HomeMy WebLinkAbout29-16 65 Surfside RoadFee: $450.00
Town Clerk
Town & County Building
16 Broad St
Nantucket, MA 02554
TOWN OF NANTUCKET JU14 16 201
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
Owner's name(s): Hans Dalgaard
Mailing address: 65 Surfside Road, Nantucket, MA 02554
File No. � /6
Phone Number: E -Mail• hansi@nantucket.net
Applicant's name(s): (same
Mailing Address: (same)
Phone Number:_same) E -Mail• (same)
Locus Address: 65 Surfside Road Assessor's Map /Parcel: 67 -222
Land Court Plan /Plan Book & Page /Plan File No.: Book 24, Page 63, Lot B
Deed Reference /Certificate of Tide: 1054/312 Zoning District CDT
Uses on Lot- Commercial• None Yes (describe) bike rental shop
Residential: Number of dwellings 2 (single - family contains separate apartment)
Date of Structure(s): all pre -date 7/72 1963 or
Building Permit Numbers:
Previous Zoning Board Application Numbers: #046 -07, #040 -09
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:
SIGNATURE: Applicant
Owner*
*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: —/J_ 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Continued to:_ /_ /_ Withdrawn:_ /_/_ Decision Due By:_/_ /_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:_ /_/_
HANS DALGAARD
65 SURFSIDE ROAD
Road, Assessor's Map 67, Parcel 222, and is shown as Lot B, Plan Book 24, Page 63
Applicant is seeking relief by VARIANCE pursuant to Nantucket Zoning By -law Section 139 -32
from the provisions of Nantucket Zoning By -law Section 139 -16A (Intensity Regulations — yard
setback). Applicant is seeking to reduce the required northwesterly rear yard setback from 10
feet to about 6' 7" at its closest point in order to construct a duplex at the rear of the property.
The property is sited within the Commercial- Neighborhood ( "CN ") zoning district that allows
multiple dwelling units on a property. The CN zoning district also requires a rear yard setback of
10 feet with a side yard setback of five (5) and a front yard of 10 feet. The majority of the
structure would be sited outside of the required rear yard setback area of 10 feet.
Until a recent vote of Town Meeting to rezone this particular parcel, the property had been
located in the Residential - Commercial 2 ( "RC2 ") zoning district that allowed a rear yard setback
of five (5) feet. A review of the zoning map shows that this parcel is still surrounded by the RC2
zoning district with immediate abutters allowed a 5 -foot rear yard setback distance. The
structure was designed to meet the formerly required 5 -foot side and rear yard setback
requirements. The plan that was being used to design and site the house still maintained that
the property was sited within the RC2 zoning district. The area remains a mixed use commercial
and residential neighborhood.
An existing structure is sited in the easterly portion of the lot that contains a primary dwelling
and an apartment. The structure also contains a bike rental /sales business as allowed by
previous ZBA Special Permit relief. Applicant proposes to construct a duplex, each unit to have
two (2) bedrooms, to the rear of the lot that would be conforming in all respects other than the
aforementioned rear yard setback distance. The structure has been approved by the Historic
District Commission ( "HDC ") COA #65557. Through the public hearing process the Commission
requested changes and approved the new design in that location in March 2016 without
comment on the setback from the abutting properties. There was also no public comment from
abutters in opposition to the structure's design or location during that hearing process.
The Variance language contained in the Zoning By -law is as follows:
The Board of Appeals shall have the power to grant upon appeal or upon petition, with respect to
particular land or structures, a variance from the terms of this chapter where the Board of Appeals
specifically finds that owing to circumstances relating to the soil conditions, shape or topography
of such land or structures and especially affecting 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 nullifying or substantially derogating from the intent or purpose of such bylaw.
A grant of Variance relief in this instance can be supported by the following mitigating factors:
- Shape: The lot was subdivided many years ago by a predecessor in title which then
resulted in a trapezoidal shaped lot, bordered on the east by the bike path and Surfside
Road, and bordered on the north by a commercial food business (owned by the
Applicant and also in the CN), reducing options of placement of structures on the lot. As
specified in the Zoning By -law the topography of structures could also be considered.
The siting of the existing 1963 structure further limits the options of placement of other
conforming structures on the lot;
- Topography: The lot is not a flat surface. The topography map included with the packet
and marked as "Exhibit A" indicates that there is at least a 9 -foot drop from the
predominant grade bisecting the lot, with the predominant grade further dropped even
more from the level of the bike path by at least three feet on the easterly side of the lot.
The area between the existing structure and the proposed structure is a sunken area
which limits the buildable area. Both the existing and the proposed structure would be
built at the existing top grade with the sunken area located between them. Both
structures would therefore have an exposed subterranean foundation. Due to this grade
change the structure cannot be pulled any farther forward than presently sited. While
the grade throughout the surrounding area to the west and south is variable, this
particular lot appears to be the only buildable lot that is affected by a 9 -foot valley
bisecting the entire lot;
Uniqueness: The property, though rezoned to CN to allow multiple units on a parcel, is
entirely surrounded by the RC2 Zoning District that allows a 5 -foot side and rear yard
setback distance. While the Applicant has to now maintain a 10 -foot rear yard setback,
the immediately abutting properties can take advantage of a 5 -foot rear yard setback
distance along Applicant's northwesterly and southwesterly property lines; and,
Financial Impact: As the Applicant has already expended a substantial amount of funds
in the design and engineering of this structure, as well as sought and obtained HDC
approval in good faith, it would be a financial hardship to have to redesign, re- engineer
and re -site the structure in an already limited building envelop due to the dramatic
change in grade throughout the lot. A reduction of the small 2- bedroom units would
also financially impact the Applicant.
PROPOSED FINDINGS:
The Zoning Board of Appeals determines that variance relief is appropriate based upon the
uniqueness of the situation as detailed above, i.e. shape of the lot; the trapezoidal
configuration; topography of the lot and existing structure; and, with the substantial grade
change throughout the lot and existing siting of the original structure; and, further finds that
such unique conditions, surrounded by RC2 Zoning District, do not affect generally the zoning
district in which it is located. A finding could also be made that a literal enforcement of the
provisions of this chapter would involve a substantial financial hardship on the Applicant with
having to redesign and engineer the HDC approved duplex due to the limited level building
envelop, would be difficult. A grant of relief could be made without substantial detriment to the
public good and without nullifying or substantially derogating from the intent or purpose of the
Zoning By -law.
PROPOSED CONDITIONS:
- There shall be no further expansion of the structure within the required 10 -foot rear
yard setback area without further relief from this Board; and
- The siting of the structure is substantially as shown on Exhibit A, a reduced copy of
which is attached hereto.
EXHIBIT A
Topography map, showing grade changes and the location of the proposed structure
EXHIBIT B
Photographs of the existing conditions
EXHIBIT C
HDC approved plans
EXHIBIT D
GIS maps showing the CN and surrounding RC2 zoning districts and GIS maps showing the
Multi- family overlay area
EXHIBIT E
Previous ZBA and Planning Board decisions (with the Planning Board decision moot with the
change in zoning to CN from RC2)
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Property Information
Property 67 222 `
ID
Location 65 SURFSIDE RD
Owner DALGAARD HANS
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
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Doe: SP 04/22/2008 08:52 AM
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Nantucket Planning Board
M u l t i - F a m i l y S p e c i a l P e r m i t D e c i s i o n
Planning Board File #13 -07
Owner /Applicant: Hans Dalgaard
65 Surfside Road
Plan Book 24, Page 63, Lot B
Parcel 222 on Nantucket Tax Assessors Map 67
January 14, 2008
The Planning Board of the Town of Nantucket held a public hearing at its May 31, 2007, July 23, 2007, August
27, 2007, September 10, 2007, September 24, 2007, and December 10, 2007 meetings regarding a regdt for a
Mlulti- family Special Permit. The applicants' request would allow the construction of foie residential units
on the property located on property at 65 Surfside Road. 0 =
Proposal N`
A total of four (4) residential units will be constructed on the site. Two (2) two- bedroogi units will be
constructed in a new building, and one (1) three - bedroom unit and one (1) one- bedroorri unit in the e ting
dwelling. The total number of bedrooms on the site will be eight (8). Access to the site =wild be throdgU the
existing driveway. The private way will be paved to a width of sixteen (16) feet from the intersectionu
Miacomet Avenue to the site, portions of the driveway and interior parking area will also be paved, as the five
(5) at grade parking spaces will be constructed with eco- pavers or equivalent material, all as shown on the
submitted plans.
According to Zoning Bylaw section 139- 8C(2), no more than one dwelling unit per 2,500 square feet, not to
exceed a total of four (4) dwelling units or a total of eight (8) bedrooms, whichever is greater, is permitted on a
single lot. The subject lot is approximately 12,100 square feet and the applicant has revised the plan to allow
for construction of a new duplex and convert an existing dwelling to a duplex while adding a bike shop
accessible from the existing bike path. The existing dwelling will have one (1) three - bedroom unit and one (1)
one - bedroom unit while the proposed dwelling will have two (2) two - bedroom units.
It should be noted that the applicant received approval from the Zoning Board of Appeals (ZBA) to operate a
bicycle shop on the premises. The proposed bicycle shop will be attached to the duplex located closest to
Surfside Road, on the east side of the lot and will be approximately five hundred (500) square feet (400 square
feet of storage and 100 square feet of retail). The ZBA approval did not grant any parking waivers for the
commercial use of the property, however, the requirement for a loading zone was waived.
Zoning Bylaw section 139 -18 requires a total of eight (8) parking spaces (1 space per bedroom) for the multi-
family use of the site. An additional three (3) parking spaces are required for the commercial use of the site (i
space for each 900 square feet of storage and 1 space for each 200 square feet of retail). The revised site plan
indicates eleven (11) parking spaces. Six (6) spaces are proposed to be located below grade in basement garages
and five (5) are proposed at- grade. Of the eleven (11) parking spaces proposed, one (1) of the proposed
parking spaces is a handicapped space and one (1) of the proposed spaces is compact.
East Chestnut Street Nantucket Massachusetts 02554
508.228.7233 telephone 508.228.7298 facsimile
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Basis for Findings
The Planning Board evaluated this application in accordance with Zoning Bylaw sections 139 -8, 139 -18, and by
reviewing the submitted site plan on which the proposed structure was indicated. A Planning Board public
hearing was held on May 31, 2007, July 23, 2007, August 27, 2007, September 10, 2007, September 24, 2007,
November 26, 2007 and January 14, 2008, at which times the Planning Board heard testimony from the
applicant. No public testimony was given. The Planning Board closed the public hearing on January 14, 2008.
Findings
a. The Planning Board finds that the Applicant's site plan is substantially in compliance with the Minor
Site Plan Review Required Contents, Review Objectives, and Performance Standards, as specified in
section 139 -23 of the Zoning Bylaw. This finding is made after review of the site plan by the
Planning Board and its staff;
b. The Board finds that the parking requirements of section 139 -I8 of the Zoning Bylaw have been met
and
c. The Planning Board finds that the proposed structures and uses are in harmony with the general
purpose and intent of the Zoning Bylaw and meet the objectives of the Multi- Family Overlay District.
Decision
Based on the aforementioned findings, the Planning Board, on January 14, 2008 voted 4 -0 to APPROVE the
above - referenced Special Permit which shall be subject to the following conditions: .
1_ The revised site plan shall be endorsed by the Planning Board prior to the issuance of any Building
Permits;
2. That the project shall conform to the Planning Board endorsed site plan. Any additional applications,
including those for building permits, shall reference the approved site plan. Any modification of said
plan mayl require a public hearing;
3. That all future landscaping at the driveway entrance shall be limited to low growing plant material not
to exceed three (3) feet in height;
4. That a maximum of four (4) dwelling units and eight (8) bedrooms shall be permitted on the site. Any
alterations to the number of dwelling units or bedrooms shall require a modification of this Special
Permit;
5. That the stacked parking spaces ( #7 and #10) shall be dedicated for the sole use of the
tenants /leasees /owners of a single dwelling unit located in the new structure (the structure with two
(2) dwelling units);
6. That a Certificate of Water Quality Compliance shall issued from the Wannacomet Water Company
and shall be presented to the Planning Board prior to the issuance of any Building Permits;
7. That Certificates of Occupancy for individual dwelling units may take place independently of each
other, provided that Planning Board staff determines the level of infrastructure installed is sufficient.
Prior to the issuance of a Certificate of Occupancy for the final dwelling unit, all site improvements
shall be installed in accordance with the approved plan and an As -Built shall be submitted to the
Planning Board;
8. That the owner shall be responsible for the maintenance of the driveway, drainage system, and
landscaping. In the event the existing owner sells any or all of the units separately as condominiums,
a Condominium Association shall be established which will be responsible for the same and Iegal
documents to this effect shall be filed with the Registry of Deeds and presented to the Planning Board
prior to the sale of any condominiums; and
9. That the landscaping shall be in conformance with the approved site plan.
65 Surfside Road - Decision 2 of 3
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Record of Vote
On January 14, 2008 the Planning Board voted 5 -0 to APPROVE this special permit and on January 14, 2008
the Planning Board voted 5 -0 to ENDORSE this decision.
Frank Spriggs jPROV5�7
hn . aughlin APPROVED
John Wagley APPROVED
COMMONWEALTH OF MASSACHUSETTS
Nantucket, SS jw'! M '2008
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65 Surfside oad - Decision
On the day of 08, before me, the undersigned notary public, R
personally appeared V (-�
one of the above -named members of the
Planning Board of Nantucket, Massachusett , personally known
to me to be the person whose name is signed
on the preceding document, and acknowledged that he /she signed the foregoing instrument voluntarily for the —+
purposes ther i expressed.
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I CERTIFY THAT 20 DAYS HAVE ELAPSED AFTER M. n
Notary Public
THE DECISION WAS FILED IN THE OFFICE OF THE p
TOWN CLERK, AND THAT NO APPEAL HAS BEEN
FILED RSU GENERAL LAWS 40K, SECTION 1 I ° n
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65 Surfside oad - Decision
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
ialml JIJILelull
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Doc: SP 08/22/2007 03:07 PM
Date: June I ,2007
To: Parties in Interest and.Others concerned with the Decision of
the BOARD OF APPEALS in the Application of the following:
Application No.:
046 -07
0
Owner /Applicant: HANS DALGAARD
t
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with the office of the Nantucket Towh Cler k
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 sc:
as to be received within such TWENTY (20) days.
__
Nancy J. e�vri?Nis, Chairman
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- 228 -7215.
Bk: 01088 Pg: 240
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
2 FAIRGROUNDS ROAD
NANTUCKET, MASSACHUSETTS 02554
Assessors Map 67 65 Surfside Road
Parcel 222 Lot B, Plan Book 24, Page 63
Residential - Commercial -2 (R -C -2) Deed Ref. Bk 1054 Page 312
At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1:00 P.M.,
Friday, May 11, 2007, in the Conference Room, at 2 Fairgrounds Road, Nantucket,
Massachusetts, on the Application of HANS DALGAARD, c/o Reade, Gullicksen,
Hanley & Gifford, LLP, PO Box 2669, Nantucket, MA 02554, Board of Appeals File
No. 046 -07, the Board made the following Decision:
1. Applicant is seeking relief by SPECIAL PERMIT pursuant to Nantucket
Zoning By -law Section 139- 9B(2)(1) (rental and/or sale of bicycles); and relief by
SPECIAL PERMIT pursuant to Section 139- 9B(2)(b) (storage and warehousing) in
order to be able to use the new full basement level of the existing structure (since
relocated on the lot) for his business, the sale and rental of bicycles. Once renovation of
the structure is completed, the shop may be moved to the first floor level above grade into
an addition proposed for the structure. In addition, the Applicant is seeking relief by
SPECIAL PERMIT pursuant to Nantucket Zoning By -law Section 139 -20 to waive the
loading zone requirement. The lot, and the existing structure and proposed separate
residential structure would be conforming in all respects to the dimensional requirements
of the Zoning By -law. A multi - family special permit is being sought from the Planning
Board in separate action.
The Premises is located at 65 SURFSIDE ROAD, Assessor's Map 67, Parcel
222, Plan Book 24, Page 63, Lot B. The property is zoned Residential - Commercial -2.
2. The Decision is based upon the Application and the materials submitted
with it and the testimony and evidence presented at the Hearing. The Planning Board
made no recommendation finding that the matter did not present any issues of planning
concern. Other than the presentation by the Applicant and Applicant's counsel, there was
no public comment in favor or in opposition made at the hearing. There were no letters
on file.
Bk: 01089 Pg: 241
3. The Applicant, through counsel, represented that he proposed to relocate
his established bike rental /sale business (permitted by a grant of Special Permit relief in
BOA File No. 044 -03 for a separate parcel) to the Premises, which Applicant recently
purchased. Initially, Applicant proposes to conduct the business in the basement of the
existing single - family dwelling upon the lot. Upon completion of a conforming addition
to that structure, he would relocate the bike rental shop into the first floor area above
grade. Approximately 400 square feet of the shop area would be devoted to storage and
warehousing of the bikes; the remaining about 130 square feet of commercial area would
be devoted to a small counter /retail type area. Commercially related vehicular traffic to
the site would be limited, as many of the rental bicycles are delivered to customers off -
site. There would, however, be some on -site rentals and sales given the proximity of the
Premises to the Surfside Road bike path and its location immediately proximate a main
thoroughfare and the NRTA shuttle stop. Due to the severe changes in grade throughout
the irregularly shaped lot, as well as the shared vehicular access from a "way" to the rear
of the lot, provision of a 14' x 35' loading zone would be difficult, if not impossible.
Applicant stated that deliveries to the business are historically infrequent. The deliveries
that are made by commercial carriers generally occur twice a year via UPS in the spring
with intermittent deliveries of replacement parts and equipment during the summer.
Applicant would provide the required conforming parking spaces related to the
commercial business on site. The existing structure and any future structures would meet
all dimensional zoning requirements.
4. Applicant represented that application has been made to the Nantucket
Planning Board for a Multi - family Special Permit to allow up to four dwelling units on
the Premises. The single - family dwelling, in which the bike shop would be located, is
proposed to be converted into a duplex unit. Applicant has asked the Board of Appeals to
defer site plan review, required pursuant to Nantucket Zoning By -law Section 139 -23, to
the Planning Board. The Zoning Board of Appeals has jurisdiction over that portion of
the property related to the commercial use. Regardless of the outcome of that proceeding,
Applicant stated that all required parking related to the commercial use would be
provided on site in a conforming manner.
5. Therefore, Based upon the foregoing, the Board finds that the use of the
Premises for the rental and sale of bicycles, by a grant of the requested special permit
relief, would be in harmony with the general purpose and intent of the Zoning By -law
and would not create a negative impact in the Residential- Commercial -2 neighborhood,
as restricted by the conditions below. In addition, a waiver of the loading zone would not
be contrary to sound traffic and safety considerations, in light of the minimal deliveries
made to the site of commercially related material and Applicant's statement that a large
portion of the rental bikes and those that are sold are delivered off -site to customers.
6. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested
SPECIAL PERMIT relief pursuant to Nantucket Zoning By -law Section 139- 9B(2)(1)
(rental and/or sale of bicycles); SPECIAL PERMIT relief pursuant to Zoning By -law
Section 139- 9B(2)(b) (storage and warehousing) to allow the bike rental business to
operate on -site either in the basement space or first floor above grade shop space; and
SPECIAL PERMIT relief pursuant to Zoning By -law Section 139 -20 to waive the off -
street loading zone requirement. Relief is based upon the following:
Bk: 01089 Pg: 242
a. The bike shop shall be limited to a maximum of 530 square feet of
interior commercial space with no exterior storage of goods and
materials associated with the bike shop;
b. There shall be only one commercial entity operating from the
Premises unless further relief is granted by this Board;
C. The relief herein granted shall be valid so long as the
Applicant controls the property, and should such control be
transferred to another entity, further relief would be needed to
continue to operate the bicycle rental and sale business, with any
change in the commercial use requiring further relief from this
F Board;
d. All required parking related to the proposed commercial use on the
property shall be provided on site in a conforming manner; and
e. 'There shall be no motor vehicle access directly to the bike rental
shop from Surfside Road, other than by the existing shared private
"way" located to the north of the Premises.
7. In separate action, by a UNANIMOUS vote, the Board waives the site
plan review requirement pursuant to Nantucket Zoning By -law Section 139 -23 for this
Application.
Dated: June f , 2007
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Doc: MSP 11/24/2009 02:48 PM
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: November 2. 2009
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To: Parties in Interest and Others concerned with the Decision of
the BOARD OF APPEALS in the Application of the following:
Application No: 040 -09
Owner /Applicant: Hans Dolgaard
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.
0" � CW1
el J. O'Mara, Chairman
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 BOAR1:1
OF APPEALS OFFICE AT 508- 228 -7215.
Bk: 01208 Pg: 260
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 67, Parcel 222 Plan Book 24, Page 63
65 Surfside Road Lot B
Residential Commercial -2 Deed, Book 1054, Page 312
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, September 10, 2009, and continued to and
concluded upon Thursday, October 8, 2009, at 1:00 P.M., at 2
Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of HANS DALGA.ARD, c/o
Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669,
Nantucket, Massachusetts 02584, File No. 040 -09:
2. The applicant is requesting a Modification of the
Special Permit relief granted by the Board of Appeals in File No.
046 -07, in order to clarify that interior basement /garage space
within the applicant's building may be used for the storage of
bicycles and associated equipment, notwithstanding the condition
contained in the Decision in File No. 046 -07 that "the bike shop
shall be limited to a maximum of 530 square feet of interior
commercial space". The locus is situated at 65 SURFSIDE ROAD,
Assessor's Map 67, Parcel 222, is shown on plan recorded wits
Nantucket Deeds in Plan Book 24, Page 63, as Lot B, and i3
situated in a Residential Commercial -2 zoning district.
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. One abutter spoke in favor of the application at
the initial hearing; at that hearing, a former Planning Board
member asked questions as to the application, which were
addressed at the continued hearing.
4. As noted above, the decision in File No. 046 -07 limited
the bike shop to 530 square feet of interior space, and it also
prohibited exterior storage. The use of interior space for
storage was not addressed by the decision, and the Zoning
Enforcement Officer has denied approval for a Certificate of
Occupancy on the basis that interior space, which is not included
within the 530 square feet of the bike shop, is being used for
storage. The decision did not address parking, it simply
providing that the applicant shall provide the requisite parking
in connection with commercial uses. The applicant filed a
concurrent application with the Planning Board, to allow for a
0. \P1annin9\Z3A \Z8A 0ecselom \29A DEC 040 -09 W190s,4.000 1
Bk: 01208 Pg: 261
total of four dwelling units upon the locus, which is situated in
the Multi - Family Housing Overlay District. The Planning Board
granted this relief by special permit in its File No. 13 -07,
which approved a parking plan for the locus; however, the
applicant has not exercised this special permit, and at present
only two dwelling units exist upon the locus. Four parking
spaces are shown upon the plan approved by the Planning Board
within the garage area in the basement of applicant's building;
however, there are areas in the basement which are not shown
within the dimensioned parking spaces accessed from the garage
doors, and it is these areas which the applicant is using for
storage of bicycles and equipment.
S. On the basis of this presentation, the Board of Appeals
determined that the modification of the Special Permit issued in
File No. 046 -07 to specifically allow for basement space in the
building now existing upon the locus, not to be counted towar
the maximum of 530 square feet of floor area for the bicycle
shop, would be in harmony with the purpose and intent of the
Zoning By -law, and by a unanimous vote of the five members
participating GRANTED the requested MODIFICATION of the SPECIAL
PERMIT to that effect, subject to the condition that the parking
spaces shown upon the plans approved by the Planning Board in its
File No. 13 -07 not be obstructed by stored materials.
SIGNATURE PAGE TO FOLLOW
0 \P1annin9\88A \ZBA oec:..ms \=A ow o+o -oe mlgy e.dw 2
Dated: 2009
Bk: 01208 Pg: 262
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Mi el .O'Mara
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Nantucket, ss. 'Alpy. f- 2009
On this day of �M, 2009, before me, the undersigned Notary Public, personally appeared Id , who is personally known to me, and who is the person whose
name is signed on the pre eding or attached document, and who acknowledged to me that he/she signed it
voluntarily for its stated purpose.
Notary Public: dMt *j•► K
My commission expires: AAAAl
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I CERTIFY THAT ZO DAYS HAVE ELAPSED AFTER
THE DECISION WAS FILED IN THE OFFICE OF THE
TOWN CLERIC. AND THAT NO APPEAL HAS BEEN
-FILED. FUlW IAN`r 7Q G80AL LAWS BOA; SECflOI It
NOV 2 3 200
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Town of Nantucket
Zoning Board of Appeals
RECEIVED
BOARD OF ASSESSORS
JUN 0 2 20t6
TOWN OF
NANTUCKET, MA
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER...........
MAILING ADDRESS ........... . . . . . .
.... ...............................
PROPERTY LOCATION.........
... J-4� ...... ..... ..................
ASSESSOR MAP/PARCEL .............C. !
.......................
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SUBMITTED BY .............
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 11 and Zoning Code Chapter 40A, Section 139 -29B
(2)•
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ASSE SOR'S OFFICE
TOWN OF NANTUCKET
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: August 12 , 2016
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 29-16
Current Owner: HANS DALGAARD
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 67, Parcel 222 Plan Book 24, Page 63
65 Surfside Road Lot B
Commercial Neighborhood Deed, Book 1054, Page 312
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, July 14,
2016, at 12:00 noon, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of HANS DALGAARD, c/o Reade, Gullicksen, Hanley &
Gifford, LLP, Post Office Box 2669,Nantucket, Massachusetts 02584, File No. 29-16:
2. The applicant proposes to construct a duplex dwelling upon locus, and because of lot
shape and topography proposes to site the structure about 6' 7 3/8" from the northwesterly rear
lot line; rear yard setback in the CN zoning district is 10 feet. Accordingly, the applicant
requests relief by variance from the intensity regulations set forth in Nantucket Zoning By-law §
139-16.A to enable the structure to be constructed as proposed. Locus is situated at 65 Surfside
Road, Assessor's Parcel 67-222, is shown as Lot B on plan recorded with Nantucket Deeds in
Book 1054, Page 312, and is situated in the Commercial Neighborhood("CN") zoning district.
3. Our decision is based upon the application and accompanying materials, and
representations and testimony received at our public hearing. The Planning Board
recommendation was favorable to the granting of variance relief. Except for the presentation by
the applicant and his legal counsel, no comments were received at the public hearing.
4. As presented by the applicant and his counsel, locus is sited within the Commercial-
Neighborhood ("CN") zoning district, in which multiple dwelling units on a property are
permitted. Until a recent zoning change which was adopted at the 2016 Annual Town Meeting.
locus had been located in the Residential Commercial 2 ("RC-2") zoning district, in which rear
yard setback is 5 feet. The applicant had started his plans for the duplex while locus was still
situated in the RC-2 district. Locus is still surrounded by parcels still within the RC-2 zoning
district, so these immediate abutters are allowed a 5-foot rear yard setback distance. The majority
of the structure would be sited outside the required rear yard setback area of 10 feet. Locus is
improved with an existing structure, sited in the easterly portion of locus, which contains a
primary dwelling and an apartment. The structure also contains a bike rental/sales business as
allowed by previous ZBA Special Permit relief in Decision recorded at Book 1089, Page 239
(File No. 046-07), as modified by Decision recorded at Book 1208, Page 259 (File No. 040-09).
Applicant proposes to construct a duplex, each unit to have two (2) bedrooms, to the rear of the
lot that would be conforming in all respects other than the aforementioned rear yard setback
distance. The structure has been approved by the Historic District Commission ("HDC") COA
#65557, as the same may be amended from time to time.
2
5. As further presented by the applicant, Locus consists of a lot which was created many
years ago by an approval-not-required plan prepared for a predecessor in title, and is a
trapezoidal shaped lot, bordered on the east by a bicycle path and Surfside Road, and bordered
on the north by a commercial food business (owned by the Applicant and also in the CN),
reducing options of placement of structures on the lot. Materials presented at the public hearing
indicate that there is at least a 9-foot drop from the predominant grade bisecting the lot, with the
predominant grade further dropped even more from the level of the bike path by at least three
feet on the easterly side of the lot. The area between the existing structure and the proposed
structure is a sunken area which limits the buildable area. Both the existing and the proposed
structure would be built at the existing top grade with the sunken area located between them.
Both structures would therefore have an exposed subterranean foundation. Due to this grade
change the structure cannot be pulled any farther forward than presently sited. While the grade
throughout the surrounding area to the west and south is variable, this particular lot appears to be
the only buildable lot that is affected by a 9-foot valley bisecting the entire lot As specified in the
Zoning By-law, the topography of structures could also be considered. The siting of the existing
1963 structure further limits the options of placement of other conforming structures on the lot.
Locus, though rezoned to CN to allow multiple units on a parcel, is entirely surrounded by the
RC2 Zoning District that allows a 5-foot side and rear yard setback distance. While the applicant
has to now maintain a 10-foot rear yard setback, the immediately abutting properties can take
advantage of a 5-foot rear yard setback distance along the northwesterly and southwesterly
property lines with locus, with the constraint of the 10 foot rear yard setback being unique to
locus. As the Applicant has already expended a substantial amount of funds in the design and
engineering of this structure, as well as sought and obtained HDC approval in good faith, it
would be a financial hardship to have to redesign, re-engineer and re-site the structure in an
already limited building envelop due to the dramatic change in grade throughout the lot. A
reduction of the small 2-bedroom units would also financially impact the Applicant.
6. Based upon the foregoing presentation, the Board of Appeals, by a MAJORITY vote of
four members (O'Mara, McCarthy, Koseatac and Thayer) in favor, and one (Toole) opposed,
made the finding that owing to circumstances relating to the shape and topography of locus and
the structures thereon, and especially affecting it but not affecting generally the zoning district in
which locus is situated, a literal enforcement of the provisions of the By-law would involve
substantial hardship, financial or otherwise, to the petitioner or appellant, and that desirable relief
may be granted without substantial detriment to the public good and without nullifying or
substantially derogating from the intent or purpose of the By-law, and granted variance relief as
requested, upon the condition that no part of the structure shall be constructed closer than 6' 7
3/8" to the rear lot line.
SIGNATURE PAGE TO FOLLOW
3
W a.
Assessor's Map 67, Parcel 222 Plan Book 24, Page 63
65 Surfside Road Lot B
Commercial Neighborhood Deed, Book 1054, Page 312
Dated: August , 2016 /
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4.. - 1 K•s �c
Geoffrey T
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E. Off d S. Toole (opposed)
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss -}-
On the 1 t i� day of A t.lS 1 , 2016, before me, the undersigned notary public,
personally appeared 14 ( 1. Q Mar a , 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/she signed the foregoing
instrument voluntarily for the purposes therein expressed.
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