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Home My WebLink About088-11 144 Surfside Road, LLCFee: $300.00 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Owner's name(s):144 Surf side Road, LLC Mailing address:9 Amelia Drive, Nantucket, MA 02554 Phone Number:508- 228 -3600 Applicant's name(s):Chip Webster File No. Ll E-Mail:chip@chipwebster.com Mailing Address:9 Amelia Drive, Nantucket, MA 02554 Phone Number:508- 228 -3600 E -MO :chip @chipwebster.com Locus Address: 144 Surfside Road Assessor's Map /Parcel:80 /99 Land Court Plan /Plan Book & Page /Plan File No.: Drawing 53A - Lot 3 Deed Reference /Certificate of Title: Zoning DistrictLUG -1 Uses on Lot- Commercial: None X Yes (describe) Residential: Number of dwellings 2 Duplex 0 Apartments 0 Date of Structure(s): all pre -date 7/72 Yes or (Moved to site) Building Permit Numbers: 18 -11 446 -11 Previous Zoning Board Application Numbers: N/A 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile Print Form n J M State low or attach a se arat addendum RAI.- —F spec permits or variance relief � ` 4=ALLCWAk 6 a0 E S 3 %27 S .F. TH1= 51.QZ l A G 0 Ct:�46W4fa IS 3,9115,E ReSOLMNG 19 AM o- rr`a�',f-- e:F Slq s.f'; Tff REAM REA R* ITM C Se- ICY 11 ATITtE 7VA5 PtGQ V(SMO{t C*MfE MAt f4 E rTfr_- f t$ Sr- tfAC) MEQ 0 EcFF EWE jl+c- tat mw t'i' t�lfF{GUc -T'l� GRLNtIt'i�'n-ff: tom, ?ffi� 260 ,FF. �P tAP to I certify that the information contained herein is substantially complete and true to the j SO= best of my knowledge, under rhns and penalties of perjury. SIGNATURE: • SIGNATURE: Owner* Applicant /Attorney /Agent* *If an Agent is representing the Owner or the Applicant, please 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:jj_ 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posted with Town Clerk:—/—/ Mailed:_/ / I&M_/ / & /_/ Hearing(s) held on:—/—/— Opened on:—/—/— Continued to:—/—/— Withdrawn:—/—/— Decision Due By:—/—/— Made:—/—/— Filed w /Town Clerk: /—/— Mailed:—/—/— 2 Fairgrounds Road Nantucket Massachusetts . 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile Statement of Agency 144 Surfside Road, LLC 9 Amelia Drive Nantucket, MA 02554 Chip Webster is authorized to act as 'an Agent for 144 Surfside Road, LLC. i Manager 144 SurfsIde Road, LLC dk44k1( Date Tovm of Nantucket Web GIS - Printable Map 19012 14 1 80 Town of Nantucket Web GIS 1,43.1 ad 7 j+ o 7 4 C-�l i a0 80 41.1 87 150 ( mR A?Jf ` (tj ' 0 10. 2 I a7� 87 8 87 5 1 8097.1 80 325 80 324 C& app C 12 87 18 n Prop ID 8099 i Address i 144 SURFSIDE RD 0 0.1 Owner 144 SURFSIDE RD LLC WEBSTER DAVID NOT A LEGAL DOCUMENT j PO BOX 2460 26 NANTUCKET, MA 2584 For general reference only: Important Q 01/14/2009 I 0101, i; 098 $0 80103 80102 2. Nantucket GIS Coordinator. Z .0 0 1111. 1.25 acres 80 323 ? Nantucket is for reference purposes only. The { 4 tgS } 0101. 8099 t I 80 1- - S4g_DER 80 315 f -- -AV - - -- E` 1 .2 t 0 ti a0 3z 1 8036 f 1 M. F29 80 8 g0 37 1 . ri 033 80 35 I 033.1 87 150 ( mR A?Jf ` (tj ' 0 10. 2 I a7� 87 8 87 5 1 8097.1 80 325 80 324 C& app C 12 87 18 n Prop ID 8099 i Address i 144 SURFSIDE RD 0 0.1 Owner 144 SURFSIDE RD LLC WEBSTER DAVID NOT A LEGAL DOCUMENT j PO BOX 2460 26 NANTUCKET, MA 2584 For general reference only: Important Sale Date 01/14/2009 caveats which must be considered when Sale Price $0 using this data are available from the i Book /Page 01166/0284 Nantucket GIS Coordinator. Z Disclaimer The information displayed on this or i Lot Size 1.25 acres any other map produced by The Town of Nantucket is for reference purposes only. The Page I of 1 so 1'N 0 . 1 a0 80 321 V 80 29 80 25�' v 0 0.1 _ 8024 80 23 Q I. � j 8022 0 1 118 19 26 l� 87 19 - l� own o antuc et oes not guarantee the accuracy of the data. Users are responsible for Town of Nantucket, Massachusetts determining the suitability for individual needs. All information is from the Town of Nantucket Map Composed Geographic Information System (GIS) database. 11/14/2011 Copyright 2005 Town of Nantucket, MA. All rights reserved. Developed by AppGeo http: // host. appgeo. com /nantucketma/PrintableMap.aspx ?Preserve= Width &MapWidth =l 7... 11/14/2011 ?1 �3 'fN Y-A, V gis zm,, I rj 3 oq-zli 9 DON g-s"S" MAIM TBVIbVA on,and t Gvo'lli (133SIS 311L!AVI VIA V I z Nk1 1 3 _J Date: January 13, 2012 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 088 -11 Owner /Applicant: 144 SURFSIDE ROAD, 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. t4t&dSj - h1A I " 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 144 Surfside Road Assessor's Map 80 Parcel 99 Plan File 53A- Lot 3 nir7cT,;inN- Book 116, Page 284 Limited Use General -1 1. At a public hearing of the Nantucket Zoning Board of Appeals on Thursday, December 8, 2011, at 12:30 P.M., at 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the Application in Zoning Board of Appeals File No. 088 -11 by 144 Surfside Road LLC, a Massachusetts limited liability company with an address of 9 Amelia Drive, Nantucket, Massachusetts, 02554, concerning land now known and numbered as 144 Surfside Road, Nantucket, Massachusetts (the locus), being land shown on Assessor's Map 80 as Parcel 99 and a Lot 3 on Plan File 53A at the Nantucket Registry of Deeds. 2. Applicant requested a Variance relief pursuant to Nantucket Zoning Bylaw Section 139 -32 (variances) from the intensity regulations in Section 139 -16 (intensity regulations - ground cover) to validate the relocation of a house from Easton Street and a cottage from Huckleberry Lane to the locus. The locus is in the Limited Use General -1 zoning district, which provides for a maximum ground cover ratio of 7 %. The lot as improved has a total ground cover of 3,911 SF, which is an overage of 84 SF, resulting in a ground cover ratio of just under 7.2 %. 3. Our Decision is based upon the Application and accompanying materials, representations and testimony received at the public hearing. The Planning Board made no recommendation as this was not a matter of planning concern. There were no letters regarding the Application on file, and no public comments from the audience or the Zoning Enforcement Officer. 4. At the hearing, Attorney Steven Cohen represented the Applicant. Attorney Cohen informed the Board that the Applicant requested Variance relief pursuant to Nantucket Zoning Bylaw Section 139 -32 from the intensity regulations found in Section 139 -16 in order to accommodate two structures recently relocated to the lot by the Applicant. In this situation, the Applicant had applied for and received all applicable permits to relocate both structures, but the measurements involved in permitting for the larger structure has been off slightly. The reason that the measure measurements were off is that the house had been estimated to have a ground cover of 2600 SF but it ended up having a ground cover of 2690 SF. The Applicant was unable to get accurate measurements because at the time it was measured and acquired, the structure had already been donated to the Town, cut up into four pieces, and moved off its former lot. However, when the Town (through the Affordable Housing Trust Fund) then had permitting problems with the destination lot, the Applicant had stepped in to help by reimbursing the Town for $60,000 in expenses and taking the house pieces. The Applicant was unable to get accurate measurements for the cut up house until it was moved on to the lot and assembled. At that time, the cottage had already been moved to the lot and located behind the house. Attorney Cohen also noted that because both the house and cottage are essentially rectangles with full basements under them, there is no simple or reasonable way to cut off a mass from either structure to reduce the ground cover ratio. 5. Therefore, the Board finds that this was a unique situation, with a substantial public benefit, that a literal enforcement of the provisions of the Zoning By -law would involve substantial hardship to the Applicant, and that Variance relief may be granted without substantial detriment to the public good and without substantially derogating from the purpose and intent of the Bylaw. 6. Accordingly, by a motion made and duly seconded, by a supermajority vote of FOUR in favor (O'Mara, Koseatac, Wayne, and McCarthy) and ONE opposed (Angelastro) the Board voted to GRANT the requested VARIANCE pursuant to Nantucket Zoning Bylaw Section 139 -32 from the intensity regulations in Section 139 -16 to allow the Applicant to allow for a total ground cover of 7.2% as shown on the plan entitled, "As -Built Plot Plan in Nantucket, MA," prepared by Bracken Engineering, Inc., dated November 14, 2011, attached hereto as "Exhibit A." SIGNATURE PAGE TO FOLLOW 2 COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. On this day ofd, before e undersigned Notary Public, personally appeared t'vA-7 -� , who is personally known to me, and who is the person whose name is signed on the preceding or attached document, and who acknowled e t e that he /she signed it voluntarily for its stated purpose. 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