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HomeMy WebLinkAbout058-12 6 Gardner Road decision in 2017 also0 0 TOWN OF NANTUCKET BOARD OF APPEALS Gn NANTUCKET, MASSACHUSETTS 02554 w w Date: September -14, 2017 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No.: 058-12 Owner/Applicant: WILLIAM J. RICHARDS and GARY S. MCBOURNIE Property Description 6 Gardner Road Map 43 Parcel 8 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 Nantucket Superior Court or 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. Eleanor W. Antonietti, Zoning Administrator 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 508-325-7587. NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 43, Parcel 8 Certificate of Title No. 24255 6 Gardner Road Land Court Plan 18172-A Limited Use General One (LUG -1) DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, August 10, 2017, at 1:00 P.M., in the First Floor Community Room of the Public Safety Facility at Four Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the request for RESCISSION by WILLIAM J. RICHARDS AND GARY S. MCBOURNIE, c/o Patricia Halsted, Esq., 4 North Water Street, Nantucket, Massachusetts 02554, File No. 058-12: 2. Applicant is seeking to rescind and vacate Prior Variance Decision granted on October 11, 2012 to allow an expansion which would have resulted in further increasing the ground cover ratio from 7.4% in a district where 7% is the maximum ground cover ratio allowed. The Locus is situated at 6 Gardner Road, is shown on Tax Assessor's Map 43 as Parcel 8, and upon Land Court Plan 18172-A. Evidence of owner's title is registered as Certificate of Title No. 24255 in the Nantucket County District of the Land Court. The site is zoned Limited Use General 1 (LUG -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 this matter is not of planning concern. There was no opposition, written or oral, to the application. 4. Applicant's representative explained the request to rescind Board of Appeals Variance Decision File No. 058-12 and registered as Document 139757 with the Nantucket County Registry District of the Land Court. At the July 13, 2017 hearing, applicants had applied for and ended up withdrawing a request to modify the 2012 VARIANCE granted to allow an overage of ground cover. The July request was specific to eliminating condition (a) below: a. That the shed sited on the westerly side of the Locus shall be removed and there shall be no further shed allowed on the Locus without further relief from this Board; [... ] During the discussion at the July hearing, it became evident that the Variance relief was no longer needed as the ground cover overage which had originally necessitated relief had in fact 2 never resulted in the course of construction. The most recent As -Built, attached herewith as "Exhibit A", shows a compliant ground cover ratio of 6.99 %. 5. The applicant clarified at the July hearing that an existing dilapidated shed will be demolished and replaced with a new "zoning" shed. Pursuant to the definition of Ground Cover in Section 139-2.A, a single detached shed with a ground cover of less than 200 square feet does not contribute to ground cover calculations. 6. Therefore, based upon the application materials and testimony received at the public hearing, the Board finds that 2012 Variance relief encumbering the locus is no longer required and herewith rescinds and vacates said decision. Specifically, the lot is currently conforming as to the dimensional provisions of Section 139-16 and, as such, in compliance therewith. No evidence was presented to support the need for variance relief for waivers from any sections of the Zoning Bylaw. 7. Accordingly, by UNANIMOUS VOTE of the sitting members of the ZONING BOARD OF APPEALS, the Zoning Board of Appeals GRANTS the RESCISSION of previously issued VARIANCE decision in File No. 058-12. $IC,�,NA!VRE PAGE TQ, FQLLQW Assessor's Map 43, Parcel 8 6 Gardner Road Limited Use General One (LUG -1) Dated: 4 /0 , 2017 County of Nantucket, ss Certificate of Title No. 24255 Land Court Plan 18172-A Kerim Koseatac COMMONWEALTH OF MASSACHUSETTS On the day of�,20�17,be�foreme, the undersigned notary public; personally appeared , one of the above-named members of the Zoning Board of Appeals of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that he signed the fore ing instrument voluntarily for the purposes therein expressed. Official Signature and Seal of Notary Public My commission expires: � LESLIE WOODSO�J SNELL NOTARY PUBLIC commoNwr: TK OF ru MHUsEns My Comm. Expires SepL 28, 2018 0) O) L o aLr,E . 0 0 oor)oo n af C; - 11-11W d' II Y II II O > O 'C9 mQYmU I� U �ZV L� W mlo � F --o 0U>O cIf OW QtrO O U ��}<Q O U DDF- )-ZZ 2:2ZOfW 7V- zZonp 0 X 0 w Z O M w Ow or N J U � a a 0. a m O O OA 2 !n a \ \ y w z _ 0 f y O } < ) 1p c pz phe o Y - N W w Uoe W ,b N < K W m ZLLBL 'O'D'l m ij M N U \\ \ a a 0. r O OA a \ \ y i I 1 "EXHIBIT A" M N r O a w z Z � < O U II n > LJ z o Y - N j D W ,b N FLLJ Z J < K W < u z (if U V, 70 Q O m a < U N � M } < Q U E v� mn © O o] N OO . . V) ZW 3 w ( U2- U O < U Fee: $300.00 Print Form TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Z ^� D o� 2 N --j Cn ;K rn s rn --AM M m � File No. O Sf t Z Owner's name(s):William J. Richards and Gary S. McBournie Mailingaddress:4 North Water Street, Nantucket, MA 02554 Phone Number:508-228-0444 E,-Mail:patricia@halstedlaw. com Applicant's name(s):Same Mailing Address: same Phone Number:Same E -Mail: Same Locus Address: 6 Gardner Road Assessor's Map/Parcel:43/8 Land Court Plan/Plan Book & Page/Plan File No.: L . C . Plan No. 18172-A Deed Reference/ Certificate of Title: 24, 255 Zoning DistrictLUG-1 Uses on Lot- Commercial: Nonex Residential: Number of dwellingsl Yes (describe) Duplex 0 Apartments 0 Date of Structure(s): all pre -date 7/72 or Addition built after 1972 Building Permit Numbers: 797-83, 12167-96 and 480-08 Previous Zoning Board Application Numbers:N/A 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: See attached Addendum I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: Owner* SIGNATURE: -;s�y1, , ;'-:��t' 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:—LL By: Waiver requested: Granted:—/—/— Hearing notice posted with Town Clerk:_/_/ Mailed: / / I&M / /_ & /_/ Hearing(s) held on: / Opened on: Cto:—/—/ ontinued to: / / Withdrawn:_/ Decision / Due By:_/ / Made: / / Filed w/Town Clerk: /—/—Mailed:—/—/ - 2 /Mailed:// 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile Addendum Applicants are requesting relief pursuant to Nantucket Zoning Bylaw Section 139-32(variances) from the ground cover regulations in section 139-16 (ground cover ratio) in order to alter a nonconforming structure by adding up to approximately 403 square feet of ground cover. Applicant is removing approximately 30 square feet of ground cover prior to this alteration. The original dwelling was built prior to 1972 and an addition was built in 1996. The structures are nonconforming as to ground cover ratio, having a ground cover ratio of about 7.4% in a zoning district that allows for a maximum ground cover ratio of 7%. The Locus is situated at 6 Gardner Road, is shown as Nantucket Tax Assessor's Map 43, Parcel 8, is shown on Land Court Plan No. 18172-A and title is registered as Certificate of Title No. 24,255, in the Nantucket County District of the Land Court. The site is zoned Limited Use General -1. . 76 RECEIVED BOARD OF ASSESSORS AUG 14 2012 'GOWN OF ` Town of Nantucket NANTUCKET, MA Zoning Board of Appeals LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER.... ................. .. ...fir.. � .. PROPERTY LOCATION......:...0 ;,!'�.-'.:.�:.!:-.....:D ................. ASSESSOR MAP/PARCEL.....? ?�..... ` �.- '....:! .%.. ............ SUBMITTED BY....... ' .� l � . ! %`r..... �:.... ' % . T�i.. % %. SEE ATTACHED PAGES I certify that the foregoing is a list of all persons who are owners of abutting property, owners of land directly opposite on any public or private street or way; and abutters of the abutters and all other land owners within 300 feet of the property line of owner's property, as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139-29B (2)• ASSE SOR'S OFFI E TOWN OF NANTUCKET N N z H H ul H a WHW I x W H H 0z r 0 U m Q H v ul Q .i cn m o o ul In o N 111 tp O� t0 m 10 0 0 0 t11 O N O 9 J Z _0 -O O CO� m z L.C.C. 18172 c pm Np x N N T. (n CO Z 00 O p � _ . _... 0 n ;o < oN o cam» N p �`f- D �O p ti m �r O --i foo { n O co 0 /y ?o oa/ 70, !� L m / p m w D / 00 U)/ O m Z O�. W D AO /tib yr Ap ^m Z x;:a pMoU O /i• Z N D D— y'c O cn Om D O?? r C A Z Z Z > (n O d 000mm cZi� m OO Dy,�K ;>u ->< G7 C) Lf)z r W D0 Z 01 --� Nm r-70 O 20m �Q va N (/);0000-,;O Or D co 0z D z nyn r-�� No aw n o� -m�F n � oom z_ c v D p C w OOZOrrlO= �m o oz�m "O z7 nDm�%fmrl D m 0 Z mi m C) F-11 �y� m pp'��:;,-C) l 0 O ` N I��u A 2i`na c � N m p II II u r O FTIc C O r q 9 m o NN= , =m J, II O 00C,+00 C Z o- O�oFv A 9 rOCo ;0A n cnoo ����cn 0 I SL r. �OZ� D �=z 0 zt F-D0OAG� C) = D z z M n F- r z 0 TOWN OF NANTUCKET E C E I V E D BOARD OF APP14&§14 Aid 10 17 NANTUCKET, MASSACHgUTK�T 02554 OWN CLERK Date: December 14, 2012 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No 058-12 Owner/Applicant: WILLIAM J. RICHARDS AND GARY S. MCBOURNIE 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. y S. %Y CTRs 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 TONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 43, Parcel 8 Land Court Plan No. 18172-A 6 Gardner Road Certificate of Title No. 24,255 _. Limited Use General — I DECISION 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, October 11, 2012, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of WILLIAM J. RICHARDS AND GARY S. MCBOURNIE, c/o Patricia Halsted, Esq., 4 North Water Street, Nantucket, Massachusetts 02554, File No. 058-12: 2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-33.A.(4) (alteration of preexisting nonconforming structure) in order to alter the preexisting nonconforming structure by adding approximately 403 square feet of ground cover, which will result in a new ground cover ratio of approximately 8.4%. The structures on the Locus are preexisting nonconforming to ground cover ratio by having a ground cover ratio of 7.4% in a zoning district that allows for a maximum ground cover ratio of 7%. 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 — ground cover) in order to complete the work requested. The Locus is situated at 6 Gardner Road, is shown on Nantucket Tax Assessor's Map 43 as Parcel 8, is shown on Land Court Plan No. 18172-A, and title is registered as Certificate of Title No. 24,255 in the Nantucket County District of the Land Court. The site is zoned Limited Use General — 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. There were no letters in favor of or in opposition to the application. 4. Attorney Patricia Halsted represented the Applicants. Attorney Halsted explained to the Board of Appeals that the Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-33.A.(4) (alteration of preexisting nonconforming structure) in order to alter the preexisting nonconforming structure by adding approximately 403 square feet of ground cover. As a result of said addition, the ground cover ratio will now be 8.4%. The structures on the Locus are preexisting nonconforming to ground cover ratio by having a ground cover ratio of 7.4% in a zoning district that allows for a maximum ground cover ratio of 7%. At the hearing, it was brought to the attention of the Board that the structure in question did not have any preexisting nonconforming status because it was constructed in violation of the maximum allowable ground cover ratio. Therefore, because the Applicant is alternatively requesting Variance relief pursuant to Nantucket Zoning Bylaw Section 139-32 (Variances) from the intensity regulations in Section 139-16 (intensity regulations — ground cover) in order to complete the work requested, Variance relief is the only means of relief available to the Applicant. The Board discussed the proposed renovations and suggested the Applicant revise the design in order to mitigate the amount of increased ground cover proposed. Specifically, the Board suggested the Applicant remove the existing shed on the property in favor of the 68 and 31 square foot additions to the structure. The Board further suggested that the proposed 334 square foot porch addition be an unenclosed porch so that this does not affect the ground cover ratio on the Locus. The Board also noted that if they were to approve the Application, approval would be conditional upon the Applicant forgoing any opportunity to have another 10' x 12' "zoning shed" on the Locus. 5. After discussion among the Board members, the Board finds that owing to the circumstances relating to the conditions of the structure and especially affecting said structure 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, financial or otherwise, to the Applicant and that relief may be granted without substantial detriment to the public good and without substantially derogating from the intent and purpose of the bylaw. Specifically, the Board finds that by removing the shed on the Locus, the proposed 68, 31, and 334 square foot additions can be approved by Variance relief because of the rural nature of the Locus and the existing ground cover ratio of the structure. 6. Accordingly, by a unanimous vote of the board, the board grants the requested Variance relief with the following conditions: a. That the shed sited on the westerly side of the Locus shall be removed and there shall be no further shed allowed on the Locus without further relief from this Board; and, b. That 334 s.f. addition on the northerly side of the structure shall be unenclosed and therefore not count towards ground cover and that the 68, 31, and 334 square foot additions shall be constructed as shown on the plan entitled, "Board of Appeals Plot Plan," prepared`6y On -Island Survey Co., Inc., dated May 8, 2012, revised September 12, 2012, attached hereto as "Exhibit A." SIGNATURE PAGE TO FOLLOW Dated: O NaL 6 , 2012 Namuc et, IS U �� 2012 COMMONWEALTH OF MASSACHUSETTS On the �_ day of kKC AL 1I12012, before me, the undersigned notary public, personally appeared At W, L , one of the above-named members of the Zoning Board of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that }dshe signed the foregoing instrument voluntarily for the purposes therein expressed. ;04i �I S H NotaryPubli t� os?5 aiPU'A My Commission Expires: ry�ir/UIN =''Q2 :meq,