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HomeMy WebLinkAbout014-08 Sanford Boat Building Cond. Assoc. TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 gg c ~~ o -' Tl -:::;1 ,'.) r~ 1) c t J) June 12 ,2008 Date: To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 014-08 Owner/Applicant: Sanford Boat Building Condominium Association 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 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. /!Ii J, D4 L 3BBJ Michael J. O'Mara, Chair.man 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 508-228-7215. NANTUCKET ZONING BOARD OF APPEALS Two Fairgrounds Road Nantucket, Massachusetts 02554 2 Sanford Road, Nantucket Assessor's Map 55, Parcel 267 Residential-Commercial Lot 23 on Land Court Plan No. 35560-G Certificate of Title No. 8,118 At a public hearing of the Nantucket Zoning Board of Appeals on Friday, April 11, 2008, at 1:00 P.M., in the Conference Room at Two Fairgrounds Road, Nantucket, Massachusetts, on the Application of SANFORD BOAT BUILDING CONDOMINIUM ASSOCIATION, with a mailing address of P.O. Box 3682, Nantucket, Massachusetts 02584, BOA File No. 014-08 in connection with property located at 2 Sanford Road, Nantucket, Massachusetts the Board made the following DECISION: 1. Applicant is requesting a clarification of the Special Permit relief granted in Zoning Board of Appeals Decision No. 103-92. Decision No. 103-92 required the Applicant to maintain 19.74% open space on the Premises. Presently there is 15.8% of open space because of the construction of a handicapped accessible ramp that is exempt from the open space regulations of the Zoning Code. There are also garbage bins set on brick walkways that further reduce the ground cover. To the extent necessary, the Applicant requests Special Permit relief under Zoning Bylaw 139-33A (pre-existing nonconforming structures) and/ or Variance relief under Zoning Bylaw 139-32 (Variances) to validate the location of the steps to the handicapped access ramp and two garbage bins within the rear yard setback. Applicant is also requesting that the site plan of the Premises, dated March 7, 2008, be incorporated as the current site plan in the Board's clarification. The Premises are located at 2 Sanford Road, shown on Nantucket Tax Assessor's Map 55 as Parcel 267, Land Court Plan No. 35560-G as Lot No. 23, and on Certificate of Title No. 8118 at the Nantucket Registry District for the Land Court. The Premises are located in the Residential-Commercial zoning district. 2. Our Decision is based upon the application and accompanying materials, representations and testimony received at our public hearing. The Planning Board made no recommendation. No abutter comment was received either in favor of or against the application and there were no letters on file. 3. Applicant, through counsel, represented that the Premises are located in the Residential-Commercial zoning district and are conforming as to lot area and frontage. The structures on the Premises conform to rear and side setbacks except for the handicapped accessible ramps that are exempt from zoning regulations pursuant to M.G.L. c 40A, section 3. The Premises are benefited by Special Permit relief granted in BOA File No. 103-92, allowing 22 parking spaces for the current uses and waiving the requirement to have a loading zone. The Decision also requires the then existing open space of 19.74% to be maintained, slightly under the minimum requirement of 20% open space set forth in Section 139-16E(1) of the Zoning By-law. 4. In 2001 Applicant built a handicapped access ramp on the west side of the building and extended the existing handicapped access ramp on the west side of the building (Building Permit No. 198-01). The ramps cover some of the brick walkway that had counted toward open space in the 1992 Decision. Given the lot and parking configuration and location of the building on the lot, the steps that are integral to the west handicapped access ramp encroach on the 5 foot minimum setback from the southerly property line. Two rubbish bins rest on 69i. feet of the brick walkways, arguably reducing the open space; Applicant proposes to increase the size of two planting areas and add a third planting area, for a total added green space of 190i. square feet to compensate for the rubbish bins. 5. Handicapped access ramps are exempt from open space and setback requirements of local zoning by-laws pursuant to Massachusetts General Laws chapter 40A, section 3. Therefore, the Board finds that the open space covered by the ramps may be counted in the lot's open space calculation and finds that no Special Permit relief is necessary to validate the steps in the rear yard setback, as the steps are integral to the ramp. 6. At the Annual Town Meeting held on April 8, 2008, the Town of Nantucket adopted Article 63 that revised the definition of "structure" and, among other things, expressly removed rubbish bins from the definition. Therefore, the Board finds that no relief is necessary for the location of the existing rubbish bins within the rear yard setback of the Premises. 7. Accordingly, by a UNANIMOUS vote, the Board of Appeals clarifies its Decision in BOA File No. 103-92 as follows: (a) given the exemption for handicapped access ramps from open space in M.G.L. c. 40A, section 3 and the proposed added green space shown on Applicant's site plan, the open space on the Premises is 2,436 square feet, exceeding the 20% minimum required open space; 2 (b) the steps integral to handicapped access ramp are entitled to the exception from setbacks pursuant to M.G.L. c.40A, section 3; (c) no relief is necessary for the location of the rubbish bins; and (d) the plan submitted by Applicant labeled "Zoning Board of Appeals Plan of Land in Nantucket, MAli drawn by Charles W. Hart and Associates, dated April 9, 2008, attached hereto as Exhibit A, shall be incorporated into this Clarification as the site plan of the Premises. SIGNATURE PAGE TO FOLLOW 3 JUN Dated: ~ R, 2008 Lisa Botticelli 6:~Z~ COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. &fa, 2008 On this / d. day of <};:Jr200S, before me, the undersigned Notary Public, personally appeared ,~~"", /<~M~ , who is personally known to me, and who is the person whose name is signed on the preceding or attached document, and who acknowledged to me that he/ she signed it voluntarily for its stated purpose. ~~ Notary Public:' WJV~K~MII71Z( My commission expires: /11~ ,J;J., iMr?;, 4 -to . ' . ~ ~::i ~! ~~ "'l .~ -' Ig ~t:t:t:l! ~ ~$o..li! II ;~Ii; il 9!~i~ ~ iud ~ I "I i~i ~~i~ .. ;j I~~~ .. I ~ ~ ~ ~ ~ ~ ~ I!: ... ~ ~~ ~ ~~ '::::i 0; I t:5 ;;s ~ ~~~ ~ ~~~~ ~~[.j!:l~ "'~~~~~~. ~ ~ ~ ~ ~ ~ '! i=:l ~ r-jCl> ~ :r. ~ ~ ~ ~ ~ ~ d ~ ~! '"' ~ ~ ~ '< "~ ~ ~ 3 ,,= ~ ~ .~ ~ ~ ~ ~ Ii'! ~ ~ ~i ~ '"".... lit ~...!l'i ~ UIO s;: ~ C:l "4 !l'i ~'" ;;:s "'l !l'i~.~ ~ ~ II: ~ u / I / , I i ~ i~ ~ I~! ~ I!i ~f .. I ! I ~ -- ') ::i::i t3 . ih ~ Uij~i ~ jilii~ ~ ib~i~ '5 ;I~~ ~ . ~ , , ~ ' ~ ' .. ill" -.I o ," ~ I ~~i~i~ ~ ~~<l~ ... .,J I ~ ~ ~ I. TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS O~~4 :,:i:~ g ,'"II :::::- , -0 ::::0 N N Date: April 17, 2008 23 o To: Parties in Interest and. Others concerned with the Decisiort:::0f the BOARD OF APPEALS in the Application of the following: ~ Application No.: 014-08 Owne r / A pp 1 i can t :,_~,~'::!'?~c:l"_,_I3.?_~,~,_,,I3.~,~_~~~,'::~_,~_~c:lornini urn 1';8 8C:;C ia ~~.cm 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 Land COUl-t within TWENT'Y (20) days after this clay'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. ~j;, gftj{;;l~u~~) 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, PLE~ASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT 508-228-7215. NANTUCKET ZONING BOARD OF APPEALS Two Fairgrounds Road Nantucket, Massachusetts 02554 2 Sanford Road, Nantucket Assessor's Map 55, Parcel 267 Residential-Commercial Lot 23 on Land Court Plan No. 35560-G Certificate of Title No. 8,118 At a public hearing of the Nantucket Zoning Board of Appeals on Friday, April 11, 2008, at 1:00 P.M., in the Conference Room at Two Fairgrounds Road, Nantucket, Massachusetts, on the Application of SANFORD BOAT BUILDING CONDOMINIUM ASSOCIATION, with a mailing address of P.O. Box 3682, Nantucket, Massachusetts 02584, BOA File No. 014-08 in connection with property located at 2 Sanford Road, Nantucket, Massachusetts the Board made the following DECISION: 1. Applicant is requesting a clarification of the Special Permit relief granted in Zoning Board of Appeals Decision No. 103-92. Decision No. 103-92 required the Applicant to maintain 19.74% open space on the Premises. Presently there is 15.8% of open space because of the construction of a handicapped accessible ramp that is exempt from the open space regulations of the Zoning Code. There are also garbage bins set on brick walkways that further reduce the ground cover. To the extent necessary, the Applicant requests Special Permit relief under Zoning Bylaw 139-33A (pre-existing nonconforming structures) and/ or Variance relief under Zoning Bylaw 139-32 (Variances) to validate the location of the steps to the handicapped access ramp and two garbage bins within the rear yard setback. Applicant is also requesting that the site plan of the Premises, dated March 7, 2008, be incorporated as the current site plan in the Board's clarification. The Premises are located at 2 Sanford Road, shown on Nantucket Tax Assessor's Map 55 as Parcel 267, Land Court Plan No. 35560-G as Lot No. 23, and on Certificate of Title No. 8118 at the Nantucket Registry District for the Land Court. The Premises are located in the Residential-Commercial zoning district. 2. Our Decision is based upon the application and accompanying materials, representations and testimony received at our public hearing. The Planning Board made no recommendation. No abutter comment was received either in favor of or against the application and there were no letters on file. 3. Applicant, through counsel, represented that the Premises are located in the Residential-Commercial zoning district and are conforming as to lot area and frontage. The structures on the Premises conform to rear and side setbacks except for the handicapped accessible ramps that are exempt from zoning regulations pursuant to M.G.L. c 40A, section 3. The Premises are benefited by Special Permit relief granted in BOA File No. 103-92, allowing 22 parking spaces for the current uses and waiving the requirement to have a loading zone. The Decision also requires the then existing open space of 19.74% to be maintained, slightly under the minimum requirement of 20% open space set forth in Section 139-16E(1) of the Zoning By-law. 4. In 2001 Applicant built a handicapped access ramp on the west side of the building and extended the existing handicapped access ramp on the west side of the building (Building Permit No. 198-01). The ramps cover some of the brick walkway that had counted toward open space in the 1992 Decision. Given the lot and parking configuration and location of the building on the lot, the steps that are integral to the west handicapped access ramp encroach on the 5 foot minimum setback from the southerly property line. Two rubbish bins rest on 69i. feet of the brick walkways, arguably reducing the open space; Applicant proposes to increase the size of two planting areas and add a third planting area, for a total added green space of 190i. square feet to compensate for the rubbish bins. 5. Handicapped access ramps are exempt from open space and setback requirements of local zoning by-laws pursuant to Massachusetts General Laws chapter 40A, section 3. Therefore, the Board finds that the open space covered by the ramps may be counted in the lot's open space calculation and finds that no Special Permit relief is necessary to validate the steps in the rear yard setback, as the steps are integral to the ramp. 6. At the Annual Town Meeting held on April 8, 2008, the Town of Nantucket adopted Article 63 that revised the definition of "structure" and, among other things, expressly removed rubbish bins from the definition. Therefore, the Board finds that no relief is necessary for the location of the existing rubbish bins within the rear yard setback of the Premises. 7. Accordingly, by a UNANIMOUS vote, the Board of Appeals clarifies its Decision in BOA File No. 103-92 as follows: (a) given the exemption for handicapped access ramps from open space in M.G.L. c. 40A, section 3 and the proposed added green space shown on Applicant's site plan, the open space on the Premises is 2,436 square feet, exceeding the 20% minimum required open space; 2 (b) the steps integral to handicapped access ramp are entitled to the exception from setbacks pursuant to M.G.L. c.40A, section 3; (c) no relief is necessary for the location of the rubbish bins; and (d) the plan submitted by Applicant labeled "Zoning Board of Appeals Plan of Land in Nantucket, MA" drawn by Charles W. Hart and Associates, dated April 9, 2008, attached hereto as Exhibit A, shall be incorporated into this Clarification as the site plan of the Premises. SIGNATURE PAGE TO FOLLOW 3 .. Dated: April JL 2008 Burr T\Pp~r, t~/1 _ 0 n \Q~~ Lisa otticelli '- David Wiley K/::;ose{ ~ Nantucket, ss. COMMONWEALTH OF MASSACHUSETTS f; 3J, 2008 On this 111- di \If Apri!t..20~}'efore VIe, the undersigned Notary Public, personally appeared . I.JI ,::J/J I~,//, , who is personally -- known to me, and who is the person whose name is signed on the preceding or attached document, and who acknowledged to me that he/ she signed it voluntarily for its stated purpose. ~--~ Notary Public: *,,~~~ MNJY'" My commission expires:M."e1t ~AN'?J, 4 Page 1 of2 Linda Bradbourne From: John Brescher Sent: Friday, June 13, 2008 1:57 PM To: Linda Bradbourne Subject: RE:ZBA Decision Linda, For both of those decisions an "exhibit A" was not attached the first time they were filed. The attorneys asked to re-file the decision because we couldn't just add the exhibit A to the already filed decision. I assume these decisions now have another appeal period? -John John B, Brescher Interim ZBA Administrator Nantucket Planning Office 2 Fairgrounds Road Nantucket, MA 02554 508-228-7215 (telephone) 508-228-7298 (facsimile) jbrescher@m!!JIJJ_cKel:-[Tljl_,99_\' From: Linda Bradbourne Sent: Friday, June 13, 2008 1:53 PM To: John Brescher Subject: ZBA Decision Good afternoon John Venessa brought down a few ZBA Decisions this am. As I was entering them into our database I see that 014- 08 (Sanford) and 030-08 (43 India LLC) already had decisions filed. Before I go ahead and log these in I just want to make sure I am supposed too, especially as we will be running with two different appeal dates, Cheers, L Linda Bradbourne MacDonald Assistant Town Clerk Office of the Town Clerk 16 Broad Street Nantucket, MA 02554 Ph: 508 228 7217 6/13/2008 ) - NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 :" \, FEE: $300.00 CASE NO. , " "....."", Li ' I Dl'f":-081-1 APPLICATION FOR RELIEF Owner's name(s): Sanford Boat Buildine Condominium Association Mailing address: P.O. Box 3682, Nantucket, Massachusetts 02584 Applicant's name(s):Edward Sanford and Matthew Sanford, Trustees of Lower Pleasant Trust, Declarant Mailing address: 5 South Beach Street, Nantucket, Massachusetts 02554 Locus address: 2 Sanford Road, Nantucket Assessor's Map/Parcel: Land Court Plan No.: Map 55, Parcel 267 Land Court Plan No. 35560-G Lot No.: Lot No. 23 Date lot acquired: 11/18/1977 Deed Ref./Cert. of Title: Cert. 8,118 Uses on Lot - Commercial: Yes: office/retaiUpersonal services use Building Date(s): 1977 C ofO(s): 1978,1984 (converted to rental use), 2008 (renovation) Building Permit Nos: 726-77, 1106-79, 1270-79, 1269-79,2858-83,4214-85,509-07 Previous Zoning Board Application Nos: BOA Nos. 034-80 and 038-80 (nonlocus); BOA No. 103.92 Zoning District: RC 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: See Attached Addendum d ~ :n :::;:: ~::J.J N ....... ::t::> co I certify that the information contained herein is substantially complete and true to the best of my..c: +:>- knowledge, under the pains and penalties of perjury. Lower Pleasant Trust, by Edward J. Sanford and Matthew S. Sanford, Trustees ) Applicant Attorney/Agent X lease enclose proof of agency to bring this matter before the Board) FOR ZBA OFFICE USE Application received on:_/_/_ By: Complete: Need copies?: Filed with Town Clerk:_/_/_ Planning Board:_/_/_ Building Dept.:_/_/_ By: SIGNATURE: (If not owner 0 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:_/_/_ DECISION APPEALED?:_/_/_ SUPERIOR COURT: LAND COURT Form 4/03/03 ADDENDUM 2 Sanford Road, Nantucket Applicant requests a Clarification of the Special Permit relief in BOA Decision No. 103-92, in which the Nantucket Zoning Board of Appeals required Applicant to maintain the then-existing minimum of 19.74% of open space on the Premises. There is approximately 15.8% of open space existing on the Premises today; the loss in open space is the result of the construction of a handicapped accessible ramp that is exempt from the open space regulations of the zoning code pursuant to M.G.L c.40A, section 3. To the extent two garbage bins set on brick walkways further reduce the open space on the Premises, the additional 69 square feet of coverage results in open space of 15.24%. To the extent necessary, Applicant requests special permit and! or variance relief to validate the location of steps to the handicapped access ramp and two garbage bins within the rear yard setback. Applicant also requests that the site plan ofthe Premises, drawn by Charles W. Hart and Associates, Inc., dated March 7,2008, be approved and incorporated as the current site plan of the Premises in the Board's clarification. The Premises are located in the Residential-Commercial District and are conforming as to lot area and frontage, having approximately 12,120 square feet of area and 131.28 feet of frontage where minimums of 5,000 square feet of area and 40 feet of frontage are required. The structures on the Premises conform to rear and side setbacks except for the handicapped accessible ramps that are exempt from zoning regulations, the steps to the ramp, and the garbage bins. .. { Property 10 55 267 location 2 SAN FORD RD ., , "'!i!!;iJ.'~lllll .~. S "':~~"<.. :;~>" :55 241 \, ':52~~ .. O"~ ... ';'\.;, . 107ft .' .,........ .. scum. 'Y H-5982 ASSESSORS NAP 55 PARCEL 267 ~--L l----~ i L _ _________~ ( IN FEET ) 1 inch = 20 ft. GRAPHIC SCALE LOWER PLEASANT TRUST l. c. CERi. 8, 118 l. C. 35560-C lOr 23 CHARLES W. HART and ASSOCIATES, Inc. PROFESSIONAL LAND SURVEYORS 8 WILLIAMS LANE NANTUCKET, MASS. 02554 (508) 228-8910 SEMENT tR SCALE: 1"=20' OArE: NARCH ?: 2008 OffNER'S REFERENCE: 55-267.9 N/F CONGDON & COLEMAN INSURANCE AGENCY, INC. CERT. 15,774 L.C. 35560-E LOT 7 ""- BUILlJINe LOCATION PLAN OF LANIJ IN NANTUCKET, NA. " PLANS )CATlON ? STY W/F BUILDING ,= 2715:1:S.F. jo" " ~ '\ 12, 120:1:5.F. 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