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Home My WebLink About037-13 7 Kelley RoadTOWN OF NANTUCKE T BOARD OF APPEAL NANTUCKET, "02554 APPLICATION Fee: $300.00 File �� 45 , ✓Ue °�� 10/ S c A rn n m 'a m 0 f 3 v No. Owner's natne(s): &!=L' Mailingaddress: 2�4ta� 121 Phone Number: �'uSf�LrZ —07t!21 E -Mail: �4r- b-rj,.,, i-4tMP�N/Vv��l.cp+. Applicznesname(s): &� l7«�eLxf Mailing Address: ueilw(?A Phone Number. Sat.- E -Mail: Locus Address: °J� ess(/oes Maplparcel: 71 -Z? Land Court Plan/Plan Book & Page /Plan File No.: 1�4 ,y l b , O G cr e) L-o+L 13 Deed Reference /Certificate of Title; 7 Veiiavb District Uses on Lot- Commercial: None Yes (de Residential: Number of dwellings Duplex Apartments Date of Structure(s): all pre -date 7/72 Y^41 or Building Petmit Numbers: Previous Zoning Bond Application 2 Fairgrounds Road Nantucket Massachusetts 02554 508 -228 -7215 telephone 508 -228 -7298 facsimile State below or attach a separate.addendurn of specific special permits or variance relief applying fox: APP Iyl� �r �tw�lcnt's I certify that the information c twined herein is subsmntiallyJcorrplete and true to the best of my knowledge mderithh pains and penalties of perjury. Owner* *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 Treasmer:JJ_ By:_ Waiver requested:_ Granted_ /_ /_ Hearing notice posted with Town Clerk-.—/—/— Mailed: —/_ /_ Hearing(s) held on:—/—J— Opened on:—/—/— Continued to:_ /_/_ Withdmwn: —/_/_ Decision Due By-.—/—J- Made.—/—/— Filed w /Town Clerk:_ /_/_ Mailed:_/_ /_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508 -228 -7215 telephone 508 - 228 -7298 facsimile Town and County of Nantucket June 25, 2013 Ar 14 �2 - 1" =126 ft A yt MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT The Town makes no delma and no xsrranliee, expressed or implied. concemn, be validity or muruer of be cls data presented on this map. Parcels updated oecemeer, 2012 ZONING CLASSIFICATION: LUG :Z Emnmc: Fm. /o.or ° yMSa:.... FW .a:.....3�F� " .. "rum a sue sa:....lO!� .. uvounm cam (x):.....7.% m ........ 6,rovos4o Tana, a'w •> Pf/U1V4v.(i/ ��Ad (;OV,E'RNCD /3y33 - G- 2%A5EKFNrP'A.625' � %iCOPOSpfJ O �K - I 1 (POUnD ArtYIJ N�� b wiu /aACS m D6�gwnc Q -b m HB k PROROS�p BUILDING LOCATION PLAN OF (AND IN NANTUCKET, MA. SCALE: / °YOB OATE:TII.CYL� //' Owner: H. fT .H.lA:4•�Lf2/Z4dEll�Ar6ML4Fn2. oeoa /cen.:4{;,??'JPF ma:ki'!6 rz; Fy 7?. s io. Atop: ,S'/.-R7 iota :: 7KE•S/..E ✓i?��O . MICHAEL CONNOLLY & ASSOC. INC. PROFESSIONAL LAND SURVEYORS 149 SURFSIDE ROAD NANTUCKET, MASSACHUSETTS 02554 50B -228 -8910 C -733 5 3 1� Z' s — �r va f E v Ili y 30 0 Oo N m r� E i 1 t �I I ti f II j' O i 3 3 .i Yf S� x S xx� S � M N 3 3 .i Yf S� �+ Z Z TOWN OF NANTUCKET BOARD OF APPEALS N n NANTUCKET, MASSACHUSETTS 0554, 3 m o � N r U1 f.� Date: September 12, 2 13C! 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 037 -13 Beau and Nathan Barber 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 ( y Ed /oole, Chai 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 54, Parcel 27 7 Kelley Road DECISION: Deed Book 1207, Page 200 Lot 13, Book 16, Page 90 Limited Use General (LUG -1) 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, August 8, 2013, at 12:00 P.M., 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of BEAU AND NATHAN BARBER, 7 Kelley Road, Nantucket, Massachusetts 02554, File No. 037 -13: 2. Applicants are requesting Variance relief from the 20% primary and secondary dwelling differential requirement contained within the secondary dwelling definition in Nantucket Zoning Bylaw Section 139 -2. The Applicant is proposing a 14.5% ground cover differential where a 20% differential is required. The Locus is situated at 7 Kelley Road, is shown on Nantucket Tax Assessor's Map 54 as Parcel 273, and evidence of owner's title is recorded at the Nantucket County Registry of Deeds in Book 1207, Page 200. The site is zoned Limited Use General (LUG -1) . 3. This decision is based upon the accompanying materials, representations, and t at the public hearing. There was no recommendation on the basis that no matters of presented. There were no letters in favor of, to, the requested relief. application and sstimony received Planning Board planning concern or in opposition 4. Beau Barber represented himself at the hearing. He presented the application to the Board and explained that the intent of this application is to modify and reuse an existing structure located on the site and to move onto /construct a new dwelling on the site. Mr. Barber represented that the existing dwelling, once modified, would appear to be a one -story ranch style structure and the other dwelling would be at least one and 1 one -half stories. Because of the pre- existing nonconforming status of the lot, Mr. Barber expressed limitations with reusing the existing dwelling, adding another dwelling, keeping within the .ground cover ratio requirement, and keeping within the primary and secondary dwelling ground cover differential requirement. _ 5. Therefore, after an extensive discussion with the Applicant, the Board finds that pursuant to Nantucket Zoning Bylaw Section 139 -32, Variance relief to reduce the primary and secondary dwelling ground cover differential requirement from 208 to 148 is appropriate relief based on the trapezoidal shape of the lot, which is further oddly shaped by its location along the sharp bend of Kelley Road. This lot shape affects this particular lot, but does not generally affect other land in the zoning district in which this lot is located (LUG -1). A literal enforcement of the ground cover differential requirement would involve substantial financial and other hardship to this applicant and would likely prevent the existing structure from being reused and would add to the construction /demolition debris at the local land fill. The relief requested is granted and will not involve substantial detriment to the public good and will not nullify or substantially derogate from the intent and purpose of the Bylaw. The Board discussed at length the intent of the ground cover differential requirement and determined that maintaining one dwelling at one -story (excluding basement) and the other dwelling at a minimum of one and one -half stories would be consistent with the intent of the secondary dwelling provision of the Bylaw which is "... that one of the two dwellings be designated and constructed at such scale and bulk as to be clearly subordinate in both use and appearance." 6. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board of Appeals grants a Variance pursuant to Nantucket Zoning Bylaw Section 139 -32 for relief from the 208 primary and secondary dwelling ground cover differential requirement contained within the secondary dwelling definition in Section 139 -2, subject to the following conditions: a. That the existing dwelling be limited to a single story structure (excluding basement), and that the other dwelling be at least one and one -half stories to maintain the intent of the Bylaw as noted in paragraph 5 above. b. That the secondary dwelling ground cover differential may be reduced to no less than 148 from the required 208.. The total ground cover upon the lot shall not exceed 2,151 square feet. 2 c. That the improvements upon the lot shall be in substantial conformance with the site plan - entitled "Proposed Building Location Plan of Land in Nantucket, MA." prepared by Michael Connolly & Assoc. Inc., dated July 1, 2013, attached hereto as "Exhibit A ". SIGNATURE PAGE TO FOLLOW 3 Dated:- %Z- , 2013 Mark Poov�""""1 14i6hael Angelas COMMONWEALTH OF MASSACHUSETTS Nantucket, as. S *1(1'r 2013 On this 1%;� day of &q?kNW 2013, before me, the undersigned Notary Public, personally appeared US0. b4+i of I I! , 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. "iA4te D Lld - Notlary Public: My commission ex �res; LYNELL D.VOLLANS Notary Public Commonwcolth of IV Massachusetts My Commission Expires December 28, 2018 ZONING CLASSIFICATION:/ V� wx. mu . ... Yo,,404 S•/ mow Yum s&:...7. e7- RW & SME S.a: .... Ia. P/- .Wo D COER (Xy .....7.% �mvoosry � \\ O.eivev.(Y O A AeoaosFd rs -/6 _ �q(F SR;cM ,E,y/gRYYY (Tn 6e RXZ�R� m rte¢ CONNOLLY Na.4V82 Extnrb4 A " PKIWC: 30,7.?StS.� .S.cEV%u� K -. -40 2457 S.i. p. ffiw cr ZzI � [.!RxamarnwJ ; .b� A'Or -si, s Q C GROPOSE.p BUILDING LOCATION PLAN OF LAND IN NANTUCKET UA. SLALE /�; 540, w1E:TU.W'1,� /3 Owner:/ 5471IAk4,49045-09�WA.940WWe . oasa /an.: Bf..?NPC,2?Vmn:k'rib Ft; �,wri rox LLno: .`. �/. -�27 �oc�s:7fCF�S/.E✓ROr[!> MICHAEL CONNOLLY & ASSOC, INC. PROFESSIONAL LAND SURVEYORS 149 SURFSIDE ROAD NANTUCKET, MASSACHUSETTS 02554 506 -228 -8910 c -7f/