HomeMy WebLinkAbout081-13 30 Rhode Island Ave.0
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TOWN OF NANTUCKET
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BOARD OF APPEALS IF
NANTUCKET, MA 02554 y
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APPLICATION
Fee: $300.00 File No.
Owner's name(s):'rhL M-6.1 i vO eJ P6s.A %1 1l T I UST
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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
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