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Home My WebLink About068-14 10 Mayhew Road/ o24apN7UC/�F.T�9N C- N 9p�RAI TOWN OF NANTUCKET . BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 0254 Date: November 14, 2014' To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No 56 -14 Current Owner /Applicant: JAMES GEORGAKLIS, Trustee of OAK BLUFF REALTY TRUST 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 66, Parcel 523 Book 1105, Page 338 46 Somerset Lane shown as Lot 17A Residential -20 (R -20) Plan No. 2007 -62 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, October 9, 2014, at 12:30 P.M., 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of JAMES GEORGAKLIS, Trustee of OAK BLUFF REALTY TRUST, 17 Old Farm Road, Dover, Massachusetts 02030, File No. 56 -14: 2. Applicant is requesting Special Permit relief from the ten (10) foot side yard setback requirement pursuant to Zoning Bylaw Section 139 -16.A. in order to site two side -by -side air conditioning units no closer than 7.7 feet from the southern side yard lot line. The ten (10) foot side yard setback requirement may be reduced to five (5) feet by Special Permit pursuant to Section 139- 16.C(1). The Locus is situated at 46 Somerset Lane, is shown on Nantucket Tax Assessor's Map 66 as Parcel 523, and as Lot 17A on Plan No 2007 -62. Evidence of owner's title is recorded at Book 1105 Page 338 on file at the Nantucket County Registry of Deeds. The site is zoned Residential — 20 (R -20). 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 was a letter of support from a direct abutter and no opposition, written or oral, to the application. 4. As presented to the Board, the Owner and Applicant, James Georgaklis, explained that he was denied a Certificate of Occupancy for work performed under Building Permit No. 349 -12 due to the installation of two air conditioning units within the 10 -foot side yard setback. The Applicant has complied with the requirement to remove the units and comes before the Board to request relief in order to be able to place the units back in the desired location, to be sited no closer than 7.7 feet from the southerly side yard lot line. In all other respects the property is conforming to the dimensional requirements of the Zoning By -law. 5. Therefore, after a discussion with the Applicant, the Board finds that such a Special Permit for the relief sought by the Applicant pursuant to Nantucket Zoning Bylaw Section 139 - 16.C(1), which allows for a grant of relief to reduce the ten (10) foot rear yard setback to five (5) feet in the R -20 zoning district, may be granted. The relief applies specifically to allowing the siting of two side -by -side air conditioning units no closer than 7.7 feet from the side yard lot line. In addition, a grant of relief would be consistent with similar relief granted to several properties located within the R -20 zoning district by this Board. The relief would be restricted such that 2 applicant would require additional relief from this Board should any further alteration/expansion be proposed within the ten -foot side yard setback area. 6. Accordingly, by a UNANIMOUS vote of the sitting Board, the Zoning Board of Appeals GRANTS the requested relief by SPECIAL PERMIT to allow the siting of two side -by -side air conditioning units that would come no closer to the southerly side yard lot line than 7.7 feet. Relief is conditioned upon the following: a. There will be no further alteration or construction within the side yard setback area of ten (10) feet without further relief from the Board of Appeals; and b. The air conditioning units shall be sited in substantial conformity with the plan entitled "Proposed Conditions Site Plan to accompany ZBA Application; #46 Somerset Lane ", dated September 15, 2014 and prepared by Craig A. Field, P.L.S., attached herewith as "Exhibit A ". SIGNATURE PAGE TO FOLLOW Assessor's Map 66, Parcel 523 46 Somerset Lane Residential -20 (R -20) Dated: N OVf. WL(3,2014 Nantucket, ss Book 1105, Page 338 Lot 17A Plan No. 2007 -62 J� k Lisa Botticelli , Mark Poor Geoffrey Thayer COMMONWEALTH OF MASSACHUSETTS On the day of V OV'C�— , 2014, before me, the undersigned notary public, personally appeared Li S a a'i'd" i C LL 1 , one of the above -named members of the Zoning Board 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. Of AZ� Z� jZXLLq:::: Notary Public: My Commission Ex * ``, - D. OLLANS Notul y Public ''r"'onweaith of Massachusetts "'r COMMissi�;-n Expires Decr_tn5er 28, 2018 a t N °a g - o 0 a0 r Z LLJ � � O :� VN O = a N O Ld o; rc G O Y m L< - L G. O cn z¢ UJ _ m o Q O> k 1 N N V `a Al 3 1 Qv vl o o ° a V) Q O Z m l oD W ZN a W J D FQU •\ c HJYOM o z a ya x� o vv)i U JJrn moGi S a ° 43.89' 'Pill O S 06.1038� E 137.73' N W N a ul m vi om "W O W K Q i H ? J m Kw 4 a° I O N'-'I"I.N ° / z yW h ~{�\ N O a x m I ` a J ¢ I a ° •�''` k '166 °o- W I a A z W w / a AVOID to / cn ykk�ti < I z z z °\ o U V W �I Z OD N m WO I K z N O Ofn OO Y o N.p+� TNV O W J O0 < Z I tlI = N N N c� n g F O = r CQ O vj O < tL O \ O O C W cn aZ0 W (wJ Zl p OK *60 C►/ Z Q (A Z N W H O F x J W Li O < m 0. w L Li �N N n N Z NdLi \\ 22.3' z. I\ iV I I iv ao V ZZ O «� w W W < S2 6 W W= W W W Z Z V V V, < O O OWC7 Z , V/ < 'o Z = N N O � � o w F- O W 0: O 14.1' w� "� O� _ W W Z N O F_ O W � OC N Z \ N J r Na 19.1' . Iy I 00° 13 OC O a' JW z w Z O Y z W O ~ J 2 V ( < f w� 14.1 •oi 22.3' z a V J < N V F [L UJ W U- 0.5, Um W z O �/ Z o I 2�sS 3 w� o^ _ gJ OC •� o� m ¢a \ JJT I a w N a =3• ° 1/ •tea a3 p=Za �Qw o / a jdS J Wei \ o w Jac V ° 3J03H N�.09'S1'W 124.74' — zz" VJp _ _ E DGE OF PAVEMENT w NDg'09'51-W 111.11' Ln °N V) LANE J Z v) ZN V)O SOMERSET �� PAVEMENT a ma m -- -- — —w Fee: $450.00 Zoning Board of Appeals N V 14 2U14 I RECEIVED CD TOWN OF NANTUCKET M BOARD OF APPEALS' NANTUCKET, MA 02554 �- r.7 r APPLICATION File No. - Lily Owner's name(s): Joanne Collins Smee and Timothy Smee c/o Patricia A. Halsted, Attorney Mailingaddress: 4 North Water StrPPty Nantucket, MA 09554- Phone Number: 508-228 -0444 Applicant's name(s): Same Mailing Address: Phone Number: E -Mail: patricia(aha 1 GtPr81 ao�, com E -Mail: 10 Mayhew Road 924/213 Locus Address: Assessor's Map /Parcel: Lot 147 Land Court Plan /Plan Book & Page /Plan File No.: L.C. Plan No. 5004-D Deed Reference /Certificate of Title: 21,893 Zoning District LUG 3 Uses on Lot- Commercial: None X Yes (describe) Residential: Number of dwellings 1 Duplex _ Date of Structure(s): all pre -date 7/72 Building Permit Numbers: 13 9 0 6- 9 6 or 1997 Previous Zoning Board Application Numbers: N/A Apartments 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* i 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:—/—/— 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 ADDENDL7M The applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 16(C)2 from the provisions of Zoning Bylaw Section 139 -16.A. Applicant is seeking to validate unintentional setback intrusions on the southerly side and easterly side of the property. Neither intrusion is greater than five feet into a required yard and not closer than four feet from the lot line. The Locus is situated at 10 Mayhew Road, is shown on Nantucket Tax Assessor's Map 924, Parcel 213, is shown as Lot 147 on Land Court Plan No. 5004 -D at Nantucket Registry District. Evidence of owner's title is set forth on Certificate of Title No. 21,893 at Nantucket Registry District. The site is zoned LUG 3. Amt tee- 4Q So tA E p�N RpSEN81�,T'i Uk .o 2 fi Z O fiN N O� 2 a 0 Z n ,�-I °LOT 147 5000 SF �k (re 0., + a Aor� h cl� aa�k ty o O 0 2 sty w/f 'op a dwelling/ O, 11.0' 'ti } NOTES: 1.) LOT DOES NOT CONFORM TO CURRENT ZONING REQUIREMENTS I� WITH RESPECT TO MINIMUM LOT SIZE AND MINIMUM FRONTAGE. 2.) DWELLING DOES NOT CONFORM TO CURRENT ZONING REQUIREMENTS WITH RESPECT TO FRONT AND SIDE YARD SETBACKS CURRENT ZONING: LUG -3 MINIMUM LOT SIZE:120,000 SF MINIMUM FRONTAGE: 200 FT FRONTYARD SETBACK:35 FT SIDE AND REAR SETBACK: 20 FT (10 FT FOR LOT OF RECORD) ALLOWABLE G.C.R.: 3% EXISTING G.C.R. :21.6 %± ALLOWABLE G.C.: 1500 FT EXISTING G.C. :1080 SF ± FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN RELIES ON CURRENT DEEDS AND PLANS OF RECORD, VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON, THIS PLAN IS NOT REPRESENTED TO BE A TITLE EXAMINATION OR A RECORDABLE SURVEY. 10 5 .O +k ,6 P °r °I 10 S} 50,00 I HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE THAT THE PREMISES SHOWN ON THIS PLAN ARE LOCATED WITHIN THE X ZONE (areas outside 0.27. annual chance flood plain) AS DELINEATED ON THE "FIRM" OF COMMUNITY NO, 250230, MASSACHUSETTS. EFFECTIVE: JUNE 9, 2014, BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY, N. B. 17/21 1 drtve,Hoy ROA /D RE c1- C� a o 4P�'zY B �� R09ERT'q�. ' A. N. EMACK No.377W Q MORTGAGE INSPECTION PLAN IN NANTUCKET, MASSACHUSETTS SCALE: 1"=20' DATE: OCT 23, 2014 DEED REFERENCE: LC CERT.# 21893 PLAN REFERENCE: LC PL 5004 —D ASSESSOR'S REFERENCE: MAP: 92.4 PARCEL: 213 PREPARED FOR: MICHAEL SUTKA & TRACY HAGERT SUTKA EMACK SURVEYING, LLC 2 WASHAMAN AVENUE NANTUCKET, MA. 02554 (508) 325 -0940 J -1258 Fl D tx CJ T So �{ 1016' l(iT U? - — 3A00 SF. 10.57' iujsE 33.26' L082 S.F. deck __------ - -1;=c — — 3525'- \ I fb n1 0 1 1" o f 01 l^ f00A0' I WANOMA WAY aka AUM71C Bf1ULLVAR➢ NO i Es L (IT OF RECORD GROUND COVER 1500 S.F. SME & REAR SETBACK 10' TIIE STRUCTURES ARE LOCATED AS SHOWN W R41 3 �pKt+ .! IIFI SHUG�t E PLS � i3ATE _3Uh1C 27, 1997 ASSESSORS' MA 92.4 ZONING1LUG -3 MINIMUM LOT SIZE1 120,000 S.F. MINIMUM FRONTAGEt200 FT FRONT YARD SETBACK135 FT REAR & SIDE SETBACK120 FT GROUND COVER RATIO-37 PLOT PLAN OF LAND IN NANTUCKET, MA SCALE, 1'= 20' DATEi JUNE 27, 1997 JOHN J. SHUGRUE, INC. 57 OLD SOUTH ROAD NANTUCKET, MA 02554 FOR, STEVEN BACKUS RCEL HO. 213 #5161 . 32otl�ANTUC/� -FT�9 L 11 AAjf TOWN OF NANTUCKET R,�CEI`IED BOARD OF APPEALS 18 3 NANTUCKET, MASSACHUSETTS 02554.;;�v;;�r r�:L 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: 68 -14 Current Owner / Applicant: JOANNE COLLINS SMEE & TIMOTHY SMEE 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. E eanor 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 92.4, Parcel 213 10 Mayhew Road Limited Use General 3 (LUG -3) DECISION: Certificate of Title No. 21893 Land Court Plan No. 5004 -D Lot 147 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, December 11, 2014, at 1:00 P.M., 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the application of JOANNE COLLINS SMEE and TIMOTHY SMEE, c/o Patricia A. Halsted, Attorney, 4 North Water Street, Nantucket, Massachusetts 02554, File No. 68 -14: 2. Applicant is requesting Special Permit relief pursuant to Zoning Bylaw Section 139 - 16.C(2) to validate an unintentional setback intrusion of portions of the dwelling by reducing the front yard setback requirement from 35 to 33.7 feet and the side yard setback requirement from 20 feet, or 10 feet for a lot of record, to 5.6 feet. In the alternative, Applicant requests Variance relief pursuant to Zoning Bylaw Section 139 -32 for a waiver from the setback requirements in 139 -16.A. The Locus is an undersized lot of record situated at 10 Mayhew Road, is shown on Assessor's Map 92.4 as Parcel 213, and as Lot 147 on Land Court Plan 5004 -D. Evidence of owner's title is recorded at Certificate of Title No. 21893 on file at the Nantucket County District of the Land Court. The site is zoned Limited Use General 3 (LUG -3). 3. Our decision is based upon the application and accompanying materials, and 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 was no opposition, written or oral, to the application.. 4. Applicant was represented by legal counsel at the hearing who stated the single- family dwelling at issue was constructed in 1996 pursuant to a validly issued Building Permit (No. 13906 -96), and subsequently the owner applied for and received a Certificate of Occupancy issued the same year (Certificate of Occupancy No. 13906 -97). However, the siting of the steps on the easterly (side) and southerly (front) sides of the dwelling were not shown on the As -Built submitted for the Certificate of Occupancy and have created side and front yard setback nonconformities. 5. Applicant stated that pursuant to these facts, the Applicant met the threshold criteria for the granting of special permit relief, in that the intrusions were less than five feet into the setback area and not within four feet of a lot line. 2 6. Accordingly, by a vote of four (4) in favor and one (1) opposed (Toole), the Board found that the setback intrusions in this matter were unintentional, not greater than five feet into a setback area and not closer than four feet to a lot line, that the burden of correcting the intrusions substantially outweighs any benefit to an abutter of eliminating the intrusion with Mayhew Road being the abutter to the south and Wanoma Way being an abutter to the east. Accordingly, by a MAJORITY vote, the Zoning Board of Appeals GRANTED a SPECIAL PERMIT pursuant Nantucket Zoning By -law §139- 16.C(2), validating the siting of the dwelling as shown on plan entitled "Mortgage Inspection Plan in Nantucket, Massachusetts ", prepared by Emack Surveying, LLC dated October 23, 2014, a copy of which is attached hereto as "Exhibit A ". SICK, NATT,TRE PAS E.IQ. JFQLLQW. Assessor's Map 92.4, Parcel 213 10 Mayhew Road Limited Use General 3 (LUG -3) Dated: December I z , 2014 COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss Certificate of Title No. 21893 Land Court Plan No. 5004 -D A- 0 U/ Mi6hae7J. 'Mar Geoffrey Thayer On the l day of L) t.CtM b ta-- , 2014, before me, the undersigned notary public, personally appeared 01' GYl u l z-. D ` 1'/(, a-vo— , 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. Offici Signature and Seal of Notary Public My commission expires LYNELL D. VOLLANS Notary Public Commonwealth of Massachusetts My Commission Expires December 28, 2018 92.4-254 NIF p,�N � ok z Z •2 0 NN O� Z -n G d 9� Z tZ� 50,0° LOT 147 5000 SF `k (re 0.) 2qo °h C� a @�k ty 1fl•5� �' O O 'O d A 2 sty w/f °- 0 ' dwelling k AA.v r NOTES: 1.) LOT DOES NOT CONFORM TO CURRENT ZONING REQUIREMENTS I� WITH RESPECT TO MINIMUM LOT SIZE AND MINIMUM FRONTAGE. 2.) DWELLING DOES NOT CONFORM TO CURRENT ZONING REQUIREMENTS WITH RESPECT TO FRONT AND SIDE YARD SETBACKS CURRENT ZONING: LUG -3 MINIMUM LOT SIZE :120,000 SF MINIMUM FRONTAGE: 200 FT FRONTYARD SETBACK:35 FT SIDE AND REAR SETBACK: 20 FT (10 FT FOR LOT OF RECORD) ALLOWABLE G.C,R.:3% EXISTING G.C.R- 21.6 %± ALLOWABLE G.C. :1500 FT EXISTING G.C.: 1080 SF ± FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN RELIES ON CURRENT DEEDS AND PLANS OF RECORD, VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON, THIS PLAN IS NOT REPRESENTED TO BE A TITLE EXAMINATION OR A RECORDABLE SURVEY. �pa�ch wl dt�vgwaY ai 0 crt- CJ 4' v or M\j ROAD icy A. SMACK u No. V730 Q, I HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE THAT THE PREMISES SHOWN ON THIS PLAN ARE LOCATED WITHIN THE X ZONE (areas outside 0,27. annual chance flood plain) AS DELINEATED ON THE "FIRM" OF COMMUNITY NO, 250230, MASSACHUSETTS, EFFECTIVE: JUNE 9, 2014, BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. N.B. 17/21 I"EXHIBIT A" MORTGAGE INSPECTION PLAN IN NANTUCKET, MASSACHUSETTS SCALE: 1 " =20' DATE :OCT 23, 2014 DEED REFERENCE: LC CERT,# 21893 PLAN REFERENCE: LC PL 5004 —D ASSESSOR'S REFERENCE: MAP: 92.4 PARCEL: 213 PREPARED FOR: MICHAEL SUTKA & TRACY HAGERT SUTKA EMACK SURVEYING, LLC 2 WASHAMAN AVENUE NANTUCKET, MA. 02554 (508) 325 -0940 J -1258 S,