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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. 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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. 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