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HomeMy WebLinkAbout023-14 34 Monomoy Roadr.' r � ; 'pGIiA3E0:�' Fee: $300.00 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION RECEIVED 29n PR8 31 Fn ? 25 .,. !;' UtKcT TOSVN CLERK. File No. 24 - /f Owner's name(s):34 Monomoy Road LLC Mailing address: c/o Reade, Gullicksen, Hanley, Gifford & Cohen, LLP PO Box 2669, Nantucket, MA 02584 Phone Number (508)228 -3128 E -Mail: mh@readelaw.com Applicant's name(s): same as Owner Mailing Address: same as Owner Phone Numbensame as Owner E -Mail: same as Owner Locus Address: 34 Monotony Road Assessor's Map /Parcel:54 -243 Land Court Plan: Lot 3, Land Court Plan 14974 -C Certificate of Title: 25112 Zoning District: Limited Use General LUG -1 Uses on Lot- Commercial: None x Yes (describe) Residential: Number of dwellings: one Dgplex _n /a_ Apartments _n /a Date of Structure(s): all pre -date 7/72 -yes_ or Building Permit Numbers: 10204 -93 Previous Zoning Board Application 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508 -228 -7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: Applicant requests a Special Permit pursuant to the provisions of 5139 -33.A. (9) of the zoning by -law, in order to remove a pre - existing nonconforming residential dwelling and garage from a pre- existing nonconforming lot, and construct a replacement dwelling and garage substantially in the same location as the existing structures. As a result of such reconstruction, existing side yard setback intrusions will be eliminated, and overall ground cover will be reduced. Dimensional requirements for the district are lot area area of 40,000 sq. ft.; ground coverage 7 %, front yard setback 35 feet and sideyard setback 10 feet; existing lot area is 12,321 sq. ft., ground coverage is 23 %, front yard setback at its closest point is 19.9 feet, and side yard setback at its closest point is 8 feet. I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: ( Y�J L.W Owner* SIGNATURE: �� G A PYtcantorney /Agent*.. Q ! *If an Agent is representing the Owner or the Applicant, please ovide a signed proof of agency. OFFICE USE ONLY Application received on:_ /_ /_ By:_ Complete:_ Need Copies:_ Filed with Town Clerk:–LL Planning Board: _/_ /_ Building Dept:JJ_ 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:_/_/_ Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508 -228 -7298 facsimile Gltu k uunry ur INanlUCKer March 7 2014 ti /\ N� ! � i A\ IX .7 n Property Information P,opertylD 5!213 Loeation mw Owner GLOWACKI WALTER M N MONOMOY ROAO LLC \ -.;. v 2 1 s . :r - Property Information P,opertylD 5!213 Loeation %MONOMOY RD Owner GLOWACKI WALTER M N MONOMOY ROAO LLC Stme MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT The Town makes no claims and no warranties, ePressed or implied, oonoeming the validity or acoee, of the GIS data presorted on thls map. Pamals updW.d December, 2012 CURRENT ZONING CI SSIFEATION' LlmipE Us. General 1 (CUR -I) DEFEND MINIMUM LOT SIZE: 40.000 S.F. SOOTING 12.321 :ES OENOIES LCNLRER BOUND EOCS • RTX ON, C.G EODUO MINIMUM FRONT.Ma E: Loo 7 SEE PUN FROM YARD SETBACK: 35 FZ SEE PLAN RW /SIDE SET04CR: 10 R. SEE PLAN GROUND LOVER S ZF 2105 3 \ \ ROBERT E. LANDREMH CERT 0 L.C.C. 14974—F, LOT 8 L.C.C. 14974 —D. LOT 5 $ 9L y � 1 EXIST. BELGIAN BLOCK APRON 54 -210 PgRk /pK `'S. MATTHEW S WESTFALL yN /ryR LAURA J. LL CERT. 4921 #241 r 1 / L.C.C. 149 7 974 -F LOT 9 2nd. STY. 1 U oh�i h =W ry�i4� T"3\N 54 -242 N/F NUUAM R. FULLER REVOCABLE TRUST — 2010 CERT. 423590 L.C.C. 14974 —C LOT 4 ORM. SIGNED AND STN . MISS OE .11 1. . BE UEFFOGRED W 111E BOARD OF MPELLS OR ME W VET REGISTRY OF DEEDS FOR RECORDING PURPOSES IN C SS OF OISDUEN IFS REGWOWG ININFEWON COWNNED HEREON AND UUNUMMIZED NOTOGC@IFS OF ME PLAN, ONLY ONIOIN ET S FFiO AND ENDORSED CORES SI BE ACNNOWLEWED BY ME GUWFI NG VNG GUMXCH. T11s INSPECTON PUN . PRENREO TO ACCOMPANY AN ARPUUMGN TO ME I. BOWD OF N. ONO IS NOT TO BE CONSIDERED A ME IuSWUMENI SURVEY. WE "N' '11E) NOT FF us[O ro ESTARIGH PROPFRM1 LIES, FENCES, 'ME, OR ONY M'CNMY STRUCTRES ON ME PREMISE$ ME PROPEMY UNE5 SI RELY ON C RREM DEEDS .0 FUNS OF REMO. THE INSFELTOU " 5 NOT A CIETTCATON AS TO ME ME OR OWN EHF OF ME PRWEVE S1 RW ONICE OF FWOANG PROPERTIES i SHOWN ACGORNIO TO CURRENT TOWN OF NWNCEU ASSESSOR RECORDS. WE PIA4 SIRE NOT BE USED FOR AN( OMEN MERGE OTTER TAN 15 INIENOm UY STAR9 ABM. © &acx.eu k h—w. I- I VTrr m.00.N ENCB FIND. zqa: S ,NCB , T EXIST. ND. OF PA' / O"1 O� �ySHOFM" Z O� LA A BN CY 4 N a aae 0 Existing Conditions Site Plan to Accompany Zoning Board of Appeals Application in Nantwket, Mass. SCALE, Y =. 20' DALE: MARCH ], 2014 O.Nx _34.Y0NO,L0Y ROAD, LLC,,, CM. or MVE 42$112 . Pl_. Lc C; 78971 -.q DoE; Ta. M.P -P-1; ... 5.4 -243, , _ , .... . Locos:.... 3.4 MONOMOY. ROAD. , , . , , , , BLACKWELL k ASSOCIATES, Inc. PrO(R55{OML Land Surve, s 20 TEASDALR CIRCLE WAWTUCRET, MASS. 02554 (506) 228 -9026 B7790 CURRENT ZONING CUSSIFIGTION: LEGEND Umitetl Use C.—I 1 (LUG -1) E %STING Rp OP jES. DENOTES CONCRETE BOUND MINIMUM LOT SIZE: 40.000 S.F. 12.321 G.F.3 12,321 5 ES OKE, • TH ORILIHOLE POUND MINIMUM FRONTAGE: 100 R. SEE PUN SEE PUN FRONT YMO SETH X 35 FT, SEE PUN SEE PUN RFNt /SIDE SE7WOF. 10 R. SEE PUN SEE PLOP GROUND COVER R : 7% 23.0% t - 20.65 3 54-215 ROBERT E. LANDRETH \ 6. \ �� LC.CCE497HF,OLOT 8 \pPB l�.Z L.C.C. 14974 -0, LOT 5 \ $ \ 708 \ \ cn pRQS \ '03' �3Z�/0/ \ EXIST. BELGIAN 17.0. SA:,.A \ BLOCK APRON 54-210 MATTHEW S. WESTFALL LAURA CER �LOT 9TFALL /Y L.C.C. 14974 -F� dhCB MO. yG o PORCH 4. avF WIWAMNR. E/N C W q Og � NO /y F N/ H g y � B AN^O, F NE�4 LL R REVOCABLE TRUST - 2010 T \ yZlY .� NO ` "aee { CERT. X23540 tlFICB t4� '+S\yP- SSONOp, Nf) L.C.C. 14974 -C FNO. LOT 4 0RIGIN4 SIGNED MO STAMPED COPIES OF THIS FUx W BE PROTaoPS W 1NE MAD OF FPPEVS DR THE NMTIMET MOO TE( OF DEEDS MR RECORDING PURPOSES. IN GS¢ OF DENOUNCES ROOTED INFDBM M, CONTAINED HEREON MID UNWMORIZED PHOTOCOPIES OF M6 PION. ONLY CRIGINAUY M.PED AND EN3645E0 COPIES SHALL BE ACKNOWUMVED BY THE .M. M1 SURIEYOR. TH6 INSPECTION HEM AM RIMMED M MCOAFUN M MPXG TO TEE WMTUCKET BOMB OF WPELLS MO IS NOT TO BE CONSIDERED A NLL w51RUMFM SNRQ 1x15 PIµ SHOO W NO' BE USED Tn MAD RE NxiS. FENCES, NEDC¢ ON MY µCHOPPY STRUONA¢RON ME PREMIERE TBE PROPERTY UN¢ SHOWN RELY ON CURRENT DEERS MO PLUS CF RECORD. TIE INSPECTON PIAx 15 NOT A OERTEWON 4 TO THE T111E OR OW N@EHP OF THE PROPERTY SHPMN. OWNERS OF .W WdNG PROPERTIES ME SHERRI AOCOANNG TO CUTOFF TORN OF NA4NIXET AMM OR RECORDS. TOPS PUB SHAL NOT BE USED TOR ANY OTHER FIRPME OTHER MW M INTENDED I1SE STATED ABME ©SlRR1.NII @ As—Ni Inc. Proposed Conditions Site Plan to Accompany Zoning Board of Appeals Application a, Nantucket, Mass. SCALE: 1'- 20' DAIS: MARCH 7. 2014 0W„ M,; , 34, 90SO,A(OY ROAD, LLC... . Cert. a! TH., S2?I12 . Plon: LL C. 149X-6. LOT 3 Taa MH,-P ... I ...54-24} ... _ ... Locuz:.... 33 1JONOMOY, ROAD , , , , . . BLACKWELL & ASSOCIATES, Inc. PrR}RSSWnD2 Land Swory 20 TEASDALS aRCL6 'NAWTUCILET, PASS 02554 (508) 228 -9026 B7790 Town of Nantucket Zoning Board of Anneals RECEIVED BOARD OF ASSESSORS JAN 10 2014 TOWN OF NANTUCKET, MA LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER ..... .`cl.'.m'?rrl,..(�.!�ea f " TrS,!t;, ✓�''e(�.C�CI_. MAILING ADDRESS.,,.. /o Reade; Gullicksen, Henley) Gifford & Cohen, LLP ....... PROPERTY LOCATION.........' ASSESSOR MAPIPARCEL.........3`....... '., hlj .. ............................... SUBMITTED BY,- Reade, Gullicksen, Hanley, Gifford & Cohen .! LLP .............................. ............................. 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 "L 2J DATE A SESSOROFFIC 'S E TOWN OF NANTUCKET ;. !ou /\ge\Ge l | | §!| §'| ; ; .......... / GRQ /// ;i.. /....... leBg ......,,.,.....,... . ! !),• " �, §f : �. || � § || • ;; §)���� ; §r�. ;.���•) Suzanne Rinfret Moore, Trst Yvonne S. Archer etal, Trustees Michael Jackson Trustee Apt. All 3 East 93rd Street Erin Nominee Trust 3940 Cotes De La Nieges New York, NY 10128 -0609 c/o RR2 177 Sabbaday Lane Montreal, HEH 1W2 Washington Depot, CT 06794 H. Flint Ranney, Tr The Monomoy Rd Realty Trust Box 597 Nantucket, MA 02554 Neil K. Roman 3131 Connecticut Ave. NW Washington, DC 20008 Whitney A. Gifford, Trustee Blowing Clem Nominee Trust P.O. Box 2669 Nantucket, MA 02554 Robert E. Landreth 1600 Country Club Rd Midland, TX 79701 William R. Fuller Tot William R. Fuller Rev Trust 2010 326 Wickford Point Road North Kingston, RI 02852 E. Crosby & Augusta W. Willer 1250 Southwinds Blvd Apt 110 Vero Beach, FL 32963 -3089 JP Morgan Trust Co. Trst etal Otis Booth Family Trust 500 Stanton Christiana Rd Newark, DE 19713 Wendy R. & Mack L. Cheney Trst Cheney Nominee Realty Trust 75 Somerset Rd Brookline, MA 02446 Ralston W. & Mary Ann Russell 65 Spring Dell Rd Lancaster, PA 17601 C. Ethelind Knight- Schwartz, Tr & David A. Schwartz, Tr 104 Tiffany Lane Summerville, SC 29485 William Willer 6 Monomoy Creek Rd Nantucket, MA 02554 Deborah Nicholson Trst c/o Samuel Nicholson P. 0. Box 373 Nantucket, MA 02554 Matthew S. & Laura J. Westfall Dettweiler Strasse 24 Kronberg 61476 Linda A. Mason 137 Marlborough Street Boston, MA 02116 -(G Z N a z - v TOWN OF NANTUCKET BOARD OF APPEALS a 3 m NANTUCKET, MASSACHUSETTS 02554- ° N Date: April 25, 2014 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 023 -14 Owner /Applicant: 34 MONOMOY ROAD LLC 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. NANTUCKET ZONING BOARD OF APPEALS Two Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 54, Parcel 243 Certificate of Title No. 25112 34 Monomoy Road Lot 3 shown on Land Court Plan 14974 -C Limited Use General 1 (LUG -1) DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals (Board) on Thursday, April 10, at 12:00 p.m., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board of Appeals made the following decision on the application of 34 Monomoy Road LLC, c/o Reade, Gullicksen, Hanley, Gifford & Cohen, LLP, PO Box 2669, Nantucket, MA 02584, ZBA File No. 023 -14. 2. The applicant is requesting relief by Special Permit pursuant to Nantucket Zoning By -Law §139 -33.A, in order to remove a pre- existing nonconforming single - family residential dwelling and ancillary garage from a pre- existing nonconforming lot, and construct a replacement dwelling and garage /studio substantially in the same location as the existing structures. As a result of such reconstruction, existing side yard setback intrusions will be eliminated, and overall ground cover will be reduced. Dimensional requirements for the Limited Use General 1 (LUG -1) zoning district are a lot area of 40,000 sq. ft.; 7% ground cover; 35 foot front yard setback and 10 foot side yard setback. The existing lot area is 12,321 sq. ft., ground cover is 23 %, front yard setback at its closest point is 19.9 feet, and side yard setback at its closest point is eight (8) feet. The Locus is situated at 34 Monomoy Road, is shown on Nantucket Assessor's Map 54 as Parcel 243, and as Lot 3 on Land Court Plan 14974 -C. Evidence of owner's title is recorded at Certificate of Title No. 25112 on file at the Nantucket County Registry District of the Land Court. The site is zoned Limited Use General 1 (LUG -1). 3. Our decision is based upon the application and accompanying materials and representations and testimony received at the public hearing, including the presentation by the applicant's counsel. There was no Planning Board recommendation on the basis that no matters of planning concern were presented. There was no opposition, written or oral, to the application. 4. Applicant, as represented by Attorney Marianne Hanley, informs us that the foundation beneath the existing dwelling upon the premises is cracked and bowed in some places, starting to fail, does not meet code requirements, and would not support proposed renovations which the applicant wishes to make to the structure. In order to avoid the construction challenges inherent in raising an existing large house for the purpose of building a new foundation, the dwelling would be moved off the site to another location, on a newly constructed foundation. The existing garage will also be removed, so as to lessen ground cover and eliminate its side yard setback nonconfonnity. Applicant would then reconstruct a house and garage /studio substantially in the same locations as the existing structures, as shown on plan entitled "Proposed Conditions Site Plan to Accompany Zoning Board of Appeals Application in Nantucket, Mass. ", prepared by Blackwell & Associates, Inc., dated March 7, 2014, a reduced copy of which is attached hereto and marked as "Exhibit A ". Based upon said proposed plan, total ground cover of the reconstructed dwelling and garage /studio upon the premises would not exceed 20.6 %, front yard setback at its closest point to Monomoy Road would not be less than 20.2 feet, and side and rear yard setback requirements would be met. The Board recognized that the applicant has made an effort to keep the new construction footprint very similar to the existing footprint which has been in place for many years, and that the similar footprint of the replacement structures would have minimal impact upon the neighborhood. 5. The Board found that the alteration of the existing structures by removal, which are pre - existing nonconforming as to front and side yard setbacks and ground cover, and reconstruction substantially as proposed, does not increase, nor make the existing setback nonconformities more nonconforming, does not create any new non - conformities, is in harmony with the general purpose and intent of the by -law, and would not be substantially more detrimental to the neighborhood than the existing nonconforming structures. 6. Accordingly, by UNANIMOUS vote, this Board grants relief to the applicant by Special Permit under §139 -33.A as required, to alter the existing non - conforming structures by removal, to reconstruct a new dwelling and garage upon the premises, all in substantial accordance with plan entitled "Proposed Conditions Site Plan to Accompany Zoning Board of Appeals Application in Nantucket, Mass. ", prepared by Blackwell & Associates, Inc., dated March 7, 2014, a reduced copy of which is attached hereto and marked as "Exhibit A ". * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SIGNATURE PAGE TO FOLLOW Assessor's Map 54 Parcel 243 34 Monotony Road Limited Use 1 General (LUG -1) Dated: April R 2014 Nantucket, ss. Certificate of Title No. 25112 Lot 3 shown on Land Court Plan 14974 -C &6'k, Af & &&" Susan McCarthy W. Poor COMMONWEALTH OF MASSACHUSETTS April 2014 On ttJJnrts, - — day of April, 2014, before me, the undersigned Notary Public, personally appeared (�1/LGt� i?i A�(,(A,r ,0 , who is personally known to me, who is the person(s) whose name(s) is /are signed on the preceding or attached document and who acknowledged the he /she /they signed it voluntarily for its stated purpose. CURRENT ZONING CVSSIPI A ON: UmMe Use Ceneml 1 (LU(H 1) (,m[M! EMBING PROPOSED' DENOTES fANCPEIE POUND MINIMUM LOT SIZE: 40.000 SHE 12.321 3.F.1 12.321 S.E3 III • SEN DRI ONS EWXD MINIMUM FRONTMd: IW R SEE PLAN SEE PW1 FRONT YARD SETBACK: M F1, SEE PUN SEE PLW RENt /SIDE SETIKK: 10 R. SEE P. SEE PUN GROUND GOVER S D[ 23.OS l M. S p� 54— F15 \ \ L. ROBERT E. IANDRETH L.C.C. 1497h1`. LOT 8 A \PPR L.C.C. 14974 -D, LOT 5 \ >p \ \ \ 9G oA \ �J ? s""+ \ /OBE EXIST BELGIAN 54 -210 0 BLOCK APRON ° MATTHEW S. LL LAURA L s CERT. . ESTF #24311 AL L Y L.C.C. T9]4 - 4974 - F \ LOT9 ]]p, X55 ri Shy ryg. S x INGS c MD. FRIPAVEMENT / AS Q h� y�yJ q 3' y2 _ SIF eX H (� CQ�"Fl PORCH 6. N o./ z0 54- 2 p�. SO ID M LIAM R. FULLER REVOCABIY TRUST - 2010 CERT. #23540 tl L.C.C. 14974-C FND. 14 LOT 4 Proposed Conditions Site Plan to Accompany Zoning Board of Appeals OPIGIWL SIGNED XING FAMPED LORI¢ OF THIS RAN W HE Application PHOTOCOPIED PF THE BOARD OF APPEAR OR THE HAA'INCKEr REGISIRT OF DEEDS FOR RECORDING PURPOSES. IN CASES OF D15CREP.WC1ES REGYPoIXG INFORMtTION CCMGNE) HEREON AND UNVRHORIZED PHOTOAORES OF MS PVx, oxlr DMCINNUO Nantucket, Mass. STABBED ABD ENDORSED COPIES s BE AGKNDMT£DCED BY ME CEMFHNG LWO SUIMYOR. SCAM 1'- zD' DATE: MI ]. 2014 THIS INSPECTION RAN WAS PREPMm TO ACCOMPANY NI APPUGnON Y �� �( To ME WNOSIOU KWD OF APPEALS ANN Is NOT ro a CONSIDERED De ^r .34. 3 4 #IDIVOA(0 A NLL HMBN M SNI THIS RAN SHOUID NOT A Us y5112 LCC. 14B]4 -C. LOT 3 ESTAPI DH PMW Et, FENCES, HEDGES OR ONY ANCRVAY Ce-t of Twc # . BIDS: . . SIPOCNRES ON THE PRENRS, ME PROREMI US. SHOWN RELY NH Tae, mop- POrce,. 54-243 CURRENT OEM AND PANG OF RECORD. ...... . THIS INSffCIgN Pµ 5 NON A CERIIRC�RDN AS TO ME TRIF OR 34 MONOMOY ROAD PMEI , W TM PMRRIY SHiWR. OWNERS OF ADNIINNM Lo[ue:..... ....... . .ar¢� 1AVRwxG ro COMM TaAR OF WJIIIKNO BLACKULL k ASSOCIATES, Im Mls PUN Sx4L NOT BE IA M FUR ANY OTHER PURWSE OTRFR THAN Prof SS NNN0{ LaM{ SuRX orS ITS INTENDEO 41 SATED ., 20 TGSDA CIRCLE ©RIRCNRII a Aveociotee IW. NANTOCLFT. NASS. 02554 (508) 228 -9026 T:N :,r x ,a ee B7790 F",— ro SUD . 3nrzme .