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HomeMy WebLinkAbout2011-9-29PUBLIC NOTICE A PUBLIC HEARING of the NANTUCKET ZONING BOARD OF APPEALS is scheduled for 1:00 PM October 13, 2011 in the Public Safety Facility Community Room at 4 Fairgrounds Road, Nantucket, MA, 02554. The application materials may be reviewed at the Zoning Board of Appeals office at 2 Fairgrounds Road, Nantucket, MA 02554 between the hours of 8:30 A.M. and 4:30 P.M., Monday through Friday. Please submit written comments for the October 13, 2011 meeting by 4:30 PM on Wednesday October 5, 2011 and address them to the Nantucket Zoning Board of Appeals at the above address, faxed to (508) 228 -7298, or e- mailed to ibrescher@ilantucket- ma.gov OLD BUSINESS: REIS (085 -06): CONTINUED TO APRIL 12, 2012 RICHARD J. GLIDDEN, TRUSTEE OF 86 MAIN STREET REALTY TRUSTr, FILE NO. 038-11 ALBERT ELLIS AND ERIC A. KATZ, TRUSTEES OF FINBACK HOMEOWNERS ASSOCIATION TRUST, FILE NO. 048-11 DOUGLAS J. HEPWORTH AND CECILIA L. HEPWORTH, FILE NO. 057-11 COSBY GEORGE AS OWNER, JESSIE M. GLIDDEN, TRUSTEE OF SCONSET HOME REALTY TRUST AS APPLICANT, FILE NO. 058-11 NEW BUSINESS• The following aizenda items will be discussed October 13, 2011: MARK O'BANION, FILE NO. 050-11 Appellant is appealing the Cease, Desist, and Abate Order of the Zoning Enforcement Officer and requesting a finding from the Board of Appeals that the proposed activity on the Locus is permissible as a home occupation as defined in Nantucket Zoning Bylaw Section 139 -2 (definitions — home occupation use). Said Order prohibits the use of Food Processing on the Locus. The Locus is situated at 29 Daffodil Lane, is shown on Nantucket Tax Assessor's Map 68 as Parcel 745, Lot 634 on Land Court Plan No. 16510- 40, and is registered as Certificate of Title No. 19,927 in the Nantucket County Registry District of the Land Court. The property is zoned Residential — 20. CROWELL FREEMAN AND KATHY STEVENS, FILE NO. 059-11 Applicants are requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(3)(a) and (4) (alteration of preexisting nonconforming structure) in order to alter the pre- existing nonconforming structure on the Locus without increasing the nonconforming nature of the structure. The structure is nonconforming as to side yard setback, having a side yard setback of 4.61 feet in a zoning district that requires a five (5) foot side yard setback. In the alternative, 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 — setbacks) in order to complete the work requested. The Locus and structures thereon are otherwise conforming to the intensity regulations of the Residential -1 zoning district. The Locus is situated at 32B Hulbert Avenue, is shown on Nantucket Tax Assessor's Map 29 as Parcel 72. 1, is shown on Land Court Plan 11454 -C, and is registered as Certificate of Title No. 10,308 in the Nantucket County Registry District of the Land Court. The property is zoned Residential — 1. ASHLEY GEBHARDT, FILE NO. 060-11 Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139 -33.A. (4) and (5) (alteration of preexisting nonconforming structure) in order to alter the pre- existing nonconforming single family dwelling without increasing the nonconforming nature of the structure. The structure is nonconforming as to front yard setback, being sited as close as 27.5 feet from the front yard setback in a zoning district that requires a thirty (30) foot front yard setback. The Locus and structures thereon are otherwise conforming to the intensity regulations of the `Sconset Residential — 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 in Section 139 -16 (intensity regulations — setbacks) in order to complete the work requested. The Locus is situated at 15 Clifton Street, is shown on Nantucket Tax Assessor's Map 73.4.1 as Parcel 73, and is recorded in the Nantucket County Registry of Deeds in Book 836, Page 190. The property is zoned `Sconset Residential — 20. EDWARD F. AHNEMANN, III, FILE NO. 061-11 Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(4) (alteration of preexisting nonconforming structures and lots) in order to alter the preexisting nonconforming lot by adding a 240 square foot garage to the Locus. As a result of said alteration, the preexisting nonconforming ground cover ratio will be increased from 4.57% to 5.36% in a zoning district that allows a maximum ground cover ratio of 3 %. 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 — ground cover) to complete the work requested. The Locus is situated at 26 Sesapana Road, is shown on Nantucket Tax Assessor's Map 68 as Parcel 98, is shown on Land Court Plan No. 14664 -C, and is registered as Certificate of Title No. 14,619 in the Nantucket County Registry District of the Land Court. The property is zoned Limited Use General — 3. PEACEFUL NEIGHBORS, LLC, FILE NO. 062-11 Applicants are requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 16.C.(2) (unintentional setback intrusions) in order to validate the existing setback intrusion in the rear yard setback from construction that was completed in 2005. The structure is sited as close as 4.21 feet from the rear yard setback in a zoning district that requires a five (5) foot rear yard setback. The Locus and structures thereon are otherwise conforming to the intensity regulations of the Residential —1 zoning district. 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 setback intrusion. The Locus is situated at 14 Mount Vernon Street, is shown on Nantucket Tax Assessor's Map 55.4.4 as Parcel 34, and is recorded at the Nantucket County Registry of Deeds in Book 516, Page 58. The property is zoned Residential — 1. RABBIT RUN, LLC, FILE NO. 063-11 Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 16.C.(2) (unintentional setback intrusion) in order to validate an unintentional setback intrusion of 1.5 feet into the front yard setback requirement. The porch is sited approximately 33.5 feet from the front yard setback in a zoning district that requires a thirty -five (35) front yard setback. The Applicant also requests a modification to Special Permit No. 007 -07 seeking to validate the ground cover of the structure as- built. The Applicant is proposing to allow the ground cover of the structure to be increased by about twenty -five (25) square feet from 2,346 to 2,381 square feet. 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 — ground cover, setbacks) to validate the structures as- built. The Locus is situated at 18 Rabbit Run Road, is shown on Nantucket Tax Assessor's Map 43 as Parcel 176, is shown as Lot 1 on Land Court Plan 13364 -D, and is registered as Certificate of Title No. 23,371 in the Nantucket County Registry District of the Land Court. The property is zoned Limited Use General — 3. KENNETH C. COFFIN, INC., FILE NO. 064-11 Applicant is requesting Variance relief pursuant to Nantucket Zoning Bylaw Section 139- 32 (Variances) from the intensity regulations in Section 139 -16 (intensity regulations — frontage) to validate the buildability of the Premises for single - family residential purposes. The Locus is situated at Rear Plainfield, is shown on Nantucket Tax Assessor's Map 49.3.2 as Parcel 2, and is recorded at the Nantucket County Registry of Deeds in Book 261, Page 171. The property is zoned `Sconset Residential — 20. WHITE WHALE LANE, LLC, FILE NO. 065-11 Applicants are requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(3)(a) and (4) (alteration of preexisting nonconforming structure) in order to alter the pre- existing nonconforming structure on the Locus without increasing the nonconforming nature of the structure. The structure is nonconforming as to side yard setback, having a side yard setback of ten (10) feet in a zoning district that requires a fifteen (15) foot side yard setback and nonconforming as to front yard setback being sited as close as 11.2 feet from the front yard setback in a zoning district that requires a thirty (30) foot front yard setback. In the alternative, 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 — setbacks) in order to complete the work requested. The Locus and structures thereon are otherwise conforming to the intensity regulations of the Village Residential zoning district. The Locus is situated at 54 Tennessee Avenue, is shown on Nantucket Tax Assessor's Map 59.4 as Parcels 96 and 98, and is registered as Certificate of Title No. 22,726 in the Nantucket County Registry District of the Land Court. The property is zoned Village Residential. STEPHEN B. COHEN, FILE NO. 066-11 Applicant is requesting a Modification of the existing Variance relief in Decision No. 027 -05 and, to the extent necessary, Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139 -30 (Special Permits) from the requirements in Section 139 -18.13 (Off - Street Parking Requirements) and Section 139 -20.1 (Driveway Requirements) in order to waive the two (2) off - street parking spaces required in the Limited Use General — 3 zoning district and to allow the provision of one (1) 17' x 7' parking space parallel to Baxter Road on the 116 Baxter Road property. In the alternative, Applicant seeks a special permit under By -law § 139 - 18.13(1) to allow one or both of the required parking spaces to be located upon the Applicant's property at 117 Baxter Road, across Baxter Road from the 116 Baxter Road property. The Locus is situated at 116 and 117 Baxter Road, Siasconset, is shown on Nantucket Tax Assessor's Map 48 as Parcels 9 and 34, is shown as Lot 2, Land Court Plan No. 36509 -B, is recorded at the Nantucket County Registry of Deeds in Book 575, Page 163, and is registered as Certificate of Title No. 21113 in the Nantucket County Registry District of the Land Court. The property is zoned Limited Use General — 3. 9 LILY STREET NOMINEE TRUST, FILE NO. 067-11 Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Sections 139- 18.B.(2) (Parking Requirements), 139 -30.A (Special Permits), and 139 - 33.A and E. (alteration of preexisting nonconforming structures) to alter and extend a preexisting nonconforming structure on a preexisting nonconforming lot. The Applicant proposes to relocate and alter and extend the existing single family dwelling by renovating and expanding it in a different, conforming location on the Locus and to construct a garage storage building in a conforming location on the Locus. The Locus will continue to be nonconforming as to parking, with no parking being provided on site, and one (1) space being required, and Applicant seeks relief from such requirement by special permit pursuant to By -law §139- 18.B(2). The Applicant seeks a special permit relief pursuant to Section 139- 33.E.(2)(a) to allow total ground cover of about 1,421 square feet on the Locus or a ground cover ratio of about 48.5 %. The Locus is nonconforming as to lot area, having total lot area of about 2,928 square feet, with 5,000 square feet being the minimum lot area required; as to frontage, having frontage of about 48.80 feet, where the minimum required frontage is fifty (50) feet; and as to parking, with no parking being provided and with one parking space being required under the Bylaw. The existing single - family dwelling upon the Locus is nonconforming as to side and rear yard setbacks, having at its closest points, rear yard setback of about 0.8 feet and side yard setback on the east of about 2.1 feet, in a zoning district that requires a minimum side and rear yard setback of five (5) feet. The Locus is situated at 9 Lily Street, Siasconset, is shown on Nantucket Tax Assessor's Map 73.3.1 as Parcel 113, is shown as Lot D on Plan Book 15, Page 67, and is recorded at the Nantucket County Registry of Deeds in Book 1254, Page 266. The property is zoned `Sconset Old Historic. J. RODERICK B. PEACKOCK AND MARIA PEACOCK, FILE NO. 068-11 Applicants are requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 16.C.(2) in order to validate the unintentional setback intrusion of about five (5) inches into the required five (5) foot side yard setback. In the alternative, the Applicants are 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 intrusion. The Locus is situated at 26 King Street, Siasconset, is shown on Nantucket Tax Assessor's Map 73.4.2 as Parcel 111, is shown as Lot 1, Plan File 49 -K, and is recorded at the Nantucket County Registry of Deeds in Book 518, Page 131. The property is zoned `Sconset Residential — 1. ERF, LLC, FILE NO. 069-11 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 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 I 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.