The URL can be used to link to this page

Home My WebLink About001-08 Sharp . ' TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554g '''-1 c:-:> ;0 Date: ::;: :::=0 :::a March 11:, 200ft -0 ;, \i To: Parties in Interest and. Others concerned with the Ded~sion 6f N the BOARD OF APPEALS in the Application of the following: Application No.: 001-08 Owner/Applicant: Randolph G. Sharp 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. '~tUfcJ-4~ ~~J Michael J. O'Mara, Chairman 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 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 60.1.2, Parcel 6 14 Tennessee Avenue Certs. of Title Nos. 11918 and 18051 Land Court Plan 3092-S Lots 3, 4, 4A, 11, 12, A Residential-2 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, February 8, 2008, at 1:00 P.M., at 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of RANDOLPH G. SHARP, JR., c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 001-08: 2. The applicant is seeking a Special Permit pursuant to Nantucket Zoning By-law ~139-33.A, or in the alternative a Variance under Nantucket Zoning By-law ~139-32 from Nantucket Zoning By-law ~139-16.A (Intensity Regulations Front Yard Setback), for the alteration (by demolition and reconstruction) of a pre-existing, nonconforming single-family dwelling upon the locus. At present, the dwelling is sited about 8.8 feet from the front lot line along Tennessee Avenue at the closest point; minimum front yard setback in this district is thirty (30) feet. A shed is sited about 6.4 feet from the southwesterly side lot line, and a studio is sited about 3.4 feet from the northeasterly side lot line; minimum side yard setback in this district is ten (10) feet. The applicant proposes to remove all structures from the locus and to construct new primary and secondary dwellings, which will comply with all dimensional zoning requirements except that one dwelling will be sited about fifteen (15) feet from the front lot line. The locus is situated at 14 TENNESSEE AVENUE, Madaket, Nantucket Assessor's Parcels 60.1.2-6, is shown upon Land Court Plan 3092-S as Lots 3, 4, 4A, 11, 12 and A, and lies in a Residential-2 zoning district. 1 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, his counsel and his engineer, neither support nor opposition was presented at the public hearing. 4. Although the locus contains about 52,012 square feet of lot area, in a district where minimum lot area is 20,000 square feet, the use of the property is substantially impacted by the existence of wetlands. In the southwesterly portion of the locus, the separation between the line of Tennessee Avenue and the wetland boundary is only about 100 feet, and the minimum setback of structures from the wetland boundary under the Nantucket Wetlands Protection Regulations adopted by the Nantucket Conservation Commission is 50 feet; with the minimum front yard setback being 30 feet, there is only about 20 feet left for the construction of structures. The existing dwelling is only about 8.8 feet from Tennessee Avenue, as noted above. The applicant proposes to perform work which will eliminate two setback nonconformi ties and reduce the third. In answer to an inquiry from the Board of Appeals, the applicant's engineer, Arthur Gasbarro, P.E., P.L.S., reported that the total amount of ground cover of the existing structures which is within setback areas at present is about 1,299 square feet (about 997 of which is in the front yard setback), and under the applicant's plan the ground cover within the front yard setback area would be reduced to about 780 square feet, with the other setback intrusions completely eliminated. A plan showing existing conditions, by Blackwell & Associates, Inc., dated January 2, 2008, is attached hereto as Exhibit A-1, and a plan showing proposed conditions, also by Blackwell & Associates, Inc., and dated February 8, 2008, is attached hereto as Exhibit A-2. 5. Based upon these facts, the Board of Appeals found, by a vote of four members (O'Mara, Waine, Toole and Koseatac) in favor and one (Tupper) opposed, that, owing to circumstances relating to the soil conditions, shape and topography of the locus (consisting of the placement of wetlands affecting the locus, and the existence of the present nonconforming structures), and especially affecting the locus and not affecting generally the Residential-2 zoning district, a literal enforcement of the provisions of the 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 or purpose of the By- law i and by the same vote of four members in favor and one opposed, VOTED to GRANT relief by VARIANCE from the front yard 2 ~ ::i oco~ 00<: 0c::O f\)<:~ u,~1"11 'J.....Vi o,""':ti -........ 0,-<(') " :::j o <: i ~ ~ ~ / ~ I .~\~ :c\ l;i ~ ~ '\ .~ ('), 00 )0(') UJC j;!UJ ,- UJ UJ --<:E ~=i i:~ z "Tl 5~ ~o G) [TIUJ ;....c [TIm ,c- ~~ 'II --< co--< SO G);:O"Tli:i: ~~~zz ~~~~~ 0\Q,-<i:i: 0)> C"HTJ;:O"'T1r 5eUJ 0;:0 0 [TI[TI 0--< ;:OiiJ~~\Q ~i!)~~P.l .. ?'(')" ?' '" o ~ "0 ~o~0l8 ~;l:cj:cj~ , . ;T1 d~~S ~~~ '" ~ '" "'- '" g 0> '" (; 0> (;. 0> -u '" o .... o o 0 rTl rTl Z z Q Q rTl rTl Vl Vl ~ j i' ~ ~ [Tl ~ 0 6 ~ i ~ 0 Ul lD o C z ~ -< ,0'1" ?() ~ ~ ~~:- [!ht\> It: J. o ::0 ~ ::r: ....... o <l Ef ~ () ::rZ 11 "":l t<:l ~t<:l 00-3 Ul <l ",:t>- ot"" t<j - r+ .... o ~ ~ ~ :c .l;i ~, ~ ~ ~/ ~ . --- :c r "T1 ... 0> ~ <'" ~~ ~ \,,\ ~ ~ ~ '0. ~ ~ "7..c. '(!\ to c..u ...-:z ..... en \ \ \ iT{ ~ 0> [;j !=:> ~ i::; "i", I ):,,~- ~ .- ~ ~ ,." C;; r- r- (") ~ o ):"t) ~c:: ~ o~ ' (") ~:- , ):" 'i t\> _0 I ~~ t '~ r- ;:0(') (') (1) c 0 !!1,;:o i: a.;:o m (D rrJ Z ~~ f'T1 e. 0 N ",0 ' z ~ ;02 )10- I G) ;:0 ~(') ~ r; II UJ (J1 UJ '" 'Ti "0 o ~ o ~ s:o~ ~~ :lj :-i ()~ 0 0",,-., ~~ -i~ :::j -;::l Q.- !",1 ~;;:;- t.,~~ ~):,,~ f\) I Vi \ r-~:t.. g~:g t.,~~ C)~O 1Of'1~ ~'1:J~ u)C'lr;:j ::0 ~ ~ 'Z. 2S ~~ ~~ ~ :t..~ ~[;J~ ~::-t1'1i ~~ ~~<: 0,-0 o ::r: G) ::r: r-~ ~(')::-t t.,C'l~ u,<::... IOU):;;;: f'1:-< Vi C) ~ sa v) ~ ~ ~ ~ C") f'l'] ~ ~ ~ ~: ~a ~ ~a '"tl ~ ::,..... ~~~ ~l\:I'" >1:...... """.....:::i~ "'i c::: 5... 0) 0 ~ ~~" ~ ~~~~,~ g ~ ~ ~ ~ ~ a ~I ~~~['" ~ ~ ~ t:ti ~ ~ ~~~ ~'~S't~~~ ~~~~~~~ .b~~Rtlj3\) ~~ ~a:::j c~~CtJC) 1::1 ~ ~ I o~ ~c~~ ~ 8 ~ ~ ~ ~ ~ 'ij~~ S1~~iiI Co~ .g ~ ~~..... ~ HIj Q ~ III ~~ ~ OJ- t:l ~ - .., ~ ~ ~ i' O)~;a:t~~ tIl .. .. ~:;t~ .., 0 ~ ~ OcoS:: go~ 'C:: ~~~ u,:&f.1i ~~3tl 0,-<(') :::! " ~ ~. ~"1 ~~ ~ ~_.. ~ ~. ~ ~ ~ '\ ~~~ / \:E. O'lC)a !;j ~ \ t.,~ "...": ~ , ~ \ \ ~ ":E \ \.: ~ '.~ o III -u (')r ::::OrTJ 00 rTlX ~g ~~ ~~ ~z Ul 0(;) ~:E "Tl~ :u~ ~~ i:- i:(') z --< ~'j; :i!~ Oz fTlrTl ~o UlUJ ~Ul ~O--< ;.....C. fTllD (D r"- fTl ~~ 'II --i !>>(j .s -u '" ~ '~ d~~S ~~~ '" 0 0 0> '" 0 0> 0 Vl -u .... '" 0 '" !!l 0 '" z ~ 0 ;;l S' ~ ::d Vl ~ Ol () > i~ <: !=:> ::ri ""d ,:;:!~:-- ::r: r-"'" II "":l ..... ~ J. t"l 0 (') .j>.t"l 0 0>-3 CI.l - (') ~ > '" t"" 0 tz::l ~ ~ ~ ~ \ , :E .~ .... ~ ~ ~ -......., ~ , _ ' ":E ~' !;j !;j ... 0> \ ~ ~ 11-~ ;.,,\ ~ \ ~\ ~ \ ~ ~ "0. ~ (<' tI:l u:> -'l ....... CD 7,L. ~ \ \ ~\ l" q..\ 1ro\ \,,\ ~ ~ ~ ~ [:j t\) ~~1. ~ .- <: i\i iij C;; r- r- C) ~ t::l ):,.:::l ~c:: Ol O~ !=:> C) ~:- , ~ 'it\) _t::l I ~~ t '~ r- =< ~;:O"Tli:i: o~~zz c~zifif ~~~~~ (')~~...,.- ~UlO~~ ::::oi~~~ ~(')~gr,1 .. ^(')" "^ .. '" o ~ '0 ~o~~g ~ ;l :~:r~ ~ , ' ;T1 :--J~~(/) \l ~rTlfTlf;l ~ " "" " ~'j;'j;'j; 5l zzz ~ -. ~ / :u (') (') (1)C 0 ~.::::o s:: a.;:o (D (1) rTl - ::l Z Z [-t {:} -N "'~ 5 ~- --< fts ?O t;(') ~ 'j; II Ul (J1 UJ '" :;; '0 o ~ ,. '" ;:j It- o Ul ~ ;., r-~:t.. gr>lil t.,i!1~ a-'-' IO~:>( f\) .., ~ 1"tJl> Vi~;:;:j ~ \T\ "J> Z. ~ ~~ ~~ ~~ ~ ~ ::t ~ 8~ Q~ ~[;1 ):>I:j r- ::><;; ~ !:a Ei'i!E ~ ~ ~ ~~d ~ ~ ~ ~~ ~ g 0 ~ rJJ ~ ~~~a ~O) ~ 0 ["i!iO~~ ~a~~'~ !;E~ ~ [~~a'-~I '-"i"'[~ 1:" ~ ::z:. ~ ~"U IjI!j ",' ~~.,..;.. ~ l\);c: ~ ~~ ~ ~ ~a: H12'<l ~~~ I", Q.l'I.i Y:l .. ,... 0.;; ~!'>~ <<:) $}3 ~ I . 0 (S "'i ll:~~i~g~~ ~ ~~~"i!i~~ ~ ~~ Q)&3~ ig] ~~S:~l\) OJ- t"'~- ~~~~o :r '=aR.n~ ~ ~ 0) ....~"" tIj . . ~~..~ ~ It:r-() <:~~ OV):-i () s-. a ~.:I' ~ ~~ :::! -;::J ~.- ~ ~i\;_ t.,o..Q) t::l ,,- "" <o):,.~ t\) I Vi o ~ ~ v) :u jJ ~ S2 () f'1 setback requirement of By-law ~139-16.A, subject to the following conditions: (a) The work shall be done in substantial compliance with the plan attached hereto as Exhibit A-2j (b) dwellings, applicant, 2; and The deck connecting the primary and secondary as shown upon a plan originally submitted by the shall be replaced by a patio as shown upon Exhibit A- (c) No exterior construction shall take place between June 15 and Labor Day in any year. No Special Permit relief was granted for Dated: March I~ , 2008 erim Kose a ~7~ Burr Tup, er COMMONWEALTH OF MASSACHUSETTS Nantucket, 55, March ~, 2008 .fit On tlJt.:J ~fMarch, 2008, before me, the nndersigned Notary Public, personally appeared , r ~r ' who is personally known to me, and who is the person whose n!me is signed on the preceding or attached document, and who acknowledged to me that he/she signed it voluntarily for its stated purpose, ~#II!U Notary Public: U-"",..,. K.)4NJr1-f My commission expires:)MJtJ, A1,;()I':J 3 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 RANDOLPH G, SHARP,JR" FILE NO 001-08 Applicant is seeking a Special Permit pursuant to Zoning Bylaw section 139-33A for the alteration (by demolition and reconstruction) of a preexisting nonconforming single family dwelling upon the locus. Two additional existing structures will be eliminated. In the alternative, applicant seeks a seeking Variance relief pursuant to Zoning Bylaw section 139-32A from the requirements of Zoning Bylaw section 139-16A (intensity regulations - front yard setback) to vary the front yard setback. The site is located at 14 Tennessee Avenue, is shown on Nantucket Tax Assessor's Map 60.1.2 as Parce16, and is shown on Land Court Plan 3092-S as Lots 3, 4, 4A, 11, 12, and A. g --1--"" 0'" :E. 2~" Co- ;:J::l> z N w (-"~:I i f.... P' :~:c' a o o 00 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile