HomeMy WebLinkAbout04-18 DecisionN.ANiUU
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: March 8, 2018
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No.: 04-18
Owner/Applicant: NORMAN T. GAUVIN and GENEVIEVE L. GAUVIN
Property Description:
4 Gold Star Drive
Maty 55, Parcel 194
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 55, Parcel 194
3 Gold Start Drive
Residential -Ten (R-10)
DECISION:
Book 1583, Page 52
Lot 3
Plan Book 15, Page 46
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, February 8,
2018, at 1:00 P.M., 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 Norman T. Gauvin and Genevieve L. Gauvin, 3 Gold Star Drive, Nantucket,
Massachusetts 02554, File No. 04-18:
2. The Applicant is seeking Special Permit relief pursuant to By-law Sections 139-7(a),
139-30, and 139-33.A to allow the alteration, vertical expansion, and change of use of a pre-
existing nonconforming garage structure to a residential use. Applicant proposes to demolish and
convert the garage, which is pre-existing nonconforming as to the side yard setbacks, into a two
story second dwelling without altering the existing footprint. The garage, as so altered, will not
be any closer to the side -yard lot lines. The Locus, an undersized lot of record, situated at 3 Gold
Star Drive, is shown on Assessor's Map 55, as Parcel 194, and is identified as Lot 3 in Plan Book
15, Page 46 on file at the Nantucket County Registry of Deeds. Evidence of owner's title is
recorded in Book 1583, Page 52 at the Registry of Deeds. The parcel is zoned Residential -Ten
(R-10).
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. The Locus, as shown on plan entitled, "Site Plan in Nantucket, Massachusetts" prepared
for: Norman T. Gauvin and Genevieve L. Gauvin, by Bracken Engineering, Inc., and dated April
6, 2017, attached hereto as "Exhibit A" (Site Plan), is a pre-existing nonconforming undersized
lot of record having an approximate lot area of 6,580 square feet in the Residential Ten (R-10)
zoning district where minimum lot size is 10,000 square feet. The lot is improved with two (2)
pre-existing nonconforming structures, a single-family primary dwelling and a garage (subject
structure), both of which are sited within the ten (10) foot side yard setbacks and, in the case of
the primary dwelling, also within the twenty (20) foot front yard setback. The Primary Dwelling
2
has ground cover of approximately 980 square feet and the garage has ground cover of
approximately 535 square feet, for total ground cover of roughly 1,515 square feet or 23% where
maximum allowable ground cover ratio is 25%.
5. As explained by Applicant's legal representative, the Applicant is seeking approval to
convert a pre-existing nonconforming garage structure into a residential use as a secondary
dwelling and to allow for the alteration and expansion of said structure. The scope of the project
consists of demolishing the existing single story garage, leaving the foundation intact for re -use.
The existing garage is sited as close as 9.1 feet from the side yard lot line. The proposed structure
will be sited in the same footprint, having the same ground cover of 535 square feet. The new
two-bedroom dwelling will have an approximate height of 22'-5". Consequently, the structure,
as proposed, will be taller than the existing garage, thus resulting in a vertical extension of the
structure within the side yard setback.
6. Therefore, the structure will be sited no closer than the existing garage and the setback
encroachments will not be made worse. The Locus is and will remain compliant as to ground
cover. The total adjusted parking requirement, including the proposed second dwelling, pursuant
to Section 139-18.13, will be four (4) spaces, which will be provided upon the premises.
7. The project benefits from approval by the Historic District Commission ("HDC") by
virtue of Certificate of Appropriateness No. 69335 for the demolition and No. 69359 for the new
dwelling. There was some discussion about the location of the front stoop / step for the structure,
as shown on plans approved by the HDC, a portion of which will be within the front yard
setback. However it does not meet the definition of Structure and therefore does not require
relief. Pursuant to passage of Article 18 at the 2017 Special Town Meeting, the definition of
structure in Section 139-2.A was amended, cited in pertinent part below:
Anything constructed or erected, the use of which requires a fixed location on
the ground. "Structure" shall be construed, where the context allows, as
though followed by the words "or part thereof' and shall include, but not be
limited to, buildings, retaining walls which support buildings, platforms, more
than two steps providing access to a structure that in total are more than 10
feet in length and two feet in depth in all districts except for R-40, LUG -1,
L UG -2, L UG -3, and MMD, [... ]
8. In consideration of the testimony received at the hearing and the above -referenced Site
Plan, the Zoning Board of Appeals made a determination that the requested relief may be granted
based upon the findings that the proposed project will not make the existing nonconforming
setback distances more nonconforming and will not be substantially more detrimental to the
neighborhood than the existing nonconformities.
3
9. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested SPECIAL
PERMIT relief pursuant to the provisions of Zoning By-law Section 139-7(a), 139-30, and 139-
33.A to convert the pre-existing nonconforming garage structure to a residential use and to alter
and vertically expand said structure within the side yard setback without coming any closer to
the lot line than the existing structure, subject to the following conditions:
a. The work shall be performed in substantial conformance with plans approved in
connection with HDC Certificate of Appropriateness No. 69359, as the same may
amended from time to time.
b. There shall be no further expansion within the side yard setback without relief
from this Board.
• ' : I�If/LI]`�'L•�
4
Assessor's Map 55, Parcel 194
3 Gold Start Drive
Residential -Ten (R-10)
Dated: February 8, 2018
Nantucket, ss.
Book 1583, Pae 52
Lot 3
Plan Book 15, Page 46
Michael O'Mara
ze-'o, -
* _;0C_
M Po r
COMMONWEALTH OF MASSACHUSETTS
On the ZS ' day of , 2018, before me, the pursuant signed notary public,
personally appeared �-C jL_"b71—
bnLi ,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.
Notary Pub y. v
My Commi io Expires:
� TIIEGAN O'SHEA
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'EXHIBIT A"
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NOTES:
,AH OF
L OWNER: NORMAN T. GAUVIN
o ALAN M N
GENEVIEVE L. GAUVIN
3 COLD STAR DRIVE
o GRADY
NANTUCKET, MA 02554
v No. 37732 'n
2. DEED REF: Bk:1583 P9:52
A�OFess�0
3. PLAN REF: Bk: 15 Pg: 46 (LOT 3)
��yOP
4, LOCUS DOES NOT FALL VdTHIN A SPECIAL
FLOOD HAZARD ZONE AS SHOWN ON FEIAA
FLOOD INSURANCE RATE MAP No.
ZONE: R—
250190—DOag—G doted 06/09/2014.
REQUIRED
5. SURVEY PERFORMED ON APRIL 24. 2007
LOT AREA: 10,000 s.f.
FRONTAGE: 75'
PLAN SCALE
FRONT YARD: 20'
SIDE YARD: 10'
0 4 8 12 16 20 30 40 60
1
REAR YARD: 10'
X 1 1 1 1 1 1 1
GROUND COVER: 257.(MAX)
(1,645 SF.)
1 inch - 20 feet
SITE PLAN
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1N NANTUCKET, MASSACHUSETTS
NORMAN T. GAUVIN
49 HERRING POND ROAD 19 OLD SOUTIi ROAD_
o GENEVIEVE L. GAUVIN
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'BUZZARDS BAY, MA 02532 NANTUCKET, IAA 02554
L # 3 GOLD STAR DRIVE
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(tel) 506-833-0070 (tet) SD8-325-0044
(fox) 608-833-2282 whw.brackeneng,com
MAP 55 PARCEL 194
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