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HomeMy WebLinkAbout051-09 Ayd, G. Robert & Susan~ aa~,fSTI CYc~,"~t .~ ; _ ~~ ~~ - TOWN OF NANTUCKET BOARD O F APPEALS NANTUCKET, MA 02554 APPLICATION a ~~-01 Fee: $300.00 File No. Owner's name(s): G Robert Ayd and Susan Ayd Mailing address: c/o Reade Gullicksen Hanley and Gifford~LLP, 6 Youngs Way, Post Office Box 2669 Nantucket Mass. 02584 Phone Number: 508-228-3128 E-Mail: SLC(a readelaw.com Applicant's name(s): same Mailing Address, Phone Number:, E-Mail: Same Locus Address: 1 Mattapoisett Avenue Assessor's Map/Parcel: 82/368 Deed: Book 328 Pages 342343, 344 Plan.: Lots 74 and 75 of Plan of Truman Towne, Proprietor's Book 1 and 95. Zoning District: L~~ -- Uses on Lot- Commercial: No Residential: Dwellings: 1 Duplex no Apartments no Date of Structure(s): all pre-date 7/72 no or Building Permit Numbers: 6863-89 (3 bedroom hous~ and 694-99 (shed) Previous Zoning Board Application Numbers: None 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: The lot is apre-existing nonconforming undersized lot of record of approximately 8,159 +/- SF in the LUG-2 zoning district where 80,000 SF of lot area is required. It contains a shed, approximately 85 +/- feet (which does not count against ground cover pursuant to Nantucket Zoning By-law 139-2), and atwo-story dwelling of approximately 1,080 +/- SF of ground cover in a lot that is allowed 1,500 SF of ground cover by Nantucket Zoning By-law 139-33E.2.b. The structure has existing deck stairs that are as close as 9.1.0 +/- feet from the south/side lot line and as close as 34.9 +/- feet from the east/front lot line are their closest points, where the side setback is 10 feet by Nantucket Zoning By-law 139-33.E.3.a and the front setback is 35 feet. The locus and structures thereon are conforming to dimensional requirements in all other respects. Applicant proposed to expand the strucure with atwo-story addition of approximately 180 +/- SF on each floor. Anew set of stairs and a section of the addition approximately 18.6 +/- in length is proposed to be as close as 7.9 +/- feet from the northern side lot line at its closest point, where the setback is 10 feet; said portion encompassing approximately 37.0 +/- SF on each floor. Applicant requests relief by Variance under Nantucket Zoning Bylaw Section 139-32, to the extent needed, to resolve existing and to create new nonconformities on the basis of topography, that literal enforcement of the Nantucket Zoning Bylaw will cause the Applicant a substantial hardship, and that the desired relief poses no substantial detriment to the public good and does not nullify or substantially derogate the intent and purpose of the Bylaw. Applicant notes that the abutting vacant lot to the north of approximately 4,100 +/- SF is an "Owners Unknown" lot that the Ayd's have had fenced in for over 20 years. 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: G. Robert Ayd and Susan Ayd, B~ SIGNATURE: '~ Steven L. Cohen, their attorney OFFICE USE ONLY Application received on:_/_/_ By: Complete: Need Copies: Filed with Town Clerk:-/_/_ Planning Board:-/_/_ Building Dept.:_/_/_ By:_ 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:-/_/_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsunile ~8;08~20u9 10: 1d FA3 502285630 REAUE GULLIChSE x'001 . 9~~~ ~0~,~~I`~ O~ ~°fa~.~~s gt~ 7E~ Q ~ ZOOM ~rf~`~~Aa ~~ S~1.A~+.~`'.~C~~ stfit``r ~ ~ on Town ofNantucket Lonin~ Board oFA~~~eals LIST OF °ARTIES N TNTBIZEST It`7 TIDE MATTER OF THE PETITION OF. PROPERTY' OWNER...... ~ .?.`~`~''.~...~.. ~. tS6c,s~!?.,..~~.~`.~ ........... c/o Reade, GLrllicksen, Hanley & Gifford, LLP MAX1.lNGADDRESS..6„YOUng's,.waX~..Nantucket, _MA. 0254, ., PROPERTY LC~CATION...........!r. '.~9-,d ut~LL .............~-~........ . .~SSESSORMAP/PARCEL-- - ..-..~~..... 1C.3~'~~ ................. . .. ......... SL,BMITTI/D BY.. Reade, Gul licksen, Hanley & Gifford SEB ATTACHbD PAGES I certify that tliC foregoing is a list of all persons who are owners of abutting property, owners of land directly opposite on any ptibiie er private street or way; and abutters of the abutters and all other land owners within 3G~J feet of the property line of owner's propert~~, as they appear on the mast recent applicable tax list {M.G-E- c. 40A., Se;.tion I I and Zoning Code Chapter 40A, Section i 3y-29B (21. 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U Q w~ IF-1 K a 1-1 x 1n x F 'XH y Q 'r~ z z o~ w a °a a~~ a r °a ~ u a~ o~~~ a a a a s µ7 ~~ a~ w w a w N~ 3 a h~~~~ z EC1. W W cW x wWq !vztl ~ F W ~~..77 iC P7 +~11 W 7. t~ °> ~ ~ ~ m ~ a a ~ ~ ~ awl 3 u £ .x-1 ~ w x U ~ u C D L m N O n M 111 b O T b H fit H b O N O 1'1 ~ ~ N O rl N M 111 l11 ~ ~ O a N W OJ tb ri H r-1 H r1 N1 N) M t+l t+1 M Nt C C a b N N N N N N N N N N N N N N N N N N N N N ti m w a N O O N m Robert P & Frances Volpe, Trs Judith & Edmund Greene Trs Nantucket Conservation Found I Volpc Family Limited Ptrship 35 River Road Drive PO Box 13 15D Old Stamford Road Essex, CT 06426 Nantucket, MA 02554 New Canaan, CT 06840 Edwin A. Schreiner, Trst 22701 Sandy Bay Dr #102 Estero, FL 33928 Susan A. Lynch 122 Gray Street Warwick, RI 02889 Walter W. & Mary V. Macauley 3 Marion Ave Nantucket, MA 02554 Linda C. Wisnewski 227 Temple Street Newton, MA 02465 Joseph J. Lhota & Tamra Roberts 35 Pierrepont St. Brooklyn Heights, NY Lanson J. Hyde, II Trst LJH Realty Trust 929 Travelers Crt Nashville, TN 37220 Robert B. & Linda K. Berger 16 Coppervail Ct Princeton, NJ 08540 Frank E. & Amy C. Linde 280 Douglass Rd Chapaqua, NY 10514 Mary C. Burke, Trustee Grey Lady Trust 16 Meadow Court Fairfield, CT 06430 William D. Evans c/o MRXX Corp PO Box 189 Hampton, NH 03842 Robert S. Thomas c/o Barry F. & Kelly A. Regal, etal Heirs of Samuel T. Brett 355 Pine Tree Drive Brockton, MA 02303 Atlanta, GA 30305 John G. Ketterer, III & Estelle Ketterer 15 Osprey Lane Rumson, NJ 07760 Matthew E. & Jennifer McManus 8721 Montgomery Ave. 11201 WYndmoor, PA 19038 David & Janet Carreau Trst DJC Realty Trust 234 Warren Ave Plymouth, MA 02360 Martin & Susan Wayne 440 Harris Rd Bedford Hills, NY 10507 1 Mattapoisett Avenue 82-368 Set ~ of Two Page One of One James Meehan S Miacomet Av Nantucket, MA 02554 Richard M. Balsbaugh c/o Pyramid Radio Inc. 500 Harrison Av Ste 5 Boston, MA 02118-2439 Marilyn Green 5 Watkins Lane Southboro, MA 01772 Steven L. Cohen Reade, Gullicksen, Hanley & Gifford, LLP PO Box 2669 Nantucket, MA 02584 Robert P & Frances Volpe, Trs Judith & Edmund Greene Trs Nantucket Conservation Found I Volpe Family Limited Ptrship 35 River Road Drive PO Box 13 15D Old Stamford Road Essex, CT 06426 Nantucket, MA 02554 New Canaan, CT 06840 Edwin A. Schreiner, Trst 22701 Sandy Bay Dr #102 Estero, FL 33928 Robert B. & Linda K. Berger 16 Coppervail Ct Princeton, NJ 08540 Mary C. Burke, Trustee Grey Lady Trust 16 Meadow Court Fairfield, CT 06430 Susan A. Lynch 122 Gray Street Warwick, RI 02889 Frank E. & Amy C. Linde 280 Douglass Rd Chapaqua, NY 10514 William D. Evans c/o MRXX Corp PO Box 189 Hampton, NH 03842 Walter W. & Mary V. Macauley Robert S. Thomas 3 Marion Ave c/o Barry F. & Kelly A. Regal, etal Heirs of Samuel T. Brett Nantucket, MA 02554 355 Pine Tree Drive Brockton, MA 02303 Atlanta, GA 30305 Linda C. Wisnewski 227 Temple Street Newton, MA 02465 John G. Ketterer, III & Estelle Ketterer 15 Osprey Lane Rumson, NJ 07760 James Meehan S Miacomet Av Nantucket, MA 02554 Joseph J. Lhota & Tamra Roberts 35 Pierrepont St. Brooklyn Heights, NY 11201 Lanson J. Hyde, II Trst LJH Realty Trust 929 Travelers Crt Nashville, TN 37220 Matthew E. & Jennifer McManus 8721 Montgomery Ave. Wyndmoor, PA 19038 David & Janet Carreau Trst DJC Realty Trust 234 Warren Ave Plymouth, MA 02360 Richard M. Balsbaugh c/o Pyramid Radio Inc. 500 Harrison Av Ste 5 Boston, MA 02118-2439 Marilyn Green 5 Watkins Lane Southboro, MA 01772 Martin & Susan Wayne 1 Mattapoisett Avenue Steven L. Cohen 440 Harris Rd 82-368 Reade, Gullicksen, Hanley & Giffo~~d, LLP Set o2 of Two PO Box 2669 Bedford Hills, NY 10507 page One of One Nantucket, MA 02584 z O z d w ~- N z O z ~_ ~_ X ul a _o oQ O O LL N .(~(~/ W VV ~K- R' ~ ~ z _~ A ~_ 111 m 3 'L'Lnni ~ ~ V/ m O~ O ~ ~ O - ~ n O ~ ~ 0 ao= W N ~ Z W ~ Q Q O ~a ~ 3 96BLIt'Jlfi 94BLH6T O 943LHM~ 1 V LL O O ~ O ~w =a u~ tt~ oW d~ Qz 0 a~ I` ~o~ 4 p ~O. ~ ~i FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN RELIES ON CURRENT DEEDS AND PLANS OF RECORD, VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON THIS PLAN IS NOT REPRESENTED TO BE A T1TLE ~ EXAMINATION OR A RECORDABLE SURVEY. V' 14 8 X ~ _ ~~~~ ~oyN Y ~~~~ SHED ~ rri & eS~ o ~~ <<F kFT a ~~ LOT oo ~RFR ~~ o AREA= moo. o• 8,160 ± SF (talc) 82-369 N/F OWNERS UNKNOWN ~~>3~ x dhcb fn d add pergola o %~ o' o o' .tL~A.T1, A o ~/ add steps ~~ ~ X / ~hh ^~ 8 /^\~\~ ^ / 3 ~8•X~ ~ o ~, 2 2 STY W/F ~ ~~/D/WELLING k j~ K ~~ dec ~/ 1st sty eksd:~ °j o' I~~I,s~ 'z3 ~8~ TT A / Nc~ ~a ~~ g .., ,.,. 0 ~~, NOTES: . ~ l t.) LOT DOES NOT CONFORM TO CURRENT , U~i ZONING REQUIREMENTS WITH RESPECT TO LOT AREA AND FRONTAGE. 2.) STEPS ON DWELLING DO NOT CONFORM TO CURRENT ZONING REQUIREMENTS WITH RESPECT TO FRONT YARD AND SIDE YARD SETB ACKS CURRENT ZONING: LUG-2 ~P~`~ uF '~QSSq MINIMUM LOT SIZE: 80,000 SF ~ ~ oz ROBERT ~~~ MINIMUM FRONTAGE: 150 FT ~ A. FRONTYARD SETBACK: 35 FT SMACK :~ SIDE AND REAR SETBACK: 15 FT q No.37T~3 ~o o ~~~ (10 FT FOR LOT OF RECORD) ~ 9 ~ ka~sta~ ~~~~' ~~s~ ALLOWABLE G C R • 4% ~ (1500 SF FOR LOT OF RECOR OVER 5,000 SF IN AREA) EXISTING G.C.R.: 14.2 %± I r~ EXISTING G.C.: 1160 SF ± (NOT INCLUDING 85 SF SHED) PROPOSED G.C.R.: 15.5 ± PROPOSED G.C.: 1260 SF ± (NOT INCLUDING 85 SF SHED) N.B. 08/59 PLOT PLAN TO ACCOMPANY APPLICATION TO THE ZBA IN NANTUCKET, MASSACHUSETTS SCALE: 1 "=20' DATE: SEP 14, 2009 DEED REFERENCES: DBK 328 ,~ PGS. 342, 343, & 344 'F'LAN REFERENCES: PLFL 30-K and PROPRIETORS PLBK 1, PG 95 ASSESSOR'S REFERENCE: MAP: 82 PARCEL: 368 PREPARED FOR: G. ROBERT & SUSAN AYD SMACK SURVEYING 2 WASHAMAN AVENUE NANTUCKET, MA. 02554 (508) 325-0940 J-1027 dhcb fn d ~~ ~^~ o~~ ~ o'~ drr~\ t) ~ \ ~ \9~~ 3 4 ~ x~ ~i ~~ ho ,~,' ~" w~ ~l~ dhcb fnd Town of Nantucket Web GIS -Printable Map Town of Nantucket Web GIS ~.`:` _ i _ ~2 01 -.r"' ~L '~ Prop ID 82 368 Address 1 MATTAPOISETT AV Owner AYD G ROBERT & SUSAN 1142 MEETINGHOUSE RD WEST CHESTER, PA 19382 Sale Date 07/24/1989 Sale Price $1 Book/Page 00328/343 Lot Size 0.18 acres <%' eN ~c~,.~1 _. NOT ~^- LE,.~AL DOCUf~IEfvT ~_~~ general re`erencc only Important ca~r~as ~.hic`; must be consderec r~~hen ~.,s _~ ih~ data arm ..ailablP frr;n Yt~-. IVan'_ucket GIS Coordinator. _. _ n ~ eyed on i,is :,: :~r~, - ir!ao of ~.. Tl.e - m of Ti, . _. Page 1 of 1 & - ~~ -:, -,~, yl _L-1~ Town of Nantucket, Massachusetts Map Composed 9/15/2009 Co~iyrlght 2005 Town of PJantucket. P,~A- All rights reserved. Developed by AppGeO http://host.appgeo.com/nantucketma/PrintableMap.aspx?Preserve=Width&MapWidth=864&Map... 9/ 15/2009 Town of Nantucket Web GIS -Printable Map Prop ID 82 368 Address 1 MATTAPOISETT AV Owner AYD G ROBERT & SUSAN 1142 MEETINGHOUSE RD WEST CHESTER, PA 19382 Sale Date 07/24/1989 Sale Price $1 Book/Page 00328/ 343 Lot Size 0.18 acres ~„. ~t NOT A LEGAL DOCUMENT For general reference only: Important caveats which must be considered when using this data are available from the Nantucket GIS Coordinator. ', Disclaimer 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 the suitability for individual needs. All information is from the Town of Nantucket Geoyraphic Information System (GIS) database. Copyright 2005 Tov.m of Nantucket, MA. All rights reserred Developed by AppGeo Page 1 of 1 Town of Nantutctket, M a ~ L~~rcri~~~~us 9/10/2009 http://host.appgeo.com/nantucketma/PrintableMap. aspx?Preserve=Width&Map Wtdth=864... 9/10/2009 Town of Nantucket Web GIS ~ ~,aNTUChFr;, .i ~-9,o~8AZF~\ -, TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 ~~' Date: December 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: 051-09 Owner/Applicant: G. Robert Ayd and Susan Ayd 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. ,,1' { ^ _ 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 82, Parcel 368 Lots 74 and 75 of Proprietor's Book 1 & 95 1 Mattapoisett Avenue LUG 2 DECISION: Deed Ref. Book 328, Pages 342-344 1. The Nantucket Zoning Board of Appeals held public hearings on October 8 and November 12, 2009, in the Garage Area at 2 Fairgrounds Road, Nantucket, Massachusetts regarding the application of G. Robert Ayd and Susan Ayd, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, Board of Appeals File No. 051-09. The Board made the following Decision. 2. Applicants are requesting variance relief pursuant to Nantucket Zoning Bylaw Section 139-32 (variances) from the intensity regulations found in Nantucket Zoning Bylaw Section 139-16 (intensity regulations) in order to construct an addition to the structure. Said addition will be sited approximately 7.9 feet from the side yard lot line in a zoning district that requires a ten (10) foot side yard setback. The structure has deck stairs that are as close as 9.1 +/- feet from the south/side lot line and as close as 34.9 +/- feet from the east/front lot line are their closest points, where the side setback is ten (10) feet pursuant to Nantucket Zoning Bylaw Section 139-33.E.(3).a and the front setback yard setback is thirty-five (35) feet. The site is located at 1 Mattapoisett Avenue, is shown on Nantucket Tax Assessor's Map 82 as Parcel 368, is shown as Lots 74 and 75 of Plan of Truman Towne, Proprietor's Book 1 and 95, and is recorded at the Nantucket County Registry of Deeds in Book 328, Pages 342, 343, and 344. The site is zoned Limited Use General - 2. 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. There was no Planning Board recommendation, on the basis that no matter of planning concern was presented. There was no support nor opposition presented at the public hearing. 4. The locus is apre-existing nonconforming undersized lot of record of approximately 8,159 +/- SF in the LUG-2 zoning district where 80,000 SF of lot area is required. It contains a shed, approximately 85 +/- feet (which does not count against ground cover pursuant to Nantucket Zoning Bylaw 139-2), and atwo-story dwelling of approximately 1,080 +/- SF of ground cover in a lot that is allowed 1,500 SF of ground cover pursuant to Nantucket Zoning Bylaw 139-33E.2.b. The structure has existing stairs that are as close as 9.1 +/- feet from the south side lot line, as close as 7.9 +/- feet from the north side lot line, and as close as 34.9 +/- feet from the east/front lot line are their closest points, where the side setback is 10 feet by Nantucket Zoning By-law 139- 33.E.3.a and the front setback is 35 feet. The existing nonconformities do not predate zoning on Nantucket, but are more than 20 years old. The locus and structures thereon are conforming to dimensional requirements in all other respects. 5. Applicants proposed to keep the stairs that are as close as 9.1.0 +/- feet from the south/side lot line, the stairs that are as close as 7.9 +/- feet from the north/side lot line, and as close as 34.9 +/- feet from the east/front lot line at their closest points, where the side setback is 10 feet by Nantucket Zoning By-law 139-33.E.3.a and the front setback is 35 feet. Applicants further proposed to alter the dwelling by expand the structure with atwo-story addition, to be as close as 7.9 +/- feet from the northern/side lot line at its closest point, where the setback is 10 feet. 6. Oral and written presentations were made by the Applicants' representative, and no opposition or concerns were presented by the abutters or the public. Applicant proposed that the relief by Variance was justified on the basis of topography, that literal enforcement of the Nantucket Zoning Bylaw will cause the Applicant a substantial hardship, and that the desired relief poses no substantial detriment to the public good and does not nullify or substantially derogate the intent and purpose of the Bylaw. Applicants noted that the abutting vacant lot to the north of approximately 4,100 +/- SF is an "Owners Unknown" lot that the applicants have had fenced in for over 20 years. 7. Therefore, based upon the foregoing, the Board of Appeals finds that literal enforcement of the Nantucket Zoning Bylaw will cause the Applicant a substantial hardship regarding the stairs within the setbacks, which pose no substantial detriment to the public good and do not nullify or substantially derogate the intent and purpose of the Bylaw. The Board of Appeals did not find a basis for granting a variance for the proposed addition. 8. Accordingly, by a motion to grant the requested VARIANCE relief to validate the stairs that are as close as 9.1 +/- feet from the south side lot line, the stairs that are as close as 7.9 +/- feet from the north side lot line, and as close as 34.9 +/- feet from the east/front lot line are their closest points, there were FOUR votes in favor and NONE opposed, and therefore the Board GRANTS the requested relief by VARIANCE pursuant to Nantucket Zoning Bylaw Section 139-32. 9. Accordingly, by a separate motion to grant the requested VARIANCE for the addition to be as close as 7.9 +/- feet from the northern/side lot line at its closest point, there were NO (0) votes in favor and FOUR opposed (Waine, Koseatac, McCarthy, and O'Mara), and therefore the Board DENIES the requested relief by VARIANCE pursuant to Nantucket Zoning Bylaw Section 139-32. SIGNATURE PAGE TO FOLLOW Dated: l~ , 2009 .Dale wine rim Koseatac ~ ~. ~,1M~ usan McCarthy ~~ O'Mara, Chair COMMONWEALTH OF MASSACHUSETTS Nantucket, SS. ~ ( , 2009 On this ~ day of ~~, 2009, before me, the undersigned Notary Public, personally appeared ~u~7 ,~Cs~"~fr~ ,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 Pu lic: -/~rI~55~ ~• ~~"f My commission expires: Mu--~=~~ ~~~, ~~'~ 3