HomeMy WebLinkAbout008-14 347 Madaket Roada >eiiuc f? `.
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TOWN OF NANTUCKET
BOARD OF APPEALS RECEIVED
NANTUCKET, MA 02554 2013 DEC 31 FIB 12 29
NANTUCKET TOWN CLERK
APPLICATION
Fee: $300.00 File NoO3
Owner's naune(s): Laurinda LeCain and Lacey Brandt
Mailingaddress:22 stonebridge Road
Phone Nutnbec508- 561 -6959 E-Mad: laurindalecain@gmail.con
Applicant'sname(s):Laurinda LeCain
Mailing Address: 22 Stonebridge Road
Phone Number:508 -561 -6959 E -Mall: laurindalecain®gm il. con
Locus Address: 347 Madaket Road Assessor's Map /Parce1:60 /137
Land Court Plan /Plan Book & Page /Plan File No.: 3092 =x
Deed Reference /Certificate of Title: 23296 Zoning DistrictvR
Uses on Lot- Commercial: None =Yes (describe)
Residential: Number of dwellings 1 Duplex Apartments
Date ofStmcture(s): all pre -date 7/72 1940 or
Building Permit Numbers: unknown
Previous Zoning Board Application Numbers: unknown
2 Fairgrounds Road Nantucket Massachusem 02554
50 8-228 -7215 telephone 508- 228 -7298 facsimile
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•if an Agent's representing the Chvner or the APPGcvst, plesse provide a signed proof of agency.
OFFICE USE ONLY
Application received on:_/ / By. Complttc. Need Copies: w
Fled with Town CIttkJJ— Planning Board:JJ_ Budding Dept:JJ_ By:_
Fix: deposited with Town Treasurer.JJ_ By:_ Waiver requested-
Granted: CC
/ / Hearing notice posted with Town Ck&. Mailed:
/ Headng(s) held ory / / Opened on :_/ /
Continued to: % / Withdrawn: /_/ Decision Due By._/ /
Made:_/ / Filed w/Town Clerk / / Mailed_/ /
LAURINDA LECAIN, FILE o8 -i4
Applicant seeks Variance relief pursuant to Zoning Bylaw 139 -32 for a
waiver of all setback requirements to the extent necessary pursuant to
..
Zoning Bylaw 139 -16 in order to relocate the existing structure away from
the eroding coastal bank. Erosion from storms in 2012 and 2013 has
endangered our home. We have lost more than forty feet from the house to
the edge of the coastal bank. Our intent is to relocate the house laterally
(towards Ames Avenue) about 35 feet from its current location. Structure
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may be relocated across property lines and within land owned by the
Applicant and under the Applicant's control through a license agreement
with the Town of Nantucket. The Locus is situated at 347 Madaket Road, is
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shown on Assessor's Map 6o as Parcel 137, and evidence of owner's title is
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recorded at Certificate of Title 23296 on file at the Nantucket County
Registry of Deeds. The site is zoned Village Residential MR).
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penalties of moty.
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•if an Agent's representing the Chvner or the APPGcvst, plesse provide a signed proof of agency.
OFFICE USE ONLY
Application received on:_/ / By. Complttc. Need Copies: w
Fled with Town CIttkJJ— Planning Board:JJ_ Budding Dept:JJ_ By:_
Fix: deposited with Town Treasurer.JJ_ By:_ Waiver requested-
Granted: CC
/ / Hearing notice posted with Town Ck&. Mailed:
/ Headng(s) held ory / / Opened on :_/ /
Continued to: % / Withdrawn: /_/ Decision Due By._/ /
Made:_/ / Filed w/Town Clerk / / Mailed_/ /
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TOWN OF NANTUCKET RECEIVED
BOARD OF APPEA W " PSI 3 46
NANTUCKET, MASSACHUS1 1 1 "61994N CLERK
Date: February 21, 2014
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No
08 -14
Owner /Applicant: LAURINDA PFAFF - LECAIN 6 LACEY BRANDT
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.
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.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
2 FAIRGROUNDS ROAD
NANTUCKET, MA 02554
Assessor's Map 60 Parcel 137 Lot D -1
347 Madaket Road Land Court Plan 3092 -X
Village Residential (V -R) Certificate of Title 23296
At a Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS held at 1:00
p.m., Thursday, January 9, 2014, 4 Fairgrounds Road, Nantucket, Massachusetts, the Board
made the following decision on the application of LAURINDA PFAFF -LECAIN & LACEY
BRANDT, of 22 Stonebridge Road, Wayland, Massachusetts 01778, File No. 08 -14:
1. Applicants are seeking Variance relief pursuant to Nantucket Zoning Bylaw Section 139-
32 from the intensity regulations in Section 139 -16, in order to eliminate the front and side yard
setback requirements to the extent necessary. Applicants propose to relocate an existing single -
family dwelling and shed away from the eroding coastal bank through a reconfiguration of the
existing lot with additional land licensed by the Town of Nantucket for use by the Applicants.
The combined land will be used as a single lot for zoning purposes and the Licensed Areas will
establish adjusted boundaries within the layout of Dayton Street and Denver Street. The existing
structures will be relocated on a portion of the Licensed Areas so as to maximize the distance
between the structures and the eroding coastal bluff. The existing Locus is non - conforming as to
front yard setback with the shed sited as close as 12.32 feet from the front yard lot line in a
zoning district where a twenty (20) foot setback is required, and as to side yard setback, with the
shed sited as close as 9.37 feet from the side yard lot line where a ten (10) foot setback is
required. In all other respects the existing lot is conforming to the dimensional requirements of
the Zoning By -law. The Locus is situated at 347 Madaket Road, Assessor's Map 60 Parcel 137,
is shown on Land Court Plan 3092 -X as Lot D -1, and evidence of owner's title is registered as
Certificate of Title No. 23296 in the Nantucket County Registry District of the Land Court. The
site is zoned Village Residential (VR).
2. The Decision is based upon the Application and the material submitted with it and the
testimony and evidence presented at the Hearing. The Planning Board made no
recommendation, as the matter was not of planning concern. There were no letters on file in
favor of or in opposition to the Application. No opposition was expressed at the Hearing.
3. The existing Locus, Lot D -1 shown on Land Court Plan 3092 -X, consists of a 2,225
square foot dwelling and a 147 square foot shed, and has a lot area of 26,018+ square feet. Due
to the eroding coastal bank, the Applicants propose to relocate the existing structures currently
on Lot D -1. The Locus will be reconfigured to form a single lot consisting of a lot area of
39,220+ square feet. The reconfiguration will occur by combining Lot D -1 with three (3)
additional Licensed Areas; "Remainder Lot D -3" with a lot area of 5,052± square feet and
fronting on Ames Avenue; Parcel 2 with a lot area of 4,657± square feet; and Parcel 3 with a lot
area of 3,585± square feet. Parcels 2 and 3 are located within the layouts of Denver Street and
Dayton Street. The proposed relocation of the structures and reconfigured Locus are shown on
plan entitled "Plot Plan to Accompany a Z.B.A. Application for 347 Madaket Road in Nantucket,
Massachusetts ", prepared by Stephen J. Sullivan, Professional Land Surveyor of Earle &
Sullivan, Inc., dated December 17, 2013, a reduced copy of which is attached hereto and marked
as "Exhibit A ".
4. Therefore, based upon the foregoing, the Board determined 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 and shed 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.
The Board specifically finds that due to the topography of the lot, the proximity of said eroding
coastal bank endangering this Property, 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, that a literal enforcement of the provisions of Section 139 -16A of the Nantucket
Zoning Bylaw would involve substantial hardship, financial and otherwise, to the Applicants and
that relief would be in harmony with the general purpose of the Zoning Bylaw and may be
granted without substantially derogating from the intent of the Bylaw and, as such, there are
sufficient grounds upon which to base a grant of variance. In addition, the Board recognizes that
the collaboration between the Applicants and the Town of Nantucket has led to a creative
solution to the otherwise intractable problem of severe coastal erosion. The addition of the
Licensed Areas and the elimination of setback requirements to the extent necessary will enable
the Applicants to relocate the structures and to maximize the distance between the endangered
structures and the eroding coastal bluff. The relief granted and described in this paragraph will
allow the location of the structures to be over the existing lot line and to straddle the lot and the
Licensed Areas. For the purposes of zoning and the relief granted in this decision, the Licensed
Area shall be considered part of the lot.
5. Accordingly, by a UNANIMOUS VOTE, the Board grants the VARIANCE under
Nantucket Zoning Bylaw Section 139 -32 from the intensity regulations in Nantucket Zoning
Bylaw Section 139 -16 to allow the Applicants to relocate the existing structure on the Locus
away from the eroding coastal bank and into portions of the three (3) additional Licensed Areas
(as described in Paragraph 3 above) within the layouts of Denver Street and Dayton Street upon
the following condition:
(a) The relocation shall be done in substantial compliance with the plan entitled "Plot
Plan to Accompany a Z.B.A. Application for 347 Madaket Road in Nantucket,
Massachusetts ", prepared by Stephen J. Sullivan, Professional Land Surveyor of
Earle & Sullivan, Inc., dated December 17, 2013, a reduced copy of which is
attached hereto and marked as "Exhibit A ".
SIGNATURE PAGE TO FOLLOW
Assessor's Map 60 Parcel 137
347 Madaket Road
Village Residential (V -R)
DATED: February -2j, 2014
Lot D'
Land Court Plan 3092 -X
Certificate of Title 23296
1
NO WARMS
COMMONWEALTH OF MASSACHUSETTS
Nantucket ss
iOn the _ day o{ ri�n� 2014, before me, the undersigned notary public,
personally appeared �j{.OF lYler�,� , one of the above -named
members of the Zoning Board of Naufacket, 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.
YWVMW
Notary Public:
My Commission Expires:
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area of 3,585± square feet. Parcels 2 and 3 are located within the layouts of Denver Street and
Dayton Street. The proposed relocation of the structures and reconfigured Locus are shown on
plan entitled`Plot Plan to Accompany a Z.B.A. Application for 347 Madaket Road in Nantucket,
Massachusetts", prepared by Stephen J. Sullivan, Professional Land Surveyor of Earle & Sullivan,
Inc., dated December 17, 2013, a reduced copy of which is attached hereto and marked as
` Exhibit K.
4. Therefore, based upon the foregoing, the Board determined 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 and shed as described above meets the requisite criteria. The Board specifically finds
that due to the topography of the lot, the proximity of said eroding coastal bank endangering this
Property, lack of sufficient area outside of the 50 -foot no disturb buffer required by the
Conservation Commission to site the dwelling 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, that a literal
enforcement of the provisions of Section 139 -16A of the Nantucket Zoning Bylaw would
involve substantial hardship, financial and otherwise, to the Applicants and that relief would be
in harmony with the general purpose of the Zoning Bylaw and may be granted without
substantially derogating from the intent of the Bylaw. In view of the unique circumstances
affecting this lot and not generally affecting the zoning district within which the lot is situated,
there are sufficient grounds upon which to base a grant of variance. In addition, the Board
recognizes that the collaboration between the Applicants and the Town of Nantucket has led to a
creative solution to the otherwise intractable problem of severe coastal erosion. The addition of
the Licensed Areas and the elimination of setback requirements to the extent necessary will
enable the Applicants to relocate the structures and to maximize the distance between the
endangered structures and the eroding coastal bluff. Given the unique circumstances affecting
this lot and not generally affecting the zoning district within which the lot is situated, the relief
granted and described in this paragraph will allow the location of the structures to be over the
existing lot line and to straddle the lot and the Licensed Areas. For the purposes of zoning and
the relief granted in this decision, the Licensed Area shall be considered part of the lot.
5. Accordingly, by a UNANIMOUS vote, the Zoning Board of Appeals made the finding
that the requested VARIANCE relief, pursuant to Nantucket Zoning Bylaw Section 139 -32 from
the intensity regulations in Nantucket Zoning Bylaw Section 139 -16, could be granted, based
upon the unique circumstances affecting this lot and not generally affecting the zoning district
within which the lot is situated, to allow the Applicants to relocate the existing structure on the
Locus away from the eroding coastal bank and into portions of the three (3) additional Licensed
Areas (as described in Paragraph 3 above) within the layouts of Denver Street and Dayton Street
upon the following condition:
(a) The relocation shall be done in substantial compliance with the plan entitled "Plot
Plan to Accompany a Z.B.A. Application for 347 Madaket Road in Nantucket,
Massachusetts ", prepared by Stephen J. Sullivan, Professional Land Surveyor of
Earle & Sullivan, Inc., dated December 17, 2013, a reduced copy of which is attached
hereto and marked as "Exhibit A ".
SIGNATURE PAGE TO FOLLOW