HomeMy WebLinkAbout07-16 3 Swayze DriveFee: $450.00
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
FE1312016�;��; s
"l'own & County Building
'16 Broad St
Nantucket, MA 02554
File No. 0 144
Owner's name(s): William H. Ranney and Lori A. Ranney
Mailing address: 12401 Bobbink Court, Potomac, MD 20854
Phone Number: 508 - 228 -0771 E -Mail: John @gliddenandglidden.com
Applicant's name(s): Same
Mailing Address:
Phone Number: 508 - 228 -0771 E -Mail: John @gliddenandglidden.com
Locus Address: 3 Swayze Drive Assessor's Map /Parcel: 66/153
Land Court Plan : Lot 74, LC Plan No. 2933 -L, Sheet 2
Deed D e fei!ejae,, /Certificate of Title: 25935 Zoning District: R -10
Uses on Lot- Commercial: No Yes (describe)
Residential: Number of dwellings: 1 Duplex Apartments
Date of Structure(s): 1984
Building Permit Numbers:
Previous Zoning Board Application Numbers: N/A
State below or attach a separate addendum of specific special permits or variance relief
applying for:
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:
*If an Attorney or other
a signed proof of age
Owner*
/fit*
is representing the Owner or the Applicant, please provide
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Continued to:_ /_ /_ Withdrawn:_ /_ /_ Decision Due By:—/—/—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 Owners /Applicants, William H. Ranney and Lori A. Ranney (hereinafter
referred to as "Ranney ") are the owners of 3 Swayze Drive ( "the Premises ") by virtue of
Certificate of Title No. 25935. Applicants are requesting Special Permit relief pursuant
to Nantucket Zoning Bylaw Section 139- 16.C.(1) to reduce the side yard setback from
ten (10) feet to five (5) feet. In the alternative, the Applicants are requesting Variance
relief pursuant to Nantucket Zoning Bylaw Section 139 -32 from the intensity regulations
in Section 139 -16 to validate the air conditioning unit sited approximately 6.4 feet from
the side yard lot line.
The Premises, an oversized lot in the R -10 zoning district, contains a preexisting
nonconforming structure. Said structure was constructed, and received a Certificate of
Occupancy, in 1984 when the Premises was zoned RC -2. At the time of said
construction and the granting of said Certificate of Occupancy, the side yard setbacks in
the RC -2 zoning district were five (5) feet. The structure was constructed in accordance
with said requirements and is was sited 5.7 feet from the Northeasterly side yard lot line
and 7.78 from the Southeasterly lot line. When the property was re -zoned to R -10, the
structure was thereafter rendered pre- existing nonconforming.
Recently, an air conditioning unit was installed by the predecessor in title and was
sited approximately 6.4 feet from the Southeasterly side yard lot line. Said air
conditioning unit replaced a propane tank on the property. Nonetheless, said air
conditioning unit is in violation of the R -10 setback requirements.
As a remedy, the Applicant is requesting Special Permit relief pursuant to
Nantucket Zoning Bylaw Section 139- 16.C.(1) in order to reduce the ten (10) foot side
yard setback to five (5) feet in order to correct this intrusion.
In the alternative, the Applicant is requesting Variance relief pursuant to
Nantucket Zoning Bylaw Section 139 -32 from the intensity regulations in Section 139 -16
in order to validate the location of said air conditioning unit.
In such an instance, Special Permit relief may be granted to reduce the easterly
side yard setback from ten (10) feet to five (5) feet because such a reduction would be in
harmony with the purpose and intent of the Bylaw because this intrusion would have
been allowed had the property remained RC -2 and not re zoned to R -10.
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Property Information
Property 66153
ID
Location 3 SWAYZES DR'-
Owner LACERTE GHISLAINE C TRST
MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
Town and County of Nantucket, MA 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, 2014
Properties updated January, 2015
NOTES'
1. OWNER: PETUNIA FORREST GRANT REALTY TRUST
2. DEED REF: Cert. of Title # 25858
3. PLAN REF: L.C. Plan # 28933 -L (Lot 74)
4, EXISTING HOUSE SUBJECT TO PROTECTION UNDER
ZONING BYLAW 139 -33.
SWAYZES
uj
rrW^^
vJ
W
rrO
vJ
#2 SWA YZES DRIVE
MAP 66 PARCEL 165
S 490935" E
CBDH - 75.00'
SCALE
FOUND
@ .
(TYR)
> •°
IN CONNECTION WITH A NEW MORTGAGE AND IS NOT
O U
60 80
J
INTENDED TO REPRESENT A PROPERTY LINE SURVEY. I
O � o
Drawn By:
l U
�V O
#3 SWAYZES DRIVE
BEI /ERC /DLH
#7 SWA YZES DRIVE
(tel) 508.833.0070 (tel) 508.325.0044
MAP 66 PARCEL 152
a y
AMG
Vwr = =ee o.o.ms : \eaweer \s.ema orK \a s,en« �r�.. \a s.anea Ofiw - AIPP.ewg
PLAN ARE NOT LOCATED IN A SPECIAL FLOOD HAZARD
Q r
I
A/C UN /T
1 inch = 40 feet
N o
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R-10
0 0
1
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d N
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P�ItiQP
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DRIVE
S 490935 " E
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h
PORCH
EX /ST/NG
HOUSE
PA
41
5 ry MAP 66
PARCEL 153
0 20" OOOf s f.
DECK
0
0
O
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6
A/C UN/ T
6.4'
PROPANE
TANKS
h
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tiR
�o
QL
100.00'
N 49 09:35 "" W #128 SOMERSET ROAD
#126 SOMERSET ROAD MAP 66 PARCEL 534
MAP 66 PARCEL 151
1 HEREBY CERTIFY THAT THE ABOVE PLOT PLAN WAS
PREPARED FOR:
WELLS FARGO
PLAN
SCALE
MORTGAGE PLOT PLAN
IN NANTUCKET, MASSACHUSETTS
Date:
1 -8 -16
Scale:
IN CONNECTION WITH A NEW MORTGAGE AND IS NOT
0 8 16 24 32 40
60 80
120
INTENDED TO REPRESENT A PROPERTY LINE SURVEY. I
WELLS FARGO
Drawn By:
BUZZARDS BAY, MA 02532 NANTUCKET, MA 02554
#3 SWAYZES DRIVE
BEI /ERC /DLH
CERTIFY THAT THE STRUCTURES AS SHOWN ON THIS
(tel) 508.833.0070 (tel) 508.325.0044
MAP 66 PARCEL 153
(fax) 508.833.2282 www.brackenong.com
AMG
Vwr = =ee o.o.ms : \eaweer \s.ema orK \a s,en« �r�.. \a s.anea Ofiw - AIPP.ewg
PLAN ARE NOT LOCATED IN A SPECIAL FLOOD HAZARD
AREA AS SHOWN ON THE F.E.M.A. FLOOD INSURANCE
1 inch = 40 feet
RATE MAP No. 25019C- 0088 —G, dated 06/09/2014.
ZONE:
R-10
1
�}10F �yss9cy,14,
REQUIRED
EXISTING
o
LOT AREA:
10,000 s.f.
20,0001 s. f.
P
o ALAN M. GRADY
FRONTAGE:
75'
100'
L) No. 37732
FRONT YARD:
20'
59.7'
P 4Z7
oT�sSF�STE
SIDE YARD:
10'
5.7'(See Note #4)
'o
REAR YARD: 10' 81.7'
GROUND COVER: 25%/(MAX) 10.4% (2 "075f s.f)
PROFESSIONAL AN SURVE/YfDR
MORTGAGE PLOT PLAN
IN NANTUCKET, MASSACHUSETTS
Date:
1 -8 -16
Scale:
Prepared for:
AS SHOWN
49 HERRING POND ROAD 19 OLD SOUTH ROAD
WELLS FARGO
Drawn By:
BUZZARDS BAY, MA 02532 NANTUCKET, MA 02554
#3 SWAYZES DRIVE
BEI /ERC /DLH
ec e y:
(tel) 508.833.0070 (tel) 508.325.0044
MAP 66 PARCEL 153
(fax) 508.833.2282 www.brackenong.com
AMG
Vwr = =ee o.o.ms : \eaweer \s.ema orK \a s,en« �r�.. \a s.anea Ofiw - AIPP.ewg
I LJAN 1
Town of Nantucket
Zoning Board of Appeals
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER .......!,..�...........- .."!!+.�...!.!'...�.........
MAILING ADDRESS.... laqu ��O I!!�.. �� �� ..I..!'�'..
.... f. ........
PROPERTY LOCATION.............. , ti... trh .........................
ASSESSOR MAP/PARCELt-� .... �!6. /!.. � ..... ...............................
SUBMITTED BY ............. X.. t..G,l4 � ........ ...............................
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 1 I and Zoning Code Chapter 40A, Section 139 -29B
(2)•
'lee
DATE ASSESSOR'S OFFICE
TOWN OF NANTUCKET
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Nantucket Islands Land Bank Walter P. Schalk Robert & Barbara Maier
22 Broad Street PO Box 272 335 Essex Street
Nantucket, MA 02554 Wilton, CT 06897 Salem, MA 01970
Rebecca Mason & Robert Hickman
118 Somerset Road
Nantucket, MA 02554
John Fones, et al
64 Staples Road
Easton, CT 06612
Lawrence Martin III, Tr.
Big Score Nominee Trust
23 Lambert Ridge
Cross River, NY 10518
Chris & Carmen Carey
11 Swayze's Drive
Nantucket, MA 02554
Mark & Laurel Godfrey
36R Vestal Street
Nantucket, MA 02554
David Cantrell
3 Henderson's Drive
Nantucket, MA 02554
Robert & Karen Swenson, Jr.
2 Crystal Lane
Millis, MA 02054
Trinity Land & Sea Partners LLC
10397 West Wesley Place
Lakewood, CO 80227
Eric & Carolyn Harthun
128 Bristol Road
Wellesley, MA 02481
Marilyn Denardo, Tr.
Marilyn R. Denardo Revoc Tr
241 Meshanticut Valley Pk
Cranston, RI 02920
Gary & Geraldine Derr
PO Box 635
Nantucket, MA 02554
Ellen Huggins & Nancy Ryder, Trs.
Grant Family Nominee Trust
5 Henderson's Drive
Nantucket, MA 02554
2 West Miacomet Road Realty Trust
c/o David Long
10 Strawberry Hill Street
Dover, MA 02030
Ghislaine Lacerte, Tr
Petunia Forrest Grant RT
PO BOX 2
West Hyannisport, MA 02647
Michael & Karen Molta
9 Swayze's Drive
Nantucket, MA 02554
Anne Cicerrella, Tr.
6 Swayze's Drive
Nantucket, MA 02554
Stephen Lamb & Sharon Cranston
1 Henderson's Drive
Nantucket, MA 02554
Paul Shuttleworth, et al
PO Box 814
Nantucket, MA 02554
Raymond Ruffino, Tr. Robert & Karen Swenson, Jr. John Bonistalli & Robyn St. Clair
Ruffino Family Rev Trust c/o Neville Ruth Anne 275 Nahanton Street
86 Alexander Drive 128 1/2 Somerset Road Newton, MA 02459
Tuxedo Park, NY 10987 Nantucket, MA 02554
TOWN OF NANTUCKET
iOW11
Town & County Building
16 Broad St
NentUcket, MA 02554
,A i 6 a �; GW v L 2
K : f_ __
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: March 10, 2016
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 07 -16
Current Owners /Applicant: WILLIAM H n ANNEY AND LORI A. RANNF
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 153
3 Swayze Drive
Residential -10 (R -10)
DECISION:
Certificate of Title # 25935
Shown as Lot 74
Land Court Plan 28933 -L
1. At a public hearing of the Nantucket Zoning Board of Appeals, held on Thursday,
February 11, 2016, at 1:00 P.M., 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made
the following decision on the application of WILLIAM H. RANNEY AND LORI A. RANNEY,
12401 Bobbink Court, Potomac, Maryland 20854, File No. 07 -16:
2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw
Section 139- 16.C.(1) to reduce the side yard setback from ten (10) feet to five (5) feet. In the
alternative, the Applicant is requesting Variance relief pursuant to Section 139 -32 from the
intensity regulations in Section 139 -16 to validate the air conditioning unit sited approximately
6.4 feet from the side yard lot line. The Locus is situated at 3 Swayze Drive, is shown on
Assessor's Map 66 as Parcel 153, and as Lot 74 upon Land Court Plan No. 28933 -L. Evidence of
owner's title is registered at Certificate of Title 25935 on file at the Nantucket County District of
the Land Court. The site is zoned Residential 10 (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. No opposition, written or oral, was
presented at the hearing.
4. Attorney John Brescher, representing the Applicant, described the existing conditions on
the premises. The applicant is seeking Special Permit relief pursuant to Section 139- 16.C.(1) to
reduce the side yard setback from ten (10) feet to five (5) feet. In the alternative, the Applicant is
requesting Variance relief from the intensity regulations in Section 139 -16 to validate the air
conditioning unit sited approximately 6.4 feet from the northeasterly side yard lot line.
5. The Locus is an oversized 20,000 square foot lot in the R -10 district, where minimum lot
size is 10,000 square feet. The lot is improved with a pre- existing nonconforming structure. At
the time of construction of the original structure (1984) and the granting of a Certificate of
Occupancy (1994), the Locus was zoned Residential Commercial -2 where side yard setbacks are
five (5 ) feet. The structure was built and sited in accordance with said requirements. On a 1991
2
As -Built prepared by John Shugrue in association with approval of the 1984 New Dwelling and
the 1993 conversion of a portion of the garage into a second dwelling, the structure is shown to
be as close as 6.15 feet from the southwesterly side yard lot line and as close as 7.78 feet from
the northeasterly side yard lot line. By virtue of passage of Article 31 at the 2007 Annual Town
Meeting, the property underwent a zoning change and was placed in the R -10 zoning district,
where the side yard setback requirement is ten (10) feet. Asa result, the structure was rendered
pre- existing nonconforming.
On a 2016 As -Built survey prepared by Alan Grady, P.L.S. the structure is shown to be as close
as 5.7 feet from the southwesterly side yard lot line and as close as 6.4 feet from the
northeasterly side yard lot line. The applicant, who acquired the property on January 7, 2016,
states that the encroaching air conditioning unit was installed by a prior owner to replace a
propane tank which is not shown on the 1991 As -Built (prepared by John Shugrue), whereas
"Propane Tanks" are shown on the 2016 As -Built (prepared by Alan Grady, P.L.S.).
6. Therefore, after a discussion with the Applicant, the Board finds that such a Special
Permit may be granted for the relief sought by the Applicant pursuant to Nantucket Zoning By-
law Section 139- 16.C(1), which states:
The Board of Appeals may grant a special permit to reduce the [...J 10 foot
side and rear yard setback in [ ... ] R -10 to 5 feet.
The relief applies specifically to validating the siting of existing air conditioning unit no closer
than 6.4 feet from the northeasterly side yard lot line. In addition, a grant of relief would be
consistent with similar relief granted to several properties located within the R -10 zoning district
by this Board. The relief would be restricted such that the applicant would require additional
relief from this Board should any further alterations or expansion be proposed within the ten (10)
foot side and rear yard setback areas.
7. Accordingly, by a UNANIMOUS vote of the sitting Board, the Zoning Board of Appeals
GRANTS the requested relief by SPECIAL PERMIT pursuant to Nantucket Zoning By -law
Section 139- 16.C(1) in order to reduce the side yard setback from ten (10) feet to five (5) feet to
allow the siting of an existing air conditioning unit no closer to the northeasterly side yard lot
line than 6.4 feet. Relief is conditioned upon the following:
a. There will be no further alteration or construction
within the side and rear yard setback area of ten
(10) feet without further relief from the Zoning
Board of Appeals.
SIGNAT RE PAGE T FOLLOW
t�l
Assessor's Map 66, Parcel 153
3 Swayze Drive
Residential -10 (R -10)
s
Dated: �' ,2016
Nantucket, ss
Certificate of Title # 25935
Shown as Lot 74
Land Court Plan 28933 -L
James Mondani
COMMONWEALTH OF MASSACHUSETTS
On the day tPffrt- I " 2016, before me, the undersigned notary public,
personally appeared , 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.
Notary Public:
My Commission Expires:
U OODSON SNELL ARY PUBLIC JH OF MASSACHUSETTS Expires Sept 28, 2018