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Home My WebLink About069-11 108 Cliff Road, ERF, LLC `~M - TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: January 19, 2012 .� 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. L , S. Its C '01 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 1 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 1A 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. 2 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 . 5%; and, E: Access to both lots shall be via Cliff Road. SIGNATURE PAGE TO FOLLOW 4 7 p Dated: MJl 2012 ',/� /Q'.e- ".'- Dale lame / Aii / 4r/AOPP' < ---'---' ,-/'--0:7- Koseatac Co Susan c arthy - M.rk' oor Z/P Michael Angelastro COMMONWEALTH OF MASSACHUSETTS Nantucket, ss . January 4 , 2012 On this `0 day of January, 2012, before me, the undersigned N t ry ub i , personally appeared 1�,o4 f*( L'141*, , who is personally known to me, and who is the person whose name is signed on the receding or attached document, and who acknowledged to me that /she signed it voluntarily for its stated purpose. 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