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Home My WebLink About075-11 34 SurfsideI %. TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: February 10, 2012 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No 075 -11 Owner /Applicant: LISA SOLOMON, AS TRUSTEE OF SURFSIDE WAY NOMINEE TRUST 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 67, Parcel 15.3 Land Court Plan 38132 -C, Lot 7 34 Surfside Road Certificate of Title No. 20,466 Residential - 10 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, January 12, 2012, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of LISA SOLOMON, AS TRUSTEE OF SURFSIDE WAY NOMINEE TRUST, c/o Reade, Gullicksen, Hanley & Gifford, LLP, 6 Young's Way, Post Office Box 2669, Nantucket, MA 02584, File No. 075 -11: 2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 16.C.(1) (setbacks - reducing side yard setback from ten feet to five feet) in order to reduce the required side yard setback from ten (10) feet to five (5) feet in connection with the construction of a proposed garage /studio to be sited approximately 5.25 feet from the side and rear yard setbacks in a zoning district that requires a ten (10) foot side and rear yard setbacks. The applicant also proposes to construct a new sunroom addition, to be sited about 5.25 feet from the southerly side lot line. An existing deck is sited as close as about 8.4 feet from the southerly side lot line; this condition has existed since at least 1992 and is accordingly protected from enforcement. The Applicant also requests Special Permit relief pursuant to Section 139- 16.C.(2) in order to validate this setback intrusion. 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 34 Surfside Road, is shown on Nantucket Tax Assessor's Map 67 as Parcel 15.3, is shown on Land Court Plan 38132 -C as Lot 7, and is registered on Certificate of Title No. 20,466 in the Nantucket County Registry District of the Land Court. The property is zoned Residential - 10. 1 3. Our decision is based upon the application and accompanying materials, representations, and testimony received at our public hearing. There was no Planning Board recommendation on the basis that no matters of planning concern were presented. One letter was received in favor of the application. Counsel retained by an abutter was present at the hearing to speak in opposition to the matter. 4. Attorney Arthur Reade represented the Applicant. Attorney Reade explained to the Board that the Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 16.C.(1) (setbacks - reducing side yard setback from ten (10 ) feet to five ( 5 ) feet) in order to reduce the side yard setback from ten (10) feet to five (5) feet in connection with the construction of a proposed garage /studio to be sited approximately 5.25 feet from the side and rear yard lot lines in a zoning district that requires a ten (10) foot side and rear yard setback. Attorney Reade further explained to the Board that the Applicant also proposes to construct a new sunroom addition, which will be sited approximately 5.25 feet from the southerly side yard lot line. An existing deck is sited as close as about 8.4 feet from the southerly side yard lot line, but this encroachment has existed since at least 1992 and is protected from enforcement. Attorney Bill Hunter, representing Gail Sharretts, spoke against the application. Attorney Hunter explained to the Board that his client is concerned with the lack of screening and any possible commercial uses on the Locus. 5. Therefore, after a discussion with the Applicant and Counsel for the Applicant, the Board finds that such a Special Permit may be granted to reduce the side yard setback from ten (10) feet to five (5) feet to allow the construction of the garage /studio because such a permit would be in harmony with the general purpose and intent of the Zoning Bylaw. 6. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board of Appeals made the finding that a Special Permit reducing the side yard setback from ten (10) feet to five (5) feet could be granted to the Applicant in order to allow the Applicant to site a garage /studio as close as 5.25 from the side yard setback would be in harmony with the general purpose and intent of the Zoning Bylaw with the following conditions: 2 a. The structure shall be sited as shown on the attached site plan entitled, "Proposed ZBA Site Plan," prepared by Nantucket Surveyors, LLC, dated January 31, 2012, attached hereto as "Exhibit A "; b. The screening shall be done in substantial conformance with the attached site plan entitled, "Proposed ZBA Site Plan," prepared by Nantucket Surveyors, LLC, dated January 31, 2012, attached hereto as "Exhibit A "; C. A twelve (12) foot by eighteen (18) foot apron shall be installed; d. There shall be no commercial use in either of the structures; and, e. No permits shall be issued until the proposed work has been completed and the required screening and apron have been installed. SIGNATURE PAGE TO FOLLOW 3 Dated: k C. U 2012 Su an McCarth ichael Angel s ro COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. i�_ 2012 �T4n this 0 day of , 2012, before me, the undersigned Notary Public, personally appeared 'I (,,. , who is personally known to me, and who is the person whose name is signed on the preceding or attached document, and who acknowledged to me that she signed it voluntarily for its stated purpose. Nota - ublic: My commission expires: 1 (Tj tD iy 7- W.B.B.O. INC. DHCB 67 -15 FND 5.00' SETBACK (MAINTAIN) P o ? EGG ITEMPORARY�_ -- -, 57.25' ,oh 1 PLATFORM ` NO. 38132-C MERIDIAN: L.C. PL. DHCB FND 1 G =35�` S.F. L PROPOSED i N GARAGE /STUDIO L- (17'X22') I^ GC =374± S.F. - I I _ ; .'. SHFf;I GC -7,5-: S.r. LEASE,AREA 34 1/2 1 rn *NOTE: MINIMUM I PROPOSED DECK 7M TURN RADIUS- 16't ORCH (6'X22'± modified) NO BACKING ONTO I i / / i i SURFSIDE ROAD 1 / 13'± . I N/F GAIL SHARRETTS 67 -15.4 NELANDING 0) I 1 d� I '12.00, Ct I I 1 I 1 I I I I 1 � 1 I 1 Iz Ip I 10 IU I I ^� N I cb �I 0)I I � LOT 7 AREA = 10,501 f S.F. PROPOSED PRIVOT (TOP ® 4' MIN.) 5.25' SETBACK (MAINTAIN) N/F FRANCISCO F. & ESTELA 0. DERAS 67 -15.2 PROPOSED SUNROOM - 15'X19' GC =285± S.F. //,(' 5.25' SETBACK 64.67' �/ / / (MAINTAIN) 52.67 /// EXISTING / *g,4'± v 2 STORY 1,350± S.F. DECK r /l I I 1 / 1 I 1 I — PROPOSED PRIVOT - (TOP ® 4' MIN.) LEASE AREA 34 Cn DIRT PARKING °= I+ DHCB 75.00' FND SURFSIDE CURRENT ZONING: R -10 (PWR) MINIMUM LOT SIZE:10,000 S.F. MINIMUM FRONTAGE: 75' FRONTYARD SETBACK: 20' SIDE AND REAR SETBACK:10' ALLOWABLE G.C.R.: 25% EXISTING G.C.R.: 13.5% (TO CORNERBOARDS) PROPOSED G.C.R.:19.1% (TO CORNERBOARDS) THE PREMISES SHOWN ON THIS PLAN ARE LOCATED WITHIN THE 'C" ZONE AS DELINEATED ON THE "FIRM" MAP OF COMMUNITY NO. 250230- 0011D; MAP REVISED: JULY 2, 1992 BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN RELIES ON CURRENT DEEDS AND PLANS OF RECORD, VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TITLE EXAMINATION OR A RECORDABLE SURVEY. N.B. 54/146 COPYRIGHT BY NANTUCKET SUR 1 I I I I I I I 1 I IOD I I 1 I I I I 1 1 1 *NOTE: DECK SETBACKS WERE IN VIOLATION OF 10' ZONING REQUIREMENT, AS EARLY AS 6/8/92 AND AS SUCH ARE AFFORDED PROTECTION UNDER CHAPTER 40A, SECTION 7. (NOTE: PER 9/25/02 AS BUILT) RELIEF GRANTED 01/12/12 BY ZBA DHCB FND ROAD PAUL J. SANTOS '0. 36124 //�v/1-1- PROPOSED ZBA SITE PLAN #34 SURFSIDE ROAD IN NANTUCKET, MASSACHUSETTS SCALE: 1"=20' DATE: 9/26/11 REVISED: 1/31/12 DEED REFERENCE: L.C. CERT. #20466 PLAN REFERENCE: L.C. PL. NO. 38132 -C ASSESSOR'S REFERENCE: MAP: 67 PARCEL: 15.3 PREPARED FOR: SURFSIDE WAY NOMINEE TRUST NANTUCKET SURVEYORS LLC 5 WINDY WAY NANTUCKET, MA. 02554 Z Z TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 r Date: March 9, 2012 M To: Catherine Stover, Town Clerk � From: John B. Brescher, ZBA Administrator Re: ZBA Decision 075 -11 — Lisa Solomon, Trustee of Surfside Way Nominee Trust Dear Catherine, N O r-J fV M N n M D < M 0 ca N cn At the March 8`" 2012 monthly meeting of the Zoning Board of Appeals, the Board found that condition (c) should read, "a ten (10) foot by fifteen (15) foot apron shall be installed." The original condition (c) required a twelve (12) foot by eighteen (18) foot apron and this requirement exceeded the standards in Nantucket Zoning Bylaw Section 139- 20.1.(B)(2)(d). Accordingly, by a unanimous vote of the sitting Board members, the Board modified condition (c) of Decision No. 075 -11 to read, "a ten (10) foot by fifteen (15) foot apron shall be installed," in order to reflect the standards as set forth in Nantucket Zoning Bylaw Section 139 -20.1. (B) (2) (d). This is a technical correction that will not restart the appeal period. Sincerely, John B. Brescher Zoning Board of Appeals Administrator 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile a. The structure shall be sited as shown on the attached site plan entitled, "Proposed ZBA Site Plan," prepared by Nantucket Surveyors, LLC, dated January 31, 2012, attached hereto as "Exhibit A "; b. The screening shall be done in substantial conformance with the attached site plan entitled, "Proposed ZBA Site Plan," prepared by Nantucket Surveyors, LLC, dated January 31, 2012, attached hereto as "Exhibit A "; C. A mt-we-lve (1 ten (10 ) foot by �-htee-' ! 1 ° ` J -- fifteen (15) foot apron shall be installed; d. There shall be no commercial use in either of the structures; and, e. No permits shall be issued until the proposed work has been completed and the required screening and apron have been installed. SIGNATURE PAGE TO FOLLOW 3 TOWN OF NANTUCKET Z o BOARD OF APPEALS G NANTUCKET, MASSACHUSETTS 0254 � w rn rn � o Date: July 13, 2011 ►-� r w rn CO To: Parties in Interest and Others concerned with the Decision The BOARD OF APPEALS in the Application of the following: Application No: Owner /Applicant: WIR -11 T.TSA SOLOMON. TRUSTEE OF SURFSIDE WAY NOMINEE TRUST of Enclosed is the Technical Amendment of the BOARD OF APPEALS which has this day been filed with the office of the Nantucket Town Clerk. i'l � , 171"z ()1w 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 67, Parcel 15.3 Land Court Plan 38132 -C Certificate of Title No. 20466 Lot 7 Residential -10 34 Surfside Road TECHNICAL CORRECTION TO DECISION IN FILE NO. 075 -11: The Board of Appeals filed its Decision in the above matter with the Nantucket Town Clerk on February 10, 2012, granting relief by Special Permit from the side yard setback requirement of 10 feet, under the provision in Nantucket Zoning By -law §139- 16.C(1) allowing reduction of the side yard setback requirement in the Residential -10 zoning district, in connection with the applicant's proposal to site a new garage /studio structure approximately 5.25 feet from the southerly side lot line, and a sunroom addition, also to be sited about 5.25 feet from the southerly side lot line. Although the decision referred to both the new garage /studio structure and the sunroom addition, the finding and vote of the Board of Appeals, as set forth in Paragraphs 5 and 6 of the decision, mentioned only the garage /studio structure and not the sunroom addition. This omission was made through inadvertence; the intended action of the Board of Appeals was to grant the Special Permit relief with respect to both the garage /studio structure and the sunroom addition. Further, in subparagraph 6.e of the Decision, it was provided that "no permits shall be issued until the proposed work has been completed and the required screening and apron have been installed ". This language is confusing; it was the intent of the Board of Appeals, as discussed at the meeting, that this condition would provide that the required screening and apron must be installed prior to the issuance of a building 1 F: \shared \WpS \Solomon \Lisa \Technical Correction to 1EA oecislon.do .. permit for the construction of the work allowed by the Special Permit. Accordingly, the Board of Appeals, by unanimous action, hereby makes this technical correction to its Decision, by striking Paragraphs 5 and 6 of the Decision, and by replacing them with the following new Paragraphs 5 and 6: 5. Therefore, after a discussion with the Applicant and Counsel for the Applicant, the Board finds that such a Special Permit may be granted to reduce the side yard setback from ten (10) to five (5) feet to allow the construction of the garage /studio and the sunroom addition because such a permit would be in harmony with the general purpose and intent of the Zoning By -law. 6. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board of Appeals made the finding that a Special Permit reducing the side yard setback from ten (10) feet to five (5) feet could be granted to the Applicant in order to allow the Applicant to site a garage /studio and a sunroom addition as close as 5.25 feet to the southerly side lot line and would be in harmony with the general purpose and intent of the Zoning By- law, with the following conditions: (a) The structures shall be sited as shown on the site plan attached to the Decision as Exhibit A, prepared by Nantucket Surveyors LLC and dated January 31, 2012; (b) The screening shall be done in substantial conformance with the aforesaid site plan attached to the Decision as Exhibit A; (c) A ten (10) feet by fifteen (15) feet apron shall be installed at the entrance to the driveway from Surfside Road; (d) There shall be no commercial use in either of the structures; and (e) No building permits shall be issued for the construction of the proposed work under the Special Permit granted by the Decision until the required screening and apron have been installed. 2 F: \Shaced\Wps \S,10 n \Lisa \-ethnical C— ection to ZBA dec —n.d.— Dated: 1(, 2012 A ( Sus McCarthy_- ✓ Michael Angelastro COMMONWEALTH OF MASSACHUSETTS �z' Nantucket, ss. 2012 On this day of 2012, b f� I me, the undersigned Notar Public, personally appeared who is personally known to me, and who is one of the persons whose name is si ed on the preceding document, and acknowledged to me that he nsigned it voluntarily for its stated purpose. —4A Notary ublic My commission expires: IIN&P 3 F: \_hated \WpS \Solomon \Li =_a \Technical Cottection to ZBA dec-1— d-