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HomeMy WebLinkAbout10-16 4 Goose Cove LaneTOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $450.00 File No. L �CO Owner's name(s): MHD Partners Real Estate, LLC Mailing address: 12 Merrill Street, Amesbury, MA 01945 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: 4 Goose Cove Lane Assessor's Map /Parcel: 59.4/30 Land Court Pla . /Pl ii Beek Q_ Page/Man U:, : Lot 894, LC Plan No. 3092 -119 Deed D ..r.. e fte„ /Certificate of Title: 25954 Zoning District: VR Uses on Lot- Commercial: No Yes (describe) Residential: Number of dwellings: 0 Duplex Apartments Date of Structure(s): Pre -2009 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: Owner* SIGNA *If an Attorney or other AgeKt 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.:-L/- By:_ Fee deposited with Town Treasurer:-/-/- By: Waiver requested: Granted:_ /_ /_ Hearing notice posted with Town Clerli:_ /_ /— Mailed:—/—/- I &M—/ —/_ & /_ /_ Hearing(s) held on:—/—/— Opened on :_ /_ /_ Continued to:_ /_ /_ Withdrawn:____ / — /_. Decision Due By:_ / —/— Made:—/—/— Filed w /Town Clerk:_ /_ /_ Mailed: — /— /_ Exhibit A The Owner /Applicant, MHD Partners Real Estate, LLC (hereinafter referred to as "MHD ") are the owner of 4 Goose Cove Lane ( "the Premises ") by virtue of Certificate of Title No. 25954. Applicants are requesting Variance relief pursuant to Nantucket Zoning Bylaw Section 139 -32 from the intensity regulations in the Village Height Overlay District in order to site a pre- existing nonconforming structure from a separate parcel on the Premises. The height of said existing structure will be approximately 25.5 feet above average mean grade. The maximum allowable height in the Village Height Overlay District is 25 feet per section 139 -12.K of the Zoning Bylaw. The Premises, an oversized lot in the Village Residential (VR) zoning district is currently vacant. The applicant intends to relocate an existing cottage at 43 Tennessee Avenue to the Premises. Said cottage received a Certificate of Occupancy in 2002 and has remained in its current location ever since. In 2009, the Village Height Overlay District was adopted and the structure, which is 25.5 feet above average mean grade, was rendered pre- existing nonconforming. The structure, upon being sited, will conform to all of the intensity regulations of the VR zoning district, including ground cover and setbacks, but will continue to be nonconforming with respect to height. The relocation has been approved by the Historic District Commission. As this structure is being relocated from one VR lot in Madaket to another VR lot in Madaket and the height of the structure is not being altered, no Special Permit relief is available to the alteration or relocation of the pre- existing nonconforming structure. However, Variance relief may be available because that owing to the circumstances of this relocation (i.e., that the preexisting nonconforming structure is being moved to another lot within the same zoning district) a literal enforcement of this chapter would involve substantial hardship to the applicant and allowing the existing structure to be relocated to the Premises will not nullify or substantially derogate from the intent and purpose of the Zoning Bylaw. ---------- ------- 71 Is :1 -n C) 713 -13 IN > OQ ---------------------------------- rW5T OK PLAN PEA51ONS: MILTON HOWILAHIS Fj 050C.UTE5 MKI PARTNFRS P-E. LL!E "-0 PATE: 0111112016 1.1i 15 'QOf -1MERUAL lvmaRr 4 Goose Cove SCAM 114" = V-C' Nantucket, MA I N a H T14 � K Ul 110 3 5 a Q H US t - IT S WQ M.22820% - ----- _---- ------ - -- --, m � i = ff I II 3 �I II I, m l I I latntnlr I r. t 111: Ilif i � II�; jj I� fl Qrz iQ I' / ?. c 1 ; EI /'� I O I _ I � I I \J I I� 2i91H{D PA.R'l[ N ERS R.IE, 1L]LC SECOND FLOOR PLAN REYi5ION5: � mum R iDr.l4'•iVD N5 DAYS: Otlil/2A76 5 C.O Y EMAIL MT S 4iuoo�eCove 5CALE:114 ro° H�1g HOMTVC�ET.rfAS5ACPIU5�T Nantucket, MA > T Emil Icl N m I rim 01 IN m r I {! ®� ` AMR m < 11' Rq --------------- j ELEVA'ACN5 KEVISION5: MILTON RO"I'LOD OMOCIOM MH PARTNERS R-E. LLC WE 4 Goose Cove SCALE: 114"=Y-O" U!", 'Nantucket, MA i 1 Ip-f I fi� C t3. i N{ �I I� ' t rw■ fi,7jJjf f ■k:�11 _ I� r ,,{.,� L ■i© , � 11 : I � tip h4,. ■r ■(0) �( �` III :� ■(•Aj �' '�i II; ■I� �� III ■■ ■■ �. �� • �■ ■CCU?, ,, flu ` ` ■■ ■■ I� ■• ,� 1 .L ■c�{ <I � i I ri. I. p ■...��, �I�llil , I �� I u.11 a ��,� ■■■ — iI ■ ■LJ � ��I�� ' , t � E� it • I: iii I� 1 I ° I I I ■i�� l; I lE I t , �� ■ ■■ � I I I I N _ I .�.I�. ELEYATION5 - 1 0111112016 �,�.. V-1" i own ana (-ounty or ivantuCKer, IMA 4 Goose Cove reloruary z, zu uo 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 'I SAI a� A Q: gas n uw r- psH R m g �Hx"° so 0 a sl' I . R z I z h U z a nab •• 6 4 t i < N r7 3u ae Cg x� t El2.b O w66U tig II LL 6 o } U O w to bl gig 'I SAI a� A Q: gas n uw r- psH R m g �Hx"° so 0 a sl' nab J2C.Y pt �axg� kffi Y aaOti QcYjZ o t Ea gig H 3 •a Y� Y� �R Y� g k Sg �� S " N i:NiiR Ea sa sl' nab pt �axg� kffi Y o t Ea gig v_ N i:NiiR Ea sa Town of Nantucket Zoning Board of Appeals RECEIVED BOARD OF ASSESSORS LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER..... � ...... . .... . .................. . ........... 1 ...... , . , ....... MAILING ADDRESS......... ....,�,.1`i.. PROPERTY LOCATION ............... ASSESSOR MAP/PARCEL......... �!,� .i, ,� ........ . ......... . ..... . . . . SUBMITTED BY . . ............. . .......V A� ...t. l� t ...... , ... , .................. . 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)• DATE 1 ASSESSOR'S OFFICE TOWN OF NANTUCKET FEB 0 12016 TOWN OF NANTUCKET, MA E W H P4 E a� W H H H F F H F F F H H H F H H F N N w w w N w w w w w w w w N w w d a w w m m S S W W w W W W W W W W W W W F H W A❑ Cd W > > > > > > > > > > > > >> ❑ A 0 w m W W n❑❑ n A g m A Q A A A q C7 6 ❑❑ n C7 0 d d >> H H H W} H H H W g W H > a a> z 7a H H g q W w w w w w w N w m m w w w ooa'�w�a�aa w�ac�waaa� c�dWddddooaa m�laadaddddaaddad p p w (�l VI VI w N w W fR N N N �/1 iE U F� V] fA i r� a a m rn U CUUS D4L4 eWE fIVC LRG WWWd C,S rrRSiit µ' [l� p. 4 14 F4 U Ol V• m ul a r N N N c 0 u1 0 l0 a I N W I m m m W N m ri ri t0 O mf` m N O m in m a a1 N r N N m n O N N N N H Q O N O V7 to `u' m ul rl rf ul O f'. o h W f� N W O N O C' UI T ri W �n 0 o O O m m r µ o' o Paa o O O .-i m 0 W Od O O d o a o 0d o Ol o o a W o N O O Oy o 0 0 0ry 0' o O` N d b U U z d V H£ �7 2 a 2 z ?�' z 2 Fy U£ U S z z z> z z U z%% S H d ❑ 14 N 0 z a o zzr� gz 4] ( � C,7 d � � ^�H 54 F+H a C7 x C7 Y. 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W a � a U F � x 3 3 O O u U U U Fl 0 a 0 0 V U W W Vi N O O O O U U b h b �o M M tl' C m m L a M O N O N rI N b a 593 593 594 BOLTON GABRIELLE V TRST ACTION SPARKS SULLIVAN TIMOTIIY C TRST 121 DUNCAN DRIVE P 0 BOX 2937 SULLIVAN REVOCABLE TRUST GREENWICH, CT 06831 NANTUCKET, MA 02584 8 STEEPLE LANE AMHERST, NH 03031 593 TRISTRAMS GROUP C/O TRISTRAMS MGMENT CO 2 SANFORD RD #5 NANTUCKET, MA 02554 593 SANDERSON GERALDINE B ETAL 117 PORCHUCK RD GREENWICH, CT 06831 593 RAMSEY WILLIAM C & ANDRIENNE F 55 NORTH STREET HINGHAM, MA 02043 593 COLLETTE MARIANNE L & DONALD F C/O JAMIE RANNEY PC 4 THIR'T'Y ACRES LANE NANTUCKET, MA 02554 593 593 WAICKOWSK PAUL S & ANTOINETTE U I GABALA. ERICA LYNNE ETAL WAICKOWSKI PAUL IRRV TRUST 39 S CAMBRIDGE ST 1 T KIRKLAND CIRCLE NANTUCKET, MA 02554 WELLESLEY, MA 02481 593 FARMEN ROBERT & SUSAN W 38 ELLIS DRIVE BASKING RIDGE, NJ 07920 593 KUCHARAVY ROBERT M ETAL PO BOX 3511 NANTUCKET, MA 02584 593 OHEARN WILLIAM J JR ETAL TRS 3968 E DESMOND LN TUCSON, AZ 85712 593 PENSCO TRUST COMPANY P O BOX 173859 DENVER, CO 80217 -3859 593 WELLS FARGO BANK NA C/O PO BOX 650043 DALLAS, TX 75265 593 STRAND BRADLEY D TRST ETAL C/O DEVINE PAUL F & TAYLOR N 56 MIACOMET AVE NANTUCKET, MA 02554 593 MADAKET CONSERVATION LAND TRUS C/O BYRNE MATTHEW V JR. 499 S WARREN ST SYRACUSE, NY 13202 594 BOGIN BETSY J 5023 S DUSTY COYOTE TRAIL GOLD CANYON, AZ 85118 594 MASSASOIT VILLAGE CONDO ASSOC C/O PAUL KEATING 44 DONALD AVE AUBURN, NH 03032 594 SMITH JANE L 206 WEST 3RD AVE JOHNSTOWN, NY 12095 594 KILBOURNE THOMAS B ETAL 41 MOUNTAIN CHURCH ROAD HOPEWELL, NJ 08525 594 BOURKE DONEYN & HAYWARD WILLIAM 6 ARKANSAS AV NANTUCKET, MA 02554 594 ALEXANDER PAMELA T 2239 ROSEGATE DR MISSISSAUGA ONTARI, . L5M5A6 594 PASSANANTE ERIK & SUSAN J 24 PLEASANT STREET DARIEN, CT 06820 594 STOTT CHARLES E & BARBARA J TRST STOTT FAMILY REALTY TRUST 42 LONG POND DR NANTUCKET, MA 02554 594 BLUEBERRY HILL TRUST C/0 KIEFER LOUIS 250 BLOOMFIELD AVE W HARTFORD, CT 06117 -1564 594 ADAGIO INVESTMENT LLC 9567 OLYMPUS BEACH ROAD BAINBRIDGE ISLAND, WA 98110 594 KILBOURNE THOMAS B ETAL 41 MOUNTAIN CHURCH ROAD HOPEWELL, NJ 08525 593 594 594 TUNCEL DOGAN & BERNADETTE D MADAK.ET CONSERVATION LAND TRUS SULLIVAN TIMOTHY C TRST 10 ANNA ROAD C/O KENNETH LINDSAY SULLIVAN REVOCABLE TRUST BURLINGTON, MA 01803 P 0 BOX 987 8 STEEPLE LANE NANTUCKET, MA 02554 AMHERST, NH 03031 ,. 594 ALEXANDER PAMELA TRST ALEXANDER FAMILY TRUST 2239 ROSEGATE DR MISSISSAUGA ONT, . L5M5A6 594 RETAINED REALTY TRUST 5 EAST 42ND STREET NEW YORK, NY 10017 594 FOGGY STYLE LLC 6 ANGELICA DRIVE SOUTHBOROGH, MA 01772 594 RAST GARY F & SYLVIA D TRST ARKANSAS AVE NOM TRUST 3216 FOWLERS LAKE RD WILLIAMSBURG, VA 23185 594 FERRIS DEVELOPMENT GROUP LLC 325 DONALD LYNCH BLVD STE 200 MARLBOROUGH, MA 01752 594 SECIA DOROTHY E 16 ARKANSAS - AVE UNIT 436 NANTUCKET, MA 02554 594 WALKER MICHAEL H & PAMELA L 45 LAKE STREET WAKEFIELD, MA 01880 594 STONE MICHAEL J & BETH D 46 UNIVERSITY ROAD BROOKLINE, MA 02445 594 MYERS SUSAN & JESSE ETAL 115 CABOT LANE EGG HARBOR, NJ 08234 594 GRANDAHL JEFFREY J 151 BUSHY HILL ROAD SIMSBURY, CT 06070 594 BAUR PETER A 135 RANVIEW AVE RAMSEY, NJ 07446 594 VANDERWOLK AMELIA B PO BOX 512 NANTUCKET, MA 02554 594 ABEND TOBY D & SUSAN W 144 UPLAND AVE NEWTON HIGHLANDS, MA 02461 594 RUTCHTK RONA TRST ETAL C/O ROWE PETER C & BETTY SANTINI 4 EMMONSDALE ROAD WEST ROXBURY, MA 02132 594 PARRISH CHRISTOPHER I & CAROLINE C PO BOX 1 VIEWTOWN, VA 20106 594 LESTER WALTER A & COURTNEY T P O BOX 3256 NANTUCKET, MA 02584 594 GOOSE COVE LLC C/O WATTS MICHAEL R & AMY C 5 STEVENS WAY HINGHAM, MA 02554 594 GOOSE COVE LLC C/0 WRIGHT WILLIAM A ETAL 15 BLUEBERRY LANE LEXINGTON, MA 02420 Town Cle; K Town & County Building 16 Broad St print Form Nantucket, MA 02554 JUN 14 2016 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 File No. 10 -16 Map 5 9. 4 Parcel 3 0 This agreement to extend the time limit for the Board of Appeals to make a decision, hold a public hearing, or to take other action concerning the application of: MHD Partners Real Estate, LLC Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act Chapter 40x1 of the 'Massachusetts General Laws, Applicant(s)/Petitioner(s) and the Zoning Board of Appeals hereby agree to extend the time limit O For a public hearing on the application 0 For a written decision O For other action Such application is: O An appeal from the decision of any administrative official O A petition for a special permit • A petition for a variance O An extension O A modification The new time limit shall be midnight on (��L� , which is not earlier than a time limit set by statute or bylaw. The Applicant (s), attorney, or agent for the Applicant represented to be duly authorized to act in this matter for the applicant, in executing this agreement w ves any rights under the Nantucket Zoning Bylaw and the State Zoning Act, as amended, to the ext ut only to the extent, inconsistent with this agreement. For For ZonfnVoard of Appeals b. 8- It j a Town Clerk Stamp: Effective Date of Agreement 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile � ¢ K fir ' 11 pi TI J C - Print For TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 File No. 10 -16 ; Map S9. 4 Parcc13 0 This agreement to extend the time limit for the Board of Appeals to make a decision, hold a public hearing, or to take other action concerning the application of: MHD Partners Real Estate, LLC Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40x1 of the Massachusetts General Laws, Applicant(s) /Petitioner(s) and the Zoning Board of Appeals hereby agree to extend the time limit O For a public hearing on the application For a written decision O For other action Such application is: O An appeal from the decision of any administrative official O A petition for a special permit QV A petition for a variance O An extension O A modification The new time limit shall be midnight on July 18, 2016 which is not earlier than a time limit set by statute or bylaw. The Applicant (s), attorney, or agent for the Applicant represented to be duly authorized to act in this matter for the applicant, in executing this agreement waives any rights under the Nantucket Zoning Bylaw and the State Zoning Act, as amended, to the extent, but only to the exte onsistent with this agreement. For. A licant (s) ,� anor W. Antonietti, Zoning Administrator For Zoning Board of Appeals July 1, 2016 Town Clerk Stamp Effective Date of Agreement 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 -228 -7298 facsimile UO(EIq CLERK RK �; {�c 7'1 Te:";/4TUC>', J tg�aa71� tJ ;� N 2016 AUG -1 PM / y��'9'°©flAZE0��1` 3' 1+7 ` TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: August 1 , 2016 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 10-16 Current Owner /Applicant: MHD Partners Real Estate, LLC 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 . Cam` 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 59.4, Parcel 30 Certificate of Title No. 25954 4 Goose Cove Way Land Court Plan No. 3092-119 Village Residential Lot 894 Village Height Overlay District DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals ("ZBA"), opened at 1:00 P.M. on Thursday, March 10, 2016, and continued to Thursday, April 14, 2016, Thursday, May 11, 2016, and closed on Thursday, June 9, 2016, in the Conference Room, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the application of MAD Partners Real Estate, LLC, 12 Merrill Street, Amesbury, MA 01945, File No. 010-16. 2. Applicant is requesting Variance relief pursuant to Zoning By-law Section 139-32 from the intensity regulations in the Village Height Overlay District (VHOD). Specifically, applicant intends to relocate an existing cottage from another property within the VHOD onto the subject premises, a vacant oversized lot. In 2009, the VHOD was adopted and the existing cottage, which is 25.5 feet above average mean grade, was rendered pre-existing nonconforming. The maximum allowable height in the VHOD is twenty-five (25) feet pursuant to Section 139-12.K(1). The structure, upon being relocated, will continue to be nonconforming with respect to height but will conform to all other intensity regulations of the Village Residential zoning district. The Locus is situated at 4 Goose Cove Lane, is shown on Assessor's Map 59.4 as Parcel 30, and as Lot 894 upon Land Court Plan No. 3092-119. Evidence of owner's title is registered at Certificate of Title 25954 on file at the Nantucket County District of the Land Court. The site is zoned Village Residential (VR) and is sited within the Village Height Overlay District(VHOD). 3. Our decision is based upon the application and accompanying materials, representations, and testimony received at our public hearings. There was no Planning Board recommendation on the basis that no matters of planning concern were presented. There was no opposition, written and oral,presented at the public hearing. 4. Attorney Richard J. Glidden represented the applicant at the initial hearing on March 10th. Attorney Glidden explained to the Board that the Owner/Applicant is requesting Variance relief pursuant to Nantucket Zoning Bylaw Section 139-32 from the intensity regulations in the Village Height Overlay District ("VHOD") in order to site a 2 pre-existing nonconforming structure from a separate parcel on the Premises. The height of said existing structure is approximately 25.5 feet above average mean grade. The maximum allowable height in the VHOD is 25 feet pursuant to section 139-12.K of the Zoning Bylaw. The Locus is, an oversized lot in the Village Residential (VR) zoning district, is currently vacant. The applicant intends to relocate an existing cottage from 43 Tennessee Avenue to the Premises. Said cottage received a Certificate of Occupancy in 2002 and has remained in its current location since that time. In 2009, the VHOD was adopted and the structure, which has a height of 25.5 feet above average mean grade, was rendered pre-existing nonconforming. The structure, upon being relocated, will conform to all of the intensity regulations of the VR zoning district, including ground cover and setbacks, but will continue to be nonconforming with respect to height. 5. The attorney explained that this structure is being relocated from one VR lot in Madaket to another VR lot in Madaket and, although the height of the structure is not being altered, no Special Permit relief is available to the alteration or relocation of the pre-existing nonconforming structure. However, Variance relief may be available owing to the circumstances of this relocation (i.e., that the pre-existing nonconforming structure is being moved to another lot within the same zoning district) whereby a literal enforcement of this chapter would involve substantial hardship to the applicant. Furthermore, Variance relief to allow the existing structure to be relocated to the Premises will not nullify or substantially derogate from the intent and purpose of the Zoning Bylaw. 6. At the close of the initial hearing on March 10th,the Board requested that the applicant submit additional information regarding Historic District Commission ("HDC") approval and had questions as to whether or not the grade had been manipulated. At the subsequent hearings on April 14th, May 11th, and June 9th, 2016 hearing, Attorney John Brescher represented the Applicant. Attorney Brescher explained that the relocation has been approved by the Historic District Commission by virtue of Certificate of Appropriateness No. 65233, as amended by COA No. 65378. Attorney Brescher pointed out that no changes to the structure are proposed as part of this application. The height of the structure is 25.5 feet and as such a de minimis difference as to the twenty five (25) feet allowed. Furthermore, this lot has a challenging shape and topography as it used to contain two tennis courts from the now defunct Island Racquet Club and is abutted by wetlands to the southwest, or rear of the lot. He reminded the Board that once a structure is relocated, it loses any pre-existing nonconforming status, and as such, requires relief by variance to validate the nonconformity in its new location. 7. At the close of the April 14th hearing, the Board asked that the applicant furnish a Topographical plan to clarify the siting of the proposed Move-On structure as well as some proof of the historical elevations. The Board expressed concerns that the applicant was "manipulating the grade" by filling the lot to bring the existing elevation six(6)up to 3 a plateau at elevation twelve (12), and in so doing, was not meeting the intent of the by- law regarding height. Pursuant to Section 139-17.A: Building and structure height is measured as the average height of all sides of a building or structure from the average mean grade to the highest point of the building and/or structure. There shall be only one highest point for each building and/or structure. No one building and/or structure side shall exceed 32 feet*. *Pursuant to Section 139-12.K describing the VILLAGE HEIGHT OVERLAY DISTRICT: The purpose of this overlay district is to establish reduced building heights in certain locations in the Country Overlay District. (1) Notwithstanding the provisions of Section 139-17, the maximum height permitted within the Village Height Overlay District shall be 25 feet. 8. At the May 11th and June 9th hearings, the Applicant provided the Board with the requested information, including an updated Site Plan showing existing topography and elevations, various plans showing historical topographical data, a letter from the surveyor, and emails exchanged between the surveyor and the Zoning Enforcement Officer ("ZEO") regarding his interpretation of how existing grade is defined in the Nantucket Zoning By-law. Attorney Brescher explained that the filling of the site was intended to more closely match the existing grade of the surrounding properties. The Surveyor further explained that the area showed clear signs of having been excavated as there was no evidence of any topsoil or subsoil in the soil pits. 9. At the final hearing on June 9th, the applicant requested a Withdrawal without Prejudice. However, after hearing testimony from the Zoning Enforcement Officer and further discussion with the applicant's attorney, the Board and the applicant made a determination that Withdrawal would ultimately result in a nonconformity being created on the Locus once the dwelling was relocated from 43 Tennessee to 4 Goose Cove Lane, and a Building Permit could not be issued for the Move-On without the granting of the necessary Variance relief. 10. The Board requested that the Zoning Enforcement Officer clarify his interpretation of"existing grade"in practice and in theory. The ZEO maintained, as he had stated in an email to the surveyor, that "existing grade" can only be read as "the grade of the property at the start of development" (or "the application process, " as it is referred to below, with "application process" being read broadly). And in this context, "start of development"means "once an application to develop a property is submitted for review. " 11. There was further elaboration on when exactly existing grade may be established from a chronological standpoint. The Board,the ZEO, and the applicant discussed whether or not the permitting process for the Goose Cove subdivision could be construed as a starting point versus the creation of the average mean grade definition of height in 1994. The Board sought to clarify the intent of the creation of the by-law as it relates to height 4 averaging. Ultimately, all parties arrived at a consensus that while the grade of a lot may undergo manipulation, the ultimate height calculation must be based on the average mean height at the time of the adoption of the Zoning Bylaw(i.e, 1994). 12. A granting of relief by Variance pursuant to Nantucket Zoning By-law Section 139-32.A requires that the Board: [...] specifically finds that owing to circumstances relating to soil conditions, shape or topography of such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this chapter would involve substantial hardship,financial or otherwise, to the petitioner or appellant, and the desirable relief may be granted without substantial detriment to the public good and without nulling or substantially derogating from the intent or purpose of such bylaw. 13. Based upon the foregoing, the Board specifically finds that owing to circumstances relating to the soil conditions, shape, and topography of the Locus and the pre-existing nonconforming nature of the structure being relocated, and especially affecting the Locus but not affecting generally the Village Residential zoning district or the Village Height Overlay District, a literal enforcement of the provisions of the By-law, and specifically Section 139-12.K, would involve substantial hardship, fmancial or otherwise, to the Applicant, and the desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this By-law. 14. Accordingly, by a MAJORITY vote (4 in favor, Toole opposed) of the sitting Board, the Board grants relief by VARIANCE pursuant to Zoning Bylaw Section 139-32 from the provisions in Section 139-12.K. to approve the relocation and siting of a pre- existing nonconforming structure from 43 Tennessee Avenue to the Locus having a maximum height of approximately 28.5 feet above finished grade, where the maximum allowable height is 25 feet pursuant to Section 139-12.K of the By-law, based upon the establishing of"existing grade" at approximately elevation six (6) circa 1994 when the definition of Height was amended in the by-law by virtue of passage of Article 55 at the 1994 Annual Town Meeting. I TU T PA F LLO 5 Assessor's Map 59.4, Parcel 30 Certificate of Title No. 25954 4 Goose Cove Way Land Court Plan No. 3092-119 Village Residential Lot 894 Village Height Overlay District Dated: ,2016 Ah Edward Too - , a "Lew rig _•.' icel i ° O. 1 / ,ichae . O'M a IAde/ 1 Kerim Kosea .i 2._____ Geoff Thayer COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss On the day of c.Ltiy 2016, before me, the undersigned notary public, personally appeared i c c ,1 i Ql 1"\dtc3 , 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 purpo•.-s therein expresses. hi j �• jg,yih_.e I DORIS C.STRANG ■ O fic'.1 Signature and Seal of NIT ary Public A4,�, W Notary Public My commission expires: � i Massachusetts 1 ° `�k Commission Expires Oct 9,2020 6