HomeMy WebLinkAbout034-13 9 North Beach StreetN
TOWN OF NANTUCKET, w
BOARD OF APPEALS m
NANTUCKET, MASSACHUSETT�,0n5 k
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Date: July 31, WI ,
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To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 034 -1
Owner /Applicant: Thomas Robinson
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 (29),day�.
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 BOARD OF APPEALS
4 Fairgrounds Road
Nantucket, Massachusetts 02554
Map 4241 9 North Beach Street
Parcel 94 Book 1302, Page 198
Limited Commercial
At a Public Hearing of the Nantucket Zoning Board of
Appeals held at 1:00 p.m., Thursday, July 11, 2013 at 4
Fairgrounds Road, Nantucket, Massachusetts on the
Application of Thomas Robinson, 9 Clark Road, Brookline, MA
02445, Board of Appeals File No. 034 -13, the Board made the
following Decision:
1. Applicant is requesting Special Permit relief
pursuant to Nantucket Zoning Bylaw Section 139 -
33E(2)(a) to allow the demolition of the
existing structure and the construction of a new
dwelling with a ground cover ratio of
approximately 38 %. The Locus is situated at 9
North Beach Street, is shown on Assessor's Map
42.4.1 as Parcel 94, and evidence of owner's
title is recorded in Book 1302, Page 198 at the
Nantucket County Registry of Deeds. The site is
zoned Limited Commercial (LC).
2. This Decision is based upon the Application and
materials submitted with it, along with the
testimony and evidence presented at the hearing.
The Planning Board did not make a recommendation
as the matter was not of planning concern.
There were no letters regarding this
Application. There was one abutter represented
by counsel that was concerned about drainage,
which is addressed in the restrictions contained
herein
3. Applicant, through counsel, represented that the
Locus and the structure thereon is treated as
pre- existing, non - conforming in accordance with
Zoning Bylaw Section 139-33A(8). The Locus was
created through the Planning Board endorsement
of an Approval Not Required (ANR) plan pursuant
to MGL c. 41 § 81P based upon the exception in
the clause of MGL c. 41 § 81L for lots
containing two of more structures that pre -date
the adoption of the subdivision .control law
(1955). Said plan was recorded on August 24,
2010 at the Nantucket Registry of Deeds as Plan
No. 2010 -41. Although applicant's counsel
previously appeared before the Board in 2011
where Variance relief was granted to validate
the subject lot as a separate marketable and
buildable lot, and to validate the site of the
existing structure. Zoning Bylaw changes after
that time have rendered the variance no longer
relevant.
The lot is 3,002 square feet in a zoning
district that requires a minimum lot size of
5,000 square feet. The current ground cover is
29.3% in a district that allows a maximum ground
cover of 50%, and 30% for pre- existing, non-
conforming lots. The existing structure is
sited as close as about 0.4 feet from the
northeasterly rear yard lot line in a zoning
district that requires a minimum rear yard
setback of five feet. Applicant received HDC
approval to demolish the existing structure, and
construct a new dwelling that will meet all of
the required setbacks. The proposed dwelling
will have a ground cover ratio of approximately
38%. On -site parking will be provided. Special
permit relief is requested to allow
approximately 38% ground cover in a "zoning
district that allows 30% for pre- existing, non-
conforming lots by -right and up to 50% by
special permit.
Therefore, based upon the foregoing, the
Board finds that the proposed demolition, of the
existing dwelling and construction of a new
dwelling that will conform to required setbacks
is consistent with the By -law, and the proposed
increase in ground cover shall not be
substantially more detrimental to the
neighborhood than the existing non - conformity.
Accordingly, by a UNANIMOUS vote, the Board of
Appeals hereby GRANTS the relief by SPECIAL
PERMIT under 139- 33E(2)(a) allowing the
demolition and construction of a new dwelling
with a ground cover of approximately 38 %, as
shown on a plan entitled "Proposed Site Plan,
HDC Revisions: New Dwelling, Map No. 4241 94"
prepared by MWP Residential Design, dated March
11, 2013, and attached hereto as Exhibit A, and
subject to the following conditions:
(a)AS offered by the Applicant to address
neighborhood concerns, no exterior
construction shall take place beginning June
l't through and including September 30th.
(b)Prior to the issuance of a building permit,
Applicant shall provide, for the file, a pre -
development existing conditions plan for the
subject site with emphasis along the
southeastern portion of the lot line abutting
the lot shown on Tax Assessor's Map 42.4.1 as
Parcel 93. The plan shall be prepared by a
Professional Land Surveyor, and shall include
specific elevations shown within a grid
commensurate with the size of the subject
property. Prior to the issuance of a
Certificate of Occupancy, the Applicant shall
provide for the file a post - development
conditions plan. In the event that spot
elevations- indicate an increase from pre -
development conditions, a Professional Land
Surveyor or Professional Engineer shall also
certify that no net increase in storm water
flow toward abutting property will occur.
SIGNATURE PAGE TO FOLLOW
Map 4241 9 North Beach Street
Parcel 94 Book 1302, Page 198
Limited Commercial
Dated: July 11 , 201:
Michael O'Mara
usan McCa
Geoffrey Thayer
COMMONWEALTH OF MASSACHUSETTS
V SACHUSETTS
Nantucket, ss. � V /pjr
, 2013
On this I— day of b-fi�2013, before me, the
under ne 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.
n •.s�.s�.ss'
•( � LESLIE WOODSON SHELL
_ Notary Public:TMPUELs
My commission expires: NycommF�lnsSep.2e,zoie
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