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HomeMy WebLinkAbout061-10 Quinn, Justin~~ cD _,_~, ...- TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $300.00 C-wner's name(s): Justin Quinn File No. y~~~~U r o ~; ~~ n _, -v :~ Mailing address: 2 Greglen Avenue -PMB #6, Nantucket, MA 02554 c/o Vaughan, Dale Hunter, Stetina and Beaudette, P.C., 2 Whaler's Lane, P.O. Box 659, Nantucket, MA 02554 Phone Number: 5o8-22s-4455 E_jyiaj], jell@vaughandaleandhunter.com Applicant's name(s): Justin Quinn Mailing Address: same Phone Number: same E-Mail: same Locus Address: is New Lane Assessor's Map/Parcel: 41-2s2 Land-Court Plan/Plan Book & Page/Plan File No.: Pian Fiie s2-B. Lot 1 Book 751,. Deed Reference/Certificate of Title: Pase 133 Zoning District R-1 Uses on Lot- Commercial: None x Yes (describe) Residential: Number of dwellings 1 Duplex _ Date of Structure(s): all pre-date 7/72 or Building Permit Numbers: Apartments Previous Zoning Board Application Numbers: 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: Please see Addendum, attached hereto 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: App cant/Attorey/Agent*~ *If an Attorney or other Agent is representing the Owner or the Applicant, p ease provide a signed proof of agency. OFFICE USE ONLY Application received on:_/_/_ By: Complete: Need Copies: Filed with Town Clerk:,-/_ Planning Board:-/,_ Building Dept.:_/,_ By:_ Fee deposited with Town Treasurer:-/J_ By._ Waiver requested: Granted:~_/_ Hearing notice posted with Town Clerk:-/.J_ Mailed:-/-/- I&M_/_/_ 8c /_/_ Hearing(s) held on:_/_/_ Opened on :_/_/_ Continued to:_/~_ Withdrawn:-/-/_ Decision Due By:_/_/_ Made:_/_/_ Filed w/Town Clerk:_/_/_ Mailed:-/_/_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-721'5 telephone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 TO ZONING APPLICATION JUSTIN OUINN -15 NEW LANE The Applicant, Justin Quinn, Owner of the Property at 15 New Lane, Nantucket, MA 02554, requests a Special Permit pursuant to Section 139-16(C)(2) of the Nantucket Zoning By- law for his property located at 15 New Lane, Nantucket, MA 02554, ("hereinafter the Property"). The Property is shown as Lot 1 on a plan by Nantucket Surveyors, Inc. dated January 23, 1997, recorded with the Nantucket Deeds in Plan File 52-B, and as Parcel 282 on the Nantucket Tax Assessor's Map 41. The Property is located in the Residential - 1 (R-1) Zoning District. The side yard setback requirement for the R-1 district is 5 feet. The Applicant applied for and obtained Building Permit No. 486-06 permitting the construction of a two story addition, a copy of which is attached as Exhibit "A". At the time that the Applicant applied for Building Permit No. 486- 06, the Applicant submitted a plot plan originally prepared by John Shugrue and amended by Luke Thornewill of Thornewill & Associates, showing the location of the proposed addition, a copy of which is attached hereto as Exhibit "B". Specifically, the proposed addition was to be located no closer than 5'-6" from the Northerly lot line. After Building Permit No. 486-06 was issued, but prior to the commencement of the work, the Applicant had John Shugrue locate and demarcate the foundation corners of the proposed addition to ensure the same were located outside the required 5' side yard setback requirement of the R-1 zoning district. The applicant commenced work on the Permit and in accordance with and reliance on the plans and permits referenced above. As the work is now complete, the Applicant is working to obtain his Certificate of Occupancy from the Building Department. In that vein, he requested an As-Built Plot Plan from Don Bracken, P.E. of Bracken Engineering, Inc. to submit to the Building Department. As shown on the attached Bracken Plot Plan, Exhibit "C" hereto, the northwest corner of the addition is located 4'8" to the northerly lot line and within the required side yard set back. The siting of the addition within the 5' side yard set back was based solely on and in reliance on Mr. Shugrue locating and demarcating the foundation corner of the proposed addition within the required 5' side yard setback. Mr. Shugrue clearly did this in error and failed to properly and appropriately site the foundation corners in accordance with the plan submitted with the building permit application showing the northwesterly foundation corner at 5'-6" to the lot line. Section 139(16)(C)(2) of the Zoning By-Law provides that The Board of Appeals may grant a special permit to validate unintentional setback intrusions not greater than five feet into a required yard and not closer than four feet from a lot line, provided that it shall first find that the burden of correcting the intrusion substantially outweighs any benefit to an abutter of eliminating the intrusion, and if the intruding structure was so sited after 1990, the siting of the structure was reasonably based on a licensed survey. 1 The Applicant is seeking a Special Permit pursuant to section 139-16(C)(2) to validate the minor setback intrusion. The northwest corner of the foundation only invades into the side yard set back by 3" and the addition is no closer than 4'8" to the lot line. Additionally, the burden of correcting the intrusion substantially outweighs any benefit to abutters. Alternatively, and to the extent the Board deems it necessary, the Applicant requests a Variance pursuant to Section 139-32 to validate the location of the structure within the side yard set back. To that end, due to the shape and topograhphy of the lot and the structure thereon, the literal enforcement of the 5' side yard setback would involve a substantial hardship to the Applicants to remove the addition. Further, granting this relief does not involve substantial detriment to the public good or a derogation of the intent of the By-law. Under these circumstances, the Applicant respectfully requests that the Board grant him the requested Special Permit under section 139-16(C)(2) or alternatively, a Variance under Section 139-32. 2 EXHIBIT A t7 z z b m n O r.. ~ ~ ~ (~ "'.( ~ m ~ D~~ C7 ~ ~ --~ ~ zcn~ 2 -~ .t --~ r ~ ~~rn C7 ~~p 1~7 ~~, ~ m A °~°oz n'1 m~~ v ~© z ~ ~ ©~ ~z ~ a= u~ ~.,. m n v~ ~~ t~i~ o = zm ~ -~ v ~` c -ni m cm 0 ~~ ~c m nm '~ ~ v -,~ r= ~m m zo rn ~ ~_ m -n do z ,,~,~ ~m n~ O _ ~, ~z m m~ ~~ r v3 ~m rzn ~c v° DO Z m~ ~m mz D .Q s m~ ~? ,,~~,~ A ~. r "'"{ '~ r ~vmm (~ ~ ~ "~ ~~~ Z rn m O N ~mCCy S''r~m ~Z c>~~z ~~o~ ~~ ~, z ~ ~ ~ m ~o m~~ ~~~~ ~~~~ n ~~v~ ~c~o~ ~2-~a z ~a"='O ~~~' ~~aa rn c~~m ~mz~ Q~~ z m a~~o mmm-n ~_ o=in~ ~z~ ?~Q~r ~]~D --i °z Z -~ Fi'1 Z ttr.r. 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W N PUN BK. 17/51 ~n ~ 2 LgNE ti '' ~ ' ~ ~ N BECK h ti ~ ~ Q ,. ~ ~ ~ ~ y ~l O ti ~ DECK ~ : ~ # -- 48~` 0 "~ 2 O ti ma ~a ti U Zzmo r m ~ OVlpn cpc D z m v m 0 o rn m z=o D ~ m `c p~D~ m m ~ °DOZ ~ ~ ~ m ~ m z p o N ~ z'~ ~ m `z vm r ~ ~ z ~~~ 0 z Z~z m D ~Z~ m (.a mrD r~~ v , \ / ~ h I ~ ~ N ~ ~ ~ ~ ~ ~ Z z ~~ Z ~ ~ Z 17 ~ C C v m N ~ ~ c<<~~~~r f*7 m D Z O n Zl ~ ~ D N D n m m ~ x 0 to ~ 0 o\°y c"- q 0 0 -i N ~ ~ I m ~ Oo ~ 0 OWo ~ ~ N - OD ~ ~ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: December 7, 2010 J y 4d 0 m O ~~ ~ To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 061-10 Owner/Applicant: JUSTIN QUINN 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 suc] 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 2 Fairgrounds Road Nantucket, Massachusetts Assessor's Map 41, Parcel 282 15 New Lane Residential - 1 DECISION: APPEALS 02554 Plan File 52-B, Lot 1 Book 751, Page 133 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, November 18, 2010, at 1:00 P.M., at 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of JUSTIN QUINN, c/o Vaughan, Dale, Hunter, Stetina, and Beaudette, P.C., 2 Whaler's Lane, PO Box 659, Nantucket, MA 02554, File No. 061-10: 2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-16.C.(2) (unintentional setback intrusion) in order to validate the northwest corner of the foundation that invades the side yard setback by 3" and the addition built in 2006 that is no closer than 4'8" from the side yard setback. The zoning in this district require a five foot side and rear yard setback. In the alternative, the Applicant is requesting Variance relief pursuant to Nantucket Zoning Bylaw Section 139-32 from the intensity regulations in Section 139-16 (intensity regulations - setbacks) to validate the location of the structure. The Locus is situated at 15 New Lane, is shown on Nantucket Tax Assessor's Map 41 as Parcel 282, is shown on Plan File 52-B as Lot 1, and title is recorded at the Nantucket County Registry of Deeds in Book 751, Page 133. The property is zoned Residential - 1. 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 matters of planning concern were presented. No abutter comment was received either in favor or in opposition to the application. 1 4. Attorney Jeff Stetina represented the Applicant. Attorney Stetina explained to the Board that the Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-16.C(2) (unintentional setback intrusion) in order to validate a setback intrusion in the northwest corner of the lot. In 2006 the Applicant had applied for, and received relief for, the construction of a two story addition. The location of the addition was to be located no closer than 5.5 feet from the Northerly lot line. After the permit was issued; but, prior to commencement of the work, the Applicant had surveyor John Shugrue locate and demarcate the foundation corners of the proposed addition to ensure the same were located outside the required five foot side yard setback - in accordance with the R-1 zoning district requirements. Upon completion of the work, the Applicant requested an As-Built Plot Plan from Bracken Engineering. The As-Built showed that the addition was located approximately 4.75 feet to the northerly lot line and is sited in the 5 foot side yard setback. As this was an error done by the surveyor, relief pursuant to 139-16.C.(2) is appropriate to validate the unintentional setback intrusion. 5. Therefore, after a discussion with the Applicant and Counsel for the Applicant, the Board finds that such a Special Permit may be granted to validate the unintentional setback intrusion as the intrusion is not greater than five feet into a required yard and not closer than four feet from a lot line and that the burden of correcting said intrusion substantially outweighs any benefit to an abutter of eliminating said intrusion. 6. Accordingly, by a unanimous vote of the sitting Board, the Board of Appeals made the finding that the burden of correcting the setback intrusion on the locus substantially outweighs any benefit to an abutter of eliminating said intrusion and subsequently validated the dwelling sited as close as 4.75 feet from the Northerly lot line, as shown on the plan entitled "As-Built Plot Plan in Nantucket, MA", prepared by Bracken Engineering, Inc., dated September 13, 2010, attached hereto as "Exhibit A." SIGNATURE PAGE TO FOLLOW 2 Dated: ~~G. ~ _ 2010 COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. ~2 ' ~ , 2010 On this l day of ~, 2010, before me, the undersigned Notary Public, personally appeared ~l,~ TdQ~ ,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. l ~i!~ ~ . Notary Public: ~/.~N gam(, K.MItOP~ My commission expires: ~,t7,(,~ ~~ x}/~} 3 Mark Poor w _A __ a 0 C O 2Zni~ 0 ~~aoa ~ ~ ~ ~~~~~ e ~0-u ^ ~ ~~d oYY y a O ~ a I y ti :y et ` ~ ~~~p ~ q, ~~ !, o a z o ~m Z o Z ~ a ~ ~y~~0 „ . a = {~ ~ 5 4 O m s~ll`r"- .~• 1 sc~'" ,00~~ ~ l _ 99~ ~ N113.T' OmI N~ f `~ - ~ o y ~ °C°°~~; . N~onsb -. .. .,` 1778• ,~. ~ SlObg p2 K, ~ 111 `' ' ~ 0 147 . ~ ~~ ~~ _ .. .. ,. O "t 4 .q ~ y ~ ~ ~ 4~ ~ N Y N N ~ ~ ~n ~O ~ \ PLAN BK. 17/51 c.~ 2 L '`] N E 60 ~. 112?7". 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