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HomeMy WebLinkAbout089-08 Adequate Holdings, LLC NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 FEE: $300.00 CASE NO. D~~ .. Df APPLICATION FOR RELIEF Owner's name(s): Adequate Holdin2s. LLC g Mailing address: c/o Sarah F. Al2er. Attornev. Two South Water Street. Nantucket. M.A 02554 ._._ , I....-..J ,I, Applicant's name(s): Same as above. ~ o Mailing address: Same as above. -'0 Locus address: 35 Eel Point Road. Nantucket. Massachusetts Assessor's Map/Parcel: Map~. Parcel 63 Land Court Plan/Plan Book & Page/Plan File No.:Plan File: 51-0 Lot No.:Lot 5 Date lot acquired: Julv 22. 2004 Deed Ref.lCert. of Title: Book 904. Pa2e 209 Zoning District: LUG-2 :::;l Uses on Lot - Commercial: None..!.. Yes (describe) Residential: Number of dwellings:.1.. Duplex_ Apartments Rental Rooms Building Date(s): All pre-date 7/72? or C ofO(s)? Yes (except open permit for pool) Building Permit Nos: 1157-03: 104-04: 105-04: 413-04 Previous Zoning Board Application Nos.: 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) I certify that the information contained herein is substantially complete and true to the best of my knowledge, under th pains and enalties of perjury. SIGNATURE: (If not owner or Applicant Attorney/Agent X y, please enclose proof of agency to bring this matter before the Board) FOR ZBA OFFICE USE Application received on:-I_/_ By: Complete: Need copies?: Filed with Town Clerk:_/_/_ Planning Board:_/_/_ Building Dept.:_/_/_ By: Fee deposited with Town Treasurer:-I_/_ By: Waiver requested?: Granted:_/_/_ Hearing notice posted with Town Clerk:-I_/_ Mailed:_/-I_ I&M:-I_/_ & -1_/_ Hearing(s) held on:_/_/_ Opened on:_/_/_ Continued to:-I_/_ Withdrawn?:-I_/_ [)ECISION DUE BY:_/_/_ Made:_/-I_ Filed w/Town Clerk:_/_/_ \lailed:-I-I_ JECISION APPEALED?: / / SUPERIOR COURT: LAND COURT Form 4/03/03 ADDENDUM 35 Eel Point Road, Nantucket, Massachusetts Adequate Holdings, LLC The Applicant, Adequate Holdings, LLC, seeks a Variance pursuant to Section 139-32 of the Nantucket Zoning By-Law to validate the existing ground cover of the structures now existing upon the locus of about 3,340 square feet measured to the cornerboards (about 4.2%) and about 3,280 square feet measured to the foundation/framing (about 4.1%), where maximum permitted ground cover in this Limited Use General 2 zoning district is 3,200 square feet (4%). The Applicant purchased the locus on July 22, 2004. At that time, the locus was improved, as it is now, with a main dwelling, cottage, and garage, as well as an uncovered, residential, in-ground swimming pool, which is not included within the definition of ground cover under By-law ~139-2. Except for routine maintenance and repair, the Applicant has made no further improvements to the locus since acquiring it. The locus has the benefit of Certificates of Occupancy Nos. OP-2004-0293, OP-2004-0294, and OP-2004-0295, duly issued for those structures prior to the Applicant's purchase of the locus. In purchasing the locus, the Applicant relied upon the certificates of occupancy and a plot plan drawn by John J. Shugrue, PLS, dated June 28, 2004 (the "Shugrue Plan"), which showed that the structures on the locus were conforming to the 4% ground cover requirement, having total ground cover of about 3,130 square feet or 3.91%. In 2008, in preparation for making additional improvements to the locus, the Applicant had a plot plan prepared by Emack Surveying. This plot plan, dated September 8, 2008 (the "Emack Plan"), shows that the locus has ground cover of about 3,340 square feet measured to the cornerboards or about 4.2% and about 3,280 square feet measured to the foundation/framing or about 4.1% . The discrepancy between the Shugrue Plan and the Emack Plan is that the Shugrue Plan failed to include wi thin ground cover the three overhanging portions of the second floor of the main dwelling that contain enclosed interior space, as required under the definition of "Ground Cover" in By-law ~139-2. When taken together, those three overhangs contain about 211 square feet, and when included within ground cover, cause the locus to exceed maximum permissible ground cover by between about 80 and 140 square feet, depending upon whether the measurement is made to the cornerboards or the foundation. Owing to circumstances relating to the size and shape of the structures upon the locus, which make curing the ground cover nonconformity onerous, but not affecting generally the zoning district in which the locus is situated; glven that the nonconformity is de minimus in nature; and given that the Applicant purchased the locus relying in good faith upon the certificates of occupancy and the Shugrue Plan, which contained inadvertent errors, a literal enforcement of the provisions of the By-law would involve substantial hardship, financial and otherwise, to the Applicant, and the desired relief may be granted without substantial detriment to the public good and wi thout nullifying or substantially derogating from the intent or purpose of the By-law (since the intent of the By-law is not to create a hardship in such cases, and this Board has generally granted similar relief to other applicants in like circumstances) . NO BUILDING NBB'47'IO'E 162.20' - '<.4),9' 'Z\:a1' COTTAGE{} 0 74~ .S~. I3~O~.r. ~~I... /98 tv .:ie. '10'//,,, <;8'w PD1tvr RO~J.D THE STRUCTURES ARE lOCATED AS SHO~N ASSESSORS MAP 32 :L t- o: o z LOT :; BO,007 s.r. ZONING. lUG-2 MINIMUM lOT SIZE,80,000 S.F. MINIMUM FRONTAGE,150 FT FRONT YARD SETBACK,35 FT REAR &. SIDE SETBACK: 15 FT GROUND COVER RATIO: 41. PLOT PLAN OF lAND IN NANTUCKET, MA SCALE: 1'= 60' DATE: JUNE 28, 2004 JOHN J. SHUGRUE, INC. 57 OLD SOUTH ROAD NANTUCKET, MA 02554 FOR: ~IlLIAM HADDON PARCEL NO. 63 #7014ABS DHCB FND _~ . L~ 190.90'" R><</,.>.>. '00 ~ (;\"\BoRO\l(;\"\ '!'", ~2_6'5 tltllS. \..()\l '. <J'. v:,lS.f/$i" /\ JOl"Itl \) !t tlff CURRENT ZONING: LUG-2 MINIMUM LOT SIZE: 80,000 SF MINIMUM FRONTAGE: 150 FT FRONTYARD SETBACK: 35 FT SIDE AND REAR SETBACK: 15 FT ALLOWABLE G.C.R.: 4% EXISTING G.C.R.: 4.2% to cornerboards 4.1% est. to foundation/froming GROUND COVER CALCULA liONS: , ST FLOOR MAIN HOUSE: 2048 SF TO comerboords 2020 SF estimated to foundation 2nd STY UVlNG A: 165 Sf to comerboards 165 SF estimated to framing 2nd STY UVlNG B: 33 SF to cornerboards 32 SF estimated to framing 2nd STY UVlNG C: 13 SF to comerboards 13 SF estimated to framing GARAGE: 332 SF to cornerbaards 320 SF estimated to foundation CABANA: 749 SF to comerboords 730 SF estimated to foundation TOTAL EXISTING GROUND COVER: 3340 SF to cornerboards 3280 SF est. to foundation/framing * ALL GROUND COVER FIGURES ARE:!: * NOTE: STRUCTURES DO NOT CONFORM TO CURRENT ZONING REOUIREMENTS WITH RESPECT TO ALLOWABLE GROUND COVER RAllO. !. .... <P ~ 7 9:<0' M~ ~~ (<\ 'F- ~ ~ ~ AS-BUILT PLOT PLAN IN NANTUCKE~ MASSACHUSETTS SCALE: 1"=40' DATE:SEPT 08, 2008 DEED REFERENCE: DBK 904, PG 209 PLAN REFERENCE: PLFL 51-Q ASSESSOR'S REFERENCE: MAP: 32 PARCEL: 63 PREPARED FOR: ADEQUATE HOLDINGS, BAACK SURVEYING 2 WASHAMAN AVENUE NANTUCKET, MA. 02554 (508) 325-0940 N.B. 19/39 eeL Po IN1' l(04JJ LLC FOR PROPERTY UNE DETERMINAllON THIS PLOT PLAN REUES ON CURRENT DEEDS ANO PLANS OF RECORD. VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON. THIS PLAN IS NOT REPRESENTED TO BE A llTLE EXAMINAllON OR A RECOROABLE SURVEY. J-984 Town of Nantucket Web GIS - Printable Map Page 1 of 1 " o~:' ~' . ~ .. .;5 ,.f . '. '~-o / Prop ID Address Owner Sale Date Sale Price Book/Page Lot Size Town of Nantucket Web GIS .398 3: \0' / \ \ \\ \ 3953 3263 35 EEL POINT RD ADEQUATE HOLDINGS LLC 48 WEST MORELAND ST ST LOUIS, MO 63108 07/22/2004 $4,530,000 00904/0209 1.84 acres NOT A LEGAL DOCUMENT <::::) -~ l' '\ 32 _~_------------..--- . ------ '. \\- \~\ /// \'..~ 3261 \"'~ \ ,// \i~\ / .:. \1\ // \.., \\'\.\ / -- ";0. \,,, " ,k-"""""'-- .%~ \' \. I --j .iV.' \, \ _--~ I '.': . \\ --------- / 3223','. '" ". 'r-- / "'~;\\"\ / ii, " \ I \ \ \ ~. I \\\'1\" ". \\ \. ...., 2 62 :::--~ ~:~~::::;::;"" ~,<:---~ ~\\ ';'>~ ~~~':::;;,:~'~:>~" . . \"" ..../ '32~~9 Ft... e?, ----------.. "'. -.... I, r.....__ -''-~'" t..~ ---_.......... '.'... i. i \ ......""-- ""-'"'''' t,~j:j~~_:>.' .: . , ............v '-}..... \ \ \. ~-"""-..~"'-'< ":'.' \\/, '\ \ --..~~---- .- \ \" \. -......----.::.- ~~. ~~ . \" \.\\ ~--..- ',. ........ \.'.'\'.. -......._----::=........~ J'\ \ -~........-::. /\/' \ \ /<// \\\\'"jJ..~\\ *"""-"'-"""<".>Y"~ .c-~~-" " U." .. .:: /~~ \ ',41, \ / 84ft \~\\ \ \ \ \ For general reference only: Important caveats which must be considered when using this data are available from the Nantucket GIS Coordinator. [):~<:19im<;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 ,he SUitability for individual needs. All information is from the Towll of Nantucket Geographic Information System (GIS) database. QS'--,", " "~'\-0-u-----((5~ ~. ~~'-._, ~-----.--._.,.,,--- Town of Nantucket, Mass Map Composed 8/27/2008 Copyright 2005 Town of Nantucket, MA. All rights reserved. Developed by AppGeo http://host.appgeo ,com/nantucketmalPrintab leMap. aspx?Preserve= Width&Map Width=8 64... 08/27/08 If 5 I 00 RECEIVED BOARD OF ASSESSORS AUG 2 7 Z008 TOWN OF NANTUCKET TOWN OF NANTUCKET, MA ZONING BOARD OF APPEALS LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF PROPERTY OWNER: Adequate Holdings LLC MAILING ADDRESS: 48 WestMoreland Street. St. Louis. MO 63108 PROPERTY LOCATION: 35 Eel Point Road ASSESSORS MAPIPARCEL: Map 32. Parcel 63 SUBMITTED BY: Sarah F, Alger. P.C. 508-228-1118 SEE ATTACHED PAGES I certify the foregoing is a list of persons who are owners of abutting the property, owners of land directly opposite on any public or private street or way; and abutters of the abutters and all other land owners within 300 feet of the property line of owner's property, all as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139. Section 139-29D (2) ~)~ aOfJt SESSOR'S OFFICE TOWN OF NANTUCKET t!l Z ~~ 00 H , ..:IE-< ril 00:': P:U rilP ~~ III r( '" ~ '" .... o M r-- IZl rot ~ M ~ n ~ ~ M ~ '" '" '" H H H .... Z Z Z .. 0 0 0 Ii1 H H H '" '" '" ri ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ H H H H H H H ~ ~ ~ ~ ~ ~ ~ ~ H ~ 0 H H H H H H Ii1 PI f:4 rz::I Ii1 Ii1 fa:1 Ii1 IZ1 Ii1 rzl Ii1 M rzl r&l <l! 01 <tl '" rot ..,. 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Johnston 2224 North Dayton Ave. Chicago, IL 60614 John D. & Kerryanne Loughborough 15 W oodchester Road Wellesley, MA 02481 Adam Glick Denise Scruton 155 East 72nd Street, #13-B New York, NY 10021 William V. Haddon, Trustee, et al P.O. Box 247 Nantucket, MA 02554 @091.5 @1\HaAY \!l\ - - www.avery.com 1-80o-GO-AVERY Town of Nantucket Park & Recreation 2 Bathing Beach Road Nantucket, MA 02554 Linda D. Neff 5 West 86th Street New York, NY 10024 Bart A. & Leslie K. Grenier, Trs. 24 Commonwealth Ave., #3 Boston, MA 02116 Thomas H. & CynthiaJ. Bonafair 6312 Dorado Beach NE Albuquerque, Nantucket, Massachusetts 87111 Dain T. & Hillary J. Fritz 14 Moss Ledge Road Westport, CT 06880 AH3^"-09-008-1. WO)',uaAe'MMM - - ~ AVERY@ 5160@ Maria L. Zodda 3 Dionis Beach Road Nantucket, MA 02554 Gregory & Catherine Crockett 130 Rocky Hill Road Essex, MA 01929 Town of Nantucket 16 Broad Street Nantucket, MA 02554 Marshall Cohen Ellen J. Brooks 5 Country Club Drive Larchmont, NY 10538 Paul M. & Allison G. Russo 133 West 17th Street, Apt. PHB New York, NY 110011 @091.5 ~!Jeqe6 al Za5!1lln ap!deJ a6elp~s ~ ~a a6eJJnoqp.ue uO!ssaJdWI d '0 " .., TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 --::J Date: February 11 ,2009 To: Parties in Interest and,Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No, : 089-08 Owner/Applicant: Adequate Holdings, LLC 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 wi thin such TWENTY (2,0) days. { - ' r.! {' - , , \ ()r.. . ')t ) \ , ' ' '( /. . U. '. ,,J) ) 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 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 32, Parcel 63 Book 904, Page 209 Limited Use General - 2 Lot 5 Plan File 51-Q 35 Eel Point Road DECISION: 1, At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, January 15, 2009, at 1:00 P,M" in the Conference Room at Two Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of Adequate Holdings, LLC, c/o Sarah F, Alger, P,C" Two South Water Street, Nantucket, Massachusetts 02554, File No, 089-08: 2. The Applicant requests Variance relief pursuant to Nantucket Zoning Bylaw (the "By-law") ~139-32 (Variances) from the intensity regulations of Bylaw ~139-16 (intensity regulations) to validate the existing ground coverage of about 4,2% in a zoning district where the maximum permitted ground coverage is 4%, The site is located at 35 Eel Point Road, is shown on Nantucket Tax Assessor's Map 32 as Parcel 63, is shown on Plan File 51-Q as Lot 5, and is owned by the Applicant by deed recorded with Nantucket Deeds in Book 904, Page 209 (the "Locus"), The Locus is zoned Limited Use General - 2, 3, Our decision is based upon the application and accompanying materials, and representations and testimony recei ved at our public hearing, The application was not of planning concern, and the Planning Board made no recommendation, There was no opposition in the form of testimony or letters presented at the public hearing, 4, The Applicant seeks a Variance pursuant to By-law ~139- 32 to validate the existing ground cover of the structures now existing upon the Locus of about 3,340 square feet measured to the cornerboards (about 4,2%) and about 3,280 square feet measured to the foundation/framing (about 4,1%), where maximum permitted ground cover in this Limited Use General 2 zoning district is 3,200 square feet (4%), 5, The Applicant purchased the Locus on July 22, 2004, At that time, the Locus was improved, as it is now, with a main dwelling, cottage, and garage, as well as an uncovered, residential, in-ground swimming pool, (The pool is not included within the definition of ground cover under By-law ~139-2,) Except for routine maintenance and repair, the Applicant has made no further improvements to the Locus since acquiring it, The Locus has the benefit of Certificates of Occupancy Nos. OP-2004- 0293, OP-2004-0294, and OP-2004-0295, duly issued for those structures prior to the Applicant's purchase of the Locus, 6, In purchasing the Locus, the Applicant relied in good faith upon the certificates of occupancy and a plot plan prepared for the prior owner, drawn by John J, Shugrue, PLS, dated June 28, 2004 (the "Shugrue Plan"), which showed that the structures on the Locus were conforming to the 4% ground cover requirement, having total ground cover of about 3,130 square feet or 3,91%, 7, In 2008, in preparation for making additional improvements to the Locus, the Applicant had a plot plan prepared by Emack Surveying, This plot plan, dated September 8, 2008 (the "Emack Plan"), a reduced copy of which is attached hereto as Exhibit A, shows that the Locus has ground cover of about 3,340 square feet measured to the cornerboards or about 4,2% and about 3,280 square feet measured to the foundation/framing or about 4,1%, 8, The discrepancy between the Shugrue Plan and the Emack Plan is that the Shugrue Plan failed to include wi thin ground cover the three overhanging portions of the second floor of the main dwelling that contain enclosed interior space, as required under the definition of "Ground Cover" in By-law ~139-2, As shown on the Emack Plan, when taken together, those three overhangs contain about 211 square feet, and when included within ground cover, cause the Locus to exceed maximum permissible ground cover by between about 80 and 140 square feet, depending upon whether the measurement is made to the cornerboards or the foundation, 9, The Applicant plans to improve the Locus by constructing a mudroom and laundry room under the overhanging second story living area identified as "2nd sty living 'A'" on the Emack Plan ("Area A"), This construction will fill in the area under Area A and will not result in any additional ground cover, 10, Upon the particular facts in this case, the Board finds that owing to circumstances relating to the size and shape of the structures upon the Locus, which make curing the ground cover nonconformi ty onerous, but not affecting generally the zoning district in which the Locus is situated; given that the nonconformity is de minimus in nature; and given that the Applicant purchased the Locus relying in good faith upon the certificates of occupancy and the Shugrue Plan, which contained inadvertent errors, a literal enforcement of the provisions of the By-law would involve substantial hardship, financial and otherwise, to the Applicant, and the desired 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 (since the intent of the By-law is not to create a hardship in such cases, and this Board has generally granted similar relief to other applicants in like circumstances) , 11. Accordingly, by unanimous vote, the Board grants relief by VARIANCE pursuant to By-law ~139-32 from the requirements of By-law ~139-16,A as to ground cover ratio to validate the Locus as currently improved, as shown on the Emack Plan, and to allow the construction of improvements under Area A; provided, however, that the ground cover ratio of the Locus shall not exceed the ground cover ratio of the Locus as shown on the Emack Plan, and further provided that the Applicant shall not have the right to construct an accessory detached shed as provided in the definition of ground cover under By-law ~139-2. SIGNATURE PAGE TO FOLLOW Dated: ~b~ lD , 2009 / Burr ~npper~ '/..~ ~ Matk poorr . if y H~ /, _.-4 /""1' /~~-' ~~'- ~rim/ KtJs~/atac COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. cl J 10, 2009 / On this L day of ,~r/.ltf. 009, before me, the undersigned Notary Public, personally appeared J./dA. A '1~ , 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. Ifu~~ Notary Public: ~n~5>c<- j:::'. C;:j/e' My commission expires: ;fA~r~ij c?.;;J, ~?'/3. EXHIBIT A CURRENT ~ WG-2 MINIMUM LDT SI2E: lIO,ooo SF MlHIiMI FRONTAGE: 150 " FRONTYNlD SET8AQ(: 3S " SlOE NfIJ IIEM SETBACK: 1!1 FT AU.0WA8l.E G.c.R.: 4S ElCISlIMG G.c.R.: 4-.2lIl to c:orMrbocrd. 4-.1. .... to fllun4IItlon/rr.nt1g GIlllUIID _ CIll.CMA_ 1ST 1'\._ ... IllIUE! _W1II_. "W___ ... srr u.G ,. ..--- 1.'-_"_111, ... srr uw. II .>>W"_ 32 .- __ _ ....... ... srr uw. Co 13 .- _ .._. 13 .. __ .. ...... -- J32 . .. __~... :noW___ CMMA: 1.... _ _ ~... 711O"___ TOTAL DCIS11HG GROUND COVER: 3340 SF to c:omlr1lOllrdl 3280 SF .... to foundation/tram..", * AU. GIlllUIID aMIl _ MIE.:!: · __10__ lU~~~ _ lIf3I'El:T lU IILl-.E GIlllUIID _1IA1lCI. ~ \ .,. ,\\ ~ \ l AS-IlUILT PLOT PlAN IN NANlUCKET, MASSlIOiUSETTS SCALE: 1"-40' DAlE:SEPT Oll, 200B DEED fU!:ROIC%: D8K 1104-. PG 208 PlAN REFERENCE: PlfL !l1-0 ASSESSCR'S REFERENCE: MAP:.12 PARCEl.: 63 PR!PAftED FOR: ADEQUATE HOLDINGS, lLC D!AO< SlJR't'E'I1HG 2 WASHAUAN AVENUE NANlUCKET, MA. ~ (50S) ~01140 N.8. 11/38 ~ PolJior ~AD Fa! _n ~ __ ... PUll PUll _llIl~lDIIDI_~OF-' __ IY F1ILD __lIS _-. lHIS PUll IS "01 _ISI 1lI IE A 1IlU: ~- (It A ~~. .J-lNK