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HomeMy WebLinkAbout080-12 Golden Pig LLC AKA ForsythPrint Form p�I? T RECEIVED TOWN OF NANTUCKE DEC 7 R" 11 93 BOARD OF APPEAl9TUCKET TOWN CLERK NANTUCKET, MA 02554 APPLICATION Fee: $300.00 File No. 010-1, Owner's name(s): /'01 n :/ F/( �.L( iiKa t(/.fSdTl� Mailingaddress:0 cruu (SL&,,4P A.if-/ - AAANruccFr Phone Number: SQg 126n JIF?q )Mail: <iif ;gNNPSFGZSK7H� /L IG Applicant's name(s): hU jifiAJN E , t*Altt, G(IZ S N 76G Mailing Address: f1 C l.K. ( ( 51 N /-/P A.ANF Phone Number: 5 X60 113q E -Mail: 04,36r,� Locus Address: ~15' Assessor's Map /Parcel: g7A3. 911 Land Court Plan /Plan Book & Page /Plan File No.: W I • Z3 Deed Reference /Certificate of Title: Zoning DistrictlL Q({' Uses on Lot- Commercial: None Yes (describe) Residential: Numbu of dwellings_ _I _ Duplex _ Apartments Date of Sttvcture(s): all pre -date 7/72 -W— or / --� 3b — / 7AO Building Permit Numbus: Previous Zoning Board Application Numbers: 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile W State below or attach a separate addendum of specific special permits or variance relief applying for. t7FX T/fF F- 'Pl7 aoml— ro !t/ /YN/X/ (, V/�fte,or P?cs-fYXIST 114Cs I certify that the information contained herein is substantially complete and true to the best of my knowledge, order the pains and penalties of perjury. SIGNATURE, Owner* 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:_ / -_ Budding Dept.:JJ_ By:_ Fee deposited with Town TreasurecJJ_ By:_ Waiver requested: Granted: / '/ Hearing notice posted with Town Clerk:_ /-_Mailed:_ /_/ I&M /_ /_& /_ /_Hearing(s)held on:_ /_ /Openedon: // Continued to: / /_ Withdravm: /_ /_ Decision Due By:_/ /_ Made:-/-/ Filed w /Town Clerk_ /_ /_ Mailed:_ /_ /_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508- 228 -7298 facsimile Property Information PropartylD 424095 Location 6GULL ISIAND LN Owner GOLDEN PIG LLC SRI MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT me t•avn makes Iw aainns and no minermes. eepressed tt implied, rorceming the validity in aureq of the GIs data preuried on IN. mep. Parcels updated January 1, 2011 r---- - - - - -- --- ------------ - - - - -' i�; AwRmuLAre Mre AREw.♦eL♦s.D.n♦w _ i I I HEW RQ'111ME♦.MMCM i j i o I 1 �- 1 I I' GROUND COVER CALCULATION L«A$PLAN gl�pgrrtyhwmwcwmxcuortax. SCALE anwsyv�r.�xe.wEO �md � ' ' I I � r,�d.�admruwrexd � ' � r i +!a r eav J i I i I � � � 0 B ♦TiF -r � � MINMpIpM- G110Y j Z —.err LAUNDRY I r.F b ENLARGED RRCXEW FAMILY ROOM EASTNG HOUSE - PLAN OF FIRST FLOOR�� rnROaoseo Aoort prvs s�pwx s�L�oE♦� any L F fINL_�f -1� 3 SCXfw.TC OfSICrv: MOrtlold uL UTRnilfl�aY ExImNC MAIN ROORa Forsyth Residence $U1 NEW LOWfN LEVEL hRI rvnrrtucrc[t w. $ � ,00 Town of Nantucket Zoning Board of Appeals RECEIVED BOARD OF ASSESSORS NOV 16 2012 TOWN OF NANTUCKET, MA LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER...�IJ� l,T.u/r'.Y .�4.!`.:...IC..�..... T Ef' MAILING ADDRESS..... ... C:..... I.0 /J .... ........(./... PROPERTY LOCATION....-. (. Z3 ................. ............................... ASSESSOR MAP/ PARCEL. .Fl . ...................... ......I...............I........ SUBMITTED BY...... A-t .... r--Q SiO 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). DATE ' ASSESSOR'S OFFICee TOWN OF NANTUCKET :m ..am�mn .... .. 5 T ®o ®9 tl.m�5a :^ m € €€ 4084 °C444SSC44444g4 gC 6442SSSfi44 €:44644444444 E 9FF a ?acaem« m.,: sa •m. ". "ea�,.,,�. „ "ama�,�sam., "�s F N r�lF gg m G n G � s @gg gy 3k3 3k3 .......... a ,.. "s. .... n...n n" ..o".,e " «m. "."memh.. «m.....a.8, s e-Io.o m .......... ,Q2g /gg! ....,,...,,.., | \! _ �.. Bf �§ ! \ ) , > TOWN OF NANTUCKET BOARD OF APPEALS _ NANTUCKET, MASSACHUSETTS d5M 3 M m m � cn c7 Date: March 15, 21.3 n f � m z p m To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the foll Mi. Application No: 080 -12 Owner /Applicant: GOLDEN PIG LLC 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. S G,l GSA) 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 42.4.3, Parcel Certificate of Title No. 23,010 95 8 Gull Island Lane Land Court Plan 13220 -B, Lot A Residential Old Historic DECISION: 1. At a public hearing of the Nantucket Appeals, on Thursday, December 13, 2012, Janue February 14, 2013 at 1:00 P.M., 4 Fairgrounds Massachusetts, the Board made the following application of GOLDEN PIG, LLC, 8 Gull Island Massachusetts 02554, File No. 080 -12: Zoning Board of ry 10, 2013, and Road, Nantucket, decision on the Lane, Nantucket, 2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Sections 139- 33.A.(4) and (5) (alteration of preexisting nonconforming structures) in order to alter and extend the preexisting nonconforming structure without increasing the nonconforming nature of the structure and Section 139- 33.E.(2)(a) to increase the ground cover ratio to approximately 36% where up to 508 is allowed by Special Permit. The Applicants propose to construct additions to the preexisting nonconforming structure that will be sited in compliance with all setbacks. Said structure is currently sited approximately 1.9 feet from the easterly side yard setback in a zoning district that requires a five (5) foot side and rear yard setback. In addition to the side yard setback nonconformity, the Locus is also nonconforming as to lot size, having a lot area of 4,873 square feet in a zoning district that requires a minimum lot size of 5,000 square feet and is nonconforming as to frontage having 48.38 feet of frontage in a zoning district that requires 50 feet of frontage. The Locus is situated at 8 Gull Island Lane, is shown on Nantucket Tax Assessor's Map 42.4.3 as Parcel 95, is shown on Land Court Plan 13220 -B as Lot A, and title is registered as Certificate of Title No. 23,010 in the Nantucket County Registry District of the Land Court. The site is zoned Residential Old Historic. 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 letters in opposition to the application on file and testimony was received at the hearing expressing concerns about the proposed alterations. 4. Attorney Jessie Glidden represented the Applicant at the January and February hearings. At the December hearings, the Applicants represented themselves and explained to the Board that they are requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Sections 139- 33.A.(4) and (5) in order to alter and extend the preexisting nonconforming structure on the Locus without increasing the nonconforming nature of said structure. The Applicants are also requesting Special Permit relief pursuant to Section 139-33.E. (2) (a) because as a result of the alterations, the ground cover ratio will be about 36 %. Because the lot is undersized for the Residential Old Historic Zoning District, having 4,873 square feet, the Applicants need Special Permit relief in order increase their ground cover ratio above the 30% ground cover ratio allowed by right for undersized lots. Said structure is sited approximately 1.9 feet from the easterly side yard setback in a zoning district that requires a five (5) foot side and rear yard setback. In addition to the side yard setback nonconformity, the Locus is also nonconforming as to lot size, having a lot area of 4,873 square feet in a zoning district that requires a minimum lot size of 5,000 square feet and is nonconforming as to frontage having 48.38 feet of frontage in a zoning district that requires 50 feet of frontage. At the December hearing it was presented that the Applicants are proposing to alter and extend their structure such that the proposed additions will be no closer to the lot lines than the existing structure (approximately 1.9 feet from the easterly side yard setback). The Board requested a survey plan be brought to the January hearing so that they could better understand the size and scope of the proposed additions. The Board also suggested to the Applicant that it may be more prudent to construct the addition in compliance with all setbacks. 0l At the February 14th hearing the Applicant submitted a revised site plan showing the location of the additions being outside all setbacks. 5. Therefore, after a discussion with the agent for the Applicant, the Board finds that such a Special Permit for relief sought by the Applicant pursuant to Nantucket Zoning Bylaw Sections 139- 33.A.(3) and 139- 33.E.(2) in order to alter the structure such that the proposed alterations will be in compliance with all setbacks and to add ground cover, as proposed, would not be substantially more detrimental to the neighborhood and would be in harmony with the general purpose and intent of the Zoning Bylaw. 6. Accordingly, by a UNANIMOUS vote of the four sitting Board members, the Board of Appeals grants a Special Permit for the relief sought by the Applicant pursuant to Nantucket Zoning Bylaw Sections 139- 33.A.(3) and 139- 33.E.(2) in order to alter and extend the preexisting nonconforming single - family dwelling without increasing the nonconforming nature of the structure with the following conditions: a. All additions shall be constructed as shown on the site plan entitled, "Proposed Conditions Site Plan to Accompany Zoning Board of Appeals Application in Nantucket, Mass. ", dated January 14, 2013, prepared by Blackwell & Associates, Inc., attached hereto as "Exhibit A ", b. That all work shall be done in conformance with Historic District Commission Certificate of Appropriateness No. 59,111, as may be amended from time to time; and, c. That there shall be no exterior construction for the proposed work, including the exterior use of power tools for interior work or for hardscaping, between Memorial Day and Labor Day of any year. SIGNATURE PAGE TO FOLLOW 3 Dated: & K ,2013 COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. 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