HomeMy WebLinkAbout08-17 5A Pinetree RoadFee: $450.00
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
�% X 0 62017 q
6�
File No. V f- I I
Owner's name(s): Dean T. Belanger and Tammy E. M. Belanger
Mailing address: PO Box 43, Nantucket, MA 02554
Phone Number: E -Mail: acu4yu @aoLcom
M14bela@aol.com
Applicant's name(s): Same
Mailing Address:
Phone Number: E -Mail:
Locus Address: 5A Pine Tree Road Assessor's Map /Parcel• 68/227
Land Court Plan .: Lot 703, LC Plan No. 16514-55
Deed v ec r-en ., - Certificate of Title: 22,926 Zoning District: R -5
Uses on Lot- Commercial: No Yes (describe)
Residential: Number of dwellings: 2 Duplex Apartments
Date of Structure(s):
Building Permit Numbers:
Previous Zoning Board Application Numbers: N/A
N
0
J
q
w
3
w
0
W
_47-
O
�Z
� C
r n
M
�Sq
.J
State below or attach a separate addendum of specific special permits or variance relief
applying for:
See Exhibit A
I certify that the information contained herein is substantially complete and true to the
best of my knowledge, under the pains and penalties of perjury.
SIGNATURE: Owner*
SIGNATURE: 5 ``" `� k-s "r 3 ```j E -
Applicant /i e tt..... e i e a ftt2�
*If an Attorney or other Agent is representing the Owner or the Applicant, please provide
a signed proof of agency.
OFFICE USE ONLY
Application received on: _ /_ /_ By: Complete: Need Copies:
Filed with Town Clerk:-L/- Planning Board:_/_/_ Building Dept:_/_/_ By:_
Fee deposited with Town Treasurer: -/_L By:_ Waiver requested:
Granted:_/_ /_ Hearing notice posted with Town Clerk _ /_ /_ Mailed:_ /_ /_
I &MT /_ /_ &_ /_ /_ Hearing(s) held on:—/—/— Opened on :_/_/_
Continued to:_ /T /_ Withdrawn:_ /_ /_ Decision Due By:_/_/_
Made:_ /_ /_ Filed w /Town Clerk:_ /_/_ Mailed:_ /_ /_
I own ana uounLy OT ivanLuCKeL, [VIA
5A Pine Tree Road
uecemoer y, Lulb
m„ 66997
J - - 68 985 / 68 996 ;
Q
68 432 5wq 322 68.22 S ` fj_
68220 `. .,• .. " ±.;' -'
68431 `• <, t 418
• 68450
68 993 68 449 '•
68 418
68447
= z
68 446
68 445
>6 ,
68444. '
I -
�68
�6y0 642 e$
t
68 441
66
68440 1 684
6B 437 66 439
68492
6 684381 Z
, Q
68 467
68 211
6849
Property Information
Property 68 227
ID
Location 5 A PINE TREE RD
Owner BELANGER DEAN T & TAMMY E M
��J f
v 68 22- , 4 34
i
68105 f;
68225
684
219 T w' t1t499 F,B afi
66218
¢ 68106 2
El 4
i i
�* 6e e6o
682
7
' + 215.3 68107 - " ` .
H
68959 68333 -
_�, 5
214 68 969
7 68226
3
93 661 N
: 68956
68212: o
1 110 68213
176 68110 6a 40 c
1z 68109 1" = 130 ft
tts
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 12109/2016
Exhibit A
The Owners /Applicants, Dean T. Belanger and Tammy E.M. Belanger
(hereinafter referred to as `Belanger ") are the owners of 5A Pine Tree Road ( "the
Premises ") by virtue of Certificate of Title No. 22,926. The Applicants are requesting
Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 16.(C)(4)(a) to
reduce the ten (10) foot side yard setback in the R -5 Zoning District to five (5) feet to site
a secondary dwelling that is located within twenty (20) feet of the rear yard lot line. In
the alternative, the applicants are requesting Variance relief per Section 139 -32 from the
intensity regulations in Section 139 -16.
The structures upon the locus, a single - family dwelling and accessory shed, are
nonconforming with respect to side yard setbacks, being sited as close as 7.1 from the
southerly side yard setback and 6.2 feet from the northerly side yard setback in a zoning
district that requires a five (5) foot side yard setback on one side and a ten (10) foot
setback on the other side. The structure was rendered nonconforming as a result of the
2009 Annual Town Meeting which rezoned this property from RC to R -5. The side yard
setbacks in the RC zoning district were five (5) feet and, at the time of construction of the
dwelling and the issuance of the Certificate of Occupancy, the structure was in
compliance. Said Certificate of Occupancy from 1982 is attached hereto as Exhibit B.
Accordingly, the applicants are constructing a secondary dwelling upon the
Premises and are requesting Special Permit relief pursuant to Nantucket Zoning Bylaw
Section 139- 16.(C)(4)(a) in order to reduce the northerly side yard setback from ten (10)
feet to five (5) feet to site a secondary dwelling located approximately 8.5 feet from the
rear yard lot line, 5.5 feet from the northerly side yard lot line, and 5.9 feet from the
southerly side yard lot line as shown on the site plan attached hereto as Exhibit C. Per
Section 139- 16.(C)(4)(a), the Board of Appeals has the ability to reduce this side yard
setback from ten (10) feet to five (5) in order to site a secondary dwelling within twenty
(20) feet of the rear yard lot line. In this instance, the proposed secondary dwelling will
be within 8.5 feet of said rear yard lot line.
The Applicants have received Historic District Commission approval for said
secondary dwelling by virtue of Certificate of Appropriateness No. . A re attached
reduced copy of said approved Historic District Commission plans a hereto as
Exhibit D. Said secondary dwelling and the remaining structures upon the Premises shall
meet the intensity regulations of the Zoning Bylaw, including setbacks and ground cover
ratio.
The impact to the neighboring properties as a result of this request would be
negligible because these properties all had the benefit of five (5) foot side yard setbacks
in 2009. As such, although the proposed secondary dwelling will be approximately 5.5
feet from the northerly side yard lot line, had the Applicants elected to use the northerly
setback as their five (5) foot setback, this structure would be allowed to be sited in its
proposed location.
Therefore, because the proposed request meets the criteria set forth in Section
139- 16.(C)(4)(a) and Section 139 -30 and because the property formerly had five (5) foot
setbacks, such a request is in harmony with the general purpose and intent of the Bylaw
and Special Permit relief may be granted. In the alternative, the Applicant is requesting
Variance relief per Section 139 -32 from the intensity regulations in Section 139 -16 to
allow said alteration.
Ql
d
t�
N
0
6
a
v
f
z
Id
2i
P"
L
W � i
°C
1-0
Q ~ Q
W
W
U.
O Q
�a 3
zQ �Q
O
•a
W
c.
QZCi
-
�-
N
Z
= QG
!?
W
116 �
'
rap
O
�
=
L 1 A
w cn
W � i
°C
1-0
Q ~ Q
W
W
U.
O Q
�a 3
zQ �Q
W .
W
r
15
v
z
a
u
u
O
8
W
Q
u
W
v
aC
O
LAA
a
N
Z
O
z
0
to
•a
ors
c.
-
'
m
Cd
O
m
y
S
°
c
Cris•,
�'
•o
COD-
°
pq
Ly
m
�•
00
1
ti
N
0
�•
crs •
;
•
• 0
�■w
06
-
-
COD
-
z
be
S3
o
�
A
x;
a
o
N
- .
cn
144
z
m�
o
o
p
o
d
m
r-t
a
J-
N
0
rn
H
m
+
d
En
3
m
°•°
N
00
CL
w
R
'
d
N
N
:
6i
O
A
k :
-
C,4.
.a
y
-�
to-
to
m
m
: F+
lom
go
v
o
M
L
0
+'
Cd
cd
W .
W
r
15
v
z
a
u
u
O
8
W
Q
u
W
v
aC
O
LAA
a
N
Z
O
z
0
to
Q,
•
r
aj
�h
NA/M�
S;-TrA
6��?O
�8 -y6p^ 4/bZY vwx
751fr BEY
nVA
z
LOT 703 '/ t
AREA= 7,096fS. . D
we � �v
-y.
�2g.95,
V
40
X0.3
SB pINE �R F N 7� 1
�flT >Oe'w 44C
NOTE+ #5B LOT AS #5A pINE
IS POSTED ON THE DWELLING, TREE P.D.
OVERLAY DISTRICTS: NEIGHBORHOOD WELLHEAD PLOYEE HOUSING
CURRENT ZONING:
MINIMUM LOT SIZE:
MINIMUM FRONTAGE:
FRONTYARD SETBACK:
SIDE SETBACK:
R -5
5,000 S.F.
50 FT.
10 FT.
10 FT.min. one side,
5 FT. thereafter
REAR SETBACK: 5 FT. _
ALLOWABLE G.C.R.: 40%
EXISTING G.C.R.: 16% f
FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN
RELIES ON. CURRENT DEEDS AND PLANS OF RECORD,
VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON.
f
/ f
fro �
/ f
If
c')f
/ f
f 1
% f / f
% f
ffJ� f
f /
W
V1
Y
N
LJ W
Z
¢ a
Z N
a a
C z
C3 N
co
f
R 3e
�L1M OF ,y,4
��
STEP
J.
.3 SULUVAN
rS Na 97m
AS BUIL T PLOT PLAN
#5A PINE TREE ROAD
IN
NANTUCKET, MASSACHUSETTS
SCALE- 1 " =30' I DA TE.• JUL Y 27, 2009
DEED REFERENCE • CERT. #22926
PLAN REFERENCE.- L. C. PL. #16514 -55
ASSESSOR'S REFERENCE-
MAP: 68 PARCEL: 227
PREPARED FOR.•
DEAN T. BELANGER &
TAMMY E.M. BELANGER
EARLE & SULLIVAN, INC.
PROFESSIONAL LAND SURVEYORS
6 YOUNGS WAY
NANTUCKET, MA. 02554
508- 332 -4808
W
6g`% o
Z
IONg I1ABENT i � ZA I I P o I M a
4. N
N Z
Tygy o °
Q iWe 68_ �� U
DrivpMQ BERT T
EQSe�e * 5 � rO��cl LOT S�p��Ol 'E'OgE l �
6.2't S 75. X04 RT GEITE l
13'47' I
N ��$ 9 . E 24.15 6.5't
, f
l � '9REq OT X0,3 so 8'8, I o
Do
'fS F Q �. � � I
CIV `C/ 1
Q �qC y I
` � 4 I
DRIVE Q 9,X20ROP
Is
8g• 3
�VD768tS,F tot.�I Ci
C4 co
a
120.9 5, �
9 w
ti 4 '5]p pjNE IV F 5.9't I
M� GOT
I� I
I� I
IJ
I REVISED: MAR. 6, 2017
PLOT PLAN TO ACCOMPANY
OVERLAY DISTRICTS: PUBLIC WELLHEAD RECHARGE Z.B.A. APPLICATION FOR
15A PINE TREE ROAD
IN
CURRENT ZONING: R -5 NANTUCKET MASSACHUSETTS
MINIMUM LOT SIZE: 5,000 S.F. SCALE.• 1 " =30' DA TE.• OCT. 31, 2016
MINIMUM FRONTAGE: 50 FT. DEED REFERENCE. CERT. #22926
FRONTYARD SETBACK: 10 FT. PLAN REFERENCE.- L.C.PL. #16514 -55
SIDE SETBACK: 10 FT.min. one side, ASSESSOR'S REFERENCE. -
5 FT. thereafter MAP.- 68 PARCEL: 227
REAR SETBACK: 5 FT. H Or
ALLOWABLE G.C.R.: 40% K�� *SPARED FOR.-
EXISTING G.C.R.: 16% t �'
RICHARD r ^��
DEAN T. BELANGER &
PROPOSED G.C.R.: 26.8% t K. _.� TAMMY E.M. BELANGER
EARLS I s
y No. 29416 yc; EARLE & SULLIVAN, INC.
PROFESSIONAL LAND SURVEYORS
FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN 6 YOUNGS WAY
RELIES ON CURRENT DEEDS AND PLANS OF RECORD, NAN7UCKET, MA. 02554
VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON. e__ 508- 332 -4808 ES -123
NANTUCK I
_pNTUCK ,. TOWN CLERK
201i MAY I 1 PH 3: 26
\c�9
p0AAi�����
" TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: May 11 , 2017
To : Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No . : 08-17
Current Owner / Applicant: Dean T . Belanger & Tammy E . M. Belanger
Property Description 5A Pine Tree Road
Map 68 Parcel 227
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 Nantucket Superior Court or 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
Two Fairgrounds Road
Nantucket,Massachusetts 02554
Assessor's Map 68, Parcel 227 Certificate of Title 22926
5A Pine Tree Road Land Court Plan 16514-55
Residential 5 ("R-5") Lot 703
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, April 13,
2017, at 1:00 PM, in the First Floor Community Room of the Public Safety Facility at Four
Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the
application of DEAN T. BELANGER and TAMMY E. M. BELANGER, Post Office Box 43,
Nantucket, Massachusetts 02554, File No. 08-17:
2. The Applicant is requesting relief by Special Permit pursuant to Nantucket Zoning By-
law (the `By-law") Section 139-16.C(4)(a) to reduce the ten (10) foot side yard setback to five
(5) feet in order to allow the construction of a secondary dwelling located within twenty(20) feet
of the rear yard lot line. In the alternative, and to the extent necessary, Applicant requests relief
by Variance pursuant to Section 139-32 for a waiver from the intensity regulations in Section
139-16. The Locus is situated at 5A Pine Tree Road, is shown on Assessor's Map 68 as Parcel
227, and as Lot 703 upon Land Court Plan 16514-55. Evidence of owner's title is registered on
Certificate of Title No. 22926 at the Nantucket County District of the Land Court. The site is
zoned Residential 5 (R-5).
3. Our decision is based upon the application and accompanying materials and
representations and testimony received at our public hearing. The Planning Board approved the
secondary dwelling application at its meeting on March 6, 2017. There was no opposition,
written or oral, presented at the public hearing.
4. The Locus has a lot area of 7,609 square feet and consists of a single-family dwelling and
accessory zoning shed. The dwelling is pre-existing nonconforming with respect to side yard
setbacks, being sited as close as 9.1 from the southerly side yard lot line and 6.2 feet from the
northerly side yard lot line in the Residential 5 zoning district which requires a five (5) foot side
yard setback on one side and a ten(10) foot setback on the other side. At the time of construction
of the dwelling and the issuance of the Certificate of Occupancy in 1982, the structure was
situated in the Residential Commercial zone and was, therefore, in compliance with the side yard
setback requirements of five (5) feet. The zoning was changed to R-5 at the 2009 Annual Town
Meeting, thus rendering the locus pre-existing nonconforming as to frontage and the structure
pre-existing nonconforming side yard setback. The lot has forty (40) feet of frontage, which
complied with the minimum requirement in the RC district. Minimum frontage in the R-5 district
is fifty(50) feet.
5. The Applicants are requesting Special Permit relief pursuant By-law Section 139-
16.C(4)(a) for approval to reduce the northerly side yard setback from ten (10) feet to five (5)
feet in order to construct a proposed secondary dwelling.
Section 139-16.0(4)(a)reads:
(4)In the R-5 District only, the ten foot side yard setback may be reduced to five feet
under one of the following conditions:
(a)A five-foot side yard setback may apply to a secondary dwelling or accessory
structure that is located within 20 feet of the rear lot line.
In this instance, the proposed secondary dwelling will be sited approximately 8.5 feet from the
easterly rear yard lot line, 5.5 feet from the northerly side yard lot line, and 5.9 feet from the
southerly side yard lot line.
6. The Applicants have received Historic District Commission approval for said secondary
dwelling by virtue of Certificate of Appropriateness No. 67654. Other than the removal of the
rear deck to accommodate the new secondary dwelling, no changes are proposed for the main
dwelling which contains approximately 1,135 square feet. The shed, currently sited in the
southeast corner of the lot, is being relocated to make room for the new secondary dwelling and
will be sited between the two dwellings. The construction of the new 789 square foot secondary
dwelling will increase the existing ground cover ratio of 16% to approximately 26.8% where
40% is maximum allowed. The Locus will be compliant as to parking, with up to three (3)
parking spaces where two (2) are required.
7. The impact to the neighborhood as a result of this request would be negligible because
the surrounding properties, including Locus, all had the benefit of five (5) foot side yard setbacks
prior to the 2009 change in zoning. As such, although the proposed secondary dwelling will be
approximately 5.5 feet from the northerly side yard lot line, had the Applicants elected to use the
northerly setback as their five (5) foot setback, this structure would be allowed to be sited in its
proposed location.
8. Based upon the forgoing, the Board finds that proposed request meets the criteria set
forth in Section 139-16.C(4)(a) and Section 139-30. Therefore, the request is in harmony with
the general purpose and intent of the By-law and Special Permit relief may be granted.
9. Accordingly, by a UNANIMOUS vote, the Zoning Board of Appeals GRANTS the
requested relief by SPECIAL PERMIT pursuant to By-Law Section 139-16.C(4)(a) to reduce
the ten (10) foot side yard setback to five (5) feet to allow the construction of a secondary
dwelling located within twenty (20) feet of the rear yard lot line, as shown upon the Plot Plan
prepared by Earle & Sullivan, Inc., dated October 31, 2016 and revised March 21, 2017, a copy
of which is attached hereto as "Exhibit A".
SIGNATURE PAGE FOLLOWS
3
Assessor's Map 68, Parcel 227 Certificate of Title 22926
5A Pine Tree Road Land Court Plan 16514-55
Residential 5 ("R-5") Lot 703
Dated: ,2017
7
id/ _
Ed rd ose
I ‘MA,r
f i O■Lisa :office i
. /
Y
D A.
M. a: J. O' ar.
, /Milift■
erim Koseatac
Ad .....-AVIV lk
Jam ondani
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss
On the kk ' day of 1`\ ay, , 2017, before me, the undersigned notary public,
personally appeared e mu.s Kwick.&AA; , 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/she
signed the foregoing instrument as their free act and deed and voluntarily for the purposes
therein expressed.
// 4r`sb J'Q„ DORIS C.STRANG
I`. J.0 i • erAt.i1 J. / q 1 1 Notary Public
's 9 4 Massachusetts
�•ffic al Signature and Seal of Notes Public `rr w,,,,• Commission Expires Oct 9.2020
My commission expires:
4
"EXHIBIT A"
1
•
W E
H
y
N r
619-96,,,, H Z
PqU /y ¢ o
Li„.4/..-r-
A 1
E<lgEni�N�p�a,��y cz al
J0,1,47 qN 68-g 0 d c°� ,v-
D`rve� ;1: s> /Znez t a, LL7T �4�EpT ! f
/
S 75./..3.4r /..4.77-E g .�S. f I
k 15� 2�
/ Q �� S /�
I 1 C . 1 i AREA__ 0,3 '17 \\ \ so 78, /;-, /
I 96�SF Q\�ti h\� S mss, F
11 1 l"'I o `1Q 1\ �\pq�i\\ 4y 111fthIN - \ l bh,
eL \ \\°\\ i / /1. i tl �RAIi . V • . ...DRIVE 02 9k -•l CY \\� ..•pR�P�'• ":•: 8 r.,
\.. ==� `1 1 /U, \\ 13.8t G p D�fCG" /5}'awl ti
_ _ .,./i�
N n1 Y
mil\ ` J ti
120.9y m mo., : I. m Af
P y0 69_9399 76•/T�' W �___ l �/
N-J '�PI/vf-TRlf 5.9'±' l : /
i dATROVEi) Lor�204D 4zc .
BY T HE I�U�I 1 Ui C
I ET i?Lf1NNING BtUAtti1 k.
FOR AL"kQi1 TE Ai.C'ES PURSIJANTTn I I
SEC[`DN ?!..• 0 x111
NANTI� /'ZONING.. L/1W l / i a�zr/17
J PRIY1✓ J-
__ _ [a 11 }REWSED:MAR. 6, 20171
�'_i?irman / /
PLOT PLAN TO ACCOMPANY
OVERLAY DISTRICTS: PUBLIC WELLHEAD RECHARGE Z.B.A. APPLICA T/ON FOR
#5A PINE TREE ROAD _
IN -
CURRENT ZONING: R-5 NANTUCKET MASSACHUSETTS
MINIMUM LOT SIZE: 5,000 S.F. SCALE:1"=30'l DATE:OCT. 31, 2016
MINIMUM FRONTAGE: 50 FT. DEED REFERENCE:CERT.#22926
FRONTYARD SETBACK: 10 FT. PLAN REFERENCE:L.C.PL.#16514-55
SIDE SETBACK: 10 FT.min. one side, ASSESSOR'S REFERENCE.•
5 FT. thereafter MAP.• 6B PARCEL: 227
REAR SETBACK: 5 FT. `-o,
ALLOWABLE G.C.R.: 40% ij -7s-. (PREPARED FOR:
EXISTING G.C.R.: 16% ± ''/ r?ICHAHO'\ "� DEAN T. BELANGER &
PROPOSED G.C.R.: 26.8% t ic- ° TAMMY E.M. BELANGER
E. 294 EARLE & SULLIVAN, INC.
Vf P1o. 2541 a
'1�a, yeysTFr�° ,,� PROFESSIONAL LAND SURVEYORS
FOR PROPERTY UNE DETERMINATION THIS 'PLOT PLAN \ T Laiy /"� YOUNGS 02554
RELIES ON CURRENT DEEDS AND PLANS OF RECORD, ✓ fl ' 50CKET A. 0B
VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREO ES-123