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Home My WebLink About008-13 71 Hooper Farm RoadRECEIVED TOWN OF NANTUCKF-12013 MR 5 PM 1 18 BOARD OF APPEALSNANTUCKET TOWN CLERK NANTUCKET, MA 02554 APPLICATION Fee: $300.00 File No. *1115 Molting dd,..QYF,:0�4 L�PJ. qonst��q,o Cl,., Boston, MA 0212! Phone Nmb—.E! ROO v"A., Applicant's narne(3):p Mailing Address: Phone E-Maff: Z olkmpk I Locus Address: �Mqi Land Court Plan/Plan Book & Page /Plan Me D.eedRcfmnce/C 41e*te i-TitLN,"#13$506- Zoning District R40` UsmonLot- Conmurcial:Noncil, A' Yes (describc).f-"s s 1. Duplex ' Residential: Number of dwellin i, g Date of Structure(s): all pre -date 7/72MLory,C6_h", #64t tij j , Building Pennit Numbers ; -3`736�7A'--;s, Previous Zoning Board Application Nurnbers:,`,., 2 Fairground. Road Nrttoclou M...Chs.". 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. PLEASE SEE THE ATTACHED ADDENDUM I rectify that the information contained herein is substantially complete and true to the beat of my knowledge, under the pains and penalties of perjury. Owner* Applicant/Attorney/Agerit- *If in Agent is rcpyEscnting the Owt)er or the Applicant, please provide a signed proof of agency. OFFICE USE ONLY Application received onAA / ByLLJ Complete L Need Filed with Town Cluk.—/—/— planning Board---/J— Budding Dept.: Fee deposited with Town Tfeamrev-j-J— By;; ! Waiver requested.,K� GrsntedyM'/ Hearing notice posted with Town 61erIL_1 18MIZ fL. 861� /�M, /W Heating(s)held one/ L5 IL*, Opened on L Continued Ew,7'1,, 1 Withdrawn: Decision Due By. Mada/',, Filed w/Town Efe k--. 2 F.kgrounds Road Namacket Massachusetts 02554 508 -22&7215 telephone 508-228-7298 facsimile ADDENDUM "A" TO ZONING APPLICATION GEOFFREY PLATT 71 Hooper Farm Road The applicant, Geoffrey Platt (hereinafter the "Applicant "), requests Special Permit relief pursuant to Sections 139 -33A (4) (a) and (b) and (5) of the Nantucket Zoning By -Law (the "By- Law") for his property located at 71 Hooper Farm Road, Nantucket, Massachusetts 02554, shown as Parcel 67 on Nantucket Town Assessor's Map 342 (the `Property"). The Property is located in the Residential -10 ( "R -10 ") Zoning District and is currently improved with a wood frame single - family dwelling and connected garage. DIMENSIONAL COMPLIANCE The Property is shown on an Existing Conditions Plan prepared for Geoffrey Platt, by Bracken Engineering (the "Bracken Plot Plan'), a copy of which is enclosed. The Property is also shown as Lot 17 on Land Court Plan No. 37210 -D, dated July 12, 1977, a copy of which is also enclosed. The Property consists of a 10,346 +/- square foot lot in a zoning district with a minimum required lot area of 10,000 +/- square feet; has road frontage in the amount of 115.35' +/- in a district with minimum require frontage of 75% a front yard setback of 27' where 20' is required and a rear yard setback of 17.4' +/- where 10' is required. The Property is pre - existing, non - conforming with respect to side yard setback being 2.8' at it closet point from the easterly property line in a zoning district with a minimum side yard setback of 10'. The Property is conforming with respect to ground cover having a OCR of 16.5 % in a district where 25% is the maximum ground cover allowed. DIMENSIONAL NON - CONFORMITY As shown on the Bracken Plot Plan the dwelling is cited as close as 2.8' from the easterly side yard lot line the side yard lot line in a zoning district that requires a side yard setback of 10 feet. The dwelling was constructed in 1978 and was granted a Certificate of Occupancy on September 15, 1978. A copy of the Certificate of Occupancy is enclosed. In 1978 at the time the dwelling was constructed, the Nantucket Zoning By -Law was silent as to side yard setback in the dimensional table, citing for the various zoning districts only Minimum Lot Size, Front Yard setback , Frontage; Ground Cover Ratio and Floor Area Ratio. Rather than cited in the table, Side and Rear Setbacks were described in the text of the zoning by -law as, "No building shall be erected within 3 ft. of any lot line unless otherwise indicated." It seems evident based on the issuance of the 1978 Certificate of Occupancy that the Nantucket Building Department, relying on evidence submitted at that time, was comfortable that the dwelling complied with the 3' set back requirement. As such, the dwelling is pre- existing non - conforming as to the current zoning regulations in the R -10 zoning district. PROPOSED ALTERATIONS The Applicant proposes to alter and extend the pre- existing, non - conforming dwelling to create a duplex on the Property. Specifically, the Applicant plans alter and extend the dwelling . by converting the existing breezeway and garage into a single family dwelling unit. The proposed alterations are shown on a plan drawn by Permits Plus, Inc. entitled "Proposed Site Plan" dated February 11, 2013 (the "ZBA Plan"), a copy of which is enclosed. As shown on the ZBA Plan, the proposed duplex will encroach into the eastern side yard set -back on the Property but will be no closer than 2.8' feet from the side yard lot line. The existing dwelling is located 2.8 +/- feet from the side yard lot line. Additionally, the applicant proposes to extend the foot print of the existing structure from 1,704 square feet to 2,113 square feet, creating a total ground cover ratio on the Property of 20.423 %, within the allowable ground cover ratio of 25% in the R -10 Zoning District. Under Section 139 -33A (4) of the By -Law: Preexisting, nonconforming structures or uses may be extended or altered, provided that (a) No such extension or alteration shall be permitted unless there is a finding by the permit granting authority or by the special permit granting authority designated by this chapter that such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming use to the neighborhood; and (b) A special permit supported by such finding is granted. Further, under Section 139 -33A (5) of the By Law: Where an existing structure violates the front, rear or side line setback distance, the Board of Appeals may issue a special permit permitting the extension of the structure, provided that the non - conforming distance is not made more nonconforming and the Board finds that the extension will not be substantially more detrimental to the neighborhood. A duplex is permitted by right in the R -10 Zoning District. The proposed duplex will not increase the nonconforming distance of the current side yard setback violation and will be compliant with the R -10 zoning regulations in all other respects. Further, as shown on the ZBA Plan, the parking required under the By -Law for a duplex (1 per bedroom x 5 bedrooms = 5 required parking spaces) is provided on the Property. It should also be noted that the siting of proposed gas tank is permitted as it will not exceed 120 gallons and therefore is excluded from the definition of "structure" under the By -Law. Therefore, the proposed alterations will not be substantially more detrimental to the neighborhood than the existing nonconforming structure and use on the Property. CONCLUSION Grunting the proposed Special Permit under the above referenced Sections of the By Law for the proposed alterations will not be substantially more detrimental to the neighborhood than the pre- existing non-conforming dwelling on the Property. The proposed alterations are suitable for the Property as they are modest in size and scope and the proposed duplex will be in harmony with other houses in this area of the Island. Also, by granting the requested Special Permit, the Board would be acting in a manner consistent with the spirit and intent of the Zoning By -Law. In the alternative, the Applicant requests a Variance for the above - proposed work on the Premises pursuant to Section 139 -32. Due to the shape and topography of the lot and the structure thereon, the literal enforcement of the current R -10 zoning regulations would create a substantial hardship for the applicant. Further, granting this relief does not involve substantial detriment to the public good or a derogation of the intent of the By -law. The Applicant respectfully requests that the Board grant the requested relief. z J a� r t� v Mij t st it Y 1P d�W¢NN 321 f WM. Proporty ID 67 — Location 71 .. PER FARM RD S \ 3T. ICi % iQ ZONING CLASSIFICATION (R -10) R eOE5. FxISTIN 1. OWNERS GEDFMEY PLATT LOT AREA: 1QORFOOIORa D 10,3451 e.f. 2 DEED REF: LC. COT. 24431 FRONTAGE: 75' 115.35' FRONT YARD: 20' 27.0' W E I. PLAN PER L.C. PLAN 37210 -D SIDE YARD: 10' 2.5' q RcoV AGE: 25 %(MA.Y) 1195% d YARD 16, O�JE3y4 .n =To' sugf POD 1 v6 „$ s 16, yl ,y M D"- m, T"d� D 5p'9186 jos o ",�`"�" e` - v, 03.9 ee EX '1Es'Q SF' 1ni"\\ f,(pFa 10 4N� o c+ ax i cl "� � 51DCp 6TdW 3 v N � PI $ MAP 67 i @R ��"5,a PARCEL 342 !y t, £ IO,J461 s.6 a / C) a TD oPoPCOU CC0DH. / / / \` P 8 0`/ N C� gar / `C P I I /O y/l oviv JJO 171 Aa° CEL M P 6 P R o i o 4yfBp, +P� Prepared By. EXISTING CONDITIONS P N P IN NANTUCKET. IAA 1tACKEN`Sj1m- "Q-sp yhP Prepared For. E""r""m0 ""' P °"" ""p GEOFFREY PLATT FARM O 19 Old South Road ypp 601PE"PAR.. Rl4P Nantucket, MA 02554 D.I. �AxuARV 1s xou ssT -xa Phone: 508- 325 -0044 Fax: 508 -833 -2282 ore." ex JRL cx..M.e Ry Auc s. "L:r - 30 m I 0 17 ^� h ° s Y� 1® e. e ,a pY 0 0 Rubdivieion of Let 6 Rhewn on Plan 372108 Filed with Cart, of Title No. 7006 Registry Distriot of Nantucket County Sep"le wifiicetas of itle mey AAaf asW For /and By Nn 6hb/t. 0p / Goy W1j:;Oalaa,vv LAND NCp6/SJ20T1% rflOf St,w ffM&pee 90k Aen v�d, 2 L. w.6", D0.' ur r d ppt 9 7 3 80BDIVI9ION PUN OF LAND IN NANTOCRER 37210D eohofield Brothers, Ina„ Burveyore ,y July 12, 1977 L.C. NO. .145 1A h K F SURFSIDE t-000 w / >,/ DRIVE B. C.B. N BI °BOlI'f - C.B. L /O!•. i W O ° 16 o; 7 O C.O. C.Bai ~ O 17 ^� h ° s Y� 1® e. e ,a pY 0 0 Rubdivieion of Let 6 Rhewn on Plan 372108 Filed with Cart, of Title No. 7006 Registry Distriot of Nantucket County Sep"le wifiicetas of itle mey AAaf asW For /and By Nn 6hb/t. 0p / Goy W1j:;Oalaa,vv LAND NCp6/SJ20T1% rflOf St,w ffM&pee 90k Aen v�d, 2 L. w.6", D0.' ur r d ppt 9 7 3 TOWN Of NANTUCKET, MASS. Cartifioate of OOCUPOncy No. 738 -78 This certifies that the.......... . �trvrture ................... located at No.................. street. Hooper.. Farm . Road........ Zone.. Res 1 dent a7.., .10 conforms substantially to the approved lob plan and detailed statements for which Building Permit No...... . ................ was issued .....:...January •1............•, 1978. Nantucket This certificate therefore In issued to . Mr;, Henry, $abut to occupy or use Bald premises or building or part thereof for the following purpose... L. ......................... ........ : ...........................S i agls . Family. NO ling .................................. ....................................................... ti........... ............................... subject to and in accordance with all the provisions of the Zoning -La o`f,the-Town of N uck natea......SaA> emhar., .15.. 1:418..... 'FF"�'"� _T ...............`.. , Building Inspector. M5 Section V. Intensity R Ilan , No bailding shall be constructed and no building, structure, or land or any part thereof, shall be used and no lot shall be changed in size or shape, unless in conformity with the requirements set forth below: Ground Fluor Minimum - Front Coverage Area Lot Size Yard Frontage Ratio Ratio General 1 •40,000 sq. ft. 35' 100' S% 7% Limited Use, General 2 •80,000 sq. ft. 35'. 150' 3% 4,5% Limited Use, General 3 •120,000 sq. ft. 35' 200' 3% 4.5% Residential 1 •5,000 sq. ft. none 75' 20% 40% Residential 2 •20000 s4. ft 20, 75' 20% 40% Residential, Old Historic •5,000 sq. ft. none 75' 70% 140% Residential, .5 000 ft Commercial none none 5091. 100% Frontage may be reduced by up to 30% for lots fronting on the turning circle of a dead end street. No building shall be erected within 3 ft. of any lot line unless otherwise Indicated. • Any lot lawfully laid out by plan or deed duly recorded or any lot shown on a plan endorsed with the words "Approval under the Sub division Control Law not required" or words of similar Import, pur- suant to the subdivision control law before the effective date of this by- law, may be built upon although the lot contains less than the required minimum lot area provided such lot was held In ownership separate from that of adjoining land located in the same district and provided that the budding (a)tobe built shall at cover more than the greater of , (a) 1200 square feet, of lot area or (y) the ground cover ratio of the. district In which the lot Is located. •• A) The Board of Appeals, after making the findings required by Section VIII -B2 may grant a specie) permit excepting a .lot located in a limited . General, district from all or any of the minimum lot sim, front yard, frontage, ground coverage ratio, and door area ratio requirements provided that: U FA I . � e P, LRI % . — wz� —�- � (\ �� _a - - -J — r - - - -- -- - . . - -< � � C x F� h yh �b �x tl y o 2 4 a Z o TOWN OF NANTUCKET rn BOARD OF APPEALS ra T NANTUCKET, MASSACHUSETT90255f n r N m 0 Date: April 12 72013 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: Owner /Applicant: GEOFFREY PLATT 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 67, Parcel 342 Certificate of Title No. 24,431 71 Hooper Farm Road Residential - 10 Land Court Plan 37210 -D, Lot 17 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, March 14, 2013, at 1:00 P.M., 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of GEOFFREY PLATT, c/o Ryan Kelly, Esq., Parker Scheer LLP, 1 Constitutional Ctr., Boston, MA 02129, File No. 006 -13: 2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Sections 139- 33.A.(4) and (5) (alteration of preexisting nonconforming structures and uses) in order to alter and extend the preexisting nonconforming structure by adding approximately 409 +/- square feet of ground cover without being any closer to the lot lines than the existing nonconformity. Further, the Applicant is proposing to convert the structure into a duplex, which is a use allowed by right in this zoning district. The Locus is situated at 71 Hooper Farm Road, Assessor's Map 67, Parcel 342, is shown on Land Court Plan 37210 -D as Lot 17, and evidence of owner's title is registered as Certificate of Title No. 24,431 in the Nantucket County Registry District of the Land Court. The site is zoned Residential - 10. 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. A letter was received requesting the parking on the Locus be adhered to as shown on the attached "Exhibit A." 4. Attorney Lori D'Elia represented the Applicant at the hearing. Attorney D'Elia explained to the Board that the applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(4) and (5) in order to alter and extend the preexisting nonconforming structure on the Locus. The applicant intends to add approximately 409 + square feet of ground cover to the structure without being any closer to the lot lines than the existing structure. The structure is nonconforming as to side yard setback, being sited as close as 2.8 feet from the lot line in a district that requires a side yard setback of ten (10) feet. Attorney D'Elia explained to the Board that at the time of construction, the side yard setbacks were three (3) feet. Although the structure is sited within this side yard setback, the structure received a Certificate of Occupancy in 1978. In addition to adding to the structure, the Applicant is proposing to convert the structure into a duplex, which is a use allowed by right in the Residential - 10 (R -10) zoning district. However, because the structure is nonconforming with respect to side yard setback, the Board of Appeals needs to make the finding that the proposed change of use to a duplex is not substantially more detrimental to the neighborhood than the existing nonconformity. 5. Therefore, after a discussion with the Applicant, the Board finds that such an alteration pursuant to Sections 139 - 33.A.(4) and (5) to allow the 409 + square foot addition and to convert the structure into a duplex is not substantially more detrimental to the neighborhood than the existing nonconformity and is in harmony with the purpose and intent of the Zoning Bylaw because the proposed addition is no closer to the lot line than the existing structure and a duplex use is allowed by right in the R -10 district. 6. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board of Appeals grants a Special Permit for the relief sought by the Applicant pursuant to Sections 139- 33.A.(4) and (5) to allow the 409 + square foot addition and to convert the structure into a duplex with the following conditions: a. That the construction and parking shall be as shown on the plan entitled, "Platt, 71 Hooper Farm Road, Nantucket, MA 02554," prepared by Permits Plus, dated February 11, 2013, attached hereto as "Exhibit A "; and, b. That the ridge height of the existing structure shall not change. SIGNATURE PAGE TO FOLLOW 4 Dated: I b1 '2013 �J4477- Lisa Botticelli jun trt ra Ker im to a Geoffrey Thayer COMMONWEALTH OF MASSACHUSETTS Nantucket, as. A � 2013 On this day fA 1 2013, before me, the undersigned Notary Public, personally appeared (4 who is personally known to me, and who is the person whose time is signed on the preceding r attached document, and who acknowledged to me that be/sitCCC// tsigned it voluntarily for its stated purpose. % commission expires: jjAyjUPI I` I .- �; 1 A LL� 1 4 II �� --- ---- - -- - -- _� `a.en.l x i � x y � I �1 a I :� 0 dF