HomeMy WebLinkAbout49-17 13 Massachusetts AvenueFee: $450.00
A�r
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
Owner's name(s): Madaket Wheelhouse LLC
Mailing address: c/o Cohen & Cohen Law PC
y�L~�
File No. Yf_/15'
Phone Number: -508-228-0337 E -Mail: Steven(a,CohenLegal.net
Applicant's name(s):
Mailing Address: Post Office Box 786, Nantucket, MA 02554
Phone Number:
E_
LocusAddress: 13 Massachusetts Ave Assessor's Map/Parcel: 60 - 75
Deed: Book 1494 Page 39 Plan.: None
COT: 25696 LC Plan: Lots 12-15, Block 29 on LCPlan 2408-Y Zoning District: VR
Uses on Lot- Commercial: Residential house and garage
Residential: Number of dwellings 2 Duplex 0 Apartments 0
Date of Structure(s): all pre -date 7/72 Yes or
Building Permit Numbers:
Previous Zoning Board Application Numbers:
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
Special permits relief applying for:
The locus is a lot of about 30,277+/ -SF in the Village Residential (VR) zoning
district, which requires 20,000 SF of lot area. The locus contains a pre-existing,
nonconforming single family dwelling and garage/cottage. The dwelling has about
1708+/ -SF of ground cover and the ancillary garage/cottage has about 540+/- SF of
ground cover, for a total ground cover ratio of about 7.4% where 10% is allowed.
The dwelling is sited as close as 4.4 feet from the western/side lot line at its closest
point where the minimum side yard setback is 10 feet. The garage is located as close
as 2.9 feet from the eastern/side lot line and as close as 5.7 feet southerly/front lot
line, at its closest points, where 10 feet and 20 feet are required respectively. These
nonconformities pre-exist the 1972 adoption of the Nantucket Zoning By-law. The
locus and structures thereon are conforming in all other respects.
Applicant previously sought and was granted relief by Special Permit pursuant to
Zoning By-law Section 139-33.A in order to extend and alter the pre-existing
nonconforming dwelling and cottage/garage, as provided in ZBA File 15-16 and the
Special Permit Decision recorded at Book 1564, Page 269 at the Nantucket Registry
of Deeds. The Decision provided for renovations and additions to the main house,
and provided for lifting the cottage/garage, altering the foundation, adding to the
structure, and increasing its height. The permit also provided for the garage to move
from the cottage to the main house. The Board of Appeals conditioned this relief on
limiting the setback encroachments, limiting the alterations, and requiring the garage
addition to the house to remain as a not -for -habitation area without further relief by
the Board.
The Applicant now seeks to alter the preexisting nonconforming structures,
substantially as provided in File 15-16, and as provided in the revised Historic
District plans dated October 20, 2017, to allow for the structures to be altered by
renovation or by demolition and replacement. Application further notes that the
replacement structures will be slightly higher due to local flood elevations and to
comply with building code changes for foundations and otherwise. Accordingly,
Applicant requests relief by Special Permit under Nantucket Zoning Bylaw Section
139-33.A for the alteration of a pre-existing nonconforming structure and use where
the change is not more nonconforming and not substantially more detrimental to the
neighborhood than the existing nonconformities, and also requests relief by Variance
under Section 139-32, to the extent necessary, owing to the soil conditions,
topography and that literal enforcement of the bylaw would involve a substantial
hardship on the Applicant and relief may be granted without substantial detriment to
the public good or nullifying or substantially derogating the intent or purpose of the
Bylaw.
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: Madaket Wheelhouse LLC, a Massachusetts limited liability company
Owners, By: D
SIGNATURE:
teven L. Cohen, their attorney
OFFICE USE ONLY
Application received on:_/_/_ By: Complete: Need Copies:
Filed with Town Clerk:_/_/_ Planning Board:_/_/_ 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:—
/ -/-
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
Town and Countv of Nantucket. MA
November 17, 2017
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Property Information
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Property ID 6075
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Location 13 MASSACHUSETTS AV
Owner MADAKET WHEELHOUSE LLC
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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 11/17/2017
E`� �AR'BOR
PARCEL 3
CURRENT ZONING CLASSIFICATION.
UNREGISTERED BROAD CREEK AREA
ViKRge Re4i1-6.1 (V–R)
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MINIMUM LCT SIZE: 20,000 S.F.
30,277 SF.1
MINIMUM FRONTAGE: 100 FT.
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REAR/SIDE SETBACK 10 R.
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MADANEWHEELHOUSE. LLC
CERT, OFF TITLE /25696
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1111111 Bk: 01564 Pg: 269
430
Cori: 25696 Doc: SP
Reqirstered: 11/14/2016 08:36 AM
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET MASSACHUSET
NA ��KE"i
TO CLERK
2016 SEP -8 PM 2:01
P 11 'ar P�rrn�� ceded
201 81
8k: 1564 Pg: 269 Page: 1 of 8 Date: September 7, 2016
Doc: SP 11/14/2016 08:36 AM
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 15-16
Current Owner: MADAKET WHEELHOUSE, 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.
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.
Bk: 01564 Pg: 270
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 60, Parcel 75
13 Massachusetts Avenue
Village Residential (VR)
DECISION:
Certificate No. 25696
Book 1494, Page 39
Lots 12-15 Block 29, LVPL 2408Y
1. At a public hearing of the Nantucket Zoning Board of Appeals opened on May 11, 2016
at 11:00 A.M., June 9, 2016 at 1:00 P.M., and closed July 14, 2016' at 1:00 P.M. in the
Conference Room, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following Decision on the application of MADAKET WHEELHOUSE, LLC, c/o Costen &
Cohen Law, P.C., PO Box 786, Nantucket, MA 02554, File No. 15-16.
2. Applicant is seeking relief by Special Permit pursuant to Zoning By-law Section 139-
33.A in order to alter the pre-existing nonconforming dwelling and garage/cottage. Applicant
proposes to build an addition to the southeast comer of the dwelling which will be no closer than
the existing westerly side yard setback distance of 4.4 feet where minimum side yard setback is
ten (10) feet. Other dimensionally compliant additions are also proposed to the dwelling.
Applicant further proposes to expand. and convert the garage/cottage into a secondary dwelling.
The expansion will not bring the structure any closer to the lot lines than the current easterly side
yard setback distance of 2.9 feet, or the current southerly front yard setback distance of 5.7 feet
where minimum front yard setback is twenty (20) feet.
The Locus is situated at 13 Massachusetts Avenue, is shown on :'assessor's Map 60 as Parcel 75.
and as Lots 12-15, Block 29 upon band Court Plan 2408-Y and unregistered land lying north of
said Lots. Evidence of owner`s title is registered on Certificate of 'Title No. 25696 at the
Nantucket County District of the Land. Court and in Book 1494, Page 39 on file at the RegisM
of Deeds. The site is zoned Village Residential (VR).
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. Applicant modified their plans
and requested relief, and then re -noticed the application to address concerns of an abutter. No
opposition, written or oral, to revised plans and request was presented at the hearing.
4. At the first hearing on May 1 lch hearing, the applicant's representative explained that the
Applicant was seeking relief by Special Permit and Variance pursuant to Zoning By-law
Sections 139-33.A and 139-32 in order to alter the prc-existing nonconforming dwellintp and
garage/cottage and to convert the latter into a secondary dwelling. As shown on Siie Plan.
entitled "Existing Conditions Site Plan of Land in Nantucket, MA.", prepared by Blackwell &
Associates, Inc., and dated April 11, 2016, and attached hereto as "Exhibit A", the property is
' The application was re -noticed f'or the July 14, 20M hearing to reflect changes in the proposed work and relief
sought.
Bk: 01564 Pg: 271
improved with two structures which are pre-existing nonconforming as to both side yard and
front yard setbacks. The Locus is conforming in all other respects. Applicant proposed to alter
and expand both structures with small additions.
The structures, as so altered, would not be any closer to the lot lines than they currently are,
except for one of the proposed new outdoor shower enclosures — considered a "structure" in this
instance — would make the existing westerly side yard setback nonconformity of the dwelling
worse. The other proposed new outdoor shower sited on the east elevation of the dwelling, was
shown to be sited compliantly. Applicant stated that the siting is restricted by wetland
regulations.
Applicant also proposed changes to the garage/cottage consisting of moving, expanding, and
converting it into a secondary dwelling. The proposed relocation would eliminate the eastern side
yard setback intrusion and reduce the front yard setback intrusion. The front yard setback cannot
be cured due to the ten (10) foot scalar separation requirement for second dwellings.
5. After discussion with the Board, a requested continuance to the June meeting was granted
to allow the applicant to revise original project by either removing the floor from the proposed
outdoor shower — thereby removing it from needed relief — or relocating it, depending on
Conservation Commission parameters.
6. At the June 9t' hearing, the applicant's representative explained that the applicant had
altered the proposed project such that Variance relief would no longer be required and the work
being proposed could be done through Special Permit relief only. The Board determined that the
application needed to be re -noticed given the somewhat substantive changes, albeit changes that
could be construed as less intensive in scope.
1. At the final hearing on July 14`x', subsequent io rc-notification to Abutters. the
Applicant's representative explained to the Board that the revised application required relief by
Special Permit to allow the applicant to renovate and expand the main dwelling and
garage/cottage. As shown on plan entitled, "Proposed Conditions Site Plan of Land in Nantucket,
MA.", prepared by Blackwell & Associates, Inc., and dated July 14, 2016, and attached hereto
as `'Exhibit B", the proposed project consists of constructing additions to the main dwelling.
including an attached garage, that will be no closer than the existing westerly side yard setback
distance: and by constructing additions to the cottage — which will no longer serve as a garage —
that will be no closer than the current easterly side yard setback distance and no closer than the
current front yard setback distance. The renovation of the cottage will include lifting the cottage
to alter the foundation and also increasing its height within the setback. "rhe Applicant will be
constructing other additions to the main dwelling that meet all requirements of the Zoning
Bylaw.
S. Therefore, based upon the foregoing, the Board finds that the requested SPECIAL
PERMIT relief to allow additions to the main dwelling that will be no closer than the existing
westerly side yard setback distance, and to allow the temporarily lifting and expansion of the
cottage that will be no closer than the existing easterly and front setback distances. to be in
Bk: 01564 Pg: 272
harmony with the general purpose and intent of the Zoning By-law, and would not be
substantially more detrimental to the neighborhood.
9. Accordingly, by a UNANIMOUS vote of the sitting Board, the Zoning Board of Appeals
GRANTS the requested relief by SPECIAL PERMIT pursuant to Zoning By-law Section 139-
33.A(l) in order to allow alteration and expansion of the pre-existing nonconforming structures
upon the Locus. The relief is conditioned upon the following:
a. The garage addition to the main dwelling may not be used for human habitation
without further relief from this Board.
b. The proposed alterations and expansion shall be done in substantial conformity with
the plans approved in conjunction with Nantucket Historic District Commission
Certificates of Appropriateness No.s 65553, 66126, and 66175, as the same may be
amended from time to time.
4
Assessor's Map 60; Parcel 75
3 Massachusetts Avenue
Village Residential (VR)
Dated: 9 �0 1
2016
ttOV 14 2011
I CERTIFY THAT 20 DAYS HAVE ELAPSED AFTER
THE DECISION WAS FILED IN THE OFFICE OF THE
TOWN CLERK, AND THAT NO APPEAL. HAS BEEN
FILED, PURSUANT TO GENERAL LAWS 40A,SECTION.I I
TOWN CLERK
ATTEST",A°TRUE COPY
NANTUCKET TOWN CLERK
Nantucket, ss
Bk: 01564 Pg: 273
Certificate No. 25696
Book 1494, Page 39
Lots 12-15 Block 29, LVPL 2408Y
Lisa Botticelli
COMMONWEALTH OF MASSACHUSET"rS
On the day of &14eM Ir , 2016, before rne, the undersigned notary public.
personally appeared E, w , 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 decd and voluntarily for the purposes
therein expressed.
P 1?°' �.''
DORIS C. 57R11NG
i ' Y Notary Public
+�n; Massachusetts
Bic 1 Signature and Seal of ary Public �� 'vmrnission ixpires Oct 9. 2020
My commission expires:
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9p°AA,�o TOWN OF NANTUCKET
BOARD OF APPEALS rn
NANTUCKET, MASSACHUSETTS 02554 = n
N'
Date: February 14, 2018
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No.: 49-17
Owner/Applicant: MADAKET WHEELHOUSE, LLC
Property Description: 13 Massachusetts Avenue
Map 60, Parcel 75
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
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 60, Parcel 75
13 Massachusetts Ave
Village Residential (VR)
Village Height Overlay District
DECISION:
Certificate No. 25696
Book 1494, Page 39
Lots 12-15 in Block 29
Land Court Plan 2408Y
1. At a public hearing of the Nantucket Zoning Board of Appeals ("Board") opened at 1:00
P.M. on, Thursday, December 14, 2017, and closed on January 11, 2018, in the Conference
Room, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision
on the application of MADAKET WHEELHOUSE, LLC, c/o Cohen & Cohen Law PC, 34
Main Street, 2nd Floor, P.O. Box 786, Nantucket, MA 02554, in File No. 49-17.
2. Applicant was previously granted relief by Special Permit pursuant to Zoning By-law
Section 139-33.A in order to extend and alter the pre-existing nonconforming main house and
cottage/garage, as provided in ZBA File No. 15-16, registered as Land Court Document
#153430 and recorded at Book 1564, Page 269 at the Nantucket Registry of Deeds. The
Decision approved a project consisting of renovations and additions to the main house, lifting the
cottage/garage, altering the foundation, expanding the structure, and increasing its height. The
permit also provided for the garage use to shift from the cottage to the main house. The Board
conditioned this relief on limiting the setback encroachments and the alterations. The decision
further stipulated that the proposed garage addition to the main dwelling may not be used for
human habitation without further relief from the Board.
3. The Locus is situated at 13 Massachusetts Avenue, is shown on Assessor's Map 60 as
Parcel 75, and as Lots 12-15, Block 29 upon Land Court Plan 2408-Y and as unregistered land
lying north of said Lots. Evidence of owner's title is registered on Certificate of Title No. 25696
at the Nantucket County District of the Land Court and in Book 1494, Page 39 on file at the
Registry of Deeds. The site is zoned Village Residential (VR) and is also sited in the Village
Height Overlay District (VHOD).
4. Our decision is based upon the application and accompanying materials, representations,
and testimony received at the public hearing. There was no Planning Board recommendation, on
the basis that no matters of planning concern were presented. No opposition, written or oral, to
revised plans and request was presented at the hearing.
5. At the initial public hearing on December 14, 2017, Applicant's representative explained
that the Applicant now seeks to alter the pre-existing nonconforming structures, substantially as
provided in File 15-16, and as already approved by the Historic District Commission in the
revised plans, to allow for the structures to be altered alternatively by demolition and
replacement. The existing structures would be demolished and replaced, except that the
foundation for the main house would be substantially re -used. Applicant further notes that the
2
replacement structures will be increased in height due to local flood elevations and to comply
with building code changes for foundations, and will have minor changes that do not require
zoning relief. Accordingly, Applicant requests relief by Special Permit under Nantucket Zoning
Bylaw Section 139-33.A for the alteration of a pre-existing nonconforming structure and use
where the change is not more nonconforming and not substantially more detrimental to the
neighborhood than the existing nonconformities.
6. After discussion with the Board at the initial public hearing, the Board inquired as to
why, given the fact that the proposal is now to demolish the structures, the new siting could not
be made more conforming as to setbacks. The Board requested more information as to what
specifically precluded a less nonconforming siting and reiterated that the original justification for
relief was preserving and renovating the pre-existing nonconforming buildings. At the continued
public hearing on January 11, 2018, Attorney Cohen stated that a driving concern is with the
existing septic system in the driveway and a substantial wetland buffer which requires that they
avoid excavation in a sensitive area. He further stated that the proposal consists of re -using the
existing foundation such that the footprint of the single -story main dwelling will remain
unaltered as to the pre-existing nonconforming westerly setback intrusion.
7. Therefore, based upon the foregoing, the Board finds that the requested SPECIAL
PERMIT relief, to allow for the structures to be altered by renovation or by demolition and
replacement as set forth above, and subject to the conditions below, to be in harmony with the
general purpose and intent of the Zoning By-law, and would not be substantially more
detrimental to the neighborhood.
8. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested SPECIAL
PERMIT relief subject to the following conditions:
a. The cottage shall maintain a five foot (5') eastern side yard setback;
b. The westerly side yard setback of the main dwelling shall be no closer than pre-existing
nonconforming 4.4 feet;
c. The First Floor Elevations shall not exceed 11.6" for the house and 10.6" for the cottage;
d. Prior to framing the main house, the applicant shall submit photographic evidence and a
letter prepared and stamped by a licensed professional to the Zoning Enforcement Officer
and Zoning Administrator certifying that the foundation has been substantially re -used;
e. No air conditioning units shall be placed in the setbacks;
f. The average ridge height of the structures shall not exceed 17'- 0" for the house and 15' -
7" for the cottage (shown as "Guest House" on HDC approved plans); and
g. The proposed alterations and expansion shall be done in substantial conformity with the
revised plans approved in conjunction with Nantucket Historic District Commission
Certificates of Appropriateness No.s 68938 and 68939, as the same may be amended
from time to time.
I NA E P F WS
3
Assessor's Map 60, Parcel 75
13 Massachusetts Ave
Village Residential (VR)
Village Height Overlay District
Dated: January 11, 2018
Certificate No. 25696
Book 1494, Page 39
Lots 12-15 in Block 29
Land Court Plan 2408Y
Geoffrey Thayer
James Mondani
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss.
On the day of 2018, before me, the undersigned notary public,
personally appeared , 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 they
signed the foregoing instrument as their free act deed and voluntarily for the purposes
therein expressed. r „ _ 'A & �10
Official Signature and Seal of Notary Public
My commission expires:
*rpL
ESLIE WOODSON SNELLNOTARY PUBLICOMVMWEALTH OF MASSACHUSETTS 4hy Ccmn. Expires Sept. 28, 2018