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HomeMy WebLinkAbout081-13 30 Rhode Island Ave.0 v w G G � TOWN OF NANTUCKET rn BOARD OF APPEALS IF NANTUCKET, MA 02554 y m m APPLICATION Fee: $300.00 File No. Owner's name(s):'rhL M-6.1 i vO eJ P6s.A %1 1l T I UST rJII� n Mailing addressC�e : I IIUDPfA �ArL� Ai`J PIA UTVCILET Phone Numbet��s . `J' 7,�'�_152 g E -Mail: t �� !a� s• s . c-ow AppliczaYs -tame(s): I e Rea ATO, TTLVVEf; Gt al. Phone Number. Locus Address: 'ZO UOD c {Su wD AL& Assessor's Map/Parcel: ffAQ3.I —_IG7- Land Court Plan/Plan Book & Page/Plan Pyle Deed Reference /Certificate of Title: 2 K0 Zoning District 1/ _� Uses on Lot- Commercial: None ✓ Yes (desctibe) Residential: Number of dwellings I Duplex — AP2112nents — Date of Stmctote(s): all pre -date 7/72 �.5- Previous Zoning Board Application Ntsmbea A 2 Paixgxouads Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508- 228 -7298 facsimile 1971 AERIAL PHOTO Blackwell & Associates, Inc. Professional Land Surveyors 20 Teesdale Circle Nantucket, MA 02554 x Town of Nantucket, Massachusetts DEP File Nurnber. t WPA Form 5 - Order of Conditions SE46 -2590 ;,. The Town of Nantucket Bylaw Chapter 136 ProvNed by DEP �APoMai V 61. Additional Conditions The Town of Nantucket Conservation Commission has found it necessary to include these additional conditions as a standard part of every Order. If the condition applies, then the corresponding box will be checked: ® 1. Pursuant to General Condition Number B, this Order of Conditions must be registered with the Registry of Deeds for Nantucket, and proof of recording shall be submitted to the Commission prior to the commencement of any work approved in this Order. ® 2. No work approved under this Order shall take place until all administrative appeal periods from the Order have elapsed, or, if an appeal has been fled, until all proceedings have been completed. ® 3. The landowner, applicant, and /or the contractor will notify the Commission in writing five days prior to the start of work. The letter shall state the name, address, and telephone number of the project supervisor who will be responsible for insuring onsite compliance with this Order. (All erasion /sedimentation control devices shall be installed BEFORE the start of work.) ® 4. Prior to any activity at the site, a snow fence, siltation fence ore line of straw bales shall be staked as shown on the plan of record. After the fence or straw bales are installed, notice shall be given to the Nantucket Conservation Commission. No work shall begin on the site for 72 boom after said notice is given; so as to allow Commission members time to inspect all siltation devices. The snow fence, siltation fence, or straw bale line erected to prevent siltation, erosion, filling of the wetland, and trap windblown debris during construction, will also serve as a limit of the activity for work crews. It shall remain in good repair during all phases of construction, and it shall not be removed until all soils are stabilized and revegetated or until permission to remove it is given by the Commission. ® 5. An as -built plan, signed and stamped by a registered professional engineer or land surveyor in the Commonwealth of Massachusetts, and having the same scale as the final approved plans, shall be submitted to the Commission at the same time as a written request for a Certificate of Compliance, and shall specify how, if at all, the completed plan differs from the final approved plan. The as -built plan shall include, but not be limited to, the following: any /culvert inverts for inflow and outfalls; pipe slope, size, and composition; location of any other drainage structures and their composition; limits of fill or alteration; location of all structures and pavement within 100 feet of the wetland; the edge of the wetland; the grade contours within 100 feet of the wetland. ® 6. Members, employees, and agents of the Commission shall have the right to enter and inspect the premises to evaluate compliance with the conditions and performance standards stated in this Order, the Massachusetts Wetlands Protection Act, and pertinent Massachusetts regulations (310CMR10:00 through 10:99). The Commission may require the submittal of any data deemed necessary by the Commission for that evaluation. ® 7. The applicant, owners, successors, or assignees shall be responsible for maintaining any on -site drainage structures and outfalls, assuring the lasting integrity of vegetative cover on the site, and monitoring of site activities so as to prevent erosion, siltation, sedimentation, chemical contamination, or other detrimental impact to any on -site or off -site resource area. It shall be the responsibility of the property owner of record to ensure compliance with the maintenance conditions required by this Order. Wre1rsm52c�RV. &3413 Peje5M0 Town of Nantucket, Massachusetts DEP File Number. }x WPA Form 5 - Order of Conditions SE482590 The Town of Nantucket Bylaw Chapter 136 Provketl by DEP B1. Additional Conditions (cont.) Z 8. This document shall be included in all construction contracts and subcontracts dealing with the work proposed and shall supersede other contract requirements. Z 9. A complete copy of this permit, including its drawings, Special Conditions, and any Amendments shall be available at the work site whenever work is being performed. The permittee shall provide a copy of this permit to all contractors, subcontractors, and other personnel performing work relating to this project in order to assure full knowledge and compliance with the pernifs terms and conditions. Z 10. Natural vegetation between the wetland edge and upland edge of the Undisturbed Buffer shall be left intact. Within 48 hours of project completion, weather permitting, all disturbed areas shall be replanted as previously approved by the Commission. There shall be at least a 25 -foot undisturbed buffer on the upland side of the wetland boundary, unless otherwise specified by this Order. This shall be an ongoing Condition that shall survive the expiration of this permit and shall be so noted on the Certificate of Compliance . 211. To minimize adverse effects on wildlife and water resources, the use of any pesticide or fertilizer requires explicit permission to be granted by the Commission. This shall be an ongoing Condition that shall survive the expiration of this permit, and shall be so noted on the Certificate of Compliance. Z 12. In all cases, no part of any structure, including decks, stairs, cantilevers, etc., may be closer than 50 feet from the approved wetland boundary unless otherwise specified in this Order. This shall be an ongoing Condition that shall survive the expiration of this permit and shall be so noted on the Certificate of Compliance. 913. Any refuse material found on the site shall be disposed of at an approved landfill and in no case may these materials be buried or disposed of in or near a wetland. 014. This Order of Conditions shall apply to any successor in interest or successor in control of the property. 015. No underground petroleum product storage tanks are allowed within 100 feet of any wetland or within any velocity M flood zone as indicated on the most recent FEMA floodplain maps. Z 16. No work under this Order of Conditions may proceed until the applicant has filed all necessary permits and applications with: Board of Health, ZBA, HDC, Building Inspector, Army Corps of Engineers, DEP, Waterways, MNH, etc. Z 17. All construction and alterations must comply with the above referenced plans and the Conditions of this Order. Any changes Intended to be made in the plans or in the work shall require the applicant to file a new Notice of Intent, or to inquire of the Commission in writing whether the change is substantial enough to require a new filing. No change in plan or work under this fling is permissible without a new Notice of Intent, or permission from the Commission. vq.pms.aoc. rev. eaau aapee ✓e FINDINGS and ADDITIONAL CONDITIONS Massachusetts Wetlands Protection Act (MGL Chapter 131, Section 40) Town of Nantucket Wetlands Bylaw (Chapter 136) Address: 30 Rhode Island Ave Assessor's Map and Parcel: 60.3.1 -152 Property Owner: The McGilvmy Family Trust Applicant: The McGilvray Family Treat DEP File Number: SE48 -2590 Filing Date: August 2, 2013 Date Hearing Closed: September 4, 2013 Date Orders Issued: September 18, 2013 Plan of Record Information: Site Plan of Land to Accompany a Notice of Intent, dated 8/2/1013, stamped by Arthur D. Gasbarro, III, P.L.S. Permit Overview: This order permits the relocation of an existing building, installation of a well and the installation of a tight tank within Coastal Dune. Waivers are required for this project. Additional Findings: 1. The area falls outside mapped habitat areas and does not require NHESP review. In addition to the General Conditions contained elsewhere in this document, the Commission includes the following Special Conditions pursuant to MGLCh131s40 and the Town of Nantucket Wetlands Protection Bylaw, Chapter 136: 18. All work shall be performed in accordance with the Site and Work Description contained within the Notice of Intent and plan notes set out on the plan of record, provided project narratives, waiver requests and protocols. 19. A monitoring report that includes photographs shall be filed with the Commission twice a year in the spring and fall demonstrating the condition of the Coastal Dune. Any adverse impact shall be brought before the Commission to discuss mitigation for that condition. 20. All disturbed areas are to be replanted with American Beach Grass. 21. Once the Coastal Dune is gone the structures shall be removed from the property by the applicant. 22. If previous site improvements are discovered by the erosion of the Coastal Beach or Coastal Dune they are to be removed by the applicant after notifying the Commission. WAIVERS UNDER THE NANTUCKET WETLANDS BYLAW/REGULATIONS Waivers are required to the Nantucket Welland Protection Regulations Section 2.03(B)(2) that all projects which are not water - dependent shall maintain at least a 25- natural undisturbed area adjacent to a coastal done, all structures that are not water dependent shall be at least 50 feet from a coastal done. The Commission finds that based on current and historic site conditions, and the on -going monitoring for impacts that the project m proposed will not have an adverse impact and that there are no reasonable alternatives to the project w proposed. Therefore the Commission grants a waiver under Section 1.03(F)(3)(a) of the Nantucket Welland Protection Regulations. McGilvray, SE48 -2590, 30 Rhode Island Ave, 60.3.1 -152 Information Prior to commencement of work, this Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on this page shall be submitted to the Conservation Commission listed below. Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation To: Please be advised that the Order of Conditions for the Project at Project Lo bon MassDEP Fie Number Has been recorded at the Registry of Deeds of Book Page for: Proppdyo r and has been noted In the chain of title of the affected property in: In accordance with the Order of Conditions issued on: If recorded land, the instrument number identifying this transaction is: If registered land, the document number identifying this transaction is: ,1-15 an rer. 03R/M1a PM 12 p12 Massachusetts Department of Environmental Protection Pmvi by Ms.DEP: Bureau of Resource Protection - Wetlands E4-2 5g0 assE File# MD WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Tranaea�onC And the Town of Nantucket Wetlands Bylaw Chapter 136 Nantucket Information Prior to commencement of work, this Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on this page shall be submitted to the Conservation Commission listed below. Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation To: Please be advised that the Order of Conditions for the Project at Project Lo bon MassDEP Fie Number Has been recorded at the Registry of Deeds of Book Page for: Proppdyo r and has been noted In the chain of title of the affected property in: In accordance with the Order of Conditions issued on: If recorded land, the instrument number identifying this transaction is: If registered land, the document number identifying this transaction is: ,1-15 an rer. 03R/M1a PM 12 p12 RDM ; PHONE N0. : Nov. 12 2013 03 :37PM P1 November 12, 2013 Nantucket Zoning Board of Appeals 4 Fairgrounds Road Nantucket, MA 02554 Re: The McGilvray Family Trust File No. 081 -13 30 Rhode Island Avenue Dow Sir. I saw the Public Notice in the November 7, 2013 edition of The Inquirer and Minor regarding the request for variance relief at 30 Rhode Island Aveoue. I am the owner of 28 Rhode Island Avenue and would like to inquire about the inning request. Will the relocated McGilvmy house just three (3) feet from my Property line impact my ability, in the future, to site a storage shed or build a garage on abutting comers of the respective properties? Can I locate a shed or garage three feet (instead of ten feet) from the same property line and only six (6) feet (instead of twenty feet) from the McGilvray house? Where will the owners and summer renters of the house park their cars? Will overnight street parking on a single lane road be permitted or will the dunes be removed to allow for adequate parking spaces? The proposed relocation site is the current driveway to the house. How much of the dunes will remain . after relocation construction and the installation of a tight tank? The dunes are very important as a barrier between my property and the ocean. The waves did run over a portion of my property during Hurricane Sandy - The zoning issues on Smith's Point are becoming mom complex. It will only be a matter of time before I am seeking relief; myself. I fully understand that we need to help one another to "stay afloat" as long as we can on the eroding beach. Everyone needs to give a little to protect us all. We should have an overall policy for Smith's Point, as to how we will collectively face the fact that it is going away. Unfortunately, I must object to the McGilvmy zoning request until I understand what is going to happen. As on New Hampshire Avenue, prior relocations have opened up the doves to direct ocean access to my property. It is from this breach that the waves flooded a portion of my property during Hurricane Sandy. following the review, we should all work out a strategy for rebuilding and so as to maximize our time on Smith's Point. Regards A 439A Stephen P- MnmblOw 29 Rhode Island Ave. Mailing Address: 1735 York VC. New York, NY 10128 (off �9�1 RECEIVED �\:!9pOHok6 ` TOWN OF NANTUCKET JAN 16 Pfl 1 OS BOARD OF APPEALS TrUCKET TOWN CLERK NANTUCKET, MASSACHUSETTS 02554 Date: January 16, 2014 To : Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 081-13 Owner/Applicant: ERIKA M. ROSATO, KERSTIN M. HAND, & HEATHER M. AYDLETTE, AS TRUSTEES OF THE McGILVRAY FAMILY TRUST 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 . /7/ -\, Eleanor W. Antonietti, Zoning Administrator 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 508-325-7587 . NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket,Massachusetts 02554 Assessor's Map 60.3.1 Parcel 152 Lots 7, 8, 9, Block 26 30 Rhode Island Avenue Land Court Plan 2408-V Village Residential (V-R) Certificate of Title 21569 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Thursday, November 14, 2013, in the Community Room, Nantucket Police Station, 4 Fairgrounds Road, Nantucket, Massachusetts, on the Application of ERIKA M. ROSATO, KERSTIN M. HAND, & HEATHER M. AYDLETTE, AS TRUSTEES OF THE McGILVRAY FAMILY TRUST, of 33 Pomfret Road, Tewksbury, MA 01876, and do Michael J. Wilson, Esquire, 1 Hooper Farm Road,Nantucket, MA 02554. Board of Appeals File No. 081-13,the Board made the following Decision: 1. Applicants are seeking a VARIANCE pursuant to Nantucket Zoning By-law Section 139-32 from the provisions of Nantucket Zoning By-law Section 139-16 (Intensity Regulations— front and side yard setbacks). Applicants propose to relocate an existing single-family dwelling from a conforming location on the southerly side of the lot to a new location farther from the eroding coastal beach area to as close as about three (3) feet from the easterly side yard lot line and as close as about eight (8) feet from the front yard lot line along Rhode Island Avenue, in a district that requires a minimum side and rear yard setback of ten (10) feet and a front yard setback of twenty (20) feet. The Locus, a lot of record, is nonconforming as to lot size, with the lot containing about 6,000 square feet of lot area in a zoning district that requires a minimum lot size of 20,000 square feet and as to frontage, with the lot containing about 75 feet of frontage along Rhode Island Avenue where a minimum of 100 feet is required. In all other respects the lot is conforming to the dimensional requirements of the Zoning By-law. The Locus is situated at 30 Rhode Island Avenue, is shown on Nantucket Assessor's Map 60.3.1, Parcel 152, and as Lots 7, 8 and 9, Block 26 on LC Plan #2408-V. Evidence of Owners' title is recorded at Land Court Certificate of Title No. 21569. The property is zoned Village Residential. 2. The Decision is based upon the Application and materials submitted with it and testimony and evidence presented at the hearing. The Planning Board made no recommendation as the matter did not present any issues of planning concern. There was one letter expressing concern by an abutter on file and no comment made by the public at the Public Hearing. 3. Attorney Michael J. Wilson represented the Applicants. Mr. Wilson stated that the property has been severely affected by the eroding coastal bank immediately proximate to the lot on the southerly side. Such erosion is well documented along Nantucket's shorelines and the Zoning Board of Appeals has issued similar relief on several occasions around the Island, including within the same area of Madaket where the lot is located. Applicants propose to move the single- family dwelling from a site closer to the coastal bank, but sited in conformity with all setback requirements, to a site closer to and within the required setback areas from the easterly side yard and northerly front yard lot lines as described above. The existing travelled portion of Rhode Island Avenue terminates approximately half way along the 75-foot frontage and such relocation would not negatively impact the travelled way or abutting properties across Rhode Island Avenue or the one remaining abutter to the northeast as a result of relocation. Applicants' professional land surveyor from Blackwell & Associates, Inc. Arthur D. Gasbarro, III, stated that the required parking would be provided on site and no relief is necessary from the parking requirements of Zoning By-law Section 139-18. The existing driveway would continue to be used with an additional space created to the west of the access. The well would be relocated farther from the bluff and the septic rendered unusable with a new tight tank provided onsite. The Nantucket Conservation Commission has issued Order of Conditions #SE48-2590 due to the erosion affecting the lot. The Order is subject to certain performance conditions, including the requirement for a 50-foot no disturb buffer from the top of bank, further limiting the buildable envelope. 4. Therefore, based upon the foregoing, the Board finds that a grant of Variance relief from the setback provisions in By-law Section 139-16 to allow the relocation of the single-family dwelling as described above could be made based upon the unique circumstances affecting this lot and not generally affecting the zoning district within which the lot is situated. Should relief be denied, the property owners would suffer substantial financial hardships with the dwelling threatened over time by the continued erosion of the coastal bank and necessitating the removal of the dwelling entirely from the lot. In addition, owing to the unique circumstances related to the shape, with the lot no longer maintaining sufficient upland area to form the original rectangular shape, topography, with the immediate proximity of the coastal bank and lack of sufficient area outside of the 50-foot no disturb buffer required by the Conservation Commission to site the dwelling safely outside of the required front and side yard setback requirements, and to soil conditions, with the sandy soil of the beach and the underlying soil of the lot potentially becoming unstable where the structure is currently sited, the desirable relief could be granted by the Zoning Board of Appeals without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the By-law. Such relief would be consistent with similar relief granted by this Board for other structures affected by erosion. 5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested VARIANCE relief from the setback provisions of Nantucket Zoning By-law Section 139-16 to allow the relocation as proposed above subject to the following condition: a. The relocation of the single-family dwelling shall be done in substantial conformity with the"Site Plan of Land To Accompany a Z.B.A. Application", done by Arthur D. Gasbarro, Professional Land Surveyor. of Blackwell &Associates, Inc.,dated October 29, 2013, a reduced copy of which is attached hereto and marked as"Exhibit A". SIGNATURE PAGE TO FOLLOW (081-13) Dated: January i i, 2014 i( Lisa Botticelli Ed !'.S. o i le Kerim Koseatac ,~layer 4 McC. COMMONWEALTH OF MASSACHUSETTS Nantucket, ss On the 15{4\ day of JA ' ' , 2014, before me, the undersigned notary public, personally appeared d waid S. 1 a e c.&.. , one of the above-named members of the Zoning Board of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that he signed the foregoing instrument voluntarily for the purposes therein expressed. r Notary Public: LY111EL! D. VOLLANS My Commission Expir . Notary Public Con+.rnonwealth of Massachusetts �p My Commission Expires December 28, 2018 EV-081 TA • 44—..'"."1111111r. �a.dd ° N N IZQ 0 ii g W W W o cD N n Uco P 03 ° m,3 *.] pi w-, 4f va Z, d `` a s, CL, a 00000 <-) o 0'''•- C13 8 .*:4 +4 CL(13 .8b2.41 .2 'Tr U . / 9 G 41 Q ° a NQNAmtr H U ZN N Z y Z N w> ON O�Qwo 0 W y MD i_\Z n co 220<0 ,c. _ Z_Z_ yV I (0 v r"n 3 m ` 0 4° ' (�� .\ Q it 2 OOrm2N al �W Li. 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