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Home My WebLink About008-11 Dias, Kenneth & Lisa(Daisey N.T.) . NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 FEE: $300.00 CASE NO. ~f"'Ll APPLICATION FOR RELIEF Owner's name(s): Kenneth & Lisa Dias, Trustees . ..... ..... :::D Mailing address: 25 Rugged Road, Nantucket, MA 02554 Applicant's name(s): Richard J. Glidden, Attorney Mailing address: 37 Centre Street, Nantucket, MA 02554 i':J::> (X) Locus address: 25 Rugged Road Assessor's MaplParcel: 67-166 N w Land Court PlanIPlan Book & PagelPlan File No.: f L. ~ ,<.... \ '"1 1\ \ 1-.\ \a Lot No.: \ Date lot acquired: '?J \ '").. \ <).. U 0,-\ Deed Ref.lCert. of Title: <l' ~ \ c)... ~"3 Zoning District: LUG-2 Uses on Lot-Commercial: None_X_ Yes (describe) Residential: Number of dwellings 2 Duplex Building Date(s): All pre-date 7/72? or Building Permit Nos: 5784-87; 1060-03 -iz 0" ~-- ...,- ~ ......... ~.- ........... ~..-.~'1 rr'! '- ::::=0 Z S! i. ,- I, Apartments_ Rental Rooms C ofO(s)? Previous Zoning Board Application Nos.: None 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 Exhibit" A" I certify that the info ation contained herein is substantially complete and true to the best of my knowledge, under the ains and penalties of perjury. SIGNATURE: Applicant Attorney/Agent ./ (If not owner or owner's attorney, please enclose proof of agency to bring this matter before the Board) FOR ZBA OFFICE USE Application received on:---1_/_By: Complete: Need copies?: Filed with Town Clerk:_/---1_ Planning Board:---1---1_ Building Dept.:---1---1_ By: Fee deposited with Town Treasurer:---1_/_ By: Waiver requested?:_Granted:---1---1_ Hearing notice posted with Town Clerk:---1---1_ Mailed:---1---1_ I&M:---1---1_ & ---1---1_ Hearing(s) held on:---1---1_ Opened on:---1---1_ Continued to:_/---1_ Withdrawn?:---1---1_ DECISION DUE BY: / / Made: / / Filed wlTown Clerk: / / Mailed: / / --- --- --- --- r.-' .. EXHIBIT "A" Applicants obtained a building permit in 2003 to construct a barn with an apartment above. During the application process the HDC felt the 2nd floor deck at the rear of the structure originally designed as 4' x 4' was too small for the size of the structure. They suggested to applicant that the deck be expanded to 10' x 12'. Applicant built according to HDC approved plans and the deck and stairs are located 8.64' from the rear property line in a district requiring a 15' rear yard set-back. Applicants request a variance from the rear yard set-back requirements set out in CH 139 (2) 16 to allow a rear yard set-back of 8.64 feet to legitimize the existing deck and stairs. ! :~ ~ I " I j ~', , "">-i-n1":I / ,,~ 'I"! iW-:i, '1\/ ~ ~ , I , I : i i I: "'I+-t'1 I:~~~::, :~:.~ il "'.." 01 .~ i; I: ~~ ~ ~ :!r ~ ~f ~~ !.!.:. ; r-, : ~ ., ~ ~ ~ . ... ~.,,",:,'/~., '.', '\.,.'..~,' ~... i ; .~ I - '- .~:~ i ~.~; ; ~f': $\~ .. ; ~!':i .A. ,.c.~;....I,G].\~;r ... .~ ~ . :,~.11" ~"I' 't, l'-. I, . ~ / - L.L---- .::.:.:.~.........:.".,...~.--~. ... .-<f/ /7 /P '" ~ N3S932'40'E '" '" ~ 1~~ 418.54' n, ':~ 1 BARN U 992 SF, I ~ Gi".RAGE 576 SF. LOT 1 219,119 SF. I \ I \ \~ w (J1 1 . i$ I f\l ~1 I ':! ~\C; - ' fT1 I \ i I \ \ I I I \ P <I o LL q LJ LJ L'J ---.. ~ CL . ..... ..... ;0 -i:z: o~._ <::: .)to.... ...~~ 7: ~~, ::J: ::::=0 ::::0 ~'--...,-..,. i'l " ... " J - ..... TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 f -~.. 1".-0- , :::::0 \0 w OJ Date: March 11, 2011 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 008-11 Owner/Applicant: Kenneth and Lisa Dias, Trustees of Daisey Nominee Trust 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. VJ S. 1.L t3M) Edward S. Toole, 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-LAN 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 BOAlID OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 67, Parcel 166 25 Rugged Road Limited Use General - 2 Plan Book 17, Page 146 Book 876, Page 233 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, February 10, 2011, at 1:00 P.M., at 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of Kenneth and Lisa Dias, Trustees of Daisey Nominee Trust, c/o Glidden & Glidden, P.C., 37 Centre Street, Nantucket, MA 02554, File No. 008-11: 2. Applicants are requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-32 (variances) from the intensity regulations found in Section 139-16 (intensity regulations rear yard setback) in order to validate the location of the existing deck sited approximately 8.64 feet from the rear yard lot line. The Locus is situated at 25 Rugged Road, is shown on Nantucket Tax Assessor's Map 67 as Parcel 166, is shown as Lot 1 in Plan Book 17, Page 146, and title is recorded at the Nantucket County Registry of Deeds in Book 876, Page 233. The property 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 matters of planning concern were presented. No abutter comment was received either in favor of or in opposition to the application. 4. Attorney Richard Glidden represented the Applicant. Attorney Glidden stated that the Applicants are requesting Variance relief pursuant to Nantucket Zoning Bylaw Section 139-32 (Variances) from the intensity regulations in Section 139-16 (intensity regulations - rear yard setback) . 1 Attorney Glidden informed the Board that the Applicants obtained a building permit in 2003 to construct a barn with an apartment above said barn. During the application process, the Historic District Commission (~HDC") suggested the Applicants expand the deck to 10' x 12', instead of the originally proposed 4' x 4'. The Applicants built according to the approved HOC plans and the deck and stairs are sited approximately 8.64' from the rear yard property line in a zoning district that requires a 15 foot rear yard setback. Accordingly, the Applicants are requesting Variance relief in order to validate the location of the existing deck and stairs. 5. The Board expressed their displeasure that the Applicant had sited, with an HOC approval that was contrary to zoning, a deck and stairs in the rear yard setback. The Board further noted that the lot and structure, as situated, do not have any circumstances relating to the soil conditions, shape or topography affecting such land or structures but not affecting generally the zoning district in which it is located, such that a literal enforcement of the provisions of this chapter would involve substantial hardship, financial or otherwise, and that desirable relief may not be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the zoning bylaw. 6. Therefore, after a discussion with the Counsel for the Applicant, the Board finds that because the Lot is a conforming Lot in the Limited Use General 2 zoning district with no wetlands on the Locus, the subject property does not have unique dimensional, topographical, and environmental factors that would meet the criteria for Variance relief. 7. Accordingly, a motion was made to approve the requested relief by Variance and was duly seconded. The vote was ONE in favor and FOUR opposed (Toole, O'Mara, Koseatac, McCarthy opposed) and therefore, due to a lack of a supermaj ori ty, the requested Variance relief is not granted. SIGNATURE PAGE TO FOLLOW 2 Dated: l~tI~ 10 , 2011 Go.. COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. tl-.L (0 ,2011 JJ;:t' I rr day of ~ 2011, before me, the Wldersigned Notmy Pobnc, personally appeared f ~ ~ , 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~/she signed it voluntarily for its stated purpose. ~~~ Notary Pub~:'-- ~ .~\~,~,~::..?t:q~~ i/f ~'.." \",1 I~ 1-' , My commission expires: "1"11 1S~'O-~ .t3, ~,. ( ," ~~ { l I .~ --r7 '. I :~ ~":-'J1\" ',: I · ~ \~~ J ta _~ I~' I" . "" .....;, \, ,< ~ ~;.~ '!:'../ , ,. \ o~;;,tr~."t<:;:: " '.#,,4;,.. '. '" ,". 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