HomeMy WebLinkAbout065-14 21 Sheep Pond RoadN
Fee: $450.00
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATIO
(Zoning 8-1-,rd of Anpl
F—m NOV 14 ZU14
RECEIVED
C-3
File No. q* co
Owner's name(s): George S. Frazza and Marie L. Frazza
Mailing address:
c/o Sarah F. Alger, P.C., Two South Water Street, Nantucket, MA 02554
Phone Number: (508) 228 -1118 E -Mad. sfa @sfapc.com
Same as above.
Applicant's name(s):
Mailing Address:
Same as above.
Phone Number: Same as above. E -Mail
Same as above.
Locus Address: 21 Sheep Pond Road Assessor's Map /Parcel:.
Land Court Plan/ o ; Plan No. 35142 -B
Muo6dbffan!xxe/Certificate of Tide: 16,963 Zoning Dis
Uses on Lot- Commercial: None X Yes (describe)
Residential: Number of dwellings 1 Duplex 0
Date of Structure(s): all pre -date 7/72
or 1976
Building Permit Numbers: 174 -75, 7769 -91, and 638 -06
Previous Zoning Board Application Numbers: None.
63/19
LUG -2
Apartments 0
0
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508 - 228 -7298 facsimile
---_7)
CJ
lA3
C-3
File No. q* co
Owner's name(s): George S. Frazza and Marie L. Frazza
Mailing address:
c/o Sarah F. Alger, P.C., Two South Water Street, Nantucket, MA 02554
Phone Number: (508) 228 -1118 E -Mad. sfa @sfapc.com
Same as above.
Applicant's name(s):
Mailing Address:
Same as above.
Phone Number: Same as above. E -Mail
Same as above.
Locus Address: 21 Sheep Pond Road Assessor's Map /Parcel:.
Land Court Plan/ o ; Plan No. 35142 -B
Muo6dbffan!xxe/Certificate of Tide: 16,963 Zoning Dis
Uses on Lot- Commercial: None X Yes (describe)
Residential: Number of dwellings 1 Duplex 0
Date of Structure(s): all pre -date 7/72
or 1976
Building Permit Numbers: 174 -75, 7769 -91, and 638 -06
Previous Zoning Board Application Numbers: None.
63/19
LUG -2
Apartments 0
0
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 certifT 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 /Attornev /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:—LL Building Dept.:—/—/— By:_
Fee deposited with Town Treasurer:—/—/— By:_ Waiver requested:
Granted:—/_/_ Hearing notice posted with Town Clerk: _ /_ /_ Mailed:_ /_ /_
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
ADDENDUM
(Nantucket Zoning Board of Appeals Application
21 Sheep Pond Road, Nantucket, Massachusetts)
The Applicant seeks a variance under Nantucket Zoning By -law s.139-
32 from the front and side yard setback requirements of s.139 -16
to allow the Applicant to move the existing single- family dwelling
as far away from the severely eroding coastal bank on the lot as
possible and, with the benefit of a license from the County of
Nantucket, within the layout of Sheep Common Road. The Applicant
previously requested and was granted emergency relief from this
Board to relocate such dwelling. The Applicant is in the process
of securing approval from the Nantucket Historic District
Commission and Conservation Commission and working out the details
of the license with the County, including the grant of a One Big
Beach easement. If not so relocated, the dwelling is in peril of
toppling over the bank.
The Locus is located at 21 Sheep Pond Road, is shown on Nantucket
Tax Assessor's Map 63 as Parcel 19, is shown on Land Court Plan
No. 35142 -B at Nantucket Registry District, and is located in the
Limited Use General 2 ( "LUG -2 ") Zoning District.
I Own ana uouniy OT IVaniuCKei
1 " =282ft
Property Information
Property ID 63 19
Location 21 SHEEP POND RD
Owner FRAZZA GEORGE S & MARIE L
C/O JOHNSON & JOHNSON COR
w l_.__.__1_._ An nn4
Ivvac111uc1 Iv, w IT
\� t l \�
lot
lot
AL-
t
y t \
t ! \
i
t t ,•`
t t
t
/ . t
t
` o O
t
� . t
\ t
t t
' � t
v
{M*1tt ut° ''
9POliA�E�, :'
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 July, 2014
t� •t
� 1
t\�
D
n�
�m
z O1
m
o�
G ti
D
➢fTN1X
c 2 z u A
z\ cc
m
nZ
A
D�
�N
N r n s n
�zAz mO
No�mx
z
n
m
y
A m X
l�DN
n
n
ti
■
.� O
O
ln�D y
'9
r
O}
mz
n
mm
p ~aeD�
zzz.n
H
v
%
z H N
OZODN
b
b
p
ao
n
z
jaw D
n
°c^y z
m
Cl
z
�
_
�
�
M
0
]�,r
�
CL
x
x
b
u4
o
�yoQP?
�a�� co
O
AS -x_1S
�
tin9
b
z r
�O�O
ny
A
z
Z
�y0
0
N
It
� N
bs°
N�
D
n�
�m
z O1
m
o�
A
y
Gl 31 TIC r (I
os'ozz 3.n
➢fTN1X
c 2 z u A
z\ cc
m
nZ
zn2
ONO §O m�
z
y N z N O?
oczi
y
A m X
l�DN
n
n
mD\
.O
z
.� O
r
O}
mz
n
{
mmr�'i is
Gnmmm�
M �rry
zzz.n
H
NccP
.N
/Opp
rA <zw
per$ my��
O Z
ao
:fl G
n
°c^y z
�
Cl
z
_
yg ca
•i 1
]�,r
CL
x
u4
o
�yoQP?
�a�� co
o6d �ti
/
AS -x_1S
�
z r
�O�O
ny
z
A y�
� rn
� N
A
y
Gl 31 TIC r (I
os'ozz 3.n
/ �
'
c 2 z u A
z\ cc
m
nZ
On
ONO §O m�
z
y N z N O?
oczi
��
10
„y`a mm
xz.. o S
mD\
.O
z
.� O
r
O}
z
{
mmr�'i is
Gnmmm�
M �rry
zzz.n
H
NccP
.N
/Opp
rA <zw
per$ my��
O Z
ao
:fl G
i
i
°c^y z
�
o
z
mi
z
z
o6d �ti
/
AS -x_1S
�
z r
�O�O
ny
z
E
aaa
'i�° 4elt
6 �
mo
~N\\Z 4+
lz�iu
;�;
�mz
i�
Z
D
z
Gl 31 TIC r (I
os'ozz 3.n
c 2 z u A
z\ cc
m
nZ
On
ONO §O m�
z
y N z N O?
oczi
��
10
„y`a mm
xz.. o S
mD\
.O
z
.� O
z
o
D
0
z
{
mmr�'i is
Gnmmm�
M �rry
zzz.n
H
z
n
z
y
o
zz
rA <zw
per$ my��
O Z
7O
N Iz
:fl G
\w
°c^y z
z
ri O;N,A
o r D°
zyS
O O.
p Or�n�i
ASS
S S
m >X
zn
=s
`�1
m
ti -1
�c�zu
I
m
t NIUC Fr
��09p
TOWN OF NANTUCKET
BOARD OF APPEALS:'
NANTUCKET, MASSACHUSETTS 02554
Date: February 20, 2015
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 65 -14
Current Owner / Applicant: GEORGE s. FRAZZA & MARIE L. FRAZZA
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;2r e,-''L
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.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
2 FAIRGROUNDS ROAD
NANTUCKET, MA 02554
Assessor's Map 63 Parcel 19
21 Sheep Pond Road
Limited Use General 2 (LUG -2)
DECISION:
Certificate of Title 16963
Land Court Plan 35142 -B
Lot 2
1. At a public hearing of the Nantucket Zoning Board of Appeals, opened on December 11,
2014, continued on January 22, 2015, and closed on February 12, 2015 at 4 Fairgrounds Road,
Nantucket, Massachusetts, the Board made the following decision on the application of George
S. Frazza and Marie L. Frazza, c/o Sarah F. Alger, P.C., Two South Water Street, Nantucket,
Massachusetts 02554, File No. 065 -14:
1. Applicants are seeking Variance relief pursuant to Nantucket Zoning Bylaw Section 139-
32 from the intensity regulations in Section 139 -16, in order to eliminate the front and side yard
setback requirements. Applicants propose to move an existing single - family dwelling away from
the eroding coastal bank through a reconfiguration of the existing lot with additional land for use
by the Applicants by virtue of a pending license agreement with the County of Nantucket.
Specifically, the dwelling may be relocated across property lines and within the layout of Sheep
Pond Road, so as to maximize the distance between the structure and the eroding coastal bluff.
The combined land will be used as a single lot for zoning purposes and the Licensed Areas will
establish adjusted boundaries within the layout of Sheep Pond Road. Applicant was recently
granted a Temporary Permit pursuant to Zoning Bylaw Section 139 -26.H in order to allow for an
emergency relocation of the dwelling which is threatened by severe coastal erosion. The Locus is
situated at 21 Sheep Pond Road, is shown on Assessor's Map 63 as Parcel 19, and as Lot 2 on
Land Court Plan 35142 -B. Evidence of owner's title is recorded at Certificate of Title No. 16963
on file at the Nantucket County District of the Land Court. The site is zoned Limited Use
General 2 (LUG -2).
2. The Decision is based upon the Application and the 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. One abutter expressed opposition at
the December 11, 2014 hearing and in a subsequent letter to the Board.
3. Applicant was represented by Attorney Sarah Alger at all three hearings. Jeffrey
Blackwell, Professional Land Surveyor, was present at the January 22nd and February 12th
hearings to explain the alternative Concept Plans. The Locus, shown as Lot 2 on Land Court Plan
35142 -B, is an undersized lot of record said to contain approximately 58,309 square feet (as
shown on a 1991 Plot Plan prepared by John J. Shugrue, P.L.S.) in the LUG -2 zoning district
2
which has a minimum lot area requirement of 80,000 square feet. The existing Locus consists of
a 1,620 square foot dwelling, and has a current lot area of approximately 46,275 square feet.
At the Zoning Board of Appeals hearing on November 13, 2014, the owners were granted a
Temporary Permit pursuant to Zoning Bylaw Section 139 -26.H in order to allow for an
emergency relocation of the structure on the premises which is threatened by severe coastal
erosion. Although this enabled the dwelling to be moved out of immediate danger, the Applicant
has returned for Variance relief to allow the relocation of the structure to an area partially within
the county layout of the road, for which a License from the Board of Selectmen was granted, and
partially on or over the north and east lot lines, therefore resulting in side and front yard setback
encroachments. This Board has granted Variances in similar cases and under similar
circumstances for structures endangered by coastal erosion.
4. At the initial hearing on December 11, 2014, the attorney presented "Concept Plan of
Land" showing the relocation of the structure to the northeastern corner of the lot and partially
within a Proposed License Area. This option would place the dwelling 127 feet from the top of
the coastal bank. Board Members heard concerns expressed by an abutter. Irean Schreiber, owner
of 22 Sheep Pond Road directly across the road from the Locus, spoke in opposition to the
proposed siting of the relocated structure. She specifically objected to moving the dwelling to a
site right at the end of her driveway and to the potential for the structure to become taller by
virtue of being placed on stilts. She raised additional concerns about cleaning up the beach and
completing removal of wires, tubes, and other debris related to the relocation. As a result of these
concerns, the Board requested that applicant work on a compromise Concept Plan and asked the
attorney and surveyor to develop other options to be shown on plans which would plot the
Schreiber driveway and distances from the re- located structure to the Schreiber home.
5. At the second hearing on January 22, 2015, the attorney and surveyor presented two
plans. "CONCEPT Plan #1 ", preferred by Applicant, places the relocated structure 110 feet from
the top of the coastal bank and 110 feet from the Schreiber home. "CONCEPT Plan #2 ", an
alternative in response to the abutter's concerns, places the relocated structure 92 feet from the
top of the coastal bank and 127 feet from the Schreiber home. The attorney noted the dramatic
erosion caused by the most recent storms. As shown in the alternative plan, the effect of siting
the house thirty (30) feet to south results in an overall loss of about eighteen (18) feet, or 20% of
what they are trying to gain.
"CONCEPT Plan #1" shows the septic system just south of the house, whereas it is just north of
the house and slightly further from the water in the alternative plan. The Board discussed at
length the optimal location of both the septic system and the house. The Board noted that
moving the house closer to the Schreibers' driveway would involve jeopardizing a septic system
necessarily sited closer to the eroding coastal bank — thus rendering the house uninhabitable.
Consequently, the Board requested that the surveyor formulate another solution to optimize the
three pronged objective of 1) saving the house; 2) saving the septic system; and 3) addressing
the abutter's concerns about proximity to her driveway.
6. At the third and final hearing on February 12, 2015, the attorney and surveyor returned
with slightly modified versions of previously submitted plans and an additional plan in response
3
to the Board's concerns about optimizing the siting of the house and septic system to maximize
both the efficacy and durability of the relocation while acknowledging the abutter's stated
concerns. "CONCEPT Plan #3" places the relocated structure 98 feet from the top of the coastal
bank and 118 feet from the Schreiber home. After discussion with the applicant, the Board
found "CONCEPT Plan #3" to be the most suitable option of all presented as it would most
comprehensively address the three above - referenced objectives.
7. Therefore, based upon the foregoing, the Board determined that a grant of Variance relief
from the setback provisions in By -law Section 139 -16 to allow the relocation of the single - family
dwelling as described above meets the requisite criteria. The Board specifically finds that due to
the topography of the lot, the proximity of said eroding coastal bank endangering this Property,
lack of sufficient area outside of the 50 -foot no disturb buffer required by the Conservation
Commission to site the dwelling outside of the required front and side yard setback requirements,
and to soil conditions, with the sandy soil of the beach and the underlying soil of the lot
potentially becoming unstable where the structure is currently sited, that a literal enforcement of
the provisions of Section 139 -16.A of the Nantucket Zoning Bylaw would involve substantial
hardship, financial and otherwise, to the Applicants and that relief would be in harmony with the
general purpose of the Zoning Bylaw and may be granted without substantially derogating from
the intent of the Bylaw. In view of the unique circumstances affecting this lot and not generally
affecting the zoning district within which the lot is situated, there are sufficient grounds upon
which to base a grant of variance. In addition, the Board recognizes that the collaboration
between the Applicants and the Town and Country of Nantucket has led to a creative solution to
the otherwise intractable problem of severe coastal erosion. The addition of the Licensed Areas
and the elimination of setback requirements to the extent necessary will enable the Applicants to
relocate the structure and to maximize the distance between the endangered structures and the
eroding coastal bluff. Given the unique circumstances affecting this lot and not generally
affecting the zoning district within which the lot is situated, the relief granted and described in
this paragraph will allow the location of the structure to be over the existing lot line and to
straddle the lot and the Licensed Areas. For the purposes of zoning and the relief granted in this
decision, the Licensed Area shall be considered part of the lot.
8. Accordingly, by a UNANIMOUS vote of the four (4) sitting Board members, the Zoning
Board of Appeals made the finding that the requested VARIANCE relief, pursuant to Nantucket
Zoning Bylaw Section 139 -32 from the intensity regulations in Nantucket Zoning Bylaw Section
139 -16, could be granted, based upon the unique circumstances affecting this lot and not
generally affecting the zoning district within which the lot is situated, to allow the Applicants to
relocate the existing structure on the Locus away from the eroding coastal bank and into portions
of the Licensed Areas within the layout of Sheep Pond Road upon the following conditions:
(a) The relocation shall be done in substantial compliance with the plan entitled "Concept
Plan #3 in Nantucket, MA ", prepared by Blackwell & Associates, Inc., dated February
11, 2015, a reduced copy of which is attached hereto and marked as "Exhibit A";
(b) There will be no change in grade which would result in the height of the structure,
currently at 29.1 feet, being in excess of thirty (30) feet pursuant to Bylaw Section 139 -
17.A.
$AC.i YA:.T..M..P.AGE .T.Q. FQLLQW.
4
Assessor's Map 63 Parcel 19
21 Sheep Pond Road
Limited Use General 2 (LUG -2)
DATED: February �4 , 2015
County of Nantucket, ss
Certificate of Title 16963
Land Court Plan 35142 -B
Lot 2
ZdA
Lisa B icelli ��y fy✓k -�
Brim Kos atac
eoffrey Thayer
COMMONWEALTH OF MASSACHUSETTS
On the �b - ay of V1/a , 2015, before me, the undersigned notary public,
personally appeared i Q yjo_r ( v -(—bc)tt, , 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.
o� n.La v (1dUA0— -
Offici4l Signature and Seal of Notary Public
My commission expires:
!L LYNELL D. VOLLANS
Notary Public
W CommonNotar of Massachusetts
My Commission Expires
December 28, 2018
5
J
m
� ffi
d
w
� N
mZU'�
� U
2
w�
°a
�a
�j
� U
� N
\\ WIm
f
�x\5J ARE
5�
U
N0WZ
W J
Y �
p�M
ry J O
hl� ry
Az
Q J W
p U
4A1
I"EXHIBIT A"
0
F
p
O
za
o Qed
of
y00 U
U
a
Z
0
\w
a
¢4b
O
/ / c
Y
wi
yti. • �,rBF do / / `c�
r-
.0
Z.
a
��
pp
m
aO
/yam
GA
(''�•�
w
°a�
q�rc
x
sum
Q A
�
Z�
Z
di
��
'•1-) ky
m
OU0
<
F
L)a
Y
U
Rn,
h
f
GUQ
�WFQN
�y 2jo
a
�
a
/
U
JJ N
iii
ri
of
N
ry
l
V
N p N
I�� M
^
V
y
< w
//
ono
�zN
Quo%
ti O
OQyV
OOP
(�
z
V
U
O F
Z Z
U XWw
N a Z W
/
'Zo
W
/
/•
,p6�
oGPJ�,��"
M
0
F
p
O
za
o Qed
of
y00 U
U
a
Z
0
\w
a
¢4b
O
/ / c
Y
wi
yti. • �,rBF do / / `c�
L) 9
�
��
�y�K'W00 PRO
GA
(''�•�
w
O
x
sum
Q A
�
Z�
Z
di
��
'•1-) ky
m
OU0
<
F
L)a
Y
U
Rn,
h
f
�y 2jo
a
�
z
/
iii
ri
of
N
ry
l
V
v 0=
^
V
y
< w
//
ono
Quo%
ti O
0
F
p
O
za
o Qed
of
y00 U
U
a
Z
0
\w
a
¢4b
O
/ / c
Y
wi
yti. • �,rBF do / / `c�
O
'o R W
L) 9
�
��
�y�K'W00 PRO
GA
(''�•�
C�U••�
iL
� •K
Q A
v�
��
'•1-) ky
r 1�1�
U to
F
Rn,
h
f
O
'o R W
�y�K'W00 PRO
�
(''�•�
��
'•1-) ky
r 1�1�
U to
F
Rn,
h
f
�y 2jo
o
Z
iii
ri
of
N
ry
l
V
^
V
y
< w
//