HomeMy WebLinkAbout055-13 4 Charter Street apN7UC,
,,,sA TOWN OF NANTUCKET m s
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 0255 m
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Date: July 2 , 2014=- r ,
To : Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 055-13
Current Owner/Applicant: ROBERT J. DEUBERRY and LORI A. DEUBERRY
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,
1 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 42.3.2 Parcel 167 Deeds Book 795, Page 293
4 Charter Street Plan 02-39
Residential Old Historic (ROH)
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday,
September 12, 2013, at 1:00 P.M., 4 Fairgrounds Road, Nantucket, Massachusetts, the
Board made the following decision on the application of Robert J. Deuberry and Lori
A. Deuberry, c/o Reade, Gullicksen, Hanley, Gifford and Cohen LLP, Post Office Box
2669,Nantucket, Massachusetts 02554, File No. 055-13:
2. Applicant is requesting Special Permit and/or Variance relief from various
sections of the Zoning Bylaw in order to create a secondary (affordable) residential lot
pursuant to Zoning Bylaw Section 139-8.C. To the extent necessary, Applicant is also
seeking a Modification to previously issued Special Permits to validate the total ground
cover ratio of 46.4% for each lot. In the alternative, the Applicant seeks relief pursuant to
Section 139-33.E to allow a ground cover ratio up to 49.3%. Applicant is proposing to
divide the existing lot pursuant to Zoning Bylaw Section 139-8.C. Due to the undersized
and pre-existing nonconforming status of the lot, the Applicant seeks a waiver to allow
2,409 and 2,001 square feet for the primary and secondary lot, respectively, where 3,000
and 2,000 square feet are required. Applicant seeks a waiver of the interior lot line
setbacks to the extent necessary. Applicant is seeking a waiver, to the extent necessary
pursuant to Section 139-18, to allow for the parking space servicing the eastern lot to be
located across the interior lot lines and secured by an easement. Applicant seeks
validation that the two (2) separate parking spaces, each with their own curb-cut access,
meet the requirement of the Bylaw as they pre-date the 1998 adoption of Zoning Bylaw
Section 139-20.1. Applicant seeks clarification that the off-street parking requirement is
one (1) space per lot after the lot division for the purpose of creating a secondary lot. In
the alternative, Applicant seeks variance relief for the separate driveway access. The
Locus is situated at 4 Charter Street, is shown on Assessor's Map 42.3.2 as Parcel 167,
and evidence of owner's title is recorded in Book 795, Page 293 at the Nantucket County
Registry of Deeds. The site is zoned Residential Old Historic (ROH).
The locus is a pre-existing nonconforming with respect to lot size, ground cover, and side
yard setback. The lot is an undersized lot of record, measuring approximately 4,410 SF in
the ROH district where 5,000 SF is required. The lot contains a two story 1,118 SF
dwelling and a one story 929 SF second dwelling. The structures are side-by-side on the
road, having 84.66 feet of frontage. The smaller, historic dwelling predates the adoption
of Nantucket's Zoning Bylaw in 1972 and is pre-existing nonconforming with respect to
side yard setback, being sited as close as 0.3 feet from the eastern lot line where a five (5)
foot setback is required. The Zoning Board of Appeals ("Board") previously granted
special permit relief in Board of Appeals ("BOA") File No. 24-05, recorded at Book 960,
Page 209 at the Nantucket Registry of Deeds, to allow demolition of a pre-existing
garage which violated the side and rear yard setbacks and the construction of a setback-
compliant secondary dwelling which resulted in an increase in ground cover ratio from
34.23% to approximately 46.43% in a district where the maximum ground cover ratio is
30% for an undersized lot or up to 50% with relief. In BOA File No. 06-08, recorded at
Book 1137, Page 189, the Board modified the prior Special Permit relief to provide that
the northerly/rear elevation should not exceed twenty-five (25) feet in elevation above
mean grade (as opposed to the twenty-four (24) feet allowed in 24-05). The locus and
structures are otherwise dimensionally conforming.
3. The Zoning Board of Appeals reviewed and considered the application and
accompanying materials, representations, and testimony received at our public hearing.
The Planning Board did not make a recommendation, although a public hearing is
scheduled at the October meeting regarding a request for special permit relief to allow the
subdivision of the lot in order to create a market-rate lot and an affordable lot for a year-
round resident. There was one letter in opposition to the relief requested.
4. Attorney Steven Cohen, who represented the Applicant at the hearing, noted that,
pursuant to Section 139-8.C, the Nantucket Housing Needs Program ("NHNP") provides
for the division of a lot into one unrestricted and one restricted lot, for the purpose of
providing affordable housing in perpetuity. The Planning Board, pursuant to Section 139-
8.C(2), is the special permit granting authority for the creation of secondary residential
lots for year-round residents. The applicant has applied to the Planning Board for
permission to divide the locus into two lots pursuant to Section 139-8.C, and seeks
further relief by Special Permit pursuant to Section 139-30. However, the undersized
original lot does not allow for the minimum lot size split of 3,000 SF for the primary lot
and 2,000 SF for the secondary lot required in the ROH District pursuant to 139-
8.C(2)(e). Therefore, a Special Permit from the Planning Board for this action also
requires a Variance from the Board of Appeals pursuant to 139-32 to allow the proposed
lots to be less than the minimum, as the Planning Board cannot alter this minimum by
Special Permit. In this case, the Applicant proposed to split the locus into lots of
approximately 2,409 SF and 2,001 SF, which would satisfy the intent of the by-law to
ensure that affordable lots were not miniscule.
Applicant noted that in this area of Town, these lots would not be abnormally
undersized, and presented a"Proposed Plan" and an "Alternative Plan" showing that this
split of lot area allows each lot to have yards of roughly equal size, similar parking, and
sufficient frontage on the road. Applicant also noted that if this Variance relief is not
granted, the alternative available is for the Applicant to create the affordable unit as a
condominium under 139-8.B, which would have no beneficial impact and several
negatives for both the market rate and affordable unit, including impacts on
marketability, financing, taxes, insurances, and maintenance. Further, 139-8.C(2)(h)
requires that the new lots share a single driveway access and record an appropriate access
agreement regarding such. In this case, that is not physically possible based on the
existing lot conditions, but the requirement can only be waived by Variance. The locus
contains two existing separate parking spaces, each of which has its own curb-cut access,
previously validated due to their predating the 1998 adoption of the restriction on such in
139-20.1.B(1). The "Proposed Plan" shows one compliant driveway and parking space
for each new lot. Applicant requested that the requirement be waived to allow the use of
the existing driveways and parking. It was noted that the prior Special Permit (File No.
24-05) contained a condition that the locus maintain two parking spaces. To the extent
necessary, Applicant sought clarification that, after division for this purpose, the
requirement would be one parking space per lot.
5. After a discussion with the agent for the Applicant, public testimony in favor of
the Applicant, and a review of the materials provided, the Board finds that, owing to
circumstances relating to the size, shape, and topography of the land and the structures
thereon, but not affecting generally the zoning district in which the lot is located, a literal
enforcement of the provision of this chapter would involve substantial hardship, financial
or otherwise, to the applicant and the desirable relief may be granted without substantial
detriment to the public good and without nullifying or substantially derogating from the
intent or purpose of the bylaw.
6. Accordingly, by a UNANIMOUS vote of the sitting Board, the Zoning Board of
Appeals granted the requested relief by VARIANCE, to the extent necessary, and
clarifies that the condition in the prior Special Permit would continue to apply after the
division of the original lot, namely that there be one parking space per new lot. The relief
granted is the relief proposed and shown on the "Proposed Plan", entitled "Secondary
Residential Lot Concept Plan; #4 & #4 1/2 Charter Street", prepared by Nantucket
Surveyors Inc., dated August 12, 2013, a reduced copy of which is attached herewith as
"Exhibit A". To the extent necessary, the Board also granted VARIANCE relief in the
alternative, as shown on the "Alternative Plan", attached herewith as "Exhibit B", if
ultimately required by the terms of the Planning Board in the Special Permit issued by
that body on this matter.
SIGNATURE PAGE TO FOLLOW
Assessor's Map and Parcel 42.3.2— 167 Deeds Book 796, Page 293
4 Charter Street Plan 02-39
Residential Old Historic
Dated: JV&t 3'i L°t(1 .11 ,
Geoffrey Thayer
Ker' Kos-:tac
Michael Angela...?-40
•san McCarthy
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. idyt-t. 30, Z019
On the 30 fri&day of w"4— , 2014, before me, the undersigned
notary public, personally appeared eA,9 rein 77)a I.
one of the above-named members of the Zoning Board of Appeals 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.
Notary Public:
My commission expires: LYNELL D. VOLLANS
Notary Public
Commonwealth of Massachusetts
My Commission Expires
December 28, 2018
Exhibit A
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