HomeMy WebLinkAbout036-08 Kizilbash/Dubuc
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
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APPLICATION
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Owner's name(s):
File No. D~-o9
Michael R. Kizilbash and Nancy Dubuc
Fee: $300.00
Mailing address:
775 Sixth Avenue, New York, New York 10001
Phone Number:
E-Mail:
Applicant's name(s):
Same
Mailing Address:
Same
Phone Number:
E-Mail:
Locus Address: 2 Huntington Street Assessor's Map/Parcel: 71.3.2/331
L.C. 5004-G" BK 18 SH. 5
Land Court Plan/Plan Book & Page/Plan File No.: Lots 30,31,32,33, L.C. 5004-W, Lot 483
COT
Deed Reference/Certificate of Title: 22742 Zoning District LUG-3
Uses on Lot- Commercial: None.-L Yes (describe)
Residential: Number of dwellings 1 Duplex
Apartments
Date of Structure(s): all pre-date 7/72
or
1996
Building Permit Numbers:
13471-96; 475-01; 11128-07
Previous Zoning Board Application Numbers:
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
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State below or attach a separate addendum of specific special permits or variance relief applying for:
~ a;;I;:bcLd I/ddeA-c1u~,
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: Owner*
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SIGNATURE: ~{~; (;'" / Applicant/Attorney/Agent'
*If an Attorney or other Agent is representing the Owner or the Applicant, please provide a signed
proof of agency.
OFFICE USE ONLY
Application received on:.-/_/ _ By:_ Complete:_ Need Copies:_
Filed with Town Clerk:_/ _/ _ Planning Board:_I-/ _ Building Dept.:_/ J _ By:_
Fee deposited with Town Treasurer:_/ J _ By:_ Waiver requested:_
Granted:.-/_/ _ Hearing notice posted with Town Clerk:_I_/ _ Mailed:_/ _/ _
I&M_/ _/ _ &_/ _/ _ Hearing(s) held on:_/ --! _ Opened on :_/ _/_
Continued to:_/.-/_ Withdrawn:--! _/ _ Decision Due By:.-/--! _
Made:--! _/ _ Filed w/Town Clerk:_/ _/ _ Mailed:_/ _/_
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-721'5 telephone 508-228-7298 facsimile
"
ADDENDUM
The Applicants, Michael R. Kizilbash and Nancy Dubuc, request a Special Permit
pursuant to Sections 139-30A and 139-16(C)(2) of the Nantucket Zoning By-law for their
property located at 2 Huntington Street, Nantucket, MA 02554, ("hereinafter the
Property"). The Property is shown as Lots numbered 30, 31, 32 and 33 in Block No. 18
on a plan numbered 5004-G, Sheet 5, filed with Certificate of Title No. 813 at the
Nantucket Registry District of the Land Court, being a subdivision plan entitled "Plan of
Tom Nevers Tract, Atlantic View, Section 5, Nantucket, Mass., owned by Nantucket
Land Trust, Oct., 1916, H.A. Millhouse, C.E.," filed at the Land Registration Office,
Boston, Oct. 5, 1916 and another piece of land shown as Lot 483 upon plan numbered
5004-W, drawn by Massachusetts Department of Public Works, H.G. Gray, Chief
Engineer, dated October 30, 1956 and December 12, 1956, and filed with Certificate of
Title No. 868 at the Registry District of Nantucket County.
The Property is located in the Limited Use General - 3 (LUG-3) zoning district.
The rear yard setback requirement in the LUG-3 zoning district is twenty (20') feet (ten
(10') feet for Lots of Record). The Property is a lot of record as evidenced by the
above-referenced recorded Plans dated 1916 and 1956 respectively. There is currently
one (1) single family dwelling on the Property. The door on the exterior easterly
elevation of the dwelling has two (2) granite steps directly adjacent to the door. The
bottom step is currently located 8.8' feet from the rear yard lot line. As such, the steps
intrude into the rear yard setback by 1.4' feet as shown on an As-Built Plot Plan
prepared by Charles W. Hart & Associates, Inc., dated May 1, 2008, a copy of which is
attached as Exhibit "A".
The Applicants purchased the Property from Mark J. Cutone and Lynda A.
Cutone on September 24,2007. The dwelling was issued a building permit on July 30,
1996 and a Certificate of Occupancy issued for this Permit on February 6, 1997. On
approximately May 16, 2001, the Applicants' predecessor in title, Mark Cutone, was
issued a building permit to construct a 264 square foot addition for a study and
additional storage area. The floor plans for this work, which were submitted to the
Building Department as part of the application process and subsequently stamped
"approved" by the Building Department on June 5, 2001, show the two (2) granite steps
on the easterly elevation of the dwelling. See Exhibit "B" hereto. The Nantucket
Building Department issued a building permit for the addition, No. 475-01, on May 16,
2001, a copy of which is attached hereto as Exhibit "C". At that time, in May 2001, it
was the position and policy of the Nantucket Building Department that stone/granite
steps, such as those on the easterly elevation of the dwelling, were "landscape
features" and were not considered part of the dwelling. As such, they were permitted to
be located within the setback.
The Applicants predecessor in title, Mark Cutone, placed the granite steps in
question on the Property in 2001, as shown on the attached floor plans, Exhibit "e"
hereto. See also Affidavit of Mark Cutone, a copy of which is attached hereto as Exhibit
1
"D". Sometime after May 2001, the position and policy of the Nantucket Building
Department and/or Zoning Enforcement Officer ("ZEO") changed so that stone/granite
steps such as those on the dwelling would now in fact be considered part of the
structure and therefore must comply with the setback requirements of the LUG-3 Zoning
District. While the steps were shown on the approved floor plans submitted in 2001 to
the Building Department, were permitted as such and were installed as applied for, the
steps, due to the policy change of the Building Department and/or Zoning Enforcement
Officer, are now considered an unintentional intrusion into the setback by 1.4' feet. The
ZEO recently issued a letter to the Applicants denying their request for a Certificate of
Occupancy for Building Permit No. 475-01 (mentioned above) and Building Permit No.
11128-07 (accessory shed) due to the unintentional setback intrusion of the granite
steps.
Accordingly, the Applicants are seeking a Special Permit pursuant to section
139-16(C)(2) to validate the minor setback intrusion. The intrusion is much less than
five feet and the rear yard lot line is heavily vegetated as shown on the attached
photographs, Exhibit "E" hereto. In addition, the burden of correcting the intrusion
substantially outweighs any benefit to abutters of eliminating the intrusion as it has
existed for over seven (7) years.
The Applicants respectfully request that the Board grant them the requested
Special Permit.
2
EXHIBIT "A"
ONLY ORIGINALlY STAMPED AND
ENDORSED COPIES OF THIS PLAN
SHALL BE ACKNOWLEDGED BY
THE CERTIFYING LAND SURVEYOR.
ZONING CLASSIFICA.TION: EXISTING: ~ U G - ::3
tollN. AAfk . . . .d'.o"P<Xl.5.F. . .~97:t:S,l;-
tollN. FRONTAGE: . . . . .~.rrr.-. ./'QC'r~W'
FRONT Y.6JlD s.B.: . . . . . :P.~ rr . . ~r:',44/V'
REAR .!c SlOE S.B.: . .~9./'T. .. . . t'. . .
GROUNO COVER (X): . . . . .~.% .... ':'. . .
Hart t Associates klc.
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INOT TO BE RECORDED I
ZONING ]JOARD OF APPEALS
SITE PLAN
OF LAND IN
NANTUCKET, MASS.
SCALE: 1" =.zL}' DATE:~V ~ ,ZOOS
Owner: ./;(IW-:iA4 ~.I(I.Z/~$,!f. .'. . . .
~('(I'(Q:" 1(.. 4?U8t..J.C, . . . . . . . . . .
Deed/Cert.: . ~t$?:'7'...e.. Pion: ~Ali.ov~
Tox Mop: !I..~~-.~II Locus: gl(oA?'7.tYt:?~1Y. %
CHARLES W. HART a:n.d ASSOC., Inc.
Professional Ltmd Surtley01'S
8 WILLIAMS LANE
Nantucket, Massachusetts 02554
(508) 228-8910. H ~/70
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EXHIBIT "B"
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EXHIBIT "C"
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EXHIBIT "D"
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AFFIDAVIT
I, MARK J. CUTONE, hereby depose and say:
1. I am an individual and reside and 35 Chuck Hollow Road, Nantucket,
Massachusetts 02554.
2. I make this affidavit of my own personal knowledge and belief.
3. I am familiar with that certain parcel of land, together with the buildings thereon,
located in Nantucket, Nantucket County, Massachusetts, now known and
numbered as 2 Huntington Street, Nantucket, Massachusetts (the "Property") as I
purchased the Property on May 24, 1996 and owed it until September 24, 2007.
On September 24, 2007, I sold the Property to Michael R. Kizilbash and Nancy
K. Dubuc.
4. The stone landscaping steps, a portion of which are located within the rear yard
setback, as shown on the mortgage plot plan drawn by Charles W. Hart &
Associates, dated May 1, 2008, a copy of which is attached hereto as Exhibit A,
have existed in their current location and configuration since at least 2001.
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Signed under the pains and penalties of perjury on May 3-, 2008
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MARK J. ClfrONE
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss.
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On this 1- day of May 2008, before me, the undersigned notary public, personally
appeared Mark J. Cutone and proved to me through satisfactory evidence of
identification, which were ~e;Y}CnAi tvH~aJ.1L to be the person whose name is
signed on the preceding or attached document, and acknowledged to me that he signed
it voluntarily for its stated purpose.
nr'--
May --3.-, 2008
~. . . MARTIN JEFFREY STETINA
W1ft Notary Public
Wcommonwea~.OI. Massach~setts
My COlTlmlS,Slon Expires
, January 7, 2011
EXHIBIT "E"
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
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Date: September 5 ,2008
To: Parties in Interest and. Others concerned with the Decision of
the BOARD OF APPEALS in the Application of the following:
Application No.:
036-08
Owner/Applicant:
Michael R. Kizilbash and Nancy Dubuc
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.
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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.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
2 FAIRGROUNDS ROAD
NANTUCKET, MA 02554
Assessor's Map: 71.3.2
Parcel: 331
Certificate of Title No.: 22742
2 Huntington Street
Land Court Plan 5004-G, Plan Book 18, Sheet 5
Lots 30,31,32,33, L.c. 5004-W, Lot 483
At a Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS held at 1:00
p.m., Friday, July 11, 2008, in the Garage Area, 2 Fairgrounds Road, Nantucket, Massachusetts
02554 on the Application of Michael R. Kizilbash and Nancy Dubuc, of775 Sixth Avenue, New
York, New York 10001, Board of Appeals File No. 036-08, the Board made the following
decision:
1. Applicants are seeking Special Permit relief pursuant to Nantucket Zoning Bylaw
Sections 139-30A (special permits) and 139-16(C)(2) (unintentional setback intrusion). The
applicants are seeking to validate the pre-existing steps sited 1.4 feet in the rear yard setback. In
the alternative, applicants are seeking variance relief pursuant to Nantucket Zoning Bylaw
Section 139-32 (variances) to validate the location of the steps in the setback.
The site is located at 2 Huntington Street, is shown on Nantucket Tax Assessor's Map
71.3.2 as Parce1331, is shown on Land Court Plan 5004-G, Book 18, Sheet 5, and is recorded at
the Nantucket County Registry of Deeds as Certificate of Title No. 22742.
2. The Decision is based upon the Application and the material submitted with it and the
testimony and evidence presented at the Hearing. The Planning Board made no
recommendation, as the matter was not of planning concern. There were no letters on file in
favor of or in opposition to the Application. No opposition was expressed at the Hearing.
3. The property is located in the Limited Use General- 3 (LUG-3) zoning district. In this
zoning district, the rear yard setback requirement is twenty (20) feet (ten [10] feet for Lots of
Record). The property is a lot of record as there are recorded plans dated 1916 and 1956. There
is a single family dwelling on the property with two (2) granite steps directly adjacent to the
door. The bottom step is presently located 8.8 feet from the rear yard lot line. The step intrudes
approximately 1.4 feet into the rear yard setback.
The applicants purchased the property in 2007. In 1996, the dwelling was issued a
building permit and a Certificate of Occupancy in 1997. In 2001, the predecessor in title was
issued a building permit to construct a 264 square foot addition for a study and additional storage
area. The floor plans that were submitted to the building department, and were subsequently
approved, show the two (2) granite steps on the easterly elevation of the dwelling. At that time, it
was the position and policy of the Nantucket Building Department that stone/granite steps, such
as those on the easterly elevation of the dwelling were, "landscape features" and were not
considered part of the dwelling. Therefore, they were permitted to be located within the setback.
However, it is now the position of the Zoning Enforcement Officer and/or Building
Department that stone/granite steps are considered part of the structure and therefore must
comply with the setback requirements of the LUG-3 Zoning District.
4. Counsel for the Applicant explained the change in policy, which classified stone/granite
steps as part of the structure, came into effect after 200 I. As this intrusion has existed for seven
years, the burden of correcting the minor 1.4 foot intrusion substantially outweighs any benefit to
the abutters of eliminating the intrusion.
5. Therefore, the Board specifically finds that the location of the stone/granite steps on the
Locus are not substantially more detrimental than the existing non-conforming structure to the
neighborhood and; therefore, there are sufficient grounds upon which to base a grant of special
permit.
8. Accordingly, by a UNANIMOUS VOTE, the Board grants the requested SPECIAL
PERMIT under Nantucket Zoning Bylaw Section 139-30(A) (special permits) from the
requirements in Nantucket Zoning Bylaw Section 139-16 (intensity regulations) to validate the
location of the existing granite steps located 1.4 feet in the rear yard setback subject to the
following conditions:
(a) The steps shall remain as shown on the site plan entitled "Zoning Board of
Appeals Site Plan" dated May I, 2008, prepared by Charles W. Hart and
Associates, and attached as "Exhibit A".
SIGNATURE PAGE TO FOLLOW
DATED:
August _, 2008
Nantucket, Massachusetts
#~h4
Mark Poor
~ Carol Cross
_.---~-
~?~
Burr Tuppe
COMMONWEAL TH OF MASSACHUSETTS
StfJI-. cY
Nantucket, SS. A ~ IJ , 2008
&d: ~U~._
On t~ day of~, 2008, before me, the Ulldersigned Notary Public, personally
appeared T ""f'~ , 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 signed it voluntarily for its stated purpose.
~~
Notary Public: V-t9le:;'~~~H~c>~t'
My commission expires: 3/~ 13
ZONING CLASSIFICATION: EXISTING: ~ U G - :3
MIN. AREA: . . . ./~q,.Qt?9.5,F. . .~97:S-;;-
MIN. FRONTAGE: . . . . .-'f?pq.F'T." . ./,QC7,Q9 '"
FRONT YARD S.B.: . . . . . ~.!f;:r . . ~~.;:>.4(IV'
REAR & SIDE S.B.: . j~({r: 9.PT." . . . . ~< . .
GROUND COVER (X): . . . . .~.% .... J: . . .
ONLY ORlGINAlLY STAUPED AND
ENDORSED COPIES OF THIS PlAN
StWl. BE ACKNOWLEDGED BY
THE CERTIFYING lAND SURVEYOR.
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ZONING BOARD OF APPEALS
SITE PLAN
OF LAND IN
NANTUCKET, MASS.
SCAlE: r=2O' DATE:~V 5 ,ZO08
Owner: /-(/~~~f-: R. .KI.ZI~-?~ .. . . .
-k'At(Q:" ;<" PU8t..J.C: . . . . . . . . . .
Deed/Cert.: . ..?5t:'7";i;:.. Pion: ~~ Ai!"O~
Tox Mop: !1..3~-.'3.J./ Locus: 2.'rv.u~;YG1.l7;t s.~
Hort & Associates Inc.
INOT TO BE RECORDED I
CHARLES W. HART a.nd ASSOC., Inc.
Professional Land Surveyors
8 WILLIAMS LANE
Nantucket, Massachusetts 02554
(508) 228-8910 H 7/79
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