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HomeMy WebLinkAbout008-14 347 Madaket Roada >eiiuc f? `. �rrTi r 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 0.rai •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 Mailed: / Headng(s) held ory / / Opened on :_/ / Continued to: % / Withdrawn: /_/ Decision Due By._/ / Made:_/ / Filed w/Town Clerk / / Mailed_/ / LAURINDA LECAIN, FILE o8 -i4 Applicant seeks Variance relief pursuant to Zoning Bylaw 139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 G 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 r ' shown on Assessor's Map 6o as Parcel 137, and evidence of owner's title is 1 recorded at Certificate of Title 23296 on file at the Nantucket County Registry of Deeds. The site is zoned Village Residential MR). I certify that the informadoo contained irminis i':ubstantully complete and one to the beat of m kn y )vledge, undo he pa naand penalties of moty. 0.rai •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_/ / R Z RZ is F �LL / \ b r HEs r A t• a M1 T / szie��F j // o tl i9 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: X11 � ,,EY,gLBif k•, �o�g • / /may \\ �'jR l i Em p % via \ bP s B ;� `� ZCv ag 0 oN e b y rR' 8 ki �� V' Jam✓ ��� // 5'g� 3 // / p.ID pM✓ (A / � / � 11.03 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