HomeMy WebLinkAbout080-12 Golden Pig, LLC (Decision)TOWN OF NANTUCKET
BOARD OF APPEALS _
NANTUCKET, MASSACHUSETTS 055
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Date: March 15, 28;13 m
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To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the foll M..
Application No:
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 l G S49)
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.
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 368.
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 308 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.
2
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: &c^ K "013
COMMONWEALTH OF MASSACHUSETTS
Nantucket, as. 411f 2013
On this of��� 2013, before me, the undersigned Notary Public, personally appeared
-
;y. pr , who is personally known to me, and who is the person whose
time is signed on the preceding or attached document, and who acknowledged in me that he /&igned it
voluntarily for its stated purpose.
J ary Public;
My commission expires:
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