HomeMy WebLinkAbout051-09 Ayd, G. Robert & Susan~ aa~,fSTI CYc~,"~t
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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
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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.
E A E .R'S OFFICE
TOWN OF NA'`dTUCK.IJT
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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
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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.
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o• 8,160 ± SF
(talc) 82-369
N/F OWNERS UNKNOWN
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t.) LOT DOES NOT CONFORM TO CURRENT ,
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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 ~
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oz ROBERT ~~~
MINIMUM FRONTAGE: 150 FT ~ A.
FRONTYARD SETBACK: 35 FT SMACK :~
SIDE AND REAR SETBACK: 15 FT q No.37T~3
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(10 FT FOR LOT OF RECORD) ~ 9 ~
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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
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Town of Nantucket Web GIS -Printable Map
Town of Nantucket Web GIS
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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
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NOT ~^- LE,.~AL DOCUf~IEfvT
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ca~r~as ~.hic`; must be consderec r~~hen
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IVan'_ucket GIS Coordinator.
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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
~„.
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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
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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