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Home My WebLink About058-13 39 & 41 Sheep Pond RoadNANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 FEE: $300.00 CASE NO. APPLICATION FOR RELIEF Owner's name(s): Jennifer Jordan Mailing address: 41 Sheep Pond Road, Nantucket, Massachusetts 02554 Applicant's name(s): Same Mailing address: Same Locus address: 39 & 41 Sheep Pond Road Assessor's Map/Parcel: git17i f4, she L.C. Plan 37270 -a (39 Shea Pond) 5 (39 Sheep Po Land Court PlawPlan Book & Page/Plan File No.:1, C. Plan 37270 -A (41 plot No.: , (4, shee.. 00 J.0/ 3/2004 (39 he P )rt. She PpnaL Dale lot acquwe )�eeJ�tei /l;ert. of Title: 2,, 472 (39 Sheep Ponm onmg District: LUG z 09/08/2000 (41 Sheep Pond) 25,604 (42 SBe P Pond) Uses on Lot– Commercial: None x Yes (describe) Residential: Number of dwellings--L— Duplex 0 Apartments 0 Rental Rooms 0 Yes, for Building Date(s): All predate 7/72? no or 1983 C of O(s)? BP 2882 -83 Building Permit Nos: 731 -77 superceeded by 2882 -83; 830 -02; and 6449 -88 Previous Zoning Board Application Nos.: None. State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities: See attached Addendum. n v A M m rn M o < � 3 rn n o r o ,o 0 I certify that the information contained herein is substantially complete and true to the best of r knowledge, under (he pains,an¢,penalties of perjury. to brine this matter before the Application received on:_/ / By: Complete: Need copies ?: Filed with Town Clerk:_/ / Planning Board:_/ / Building Dept:—/—/— By: Fee deposited with Town Treasurer:_/ / By: Waiver requested ?:—Granted:—/ / Hearing notice posted with Town Clerk:_ /_/ Mailed:_/ / I &M:_/ / & —/—/— Hearing(s) held on:_/ / Opened on: _/ / Continued to:_/ / Withdrawn ?:_ / / DECISION DUE BY:—/—/— Made:_/ / Filed w/Town Clerk:_/ / Mailed:_/ / DECISION APPEALED ?: / " / SUPERIOR COURT: LAND COURT Form 4/03/03 Pone AAA_nA". (Jennifer Jordan, 39 & 41 Sheep Pond Road, Nantucket, Massachusetts) The Applicant seeks a variance under Nantucket Zoning By- law (the "By -law ") §139 -32 and in the alternative a special permit under By -law §139 -30, to relocate an existing single - family dwelling on the locus to a location where it has setback from Sheep Pond Road on the north in excess of the required thirty -five (35) feet and from Sheep Pond Road on the east of at least fifteen (15) feet, where front yard setback of thirty -five (35) feet and side yard setback of fifteen (15) feet are required, and to add window wells and a walk -out basement access. In all other respects, except for front yard setback, the locus and the dwelling as so relocated and expanded will meet all dimensional requirements of the By -law. In the alternative, the Applicant requests a finding that no relief is required because under the definitions of "frontage," "yard," and "yard, front" in the By -law, front yard setback is not required to be maintained from the street providing frontage or from both Sheep Pond Road to the north and Sheep Pond Road to the South. In this case, the locus is a corner lot, fronting on Sheep Pond Road to the north and east (Sheep Pond Road effectively acting as two streets within the meaning of the By -law), and front yard setback of thirty -five (35) feet is provided from Sheep Pond Road to the north, and side and rear setback of fifteen (15) feet is provided from all other lot lines, including Sheep Pond Road to the east, while frontage is provided from Sheep Pond Road to the east. The Applicant seeks this relief to retreat from the severely eroding bank to the south that places the dwelling in its existing location in imminent danger. The locus is located at 39 & 41 Sheep Pond Road, is shown on Nantucket Tax Assessor's Map 63 as Parcels 39.1 and 171, is Lot 5 on Land Court Plan 37270 -B and Lot 2 on Land Court Plan 37270 -A filed with Nantucket Registry District, and is located in the Limited Use General (LUG 2) zoning district. Existing Conditions Site Plan to Accompany Zoning Board of Appealsn�; a, Application Nantucket, Mass. SC.VF i'. W2 .WdSl B. ID1] dK a nu.: RIFF. na:. .. r`�ar::w'�`w � � w•• _ "C i M x�5 °c �n lnm bm....N9 91EFP. POND POM. 1� ✓+"0 BL4CRFElISSSOT°BS .r I.. SHEEP POND AD RO tress xexrscxsr, ozsse lsoa) sze -sozs e wars lcwu6 wmulwm=Nlwm"+uo N0143Y6 V 116 Fl.W Mi IbT'MLY w]"4m R69W16M%YVIe6GFnfl IXE tea. A° x W49XMYM fCIM Nll 65 iRWd 10 MmIPNtt NI wR1GiCN Th. NwM]RI Sec, T6 PVII 9�VAYe mLBLIbmID a v _Ban[ w�.N6 6666ox W. ra°awi amp aRmas omw lllw LL.",•,o -• w' • I �'0 m nlwu+mxx a xwrmxzr ouo NDT HE xrs 1 Z\ .� ,.•mr .wee tecsNn "e61 ro- — - uarorss vx.ue 00 \ W+.. 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' � .2� � � /� m ® 2 � �- - � � \ \� � � � � � � � / � , � �� \ . � + � � � y $j"00 Town of Nantucket Zoning Board of Anneals RECEIVED BOARD OF ASSESSORS JUL 17, 2013 TOWN OF NANTUCKET. MA LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTYOWNER ..... Frederick and Jennifer Jordan .................................. .................... ........... c/o Sarah P. Alger, P.C. 1WO South Wa Street, Nantucket, MA 02554 MAILINGADDRESS. .................ter ..................... .............................. 39 and 41 Sheep Pond Road PROPERTYLOCATION ................................... ............................... ASSESSOR MAP/PARCEL .... .Map 63, Parcels 39.1 and 19a . ...... I........... I ................. Sarah F. Alger, P.C. SUBMITTEDBY....... . .............................. .................. I.................. SEE ATTACHED PAGES I certify that the foregoing is a list of all persons 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 11 and Zoning Code Chapter 40A, Section 139 -29B (2), O� D SSESSOR'S OFFICE TOWN OF NANTUCKET .Wm.onm�au.,mi� A GG � F � C H H H C M A5 wW��SBgW �z c �v p I60D��p &6.a 6011 ....mau.W.�e S 9 9 88g 8.S g68�gg66 Easy Peel ®Labels i ♦ Bend along line to I AVERY ®5160® Use Avery®Template 51600 A Feed Paper expose Pop -up EdgeTM Nantucket Conservation Benjamin G & Catlin JA, Gifford - Marilyn Showstack Foundation 1 37 Cascade Road 14 Brent Road Post Office Box 13 Stamford, CT 06903 Lexington, MA 02421 Nantucket MA 02554 Elizabeth Kutn n Edward Miller S Ttst EW Albert L & Lynn B Ackerman 530 Park Ave Apt 12 C 800 N Talniami Tr Unit 70 1016 5d• Avenue New York, NY 10065 Sarasota, FL 34236 New York, NY 10028 Albert B Ackeunan - Andrew & Marilyn Fuze Jane Johnson Trustee etal 1016 5f Avenue Apt IB 14 Riverfield Drive 128 Hollister Avenue New York NY 10021 Weston CT 06883 Santa Monica CA 90405 i Ucy� b TOWN OF NANTUCKET RECEIVED BOARD OF APPEALS 2013 OCT 17 PM 2 NANTUCKET, MASSACHUSETTS 02554 NANTUCKET TOWN CI Date: September 12, 2013 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 058 -13 Owner /Applicant: Jennifer J. Jordan 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 TWENTTY x(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 Two Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 63, Parcels 39.1 and 171 39 and 41 Sheep Pond Road DECISION: Certificates of Title Nos. 21,472 and 19,604 Limited Use General 2 (LUG2) 1.. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, September 12, 2013, at 12:00 P.M., Four Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of JENNIFER J. JORDAN, c/o Sarah F. Alger, P.C., Two South Water Street, Nantucket, Massachusetts, 02554, File No. 058 -13: 2. The Applicant is requesting Variance relief pursuant to Nantucket Zoning By -law (the "By -law ") §139 -32 from the setback requirements of By -law 9139 -16 and in the alternative Special Permit relief pursuant to Bylaw §139 -30 in order to relocate an existing single family dwelling away from an eroding coastal bank. The structure in the proposed location will be located at least 35 feet from Sheep Pond Road to the northwest and at least 15 feet from Sheep Pond Road to the northeast. The Applicant also proposes to add window wells and a walk -out basement. In the alternative, the Applicant requests a finding that no relief is required and that the new location of the structure meets the front and side yard setbacks, where the lot is determined to be a corner lot. The Locus is situated at 39 and 41 Sheep Pond Road, is shown on Assessor's Map 63 as Parcels 39.1 and 171, respectively, and is owned by the Applicant by virtue of Certificates of Title Nos. 21,472 and 19,604, respectively at the Nantucket Registry District. The locus is zoned Limited Use General 2 (LUG -2). 3. Our decision is based upon the application and accompanying materials and 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 no letters in favor of, or in opposition to, the application. 4. Attorney Sarah Alger represented the Applicant at the hearing. Attorney Alger explained to the Board that the Applicant is seeking a variance under Nantucket Zoning By -law (the "By -law ") §139 -32 and in the alternative a special permit under By -law §139 -30, to relocate an existing single - family dwelling on the locus to a location where it will have setback from Sheep Pond Road on the northwest in excess of the required thirty -five (35) feet and from Sheep Pond Road on the northeast (and all other lot lines) of at least fifteen (15) feet, where front yard setback of thirty -five (35) feet and side yard setback of fifteen (15) feet are required, and to add window wells and a walk -out basement access. In all other respects, except for front yard setback, the locus and the dwelling as so relocated and expanded will meet all dimensional requirements of the By -law. In the alternative, the Applicant is requesting a finding that no relief is required because under the definitions of "frontage," "yard," and "yard, front" in the By -law, front yard setback is not required to be maintained from the street providing frontage or from both Sheep Pond Road to the northwest and Sheep Pond Road to the northeast. In this case, the locus is a corner lot, fronting on Sheep Pond Road to the northwest and northeast (Sheep Pond Road effectively acting as two streets within the meaning of the By -law), and front yard setback of thirty -five (35) feet will be provided from Sheep Pond Road to the northeast, and side and rear setback of fifteen (15) feet will be provided from all other lot lines, including Sheep Pond Road to the northeast, while frontage is provided from Sheep Pond Road to the northeast. The Applicant seeks this relief to retreat from the severely eroding bank to the south that places the dwelling in its existing location in imminent danger. Given the size and shape of the existing dwelling the relief is necessary to relocate the structure as far as possible from the eroding bank. Both the Nantucket Historic District Commission and the Nantucket Conservation Commission have granted the approvals necessary from them for the proposed relocation. 5. Therefore, after a discussion with the Applicant and based upon the foregoing, the Board finds that owing to circumstances relating to the soil conditions, shape, and topography of the locus and the structures upon it and especially affecting the locus but not affecting generally the Limited Use General 2 zoning district in which the locus is situated, a literal enforcement of the provisions of the By -law, and specifically of §139 -16, would involve substantial hardship, financial and otherwise, to the Applicant, and the requested relief may be granted by variance without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this By -law. In making this finding and granting variance relief, the Board considered the severe and advancing erosion, the unusual situation of the locus being bounded by the same way (Sheep Pond Road) on two sides, the fact that the structure, as relocated will meet front yard setback from Sheep Pond Road on the northwest and will be at least fifteen feet from all other lot lines, and the desirability of moving the existing structure as far from the eroding bank as possible. 6. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board of Appeals grants a Variance under By -law §139 -32 to allow the relocation of the existing single - family dwelling on the locus away from the severely eroding coastal bank to a location where it will have setback from Sheep Pond Road on the northwest in excess of the required thirty -five (35) feet and from Sheep Pond Road on the northeast (and all other lot lines) of at least fifteen (15) feet, and to add window wells and a walk -out basement access, all as shown on the "Proposed Conditions Site Plan to Accompany Zoning Board of Appeals Site Plan," ydrawn by Blackwell s Associates, Inc., dated August 12, 2013, revised September 13, 2013, a copy of which is attached hereto as Exhibit A. SIGNATURE PAGE TO FOLLOW Dated: &hbti l$ , 2013 Nantucket, ss. Sus McCa t eri Iose chael Angelastr COMMONWEALTH OF MASSACHUSETTS On this J/M day of OC h bt r , 2013, before me, the unde ;gned Notary Public, personally appeared '%Gi =,d 411i.,C 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. Notary Publ' . _ My commission expires: LY"Rt D.- V0LIANi Nafw-y Publk. u (/ /J Cam manwealti�. of m..avaeh"aft My Cnmmiss'oa Exylrai bercw6er 78, $018 - Proposed Conditions Site Plan to Accompany Zoning Board of Appeals Application 1. Nantucket, Mass. XAIE 1'- w .: wwl 12, i. RE.Oa: SE1.. IS f.] a.�.: JENNIFER, ✓,. JORDAN /]I.R G T ". LOi 5 ev - 6}21ClkT19.1 A Ixu�e pp k,NI 9iEEP POND ROPO BLACEIBLL k Assocans. Inc. rr.� era slw.B^.e 20 TLS ➢a6 CM. M"TUMT. 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