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HomeMy WebLinkAbout058-14 8 Gull LaneFee: $450.00 Owner's name(s): SEP 1 5 201 BY: _ C V 644 Z I a G RECEIVED TOWN OF NANTUCKET T- - --P ?9 Pr'1 3 06 BOARD OF APPEALS, � E T TOV.'ri CLERK NANTUCKET, MA 02554 APPLICATION File No.� I 5u 2 Q-in e. FofS � Mailing address: 1/ T$!4,► J G Q/I C A /CV ILCAC_ "'.1/4 OASSy Phone Number: 9S 7- a y8•- Jd 11{ Applicant's name(s): 1�54 lah 1 a6 v>°r U4 f V Co�Sf T►d'1 ) Mailing Address: � � 95a d /e i Ro RJ Phone Number: S09-32a_ WS E -Mail: JS��g�@ �4iIYCD✓IST/�C�� Locus Address: Sr G011 rale"►d L- /1 e Assessor's Map /Parcel: Land Court Plan /Plan Book & Page /Plan File No.: 13 ado _" 6 , 1-01-A Deed Reference /Certificate of Title: - -'r Zoning District K • 0. /? Uses on Lot- Commercial: None ✓ Yes (describe) Residential: Number of dwellings i Duplex _ Apartments Date of Structure(s): all pre -date 7/72 or Of',9ing/ /7oje Ai.- 717x, 4J'�°"? G�' �/e�ao� Building Permit Numbers: IS5 D - I3 Previous Zoning Board Application Numbers: D$O- %01 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile s State below or attach a separate addendum of specific special permits or variance relief applying for: P/C-- qs� 'S eqt' '�4' 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* *If an 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:_ /_ /_ Planning Board:—/—/— Building Dept.:—/—/— By:_ Fee deposited with Town Treasurer:—LL 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Town Clerk:_ /_ /_ Mailed:_ /_ /_ I &M_ /_ /_ &_ /_ /_ Hearing(s) held on:—/—/— Opened on :_ /_/_ Continued to:_ /_ /_ Withdrawn:_ /_ /_ Decision Due By:—/—/— Made:—/—/— Filed w /Town Clerk:_ /_ /_ Mailed:—/—/— 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone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 September 15, 2014 Ms. Eleanor W. Antonietti Land Use Specialist Nantucket Zoning Board of Appeals 2 Fairgrounds Road Nantucket, MA 02554 LILY STRUCTION FRAME TO FINISH AivD CUSTOM CREATIONS Re: 8 Gull Island Lane ZBA Addendum, Map 42.4.3 /Parcel 95 Dear Ms. Antonietti, Please let this letter serve as our Addendum to accompany the ZBA application submitted September 15, 2014. Applicant is requesting Modification of prior Special Permit relief granted in Decision No. 080 -12 or, in the alternative a new Special Permit, pursuant to Zoning Bylaw Section 139 - 33.A(1)(a) and 139- 16.C(1) to validate the siting of an existing non - conforming deck by reducing the rear yard setback requirement from 5 feet to 4.85 feet. In the alternative, Applicant requests Variance relief pursuant to Zoning Bylaw Section 139 -32 for a waiver from the 5 foot setback requirement in 139 -16.A. Under building permit number 1550 -13, we constructed a 748 square foot addition on the rear of the existing dwelling, as well as the new entry deck, which we are seeking relief on. The northwest corner of the deck projects 1.75" into the 5 foot setback because we pulled our deck width measurement from the corner board, rather than the foundation. If you have any questions, or if you require any additional data, please call me at (508) 332- 9235. Thank you, saiah J. Stover Construction Manager Daily Construction, Inc. SEP 1 7 2014 p Email: isaiah @dailyconstruction.net Cell: 508 - 332 -9235 Office: 508 - 680 -1099 Website: www.dailyconstruction.net . STREET R 20 \_ 21 p . 9 � F 22 j VPe•1`V 64 67 23 Qo sz. 1 G1 81 �4 CF 24 1 4 63 hTFA 70 I 1 93 go 9T 72 �+ L O"dO 114 S1 1 25 4 96 100 1 0 101 s l 26 f 93 /' 102 �J`g O\ / u 73 27 Y 7 / { / 40 (�� N FIRST CONGREGATIONAL 1 •� 104 __ (11 CHURCH G t'O� 29 74 � 1 / 92 ' 9TH LK ` 105 FIRST CONGREGATIONAL CHURCH a a29 l 1 106 CHURCH COURT 44.2 -41 76 :.. -. 91 107 j ... ASH too IO9 O U ST. 77 42.4.2 -40 _1 x U J k I16 _ 42.42 t17,7. 110 nl L) as ' 112 {It•l � 60 ' 11 ANE e9 90.1 J 88 ACADEMY ui BI AS$yB,E'µ'Ay 15 to fi 12 84 e3 G .. 1 1 90.2 W F- 12 W 67 BB 62 pp 1. 39 Of t- Q AC�p£MY 42 y 30 ' l ' YFlNOOpT 41NRCK � 32, 1 '• i TOWN OF $ 34 33 31 , \ , NANTUCKET 38 Ir 37 35 I 1 - 43 42.14 -11 F- W Q Z 3 ° STREET o os �k t� GAY h 42.34;18 42.3.4-19 4242 -37 0. 423.4 -10 W - 3 423.4-13 42.3.4 -14 42.3.4 -15 42.3.4 -16 423.4 -17 H 104000. W ] ( and lJ'olliltj' of +� W " 42.4.3 SCHOFIELD BROTHERS, INC. Z SHEET NO. TJ .■,;`�\v/1' ` PROFESSIONAL ENGINEERS •REGISTERED LAND SURVEYORS 14B FEDERAL Sr., NANTUCKET, MASS. O Z OV O . 9 8 SHEET INDEX 9 7 10 U t2 i 14 13 , _ �/ �J(KE NOFA F �� 17 i6 0 2 22 1� 17 ,r`�I�1 s z ;i0OFG e:: %" C b '7G'n ADBERI �, O UI VIQ > ltich4 V Vs, DUDLEY s W. y I v1 3'. 'a O v ml,'�' �!MCI E F40C {N w o FO3TFR u al Scole(1,60O) 00 IW 1 0 �N.. 19420 O Apy lym�� P P Ap o19T6 �," ,0 60 7a .t mlMelr is Scale .e se c /9r PF' 4' N 5 ON Q � � 84 83 2 91 BS 8a 79 Ttl 8 89 _ SO 71 92 . CURRENT ZONING CLASSIFICATION: Raider id Old Historic (R-OH) MNIMUWI LOT SIZE: 5000 S.F. MINIMUM FRONTAGE: 50 FT. FRONT YARD SETBACK: none REAR/SIDE SEMACK: 5 FT. GROUND COYER S : 50% E70ST. COBBLESTONE TRACKS 42.4.3 -60 N/F ELIZABETH M. LENCYK LINDSEY M. HOFFMAN CERT. /23249 L7!�� E ■ A== CORM 000! = !Jmmu YOM 4.873 SF.t SEE PLAN SEE PLAN SEE PLAN 35.5x f tip¢ ,y l oto: t/ 42.4.3 -94 N/F PACK FAMILY PROPERTIES, LLC DEED SK, 521, PG. 157 424.3 -93 PACK FAMILYNPRROPERTIES, LLC DEED BK. 521. PC. 157 42.4.3 -92 N/F PACK FAMILY PROPERTIES, LLC CERT. /20584 LC.C. 10605 -A 42.4.3 -61 N/F SASKA CAVANDFR CERT. /9081 LC.C, 18917 -A LOTS B Ni: C 42.4 95 - Ib%o- / MARK D. FORSYTH SUZANNE d FORSYiH C.C. ?5111 / L.C.C. 13220-8 LOT A �d ZIP / / 42.N/F N/F THOMAS P. LOWY BETH LOWY DEED BK. 317, PG. 23 �. PLAN BK. 25. PG. 3 BUILDING LOCATION PLAN OF LAND IN NANTUCKET, MASS. SCALE: 1'= 20' DATE: AUGUST 27, 2014 THIS PLOT PLAN WAS PREPARED FOR THE TOWN MARK A FORSYTH & OF NANTUCKET OUR DING DEPARTMENT ONLY AND SHOULD NOT BE CONSIDERED A PROPERTY LINE SUZAN owner. ..... NE, J. FORSYTH SURVEY. THIS PLAN SHt7lH�t NOT BE i ESTABLISH PROPERTY LIMES, FENCE^,, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES 132211 -8 Certificate .:..25.111 .. L.C. Plop THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. Locus: $ GULL ISLAND LANE, . THIS WILT PLAN IS NOT A CERTIFICATION AS TO ITTLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN BIACRII U & ASSOCIATES, InC. ACCORDING TO CURRENT ASSESSOR RECORDS. Professional Land SurN�Nryors 20 TEASDALE CIRCLE ASSESSOR MAP: , 42 ;4;3 . PARCEL: g? . . NANTUCKET, MASS. 02554 X508) 228 -9026 T:\JACK 26 JOB 39 4 10: DO: 37 AM EDT It A q//S/ ao r y -TJ S B7'S76 140688 11likill IN 002 Cert: 23010 Doc: SP Registered; 04/05/2013 02:44 PM TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 025A C M --4 u, Date: March 15, 2�43 — < CO II To: Parties in Interest and Others concerned with tke Decision of The BOARD OF APPEALS in the Application of the £ollo's►imix Application No: 080 -12 Owner /Applicant: GOLDEN PIG, 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 ai 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. S J A Edward S. 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. 140688 NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 42.4.3, Parcel Certificate of Title No. 23,010 95 8 Gull Island Lane Land Court Plan 13220 -B, Lot A Residential Old Historic DECISION: 1. At a public hearing of the Nantucket Appeals, on Thursday, December 13, 2012, Janue February 14, 2013 at 1:00 P.M., 4 Fairgrounds Massachusetts, the Board made the following application of GOLDEN PIG, LLC, 8 Gull Island Massachusetts 02554, File No_ 080 -12: Zoning Board of ry 10, 2013, and Road, Nantucket, decision on the Lane, Nantucket, 2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Sections 139- 33.A.(4) and (5) (alteration of preexisting nonconforming structures) in order to alter and extend the preexisting nonconforming structure without increasing the nonconforming nature of the structure and Section 139- 33.E.(2)(a) to increase the ground cover ratio to approximately 36% where up to 50% is allowed by Special Permit. The Applicants propose to construct additions to the preexisting nonconforming structure that will be sited in compliance with all setbacks. Said structure is currently sited approximately 1.9 feet from the easterly side yard setback in a zoning district that requires a five (5) foot side and rear yard setback. In addition to the side yard setback nonconformity, the Locus is also nonconforming as to lot size, having a lot area of 4,873 square feet in a zoning district that requires a minimum lot size of 5,000 square feet and is nonconforming as to frontage having 48.38 feet of frontage in a zoning district that requires 50 feet of frontage. The Locus is situated at 8 Gull Island Lane, is shown on Nantucket Tax Assessor's Map 42.4.3 as Parcel 95, is shown on Land Court Plan 13220 -B as Lot A, and title is registered as Certificate of Title No. 23,010 in the Nantucket County Registry District of the Land Court. The site is zoned Residential Old Historic. 1 140688 .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. There were letters in opposition to the application on file and testimony was received at the hearing expressing concerns about the proposed alterations. 4. Attorney Jessie Glidden represented the Applicant at the January and February hearings. At the December hearings, the Applicants represented themselves and explained to the Board that they are requesting Special Permit relief pursuant to Nantucket Zoning .Bylaw Sections 139- 33.A.(4) and (5) in order to alter and extend the preexisting nonconforming structure on the Locus without increasing the nonconforming nature of said structure. The Applicants are also requesting Special Permit relief pursuant to Section 139-33.E. (2) (a) because as a result of the alterations, the ground cover ratio will be about 36 %. Because the lot is undersized for the Residential Old Historic Zoning District, having 4,873 square .feet, the Applicants need Special Permit relief in order increase their ground cover ratio above the 30% ground cover ratio allowed by right for undersized lots. Said structure is sited approximately 1.9 feet from the easterly side yard setback in a zoning district that requires a five (5) foot side and rear yard setback. In addition to the side yard setback nonconformity, the Locus is also nonconforming as to lot size, having a lot area of 4,873 square feet in a zoning district that requires a minimum lot size of 5,000 square feet and is nonconforming as to frontage having 48.38 feet of frontage in a zoning district that requires 50 feet of frontage. At the December hearing it was presented that the Applicants are proposing to alter and extend their structure such that the proposed additions will be no closer to the lot lines than the existing structure (approximately 1.9 feet from the easterly side yard setback). The Board requested a survey plan be brought to the January hearing so that they could better understand the size and scope of the proposed additions. The Board also suggested to the Applicant that it may be more prudent to construct the addition in compliance with all setbacks. F, 140688 At the February 14th hearing the Applicant submitted a revised site plan showing the location of the additions being outside all setbacks. 5. Therefore, after a discussion with the agent for the Applicant, the Board finds that such a Special Permit for relief sought by the Applicant pursuant to Nantucket Zoning Bylaw Sections 139- 33.A.(3) and 139- 33_E.(2) in order to alter the structure such that the proposed alterations will' be in compliance with all setbacks and to add ground cover, as proposed, would not be substantially more detrimental to the neighborhood and would be in harmony with the general purpose and intent of the Zoning Bylaw. 6. accordingly, by a UNANIMOUS vote of the four sitting Board members, the Board of Appeals grants a Special Permit for the relief sought by the Applicant pursuant to Nantucket Zoning Bylaw Sections 139- 33.A.(3) and 139- 33.E.(2) in order to alter and extend the preexisting nonconforming single - family dwelling without increasing the nonconforming nature of the structure with the following conditions: a. All additions shall be constructed as shown on the site plan entitled, "Proposed Conditions Site Plan to Accompany Zoning Board of Appeals Application in Nantucket, Mass. ", dated January 14, 2013, prepared by Blackwell & Associates, Inc., attached hereto as "Exhibit A b. That all work shall be done in conformance with Historic District Commission Certificate of Appropriateness No. 59,111, as may be amended from time to time; and, c. That there shall be no exterior construction for the proposed work, including the exterior use of power tools for interior work or for hardscaping, between Memorial Day and Labor Day of any year. SIGNATURE PAGE TO FOLLOW 3 Dated: myL + ( , 2013 1 COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. � }� , 2013 On this .0 d of E 2013, before me, the undersigned Notary Public, personally appeared _ . who is Personally known to me, and who is a person whose name is signed on the preceding or attached document, and who acknowledged to me that he! t�e igned it voluntarily for its stated purpose. My commission expires: I CERTIFY THAT 20 DAYS HAVE ELAPSED AFTER THE DECISION WAS FILED IN THE OFFICE OF THE TOWN CLERK. AND THAT NO. APPEAL HAS BEEN FILED, PURSUANT TO GENERAL LAWS 10A,SEC7ION 11 low APR 052013 4 ATTEST: A IhUEy Vy 1. MiKOTWCKE4 T TOV* (A-ERK r All g fig gt3 .6< It a z 13 w 0 o y a P aJ w 3 7 U U y~ O D Z=QV°S w Q =_= w tt 3 Z W {V� WWW } F N (L�J F O O O O O zzQ W C1 W w uj k � , z .n z +( 0,. CL j w'a 01 c V f/- N rn CL M co 1 Z w 0. o x U = N Z r p0 0cr 0 N O OJT w \. �v :17z vcr M�f�cro 140688 t +J i, /.i /d v ~ t_N^t n n o. :2 - tat• +„ h ' oi IL �N 10 n N N n v H 3 a a m s m C N � J x � _ g 140688 li 1 ! C ! 7 [ 3 7 F { a9 f i t I O 7 � 1 ! 1 I O 1 rn F rq I I is H tt'I t � p 1 � 1 Z F O � t 1 T 1 I = 1 i 7 Ul 3 O ] I c cr en fJ7 1 iJ i r � i D 7 r itc i 1 i11 k 7 G t I •� I t I k 7 ! - 3 7 F Z f i a t 7 � 1 ! 1 rn F rq H t t � p 1 � Z F O � t 1 T 1 i 7 i 7 i Town of Nantucket Zoning Board of Appeals RECEIVED BOARD OF ASSESSORS SEP 15 2014 TOWN OF NANTUCKET, MA LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER. /Al.RCk ..R!1.... SV.? 4'l�� .. �SfVT''1.......... MAILING ADDRESS..... ... ( 4,Vl ..., Wei ....... �!1� ...... I .............. PROPERTY LOCATION. ?...17QJ . Z7414 l C .. .. ................ . ASSESSOR MAP/PARCEL.... . ? : y.. /� S .. . ... ............................... SUBMITTED BY ..... ?!. a4 .... . ..5 ©. .......................... 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). r i 11�� , ASSESSOR'S OFF TOWN OF NANTUCKET CURRENT ZONING CLASSIFICATION: 42.4.3 -96 Residential Old Historic (R —OH) E)(15TfNG MINIMUM LOT SIZE: 5000 S.F. 4.673 S.F.+ MINIMUM FRONTAGE: 50 FT. SEE PLAN FROM YARD SETBACK: none SEE PLAN REAR /SIDE SETBACK: 5 FT. SEE PLAN GROUND COVER 1:: 50% 33,57, t EXIST. COBBLESTONE TRACKS 42.4.3-60 ELIZABETH M. LENCYK LINDSEY M. HOFFMAN CERT. P23249 L.C.C. 13220 —B LOT B EXIST. TIMBER RETAINING WALL • DENOTES CONCRBTS BOUND i1M DRWOLS biDW AY S�Cj °s 5�p5,i0. � ���e•tpa� o •S oDs P DECK j. tk / 42.4.3 -94 / N /F PACK FAMILY PROPERTIES, LLC DEED BK. 521, PG. 157 42.^41.3- 93 PACK FAMILY PROPERTIES, LLC DEED SK. 521, PG. 157 4 42.4.3 -61 N/F SASHA CAVANDER CERT. #9061 L.C.C. 18917 —A LOTS B do C U2A '0 $ME SUP ao. 42.4.3-95 tk�/ MARK D. FORSYTH SUZANNE J. FORSYTH CERT. #25111 L.C.C. 13220 —B LOT A `1y Q QUO e BUILDING LOCATION PLAN OF LAND IN NANTUCKET, MASS. 42.4.3 -96 42.N/F / N/F THOMAS P. LOWY PACK FAMILY PROPERTIES. LLC BETH LOWY CERT. X205 DEED SK. 317, PG. 23 L.C.C. 10605 -- A PLAN BK. 25. PG. 3 BUILDING LOCATION PLAN OF LAND IN NANTUCKET, MASS. Nantucket Zoning Board of Appeals Mullin Rule Certification (GL c. 39 Sec. 23D) Pursuant to G.L. c. 39, § 23D, the undersigned member of a board, committee or commission of the Town of Nantucket hereby certifies that he or she has examined all of the evidence received by the said board, committee or commission at the one session of its adjudicatory hearing on the matter identified below which the undersigned member failed to attend, and that such evidence included an audio or video recording of the missed session or a transcript thereof. This Certification has been executed prior to the undersigned's participating in a vote on the matter and shall be part of the record of the hearing. Member Name: Edward S Toole Board, Committee or Commission: Zoning Board of Appeals Subject Matter of Hearing. Application No 58-1.4. Gull Island Lane Date of Missed Session: October 9 2014 Signed under the pains and penalties of perjury this,O day of L0 i 20 ' k 7 Fairgrounds Road •Nantucket, MA 02554 r *0X 7 )1i 7? 1 S re lenlinne iinR 7 7K 7 )'QR f, rintilr• WITHDRAWAL FORM APPLICANT(S): RECEIVED 12 P � 2G n a 1 10J =14 CLL`=I'\ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 File No. 058 -14 Map 4243 Parcel95 Mark D. & Suzanne J. FORSYTH 8 GULL ISLAND LANE UPON THE REQUEST OF THE APPLICANT(S) MADE: PRIOR TO X AFTER PUBLICATION OF NOTICE OF A PUBLIC HEARING ON THE ABOVE CAPTIONED APPLICATION, WE, THE NANTUCKET ZONING BOARD OF APPEALS: ACKNOWLEDGE AS A MATTER RIGHT AND WITHOUT PREJUDICE • APPROVE WITHOUT PREJUDICE APPROVE, BUT WITH PREJUDICE THE WITHDRAWAL: • IN FULL OF THE SAID APPLICATION OF SO MUCH OF SAID APPLICATION AS: The Zoning Board of Appeals DATED: December 12, 2014 Eleanor Weller Antonietti, Zoning Administrator t 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile