HomeMy WebLinkAbout052-14 41 Crooked LaneFee: $450.00
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
Owner's name(s): Brian Rice and Robert Goldrich
60 =1�
AUG 19 2014
BY: ✓aL - --
File Nos-z-&
Mailing address: c/o Sarah F. Alger, P.C. , 2 South Water Street, Nantucket
Massachusetts
Phone Number: 508- 228 -1118 E -Mail: sfa@sfapc.com
Applicant's name(s): Same as above.
Mailing Address: Same as above.
Phone Number: Same as above. E -Mail:
Locus Address: 41 Crooked Lane
Assessor's Map /Parcel: 41 -202
Land Court Plan /Plan Book & Page /Plan File No.: Lot 2, L.C. Plan 32312-B and
Lot 6, L.C. Plan 32313 -C
Deed Reference /Certificate of Title: Zoning District R-20
Uses on Lot- Commercial: None x Yes (describe)
Residential: Number of dwellings 2 Duplex Apartments
Date of Structure(s): all pre -date 7/72 or
Building Permit Numbers: 33G-13; 10 - 0 4; 99-04; and 162-73
Previous Zoning Board Application Numbers: 054 -12
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:
(See attached Addendum)
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: Owner*
SIGNATURE: Applicant /Attorney /Agent*
rah.F.
0 ger, Attorn y for Brian Rice and Robert Goldrich
*If an Agent is representing the Owner or e Applicant, please provide a signed proof of agency.
OFFICE USE ONLY
Application received on: _ /_ /_ By: Complete: Need Copies:
Filed with Town Clerk:—/—/— Planning Board:—/—/— Building Dept.:_ /_ /_ By:_
Fee deposited with Town Treasurer: _ /J_ 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Continued to:_ /_ /_ Withdrawn: /_/_ Decision Due By:—/—/—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:_ /_ /_
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508 - 228 -7298 facsimile
r '
Addendum
(Brian Rice and Robert Goldrich, 41 Crooked Lane,
Nantucket, Massachusetts)
The Applicant seeks to modify the Special Permit granted by
this Board in File No. 054 -12 by substituting the plan drawn by
Blackwell & Associates, Inc., dated January 31, 2014, revised
August 6, 2014, 2014, entitled, "SE48 -2484 Site Plan of Land,"
for the "Proposed Conditions Site Plan" attached to the decision
registered with Nantucket Registry District as Document No.
138818 (the "2012 Decision ").
In the alternative, the Applicant seeks a special permit
under Nantucket Zoning By -law (the "By- law ") §139- 33.A.(1)(a) to
allow the extension, alteration, or change to the preexisting,
nonconforming dwelling which violates the front yard setback
distance, where the nonconforming setback distance is not being
made more nonconforming, based upon a finding that the extension
will not be substantially more detrimental to the neighborhood
than the existing nonconformity.
Pursuant to the 2012 Decision the Applicant constructed an
addition to such structure that is within the front yard setback
but that does make the nonconforming distance more
nonconforming. Such structure is located within the required
thirty -five foot front yard setback, but it, the other
structures on the locus, and the locus itself otherwise conform
to all dimensional requirements of the By -law. The dwelling has
front yard setback at its closest point to Crooked Lane of about
3.60 feet, where a minimum setback of 30 feet is required. The
addition was shown as having proposed front yard setback of
about 15.78 feet on the addendum to the 2012 Decision, while the
addition as built has a front yard setback of about 15.70 feet,
a distance of one inch.
The locus is located at 41 Crooked Lane, is shown on
Nantucket Tax Assessor's Map 41 as Parcel 202, is shown as Lot 2
on Land Court Plan 32312 -B and on Land Court Plan 32313 -C, and
is located in the Residential - Twenty zoning district.
Town and County of Nantucket July 2u, 1U1 L
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Property Information
Property ID 41 202
Location 41 CROOKED LN
Owner RICE BRIAN & GOLDRICH ROB
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MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
The Town makes no claims and no warranties,
expressed or implied, concerning the validity or
accuracy of the GIS data presented on this map.
Parcels updated January 1, 2011
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Town of Nantucket
Zoning Board of Appeals
RECEIVED
BOARD OF ASSESSORS
AUG 14 2014
TOWN OF
NANTUCKET, MA
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
Brian Rice and Robert Goldrich
PROPERTY OWNER ...... ............................... I .................... .
c/o Sarah F. Alger, P.C.
MAILING ADDRESS „Two South Water Street, Nantucket; MA 02554
....... ...............................
41 Crooked Lane
PROPERTY LOCATION....... I ... I ....................... ...............................
ASSESSOR MAP/ PARCEL .......41 / 20 1 2 ... . ............ .
SUBMITTED BY.., Sarah..F;.. Alger,
.. P.”. C ............. ...............................
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)•
DATE '
CQ'ka ,
A SESSOR'S OFFIC
TOWN OF NANTUCKET
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Matthew S. Crysler, Trustee et al
62 Madaket Road Nominee Trust
1572 Waller Street
San Francisco, CA 94117
Jane B. Jacoby
64 Madaket Road
Nantucket, MA 02554
Anne K. Mendelsohn
P.O. Box 1201
Nantucket, MA 02554
Diane Herlinger
117 Oakwood Court
London England W14 8LA
James M. & Carol E Faucher
2 Greglen Avenue, Suite 223
Nantucket, MA 02554
Beatrice Taylor Vorm, Trustee et al
211 Windy Row
Hillsborough, NH 03458
21 Crooked Lane LLC
6478 Gordonsville Rd
Keswick, VA 22947
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Samantha Barnes
31 East 121h Street
New York, NY 10003
Paul P. Stewart, Trustee
Sixty Two Trust
12 Carriage Chase
North Andover, MA 01845 -2040
Sydney B. Fee
129 Orange Street
Nantucket, MA 02554
Thomas Chadic, Trustee
P.O. Box 1222
North Falmouth, MA 02556
Robert P. & Philippa Radin
3009 O Street NW
Washington, DC 2007
Robert T. Mann & Mary M. Mann
9316 Ludgate Drive
Alexandria, VA 22309
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200 Holly Avenue
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Michael and Alexandra
Glazier
390 Westford Road
Concord, MA 01742
Tate Lu Raye S. Trust et al
271 Central Park West
New York, NY 10024
Sandra A. Urie, Trustee
38 Prospect Street
Winchester, MA 01890
Christopher J. Ballog
29 Four Mile Road
W. Hartford, CT 06107
Michael and Margaret Fitzgerald
c/o James and Ingrid Crimmins
4 Tallcott Lane
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File No. �i�-ARM
6
TOWN OF NANTUCKET
BOARD OF APPEALS „
NANTUCKET, MA 02554
Mapes Parcel; -- .
This agreement to extend the time limit for the Board of Appeals to make a decision, hold a public hearing, or
to take other action concerning the application of
Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A of
the Afassachusetts General Laws, Applicants) /Petitioner(s) and the Zoning Board of Appeals hereby agree to
extend the time limit
For a public hearing on the application
For a written decision
Q For other acii0R_'4r .n1i.w S'rw..v , _`i Yceu Ids_ .re.. cr ,-i°�L L Wrf. -.,3.5 ir. °'" bi"rm..`•i
Such application is:
An appeal from the decision of any administrative official
O A petition for a special permit
O A petition for a variance
O An extension
O A modification
The new time limit shall be midnight on � �t3�3e� _ �, �Oi� ? =" ` ":, which is not earlier than
a time limit set by statute or bylaw.
The Applicant (s), attorney, or agent for the Applicant represented to be duly, authorized to act in this matter
for the applicant, in executing this agreementwaives any rights under the Nantucket Zoning Bylaw and the
State Zoning Act, as amended, to the extent, but only to the extent, inconsistent with this agreement.
Town Clerk Stamp:
EffectV Date ofAgreemeat
2 Fairgrounds Road Nantucket Massachusetts 02554
508- 228 -7215 telephone 508- 228 -7298 facsimile
3',apNTUC/rei,
N
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2 1 i
�09 fli-io-" ii vrI\''D
TOWN OF NANTUCKET
BOARD OF APPEALS ' 19 8 �! 37�
NANTUCKET, MASSACHUSETTS 02554 !r y.= T0Vii CL
Date: December 8 , 2014
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 52-14
Current Owner/Applicant: BRIAN RICE & ROBERT GOLDRICH
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 .
/1;721L----- e...-----\____
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
Assessor Map 41, Parcel 202 Certificate of Title No. 20897
41 Crooked Lane Land Court Plan No. 32312-B
Residential 20 (R-20) Land Court Plan No. 32313-C
Lots 2 and 6, respectively
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, September
11, 2014, at 1:00 P.M., Four Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of BRIAN RICE and ROBERT GOLDRICH, do Sarah
F. Alger, P.C., Two South Water Street,Nantucket, Massachusetts 02554, File No. 052-14:
2. The Applicant is requesting modification of the previously issued Special Permit to
substitute a revised as-built site plan showing the addition sited about 15.7 feet from the front
yard lot line. Zoning Board of Appeals Decision 054-12, dated October 10, 2012, registered
with Nantucket Registry District as Document No. 138818 (the "2012 Decision") granted relief
allowing the alteration and extension of the preexisting nonconforming structure on the Locus
and specifically allowed the addition to be "no closer than 15.78 feet from the front yard lot
line." In the alternative, Applicant requests a new Special Permit.
The Locus is located at 41 Crooked Lane, is shown on Nantucket Tax Assessor's Map 41 as
Parcel 202, is shown as Lot 2 on Land Court Plan 32312-B and as Lot 6 on Land Court Plan
32313-C, and is located in the Residential-Twenty (R-20) zoning district.
3. Our decision is based upon the application and accompanying materials, representations,
and testimony received at our public hearing. There was no Planning Board recommendation on
the basis that no matters of planning concern were presented.
4. Attorney Sarah F. Alger represented the Applicant at the hearing. Attorney Alger
explained to the Board that the Applicant is seeking to modify the 2012 Decision by substituting
the plan drawn by Blackwell & Associates, Inc., dated January 31, 2014, revised August 6, 2014,
entitled, "SE48-2484 Site Plan of Land" (the "2014 As-Built"), for the "Proposed Conditions
Site Plan" attached to the 2012 Decision(the "2012 Site Plan").
2
In the alternative,the Applicant seeks a special permit under Nantucket Zoning By-law(the `By-
law") §139-33.A.(1)(a) to allow the extension, alteration, or change to the preexisting,
nonconforming dwelling which violates the front yard setback distance, where the
nonconforming setback distance is not being made more nonconforming, based upon a finding
that the extension will not be substantially more detrimental to the neighborhood than the
existing nonconformity.
Pursuant to the 2012 Decision the Applicant constructed an addition to such structure that
is within the front yard setback but that does make the nonconforming distance more
nonconforming. Such structure is located within the required thirty-five foot front yard setback,
but it, the other structures on the Locus, and the Locus itself otherwise conform to all
dimensional requirements of the By-law. The dwelling has front yard setback at its closest point
to Crooked Lane of about 3.60 feet, where a minimum setback of 30 feet is required. The
addition was shown on the 2012 Site Plan as having proposed front yard setback of about 15.78
feet, while the addition as built has a front yard setback of about 15.70 feet as shown on the 2014
As-Built, a difference of one inch.
5. Therefore, after a discussion with the Applicant and taking testimony from the public, the
Board finds that modifying such Special Permit relief pursuant to By-Law §§139-33.A to
substitute the 2014 As-Built for the 2012 Site Plan and to grant Special Permit relief to allow
construction of the project as shown on the 2014 As-Built, would be consistent with the 2012
Decision and in harmony with the general purposes and intent of the By-law and would not be
substantially more detrimental to the neighborhood than the relief previous granted in the 2012
Decision, particularly given the de minimus nature of the change.
6. Accordingly, by a UNANIMOUS vote, pursuant to By-Law §§139-33.A, the Board of
Appeals hereby grants the modification of the previously granted Special Permit relief to
substitute the the 2014 As-Built for the 2012 Site Plan and grants Special Permit relief to allow
the project to be as shown on the 2014 As-Built, upon the following conditions:
(a) The project shall be in substantial conformity with the 2014 As-
Built, a reduced copy of which is attached hereto as Exhibit A.
(b) Except as hereby modified the relief granted by this Board in the
2012 Decision remains in full force and effect.
SIGNATURE PAGE TO FOLLOW
3
Assessor Map 41, Parcel 202 Certificate of Title No. 20897
41 Crooked Lane Land Court Plan No. 32312-B
Residential 20 (R-20) Land Court Plan No. 32313-C
Lots 2 and 6, respectively
Dated: D 'amber y,2014
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Lisa Bo f icelli
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Geoffrey Thayer
COMMONWEALTH OF MASSACHUSETTS
County of Nantucket, ss
On the l' day of D€C,Q,wtIOQ0._ , 2014, before me, the undersigned notary public, personally
appeared ..re.o---f y "tilt 01/4 tie— , one of the above-named members of the
Zoning Board of Appeals of antucket, 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.
Offic l Signature and Seal of Notary Public
My commission expires:
LYNELL D. VOLLANS
Notary Public
CF Commonwealth of Massachusetts
My Commission Expires
December 28, 2018
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