HomeMy WebLinkAbout 069-11 ERF, LLCNANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
FEE: $300.00 CASE NO. 04 i `l
APPLICATION FOR RELIEF
Owner's name(s): ERF LLC
Mailing address: c/o Edward S. Toole Post Office Box 725 Siasconset Massachusetts 02564
Applicant's name(s): Same
Mailing address:
Locus address: 108 Cliff Road Assessor's Map/Parcel: May 41, PaE e189
w
Land Court Plan/Plan Book & Page/Plan File No.: Lot 1A, Plan No. 2004 -09
Date lot acquired: 6/28/2011 Deed Ref. /Cert. of Title: Book 1284, Page 191 Zoning District-' R2
Uses on Lot – Commercial: None_ Yes (describe)
Residential: Number of dwellings 2 Duplex Apartments Rental Rooms
Building Date(s): All pre -date 7/72? Yes or
Building Permit Nos: N/A
Previous Zoning Board Application Nos.: N/A
C of O(s)?
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 attached addendum.
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: Q ' Applicant Attorne gent
(If not owner or owner's attorney, please a lose proof f agency to bring this matter efore the Board)
FOR ZBA OFFICE USE
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Hearing(s) held on: / / Opened on: / / Continued to: / / Withdrawn ?: / /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: / /
DECISION APPEALED?:—/—/— SUPERIOR COURT: LAND COURT Form 4/03/03
Addendum
ERF, LLC
Board of Appeals Application
108 Cliff Road, Nantucket, Massachusetts
The Applicant owns Lot A ( "Lot A ") and Lot B ( "Lot B ") on
plan drawn by Bracken Engineering, Inc., dated July 28, 2011,
recorded with Nantucket Deeds in Plan File 2011 -49 (the "Plan ").
The Plan was endorsed by the Planning Board on August 8, 2011 on
an approval- under - the - subdivision - law- not - required basis
pursuant to the provisions of Massachusetts Gen. Laws c. 41,
§81L, because the structures on Lot A and Lot B were in
existence prior to the adoption of the subdivision control law
in Nantucket in 1955.
Lot A and Lot B are located in a Residential -20 ( "R20 ")
zoning district, and each are currently improved with a wood
frame residential dwelling. The requirements of the R20 zoning
district under the Nantucket Zoning By -law (the "By- law ") and
the existing and proposed dimensions of Lot A and Lot B are as
follows:
*This nonconformity preexists the 19 /2 ezzeczive udLe OL
the By -law and therefore is protected from enforcement.
Recfuired
Lot A Lot
Lot Area (square
20,000
16,968 9,651
feet)
Frontage (feet)
75 feet
106.59
85.21(on an
easement
that
contains
Westmoor
Lane)
Front yard setback
35
35.1
91
Side yard setback
10
11.5 (west)
5.5 (south)*
(closest point in
feet)
Rear yard setback
10
11
11
(closest point in
feet)
Ground cover (square
3,327 (maximum
1,848
1,029
feet) existing
permitted
for Lot A &
Lot B)
Ground cover
12.5
10.89
10.66
(percentage)
existing
Ground cover (square
3,327 (maximum
2,121 (273
1,206 (177
feet) proposed
permitted
additional)
additional)
for Lot A &
Lot B)
Ground cover
12.5
12.5
12.5
(percentage)
proposed
r
*This nonconformity preexists the 19 /2 ezzeczive udLe OL
the By -law and therefore is protected from enforcement.
+ M
Applicant seeks Special Permit relief pursuant to By -law
§ §139 -30.A (special permits) and 33.A(4) (alteration of
preexisting nonconforming structures) to alter and extend the
existing single- family dwelling on Lot A by renovating and
adding on to it on a lot containing less than the required
20,000 square feet in the R -20 zoning district. The proposed
renovation and construction will be conforming as to all
dimensional requirements of the By -law, including setbacks,
ground cover, and parking. In the alternative, the Applicant is
requesting Variance relief pursuant to By -law §139 -32
(Variances) from the intensity regulations of By -law §139 -16
(intensity regulations - lot size). The Applicant is also
requesting Special Permit relief pursuant to By -law § §139 -30.A
(special permits) and 33.A(4) (alteration of preexisting
nonconforming structures) to alter and extend the existing
single- family dwelling on -Lot B by renovating and adding on to
the existing single family dwelling on a lot that contains less
than the required 20,000 square feet in the R -20 zoning district
and that may not contain the required 75 feet of frontage if it
is determined that frontage cannot be taken on the easement area
that contains Westmoor Lane. The pre- existing, side yard
setback nonconformity on the south will remain, but will not be
made more nonconforming, and in all other respects, the proposed
renovation and construction will be conforming as to all
dimensional requirements of the By -law, including ground cover
and parking. In the alternative, the Applicant is requesting
Variance relief pursuant to By -law §139 -32 (Variances) from the
intensity regulations in §139 -16 (intensity regulations - lot
size, frontage, and setbacks).
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF
RECEIVED
BOARD OF ASSESSORS
AUG 19 2011
TOWN OF
NANTUCKET, MA
PROPERTY OWNER: ERF LLC
MAILING ADDRESS: c/o Sarah F. Alger P.C. 2 South Water Street, Nantucket, MA 02554
PROPERTY LOCATION: 108 Cliff Road
ASSESSORS MAP/PARCEL: Map 41 Parcel 89
SUBMITTED BY: Sarah F Alger P.C. (508 -228 -1118)
SEE ATTACHED PAGES
I certify the foregoing is a list of persons who are owners of abutting the 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 of owner's property, all as they appear on
the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139.
Section 139 -29D (2)
DATE SESSOR'S OFFICE
TOWN OF NANTUCKET
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Date: January 19, 2012 :D
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 069 -11
Owner /Applicant: ERF, LLC
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.
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 41, Parcel 89
108 Cliff Road Lot 1A, Plan No. 2004 -09
Residential -2 Deed, Book 1284, Page 191
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, October 13, 2011, at 1:00 P.M., at 4
Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of ERF, LLC, c/o Edward S.
Toole, manager, PO Box 725, Siasconset, Massachusetts 02564, File
No. 069 -11:
2. Applicant is requesting Special Permit relief pursuant
to Nantucket Zoning Bylaw Section 139- 33.A.(4) (alteration of
preexisting nonconforming structures) in order to alter the
structure on "Lot A" by renovating and altering the existing
single- family dwelling on a lot containing less than the required
20,000 square feet in the R -20 zoning district. The proposed
renovation will be conforming as to setbacks and ground cover.
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 - lot size). The Applicant is also requesting
Special Permit relief pursuant to Nantucket Zoning Bylaw Section
139- 33.A.(4) in order to alter the structure on "Lot B" by
renovating and altering the existing single- family dwelling on a
lot that contains less than the required 20,000 square feet in
the R -20 zoning district and that may not contain the required 75
feet of frontage if it is determined that frontage cannot be
taken on the easement area that contains Westmoor Lane. The pre-
existing, side yard setback nonconformity on the south will
remain, but will not be made more nonconforming, and in all other
respects, the proposed renovation and construction will be
11
conforming as to all dimensional requirements of the By -law,
including ground cover and parking. 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 - lot size,
setbacks, and frontage). The Locus is situated at 108 Cliff
Road, is shown on Nantucket Tax Assessor's Map 41 as Parcel 89,
is shown as Lot lA on Plan No. 2004 -09, and title is recorded at
the Nantucket County Registry of Deeds in Book 1284, Page 191.
The property is zoned Residential - 20.
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
received at our public hearing. There were no letters of support
or opposition to the application. One abutter spoke against the
matter and was represented by Counsel at the hearing. This
abutter spoke to the profit motivation behind the request and
Counsel for the abutter questioned whether or not the Applicant
had rights in Westmoor Lane. Other abutters were represented by
Counsel who spoke in favor of said application.
4. Attorney Sarah F. Alger represented the Applicant at
the hearing. Attorney Alger informed the Board that the
Applicant is requesting Special Permit relief pursuant to
Nantucket Zoning Bylaw Section 139- 33.A.(4) (alteration of
preexisting nonconforming structures) in order to alter the
structure on "Lot A" by renovating and altering the existing
single family dwelling on a lot containing less than the required
20,000 square feet in the R -20 zoning district.
In the alternative, the Applicant is requesting Variance relief
pursuant to Nantucket Zoning Bylaw Section 139 -32 (Variances)
from the intensity regulations of Section 139 -16 (intensity
regulations - lot size).
The Applicant is also requesting Special Permit relief pursuant
to Nantucket Zoning Bylaw Section 139- 33.A.(4) in order to alter
the structure on "Lot B" by renovating and altering the existing
single- family dwelling on a lot that contains less than the
required 20,000 square feet in the R -20 zoning district and that
may not contain the required 75 feet of frontage if it is
determined that frontage cannot be taken on the easement area
that contains Westmoor Lane.
The pre- existing, side yard setback nonconformity on the south
will remain, but will not be made more nonconforming, and in all
other respects, the proposed renovation and construction will be
conforming as to all dimensional requirements of the Bylaw,
including ground cover and parking.
E
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 - lot size, setbacks, and frontage).
The Applicant has received endorsement of the Approval Not
Required ( "ANR ") plan by Planning Board, thereby creating two
separate and buildable lots.
At the hearing, it was explained that the Applicant had created
two lots pursuant to M.G.L. Chapter 41 -81L, which allows the
division of a lot into two (2) or more lots if each contain one
(1) or more structures that predate the adoption of the
Subdivision Control Law (1955).
Through the issuance of a Variance, the Board has the authority
to regulate the location and ground cover of any proposed
structure. Specifically, the Board found that the present
application meets the requirement for a Variance based upon the
uniqueness of the lot due to its creation pursuant to M.G.L.
Chapter 41 -81L, which distinguishes it from other lots in the
same zoning district. Based on this information, the Board found
that the requested relief would not derogate from the purpose and
intent of the Zoning Bylaw.
In ascertaining the uniqueness of the situation and the proposed
structure on the locus, the Board examined the neighborhood in
which the locus is located. The Board considered the neighboring
parcels in the neighborhood. The Board determined that by
limiting the subject lots to one dwelling unit, the proposal
would be in harmony and conjunction with the aesthetic of the
neighborhood.
5. Accordingly, by a vote of FOUR in favor and ONE opposed
(Poor opposed) of the sitting members, the Board of Appeals made
the finding that circumstances relating to the soil conditions,
shape or topography of such land or structures and especially
affecting such land or structures but not affecting generally the
zoning district in which it is located, a literal enforcement of
the provisions of this chapter would involve substantial hardship
to the applicant and the desirable relief may be granted without
substantial detriment to the public good and without nullifying
or substantially derogating from the intent or purpose of the
bylaw. Specifically, the lot was validly created pursuant to
M.G.L. Chapter 41 -81L and is significantly smaller than the
minimum lot size required in the R -2 district. The conflict
between the state law allowing the lot division and the intensity
regulations of the local bylaw has created a unique situation
specific to this lot.
3
6. Based upon the application and accompanying materials,
and representations and testimony received at our public hearing,
the applicant is granted Variance relief pursuant to Nantucket
Zoning Bylaw Section 139 -32 (variances) from the intensity
regulations in Section 139 -16 (intensity regulations - lot size,
setbacks, and frontage) to validate both lots as buildable and to
alter the single family dwellings on "Lot A" and "Lot B" with the
following conditions:
A: The lot dimensions and configuration shall be in
substantial conformance with the plan entitled, "Plan of Land in
Nantucket, Mass.," prepared by Bracken Engineering, Inc., dated
July 28, 2011, attached hereto as "Exhibit A;" provided that lot
line adjustments that do not create additional building lots
shall be permitted as a matter of right;
B: There shall be no secondary dwelling or studio on either
lot;
C: Any garage, if constructed, shall be limited to a one -
story structure;
D: Any future construction on either lot shall meet all
dimensional requirements of the Bylaw, including ground cover
ratio, which shall not exceed 12.50; and,
E: Access to both lots shall be via Cliff Road.
SIGNATURE PAGE TO FOLLOW
I
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Dated:
2012
Dale Aaine /V
Kose'atac
san.Mc�V-arthy
MArk`Poor
Michael Angelastro
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. January i
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