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Home My WebLink About110-07 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: fibruA./j If ,2008 To: Parties in Interest and. Others concerned with the Dec~on ~ the BOARD OF APPEALS in the Application of the fOllQl(.ing: __,., c' ~ ~ CD Application No.: 110-07 Owner/Applicant: ::,~:: - - ,.......- Sweetwater Realty Trust, Teresa p'erry, TlQ.tstee 1.....J o co 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. cc: Town Clerk Planning Board Building Commissioner/Zoning Enforcement Officer lfZ1 C4 <<4 t1/;fJtj ~ (~J Michael J. O'Mara, Chainman 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 Assessor's Map 21, Parcel 114 Residen tial- 2 67 Quidnet Road Certificate of Title 21990 1. At a public hearing ofthe Nantucket Zoning Board of Appeals on Friday, January 11, 2008, at 1:00 P.M., at 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the Application in Zoning Board of Appeals File No. 110-07 of SWEETWATER REALTY TRUST, TERESA PERRY, TRUSTEE of 67 Quidnet Road, Nantucket, MA 02554. 2. The Applicant is seeking a modification of a Special Permit to validate the ridge height of the structure. The height of the Applicant's structure exceeds the twenty- five (25) foot mean grade required in the decision in Zoning Board of Appeals File No. 039-06 by 4.5 inches. The site is located at 67 Quidnet Road, is shown on Tax Assessor's Map 21, as parcel 114, and is shown on Land Court plan 8606-G and 8606-N. 3. Our Decision is based upon the Application and accompanying materials, representations and testimony received at our public hearing. The Planning Board made no recommendation finding that the Application did not present any issues of planning concern. No abutter comment was received either in favor of or against the application. 4. Applicant represented that previous relief was granted in Zoning Board of Appeals File 039-06 to alter and extend an existing single-family dwelling. Upon completion of the renovations, the Applicant sought a Certificate of Occupancy. However, this request was denied by the Zoning Enforcement Officer ("ZED") because the Decision from Zoning Board of Appeals File 039-06 stated that the ridge height of the structure would not exceed twenty-five (25) feet above mean grade and when a height survey was submitted to the ZED, the actual height of the structure measured 25.38 feet above mean grade. Applicant asserts that there was a drafting error made by the designer. A height survey was not undertaken by the designer prior to the approval given by the HDC to verify the actual height of the ridge of the dwelling before committing to the maximum height of twenty-five (25) feet as so conditioned in the Decision in Zoning Board of Appeals File 039-06. 5. The Board questioned what would have to be done to bring the roof into compliance with the decision. The Applicant responded that removing the roof would be the only solution. The Applicant further pointed out that the difference between the actual height and the height required in the decision is about 4.5 inches. Additionally, the Applicant noted that there was no additional living space created by the increased roof height. Therefore, the Board found that leaving the height of the structure at 25.38 feet above mean grade would not be substantially more detrimental than the existing nonconforming use to the neighborhood. 6. Accordingly, by a UNANIMOUS vote (5-0), the Board of Appeals decided to GRANT the requested relief to MODIFY the SPECIAL PERMIT pursuant to Nantucket Zoning Bylaw Section 139-33A and 139-16(C)(1) to allow the height of the room to remain at 25.38 feet above mean grade. ~ "~ Dated: ~ .b. II) -', ,2008 Nantucket, ss. '"lit On this ~ da 8, before me, the undersigned Notary Public, personally appeared , who is personally known to me, and who is the person whose me is signed on the preceding or attached document, and who acknowledged to me that he/she signed it voluntarily for its stated purpose. COMMONWEALTH OF MASSACHUSETTS February JL, 2008 ~~$a?U Notary Public: Y~"tlJ~1t, MIJf)~ My commission expires: '~II~ 2 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA02554 PUBLIC NOTICE ~ :JJ ---! 0 ...... n .. c::::J --<....: ." - -.- c:J ,1 N I , ,.-"-", ~ 1'- .~". i 'j ;g '.... - r1 0 , i..:J <:) - A PUBLIC HEARING of the NANTUCKET ZONING BOARD OF APPEALS is scheduled for 1:00 PM January 11, 2008 in the Conference Room at 2 Fairgrounds Road, Nantucket, MA, 02554. The application materials may be reviewed at the Zoning Board of Appeals office at 2 Fairgrounds Road, Nantucket, MA 02554 between the hours of 8:30 AM. and 4:30 P.M., Monday through Friday. Written comments for the January 11, 2008 meeting must be received by 4:30 PM on Wednesday, January 2, 2008 and may be addressed to the Nantucket Zoning Board of Appeals at the above address, faxed to (508) 228-7298, ore-mailed to jbreschenmnantucket- ma.gov SWEE1WATERREALTYlRUST, TERESA PERRY, lRUSTEE, FILE NO. 110-07 The applicant is seeking a modification of a special permit to validate the ridge height of the structure. The height of the applicant's structure exceeds the twenty-five (25) foot mean grade requirement by 4.5 inches. The site is located at 67 Quidnet Road, is shown on Tax Assesso~s Map 21, as parcel 114, and is shown on Land Court plan 8606-G and 8606-N. 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $300.00 File No. \ld" Ol Owner's name(s): Sweetwater Realty Trust. Teresa Perry Trustee Mailing address: PO Box 4400. Vail. CO 81658 Phone Number: 970-376-4744 E-Mail: mrsperry@aoI.com Applicant's name(s): (same) Mailing Address: (same) Phone Number: (same) E-Mail: (same) Locus Address: 67 Quidnet Road Assessor's Map/Parcel: 21/114 Land Court Plan/Plan Book & Page/Plan File No.: 8606-G & 8606-N Deed Reference/Certificate of Title: 21990 Zoning District R-2 Uses on Lot- Commercial: None_ Yes (describe) Residential: Number of dwellings 1 Duplex Apartments Date of Structure(s): all pre-date 7/72 X or Building Permit Numbers: current open permit for work described herein #902-06 Previous Zoning Board Application Numbers: 039-06 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: (see attached addendum) 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* SIGNATURE: 1-0; T,4(c ~.4;tj, APPlicant/Attom~~V *If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency. OFFICE USE ONLY Application received on:_1 -I _ By:_ Complete:_ Need Copies:_ Filed with Town Clerk:.J .J _ Planning Board:_1 _I_Building Dept.:.J .J _ By:_ Fee deposited with Town Treasurer:.J .J _ By:_ Waiver requested:_ Granted:_1 -I _ Hearing notice posted with Town Clerk:_1 _I _ Mailed:-I _/ _ I&M_I _1_&-1-1_ Hearing(s) held on:_1 _I _ Opened on :_1-1_ Continued to:_1 _1_ Withdrawn:_1 _I_Decision Due By:_1 _I _ Made:_1 _I _ Filed w ITown Clerk:_1 _I _ Mailed:_1 _I _ 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile ADDENDUM Applicant is seeking a MODIFICATION of the Special Permit relief granted in the Decision in BOA File No. 039-06 pursuant to Nantucket Zoning By-law Sections 139- 33A and 139-16C(1). Reliefwas granted to alter and extend an existing single-family dwelling that was nonconforming as to the easterly 30-foot front yard and ten-foot northerly and westerly side and rear yard setback requirements. (See attached Exhibit A.) Applicant proceeded to expand the structure pursuant to Building Permit # 902-06. Applicant received the Historic District COmmission ("HDC") sign-off indicating compliance with the Certificate of Appropriateness # 48337. (See attached Exhibit B.) However, when the Applicant sought a Certificate of Occupancy, the Zoning Enforcement Officer ("ZEO") denied the request. (See attached Exhibit C.) The Decision included a provision in paragraph 5, subsection 5, that stated that the ridge height of the structure would not exceed 25 feet above mean grade. A height survey submitted to the ZED dated October 19,2007 indicated that the actual height was 25.38 feet above mean grade. (See attached Exhibit D.) Applicant is therefore seeking said Modification of the Decision in order to have the Decision reflect the actual height of25.38 feet above mean grade. Applicant states that the additional about 4.5 inches in height spread out over the north to south elevation of the house does not have a detrimental impact upon the neighborhood and notes that many of the nearby properties contain structures that have a height in excess of 25 feet. Applicant states that there was a drafting error made by the designer. The approved plans submitted to the HDC showed a level grade when in fact there was an about six-foot grade change from north to south affecting the lot. A height survey was not undertaken by the designer prior to the approval given by the HDC to verify the actual height of the ridge of the dwelling before committing to the maximum height of 25 feet as so conditioned in the Decision. The structure is otherwise compliant with the Building Permit submission. In addition, the height of the foundation was not increased as the existing foundation of the northerly portion of the structure remained as previously constructed and the area under the southerly portion of the structure was dug out with the structure stabilized in place above and a new foundation constructed under it to meet with the remaining portion of the foundation. ..I.. V "'1".1..1. '\J..L J.. '1_.........__.&'L_... .... -- _.........., -- -...."'......~---- -.~-r - -u Town of Nantucket Web GIS ,~'S.ii~'"" """ -':":)" ---- \ \ \ \ . Prop ID Address Sale Date Sale Price Book/Page Lot Size 21 114 67 QUIDNET RD 10/25/2005 $2,700,000 C0021990 0.12 acres NOT A LEGAL DOCUfvjENT For general reference only: Important caveats which must be considered when using this data are avaHable from the Nantucket GIS Coordinator. .Q.i$~:;:Jq!rn~x The inforrnation displayed on this or any oth'er map produced by The Town of Nantucket is for reference purposes oniy, The fown of Nantucket does not <;Luarante'l the ac:curaLY of the data. Users are respo!lsibie for deterrnining the suitabHity for individual needs. AU fnfofrnat~on is frOrT! the T Q\~!n of Nantucket ,'-~:-- .-..-. "'_.r'.;~;,- -; .-..f:.__ ...,....~ ~~; ;':,..' <:'. i:_ ;..._..~..... ; ,- ,(- \ ,-;..., i--.....:... _____r_" '" ~"'-... ----....... -... Town of Nantucket, Mass http://host.appgeo.comlnantucketmaIPrintableMap.aspx?Preserve=Width&Map Width=172... 12/5/2007 Map Composed