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Home My WebLink About017-07 TOWN "OF NANTUCKET BO"ARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: t AprIl 1-3 ,20C? To: Parties i~ Interest and, Others concerned with the - m__ ----T5eC"is iOn-Hal the BOARD OFl APPEALS in the Appl'ica tion of the following: Application No.: 0 ( 7 - 07 Owner/Applicant: J()me~ -W1. If'n.ev04 7fYu5~ Bl UL ~ t1 testa {+(-:-T v" ~5.t-; GncQ rRJ. ~at(Q T Y'o.UI\~L\'o0 e) ~yt~~Lpcd 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 com~laint and certified copy of the ~ecision must be given to the Town Clerk so as to be received within such TWENTY (20) days. · ~~uz ,l0o-l1\~ J, , ~(Ql'>q~ r>S '" Chairman IV,f;'t!'sst!'e/ //~{""f"l'/r I~ fe,~" cc: Town Clerk {J CA ~)e/ ~ t?f,?' 3ZjJ.w1. Planning Board APR 1 2 't' J 'OJ( / Building Commissioner 'f/IJ/d;S , /~~ PLEASE NOTE: MOST SPECIAL P ITS 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 2 FAIRGROUNDS ROAD NANTUCKET, MA 02554 Assessor's Map 67, Parcel 558 66 Surfside Road Residential-l 0 Land Court Plan 26439-U Lot 106 Cert. of Title No. 19,102 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, commencing on Friday, at 12:00 PM, March 16,2007, in the Conference Room, 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the Application of JAMES M. MERBERG, TRUSTEE, BLUE SKY REALTY TRUST, AND RICHARD TRA VIGLIONE, PRINCIPAL, c/o Post Office Box 3371, Nantucket, Massachusetts 02584, File No. 017-07: 2. The Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-16C(1) to reduce the side and rear yard setback distances and under Section 139- 16C(2) to validate an unintentional front yard setback intrusion. Applicant is asking the Board to validate the siting ofthe single-family dwelling that is sited as close as about 8.7 feet from the northerly side yard lot line and as close as about 16.7 feet from the front yard lot line in a district that requires a minimum side and rear yard setback of ten feet and front yard setback of 20 feet; and a separate garage/apartment that is sited as close as about 9.4 feet from the southerly side yard lot line and as close as about 9.9 feet from the easterly rear yard lot line. The structures themselves are conforming but the roof overhangs and porches are intruding into the required setback areas. In all other respects the lot and structures conform to the dimensional requirements of the Zoning By-law. In the alternative, or to the extent necessary, Applicant is seeking relief by VARIANCE pursuant to Nantucket Zoning By-law Section 139-16A (Intensity regulations - setback) to validate the structures as currently sited. The Premises is located at 66 SURFSIDE ROAD, Assessor's Map 67, Parcel 558, Land Court Plan 26439-U, Lot 106. The property is zoned Residential-lO. 1 3. Our decision is based upon the application and accompanying materials, and r~presentations 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 the presentation by the Applicant and his representatives, no support or opposition was presented at the public hearing. Applicant's surveyor Richard Earle was present at the hearing to speak on the Applicant's behalf and submitted a letter dated March 16, 2007. In his letter, he stated that there were "difficulties that were encountered in trying to site the dwelling and the garage under constraints on the site. They consist of drastic topographic elevations differences and an easement in favor of the Land Bank across the front of the premises." He also stated that the garage structure had to be sited close to the required setback lines in the rear right corner based on the "necessities of access and parking.. . due to the topographic and easement constraints". He explained that the need to meet the parking, access and turnaround requirements for the lot in this zoning district also impacted the siting. The change in grade in that area of the lot also forced the siting of the garage into a level area and required a series of retaining walls to level out the parking area in front of it. With regard to the primary dwelling and the overhangs, Mr. Earle stated that they were "not possible to observe...in the field since the distance between the edge of the pavement and shoulder on Surfside Road, and the front ofthe dwelling is approximately 40', and appears to be adequate due to the plantings, screening and 8'elevation change." He felt that the reason the Applicant did not realize that a problem existed until the survey was done was due to the change in elevation and distance from the actual road layout. He then summarized that "although the locations and staking of the buildings were based on a license survey a number of unintentional setback intrusions eventually resulted at a much later date when finishing off the edges with the roof, gutters..." He supported a grant of special permit relief and asked that the Board be aware ofthe "unusual site constraints and good intentions of the applicant". In his verbal testimony he reiterated the above noted points and stated that in 2000, surveyors were not as diligent about making sure that anything other than the foundation itself was in compliance when siting a building. Due to recent issues with such practices, he represented that local surveyors were much more cognizant of the need to ensure that the Historic District Commission approved plans, which included overhangs, decks, stoops and the like, were accounted for when siting a building. 4. Applicant represented that the structures in question were built under validly issued Building Permit Nos. 529-00 (house) and 1293-01 (garage/apartment). The structures were only completed recently and a new "As-Built Plot Plan" was done by Richard K. Earle of Nantucket Surveyors LLC, licensed surveyor, dated November 29,2006, a reduced copy of which is attached hereto as Exhibit A. It was only at that time that the setback intrusions of the overhangs, deck and front pent roof were brought to light. Given the severely changing topography on the lot, the Applicant proceeded in good faith relying on the surveyor's siting ofthe foundations to construct the primary dwelling and garage/apartment upon their foundations. The second floor deck on the northerly side and pent roof over the door on the westerly side of the primary dwelling were indicated on the Historic District Commission ("HDC") approved plans in Certificate of Appropriateness No. 35,709; and the garage was built in conformance with HDC 2 Certificate of Appropriateness No. 36,812 without anyone realizing the impact of the overhangs, deck and pent roof on either structure. Applicant presented detailed photographs of the site and stated that both the primary dwelling and garage/apartment vertical walls were conforming in all respects. The overhangs would be difficult, and cause a financial burden, to remove as they were an integral part of the roof system and contained integrated drainage systems built into them as part of the design of the two structures. Applicant stated that any intrusion was unintended as he had worked with the surveyor the entire time during construction and due to the unique topographical issues affecting the lot it was probably not out of the question that an error was made despite his best efforts. He submitted a letter detailing the process that he followed during the project. Applicant pointed out that if one looked at the buildings one could not tell that they were not in compliance, due to the fact that the primary dwelling was sited below the street grade and that the garage/apartment was itself in compliance. Applicant stated that the property was conforming in all other respects to the 12-foot scalar separation and 20% differential requirements between primary and secondary dwellings, and the lot and structures met all other dimensional requirements of the Zoning By- law. Applicant had verified with the Zoning Enforcement Officer, who had surveyed the property recently, that the retaining walls were not to be considered an issue, with the only issues left outstanding being the siting of the overhangs, pent roof and deck. 5. Applicant stated that pursuant to these facts, the situation met the threshold criteria for the granting of special permit relief, in that the front yard intrusion was less than five feet into the setback area and not within four feet of a lot line. Since one of the setback violations 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 primary dwelling and garage/apartment. Further, it appeared that there was no benefit or advantage to the Applicant from the placement of the structures within the setback areas, as opposed to meeting the setback requirements. 6. Therefore, based upon the foregoing presentation, particularly the representations made by Applicant's licensed surveyor in his letter and through personal testimony at the hearing, the Board of Appeals finds that the setback intrusions in this matter were 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 intrusions substantially outweighs any benefit to an abutter of eliminating the intrusions, particularly as the front of the house is about 40 feet from Surfside Road and the intrusions were below grade, and that the siting of the structures was reasonably based upon a licensed survey. In addition, the Board finds that the reduction in the northerly and southerly side yard and easterly rear yard setback distances from the required ten feet to about 8.7 feet, about 9.4 feet and about 9.2 feet respectively, to validate the siting of the structures would be in harmony with the general purpose and intent of the Zoning By-law and have minimal impact as the structures themselves are conforming with just the overhangs intruding into the required setback areas. 7. Accordingly, by UNANIMOUS vote, the Board of Appeals GRANTS the requested reliefby SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section 139-16C(1) and Section 139-16C(2), in order to validate the siting of the primary dwelling and garage/apartment, subject to the following conditions: 3 (a) The siting of the primary dwelling and garage/apartment shall be substantially as shown upon the "As-Built Plot Plan", done by Richard K. Earle of Nantucket Surveyors LLC, licensed surveyor, dated November 29,2006, a reduced copy of which is attached hereto as Exhibit A; and (b) No other construction shall take place within the required setback areas in the absence of further relief from the Board of Appeals. 8. In separate action, the Board of Appeals, by a UNANIMOUS vote, approved Applicant's request for a withdrawal without prejudice of the request for variance relief pursuant to Nantucket Zoning By-law Section 139-16A. Dated: April i3 ,2007 b~ 1~~UALN- Nancy J. Sevr s\ 4 ( ( . ( \ ) \ "- ( \ I 'M \ \ ~ \ TO GUrfc.3.- \ :::rO~~ 1 ~ ~ Jf2~t <;)\ TO GiJTf!R [11 \ " " o . ~\ 'iJ ~\ ~\ %\ \ \ \ \ t- , \ \ \ \ \ \/ \/ \ \ \ \ \ \ (") o c z(j) ~C S:~ 3t-:I:j c(j) -Ijooo-\ ,0 <.t8 )>- ~~ \RO [11? ~d o -I :r: ~.lA- N/F ruCKrT ISLANDS NAN LAND BANK 67-387 ~ Z ,-<::J :>>:>> ~c:.';::z ~ L~IlI>~ <:l:l1Il "" <:l:l~:>> G)i\1, z /' / AS-BUILT PLOT PLAN FOR #66 SURFSIDE ROAD IN NANTUCKE~ MASSACHUSETTS SCALE: 1"=10' DATE: NOV. 29, 2006;1 DEED REFERENCE: L.C.CERT. 19102 ! PLAN REFERENCE: L.C.PL. 26439-U t ASSESSOR'S REFERENCE: . MAP: 67 PARCEL: 558 PREP ARED FOR: BLUE SKY REALTY TRUST JAMES M. MERBERG. TRUSTEE NANTUCKET SURVEYORS LLC. 5 WINDY WAY NANTUCKET, MA. 02554 ZONING CLASSIFICATION DISTRICT: R10 = RESIDENTIAL 10/PWR OVERLAY MINIMUM LOT SIZE = 10,000 Sq. Ft. MINIMUM FRONTAGE = 75 Ft. FRONT YARD SETBACK = 20 Ft. REAR &. SIDE LINE SETBACK = 10Ft. MAX. GROUND COVER RATIO = 25% EXISTING GROUND COVER RATIO = 22.14%:f:(2225:f:SF) 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. MARCH 16.2007. in the Conference Room, 2 FAIRGROUNDS ROAD, Nantucket, MA, on the Application of the following: JAMES M. MERBERG, TRUSTEE, BLUE SKY REALTY TRUST, AND RICHARD TRA VIGLIONE, PRINCIPAL BOARD OF APPEALS FILE NO. 017-07 The Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-l6C(1) to reduce the side and rear yard setback distances and under Section 139-l6C(2) to validate an unintentional front yard setback intrusion. Applicant is asking the Board to validate the siting of the single-family dwelling that is sited as close as about 8.7 feet from the northerly side yard lot line and as close as about 16.7 feet from the front yard lot line in a district that requires a minimum side and rear yard setback of ten feet and front yard setback of 20 feet; and a separate garage/apartment that is sited as close as about 9.4 feet from the southerly side yard lot line and as close as about 9.9 feet from the easterly rear yard lot line. The structures themselves are conforming but the roof overhangs and porches are intruding into the required setback areas. In all other respects the lot and structures confonn to the dimensional requirements of the Zoning By-law. In the alternative, or to the extent necessary, Applicant is seeking reliefby VARIANCE pursuant to Nantucket Zoning By-law Section 139-l6A (Intensity regulations - setback) to validate the structures as currently sited. The Premises is located at 66 SURFSIDE ROAD, Assessor's Map 67, Parcel 558, Land Court Plan 26439-U, Lot 106. The property is zoned Residential-10. r?(QJ/\ PLEASE NOTE THE CHANGE IN TIME FROM 1:00 PM TO 12:00 PM. THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. .. ~ ...i:: 4It ." "!I"':-.~J ,t "'WI . . t;,," '. I c ...~rc .... ) , FEE~j300,00 NANTUCKET ZONING BOARD OF APPEALS .. {. 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 APPLICATION FOR RELIEF _~~~~:~Sa~:::~~:__~_ij}y~~~~t;J~1~r~........ . AP~I.icant's name(s):, ;'~ (}ro_ m Ult; _. an~ . . _I'"g Ma.Ungaddress:. ~.ili~. . ....: . '1 . Locus'address: 6.. S '/'cQ.o /)00 ri.. Assessor's.MapfParcel:(fl7S-<;,S"( Land Court PlanlPlan Book & PagefPlan File NQ.: :2 (0 t{..-",~ q~u Lot No.: fO-Q;.. i Date lot acquired:_I-,-I_ Deed Ref./Cert. ofTitle:i q to 2- Zoning District: R--I CJ pses on Lot- Commercial: None~Yes (describe) ReSidential: Number of dwellings-L Duplex-----.: ApartmentsLRental Rooms . Building Date(s): All pre-date 7/721 .> -<CCo ' C of 0(8)1 IlJ{j' Building Permit Nos: - s:-~ --0 Previous Zoning Board Application Nos.: State below or on a separate addendum specific reli~f sought (Special Permit, Variance, Appeal), Section of the Zoning By4aw, and supporting details, grounds for grant of relief, listing any existing nonconformities: CASE NO. 011-0'] &-u G f/Q~w 0:& ~'r0 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' (If not owner r Applicant iZ.... Attorney/Agent pljoQf of agency to bring this tter before the Board) FO OFFICE USE Application received on:JJ~lJl12BY: Complete: Need copi .. Filed with Town Clerk:2J"Z2f02..rt. '_~ _ Ul 109 Dept.:_I_/_ y Fee deposited with Town Treasurer:2i2Z.tJ2By:./LLfu Waive~requested?:_Granted:_/__J~ Hearing notice posted with Town Clerk:Z./2l117 Mailed: 61 ?Zf!2I&M:3Jl.J()~ ~ /g:~ Hearlng(s) held on:_I_I--: Opened on:_/_I_ Continued to:_I_I_ Withdrawn?:_/_I_ DECISION DUE BY:_I_I_ Made:_/_/_ Filed w(fown Clerk:_/_I_ Mailed:_/_/_ ADDENDUM The Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-16C(I) to reduce the side and rear yard setback distances and under Section 139-16C(2) to validate an unintentional front yard setback intrusion. Applicant is asking the Board to validate the siting of the single-family dwelling that is sited as close as about 8.7 feet from the northerly side yard lot line and as close as about 16.7 feet from the front yard lot line in a district that requires a minimum side and rear yard setback of ten feet and front yard setback of 20 feet; and a separate garage/apartment that is sited as close as about 9.4 feet from the southerly side yard lot line and as close as about 9.9 feet from the easterly rear yard lot line. The structures themselves are conforming but the roof overhangs and porches are intruding into the required setback areas. In all other respects the lot and structures conform to the dimensional requirements of the Zoning By-law. In the alternative, or to the extent necessary, Applicant is seeking relief by VARIANCE pursuant to Nantucket Zoning By-law Section 139-16A (Intensity regulations - setback) to validate the structures as currently sited. The site has several different severe grade changes through out the entire lot and it made it difficult to site the house on the lot. Applicant worked with a surveyor throughout the process and still the two structures intruded into the four required setback areas in most cases by less than six inches. The structures are complying and in most cases the overhanging eaves are infringing on the setback areas. The houses are complete, with substantial landscaping in place and to correct the slight intrusions would cause substantial hardship for the Applicant, a year-round resident of the Island and would compromise the structural and architectural integrity of the primary and secondary dwellings. Town of Nantucket Web GIS - Printable Map Page 1 of2 Town of Nantucket Web GIS 67 558 66 SURFSIDE RD MERBERG JAMES M TRUSTEE BLUE SKY REALTY TRUST . Prop ID Address Owner NOT A LEGAL DOCUMENT o Sale Date Sale Price Book/Page Lot Size POBOX 3371 NANTUCKET, MA 02584 09/20/1999 $105,000 C0019/102 0.23 acres For general reference only: Important caveats which must be considered when using this data are available from the Nantucket GIS Coordinator. Discl<lirrLe.r The information 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 information is from the Town of Nantucket (;p(vlr~nhir Tnfnrm.:::.tinn ~\/c:tpm r(;rc::) rl;;'tt~h.:::lC::p ~ ~ ~~~ Town of Nantucket, Mass Map Composed http://host.appgeo.comlnantucketmalPrintableMap.aspx?Preserve=Width&Map Width=8 64... 1/25/2007 Town of Nantucket Web GIS - Printable Map Page 1 of2 Town of Nantucket Web GIS Prop ID Address Owner 67 558 66 SURFSIDE RD MERBERG JAMES M TRUSTEE BLUE SKY REALTY TRUST NOT A LEGAL DOCUMENT Sale Date Sale Price Book/Page Lot Size POBOX 3371 NANTUCKET, MA 02584 09/20/1999 $105,000 C0019/102 0.23 acres For general reference only: Important caveats which must be considered when using this data are available from the Nantucket GIS Coordinator. !2is.cJgir:n~r The information 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. Ail information is from the Town of Nantucket r:;j:l('\,.,r;::mhir Tnfnrm;::'ltinn c;\lc:h:~m (r:;T~' n.:::lt;::'lh;::'lc:.p Q ~~~ ~ Town of Nantucket, Mass Map Composed http://host.appgeo.comlnantucketmalPrintableMap.aspx?Preserve=Width&MapWidth=4 3 2... 1/25/2007 \ N/F/~' 'NDS N1l1cKET ;)&of' NA LAND 8ANK 67-387 \ STAIRS w/ i ENCLOSED StoRAGE J-. ~ ~ :;0:, t;'g ~~~:;o:, ~ ~~~~ Ql~,.. Ql':ij~ l:)t'\ ~ (") o c ZUJ. ~d ~~ gUJ. -4~ It:::' <:t'Jj )- ~';d ~O ~~ c ~ :t: -- -' ~t ~\O "'~ ~ ""Ql ~~ ;\ \\"'~ :tl.~ _- i\..lC\<EI Sl \l1XI~ _-~--- iOWN ot ~t~h^ENi _--~~----- SEWE (20' lIloE)_------- -- -- ---- . -- N/F THERESA 8. rvWARD P~R'( 67-233 -- AS-BUILT PLOT PLAN FOR #66 SURFSIDE ROAD IN NANTUCKET, MASSACHUSETTS SCALE: 1 "=20' DATE: NOV. 29, 2006 DEED REFERENCE: L.C.CERT. 19102 PLAN REFERENCE: L.C.PL. 26439-U ASSESSOR'S REFERENCE: MINIMUM LOT SIZE = 10,000 Sq. Ft. _ MAP: 67 PARCEL: 558 MINIMUM FRONTAGE = 75 Ft. PREPARED FOR: FRONT YARD SETBACK = 20 Ft. BLUE SKY REALTY TRUST REAR & SIDE LINE SETBACK = 10Ft. JAMES M. MERBERG, TRUSTEE MAX. GROUND COVER RATIO = 25% NANTUCKET SURVEYORS LLC. EXISTING GROUND COVER RATIO = 22.14%:I:(2225:1:SF) 5 WINDY WAY P ~e ~TUCKET, MA. 02554 N.B. 258 131 //J08S/N68/~p("-28-06).owr; ZONING CLASSIFICATION DISTRICT: R10 = RESIDENTIAL 10/PWR OVERLAY N-6868 jI .5, ()() RECEIVED BOARD OF ASSESSORS Town of Nantucket JAN 0 5 2006 TOWN OF NANTUCKET, MA Zoning Board of Appeals LIST OF PARTIES IN INTEREST IN THE MAITER OF THE PETITION OF: PROPERTY OWNER.......~....M",..M-.~.~f.#,~ MAILING ADDRESS.....lA~..... ...... -. . .:!??~.....~...:.............................. PROPERTY LOCATION.........~.&..... ........... ~.....~"P.~............... ASSESSOR MAPIPARCEL.................. .(.f1. ...... .5.~............................. APPLIcANT...~crA..tN..1 ~..I...Ir.0.N~.......:................. 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