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Home My WebLink About027-11 O'Neil, Charles F. TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION . - - ..", s.-......r -iz 0... :e:'; z~.~ :,. '1' .-~ ~ -0 ::::0 N -..J Fee: $300.00 - -0 F"l N- D~1. ~ 1 e o. W I er Owner's name(s): Charles F. O'Neil Mailing address: c/o Reade. Gullicksen. Hanley and Gifford. UP Phone Number: 508-228-3128 E-Mail: SLC@readelaw.com Applicant's name(s): Same Mailing Address: 6 Youngs Way. Post Office Box 2669. Nantucket. Mass. 02584 Phone Number: E-Mail: Locus Address: 27 Surfside Road Assessor's Map/Parcel: 55-113.6 Deed: Book 1270 Page 27 Plan.: Lot 45. Plan File 14F. Sheet 4 Zoning District: R-I0 Uses on Lot- Commercial: None Residential: Number of dwellings 1 Duplex no Apartments o Date of Structure(s): all pre-date 7/72 no or Building Permit Numbers: 6480-88 (new dwelling) and 12205-95 (porch addition Previous Zoning Board Application Numbers: None 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile v_",',-. State below the specific special permits or variance relief applying for: The two-story single family home on the locus was constructed completed in 1992 and altered in 1995. The locus was zoned as R-l when Nantucket adopted its Zoning By-law in 1972, but was rezoned to R-I0 in 1983. However, the locus benefited from a zoning "freeze" ofR-l zoning until 19921. The lot size is 9,164 +/- SF, where the minimum lot size went from 5,000 SF in the R-l district to 10,000 SF in the R-1O district. The western side of the structure is sited as close as 7.3 feet from the westerly side lot line at its closest point, where the minimum side yard setback went from 5 feet in the R-l district to 10 feet in the R-I0 district. These nonconformities pre-exist the application of R -10 zoning to this lot and confirm to the R-l zoning in place at the time. The ground cover ratio of 18.8% (1,723+/- SF of ground cover) is conforming in both zoning districts, where 25% ground cover ratio is allowed in the R-I0 district and 30% was allowed in the R-l district. The locus and structures thereon are conforming in all other dimensional respects. In 1995, a prior owner altered the deck by making a portion of it (approximately 9' x 12' or 84+/- SF) into a screened in porch and possibly adding stairs (the stairs do not appear on the 1992 as-built in the Building Department file, but they probably existed at that time and it was not uncommon for them to be left off survey plans from that time). Although the prior owner did not seek zoning relief to alter the pre- existing nonconforming deck in 1995, the alteration was done pursuant to a building permit and a Certificate of Occupancy has been issued by the Town, even though the Building Department file has a notion that the encroachment was reviewed as a possible violation at that time. Presumably it was determined that the encroachment was subject to the zoning freeze, as there is no complaint or other documentation about it in the file or pending. The statute oflimitations (6 to 10 years under MGL Chapter 40A Section 7) has since run out, which precludes any enforcement by the Town the lack of relief to make the alteration. Nonetheless, the Applicant requests relief by Special Permit under Nantucket Zoning Bylaw Section 139-33.A (4), or by variance to the extent necessary, for the prior 1995 alteration of the pre-existing nonconforming structure. Applicant asserts that the change of a portion of the deck to an enclosed porch was and is not substantially more detrimental.to the neighborhood than the existing nonconformity. 1 Pursuant to MGL Chapter 40A, Section 6, the zoning in place at the time of the submission to the Planning Board of a defmitive plan, or a preliminary plan followed by a definitive plan within 7 months, is extended during the plan review and for at least 8 years from the date of the endorsement of such a plan, if it was filed before the effective date of the zoning change. In this case, the preliminary plan was submitted on March 23, 1983, Town Meeting adopted the zoning change in Apri11983, the final plan was submitted on October 20, 1983, and the plan was endorsed on March 26, 1984. Therefore, the locus was governed by R-l zoning until at least March 26, 1992. This zoning freeze is specified in and confirmed by the Nantucket Planning Board file on this subdivision. ,-' 27 Surfside Road Application 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: Charles F. O'Neil, owner ~d Steven L. Cohen, as attorney SIGNATURE: OFFICE USE ONLY Application received on:_1 _I _ By: Complete:_ Need Copies: Filed with Town Clerk:_1 _I _ Planning Board:_1 _I _ Building Dept.:_1 _I _ By:_ Fee deposited with Town Treasurer:.J _I _ By:_ Waiver requested:_ Granted:~ _I _ Hearing notice posted with Town Clerk:.J .J _ Mailed:_1 ~ - I&M_I _I _ &~ _I _ Hearing(s) held on:~ ~ _ Opened on :_1 ~ - Continued to:_1 _I _ Withdrawn:_1 _I _ Decision Due By:_1 ~ - Made:_1 _I_Filed w/Town Clerk:~ ~ _ Mailed:_1 ~- 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile ~ Town of Nantucket Web GIS - Printable Map Page 1 of 1 Town of Nantucket Web GIS ~ -i.... ! . r- ~ _ "", Bl I L. i , I. ",", '-k--:~ - -- II o 83ft II Prop ID Address Owner 55 113.6 27 SURFSIDE RD SMITH IRENE M TRUSTEE Sale Date Sale Price Book/Page Lot Size 27 SURFSIDE ROAD NANTUCKET, MA 2554 08/27/1999 $0 00633/0004 0.21 acres NOT A LEGAL DOCUMENT .0 ~ l~. 1)\ ~" ,. /~' \. ". '\~. . ~..""..ro~ \ ;;. -:Y \ "-0.. lSl' I "---........------~{ For general reference only: Important caveats which must be considered when using this data are available from the Nantucket GIS Coordinator. Disclaimer The Information displayed on this or any other map produced by The Town of Nantucket is for reference purposes only. The Town of Nantucket does not guarantee the accuracy of the data. Users are responsible for determining the suitability for Individual needs. All Information is from the Town of Nantucket Geographic Information System (GIS) database. Town of Nantucket, M~~&n~'b~~l(fS 4/12/2011 Copyright 2005 Town of Nantucket, MA. All rights reserved. Developed by AppGeo http://host.appgeo.com/nantucketma/PrlntableMap.aspx?Preserve- Width&... 4/12/2011 N .\ ~ ;<;:) ~\2.. ~ ~ .- """"'> ~.'. '<' ~t':t;:> ~L' ~ ~ [1.....1'-'.r~.$ AV(}J/J[; . WASHAMAN j'1, 'If ~,~"S.DO L,.' I I , I ':' ~I .,! "l I '" I ~ /6.. --0 I " ". .,.!.~ . :to ~ I I I ...1 01 "I .., 1 I \,... ~ ~ ~ ~ , ~ ~ .., ~ ~ i ~ ~ , '":> ~ ..!-~ 'lL _ I I ....' I ..I ~I ";1 " \ 011 ~I I , I - - N 55. iI-~' 2.'1" L; ~8,OO ___,dLB:-_ _ ~ -i /.,., 0 'I Jf-.s- AI9.~A' './6'1-roS'.P: __J!.'1.!--- _...!.'!.:u_~ _-!...L.J~ '1'0"-4,., RT T'/",e OF (!aNsrlf.clc T~olll ZONING: Ie. - J... MINIMUM LOT SIZE d-. ODO ~r MINIMUM FRONTAGE: S D . FRONT YARD SETBACK: /0' REAR' & SIDE SETBACK: S . GROUND COVER. RATIO: .JO~ PLOT PLAN OF LAND IN NANTUCKET, MASS. SCALE 1 ".. .eO I DATE: vt&:nuA.I-'j 2,'1, 1'1' J.- JOHN J. SHUGRUE INC. 57 OLD SOUTH ROAD NANTUCKET, MA.02554 FOR: '10m C''"''J<!'- 1.3.~ I I i ~. :~ ~ .~. .~ ~ ~ 3J17 ,.. I q f/2 fl/u~ LV if 11 fftlS ntJ'Ta, fifJ'J '.c<. Feb. 11. 2011 3:52PM 1 "'" ;,~ :~:~'~,::>-~~.': I .- ~~ ').t j{~ :f/ ;':: ~~;~~ ,;\ (~i r~, t' . . HAMAN AVEJ4/J6 WAS, .", ~". &.I' ~i~ ", !.: ,. r)l. .,'. ,1.;:,[,..,.;\., 1 (:. d" f.!/i<~;:.;:..,~:, ,.,: I ;Y.6>"s,tJO I : , ! 1 I ':1' , .;' ... t "1\ .... . oi . I I. CONC, ~ I~~.I AP"OH ~ ~ ~ " 'I:' "'"" ,.,' '. . , , . I........ I....... 00 . .......... ~. ~~ , 1 / jII"'l\o*" Sl.N~ '0' '? oJ O"I~E J ~ I I '1 :!\..~..~: I ,\,..~, . I '. '.,.' j .8 f,L'~' . ~ ~--r"""-~-,,~ - -- <) . - , ~ ... ... : I, , .'~~:~~T::,4r.~ ',~ 'l <:)~.,., LO?" Jf.s- --1~;f, 9, ,~~t'.9.1:: . ,_ ~!.:'2L -- , ... ~. ~~' ~ ~ .. #f7 A >3'''',11.'1 :w~)i ~tf.AHJt; ~W~1..LJNt; ,,:I tst.... ~ " ~ ~ t ~. ~ '\ . c-. ~ . It- ~ . 8'1i'. ~ ...!-~. ~ 1- -. .- ...J '.' -i'., It I t . " ....: I A'r ,t:., ,,,. DO 1:'" ,., .' , "' TI"S OF t>>N$TJIIltlC'T11J1tI , ZONING: ;e...,1; MINIMUM LOT' SIZB ~, (JOO ~r MINIMUM lrltON'l'AGE: $ /) . . PROH~ YAttD SETBACK: f()' REAR " SIDB SB'lBACK: S . GROU~D eoVBR RATIO: .30 % PLOT PLAN 01' LAND IN NUTUCKE'l' ~ MASS. SCAtB 111..I"D' OATEt \TtLl'Jua,"lj 2.'7, I." R.. JOHN J. ShUGRUE INC. &7 OLD SOUTH kOAb N~N'1'UCKBT, MA.02554 FOR: 7tJrt') (!1"n.J~"- 1...5 . (." '#J...3 ;. '17 . No. 1948 P. 2 .< -...! '. ~ ,. It .~ ~<. " o. ~ : . I"~_ ~ ... ..... ~ ~ os .i. ....... ,,';'. '1I:I_'Y',- -f$ 8,oD RECEIVED BOARD OF ASSE880R8 APR 1 J 2011 Town of Nantucket ~niJlg Board of .6DDCalS 10WN OF NAN1UCICEt 1M LlST OF PARTIES IN IN1"EREST IN THE MA TT~ OF THE PETITION OF: PROPERTY OWNER...... ~~....f.. .O.'.~L......... ........... ..... MAILING ADDRESS......... J. ..~i.~.. ?t.~. .,. .~~M"............. PROPERTY LOCATION.... Z:l-.. .~f. ~)~...~........................ ASSESSOR MAP/PARCEL...... .55. .j.... .J.t?:.~..................... ........ SUBMITTED BY......5:l:e.ie,,~...?:....~.~...tr;~~...~y... ... SEE ATTACHED PAGES I certify that the foregoing is a list of all persons who are owners of abutting 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 or owner's property, as they appear on the most recent applicable tax li$l (M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139-29B (2). ~/3.~(j DAT ' . 11:1;;,,4) tJ ~ SSESSOR'S OmCE TOWN OF NANTUCKET ... ...... .... w ~ . ...... '" -0 . .... \D '" w w '" 5: ;.y ~ .... , 'i lit lit lit UI lit VI UI UI UI UI VI tn en lit UI lit lit '" UI lit tn c.n UI UI '" UI tn c.n Ln UI UI lit UI UI lit UI lit tn I UI lit t.n UI lit Ut UI UI UI lit lit III UI Ut lit UI UI Ln UI UI UI UI III III III Ut UI UI tn UI Ut lit UI UI UI (II UI VI fi ~~~~~~:~:::::::~~~~~:~~~~~~~cc~~~=~~=~ b OOOOO..~~UI~W~~~.~~UI~.~~.WN~O~UlWUlWWWWW~ ~ UI ... tal N .... .. .. 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Q . . . . . . . ~ . . . . . . . ~ . ~ . . . . . . . . . . . ~ ~~s~~s~S~~~e2_222=S222222~2~22222222222 = !~~~~~=====UI=UI==~=~UI==~=I=a======:====u N.OW....w....:.......~:...UlW....O........ ~~~~=~.....~w.:~~~~...~~...~...~~.=~~~~~~..~~~ . !!!!!!!!!l!!lil!!!II!!!!!!!!!!!!!!!!!! ; ; ; 8 ;~ / ~ ~ i f .. . ~ r ! .. i f . . .. ~~~,~uc,~'r ~9 A ._ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 ~- Date: July 15, 20].1 ~~ Cr To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: Owner/Applicant 027-11 CHARLES F. O'NEIL 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 ;~~,.~ 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-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 55,Parcel 113.6 Lot 45, Plan File 14 F, Sheet 4 27 Surfside Road Book 1270, Page 27 nFCISION: Residential - 10 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, May 12, 2011, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of CHARLES F. O'NEIL, c/o Reade, Gullicksen, Hanley, and Gifford, LLP, 6 Young's Way, Post Office Box 2669, Nantucket, MA 02584, File No. 027-11: 2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Sections 139-16.C.(1) and (2) (reducing side yard setback to five feet and unintentional setback intrusion) or 139-33.A.(4) (alteration of preexisting nonconforming structure) in order to validate the enclosed porch that has existed in its current location since 1995. Said porch is sited approximately 7.3 feet from the westerly side lot line in a zoning district that requires a 10 foot side yard setback. In the alternative, the Applicant is requesting Variance relief pursuant to Nantucket Zoning Bylaw Section 139-32 (variances) from the intensity regulations in Section 139-16 (intensity regulations - setbacks) to validate the existing enclosed porch. The Locus is situated at 27 Surfside Road, is shown on-Nantucket Tax Assessor's Map 55 as Parcel 113.6, is shown as Lot 45, Plan File 14 F, Sheet 4, and title is recorded at the Nantucket County Registry of Deeds in Book 1270, Page 27. The property is zoned Residential - 10. 3. Our accompanying received at o recommendation, was presented. decision is based upon the application and materials, and representations and testimony ur public hearing. There was no Planning Board on the basis that no matter of planning concern There was no support nor opposition presented at 1 the public hearing, and no correspondence was received by the Board of Appeals regarding this application. 4. Attorney Steven Cohen represented the Applicant at the hearing. At the hearing, Attorney Cohen stated that the Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-16.C.(1) and (2) and/or Section 139-33.A.(4) in order to validate the enclosed porch that has existed in its current location since 1995. The structure was constructed and completed in 1992 and altered in 1995. The locus was zoned from R-1 to R-10 in 1983, however the locus benefited from a zoning "freeze" of R-1 zoning until 1992. Accordingly, the western side of the structure is sited as close as 7.3 feet from the westerly side lot line at its closest point, where the minimum side yard setback went from five (5) feet in the R-1 district to ten (10) feet in the R-10 district. These nonconformities preexist the application of R- 10 zoning on the lot and conform the R-1 zoning in place at the time. The locus is 9, 164 square feet in a zoning district that requires a minimum lot size of 10,000 square feet. The locus and structures thereon are otherwise conforming. In 1995, a prior owner altered the deck by making a portion of it into a screened-in porch and possibly adding stairs (the stairs do not appear on the 1992 as-built). Although the prior owner did not seek zoning relief in order to alter the preexisting nonconforming deck in 1995, the alteration was done pursuant to a building permit and a Certificate of Occupancy was issued by the Town, even though the Building Department file has a notation that the encroachment was reviewed as a possible violation at that time. Presumably it was determined that the encroachment was subject to the zoning freeze. Therefore, the Applicant is requesting Special Permit relief in order to validate the existing screened-in porch. 5. Accordingly, the Board of Appeals, by unanimous vote of the sitting members, found that the requested relief can be granted by a Special Permit reducing the side yard setback from ten (10) feet to five (5) feet as said Special Permit would be in harmony with the general purpose of intent of the Zoning Bylaw with the condition that there shall be no further encroachment without any further relief from this Board of Appeals. SIGNATURE PAGE TO FOLLOW 2 Dated: July ~~ 2011 COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. , 2011 Qn this ~~ df/~~y of ~''~~, 2011, before me, the undersigned Notary Public, personally appeared /..,~ j.U ,who is personally known to me, and who ~ the person whose name is signed on the preceding or attached document, and who acknowledged to me tha he e signed it voluntarily for its stated purpose. Notary j~iblic: ',,W ~, D~~~' !~?~~ mtu~ My commission expires: ~ ~~'' ~l~iR , ,;~., ~, o ', 3