,.,. 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The Town of Nantucket does not guarantee the accuracy of the data, Users are responsible for determining the suitability for individual needs. All information is from the Town of Nantucket ~~~ ------- ----- Town of Nantucket, Mass Map Composed ,-~",....._..........h:_ T.....J:....................I-;.......... c..................... f,-TC\ ..........1-...................... http://host.appgeo.comlnantucketmalPrintableMap.aspx?Preserve=Width&Map Width= 172... 2/16/2006 ~ . , t u ~ I I I II! "1,1 I !!~! III I~.I m i i i ii' 1- j !1I1 II II i I 111~1 hllll I I I I I I r- .. I I · III I I -5) Q ~\\ ~ ~ ~ c'J . -~ i , '. ,'"'' ........ \,.:J ~i ~ ( \ \ ~ / I II i I ----- ....,. J !""''', ,1"'"'\ = Z J C;J C;ZE809 l0 : 91 900D~n ii0 -- 1M ~ ~ lYYl <<d) n!1JJ ~ ~ ... . ~ .. .. j z o - = ~ .. UI r', ~ .. .. .. . ...... III r-~ 'YTU lL~L~lE80~ or> (-.., c::> \.~"..J o ~ c:r.:: "":C ::iE l0:~1 900l/91/l0 ! I" 1111 llJ ltltl !II!! i I ;. 111111 U U i I I ,1,)1 hill' 1 , 'I 1. r II I III t I. 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Map Composed http://host.appgeo.com/nantucketmalPrintableMap.aspx?Preserve=Width&Map Width= 172.., 2/16/2006