HomeMy WebLinkAbout062-12 15 Fulling Mill Road, William F, HunterFee: $300.00
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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:
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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Continued to:_/_ /_ Withdrawn:_/_.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
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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
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EXHIBIT D
Planning and Land Use Services
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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
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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
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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).
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DATE SSESSOR'S OFF CE
TOWN OF NANTUCKET
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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. Mid-
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