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Home My WebLink About075-11 Decision Lisa Solomon as Trustee of Surfside Way Nominee Trustut 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: ON 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:- , 212 Su an McCarth ichael Angel s ro COMMONWEALTH OF MASSACHUSETTS i Nantucket, ss. J 2012 qn this � 0 day of , 2012, before me, the undersigned Notary Public, personally appeared 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 ]Wshe signed it voluntarily for its stated purpose. Notary- ublic: My commission expires: r d . r' N/F GAIL SHARRETTS 67 -15.4 � I �t I `D ;12.00, LLJ I I I I I I I I I I I o I I I I Z 10 I I� IO 'U I I iz ['I V51 rn) I I 1.04' CD 5.25' SETBACK 64.67'/ (MAINTAIN) 52.67` /// EXISTING 2 STORY 1,350± S.F. DECK / I r I X I I I I I — PROPOSED PRIVOT - (TOP ® 4' MIN.) LEASE AREA 34 DIRT PARKING "'- FF LOT 7 AREA = 10,501 f S.F. PROPOSED PRIVOT (TOP ® 4' MIN.) IHCB- 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 NANTUCKFT S - l I I I I I I I I I 1100 I I� I I I I I I I I *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 '41 - 36124 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 INC. N- W.B.B.O. INC. 38132-C DHCB 67 -15 Np PL FND 5.00' SETBACK ►p1AN:LC' 4,', (MAINTAIN) MER F � ----- DHCB DHCB F ITEMPORARY�__ 57,25' FND I PLATFORM i__ -- i _ O SHEED . =35 S.F. 5.25' SETBACK (MAINTAIN) L PROPOSED N GARAGE /STUDIO (17'X22')li�? L- I^ GC =374± S.F. SHED' LEASE ,AREA 34 1 /2 o 0) FRANCISCO F. & * NOTE: MINIMUM DECK rn 1 16'± PRO'POSED (to be OD ESTELA 0. DERAS 67 -15.2 TURN RADIUS- ORCH (6X22'± modified) NO BACKING ONTO I ' PROPOSED SURFSIDE ROAD f 13'± / SUNROOM UNIT 1 /2 .fEMP0 4RY X34 r , I GC= 285± S.F. N/F GAIL SHARRETTS 67 -15.4 � I �t I `D ;12.00, LLJ I I I I I I I I I I I o I I I I Z 10 I I� IO 'U I I iz ['I V51 rn) I I 1.04' CD 5.25' SETBACK 64.67'/ (MAINTAIN) 52.67` /// EXISTING 2 STORY 1,350± S.F. DECK / I r I X I I I I I — PROPOSED PRIVOT - (TOP ® 4' MIN.) LEASE AREA 34 DIRT PARKING "'- FF LOT 7 AREA = 10,501 f S.F. PROPOSED PRIVOT (TOP ® 4' MIN.) IHCB- 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 NANTUCKFT S - l I I I I I I I I I 1100 I I� I I I I I I I I *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 '41 - 36124 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 INC. N- 4 1 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 Date: March 9, 2012 To: Catherine Stover, Town Clerk Z ^� D Z ^' —i 73 C M M N n M CD ::3 M cio Z p r rn N From: John B. Brescher, ZBA Administrator Re: ZBA Decision 075 -11 — Lisa Solomon, Trustee of Surfside Way Nominee Trust Dear Catherine, At the March 8th 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 jL 2 Fairgrounds Road Nantucket Massachusetts 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 twelve —(-r2+ ten (10) foot by eighteen (1:8) 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