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Home My WebLink About50-17 115 Washington Street�otapNTUC/,E� \ AAiE�`�� TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: January 12, 2018 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No.: 50-17 Owner/Applicant: 115 WASHINGSTON STREET EXTENSION LLC Property Description: 115 Washington Street Map 55.1.4 Parcel 39 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. Al Eleanor W. ietti, 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 55.1.4, Parcel 39 115 Washington Street Extension Residential Old Historic (ROH) DECISION: Deed Book 1572, Page 326 Lot 2 upon Plan Book 21, Page 118 Land of Dunham upon LC Plan 10452A 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, December 14, 2017, at 1:00 P.M., Four Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of 115 WASHINGTON STREET EXTENSION LLC, c/o Sarah F. Alger, P.C., Two South Water Street, Nantucket, Massachusetts, 02554, Ffle No. 050-17. 2. The Applicant seeks to modify a prior Special Permit decision to reflect provisions of the State Building Code, 9t' edition (CMR 780), that require two (2) feet of freeboard for 3 of the 4 approved dwellings to be constructed in the coastal high hazard area (V Zone on Flood Insurance Rate Maps) on the Locus. Prior relief issued in File No. 35-17 approved demolition and replacement of 6 pre-existing nonconforming structures with 4 new condominium dwelling units to be sited outside of all setbacks. The Locus is situated at 115 Washington Street and is shown on Tax Assessor's Map 55.1.4 as Parcel 39. Evidence of owner's title recorded in Book 1572, Page 326 on file at the Nantucket County Registry of Deeds. The Locus is zoned Residential Old Historic (ROH). 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, although one abutter did appear at the public hearing on File No. 35-17 and expressed concerns. 4. This Decision is intended to supersede and replace our decision in File No. 35-17. In that file, the Applicant sought and received a Special Permit under Nantucket Zoning By-law (the "By-law") §139-30 (Special Permits) and §139-33.A(1)(a) (Alteration and Extension of Pre- existing Nonconforming Uses and Structures) to alter and extend a pre-existing use on a pre- existing, nonconforming lot. The Applicant also sought and received a Special Permit under Bylaw § 139-183 (Parking) to the extent necessary, 2 5. The Locus is conforming as to lot area, having lot area of about 11,034 square feet, where a minimum of 5,000 square feet is required, but is nonconforming as to frontage, having frontage of about 49.58 feet, where 50 feet is required. The Locus is nonconforming as to use and parking, being currently improved by six (6) structures, four of which contain single-family dwellings, one of which was historically used as a dwelling but has been converted to use as a workshop, and a shed. No conforming parking spaces are currently provided. The existing structures on the Locus are nonconforming as to side yard setback, having varying side yard setbacks of about 2.5 feet at the furthest point to about 0.1 feet over the property line, where a minimum of five (5) feet is required. The structures otherwise conform to the dimensional requirements of the By-law, including front and rear yard setbacks and ground cover. As documented in the research materials submitted with the Application, four of the existing structures and their uses have been in existence since a time prior to 1972, and remaining structure and its use have been in existence for well over ten (10) years and as such are protected in accordance with the provisions of Mass. Gen. Laws c. 40A, §7. The Applicant proposes to (a) demolish all six (6) of the structures on the Locus and replace them with four (4) cottages, all of which will meet the dimensional requirements of the By-law, and (b) convert the four cottages to a condominium. Four conforming parking spaces, one per dwelling, will be provided on site. As so altered and expanded, the Locus will be less nonconforming. The structures will meet all dimensional requirements of the By-law, but their use as four separate dwelling units, now as part of a condominium, will continue to be nonconforming. 6. An attachment to the prior relief issued in File No. 35-17 failed to take into account amendments to the IRC (International Residential Code) that are specific to Massachusetts and incorrectly stated minimum elevations for structures in a V zone. This misstatement affected the three (3) proposed structures in the VE Zone (House A, House B, and House Q. As a result, the Applicant sought to modify and correct the relief granted in that file, and this decision is intended to supersede and replace the decision in that file. 7. Therefore, after a discussion with the Applicant, the Board finds that one (1) parking space per dwelling unit meets the requirements of By-law §139-18 in the ROH zoning district and that such Special Permit relief pursuant to By -Law §139-30 and §139-33.A(1)(a) to allow the project as proposed (demolition of all six (6) structures on the Locus and replacement of them with four (4) new cottages, all of which will meet the dimensional requirements of the By - 3 law pursuant to§139-16 and §139-17.C(7), (b) provision of four (4) 9'x20' conforming parking spaces as shown on the Site Plan, drawn by Blackwell & Associates, Inc., dated August 16, 2017, revised October 24, 2017, a copy of which is attached hereto as "Exhibit A" (the "Site Plan"), and (c) conversion of the four new cottages to a condominium) would be in harmony with the general purposes and intent of the By-law and would not be substantially more detrimental to the neighborhood than the existing nonconformity, the concerns of abutters being adequately addressed by the conditions imposed hereby. 8. Accordingly, by a UNANIMOUS vote, the Board of Appeals grants such SPECIAL PERMIT relief pursuant to By -Law §139-30 and §139-33.A(1)(a) to allow the project as proposed (demolition of all six (6) structures on the Locus and replacement of them with four (4) new cottages, all of which will meet the dimensional requirements of the By-law, (b) provision of four (4) 9'x20' conforming parking spaces as shown on the Site Plan, and (c) conversion of the four new cottages to a condominium), upon the following conditions: (a) All work shall be done in substantial conformity with the Site Plan. (b) The four (4) new cottages shall be constructed substantially in conformity with Certificates of Appropriateness Nos. 68534 (House A), 68535 (House B), 68386 (House C), and 68387 as modified by 69309 (House D), duly issued by the Nantucket Historic District Commission. (c) The four (4) new cottages shall be constructed substantially in conformity with the letter of AKF, dated December 5, 2017, a copy of which is attached hereto as "Exhibit B", as supplemented by the letter of Richard J. Craddock, dated December 13, 2017, a copy of which is attached hereto as "Exhibit C", such that the lowest horizontal structural member of each cottage in the VE Zone (House A, House B, and House C) is set at the minimum elevation allowed by applicable code, subject to a tolerance of 0.3' (11'- 11.3'), resulting in a minimum finished floor elevation of 12.2', subject to a tolerance of 0.3' (12.2'-12.5'), and such that the finished first floor of the cottage in the AE Zone (House D) is set at the minimum elevation allowed by applicable code, subject to a tolerance of 0.3' (9'-9.3'), which is achieved through the use of pressure -treated lumber. (d) There shall be no exterior construction between Memorial Day and Labor Day of any year. 4 Assessor's Map 55.1.4, Parcel 39 115 Washington Street Extension Residential Old Historic (ROH) Dated: December 14, 2017 Deed Book 1572, Page 326 Lot 2 upon Plan Book 21, Page 118 Land of Dunham upon LC Plan 10452A COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss Geoffrey W. hayer On the 85"" day of a -h _, 2018_, before me, the undersigned notary public, personally appeared kQ-yr , v;.n 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 signcAthe foregoing in4rt}ment voluntarily for the purposes therein expressed. ------- 'Official Signature and Seal of Utary Public DORIS C. STRANGE My commission expires: 10 109 12-02-0 Notary Public Commonwealth of Meuachusetts My Go nmiasion Expires 06tebef 9, 2020 EXHIBIT A Zoning Board of Appeals Decision 115 Washington Street Extension, LLC, 115 Washington Street Extension File No. 035-17 Site Plan, drawn by Blackwell & Associates, Inc., dated August 16, 2017, revised October 24, 2017 PGNUSETTg J W�b byO LL � ANO 6 O Qy t o W J Z m QPM ipg less!_x 3b� c WASHINGTON STREET (ORDER OF TAX/NC i—eus.. cocc av v..c.cxr DEED BK 520. FG. 269) Se EXTENSION y4 o tee$ z�C N� E— ^w n �fi hs �. . .0 EXTENSION y4 o tee$ z�C N� o \9 z �� S`�gE DoE � V Pg1P$y l4il$Llc / k GK vileHE EXHIBIT B Zoning Board of Appeals Decision 115 Washington Street Extension, LLC, 115 Washington Street Extension File No. 035-17 Letter of AKF, dated December 5, 2017 AKF December 5, 2017 Nantucket Zoning Board of Appeals 2 Fairgrounds Road Nantucket, MA 02554 Att: Edward S. Toole, Chairman Re: 1 WS 115 Washington St., Nantucket, MA Flood Zone Requirements Dear Mr. Toole, The project known as 1 WS, located at 115 Washington St. in Nantucket, involves construction of four single-family residential buildings. Three of these buildings are located in a VE -9 Zone as described by the National Flood Insurance Program (NFIP) Flood Insurance Rate Map, and the fourth building is in an AE -8 Zone. The following language from the Massachusetts 8th and 9th editions of 780 CMR provides the relevant elevation requirements. 780 CMR 8th Ed. (2009 IRC with MA amendments) R 322.2.1 Elevation requirements. 2. Buildings and structures in flood hazard areas designated as Coastal A Zones shall have the lowest floors elevated to or above the base flood elevation plus 1 foot, or to the design flood elevation, whichever is higher. R322.3.2 (MA Amendment) 1. All buildings and structures erected within coastal high hazard areas shall be elevated so that the lowest portion of all structural members supporting the lowest floor, with the exception of mat or raft foundations, piling, pile caps, columns, grade beams and bracing, is located at or above the design flood elevation plus two feet. 780 CMR 9th Ed. (MA amendment to 2015 IRC) R322.1.4 Establishing the Design Flood Elevation The design flood elevation in Massachusetts shall be as follows : 2. For A Zones, the design flood elevation shall be the base flood elevation plus one foot. See section R 322.2 for requirements. 3. For V Zones, the design flood elevation shall be the base flood elevation plus two feet. See section R322.3 for requirements. As these excerpts indicate, while the format has been altered the requirements have remained the same between the 8th and 9th editions. In either case, whether this project is 99 BEDFORD STREET, 2ND FLOOR, BOSTON, MA 02111 TEL 617.737.1111 FAX 617.737.4311 WWW.AKFGROUP.COM ARLINGTON, VA • BOSTON, MA • COLUMBUS, OH • MINNEAPOLIS, MN • NEW YORK, NY • PHILADELPHIA, PA • PRINCETON, NJ • ROCHESTER MN • STAMFORD, CT • MEXICO CITY. MX 0 Re: 1 WS Nantucket Coastal Project 115 Washington St. Nantucket, MA permitted under either the 8th or 9th edition of 780 CMR, the proposed structures located in the VE -9 zone must be located a minimum of two feet above the base flood elevation, and the structure located in the AE -8 zone must be located a minimum of one foot above the base flood elevation. It should be emphasized that, in both editions of the code, elevation is measured to the finished floor in a Coastal A zone whereas it is measured to the lowest portion of all structural members supporting the lowest floor (with exceptions for supporting structural elements) in a V zone. Based on these requirements the minimum design elevations for the four proposed structures at 115 Washington St. are as follows : Houses A, B and C (Zone VE -9) The lowest horizontal structural members of these buildings are required to be a minimum of 11' representing base flood elevation of 9' plus 2', resulting in a projected minimum finished floor elevation of 12.2'. House D (Zone AE -8) The Base Flood Elevation in this zone is 8' above sea level, therefore the first finished floor elevation is required to be a minimum of 9'. Please let me know if you have any questions regarding this matter. Very truly yours, AKF Group LLC Vernon Woodworth FAIA 99 BEDFORD STREET, 2ND FLOOR, BOSTON, MA 02111 TEL 617.737.1111 FAX 617.737.4311 WWW.AKFGROUP.COM ARLINGTON, VA • BOSTON, MA • COLUMBUS, OH • MINNEAPOLIS, MN • NEW YORK, NY • PHILADELPHIA, PA • PRINCETON, NJ • ROCHESTER MN • STAMFORD, CT • MEXICO CITY, MX EXHIBIT C Zoning Board of Appeals Decision 115 Washington Street Extension, LLC, 115 Washington Street Extension File No. 035-17 Letter of Richard I Craddock, dated December 13, 2017 December 13, 2017 Zoning Board of Appeals 2 Fairgrounds Road Nantucket, MA 02554 Attention: Edward S. Toole, Chairman 1 WS, 115 Washington Street Map 39 - Parcel 55.1.4 Nantucket, MA 02554 To Whom It May Concern, We are writing to supplement the letter to you from AKF, dated December 5, 2017, to establish tolerances for the construction of the four cottages at the above property. House A, House B, and House C, Zone VE -9 The lowest horizontal structural member of House A, House B, and House C, which will be located in Zone VE -9, is to be between Elevation 11' and 11.3'. Projected finished first floor is to be between Elevation 12.2' and 12.5'. House D, Zone AE -8 The Finished First Floor Elevation of House D which is located in Zone AE -8 is to be between Elevation 9' and 9.3'. Kind Regards, M Richard J. Craddock Ridgevale Development, LLC. General Contractor