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Home My WebLink About088-11 144 Surfside Rd LLC pIT,TUC�(-F�„ TOWN OF NANTUCKET BOARD OF APPEALS N NANTUCKET, MASSACHUSETTS 02554 Date: January 13, 2012 L; 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 . ,teihsidatJ „ft f boy 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 Book 116, Page 284 Assessor's Map 80 Parcel 99 Limited Use General - 1 Plan File 53A- Lot 3 DECISION: 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 ja-dfeT: \TNwY3-1 6 1 Dare-WE; Mich. •1 J.i4_a ""NoI Koseatac I u„, it As Sus.n McCarthy r ichael Ange a g tro COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. ZmTerl ,2OT7 On this \ ie day of , before , e undersigned Notary Public, personally appeared ;w C'v ■ , 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 s to e that he/she signed it voluntarily for its stated purpose. 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