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HomeMy WebLinkAbout01-18 5 Nantucket AvenueTOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $450.00 File No.� Owner's name(s): Trillium 88, LLC Mailing address: c/o Cohen & Cohen Law PC, 34 Main St., 2nd Fl, Nantucket, MA Phone Number: (508) 228-0337 E -Mail: steven(a,cohenlegal.net Applicant's name(s): Trillium 88, LLC Mailing Address: c/o Cohen & Cohen Law PC, 34 Main St., 2nd Fl, Nantucket, MA Phone Number:(508) 228-0337 E-Mai1:_steven(&,cohenlega1.net Locus Address: 5 Nantucket Avenue Assessor's Map/Parcel:-30/252 Land Court Plan/Plan Book & Page/Plan File No.:–Plan File 43-U Deed Reference/ Certificate of Title: Bk 1405, Pg 289_ Zoning District R1 Uses on Lot- Commercial: None XX Yes (describe) Residential: Number of dwellings_1 Duplex 0Apartments _0 Date of Structure(s): all pre -date 7/72 _XX_ or Building Permit Numbers: Previous Zoning Board Application Numbers: 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 50 8 -228 -729 8 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: See addendum attached. 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: Applicant/Attorney/Agent* *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:_/_/_ 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notice posted with Town Clerk:—/—/— Mailed:_/_/_ I&M_/_/_ &_/_/_ Hearing(s) held on:_/_/_ Opened on Continued to:_/_/_ Withdrawn:_/_/_ Decision Due By:_/_/_ Made:_/_/_ Filed w/Town Clerk:—/—/— Mailed:_/_/_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone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 Addendum to Board of Appeals Application Owners/Applicants: Trillium 88, LLC Locus: 5 Nantucket Avenue, Nantucket, Massachusetts The Locus is an oversized lot of 6,790 SF in the Residential -1 District, which requires only 5,000 SF of lot area, and contains a dwelling with a ground cover of 2,193 SF (a 32.3% ground cover ratio in a district that allows for 30% ground cover, which would be 2,037 SF here), and with a "non -ground cover" shed of 114 SF. The dwelling and shed are both within the eastern side yard setback, as close as 1.0 feet in a district with a 5 -foot side -yard setback. These nonconformities pre -date the adoption of Nantucket's Zoning Bylaw in 1972, but the lot is otherwise dimensionally conforming. The Locus is over the allowed ground cover by 156 SF and has an additional 114 SF shed. Applicant has arranged to purchase an 8' wide parcel to the south, which would enlarge the lot by 536 SF, to 7,326 SF of lot area. At 30% Ground Cover Ratio, this 536 SF parcel would provide for an additional 161 SF of additional ground coverage, except that since the Locus is currently 156 SF over the 30% Ground Cover Ratio, this addition to the current lot would instead bring the existing ground cover into conformity (i.e., the additional ground cover of 2,193 would be absorbed by the existing grandfathered nonconformity by raising the 30% allowance to 2,198 SF of ground cover. Based on the pre-existing nonconforming status of the structures, Applicant seeks Special Permit relief under Section 139-33A.1 to alter a preexisting nonconforming structure within the side - yard setback in a way that is not substantially more detrimental than the existing nonconformity and does not increase its nonconforming nature and does not create any new nonconformities. Further, Applicant seeks Special Permit relied under Section 139-33A.2 to alter an existing structure or a new structure that will result in an increase in the pre-existing nonconforming ground cover ratio of the lot where the increase in ground cover ratio will not be substantially more detrimental to the neighborhood than the existing nonconformity; is consistent with the character of the surrounding neighborhood; and the change is conforming to other dimensional requirements of this chapter. Applicant is proposing to 1) get "credit" for the additional lot area to allow 160 SF of ground cover, 2) to combine the 114 SF of the shed into the house, and 3) to add 226 SF, for a single structure of 2,693 SF of Ground Cover. IUVVII dIIU UUMILY V1 I'JdIItUL;KL-L, IVIIA 5 Nantucket Ave CLIF,Cno Property Information Property ID 30252 Location 5 NANTUCKET AV Owner TRILLIUM 88 LLC &l 4 6 .,. 6 December 12, 2017 2943.2 4 f. ,2-- ----- ---------- - PTIFV1 I .., ----- K 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 1211212017 1" = 98 ft 3D 141 317 57 3 2947 66R 2946 66R Z J& 3059 t-1 X 3 & Z 1 2943.2 4 f. ,2-- ----- ---------- - PTIFV1 I .., ----- K 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 1211212017 1" = 98 ft 0. S a LC 12399 A o D NANTUCKET ( Public 25' wide AVE. �a -N38° 43' 31 E y— 86.24 -- MZ��F G O \ A 'I� _ m D)0 vD OtDIV O Om ,Iz N 39° 37'33 E 39° 41'34" W 114.06 'o im a Fn/ f Elm Associates o_ n D n/f Women C.,Jr. 8 M z Susan S. Phillips Deed 196,p.130 T Deed 163,p,42 ba C) r u y D M m D 0 _ r c z W D j 77 0 D o > >� BfD11 Z -q S[ gm �y'la o `m�??ox o�_it5x5.� S Sp 3XE io ni ? 2 b n Z o z �n En a'Cy0O m o onvpz pm m 6 y o o+a3Q �L�Ba A'^� ��OF� �o�e ��� o n33 ° 3 + m�� oc 6_ ' \ �I !< �l J a N• 0 r . 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Z 2 m m z 0 LFI F Z> u£1 ¢ m R m 11 F U 4 K 4 2 4 2 O a I.zl W N .] R fw¢ O K (ZA m r] f>ZA Z O F 1 N R O w j W �.i N O> .w] P° a¢ m 2 y F 41 Z w z C O Z M X J (� F C1 S N O¢ S to 4>t a .zi �¢d ° O 4 Fwn 7 S 4 m S O O G F VOF 4 D m ITi] R¢ Iw.l O O w>> y m O �'+ O n 0 d m❑ .1 ,d p g 4 U n¢ m 4 m 3 h F U W F 3 T Z W .� U O W ---- -- -- --- n .. N ry N N ry ry N N w ry N N N N N N %j a rryrvNrvNrvrvrv...mmm�m.mmm------m-------�������eeeeeee ❑❑❑°❑❑o❑m❑o❑❑❑❑❑❑o❑ V • 3���pNTuc�-F��� TOWN OF NANTUCKET2 ZONING ADMINISTRATOR NANTUCKET, MASSACHUSETTS 0255' mac% COD F Date: February 12, 2018 To: Parties in Interest and Others concerned with the Decision of The Zoning Administrator in the Application of the following: Application No: ZA 01-18 Owner/Applicant : W. CHRISTOPHER MORTENSON, JR. & WINIFRED M: MORTENSON, TRUSTEES, MORTENSON FAMILY NOMINEE TRUST Property Description: 12 Westminster Street 42.4.3/39 Enclosed is the Decision of the Zoning Administrator which has this day been filed with the office of the Nantucket Town Clerk. An Appeal from this Decision to the Zoning Board of Appeals may be taken pursuant to Nantucket Zoning Bylaw Section 139-29.C.(3) Any action appealing the Decision must be brought by filing a notice of appeal, specifying the grounds thereof, with the Town Clerk, pursuant to Nantucket Zoning Bylaw Section 139-29.C.(6) i Eleanor Weller Antonietti, Zoning Administrator cc: Town Clerk Building Commissioner/Zoning Enforcement Officer TOWN OF NANTUCKET NANTUCKET ZONING ADMINISTRATOR 2 Fairgrounds Road Nantucket, Massachusetts 02554 12 Westminster Street ZA Decision 01-18 Assessor's Map 42.4.3, Parcel 39 Book 1141, Page 307 Residential Old Historic (ROH) Plan Book 21, Page 70 DECISION: 1. Upon review of the Application submitted by the Applicant, the Zoning Administrator determined pursuant to Nantucket Zoning By -Law Section 139-33.A(1)(b) that the proposed alteration, extension, and structural changes to the pre-existing non -conforming structure upon the pre-existing nonconforming locus do not increase the non -conforming nature of the structure or the locus. 2. The Applicant proposes to alter the pre-existing nonconforming dwelling by building a single story 78 square foot addition and outdoor shower on the south and west elevations of the structure, portions of which are sited within the five (5) foot rear and side yard setbacks. The dwelling will be no closer to the yard lot lines than the existing structure as a result of the proposed alterations and addition and no new nonconformities will be created. The ground cover of the expanded dwelling will be roughly 1,432 square feet for an overall increased ground cover ratio of 35.7%. The proposed project has been granted Historic District Commission approval by virtue of Certificate of Appropriateness 69396. 3. The Locus, a corner lot with double frontage onto Academy Lane to the north and Westminster Street to the east, is pre-existing non -conforming as to lot size. Specifically, the locus is an undersized lot of record having an approximate lot area of 4,765 square feet in the Residential Old Historic ("ROH") zoning district where minimum required lot size is 5,000 square feet. The property is improved with a roughly 1,354 square foot single family dwelling and a 270 square foot garage structure for a total existing ground cover ratio of approximately 34.1 % where 50% is allowed. 4. Both structures are said to have been built prior to the 1972 adoption of the Nantucket Zoning By -Law and, as such, are pre-existing nonconforming with respect to the intensity regulations pursuant to Section 139-16.A. Particularly, in a district which requires a five (5) foot minimum side and rear yard setback distance, the house is sited on or over or closer than five (5) feet to the westerly rear yard lot line at various points and as close as 4.8 feet from the northerly side yard lot line. The single story garage structure, which is 2 not undergoing any alterations, is sited as close as 1.2 feet from the southerly side yard lot line. 5. The proposal, as shown on plan entitled, "Proposed Conditions Site Plan to Accompany A Zoning Board of Appeals Application", dated January 10, 2018, and prepared by Blackwell & Associates, Inc., a reduced copy of which is attached hereto as "Exhibit A", consists of a 78 square foot single story addition and outdoor shower to be constructed on the south and west elevations of the dwelling. Although the alteration and expansion will result in an extension of the westerly side yard setback intrusion, the addition shall be sited no closer to the westerly lot line than the existing structure. 6. Based upon the foregoing, the Zoning Administrator finds that the proposed alterations and expansion consisting of an approximately 78 square foot addition and outdoor shower to a portion of the structure sited within the westerly rear yard setback, all as shown on "Exhibit A", will not increase the nonconforming nature of the dwelling structure or the locus, and will not create any new nonconformities and hereby issues the permit as requested. This approval is subject to the following conditions: a. There shall be no exterior construction between Memorial Day and Labor Day of any given year relative to the construction contemplated under this decision; and b. The proposed alterations shall be performed in substantial accordance with Certificate of Appropriateness No. 69396 granted by the Nantucket Historic District Commission, as the same may be amended from time to time. Eleanor Weller Antonietti Zoning Administrator COMMONWEALTH OF MASSACHUSETTS Nantucket, ss On the 12 day of Fe- %fu 2W20 }8, before mq, the undersigned notary public, personally appeared 1= I o ar o rr e i I Q,, f't nf." I e* i 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 therein expressed. DORIS C. STRANG NotaryPublic Ot y Public: *Commonwealth oto f Massachusetts My Commission Expires: O o be �� 2a2O My commission Expires October 9, 2020 "EXHIBIT A" SO gigQ ja � w �] w F' Vi 83€a� W a O ii °fob �i 'o< ee U �'"•52 o Off, n �• �h 39 N- �° 4M .. RL-1$gO���6S_� � Q � �� ��: � a l9ag Y t © In 0 w\ 8 V eTrt 'S P� o + 11030 ��f'lSl !PIgY� m ry N3'Jyy°� dp eti �UC �1 7 `I K °°G26 /•, 0 g2 oC ��il V rjo Jeo 3log oil To w •0rgg �! m� } I 1i ^_ ^=LLQ ♦NNNr� �� 4 F f !h O a Uy X9i °cNh iWNWZZa°� 41 m< Zs FF N N JZ�O o �R K Zi•f01<T! wa UK 3ON r Ur 'TOWN CLERf. yc �� 2016 A Fr -9 PM 3: 2J �'9p0AA'f��� TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: March 28, 2018 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No.: 01-18 Owner/Applicant: TRILLIUM 88, LLC Property Description: 5 Nantucket Avenue Map 30, 252 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. -;9611 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, Parcel 252 5 Nantucket Avenue Residential One (R-1) DECISION: Deed Reference: Book 1405, Page 289 Plan File No. 43-U 1. At a public hearing of the Nantucket Zoning Board of Appeals (the "Board") opened at 1:00 P.M. on Thursday, January 11, 2018 and closed .on Thursday, March 8, 2018, in the Conference Room, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the application of TRILLIUM 88, LLC (the "Applicant"), c/o Cohen & Cohen Law PC, 34 Main Street, 2nd Floor, P.O. Box 786, Nantucket, MA 02554, in File No. 01- 18. 2. Applicant seeks relief by Special Permit pursuant to Zoning By-law Section 139-33.A to relocate, renovate, alter, and extend the pre-existing nonconforming structures within the side yard setback and to allow expansion which will increase the pre-existing nonconforming ground cover. The Locus is situated at 5 Nantucket Avenue and is shown on Tax Assessor's Map 30 as Parcel 252 and on Plan File 43-U. Evidence of owner's title is recorded in Book 1405, Page 289 on file at the Nantucket County Registry of Deeds. The site is zoned Residential One (R-1). 3. The Board's decision is based upon the application and accompanying materials, representations, and testimony received at the public hearing, including, without limitation, the testimony of the Applicant's neighbors who supported the application and requested the Board to allow for additional ground cover so that the Applicant could build a slightly wider house with a more limited second floor. There was no Planning Board recommendation, on the basis that no matters of planning concern were presented. No opposition, written or oral, was presented at the hearings. There were letters of support, both conditional and unconditional, submitted by abutters in advance of the hearing. 4. The Locus is an oversized lot of 6,790 square feet in the R-1 District, which requires only 5,000 square feet of lot area, and contains a dwelling with a ground cover of 2,193 square feet (a 32.3% ground cover ratio in a district that allows for 30% ground cover, which would be 2,037 square feet here), and with a "non -ground cover" shed of 114 square feet (a Ground Cover Ratio of 33.97% if the shed is counted). The dwelling and shed are both within the eastern side yard setback, as close as 1.0 foot in a district with a five (5) foot side yard setback. These 2 nonconformities pre -date the adoption of Nantucket's Zoning By-law in 1972, but the lot is otherwise dimensionally conforming. As currently configured, the Locus is over the allowed ground cover by 156 square feet and has an additional 114 square feet shed. 5. The Applicant has arranged to purchase an abutting eight (8) foot wide parcel to the south of the Locus to be merged with the lot. This acquisition would enlarge the lot by 536 square feet, resulting in 7,326 square feet of lot area. At 30% Ground Cover Ratio, this 536 square feet parcel would allow 161 square feet of additional ground coverage, except that since the Locus is currently 156 square feet over the 30% Ground Cover Ratio, this addition to the current lot would instead bring the existing ground cover into conformity (i.e., the additional ground cover of 2,193 would be absorbed by the existing grandfathered nonconformity by raising the 30% allowance to 2,198 square feet of ground cover). 6. The Applicant seeks Special Permit relief pursuant to Section 139-33A.2 of the Zoning By -Law to alter an existing structure or to build a new structure that will result in an increase in the pre-existing nonconforming ground cover ratio of the lot where the increase in ground cover ratio will not be substantially more detrimental to the neighborhood than the existing non- conformity; is consistent with the character of the surrounding neighborhood; and the change is conforming to other dimensional requirements of the Zoning By -Law. It should be noted that the Applicant initially also proposed to alter a pre-existing nonconforming structure upon the Locus within the setback pursuant to Section 139-33A.1 of the Zoning By -Law, but altered the plans to cure the setback encroachments, as shown on revised site plan entitled, "Proposed Conditions Site Plan to Accompany Zoning Board of Appeals Application in Nantucket, Mass.", dated April 4, 2018 and prepared by Blackwell and Associates, Inc., and attached herewith as "Exhibit A". 7. Applicant, through counsel, presented testimony at the public hearing on Thursday, January 11, 2018, and Thursday, March 8, 2018, proposed to: (i) demolish or renovate the existing structures to result in a single dwelling on the lot; (ii) add the new eight (8) foot strip of land to enlarge the lot by 536 square feet, to 7,326 square feet of lot area total upon the Locus; and (iii) obtain approval for a dwelling, as approved by the Historic District Commission (HDC), with a footprint of 2,590 square feet of ground cover, resulting in an approximate Ground Cover Ratio of 35.4%. 8. Based upon the facts set forth above, as presented by Applicant, the Board made the finding that the project consisting of renovation or demolition and reconstruction of the dwelling, with a proposed ground cover of roughly 2,590 square feet or a ground cover ratio of 35.4%, would not be substantially more detrimental to the neighborhood than the existing nonconformity, that the resulting ground cover is consistent with the character of the surrounding neighborhood, and that the structure is otherwise conforming to the dimensional requirements of the By-law. 3 9. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested SPECIAL PERMIT relief pursuant to By-law Section 139-33.A subject to the following conditions: a. There shall be no exterior construction between Memorial Day and Labor Day of any given year relative to construction contemplated under this decision; b. The second floor of the dwelling shall not expand beyond what has been approved by HDC; C. The new or renovated dwelling shall not encroach in the setbacks for the expanded lot as shown on "Exhibit A"; d. No additional shed shall be permitted without relief from the Board; and e. No further expansion of the ground cover shall be permitted without further relief from the Board. SX-SAIUKETAVEFLLOWS 4 Assessor's Map 30, Parcel 252 5 Nantucket Avenue Residential One (R-1) Dated: March 8, 2018 Nantucket, ss. Deed Reference: Book 1405, Page 289 Plan File No. 43-U Edward Toole, Chairman Geoff Thayer COMMONWEALTH OF MASSACHUSETTS On the -3C� day of M a.Y'C_ f% , 2018, before me, the undersigned notary public, personally appeared tiles -k poor '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 and deed and volun ily for the purposes therein expressed. r. -A A DORIS C. 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