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HomeMy WebLinkAbout062-12 15 Fulling Mill Road, William F, HunterFee: $300.00 z n z c M 0 z n TOWN OF NANTUCKET m BOARD OF APPEALS x NANTUCKET, MA 02554 APPLICATION File No. 06),IL Owner's name(s): • William F. Hunter, Trustee of the Fulling Mill Road Realty Trust Mailing address: c/o VDH &B, 2 Whaler's Lane, P.O. Box 659, Nantucket, MA 02554 Phone Number: 508 -228 -4455 F Mail: lori @vdhiaw.com Applicant's name(s): same Mailing Address: same Phone Number:, same F—Mad: same Locus Address: 15 Fulling Mill Road Assessor's Map /Parcel: 27/8 Land Court Plan /plan Book & Page /Plan File No.: Land Court Plan 14311 -Z, lot 35 COT Deed Reference /Certificate of Title: 23360 Zoning District LUG -3 Uses on Lot- Commercial: None X Yes (describe) Residential: Number of dwellings--j— Duplex Apartments Date of Sttucture(s): all pre -date 7/72 or Building Permit Numbers: Previous Zoning Board Application Numbers: o M N n M v < M 0 N N Ca 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 Addendum, attached hereto as Exhibit "A ". 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* Wi i m F. Hunter, rust , SIGNATURE; Applicant /Attorney /Agent* Lori D'Elia, Attorney for Fulling Mill Road Realty Trust *If an Attorney or other 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:–LL Planning Board:–L/_ Building Dept.:–/–/– By:_ Fee deposited with Town Treasurer:–/–/– By:_, Waiver requested: Granted:_/_/_ Hearing notice posted with Town Clerk:_ /_/— Mailed:_/_ /_ I &M /_/_ 8c / _/ _ _ Hearing(s) held on:—/—/— Opened on Continued to:_/_ /_ Withdrawn:_/_. /— Decision Due By:_/_ /_ Made:_/_ /_ Filed w /Town Clerk-_/ _/_ Mailed:_/_ /_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508 -228 -721'5 telephone 508 -228 -7298 facsimile y 3 •3s yT a' IAN -W1 r -yii r - - 3 s: E- 4 rar v bb z,4�„S1 '� A! c - 3 Xmik 04 Y. A VIM. ADDENDUM The Applicant, William F. Hunter, Trustee of the Fulling Mill Road Realty Trust, appeals the Decision of the Zoning Enforcement Officer, pursuant to Section 139 -31 A. (1) of the Zoning By -law, wherein the ZEO found the Studio / Cottage located on locus to be in violation of the 35' front -yard setback, and in the alternative, Applicant requests a Special Permit pursuant to Section 139- 16(C)(2) Nantucket Zoning By -law for its property located at 15 Fulling Mill Road, Siasconset, MA 02564, (hereinafter the "Property "). The Property is shown as Lot 35 on Land Court Plan 14311 -Z, filed with Certificate of Title No. 8274 at the Nantucket Registry District for the Land Court. The Property is located in the Limited Use General - 3 (LUG -3) zoning district. The current front yard setback requirement in the LUG -3 zoning district is 35'; the side /rear yard setback is 20'; the minimum frontage is 200 feet; the minimum lot size is 120,000 square feet; and the permitted ground cover ratio is 3 %. As shown on the Site Plan drawn by Blackwell & Associates, Inc. entitled "Site Plan to Accompany Z.B.A Application in Nantucket, MA" prepared for Fulling Mill Road Realty Trust, dated July 27, 2012 (the "ZBA Plan "), a copy of which is attached as Exhibit "A ", there are currently 2 Dwellings and 1 Studio / Cottage on the Property. Blackwell & Associates prepared a Site Plan to accompany a Notice of Intent for the existing Studio / Cottage on the Property, dated July 27, 2012, a copy of the plan is attached hereto as Exhibit "B" (the "NOI Site Plan "). As evidenced by the location of the proposed Studio / Cottage on the NOI Site Plan, Blackwell & Associates assumed that the 35' front yard setback on the Property did not extend along the southern portion of the road labeled "Fulling Mill Road" on the NOI Plan. Rather, Blackwell & Associates believed that the southerly portion of the road was the side yard of the Property and therefore subject to a 20' side yard setback. This Site Plan was approved by the Nantucket Conservation Commission on September 2, 2011. The Studio / Cottage was constructed pursuant to and in accordance with the approved NOI Site Plan. However, when the Applicant submitted an application to the Nantucket Building Department for a Certificate of Occupancy ( "CO ") for the Studio / Cottage together with a Building Location Plan prepared by Blackwell & Associates, dated July 27, 2012 (the "Building Location Plan "), a copy of which is attached as Exhibit "C ", the Zoning Enforcement Officer (the "ZEO ") denied the CO taking the position that the front yard setback did in fact extend along the southerly portion of the road. Please see the letter from Marcus Silverstein dated August 6, 2012, attached hereto as Exhibit "D ". Accordingly, in his letter, the ZEO states that the Studio / Cottage intrudes into the thirty five (35') foot front yard setback on the Property. The ZBA plan illustrates the different interpretations with respect to the location of the front yard and side yard setbacks on the Property as follows: Interpretation #1 As shown on the ZBA Plan, Blackwell & Associates' interpretation, Interpretation #1, is that the front yard setback only extends along the northerly portion of the road (shaded in green and labeled "Way ") and does not extend along the southerly portion of the road (shaded in red and labeled "Fulling Mill Road "). Rather, Blackwell & Associates believes that the southerly portion of the road is considered the side yard of the Property and therefore is subject to a twenty (20') side yard setback. Based on Interpretation #1, the Studio / Cottage conforms in all respects to the LUG -3 zoning regulations. Interpretation #2: As shown on the ZBA plan, the ZEO's interpretation labeled Interpretation 42, the ftont yard setback extends along the southerly portion of the road (shaded in red and labeled "Fulling Mill Road "). Based on Interpretation 92, the Stuido / Cottage intrudes into the front yard setback being sited as close as 31.3' to the front yard lot line in a zoning district that requires a front yard setback of 35'. To the extent the Board determines that Interpretation #1 accurately reflects the location of the setbacks on Locus, the Applicant requests that the Board overturn the decision of the ZEO and ratify that the Studio / Cottage meets the setback requirements of the By -law. However if the Board determines that the ZEO was correct in determining that the structure violates the front yard setback, than in that case, the applicant requests a Special Permit pursuant to Section 139- 16(C)(2) of the By -law to validate the minor setback intrusion. Section 139(16)(C)(2) of the Zoning By -Law provides that : The Board of Appeals may grant a special permit to validate unintentional setback intrusions not greater than five feet into a required yard and not closer than four feet from a lot line, provided that it shall first find that the burden of correcting the intrusion substantially outweighs any benefit to an abutter of eliminating the intrusion, and, if the intruding structure was so sited after 1990, the siting of the structure was reasonably based upon a licensed survey. As explained above, the potential zoning violation was unintentional and based on the NOI Site Plan prepared by Blackwell & Associates dated August 10, 2011. The Studio / Cottage only encroaches into the front yard set back by 3.7 feet. The Studio / Cottage is no closer than 31.3 feet from the front yard lot line. Additionally, the burden of correcting the intrusion substantially outweighs any benefit to abutters. Alternatively, and to the extent the Board deems it necessary, the Applicants request a Variance pursuant to Section 139 -32 to validate the 4 location of the Studio / Cottage within the 35' front yard setback. Due to the shape and topography of the lot and the structures thereon, the literal enforcement of the 35' front yard setback would involve a substantial hardship to the Applicants to remove the Studio / Cottage thereto and granting this relief does not involve substantial detriment to the public good or a derogation of the intent of the By -law. The Applicants respectfully request that the Board grant them the requested Special Permit under section 139- 16(C)(2) or alternatively, a Variance under Section 139 -32. 3 EXHIBIT A V, r"gp � F oo C / rCC 5 9 MIA Z . F / 0 Pm _ <Z "' / I o O��IW� 1Y4 vex WA,i b T Q ch 10 x s QQ I {� ,gyp � +� V c I O 4�l AA 7 !I lgc by I I I L_---------- ---------- - - -` -- it - - - - -- - -� ucec tt, i u c uan-�e x s N 1-0 CD g o ro a m t2i c zsi 3 4 \ i z A Ct if EA yO� fib., Av'�_^ ;iK O�LFn g�g�pRa Rgg�g$$ .mm oc� Ct 01b b ('1- qx[ng�! WNWO^ C� to VmV- W H EXHIBIT B 7 `torn a� ItU s t Qd0 x oil e a (l 11;1 g f r RA • � Ri :t / O i r r '7 .bctt( sAt, 8 �r of k� g Fr -7 8{lt � t ort t 5SP i °r� � ��Ji�,�� wit: j•��i•rt rtl l�0r�aig6eq. d ° a`°' 4 � t EXHIBIT C Y � / / I \ 1 / 4 k1 Q � E SH • r i ° ► N gig --------------------- - - - - -._ -- t e r2y4�{ DO-�I d m 710 V1 70 "1 �. H.•q� 01912 d bNOrA Z.mCO Zr y qp��j g��v --1xro `b °io m O�wtd.52 z�oOO(q�� NZ� 'yi*��i� r- O, �' Q ���•'i .w.f DA�DnOAtZ*1 6p1*1 oy� O s� •r cry °v IM: c>o�vmiy'�oa c°v �v'� � � � bb � y •�-+ O �fR�RKi� �'``�- o� °mz °j� Duo oXV °z OM Zrox p 'y 0 v,Z cr�id 4zM p 54 zwZo y o `fY'0M o EXHIBIT D Planning and Land Use Services r August 6, 2012 Fulling Mill Nominee Trust William Hunter, Trustee P.O. Box 659 Nantucket, MA 02554 Dear Mr. Hunter, Your request for a Certificate of Occupancy for Building Permit #1119 -11 for work at 15 Fulling Mill Rd. (Map# 27, Parcel# 8) has been denied for the following reason(s): The studio, incorrectly labeled as "cottage", is shown on the submitted as -built site plan dated July 27, 2012 as being partially located within the 35 -foot front yard setback. If you are aggrieved by this denial, you may file appeal with the zoning Board of Appeals within thirty (30) days of the date of the notice. Re 3pectfwl , arc Zoning Enforcement Officer Town of Nantucket 2 Fairgrounds Road 0 Nantucket, MA 02554 9 508- 228 -7298 facsimile k �jDD Town of Nantucket Zoning Board of Appeals RECEIVED BOARD OF ASSESSORS SEP o-,6 2012 TOWN OF NANTUCKET, MA LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER, . Fulling Mill. Road Realty Trust . . . . ............................... MAILING ADDRESS, , , c/o 2 Whaler's lane Nantucket, MA 02554 .....r ........................ , , , , , , , , PROPERTY LOCATION.... 15.F,4111A9.Nlili BW ......... ............................... ASSESSOR MAP/PARCEL... , . 9M ...................... ............................... SUBMITTED BY.,.,,t;orf q:Elia, VDH &B: 508-228-4455 ,,,, ,..,, , 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). ! Xji"P DATE SSESSOR'S OFF CE TOWN OF NANTUCKET N N N a s w a m N J J J J J J J — -1 NN H gB Y Y Y H 4 4 n w n n m [{nyg9j� H H W P tl� P J O 0 o W N o HE 0 3 0 wnmv��e qq�. Jq N a a P M 6 M n i 8 H N N I& Iy a F e TOWN OF NANTUCKET RECEIVED BOARD OF APPEAL�,j? CFe 19 Pm 10 17 NANTUCKET, MASSACHUSETT";W TOWN 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: 062 -12 Owner /Applicant: WILLIAM F. HUNTER, TRUSTEE OF THE FULLING MILL REALTY 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. 2� � 1. ( sM) 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 27, Parcel 8 Land Court Plan 14311 -Z, Lot 35 15 Fulling Mill Road Certificate of Title No. 23,360 Limited Use General — 3 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 F. HUNTER, TRUSTEE OF THE FULLING MILL REALTY TRUST, c/o Vaughan, Dale, Hunter, and Beaudette, PC, 2 Whaler's Lane, PO Box 659, Nantucket, Massachusetts 02554, File No. 062 -12: 2. Appellant is appealing the Decision of the Zoning Enforcement Officer pursuant to Nantucket Zoning Bylaw Section 139- 31.A.(1) (appeals). The Zoning Enforcement Officer has found the studio /cottage to be in violation of the 35 foot front yard setback, having the studio /cottage sited as close as 31.3 feet from -the lot line. In the alternative, the Appellant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 16.C.(2) in order to validate the setback intrusion or, to the extent necessary, Variance relief pursuant to Section 139 -32 (Variances) from the intensi y regulations in Section 139 -16 (intensity regulations — setbacks) in order to validate the siting-of said studio c/ ottage. The Locus is situated at 15 Fulling Mill Road, is shown on Nantucket Tax Assessor's Map 27 as Parcel 8, is shown on Land Court Plan 14311 -Z as Lot 35, and title is registered as Certificate of Title No. 23,360 in the Nantucket County District of the Land Court. The site is zoned Limited Use General — 3. 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 Bill Hunter represented the Applicant. Attorney Hunter explained to the Board of Appeals that the Appellant is appealing the Decision of the Zoning Enforcement Officer pursuant to Nantucket Zoning Bylaw Section 139- 31.A.(1) (appeals). The Zoning Enforcement Officer has found the studio /cottage located on the Locus to be in violation of the 35 foot front yard setback. Upon siting the studio /cottage, the site plan assumed that the 35 foot front yard setback did not extend along the southern portion of the road labeled, "Fulling Mill Road," as shown on the site plan entitled "Site Plan to Accompany ZBA Application in Nantucket, Ma," attached hereto as "Exhibit A." In fact, the surveyors assumed that the southerly portion of the road was the side yard of the Locus and therefore subject to a twenty (20) foot setback. Accordingly, the studio /cottage was sited 31.3 feet from the lot line where a 35 foot front yard setback is required and a twenty (20) foot side yard setback is required. At the hearing, the Zoning Enforcement Officer explained that he has interpreted the site plan such that the southerly portion of Fulling Mill Road is part of the front yard setback and the cottage has been improperly sited in the front yard setback. As a means of compromise, the Appellant is suggested Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 16.C.(2) in order to validate the setback intrusion as it the intrusion was unintentional and reasonably based upon a licensed survey. The Appellant further noted that Fulling Mill Road is a rural area and there was no abutter comment with respect to this application. 5. After discussion among the Board members, the Board finds that Special Permit relief may be granted in order to validate the siting of the structure as close as 31.3 feet from the front yard lot line because the burden of correcting the intrusion substantially outweighs any benefit to an abutter of eliminating the intrusion. 6. Accordingly, by a unanimous vote of the Board, the Board grants the requested Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 16.C.(2) in order to validate the structure sited as close as 31.3 feet from the front yard setback as shown on the plan entitled, "Site Plan to Accompany ZBA Application in Nantucket, MA," prepared by Blackwell & Associates, Inc., dated September 5, 2012, attached hereto as "Exhibit A." SIGNATURE PAGE TO FOLLOW Dated: 61 is ,2012 Nantucke SS q Line � 2012 Michael Geoffrey Thayer COMMONWEALTH OF MASSACHUSETTS On the day of Hid. Wn , 2012, before me, the undersigned notary public, personally appeared KIQ �. 01 y u" , 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 b2she signed the foregoing instrument voluntarily for the purposes therein expressed. „u����tlixnMnk,d w. Notary Publi . ek U. 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