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HomeMy WebLinkAbout060-14 14 D Streetr TOWN OF NANTUCKET BOARD OF APPEALS ^ s NANTUCKET, MA 02554 M s C7 M APPLICATION :_3 M o n N r LL (.7) Fee: $450.00 File No. D' Owner's name(s): Susan S. White and Lindsay White, Trustees of the Susan White Revocable Trust u /d /t/ June 7, 1991 Mailing address: 12 Blanchard Road, Cambridge, MA 02138 Phone Number: 508- 228 -0771 E -Mail: John @gliddenandglidden.com Applicant's name(s): same Mailing Address: same Phone Number: 508 - 228 -0771 E -Mail: John @gliddenandglidden.com Locus Address: 14 D Street Assessor's Map /Parcel: 60.2.1/1 • �, Land Court Plan .: Lot 1, LC Plan No. 3092 -R Lot 87 -A, LC Plan No. 3092 -T Deed Re fee fie Certificate of Title: 21705 Zoning District: VR Uses on Lot- Commercial: NA Yes (describe) Residential: Number of dwellings: 1 Duplex Apartments Date of Structure(s): Pre -1972 Previous Zoning Board Application Numbers: 043 -00 State below or attach a separate addendum of specific special permits or variance relief applying for: See Exhibit A 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: SIGNATURE: Owner* *If an Attorney or 91116 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:_ /_ /_ 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Clerk: _ /_ /_ Mailed:—/—/- I &M_ /_ /_ &_ /_ /_ Hearing(s) held on:_ /_ /_ Opened on :_ /_ /_ Continued to:_ /_ /_ Withdrawn:_ /_ /_ Decision Due By:_ /_ /_ Made:_ /_ /_ Filed w /Town Clerk:—/—/— Mailed:—/—/— Exhibit A The applicants, Susan S. White and Lindsay White, Trustees of the Susan S. White Revocable Trust, are requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 16.C.(2) and, to the extent necessary, Variance relief pursuant to Section 139 -32 from the intensity regulations in Section 139 -16 in order to validate the unintentional setback intrusion on the property. Nonconformities The Locus, 14 D Street, is an undersized lot of record, having approximately 14,842 square feet in a zoning district that requires a minimum lot size of 20,000 square feet. The Locus is improved with an existing dwelling and bunk -house that was the subject of Zoning Board of Appeals Special Permit No. 043 -00. The existing structures are nonconforming with respect to rear yard setbacks and ground cover. The primary dwelling is approximately 3.4 feet from the rear yard setback in a zoning district that requires a ten (10) foot rear yard setback. However, this structure predates the adoption of the Zoning Bylaw and is deemed a grandfathered structure as was determined in Zoning Board of Appeals Special Permit No. 043 -00. The bunk- house, which was originally approximately 2.67 feet from the southwesterly setback received Special Permit relief in order to renovate and re -site the structure outside of all setbacks (see condition 6 of said Special Permit decision). However, after the new location of the bunk -house was staked and sited, a survey determined that the structure is sited approximately 9.64 feet from the side yard setback in a zoning district that requires a ten (10) foot rear yard setback. The structures are also nonconforming with respect to ground cover ratio, having a ground cover ratio of approximately 10.9% in a zoning district that requires a ground cover ratio of approximately 10 %. However, at the time of the renovation and addition to the bunk- house, the property was zoned R -2 which allowed for a ground cover ratio of 12.5 %. Therefore, the ground cover ratio is a preexisting nonconforming because the up- zoning created this nonconformity when the property was rezoned to Village Residential (VR). Relief Requested The applicants are requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 16.C.(2) to validate the siting of the bunk -house because the unintentional setback intrusion was based upon a reasonably licensed survey after 1990 and is less than five feet into the rear yard setback. Furthermore, as the structure was moved out further from the lot line per Zoning Board of Appeals Decision No. 043 -00, the burden of correcting this intrusion outweighs any benefit to an abutter of eliminating said intrusion. In the alternative, the Applicants are requesting Variance relief pursuant to Section 139- 32 from the intensity regulations in Section 139 -16 to validate the siting of this existing bunk- house. Conclusion The Applicants are requesting Special Permit relief pursuant to Section 139- 16.C(2) in order to validate the unintentional setback intrusion which is approximately 0.36 feet into the ten (10) foot rear yard setback because the burden of correcting this de minimis intrusion far outweighs any benefit to an abutter and because the relocation of the structure was based upon a licensed survey after 1990. In the alternative, if the Board is not inclined to grant the requested relief by Special Permit, the Applicants are requesting Variance relief pursuant to Section 139 -32 from the intensity regulations in Section 139- 16 to validate the siting of this existing bunk- house. vp J 3 v 0 z 0 U 0 s v 0 N 0 0 0 0 0 0 m m 0 co ol co in 0 LOT 87A 9,300 S.F. EOiTOH OF BANK - N NSTAIRS ul O DHC � OF .roe DHCB O DESK EXISTING DWELLING LOCATED ON LOT ' 87A PREDATES ZONING BYLAWS 0 Z N a` 0 EXISTING DWELLING 1,167 S.F. :f DHCB% � 3A0 /.00�5�'00 // SO t� tp 23p9 56 LOT 104 GRAVE ts� Y IV IP DHCB 5,442 S.F. EXISTING WELL BURIED \ SW 0,31' DWELLING 0 PROPANE 435 S.F. TANK n / 0 aI�3 SEE SPECIAL PERMIT #043 -00 L.C. DOC. #90317 O_ ' wZONE R -2 AT TIME OF PERMIT 41 96 TO THE BEST OF MY KNOWLEDGE AND BELIEF THIS PLOT PLAN IS SUBSTANTIALLY CORRECT AS NOTED IP HEREON. PLAN UPDATED BY SW 0.22' NANTUCKET SURVEYORS, LLC, FILE NS 6/1 DWELLING ADDED PAUL J. SANTOS, PLS 6 PAUL J n SAIJI)S THE STRUCTURES �, N0.36124 ARE LOCATED AS SHOWN �o SUR`4 JOHN J. SHUGRUE PLS DATE,MARCH 31 2000 MAP 60.2.1 - ZONING, VR MINIMUM LOT SIZE, 20,000 S.F. MINIMUM FRONTAGE, 100 FT FRONT YARD SETBACK, 20 FT REAR & SIDE SETBACKc 10 FT ALLOW. GROUND COVER RATIO, 10% )KEXIST. GROUND COVER RATIO, 10.97± CC❑RNERB❑ARD> PLOT PLAN OF LAND IN NANTUCKET, MA SCALE, 1'= 30' DATE, FMARCH 31, 2000 JOHN J. SHUGRUE, INC. 57 OLD SOUTH ROAD NANTUCKET, MA 02554 FOR, SUSAN D. WHITE PARCEL NO.1 #5406ABS I own ana uoulmy OT IVantuMet Vctober y, ZU14 60.1.2 j 60.1.2,5 �. <'1 1 12 60.1.2'4 % 10 61 to k 60.2�161.'�' . 60Z . 214 1 tt 9 60217:1 '". 60.21 2 � 60.2..176 14 16 60.217.1 L "` F , 13 6`.2.1 1 :..,i 6 � 1 60:2 2 �1 2 25 . 2 8 ' �27 1,t 1 t 22 22 25 X602176 14 \, \ 60.217;1 ' 602489 -;. 60.21 17 // r 60.2152 �,.� �. ' 60.21 79 `� 6J0.21 t' 6�— 1 fi0.21 13 �. 60.21 5D 1 6 .1G4 73 60.2486 ! -<` 60.21 21 60.21 15 0.�2 \ 307 �\ x.472 60 Z14 �� t9 14 1, �. �\ �0 60.2.114 \ t ,f \ 60 128 60.242 �._, 6 .24 84' * � '` 60.2125 Of21�' 60.21 60 24 75 'r f r ti0 5 i (6 21 306 0. 61 22 X 60. 1 4 0.24 64.1 Nl 60.2.4 70 a bv.3a ntti` 3 \ 60. :\ 60.2 465 60.24 ss oot 1",= 188 ft 6 ' Property Information Property ID 60.2.1 1 Location 14 D ST Owner WHITE SUSAN S & LINDSAY 124 63 6 1 24 R / 1 'j 60.2.1 67 r 60.21 66 60.21 23 '. , 60.2.1 38 310 3 / 60 10` '� � '.` 17 917 ` f , - 60.2.165 ' 60'2:1 35 3127 312 80.21 29 321 60.2.1 64 ®� +�ti.tkr�l ` e t 1 °�1Ets 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 December, 2013 r � TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date : August ��5 2000 To: Parties in Interest and.Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: Owner /Applicant: 043 -00 SUSAN D. WHITE Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in 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 an complaint in 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. , 6 J Michae J. 'Mara', Chairman cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED -UPON ACCORDING'TO NANTUCKET ZONING BY -LAW §139 -301 (SPECIAL PERMITS);. §1'39 -32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. M r 0 3 7 r 09031'7 - TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508- 228 -7215 FAX 508 -228 -7205 Assessor's Map 60.2.1 14 "D" Street Parcel 1 L.C. Plan 3092 -T, Lot 87A R -2 including Parcel 18 L.C. Plan 3092 -R, Lot 104 Cert. of Title 18,283 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, June 9, 2000, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of SUSAN D. WHITE; of 12 Blanchard Road, Nantucket, MA 02554, Board of Appeals File No. 043 -00, the Board made the following Decision: 1. Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw §139 -33A (alteration /expansion of a pre - existing nonconforming use /structure). Applicant proposes to expand an existing about 104 square -foot "bunk house" structure by constructing an addition of about 316 square feet for a total ground cover of the new bunk house to be about 420 square feet. The addition would expand the one (1) small bedroom and add a bathroom without coming any closer to the southwesterly side yard lot line than the existing structure, and would be sited at about eight (8) feet from that lot line. The Locus is nonconforming as to lot size with the Lot containing about 14,668 square feet of area in a district that requires a minimum lot size of 20,000 square feet; as to side yard setback with the single - family dwelling being sited at about 3.4 feet at its closest point from the westerly side yard lot line and with the bunk house being sited at about 2.67 feet at its closest point from the southwesterly side yard lot line in a district that requires a minimum side yard setback of ten (10) feet. The Premises is located at 14 "D" STREET, MADAKET, Assessor's Map 60.2.1, Parcel 1, Land Court Plan 3092 -T, Lot 87A, including Parcel 18,-and Land Court Plan 3092 -R, Lot 104. The property is zoned Residential -2. 2. The Decision is based upon the Application and material submitted with it and the testimony and evidence presented at the hearing. The Planning Board made no recommendation as the matter was not of planning concern. There was one (1) letter on file from a predecessor -in -title (Applicant's mother) of,the subject property which stated that she had bought the property in May of 1975. At that time, there was a principal single -- family dwelling and a "small cottage ... had electricity but no plumbing" which they "continued to use ... as a bedroom 090317 _ for guests and grandchildren ". There was no opposition expressed at the hearing. 3. Applicant represented that she has continued to use the bunk house consistently as a bedroom for overflow guests since the time the title passed to her. Applicant further represented that through discussions with a previous owner of the property, it was learned that the bunk house was constructed in 1968 for use as an extra bedroom for guests at a point about 2.67 feet from the southwesterly side.yard lot line, during a time that pre -dated the enactment of the Zoning Bylaw, thus the structure is validly grandfathered as to use and location. Applicant proposes to construct an addition onto the bunk house that would be no closer to the southwesterly side yard lot line that the existing structure, but begin at a point that is about eight (8) feet from the southwesterly side yard lot line and would extend in a northeasterly direction away from that lot line. As part of the renovation, a new foundation would be constructed under the existing portion of the bunk house, thus raising the roof ridge height within the setback area, while keeping that part of the structure intact. The structure would continue to contain one (1) bedroom, but a bathroom and siting area would be added, with no kitchen facilities. Though Applicant is arguably allowed to have a secondary dwelling on the Premises, which would require placement of a kitchen facilities, she prefers to leave it as a guest bedroom only. 4. The Board expressed concern about the placement of the bunk house, especially in light of the fact that the structure would have to be raised up to put the foundation under it. The issue was raised as to -what would prohibit the structure from being moved entirely out of the required ten -foot side yard setback area to allow the existing bunk house and addition to meet the requirements. Applicant agreed to move the bunkhouse outside of the setback area to a point northeasterly of the current location. 5. Therefore, the Board finds that the construction of the addition onto the pre - existing nonconforming bunk house would not be substantially more detrimental to the neighborhood than the existing nonconforming structure, provided that the structure be moved entirely outside of the required ten -foot side yard setback area. There would be a benefit to the neighborhood in that the structure would then meet the setback requirements and provide more separation between the subject structure from the structure located on the lot immediately adjacent to it to the east. 6. Accordingly, upon a UNANIMOUS VOTE, the Board GRANTS the requested SPECIAL PERMIT under Nantucket Zoning Bylaw §139 -33A to allow the expansion of a bunk house structure from about 104 square feet to a total of about 420 square feet upon the following condition: - The bunk house shall meet all setback requirements, i.e., be moved entirely outside of the southeasterly required ten -foot side yard setback area. e (043-00) Dated: August Asp 2000 RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 AUG 2 5 2000 .a. .ter.. 090317 William Hourihan, Jr. 0J Michae J O'Mara C D. Ne Par nt Dale W. W Nancy Sevr'efts ' � :S' •' .tor 2.•y a:`:+ v ' ' j. /6-1--too Town of Nantucket Zoning Board of Appeals RECEIVED BOARD OF ASSESSORS SEP 18 2014 TOWN OF NANTUCKET MA LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER...... � ........................... ............... . ........... MAILING ADDRESS........ PROPERTY LOCATION ...........I... 4....! ..... ............................... ASSESSOR MAP /PARCEL.. Go'. ......... .......l .. T SUBMITTED BY.. tfl�.�!l.........���1lll l.� ................... ............ ..... 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)• ASSESSOR'S OFFIC TOWN OF NANTUCKET 1 i 7 WHW 4 U i H i I z N s 0 0 ;1 a 4) 0 a ri m C >4 0.4 W H 0 0 0 0 W w El El z z z z m N E F H x x F W mW S x H W m WZ m H H H m m N w w�y m N N m ,Za m m a m m m m F a U m m A W W W W 3� [1 w CI 77H.a U� 3 U Q U Fla H IfAC U tD H O O m N O N N Of N O N N m m N N N n !T N t0 tp H N Ill tO H H N N N H � m d' m N m N H I I d' C O O N f•'1 C p N V� a} r O O H 0 N m p tp Q Ifl Ill N m t+l 'i 1l7 N fn N Ifl O .i O N 0 Ill N m OI Ill u1 Ill m Ilf o O u1 N o u1 Ifl al ry t0 H N m U1 N N Ill N N 0 N 0 O N b N 0 0 N M N N N N 0 H H 0 0 0 0 0 0 0 0 O m 0 0 0 0 0 a H P �F�.77 El WH[.7 WHW ��H,77 �HW7 E z q H WEW E�-7 11 x z F N x Ou m O x x u u z a z p p u m o z u m z m z gz o u z p o !ElEC rz HC ra HC QOJ IH-j rEZ� -I rzF� W E N F E (� W7 O H u H 0 ti F w CG W IPWG z Z z m z LO 07 C9 z z z 0 Z Y N H H W E, O rn q� wG7 m z ? aq w a a a z a m r ul LG m F W HU' N r E N m Pi z N ,FI WFW 111 t0 r rn O ,7a ti n m rn p O H F Y. m rn m a k k U x x H p Q O H rC H H k k O H u F m H O k O k O m 0 0 a z H H m m o a o m H O O m m m W m A O O O x x O rl o 0 p O PI s a a O i N ui H ' r ti N h U a a H m a a H S � m m N W z N z OU F K U twit tW9 H a m a i W q W W7 H q IIy s a E U O E H .4� [ 0 O O O 0 U F U U U U U In w H 5 H H H IrC� m U W W w W z U m O H E W H W E w a m H � kkGkkk�tlllll w U x a w �a a u a s z w o zE-' P m w a EA W [ F� F 2 [.i7. z m H �yz mWy7 q z a F H O m W x O tHi F lwi H 2 N W W a a El m � � x w � � � o H) z � oa �a H N t'1 C It) tp n N N M v Ill m tp N Q tp m M N N N N N N N N N N N N N N N N N N N N N O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 FL r M O N ID O N 1, 4) Im ro a 6021 6021 6024 BARTLETT FRANKLIN ETAL TRS OBRIEN ANDREW & SONJA LYMAN THEODORE P TRST ETAL PO BOX 777 212 POISSANT JOE2K0 CHOATE HALL STEWART LLP NANTUCKET, MA 02554 SUTTON, QC . P 0 BOX 961989 BOSTON, MA 02196 -1989 6021 ARNOLD LLOYD W & BERTHA PO BOX 895 NANTUCKET, MA 02554 6021 MARTIN NANCY A PO BOX 792 NANTUCKET, MA 02554 6021 6021 9 E STREET LLC MACKAY WRAY E & FRANCES M TRS C/O VOGEL & CO C/O ECKMAN MARGARET 685 POST ROAD 12 ARBUTUS RD DARIEN, CT 06820 SWAMPSCOTT, MA 01907 6021 6021 4 AMIGOS LLC MOONEY MICHAEL E TRST 3 KENILWORTH LANE C/O NUTTER MCCLENNEN & FISH LLP RYE, NY 10580 155 SEAPORT BLVD BOSTON, MA 02210 6021 GRIEDER WILLIAM E & RUTH E TRS THE MADDEQUET NOMINEE TRUST 15 BIRCH TREE ROAD FOXBORO, MA 02035 6021 HITHER CREEK LLC 14 WITHE PASS BURLINGTON, CT 06013 -1546 6021 BROOKS ALITA 18 WASHINGTON AV NANTUCKET, MA 02554 6021 CHALKE MARY E 7DST NANTUCKET, MA 02554 6021 MERRITHEW PAUL B P 0 BOX 120 AMHERST, NH 03031 6021 BARTLETT FRANKLIN ETAL TRS PO BOX 777 NANTUCKET, MA 02554 6021 JEMISON SUSAN C ETAL 615 WYOMING AVE WYOMISSING, PA 19610 6021 ROGERS STEPHEN H C/O ARTHUR PASE- HEMMINGWAY & 60 STATE ST BOSTON, MA 02109 6021 MULVIHILL HEATHER B 3700 EAST WILLIAMETTE LANE GREENWOOD VILLAGE, CO 80121 6024 1 TENNESSEE STREET LLC 11 NORTH MAIN STREET NORWALK, CT 06854 6024 WHELDEN NEAL B 328 MADAKET ROAD NANTUCKET, MA 02554 6024 STOLTE ROGER F & PATRICIA TRS C/O STOLTE ROGER PO BOX 2858 NANTUCKET, MA 02584 6024 RAY BONNIE S 10CST NANTUCKET, MA 02554 7 yc�9paRAi' TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 ' � ir : r_' 1 "8 Date: December 18, 2014 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 60 -14 Current Owner / Applicant: SUSAN S. WHITE and LINDSAY WHITE, TRUSTEES of the SUSAN S. WHITE REVOCABLE TRUST u /d /t June 7, 1991) 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 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 60.2.1, Parcel 1 14 D Street, Madaket Village Residential DECISION: Certificate of Title No. 21705 Lot 104, LC Plan No. 3092 -R Lot 87 -A, LC Plan No. 3092 -T 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, November 13, 2014, at 12:00 P.M., 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of SUSAN S. WHITE and LINDSAY WHITE, TRUSTEES of the SUSAN S. WHITE REVOCABLE TRUST (uldlt June 7, 1991), 12 Blanchard Road, Cambridge, MA 02138, File No. 60 -14: 2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 16.C(2) or, in the alternative, relief by Variance pursuant to 139 -32 from the side yard setback requirement in Section 139 -16, in order to validate the unintentional setback intrusion of an existing bunkhouse sited approximately 9.64 feet from the rear yard lot line in a zoning district which requires a ten (10) foot rear yard setback. The Locus is an undersized lot of record, having approximately 14,742 square feet of lot area in a zoning district that requires a minimum lot area of 20,000 square feet. Locus is pre- existing nonconforming as to ground cover ratio, having 10.9% where a maximum of 10% is allowed, as to frontage having 50.52 feet of frontage where 100 feet of frontage is required, and as to rear yard setbacks with the bunkhouse being sited as stated above and the main dwelling being sited 3.4 feet from the rear yard lot line where a ten (10) foot setback is required. The Locus is situated at 14 D Street, is shown on Nantucket Tax Assessor's Map 60.2.1 as Parcel 1, as Lot 104 on Land Court Plan 3092 -R and as Lot 87- A on Land Court Plan 3092 -T. Evidence of owner's title is registered as Certificate of Title No. 21705 in the Nantucket County District of the Land Court. The site is zoned Village Residential (VR). 3. Our Decision is based upon the application and accompanying materials and representations and testimony received at the public hearing. 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. 2 4. Attorney John B. Brescher represented the applicant. Attorney Brescher explained that the Applicants are requesting Special Permit relief in order to validate the unintentional setback intrusion on the property. The Locus, 14 D Street, is an undersized lot of record, having approximately 14,842 square feet in a zoning district that requires a minimum lot size of 20,000 square feet. The Locus is improved with an existing dwelling and bunk -house that was the subject of Zoning Board of Appeals Special Permit No. 043 -00. The existing structures are nonconforming with respect to rear yard setbacks and ground cover. The primary dwelling is approximately 3.4 feet from the rear yard setback in a zoning district that requires a ten (10) foot rear yard setback. However, this structure predates the adoption of the Zoning Bylaw and is deemed a grandfathered structure as was determined in Zoning Board of Appeals Special Permit No. 043 -00. The bunk- house, which was originally approximately 2.67 feet from the southwesterly setback received Special Permit relief in order to renovate and re -site the structure outside of all setbacks (see condition 6 of said Special Permit decision). However, after the new location of the bunk -house was staked and sited, a survey determined that the structure is sited approximately 9.64 feet from the side yard setback in a zoning district that requires a ten (10) foot rear yard setback. The structures are also nonconforming with respect to ground cover ratio, having a ground cover ratio of approximately 10.9% in a zoning district that requires a ground cover ratio of approximately 10 %. However, at the time of the renovation and addition to the bunk- house, the property was zoned R -2 which allowed for a ground cover ratio of 12.5 %. Therefore, the ground cover ratio is a preexisting nonconforming because the up- zoning created this nonconformity when the property was rezoned to Village Residential (VR). Accordingly, the applicants are requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 16.C.(2) to validate the siting of the bunk -house because the unintentional setback intrusion was based upon a reasonably licensed survey after 1990 and is less than five feet into the rear yard setback. Furthermore, as the structure was moved out further from the lot line per Zoning Board of Appeals Decision No. 043 -00, the burden of correcting this intrusion outweighs any benefit to an abutter of eliminating said intrusion. In the alternative, the Applicants are requesting Variance relief pursuant to Section 139- 32 from the intensity regulations in Section 139 -16 to validate the siting of this existing bunk- house. 5. Therefore, because said intrusion was based upon a reasonably licensed survey after 1990 and is greater than five (5) feet from the rear yard setback, granting relief would be in harmony with the purpose and intent of the zoning bylaw and, furthermore, 3 the burden of correcting said intrusion outweighs any benefit to an abutter because the intrusion may be considered de minimis. 6. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board GRANTS Special Permit relief pursuant to Bylaw Section 139- 16.C(2) for the unintentional setback intrusion of the as -built bunk house as shown on a plan entitled, "Plot Plan of Land in Nantucket, MA ", dated March 31, 2000, prepared by John J. Shugrue, Inc. and further certified by Paul J. Santos, PLS on June 11, 2014, attached herewith as "Exhibit A ". ;$I.CJNATltJRE,PACF,E ,TQ .FQ.LLQ.W. 4 Assessor's Map 60.2. 1, Parcel 1 14 D Street, Madaket Village Residential Dated: Dectmw t�, , 2014 Certificate of Title No. 21705 Lot 104, LC Plan No. 3092 -R Lot 87 -A, LC Plan No. 3092 -T AUIN" ichael J. 'Mara Susan McCarthy in Koseatac Michael Angelastro COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss On the day of QCQ.WI IL, 2014, before me, the undersigned notary public, personally appeared tA f c►I,Al.6 n , 0 ' Q YQ. , 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. U Offici Signature and Seal of Notary Public My commission: D. VOLLANS Notary Public ,:; Cesmr,1e- ,nWeali�a of mossachusetts 5 My commission Expires December 28, 2018 0 3 in a Q 0 z 0 U 0 v 0 0 N 0 0 Q 0 0 0 0 m 0 N V) 0 1 ER ool- NZ�N 0 Z LOT 87A 9,300 S.F. OF- BANK 2 STAIRS Nu ZN G u; DHCB 1 •COQ �. DHCB 'gyp 0 DESK EXISTING \ DWELLING LOCATED ON LOT 87A PREDATES ZONING BYLAWS EXISTING DWELLING 1,167 S.F. !!= DHCBl% t �vp Z3�`) X56 LOT 104 GRAVE s� �p A �p DRIVE IP DHCB 5,442 S.F. EXISTING WELL BURIED SW 0.31' DWELLING 0 PROPANE ^435 S.F. T 0 a1�3 SEE SPECIAL PERMIT #043 -00 L.C. DOC. #90317 r- `'� D: 2� CURRENT ZONING] VR XZONE R -2 AT TIME OF PERMIT X15 MINIMUM LOT SIZE, 20,000 S.F. 9�► MINIMUM FRONTAGE, 100 FT TO THE BEST OF MY KNOWLEDGE FRONT YARD SETBACK, 20 FT AND BELIEF THIS PLOT PLAN IS REAR & SIDE SETBACK, 10 FT SUBSTANTIALLY CORRECT AS NOTED IP ALLOW. GROUND COVER RATIO, 10% HEREON. PLAN UPDATED BY SW 0.22' NANTUCKET SURVEYORS, LLC, FILE WEXIST. GROUND COVER RATIO, 10.9%± NS 6 i D ELLING ADDED (CORNERBOARD) PAUL J. SANTOS, PLS PAUL J. PLOT PLAN OF LAND IN NANTUCKET, MA SAN�T'IR SCALE, 1'= 30' THE STRUCTURES NO. 3.124 ARE LOCATED DATES FMARCH 31, 2000 AS SHOWN ss +o�p4 - Sua+, JOHN J. SHUGRUE, INC. 57 OLD SOUTH ROAD JOHN J. SHUGRUE PLS DATEiNARCH 31, 2000 NANTUCKET, MA 02554 FOR, SUSAN D. WHITE MAP 60.2.1 PARCEL NO. 1 #5406ABS I"EXHIBIT A" -2