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Home My WebLink About020-13 7 South Valley RoadC/ RECEIVED 7013 ("flY 3 F01 3 38 TOWN OF NANTUCK YO" IET TOWN CLERK HOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $300.00 Pile No. 0ZO - 1 3 Oumefs neme(s): J. Alexander Spencer Malting address: 7 South Valley Road, Nantucket, MA 02554 Phone Nmmber: &Mali: Applicant's name(s): Oak Hill Investments LLC Mailing Address: c/o VDH &B PC 2 Whalers Lane P.O. Box 658 Nantucket MA 02554 Phone Number: same UM", same Locus Address: 7 South Valley Road Assessors Map /Parcel: 43/142 Land Court Plan /Plan Book & Page /Plan File No.: Lot 22 on Land Court Plan 11461 -H COT Deed Reference /Certificate of Title; 23091 Zoning Distdct LUG -1 Uses on Lot- Commercial: None X Yes (describe) Residential: Number of dweWngs 1 Duplex Apartments Date of Stmcture(e): all pte -date 7/72 _ or Building Permit Numbers: Previous Zoning Board Application 2 Balrlic o u a de Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508 -228 -7298 facslmlle 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 penaides of perjury. SIGNATURE: Owner* J. Alexander Spencer SIGNATURE: Appicam /Attorney /Agent* Lori D'ETia, Attorney for Applicant - *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—.J_/Planning Board:,_ /_ Building Dept.:JJ_ By:_ Fee deposited with Town Treasurer.--/—/— By:_ Waiver requested:_ Granted:—/. —/_ Heating notice posted with Town Clerk,,—/—/— Mailed:—/—/— I &MJJ_ &-/—/— Heating() held on:JJ— Opened on Continued to:J —/_ Withdrawm,_/_/_ Decision Due By:JJ_ Made:_ /_ /^ Filed w /Town Clerk` /J— Mailed:JJ_ 2 Nairgrounda Road Nantucket Maesac hueetta 02551 508- 228 -721'5 telephone 508- 228.7298 sa c e imile VAUGHAN, DALE, HUNTER AND BEAUDETTE PPOff0.910 N >l COwnowsTlON ATTORNEYS AT LAW WEA WLANR EDWARDFO6RYVAUORAN P.O,BoxaSR ARvwF.DA NANTUCEET,MASSACRUSETTSMM WruuxF llux RICRARRP.BmuDETTR 1R0008I228 4155 _ .A. 4508)M<O]0 LORID'Etu April 12, 2013 John Broacher, Esquire Nantucket Zoning Board of Appeals Fairgrounds Road Nantucket, MA 02554 Re: Request for Special Permit 7 South Valley Road Map 4, Parcel 141 Nantucket, Massachusetts 02554 Dear John: On behalf of my client, Oak Hill Investments, LLC, enclosed is an application with supporting documentation for your review with respect to 7 South Valley Road (the "Property "). My client requests a Special Permit to demolish the existing greenhouse and to move or demolish the existing dwelling. Further, the Applicant plans to construct a renovated or new dwelling together with a new garage, shed and pool. While the total ground cover on the Property will increase by 264 square feet, the proposed work will cure the current front yard setback violations on the Property caused by the existing dwelling and greenhouse. Please note that four (4) duplicate counterparts accompany the original application. Please also note that I reserve the right to supplement this application with further materials at a later time. I have also enclosed the filing fee required by the Town of Nantucket in the amount of $300.00. John Broacher, Esquire April 12, 2013 Page 2 of 2 Please mark this matter for hearing by the Nantucket Zoning Board of Appeals at its May 2013 Public Hearing. Thank you for your help in this matter. Please feel free to call me should you have questions. Sincerely, r'n/ �W Lori D'Elia LLD/ Enclosures cc; Oak Hill lnveshnents, LLC �t, r I T 1 Ih y i if fp�y ADDENDUM "A" TO ZONING APPLICATION 7 South Valley Road The applicant, Oakhill Investments, LLC (hereinafter the "Applicant), is the contract purchaser for 7 South Valley Road, Nantucket, MA 02554, shown as Lot 22 on Land Court Plan 11461 -H registered at the Nantucket Registry District of the Land Court and as Parcel 43 on Nantucket Town Assessor's Map 142 (the "Property "). Applicant hereby requests Special Permit relief pursuant to Sections 139 -33A (4) (a) and (b) and (5) of the Nantucket Zoning By- Law (the "By- Law "). The Property is located in the Limited Use General -1 ("LUG -1'7 Zoning District and is currently improved with a two story wood frame dwelling with an attached garage and a greenhouse. The existing conditions of the Property are shown on a Site Plan prepared by Site Design Engineering, LLC, dated April 2, 2013 (the "Site Plan "), a copy of which is attached as Exhibit A. As shown on the Site Plan, the Property consists of a 27,914 square foot lot in a zoning district with a minimum required lot area of 40,000 square feet; has frontage in the amount of 314.03' where 100' is required; a front yard setback of 21.8' where 35' is required; a 38.2' side yard setback where 10' is required, a rear yard setback of 25.5' where 10' is required; and a ground cover ratio of 7.15 % (1,943 square feet) in a district where 7% (1,903 square feet) is the maximum ground cover ratio allowed. As such, the Property is non - conforming with respect to lot size, front yard setback and ground cover. As evidenced by the Zoning Affidavit attached hereto as Exhibit B, the existing structures on the Property were constructed prior to 1972. As such, the Property is pre- existing non - conforming with respect to the current zoning regulations in the LUG -1 Zoning District. PROPOSED ALTERATIONS As shown on the proposed plans prepared by Emeritus Development Ltd., dated April 10, 2013, attached as Exhibit C, the Applicant proposes to demolish the existing 414 square foot greenhouse on the Property. Further, the applicant plans to move or to demolish the 1,529 square foot dwelling on the Property and to construct a renovated or new 1,943 square foot dwelling together with a new 264 square foot garage, 120 square foot shed, and an 18' x 36' pool. As a result, the Applicant plans extend the total ground cover on the Property from 1,943 square feet to 2,207 square feet, creating a total ground cover ratio of 8 %. While the proposed work will create a minor increase in the total ground cover on the Property, the Applicant's plans will cure the existing front yard setback violations caused by the existing dwelling and greenhouse. 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. While the Applicant proposes to increase the total ground cover on the Property by 264 square feet, the proposed work will also eliminate the current intrusions into the front yard setback caused by the existing structures on the Property. Therefore, the proposed work will not be substantially more detrimental to the neighborhood than the existing nonconforming structures on the Property. CONCLUSION Granting the proposed Special Permit under the above referenced Sections of the By Law for the proposed work will not be substantially more detrimental to the neighborhood than the pre- existing non - conforming structures on the Property. The proposed plans are suitable for the Property as they are modest in size and scope and the proposed work 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 Property pursuant to Section 139 -32. Due to the shape and topography of the lot and the structures thereon, the literal enforcement of the current LUG -I 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. EXHIBIT A 0 "tn "we4p � S SE A q9i i is j ga F: i s 8 Mks= 6i6�, �Ifl � eie. !eftaa itss;` %rid i �`P ere S :� •t erri� •'l I "1,1 ml fill Fr a IH , e SITE PLAN p 3 EXHIBIT B Nantucket, ss. COMMONWEALTH OF MASSACHUSETTS Affidavit NOW COMES your Afflant, FRANCIS W. PEASE, of 166 Hummock Pond Road, Nantucket, Massachusetts, who first being duly sworn, deposes and says: 1. 1 am familiar with the property at 7 South Valley Road formerly owned by Harry Guest. 2. Harry Guest and I were partners In the painting contractors' business on Nantucket for approximately 19 years. 3. 1 know of my own personal knowledge that Harry Guest built the maln house and out building shown on the attached plan prior to 1972. Signed and sealed this a, .f day of February 2013, Francis W. Pease COMMONWEALTH OF MASSACHUSETTS County of Nantucket, s iM On this AS day February 2013, uCfore me, the undersigned notary public, personally appeared Franc W. Pease, (a) _personally known to me, or (b) _ proved to me through satisfactory a dence of Identification, which was (type of identifhatlo Ito be the person whose name Is signed on the preceding or attached document, and ackno edged tome that he/she signed It voluntarily for Its stated purpose. Official Signature eal of Notary Public i ' I RICHARD J.pl DJFN.!I My commisslon expires: Noieryr�aw COMMOMYEAIaI Of MAE6ECI My COnmtaslon .4 e °LJ- OO,000 IL•JJ Ipl JVJD[n 10 VUn1 (WJVvjh IGJ ftln Im. JVV 4LV IJ14 08Y 27 /08 TIIE 08: YD FAA 15089285830 APLIIUr E. IlOIL10, Jr. IF Ai l� I 11 'Ia��S Y � i 1 •4 �41IdR'2 i �I��® R\.uu�i.is'.INn »a am' Vw1r.,. wJ 1, S1 R Inv' a 1 ✓V 4w\ 1. 5 N bl, I • •� A NJ ,n•..w �.[twV� �IA114ngA(I6n.4'sloefc.Y,'1iN r ..i r.r MIA S inr .j,M, d .- • nr fiwr46 4, ( C.bµN i. sYIWMt •Y .4p1[nlef ne'. LUq[•q+Tl 'r COK re\P.ue � RNL<JY 0 `$, RE H04eR0 VL6w Ce( le'te Lo4W4 2u AO' ' C6uww5 1,y9' ' AM J.Mrn6L9� eRV9A1 `1,1816 [pM1 AIBA v 4 5ey piu lYS 1°P 1[ ru67W[ fi �avalw4enW (yj.y,1Y4 Nn1 watla. d[. q(d A9w8U1EY PLOT PUN NutIUCR[Y, MINIMUM( 1+VA,1i,AtyL Uen. MAP. MA49AGNUSElT9 4V6 -� MINIMUM 10T Or SIZE, [e,ouv t.e. SCALE, I Diu' OAf(1 AVa Ic, lv M O 311VO(1 Ioo R IAI fRE 9Et0ACN: OE80 RE[TR(NCF: C- LLeN PUN S1OON 4E a AND A ry SIOC AND pOU 51EiDAD 1c ALWEYAOLk OCP; 7 k eE'4RENCE:u n• nm1.0 ASBf55098 MAP p l- ppW., M,pli E GC.P -Alt ED F 'N l R.Iw.VevJIC: 1.0 a i 4 (JwMI,6 Hat(.•X .eottry y1Lf 3. e .a �4, ieH1i�R5n1a1,� WONN �y11(MlN ry NBMA4f"', 1'uc. 1191 iP) ^ eiq tl0UNp[fOVNel�eR u 'yE ^y(/ F A vbAw', µCT SUAW� YO IS WC. 5 5 WAY NANIUCNET. A. 025" EXHIBIT C `El'0t'PO uol)Dnulsuop Jo/ ION - AtUO uoI)anijddy •V.e'Z \ ' ,1 m a a� 4 .N C R � C FL c y�p gp RECEIVED BOARD OF ASSESSORS APR 0 8 2013 fovm of Nantucket TOWNOF NANTUCKET, MA Zoning Board of Anneals LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER ..... J. Ate . aander ......... SP . mw .... r ............... ............................... MAILING ADDRESS..,, alo Vaughan, Bale, Hunter and Seaudeae, P.C. - Richard P. Beaudeae .............................. ............................... PROPERTY LOCATION ... r .. South ...... Valla ..... y . Ro ... ad ............... ............................... ASSESSOR MAP/PARCBL...° �92........... ............ ............................... SUBMITTED BY...... game ac Abova ....................... ............................... SEE ATTACHED PAGES I certify that the foregoing is alist of all persona 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 I1 and Zoning Code Chapter 40A, Section 139 -29B (2)• f i. I � t / DATW , � � -4, /I Z &, ASSESSOR'S OFFICE TOWNOFNANWCKET �e 8 6EGGGaaGaa ®88GFG=�Sx �ga5 °grec ¢ a 1,10161 3px933333a ec Rgr, s��aaaaaaa Easy Feel ®Labels I ♦ ® Bend along line to a AVERY 0 5160 " - Use Avery®Template 51600 1 feed Paper expose Pop - p Edge'a ` Arthur Reade Jr. Trust 11809 Piney Meeting Road Potomac, MD 20854 Barbara Holly Trust 11 South Valley Road Nantucket, MA02554 James and Letitia Ord c/o Timothy and Lauren Miner 168 Maple Street Sherborn, MA 01770 Charles Blssinger 100 Wells Ave Newton, MA 02459 Stephen and Marcia Anderson 5 South Valley Road Nantucket, MA 02554 Christian Poyant 1270 Soldiers Field Road Boston, MA01235 Edward Brent Monticello Trust 60 Hinkle Road Washington, DC 06793 Thomas Brokaw 4907 Rockwood Parkway NW Washington, DC 20016 Hackett Investments 3372 Del Monte Dr Houston, TX 77019 Patricia Halsted 3 Burroughs Road Lexington, MA 02420 Etlquettes fatties A paler I sons Raptiez A Is hachure alin de l www.averv.com Utllisez Is geberit AVERY ®5160® chargement r6vAler la reboM POPUj I 1.800-GO-AVERY Easy Pee, labels A fend ebng lin.N I QAVERV ®5260 *m1 Use AVary Templatesmoso Ned Paper evpase POp- pEdga`v Arthur Reade Jr. Trust 11809 Piney Meeting Road Potomac, MD 20854 Barbara Holly Trust 11 South Valley Road Nantucket, MA 02554 James and Letitia Ord c/o Timothy and Lauren Miner 168 Maple Street Sherborn, MA 01770 Charles Bissinger 100 Wells Ave Newton, MA 02459 Stephen and Marcla Anderson 5 South Valley Road Nantucket, MA 02554 Chrlstlan Poyant 1270 Soldlers Field Road Boston, MA 01235 Edward Brent Monticello Trust 60 Hinkle Road Washington, DC 06793 Thomas Brokaw 4907 Rockwood Parkway NW Washington, DC 20016 Hackett Investments 3372 Del Monte Or Houston, TX 77019 Patricia Halsted 3 Burroughs Road Lexington, MA 02420 Etlquettes faclles A refer Sans de Repllez A Is hachure efln del www.avery.com Utlllsez Is gabarit AVERY ®51600 i chargennert rdvdfer Is rebord pop-up *aj 1- 600 -GO -AVERY u i� RECEIVED TOWN OF NANTUCKETj�D JUL 12 Pn 1 01 BOARD OF APPEALS,ANTUCKET TOWN CLERK NANTUCKET, MASSACHUSETTS 02554 Date: Ju1V 11 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: Oak Hill Investments, 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. Edward fools, 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 7 South Valley Road, Nantucket Assessors Map 4, Parcel 142 Land Court Plan 11461 -H, Lot 22 DECISION: Certificate of Title No. 24,792 L.C. Document No. 141077 Limited Use General -1 1. At a public hearing of the Nantucket Zoning Board of Appeals held on Thursday, May 9, 2013, at 1:00 P.M., at 2 Fairgrounds Road, Nantucket, Massachusetts and continued to Thursday, June 13, 2013, the Board made the following Decision on the Application in Zoning Board of Appeals File No. 020- 13 of Oak Hill Investments, LLC, c/o Vaughan, Dale, Hunter and Beaudette, P.C., PO Box 659, Nantucket, MA 02554. 2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Sections 139- 33.A.(4)(a) and (b) and 5 (alteration of pre - existing, nonconforming structure) to demolish the existing 414 square foot greenhouse on the Property. Further, the applicant proposes to move or to demolish the 1,529 square foot dwelling on the Property and, respectively, either renovate or construct a 1,943 square foot dwelling together with a new 264 square foot garage, 120 square foot "zoning' shed allowed under the By -law and not calculated as part of ground cover ratio, and an 18' x 36' pool. As a result, the Applicant plans extend the total ground cover on the Property from 1,943 square feet to 2,207 square feet, creating a total ground cover ratio of 8 %. The property is pre - existing, nonconforming, and therefore grandfathered, with respect to front yard setback, having a setback of 21.8' where 35' is required and ground cover ratio having a ratio of 7.15 % (1,943 square feet) in a district where 7% (1,903 square feet) is the maximum ground cover ratio allowed. While the proposed work would create a minor increase in the total ground cover on the Property, the Applicant's states that the proposal will cure the existing front yard setback intrusion caused by the existing dwelling and greenhouse. In the alternative, the Applicant requests Variance relief pursuant to Nantucket Zoning Bylaw Section 139 -32 (variances) from the intensity regulations in Nantucket Zoning Bylaw Section 139 -16 (intensity regulations) to complete the requested work. The site is located at 7 South Valley Road, and shown on Nantucket Tax Assessor's Map 4 as Parcel 142. Applicant submitted the original application to the Board as "contract purchaser' of the property but since purchased the property; Applicant's deed is registered with the Nantucket Registry District of the Land Court as Document No. 141077 in Certificate of Title No. 24,792. The site is zoned Limited Use General -1. 3. We base our Decision upon the Application and accompanying materials, representations and testimony received at the two public hearings. The Planning Board did not submit a recommendation in the matter. Abutters to Locus expressed concerns, either through counsel or in letters submitted to the Board, about the proposed expansion of ground cover. 4. At the public hearings, the Applicant was represented by counsel. Attorney for the Applicant stated that the Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139 -33.A.(4)(a) and (b) to either renovate or construct a 1,943 square foot dwelling together with a new 264 square foot garage, 120 square foot shed, and an 18' x 36' pool thereby increasing total ground cover on the Property from 1,943 square feet to 2,207 square feet and resulting in a ground cover ratio of eight (8 %) percent in a Zoning District otherwise limited to seven (7 %) percent. Applicant's attorney argued that although the proposal would result in a slight increase in the grandfathered ground cover ratio, the subsequent curing of the front yard setback intrusion would, on balance, be a benefit to the neighborhood and would not be substantially more detrimental to the neighborhood than the existing nonconforming structures on the Property. 5. Attorney for an abutter opposed to the proposed expansion of the pre - existing, nonconforming ground cover ratio argued that Section 139 - 33.A.(9)(a) and (b) prohibited the demolition and reconstruction or renovation of preexisting nonconforming structures if that resulted in an increase of the grandfathered ground cover ratio and /or, a new single structure having total ground cover representative of the combined ground cover of separate discreet structures previously sited on the property. 6. As a result of the discussions taken by the Board, the Applicant and the abutters, Applicant revised its Application and eliminated the request for an increase in ground cover ratio. Therefore, Applicant now proposes to either move or demolish the existing greenhouse and dwelling on the Property and, either renovate or construct, respectively, a 1743 square foot dwelling together with a 200 square foot garage, 120 square foot "zoning" shed allowed under the By -law and not calculated as part of ground cover ratio, and an 18' x 36' pool thereby maintaining total ground cover on the Property of no more than 1,943 square feet, in other words no more than the current grandfathered ground cover ratio. 7. Therefore, based on the information presented by the Applicant's counsel and as reflected on Exhibit "A ", attached hereto, the Board found that the proposal, as revised, will not be substantially more detrimental than the existing nonconforming structures to the neighborhood. 6. Accordingly, by a motion made and duly seconded to GRANT the requested relief by SPECIAL PERMIT pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(4)(a) and (b) to either move or demolish the existing greenhouse and dwelling on the Property and, either renovate or construct, respectively, a 1743 square foot dwelling together with a 200 square foot garage, 120 square foot "zoning" shed allowed under the By-law and not calculated as part of ground cover ratio, and an 18' x 36' pool thereby maintaining total ground cover on the Property of no more than 1,943 square feet in substantial compliance with the plan entitled "Site Plan to Accompany Board of Appeals Application' prepared by Emeritus, dated June 7, 2013, attached hereto as "Exhibit A," there were five (5) votes in favor and none (0) opposed. SIGNATURE PAGE TO FOLLOW Dated: - 2013 COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. July 1 I ' 2013 On this I day o July, 2013, before me, the undersigned Notary Public, personally appeared who is personally known to me, and who is the person whose name is signed on the preceding or attached document, and who acknowledged to me that he /she signed it voluntarily for its stated purpose. "W