HomeMy WebLinkAbout064-14 27 Appleton RoadFee: $450.00
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NOV 12 2U74
RECEIVED
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554 M
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APPLICATION C
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File No.
Owner's name(s): Jivko and Anna Kalpazanov
Mailing address: 27 Appleton Road, Nantucket, MA 02554
Phone Number: 508 - 221 -3855 E -Mail: -jivko@jtn-landscal2eservices.com
Applicant's name(s): Same
Mailing Address: Same
Phone Number Same E -Mail Same
Locus Address: 27 Appleton Road Assessor's Map /Parcel: 66-401
Land Court Plan /Plan Book & Page /Plan File No.: Lot 8, LC Plan #13554 D
Deed Reference /Certificate of Title: 22590 Zoning District R -10
Uses on Lot- Commercial: None X Yes (describe)
Residential: Number of dwellings 1 Duplex Apartments
Date of Structure(s): all pre -date 7/72 or 1989
Building Permit Numbers:
Previous Zoning Board Application Numbers None
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.
SIGNATU
Owner*
SIGNATURE: Applicant
Jivko K4zanov
*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:—L/— 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Continued to:_ /_ /— Withdrawn:—/—/— Decision Due By:—/—/—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:_ /_ /_
F-l%IGI0111L7il
Applicants are seeking relief by Special Permit pursuant to Zoning By -law Section 139 -16
(Intensity Regulations), specifically Section 139 -16C (1) (Additional requirements and
exceptions for yards), to reduce the southerly side yard setback from ten (10) feet to five (5)
feet. Applicants propose to construct an attached garage to their single - family dwelling to
expand the interior living space on the second floor to add a bedroom for their growing family.
The Lot is now nonconforming as to northerly side yard setback with the dwelling being sited as
close as about 9.3 feet from that lot line, due to the change in the zoning requirement from five
feet (5) to ten (10) feet in 2012. However, the Lot is conforming in all other respects and would
remain so after construction, should relief be granted for the southerly side yard reduction in
setback requirement.
Section 139- 16C(1) states:
The Board of Appeals may grant a special permit to reduce the ten -foot
side yard setback in R -5 and the ten -foot side and rear yard setback in R -10,
SR -10, R -20 and SR -20 to five feet.
When the Applicants purchased the Lot on April 27, 2007, the mixed -use area around Appleton
Road was zoned Residential - Commercial -2. The zoning was changed by a vote of the 2012
Annual Town Meeting in Article 44 to R -10 to reflect the primarily residential use of the west
side of Appleton Road. There are also several commercial properties that use Appleton Road as
the primary point of access that are benefitted by the five -foot side and rear yard setback
allowance. The side yard setback minimum requirement under RC -2 was five (5) feet; the
minimum side yard setback in R -10 is ten (10) feet. Applicants had intended to add onto the
house during the time the Lot was zoned RC -2, but were unable to do so until the present. Most
of the area had been developed by 2012 and many homes, including the immediate abutters to
the north and the south, were sited closer than ten (10) feet from a side yard lot line. There is
no other location on the lot to site the attached about 510 square -foot garage. The R -5 and the
RC -2 zoning districts still exist directly across the street from this Lot with both allowing a
minimum side yard setback of five (5) feet.
Such relief has been granted within the immediate area and a grant of relief for these
Applicants would be consistent with multiple cases of similar prior relief granted in the R -10
zoning districts around the Mid - island area. A grant of relief would be in harmony with the
general purpose and intent of the Zoning By -law and a allowing a five -foot side yard setback
would not create a situation that would be out of character for the neighborhood. A suggested
condition would be no further construction would take place within the required five -foot
southerly side yard setback area without further relief from this Board.
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Property Information
Property ID 66 401
Location 27 APPLETON RD
Owner KALPAZANOV JIVKO V & ANN
MAP FOR REFERENCE ONLY
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Property ID 66 401
Location 27 APPLETON RD
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MAP FOR REFERENCE ONLY
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FRONTYARD SETBACK: 20 FT.
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ALLOWABLE GROUND COVER: 25%
EXISTING GROUND COVER: 10.2% f
PROPOSED GROUND COVER: 15.2% f
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RECEIVED
BOARD OF ASSESSORS
NOV 10 2014
TOWN OF
Town of Nantucket NANTUCICT, MA
Z.onine Board of Anneals
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER. livko Kalpazanov
.......... ...............................
MAILING ADDRESS.. 27 Appleton Rd. Nantucket, MA 02554
..............
27 Appleton Road
PROPERTY LOCATION ................................... ...............................
ASSESSOR MAP/PARCEL Map 66 1Pa—1 401
SUBMITTED BY... S RD
............................. ...............................
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 I I and Zoning Code Chapter 40A, Section 139 -29B
(2).
O
D,ATIJ ASSESSOR'S OFFICE
TOWN OF NANTUCKET
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F,EGE D
9poAAi�� TOWN OF NANTUCKET
BOARD OF APPEALS _. N CLERK
NANTUCKET, MASSACHUSETTS 02554
Date: December 31, 2014
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 64 -14
Current Owner / Applicant: JIVKO V. KALPAZANOV & ANNA KALPAZANOV
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 401 Certificate of Title No. 22590
27 Appleton Road Land Court Plan 13554 -D
Residential-10 (R -10) Lot 8
DECISION:
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 JIVKO V. KALPAZANOV and ANNA KALPAZANOV,
27 Appleton Road, Nantucket, Massachusetts 02554, File No. 64 -14:
2. Applicants are seeking relief by Special Permit pursuant to Zoning By -law Section 139 -
16.C(1) to reduce the southerly side yard setback from ten (10) to five (5) feet. Applicants
propose to construct a garage addition, attached to the single - family dwelling, to be sited as close
as 5.5 feet from the southerly side yard lot line. Due to the change in the setback requirement
from five (5) feet to ten (10) feet as a result of a change in zoning from Residential Commercial
2 to Residential 10 in 2012, the locus was rendered pre- existing nonconforming as to side yard
setback with the dwelling being sited as close as 9.3 feet from the northerly lot line. However,
the lot is conforming in all other respects, as shown on plan entitled, "As -Built Plot Plan in
Nantucket, Massachusetts ", dated November 10, 2014 and prepared by Nantucket Surveyors
LLC, attached herewith as "Exhibit A ".
The Locus is situated at 27 Appleton Road, is shown on Assessor's Map 66 as Parcel 401, and
as Lot 8 on Land Court Plan 13554 -D. Evidence of owner's title is recorded at Certificate of
Title No. 22590 on file at the Nantucket County District of the Land Court. The site is zoned
Residential Ten (R -10).
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 no opposition, written
or oral, to the application.
4. As presented to the Board, the Owner and Applicant, explained that he is seeking a
waiver from the intensity regulations in By -law Section 139 -16.A. Pursuant to Section 139 -
16.C(1), "The Board of Appeals may grant a special permit to reduce the ten foot side yard
setback in R -S and the ten foot side and rear yard setback in R -10, SR -10, R -20, and SR -20 to
five feet. When the Applicants purchased the lot on April 27, 2007, the mixed -use area around
Appleton Road was zoned Residential - Commercial-2. The zoning was changed to R -10 by
approval of Article 44 at the 2012 Annual Town Meeting to reflect the primarily residential use
of the west side of Appleton Road. There are also several commercial properties that use
2
Appleton Road as the primary point of access which benefit from the five -foot side and rear yard
setback allowance. The side yard setback minimum requirement under RC -2 was five (5) feet;
the minimum side yard setback in R -10 is ten (10) feet.
Applicants had intended to add onto the house during the time the lot was zoned RC -2, but were
unable to do so. Most of the area had been developed by 2012 and many homes, including the
immediate abutters to the north and the south, were sited closer than ten (10) feet from a side
yard lot line. The R -5 and the RC -2 zoning districts still exist directly across the street from this
lot with both allowing a minimum side yard setback of five (5) feet.
Applicant stated that there is no other suitable place to build this a 510 square foot addition
which consists of a residential garage with a bedroom above. Access to the bedroom will be from
the interior of the existing second floor. The garage will be used for dry storage of vintage
motorcycles and cars for personal use. No work will take place inside the garage.
5. Therefore, after a discussion with the Applicant, the Board finds that 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 -10 zoning district, may be granted. The relief applies specifically to allowing the
construction of a residential garage addition to be sited no closer than 5.5 feet from the southerly
side yard lot line and would be restricted such that no further construction would take place
within the required five -foot southerly side yard setback area without further relief from this
Board. The Board further found that such a grant of relief would be consistent with similar relief
granted to several properties located within the R -10 zoning district by this Board and would be
in harmony with the general purpose and intent of the Zoning By -law.
6. Accordingly, by a UNANIMOUS vote of the sitting Board, the Zoning Board of Appeals
GRANTS the requested relief by SPECIAL PERMIT pursuant to Nantucket By -law Section 139 -
16.C(1) to allow the construction of a garage, attached to the pre- existing nonconforming single -
family dwelling, to be sited as close as 5.5 feet from the southerly side yard lot line. 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;
b. The proposed addition shall be constructed in substantial
conformity with the plan entitled "ZBA Exhibit Plot Plan in
Nantucket, Massachusetts ", dated November 10, 2014 and
prepared by Nantucket Surveyors LLC, attached herewith as
"Exhibit B ".
SIGNATURE PAGE TO FOLLOW
3
Assessor's Map 66, Parcel 401
27 Appleton Road
Residential -10 (R -10)
Dated: Df CWT to 31,2014
Nantucket, ss
Certificate of Title No. 22590
Land Court Plan 13554 -D
Lot 8
,WF:.
Michael Angelastro
COMMONWEALTH OF MASSACHUSETTS
On the V"" day of DtCt,Wll¢t V , 2014, before me, the undersigned notary public,
personally appeared L 5&_ , o+f-i ut i , 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.
t/�.C.C.0 r) �•
Notary P41ic:
My Commission Expires LYNELL D. VOLLANS
W Notary Public
Commonwealth of Massachusetts
My Commission Expires
December 28, 2018
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CURRENT ZONING: R -10 =pr`
MINIMUM LOT SIZE: 10,000 S.F.
MINIMUM FRONTAGE: 75 FT. S
FRONTYARD SETBACK:: 20 FT.
SIDE AND REAR SETBACK:;:10 FT.
ALLOWABLE G.C.R.: 25 Vb
EXISTING G.C.R.: 10.2% t
FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN
REUES ON CURRENT DEEDS AND PLANS OF RECOkD,
VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON.
1"EXHIBIT A"
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AS —BUILT PLOT PLAN
IN
NANTUCKET, MASSACHUSETTS
SCALE:]`=20 DATE: 11/10/14
DEED REFERENCE:L,GCE-R-r 22590
PLAN REFERENCE: F:3;�5_�
ASSESSOR'S REFERENCE:
MAP:7_E6:_--. PARCEL:
PREPARED FOR:
JIVKO V. KALPAZANOV &
ANNA KALPAZANOVA
NANTUCKET SURVEYORS LLC
5 WINDY WAY
NANTUCKET, MA. 02554
—10562
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CURRENT ZONING: R -10
MINIMUM LOT SIZE: 10,000 S.F.
MINIMUM FRONTAGE: 75 FT.
FRONTYARD SETBACK: 20 FT.
SIDE AND REAR SETBACK: 10 FT.
ALLOWABLE GROUND COVER: 25%
EXISTING GROUND COVER: 10.2% f
PROPOSED GROUND COVER: 15.2% f
FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN
RELIES ON CURRENT DEEDS AND PLANS OF RECORD,
VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON.
N.B.329
1"EXHIBIT B"
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ZBA EXHIBIT PLOT PLAN
IN
NANTUCKET, MASSACHUSETTS
SCALE:!'' =20` DATE: 11/10/14
DEED REFERENCE:L.CCE-R-1- 22590
PLAN REFERENCE: ?� 135547D
ASSESSOR'S REFERENCE:
MAP: -�G PARCEL:.. 461 .:
PREPARED FOR:
JIVKO V. KALPAZANOV &
ANNA KALPAZANOVA
NANTUCKET SURVEYORS LLC
5 WINDY WAY
NANTUCKET, MA. 02554
-10562