HomeMy WebLinkAbout042-16 9 Hallowell---cross filed in 20161-
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TOWN OF NANTUCKET �y G
BOARD OF APPEALS r
NANTUCKET, MASSACHUSETTS 02554
Date: January 13, 2017
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No.s: 042 -16
Current Owner /Applicant: NANCY COLSON
Property Description
9 Hallowell Lane
Map 30 Parcels 14, 15, and 257
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 30,
Land Court Plans 12022 -B,
Parcels 14, 15 and 257
Lot 30 -A; 12022 -Q, Lot 47;
9 Hallowell Lane
12022 -H, unregistered land "Martha D. MacCorkendale"
Residential -20
Certificate of Title No. 14549;
deed, Book 350, Page 225
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, December
8, 2016, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of NANCY COLSON, c/o Reade, Gullicksen, Hanley &
Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 42 -16:
2. Applicant is seeking modification of prior Special Permit and new Special Permit relief
pursuant to Nantucket Zoning By -law §139-33.A to allow removal and reconstruction of a pre-
existing nonconforming dwelling in excess of the permitted ground cover. The siting of the
proposed new dwelling will cure the nonconforming front yard setback and the pre - existing
nonconforming ground cover will be reduced. The Locus is situated at 9 Hallowell Lane, is
shown on Assessor's Map 30 as Parcels 14, 15, & 257, (together constituting a single lot), being
the parcels shown on Land Court Plan 12022 -B as Lot 30 -A, on Land Court Plan 12022 -Q as Lot
47, and on Land Court Plan 12022 -H as unregistered land of "Martha D. MacCorkendale ".
Evidence of owner's title is registered on Certificate of Title No. 14549 and in Book 350, Page
225 on file at the Nantucket County Registry of Deeds. The site is zoned Residential 20 (R -20).
3. Our decision is based upon the application and accompanying materials, and
representations and testimony received at our public hearing. There was no Planning Board
recommendation, on the basis that no matters of planning concern were presented. There was no
opposition, written or oral, to the application.
4. Applicant proposes to demolish or remove the existing principal single - family dwelling
upon locus, and to replace it with a new principal single- family dwelling. Accordingly, the
applicant seeks relief consisting of:
(a) Modification of the prior Special Permit issued by the Board of Appeals in File
No. 36 -10, registered with the Nantucket County District of the Land Court as Document
133365, to permit the replacement of the principal dwelling with total ground cover upon locus
not to exceed 3,860 square feet as set forth in that decision;
2
(b) A Special Permit pursuant to Zoning By -law §139- 33.A(4), which reads:
Removal and reconstruction of any or all of the preexisting nonconforming structure(s), or any
portion(s) thereof, in excess of the permitted ground cover ratio upon a lot, shall be allowed by
special permit, provided that:
(a) Such special permit shall have been issued prior to the removal of the preexisting
nonconforming structure(s), or any portions) thereof,
(b) (Reserved)
(c) All reconstructed structure(s), or portion(s) thereof, shall conform to all applicable
front, rear and side yard setback requirements; unless relief is granted under separate
provisions of this chapter; and
(d) The special permit granting authority shall have made the finding that the result of
the proposed removal and reconstruction shall not be substantially more detrimental to
the neighborhood than the existing nonconforming structure and /or use.
5. The area of this waterfront lot fluctuates with shoreline changes. In 2000, the lot area was
approximately 31,070 square feet; more recently, it has been calculated at approximately 28,050
square feet in the R -20 zoning district where minimum lot size is 20,000 square feet. At present,
the ground cover of the existing structures, consisting of the principal dwelling and a secondary
dwelling (which is to remain), is approximately 3,856 square feet, for a ground cover ratio of
roughly 13.8% on the basis of 28,050 square feet of lot area; 12.5% is the maximum pursuant to
By -law §139 -16 in R -20. The existing ground cover is a result of the above - referenced Special
Permit which found the then - existing conditions upon locus to be pre- existing and
nonconforming with zoning requirements, and authorized an expansion of sixty (60) square feet
in connection with the replacement of the secondary dwelling, which was constructed and a
Certificate of Occupancy issued. The existing principal dwelling is nonconforming as to front
yard setback, being sited approximately 29.7 feet from the southerly front yard lot line, with
minimum front yard setback in the R -20 district being thirty (30) feet.
6. The applicant proposes that the replacement structure will comply with all setback
requirements, as shown on plan entitled, "Proposed Conditions Plan to Accompany Application
to ZBA in Nantucket, Massachusetts ", prepared by Emack Surveying, LLC, and dated October
26, 2016, a reduced copy of which is attached herewith as "Exhibit A ". Historic District
Commission approval has been obtained for the proposed work.
7. Based upon the facts set forth above, as presented by counsel to the applicant, the Board
made the finding that the demolition and replacement of the existing primary dwelling upon
locus, as proposed, would not be substantially more detrimental to the neighborhood than the
existing nonconforming structure; in fact, it would be less detrimental, since the front yard
setback nonconformity would be eliminated.
8. Accordingly, by UNANIMOUS vote, the Board of Appeals granted the requested relief
by SPECIAL PERMIT pursuant to By -law §139- 33.A(4), and modification of a prior Special
Permit in File No. 36 -10, to allow removal and reconstruction of the pre- existing, nonconforming
structure in excess of the permitted ground cover upon the locus.
I NAT RE PA E FOLL WS
3
Assessor's Map 30,
Parcels 14, 15 and 257
9 Hallowell Lane
Residential -20
Dated: January i % 2017
Nantucket, ss.
Land Court Plans 12022 -B,
Lot 30 -A; 12022 -Q, Lot 47;
12022 -H, unregistered land "Martha D. MacCorkendale"
Certificate of Title No.
14549;
sae 225
l Kerim Koseatac
Geoffrey Thayer
COMMONWEALTH OF MASSACHUSETTS
On the 11 2 day of , 2017, before me, the pursuant signed notary public,
personally appeared EdwaY S.�'oo�2 , 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.
My Commission Expires:
Oc-4 -obex q/ 202-v
OORIS C. STRANG
—,o L Notary Public
Massachusetts
� ,•° Commission ERplres Oct 9. 2020
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NOTE:
DWELLING TO CONFORM TO
CURRENT ZONING REQUIREMENTS WITH
RESPECT TO FRONT YARD SETBACK.
CURRENT ZONING: R -2
MINIMUM LOT SIZE: 20,000 sf
MINIMUM FRONTAGE: 75 ft
FRONTYARD SETBACK: 30 ft
SIDE AND REAR SETBACK: 10 ft
ALLOWABLE G.C.R.: 12.57
PROPOSED G.C.R.: 13.7%+
(SEE SPECIAL PERMIT RECORDED AS LC DOC 133365)
PROPOSED G.C. MAIN HOUSE: 3280± SF
EXISTING G.C. 2ND DWELLING: 566± SF
FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN
RELIES ON CURRENT DEEDS AND PLANS OF RECORD,
VERIFIED BY FIELD MEASUREMENT'S AS SHOWN HEREON.
THIS PLAN IS NOT REPRESENTED TO BE A TITLE
EXAMINATION OR A RECORDABLE SURVEY.
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PROPOSED CONDITIONS PLAN TO
ACCOMPANY APPLICATION TO ZBA IN
NANTUCKET, MASSACHUSETTS
SCALE: 1 " =30' DATE: OCT 26, 2016
DEED REFERENCE:LC CERT.# 14549
and DEED BK 350, PAGE 225
PLAN REFERENCE: LC PL 12022 —H
and LC PL 12022 —Q
ASSESSOR'S REFERENCE:
MAP: 30 PARCELS: 14, 15, & 257
PREPARED FOR: NANCY COLSON
EMACK SURVEYING, LLC
2 WASHAMAN AVENUE
NANTUCKET, MA. 02554
(508) 325 -0940 J -399
I"EXHIBIT A"