HomeMy WebLinkAbout019-14 7 South Valley RoadTOWN OF NANTUCKET RECEIVED
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554 ',,IT TIWI CLERK
Date: May 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: 019 -14
Current Owner /Applicant: OAK HILL INVESTMENTS, 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.
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.
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
7 South Valley Road Certificate of Title No. 24792
Assessor's Map 43, Parcel 142 Lot 22, Land Court Plan 11461 -H
Limited Use General -1 (LUG -1)
1. At a public hearing of the Nantucket Zoning Board of Appeals held on
Thursday, April 10, 2014, at 12:00 P.M., at 4 Fairgrounds Road, Nantucket,
Massachusetts, the Board made the following Decision on the Application of Oak Hill
Investments, LLC, c/o Vaughan, Dale, Hunter and Beaudette, P.C., PO Box 659,
Nantucket, MA 02554, File No. 019 -14.
2. Applicant is requesting modification of a previously granted Special
Permit found in ZBA File No. 020 -13 and registered as Document 143427 with the
Nantucket County Registry District of the Land Court.
NOTE: Said relief was granted pursuant to Nantucket Zoning Bylaw Section 139 -
33.A(9) which is now known as Section 139.33.A(4) pursuant to unanimous
passage of Article 64 at the 2014 Annual Town Meeting.
Applicant proposes to relocate the approved structures and to redistribute the permitted
1,943 square feet of ground cover on the Property. The property is pre- existing,
nonconforming with respect to front yard setback, having a setback of 21.8' where 35' is
required and with respect to ground cover ratio, having a ratio of 7.15 % (1,943 square
feet) in a district where 7% (1,903 square feet) is the maximum ground cover ratio
allowed. Similar to the work proposed and approved in the above - referenced Special
Permit, the minor changes in the revised proposal will not result in an increase in the total
ground cover and will cure the existing front yard setback intrusion caused by the
existing dwelling and greenhouse. The site is situated at 7 South Valley Road, is shown
on Nantucket Tax Assessor's Map 43 as Parcel 142, and as Lot 22 on Land Court Plan
11461 -H. Evidence of owner's title is registered as Certificate of Title No. 24792 with the
Nantucket County Registry District of the Land Court. The site is zoned Limited Use
General -1.
3. The Decision is based upon the Application and accompanying materials,
representations, and testimony received at the public hearing. The Planning Board made
no recommendation as the matter was not of planning concern. There was no opposition,
written or oral, to the application.
4. Attorney Rick Beaudette represented the Applicant at the hearing.
Attorney Beaudette stated that the Applicant is requesting minor changes to prior Special
Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A(9), now known as
Section 139.33.A(4). Specifically, the Applicant seeks permission to relocate the
previously approved structures and to redistribute the permitted 1,943 square feet of
ground cover on the Property. More specifically, the Applicant plans to demolish the
existing dwelling, attached garage and greenhouse and to construct a 1,669 square foot
dwelling, a 240 square foot garage, a 120 square foot shed (not calculated as part of
ground cover under the By -Law) and a 16' x 44' pool with a 33 square foot outhouse, all
as shown on Site Plan entitled "Zoning Application — Site Plan" dated March 14, 2014,
prepared by Emeritus Development Ltd, attached hereto as "Exhibit A ". Applicant's
attorney stated that the proposal would not result in an increase to the grandfathered
ground cover ratio, and that the subsequent curing of the front yard setback intrusion
would be a benefit to the neighborhood and would not be substantially more detrimental
to the neighborhood than the existing nonconforming structures on the Property.
5. Therefore, based on the information presented by the Applicant's counsel,
the Board found that the proposal, as revised, will not be substantially more detrimental
to the neighborhood than either the pre - existing nonconforming structures, or the
structures approved and shown on Exhibit submitted with the prior Special Permit.
6. Accordingly, by a UNANIMOUS VOTE of the sitting Board, the Board
granted the requested MODIFICATION of previously granted Special Permit, pursuant
to Nantucket Zoning Bylaw Section 139- 33.A(4), and approved minor changes to relief
therein in order to relocate the previously approved structures, to redistribute the
permitted 1,943 square feet of ground cover on the Property, demolish the existing
dwelling, attached garage and greenhouse and to construct a 1,669 square foot dwelling, a
240 square foot garage, a 120 square foot shed and a 16' x 44' pool with a 33 square foot
outhouse. The Modification of Special Permit relief, as specified above, is subject to the
following condition:
(a) The project shall be constructed in substantial compliance with
Plan entitled "ZBA Application Site Plan", prepared by Emeritus, dated
March 14, 2014, a reduced copy of which is attached hereto as "Exhibit A".
SIGNATURE PAGE TO FOLLOW
7 South Valley Road
Assessor's Map 43, Parcel 142
Limited Use General -1 (LUG -1)
Dated: J 2014
Nantucket, ss
Certificate of Title No. 24792
Lot 22, Land Court Plan 11461 -H
4san M thy
COMMONWEALTH OF MASSACHUSETTS
On the q +n day of l 2014, before me, the undersigned notary
public, personally appeared Ed W0.v6 S. 7bokC , 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.
WE Eli
Notary Public: LYNBLL D. VCILLANS
My Commission Es: Notary Public
Commonwealth of Massachusetts
My Commission Expires
December 28, 2018
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RECEIVED
—,1131 -[j J
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
Fee: $300.00 File No."
Owner's name(,): . Oak HIII Investments, LLC
Mailing address: 7 South Valley Road, Nantucket, MA 92554
Phone Number
Applicant's name(s): Oak Hill Investments LLC
Mailing Address: c/o VDHBB, PC, 2 Whaler, Lane P.O. Box 659 Nantucket MA 02554
Phone Number: same F—Meik same
Locus Address: _ 7 South Valley Road Assessor, Map /Patcrh 431142
Land Court Plan /Plan Book & Page/Phm File No.: Lot 22 on Land Court Plan 11461 -H
COT
Deed Reference /Certificate of Title: 24792 Zoning District LUG -1
Uses on Lot- Commercial None X yes (describe)
Residential:Numberofdwellings 1 Duplex
Apartments
Date ofStrucmre(s): all pre -date 7/72 _ or
Building Permit Numbers:
Previous Zoning Board Application Numbers: 020 -13
2 Pa11910uude Road Nantucket Maeae chose tte 02554
508 -228 -7215 tclepheae 508 -228 -7298 fa eelmile
State below or attach a separate addendum of specific special pertsdts or variance relief applying foe
See Addendum, attached hereto as Exhibit "A ".
I certify that the information contained herein is substantially complete and true to the
beat of my knowledge, under the pains and penalties of perjury.
Oak Hill Investments, LLC
SIGNATURE: Owner* 44By
SIGNATURE: / °4 J ppGcant /Attomcy /Agent*
mhard P. Seaudette, Attorney for Owner / Applicant
*If an Attorney or other Agent is representing the Owner or the Applicant, please provide a signed
proof of agency.
OFFICE USE ONLY
Application received on:—/—/— By:_ Complete:_ Need Copies:`_
Filed with Town Clerk-._/-J— planning Soaxd:,,_ /_ Building Dept.:—/—/— By:_
Fee deposited with Town Tressusu:,J_ By:_ Waiver requested:_
Granted:J_/— Hearing notice posted with Town Cluk_ /J_ Mailed:_/_ /_
I&M _/_/_ &_ /_/_ Hearing(s) held on:JJ_ Opened on.—/—/—
Continued to:J_/_ Withdmwn:JJ— Decision Due By:J_/-
Made:_/_/_ Filed w /Town Clerk_/J_ Maded:JJ_
2 Pairgrounds Road Nantucket Massachusetts 02554
505- 228 -721'5 telephone 508- 228.7298 faceim ile
ADDENDUM "A" TO ZONING APPLICATION to the ZONING ADMINISTRATOR
7 South Valley Road
The applicant, Oakhill Investments, LLC (bereinafter the "Applicant "), is the owner of 7
South Valley Road, Nantucket, MA 02554, shown as Lot 22 on Land Court Plan 11461 -H
registered at the Nantucket Registry District of the Land Court and as Parcel 43 on Nantucket
Town Assessor's Map 142 (the "Property "). The Applicant seeks Special Permit relief pursuant
to Sections 139 -33A (9) of the Nantucket Zoning By -Law (the `By- Law "). The Property is located
in the Limited Use General -1 ("LUG -V Zoning District and is currently improved with a two
story wood frame dwelling with an attached garage and a greenhouse.
The original conditions of the Property are shown on a Site Plan prepared by Site Design
Engineering, LLC, dated April 2, 2013 (the "Site Plan"), a copy of which is attached as Exhibit A.
As shown on the Site Plan, the Property consists of a 27,914 square foot lot in a zoning district
with a minimum required lot area of 40,000 square feet; has frontage in the amount of 314.03'
where 100' is required; a front yard setback of 21.8' where 35' is required; a 38.2' side yard setback
where 10' is required, a rear yard setback of 25.5' where 10' is required; and a ground cover ratio
of 7.15 % (1,943 square feet) in a district where 7% (1,903 square feet) is the maximum ground
cover ratio allowed.
As such, the Property is non-conforming with respect to lot size, front yard setback and
ground cover. As evidenced by the Zoning Affidavit attached hereto as Exhibit B, the existing
structures on the Property were constructed prior to 1972. As such, the Property is pre- existing
non-conforming with respect to the current zoning regulations in the LUG -1 Zoning District.
HISTORY OF SPECIAL PERMIT RELIEF and PROPOSED CHANGES
On July 11, 2013, the Applicant was granted a Special Permit pursuant Nantucket Zoning
By Law Sections 139- 33.A.(4)(a) and (b). The Special Permit, registered as Document No. 143427
at the Nantucket Registry District for the Land Court, and corresponding site plan dated June 7,
2013 prepared by Emeritus Development, Ltd, is attached hereto as Exhibit C (the "Special
Permit "). The Special Permit allows the following:
To either move or demolish the existing [414 square foot] greenhouse and [1,529 square
foot] dwelling on the property and, either renovate or construct a 1,743 square foot
dwelling together with a 200 square foot garage, 120 square foot "zoning" shed under the
By -Law and not calculated as part of ground cover ratio, and an 18' x 36' pool thereby
maintaining the current ground cover on the Property of no more than 1,943 in substantial
compliance with the plan entitled "Site Plan to Accompany Board of Appeals Application"
prepared by Emeritus, dated June 7, 2013.
As a result of the approved changes under the Special Permit, the ground cover ratio on the
Property of 1,943 square feet did not increase and the front yard set -back violations created by the
green house and dwelling were eliminated.
The Applicant now proposes minor changes to the relief granted under the July 11, 2013
Special Permit. As shown on the proposed site plan attached hereto as Exhibit D entitled "ZBA
Application Site Plan, ExhibitA ", dared March 14, 2014, prepared by Emeritus Development, Ltd
for Oak Hill Investments, the Applicant seeks permission to relocate the approved structures under
the Special Permit and to redistribute the permitted 1,943 square feet of ground cover on the
Property.
More specifically, the Applicant plans to demolish the existing dwelling, attached garage
and greenhouse and to construct a 1,669 square foot dwelling, a 240 square foot garage, a 120
square foot shed (not calculated as part of ground cover under the By -Law), and a 16' x 44' pool
with a 33 square foot outhouse. The location of the proposed structures is shown on the site plan
attached hereto w Exhibit D. Similar to the plans permitted in the July 11, 2013 Special Permit,
the proposed plans do not increase the current ground cover of 1,943 square feet and cure the
existing front yard set -back violations on the Property.
Section 139- 33(A)(3)(A) of the By -Law states the following:
A. Except as hereinafter provided, this chapter shall not apply to structures or uses
lawfully in existence or lawfully begun or to a building or special permit issued before
the first publication of notice of the public hearing on the chapter required by the State
Zoning Act, MGL c. 40A, Section S, but shall apply:
(3) To any alteration of a structure begun after the first notice of said public hearing on
to provide for a use for a substantially different purpose or for the same purpose in a
substantially different manner or to a substantially greater extent.
(a) Except where the Zoning Administrator or the permit granting authority
determines that the alteration, reconstruction, extension or structural
change does not increase its nonconforming nature.
Under Section 139 -33A (9) of the By -Law:
(9) if the pre - existing non - conforming structures upon any lot exceed the permitted ground
cover ratio, the special permit granting authority may grant a special permit to authorize the
removal and reconstruction of any or all ofthe pre- existing structures, or any portions thereof, with
ground cover in excess of permitted ground cover ratio, provided that:
(a) Such special permit shall have been issued prior to the removal of the preexisting
nonconforming structures, or any portion thereof,,
(b) Complete or partial removal and reconstruction of a structure shall not result in an
increase in the ground cover of that structure or of any other structure, and two or more structures
that are reconstructed shall remain separate from each other;
(c) All reconstructed structures, or portions thereof, shall conform to all applicable
front, rear and side yard setback requirements; unless relief therefrom is granted under separate
provisions of this chapter;
(d) The special permit granting authority shall have made the finding that the result of
the proposed removal and reconstruction shall not be substantially more detrimental to the
neighborhood that the existing structures and/or use.
As noted, the Special Permit granted on July 11, 2013 allowed the demolition of the
existing 1,529 square foot dwelling, garage and 414 square foot green house on the Property and
the construction of a new 1,743 square foot dwelling, 200 square foot garage, 120 square foot shed
and an 18' x 36' shed. The Applicant now proposes to replace the existing dwelling, garage and
greenhouse with a 1,669 square foot dwelling, a 240 square foot garage, a 120 square foot shed
and a 16' x 44' pool with a 33 square foot outhouse. The existing ground cover on the Property
of 1,943 square feet will not increase and the existing front yard setback violations on the property
will be cured. The proposed structures do not increase the non - conforming nature of the of the
existing structures on the Property, but rather will make the property more conforming with respect
to the LUG -1 Zoning regulations. Further, the proposed plans are not substantially more
detrimental to the neighborhood than the existing conditions on the Property.
CONCLUSION
Granting the proposed Special Permit under the above referenced Sections of the By Law
for the proposed work will not be substantially more detrimental to the neighborhood than the pre-
existing non - conforming structures on the Property. The proposed plans are suitable for the
Property and will be in harmony with other houses in this area of the Island. Also, by granting the
requested Special Permit, the Board would be acting in a manner consistent with the spirit and
intent of the Zoning By -Law.
In the alternative, the Applicant requests a Variance for the above - proposed work on the
Property pursuant to Section 139 -32. Due to the shape and topography of the lot and the structures
thereon, the literal enforcement of the current LUG -1 zoning regulations would create a substantial
hardship for the applicant. Further, granting this relief does not involve substantial detriment to
the public good or a derogation of the intent of the By -law.
The Applicant respectfully requests that the Board grant the requested relief.
Re: Request for Determination by Zoning Administrator
7 South Valley Road
Map 4, Parcel 142
Nmilucket, Massachusetts 02554
Dear Eleanor:
On behalf of my client, Oak Hill Investments, LLC, enclosed is an application with
supporting documentation for your review with respect to 7 South Valley Road (the "Property").
More specifically, the existing Special Permit allows the demolition of a 1,529 square
foot dwelling and attached garage, and the 414 square foot greenhouse on the Property and the
construction of a new 1,743 square foot dwelling, 200 square foot garage, 120 square foot shed,
and an 18' x 36' pool. The total ground cover under the Special Permit was not to exceed the
pre - existing non - conforming ground cover on the Property of 1,943 square feet. The Applicant
received building permits for the proposed demolition and construction of the new dwelling under
the Special Permit; however, the Zoning Enforcement Officer was unwilling to issue building
permits for the proposed accessory structures under the Special Permit due to minor changes in
location and distribution of ground cover, and the addition of a small pool outhouse.
In addition to the new 1,669 square foot dwelling for which the Applicant received
building permits, the Applicant plans to construct a 240 square foot garage, a 120 square foot
shed and a 16' x 44' pool with a 33 square foot outhouse. These plans ate in substantial
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March 17, 2014
Eleanor Antonietti
Nantucket Zoning Board
of Appeals
Fairgrounds Road
Nantucket, MA 02554
Re: Request for Determination by Zoning Administrator
7 South Valley Road
Map 4, Parcel 142
Nmilucket, Massachusetts 02554
Dear Eleanor:
On behalf of my client, Oak Hill Investments, LLC, enclosed is an application with
supporting documentation for your review with respect to 7 South Valley Road (the "Property").
More specifically, the existing Special Permit allows the demolition of a 1,529 square
foot dwelling and attached garage, and the 414 square foot greenhouse on the Property and the
construction of a new 1,743 square foot dwelling, 200 square foot garage, 120 square foot shed,
and an 18' x 36' pool. The total ground cover under the Special Permit was not to exceed the
pre - existing non - conforming ground cover on the Property of 1,943 square feet. The Applicant
received building permits for the proposed demolition and construction of the new dwelling under
the Special Permit; however, the Zoning Enforcement Officer was unwilling to issue building
permits for the proposed accessory structures under the Special Permit due to minor changes in
location and distribution of ground cover, and the addition of a small pool outhouse.
In addition to the new 1,669 square foot dwelling for which the Applicant received
building permits, the Applicant plans to construct a 240 square foot garage, a 120 square foot
shed and a 16' x 44' pool with a 33 square foot outhouse. These plans ate in substantial
Eleanor Antonietti
Much 17, 2014
Page 2 of 2
compliance with the plans approved under the July 11, 2013 Special Permit and do not exceed the
permitted ground cover of 1,943 square feet. Further, no new nonconformities will be created as
a result of the proposed changes and (as was the case in the prior application) Applicant's
proposed plans will cure the existing side yard setback violations on the Roperty.
Please also note that I reserve the right to supplement this application with further
materials at a later time. I have also enclosed the filing fee required by the Town of Nantucket in
the amount of $300.00. Please mark this matter for hearing by the Nantucket Zoning Board of
Appeals at its April 2014 Public Hearing. Thank you for your help in this matter. Please feel free
to call me should you have questions.
Sincerely,
Richard Beaudette
RPB /lld
Enclosures
cc: Oak Hill Investments, LLC
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EXHIBIT e
Nantudcet,ss. COMMONWEALTH OF MASSACHUSETTS
Affidavit
NOW COMES your Afflant, FRANCIS W, PEASE, of 166 Hummock Pond Road, Nantucket,
Massachusetts, who first being duly sworn, deposes and says:
1. I am familiar with the property at 7 South Valley Road formerly owned by Harry Guest.
2. Harry Guest and 1 were partners In the painting contractors, business on Nantucket for
approximately 1 S years.
3. 1 know of my own personal knowledge that Harry Guest built the main house and out
building shown on the attached plan prior to 1972.
Signed and sealed this Ada y of February 2013,
County of Nantucket,
in
O11 s dS day fFebruary 2013,- cftore me, the undersigned notary public, Personally
appeared Franc W. Pease, (a) _ personally known to me, or (b)
satlsfaMory a Bence of Identification, which was _ Proved to me through
to be the Person whose name Is signed on the preceding or attached document f
Iged to me that he /she signed It voluntarily for Its stated purpose.
Francis W, Pease
OF MASSACHUSETTS
and
- - - --• - •o,.a.w,r ano seal of Notary Public-
My commission expires; RICHA DJ.q p
(q�, NolgryDUUNo
..1 �, ggaeoMVr�ug or unsesPNUBaug
My CaExµOt
MaY9,Y901/N1g
EXHIBIT C
143427 IIII39117I00iD4 Otl��...
Cen: 24792 Doc: SP
Regletere4: 01/10/2014 02:12 PM
RECEIVED
TOWN OF NANTUCKET, l�i3 JUL 12 PSI 1 01
BOARD OF APPEAL SWirU,.;ET TOWN OLER);
NANTUCKET, MASSACHUSETTS 02554
Date: July 11, 2013
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 020 -13
Owner /Applicant: Oak Hill Investments, 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.
Edward Toole, Chairman
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- 228-7215.
143427
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
7 South Valley Road, Nantucket
Assessor's Map 4, Parcel 142
Land Court Plan 11461 -H, Lot 22
DECISION:
Certificate of Title No. 24,792
L.C. Document No. 141077
Limited Use General -1
1. At a public hearing of the Nantucket Zoning Board of Appeals held
on Thursday, May 9, 2013, at 1:00 P.M., at 2 Fairgrounds Road, Nantucket,
Massachusetts and continued to Thursday, June 13, 2013, the Board made the
following Decision on the Application in Zoning Board of Appeals File No. 020-
13 of Oak Hill Investments, LLC, c/o Vaughan, Dale, Hunter and Beaudette,
P.C., PO Box 659, Nantucket, MA 02554.
2. Applicant is requesting Special Permit relief pursuant to Nantucket
Zoning Bylaw Sections 139.53.A.(4)(a) and (b) and 5 (alteration of pre - existing,
nonconforming structure) to demolish the existing 414 square foot greenhouse
on the property. Further, the applicant proposes to move or to demolish the
1,529 square foot dwelling on the Property and, respectively, either renovate or
construct a 1,943 square foot dwelling together with a new 264 square foot
garage, 120 square foot "zoning' shed allowed under the By -law and not
calculated as part of ground cover ratio, and an 18' x 36' pool. As a result, the
Applicant plans extend the total ground cover on the Property from 1,943 square
feet to 2,207 square feet, creating a total ground cover ratio of 8 %.
The property is pre - existing, nonconforming, and therefore
grandfathered, with respect to front yard setback, having a setback of 21.8' where
35' is required and ground cover ratio having a ratio of 7.15 % (1,943 square feet)
in a district where 7% (1,903 square feet) is the maximum ground cover ratio
allowed.
While the proposed work would create a minor increase in the total
ground cover on the Property, the Applicant's states that the proposal will cure
143427
the existing front yard setback intrusion caused by the existing dwelling and
greenhouse.
In the alternative, the Applicant requests Variance relief pursuant to
Nantucket Zoning Bylaw Section 139 -32 (variances) from the intensity
regulations in Nantucket Zoning Bylaw Section 139 -16 (intensity regulations) to
complete the requested work.
The site is located at 7 South Valley Road, and shown on Nantucket Tax
Assessors Map 4 as Parcel 142. Applicant submitted the original application to
the Board as "contract purchaser' of the property but since purchased the
property; Applicant's deed is registered with the Nantucket Registry District of
the Land Court as Document No. 141077 in Certificate of Title No. 24,792, The
site is zoned Limited Use General -1.
3. We base our Decision upon the Application and accompanying
materials, representations and testimony received at the two public hearings.
The Planning Board did not submit a recommendation in the matter. Abutters to
Locus expressed concerns, either through counsel or in letters submitted to the
Board, about the proposed expansion of ground cover.
4. At the public hearings, the Applicant was represented by counsel.
Attorney for the Applicant stated that the Applicant is requesting Special Permit
relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(4)(a) and (b) to
either renovate or construct a 1,944 square foot dwelling together with a new 264
square foot garage, 120 square foot shed, and an 18' x 36' pool thereby increasing
total ground cover on the Property from 1,943 square feet to 2,207 square feet
and resulting In a ground cover ratio of eight (8 %) percent in a Zoning District
otherwise limited to seven (7 %) percent. Applicant's attorney argued that
although the proposal would result in a slight increase In the grandfathered
ground cover ratio, the subsequent curing of the front yard setback intrusion
would, on balance, be a benefit to the neighborhood and would not be
substantially more detrimental to the neighborhood than the existing
nonconforming structures on the Property.
5. Attorney for an abutter opposed to the proposed expansion of the
pre- existing, nonconforming ground cover ratio argued that Section 139 -
33.A.(9)(a) and (b) prohibited the demolition and reconstruction or renovation of
preexisting nonconforming structures if that resulted in an increase of the
grandfnthered ground cover ratio and /or, a new single structure having total
ground cover representative of the combined ground cover of separate discreet
structures previously sited on the property.
143427
6. As a result of the discussions taken by the Board, the Applicant and
the abutters, Applicant revised its Application and eliminated the request for an
increase in ground cover ratio. Therefore, Applicant now proposes to either
move or demolish the existing greenhouse and dwelling on the Property and,
either renovate or construct, respectively, a 1743 square foot dwelling together
with a 200 square foot garage, 120 square foot "zoning" shed allowed under the
By -law and not calculated as part of ground cover ratio, and an 18' x 36' pool
thereby maintaining total ground cover on the Property of no more than 1,943
square feet, in other words no more than the current grandfathered ground cover
ratio.
7. Therefore, based on the information presented by the Applicant's
counsel and as reflected on Exhibit "A ", attached hereto, the Board found that
the proposal, as revised, will not be substantially more detrimental than the
existing nonconforming structures to the neighborhood.
6. Accordingly, by a motion made and duly seconded to GRANT the
requested relief by SPECIAL PERMIT pursuant to Nantucket Zoning Bylaw
Section 13933.A.(4)(a) and (b) to either move or demolish the existing
greenhouse and dwelling on the Property and, either renovate or construct,
respectively, a 1743 square foot dwelling together with a 200 square foot garage,
170 square foot "zoning' shed allowed under the Byelaw and not calculated as
part of ground cover ratio, and an 18' x 36' pool thereby maintaining total
ground cover on the Property of no more than 1,943 square feet in substantial
compliance with the plan entitled "Site Plan to Accompany Board of Appeals
Application' prepared by Emeritus, dated June 7, 2013, attached hereto as
"Exhibit A," there were five (5) votes in favor and none (0) opposed.
SIGNATURE PAGE TO FOLLOW
Dated: 2013
143427
COMMONWEALTH OF MASSACHUSEM
Nantucket, ss. July 1 i • 2013
On this LI clay oj Jul 013, before me, the undersigned Notary Public,
personally appeared & who is
personally known to me, and who is the person whose name Is signed on the
preceding or attached document, and who acknowledged to me that he /she
signed it voluntarily for its stated purpose.
um ,,u.l,wx i.qa rl,;.v a rul. OHIO aI uu
(1]iR& ANI) THAT NO APPEAL HAS tILED PURSUANTTOGENERALLAWStaA .SECION11
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JAN 10 2014
Notary Public:
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