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Home My WebLink About042-16 9 Hallowell Technical Correction cross filed in 2016TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 MEMORANDUM Date: February 6, 2017 To: Town Clerk From: Eleanor Weller Antonietti, Zoning Administrator Re: Zoning Board Decision #42 -16— TECHNICAL CORRECTION N A N T U G K TOWN CLERK: 2017 FEB -6 PM 2:23 The above referenced ZBA Decision regarding 9 HALLOWELL LANE, filed with the Town Clerk on January 13, 2017, requires minor modification to correct the Land Court Plan references on Pages 2 and 4 of the decision. This minor modification will neither effect the content of the relief contained in the decision nor the completed appeal period. The corrected document submitted herewith shall be recorded with the Registry of Deeds. Thank you. Eleanor W. Antometti, Zoning Administrator COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss On the 3 day of VGbruAir tJ , 2017, before me, the undersigned notary public, personally appeared Eleanor Weller Antoniftti, the above -named Zoning Administrator of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that she signed the foregoing instrument voluntarily for the purposes the in expressed. t', DORIS C. STRANG Notary Public Offi ial Signature and Seal of N ry Public s Massachusetts My COmm1SSlOri expires: `rr� •� Commission Expires Oct 9, 2020 .r 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508- 228 -7298 facsimile 9 4 ` yc9ioORAZ c�`61 ��y � C) TOWN OF NANTUCKET BOARD OF APPEALS 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 -H4, Parcels 14, 15 and 257 Lot 30 -A; 12022 -Q, Lot 47; 9 Hallowell Lane 12022 -B44, 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 -H14 as Lot 30 -A, on Land Court Plan 12022 -Q as Lot 47, and on Land Court Plan 12022 -B14 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 portions) 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 renioval of the preexisting nonconforming structure(s), or any portion (s) 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 niade the finding that the result of the proposed renioval 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. SIGN TUBE AGE OLL WS Assessor's Map 30, Parcels 14, 15 and 257 9 Hallowell Lane Residential -20 Dated: January i _, 2017 Nantucket, ss. 12022 -H Land Court Plans 12$22--B-, 12022 -B Lot 30 -A; 12022 -Q, Lot 47; 12022-1 f, unregistered land "Martha D. MacCorkendale" Certificate of Title No. 14549; ,'7 deed. Book 350, Pave 225 l Kerim Koseatac Geoffrey Thayer COMMONWEALTH OF MASSACHUSETTS On the 12 day of , 2017, before me, the pursuant signed notary public, personally appeared "w r a- cole , 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. ry.S'�c DORIS C. STRAND Otar Public: ,( ` Notary public Massachusetts My Commission Expires: Commission Expires Oct 9, 2020 6c+obeAr �/ 202.6 I"EXHIBIT A" 'N1g1yTUC nihw\ �'?, Os . m k 1 f mhIV a` lot 47 (as shown on 12022 —Q) OHCe down M c3" deck lot 30A TOTAL LOT AREA =28050 ± sf deck SU � O •OS �� ` Nb 'O22�3_QQ_ lot �4s S Oreaa 12p22 hp W/7 0/7 & Q) iP FND N d DWELL/ W /F� to NG Z be demolished v� °nd rebuilt deck V. i F ia / let & 2nd N atorY deck. ) — + 17 garage Porch 10' } i O s' r M WIIF D F +i ° r on N a% 120.00' r°o FTID B 125.07' 4 O 11ALLOWELt _. / LAX E NOTE; Fn"o B DWELLING TO CONFORM TO CURRENT ZONING REQUIREMENTS WITH RESPECT TO FRONT YARD SETBACK. PROPOSED CONDITIONS PLAN TO CURRENT ZONING: R -2 ACCOMPANY APPLICATION TO ZBA IN MINIMUM LOT SIZE: 20,000 of NANTUCKET, MASSACHUSETTS MINIMUM FRONTAGE: 75 ft SCALE: 1 " =30' DATE: OCT 26, 2016 FRONTYARD SETBACK: 30 ft SIDE AND REAR SETBACK: 10 ft DEED REFERENCE:LC CERT.# 14549 ALLOWABLE G.C.R.: 12.5% and DEED BK 350, PAGE 225 PROPOSED G.C.R.: 13.790± PLAN REFERENCE: LC PL 12022 —H (SEE SPECIAL PERMIT-RECORDED AS LC DOC 133365) and LC PL 12022 —Q PROPOSED G.C. MAIN HOUSE: 3280± SF ASSESSOR'S REFERENCE: EXISTING G.C. 2ND DWELLING: 566± SF MAP: 30 PARCELS: 14, 15, & 257 FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN PREPARED FOR: NANCY COLSON RELIES ON CURRENT DEEDS AND PLANS OF RECORD, EMACK SURVEYING, LLC VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TITLE 2 WASHAMAN AVENUE EXAMINATION OR A RECORDABLE SURVEY. . NANTUCKET, M A. AN A N AN 02554 N.B. 09/90 325-0940 ( J -399