HomeMy WebLinkAbout064-12 and 046-12 9 Meadow Lane, Remar and GreenhoodFee: $300.00
Print Form
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
Z ry
D
Z ry
O
C n
C-3
M rn
rn
:C- rn
Z o
C7 N
r
m N
7.0 co
File No. § WIL
Owner's name(s):Robert B. Remar and Victoria A. Greenhood
Mailing address:4 North Water Street, Nantucket, Massachusetts 02554
Phone Number:508 -228 -0444 E-Mail:patricia@halstedlaw.com
Applicant's name(s):Same
Mailing Address:
Phone Number:
E -Mail:
Locus Address: 9 Meadow Lane Assessor's Map /Parcel:41 -446
Land Court Plan /Plan Book & Page /Plan File No.:Lot 5, Plan Book 16, Page 96
Deed Reference /Certificate of Title: 1332 /146 Zoning DistrictR -20
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 Garage built in 1981
Building Permit Numbers: 1803-81 for garage
Previous Zoning Board Application Numbers: 05 -80 and 046 -12
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: 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 /_/ & / / Hearings) held on:—/—/— Opened on :—/—/—
Continued to: / % Withdrawn: /_/ Decision Due By:_/ /
Made: / / Filed w /Town Clerk: / / Mailed: / /
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508 - 228 -7298 facsimile
Addendum
Applicant is requesting a modification to Variance No. 050 -80 to
allow the construction of 2 decks to the dwelling. The decks
would not be enclosed and would be outside the setbacks. The
Locus has the benefit of a Variance (ZBA Decision No. 050 -80) to
allow the construction of a garage sited in the setback. The
Locus also has the benefit of a Modification to the Variance
(ZBA Decision No. 046 -12) to allow the conversion of the garage
use to a residential use. The Locus is situated at 9 Meadow
Lane, is shown on Nantucket Tax Assessor's Map 41 as Parcel 446,
is shown as Lot 5 in Plan Book 16, Page 96, and is recorded at
the Nantucket County Registry of Deeds in Book 1332, Page 146.
The site is zoned Residential -20.
W
1 W
/ yNT
Vs p c
-
h�
_ r '�•j
• A
o °z
°�z
-
��
m O N
rl
._i
H m F 1/ N •` / ..4C�
"1 m n m W p / c
Q a
s m''
D
w
Fl
t w
a
1A ,L Al
.. :U3E7TS C _ nD!IvATE .,y�� v\ N N A '{
ka
W N c
i h�l 1/ m WINN .STREE � P � ro, A � g � e � �� '9yJ � N.• �
k 4 I N 18ti:� NEW +AN m N m 5 y �9. Af
NEW
N
= o m " z o - m C vt 2 >9 0° °! o
po
1 A :&A
5-4 .� m- T m
.� z m v- :Aye."
I � _
�
z
e
ze __ 1 `O �i - 1 i -mi' •P`q �°,� � �16g �08e m `�tj. p��]1 S•YS ��
J O Ma ayo ro. fc a m Syr \ •
wr
r <e o!
Z N N
0
Q Q w W N
p O
N N
Q O f - }tn�¢ CO�t �rna) cm C co lol a
OW=Q� _ / � c c m v�_
z a=i Nof UJ
`� I c°'°E Z o
4 _�Z Q 'rn Z> 0
CL c� ocn0,X v winw a Q � �Q a °m
oDi LLJ J Q w o Fj! O W li «. U n
a o 0 8,,f uSETTS � cc �i O w U 3 L) Ln
C c�wvi� e�� V)i W D �' (�IIN ON aV 5 pa m;
O N Q �!
m v o o n y W 7 �'b260 Z F4 p 0 � N W Z `o ¢ v o
Q ���'' 2 Ow r? Z'' Q Q N N OZ N ° w N v
_ v wQ� t=ng¢o W UN m • �� �(m 1O-Zd E �v°.
O awe r mZP���Q z e (nY �OO O?QNJa
x L In ~z 4/ P vP o N m oz
C) w to .'`O L� _ U O Om
} Eawo� hNO� w I� a O +�. C m
W N W Fw- w F-� N C O X c 3
z Q w O m L Oi (0 L (6
00 m V— <<0 d i d TZ OOH
J Z j—I
M Wpw >-00 �"�
Z
L
�a N pOZ FC—.z3
ww U�.l�wp LLil
t Z
n �
Z
N O
Wj N c0 U
d ~' M
1� p
co m IL 0) �O ! V) O) M
W O co O
m Y Q
CO m Lu F J
Q W w M
V) m
W W J m
Q Dz
w D Z U
wi O O
V)
S w O
a sue! F—
Qv zz cv r'i u'i
W, � 0 O
h "i
Q � �
d a CO j
3
a
,l:9d m
�J e
J
It
y J1,I30 ,F:9Z
^V o
�Wh m W a
J.
o o �P Q
Q � a
F'
-?i/ /�JO oa
9 N I I �13�1,7Np,7 c
�Nd�Jdyd o
a
h O
e
W � Z
Q J
W WO ZO
z m
.ae.ad
3 �
0
H
H
H
H
a
P4 tD
a�
H -1
EH
Z4
d
Ul
G
z
U
z
!
qsH
O
N
N
q
V
O
a
x
u
0
m
zz zzE�izz n. g5. xi. g�Wx- 1µn. z71nWnnl�x-17�1N-.g7i�N .ri`�44
C4 N m
C r r
V N 1f1
I I I
M y 10 Y M rn 'V' N V M
m 0 N O O V 10 N N N N V O 1� O N N Q V N V1 4
O N t` 1(7 O V N h N 01 Yl O N N N N N V Y O O lO m 0. W
N It) dt Ill p N N b a O I(1 O M N V N O O O m V� N W O m N t` h I(1 O O N
t� N h N N O N N M O N O O N 10 N h O� O1 M N O N N b W N N O O N
zM ORR O ORR Npp NNN OOy xO N µOS N M aO O O m Ra O N N O 01 ONII N IOC� O O IOC� IOC� N „N ORa
F
a
W F O F W H Vaal H O F H O F O a W Z F F O to H
r Fi z o a z z z R z z z o z u� z N zu z O z
zW�ag
a
R O v H
.7 N 10 Vl p I..j W t0 H W tl H a ri O R H W U 13 'L a H F 1�
a K O `JC H N
u1 $ m m m w I A
a r W W Nx
M v v O d O o W pp
O O N 0 o m O O V N b N N N M O N W m W N W O N O
a N M M N M Q V� W Ill a
A
N
F
F
C? H
H
F'F W
W h
tl'
am
H qa
El
Iii
ya qW �U{
N NW O O
W U
U
F U U
aa F
a H F A
W R a H H
El
El
A
W H a z OG � N a aaw a W
�z
7 N E5 a �z H
ry a I�� I uy ° a W
El
eu z (� c, rr1� OgzG a R A WW A H rC al p+qy� y w w F v�wi z a o W
Fi A W OG K a PH'. rUi W FI iiu�CC 7: H a
N
v 0 N N M N M
ID IO 10 h m O N H N N M V N b t0 a Ill 10 r O� O N M V ul h W N O N N m
M M M M M v O v C v v V V V v v C 'i' V v V v v a V� o v a IO IO 10 10
N N P N H H� H H N H H N H� N H H H H H N H H H H H N N N N H
0
N
r
I
v
a
RECEIVED
TOWN OF NANTUCKET 2012 DEC 14 AID 10 18
BOARD OF APPEALSNANTUCKET TOWN CLERK
NANTUCKET, MASSACHUSETTS 02554
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
064 -12
Owner /Applicant: ROBERT B. REMAR AND VICTORIA A. GREENHOOD
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 41, Parcel 446 Lot 5, Plan Book 16, Page 96
9 Meadow Lane
Residential — 20 Book 1332, Page 146
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 ROBERT B. REMAR AND VICTORIA A.
GREENHOOD, c/o Patricia Halsted, Esq., 4 North Water Street, Nantucket, Massachusetts
02554, File No. 064 -12:
2. Applicants are requesting a modification to Variance No. 050 -80 to allow the
construction of two decks to the dwelling. Said decks will not be enclosed and will be outside
the setbacks. The Locus has the benefit of a Variance (No. 050 -80) to allow the construction of a
garage in the side yard setback. The Locus is nonconforming as to lot size, having about 12,905
square feet in a zoning district that requires a minimum lot size of 20,000 square feet. The
structure is also nonconforming as to ground cover ratio and side yard setbacks, having a ground
cover ratio of about 13.38% in a zoning district that allows for a max m= ground cover ratio of
12.5% and is sited w close as 4.8 feet from the side yard setback in a zoning district that requires
a minimum side yard setback of ten (10) feet which was allowed by Variance No. 050 -80. The
Locus is situated at 9 Meadow Lane, is shown on Nantucket Tax Assessor's Map 41 as Parcel
446, is shown as Lot 5 in Plan Book 16, Page 96, and is recorded at the Nantucket County
Registry of Deeds in Book 1332, Page 146. The site is zoned Residential — 20.
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 Applicants are requesting a modification to Variance No. 050 -80
to allow the construction of two decks to the dwelling. Said decks will not be enclosed and will
be outside the setbacks. Additionally, the Locus has the benefit of a Variance (No. 050 -80) to
allow the construction of a garage in the side yard setback. The Locus is nonconforming as to lot
size, having about 12,905 square feet in a zoning district that requires a minimum lot size of
20,000 square feet.
The structure is also nonconforming as to ground cover ratio and side yard setbacks, having a
ground cover ratio of about 13.38% in a zoning district that allows for a maximum ground cover
ratio of 12.5% and is sited as close as 4.8 feet from the side yard lot line in a zoning district that
requires a minimum side yard setback of ten (10) feet which was allowed by Variance No. 050-
80. These nonconfomilties will not be affected by the proposed additions because the decks will
not count towards ground cover and will be outside all the setbacks.
It was explained at the hearing that the Applicant was recently before the Board of Appeals (File
No. 046 -12) in order to convert the garage to a residential use. Because of Variance No. 050 -80,
the conversion from garage use to residential use had to be done by modification. Accordingly,
in order to add the decks to the structure, the Applicant needs an additional modification to
Variance No. 050 -80.
5. After discussion among the Board members, the Board finds that the proposed
deck additions will be in harmony with the spirit and intent of the zoning by -law and will not be
substantially more detrimental to the neighborhood than the existing non - conformity, on the
Locus because the decks will not be enclosed and will be outside all the setbacks.
6. Accordingly, by a unanimous vote of the board, the board grants the requested
modification to Variance No. 050 -80 to allow the construction of the decks as shown on the plan
entitled, "Remar, 9 Meadow Lane," prepared by Nantucket Architecture Group, attached hereto
as `Exhibit A."
SIGNATURE PAGE TO FOLLOW
Dated: �lU �� , 2012
I
e
elrc& Lisa otticellt
Kerim Koseatac
COMMONWEALTH OF MASSACHUSETTS
NamucketpSS 11
IIlM 6 2012
Onthe D day of IHI 0I II I' o, 2012, before me, the undersigned notary public,
personally appeared '"INh W. fi11 , 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 thatb/she signed the foregoing
instrument voluntarily for the purposes therein expressed.
l
NotaryP)
My Commission Expires: �a�p't:• pFt� p�
EV
� D
NANrLGKLYMGMEG'UPE G,POUPxTD.
D REMAR UrcK, aw �H. w
MEAOGW LANE voxa- rcceox rer�
NAYIIFK(.fIA99N4/9GR901yN
� NANTLGKE]", MA rnevrcavemsuasNnv.s�sza
O m
m N