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HomeMy WebLinkAbout26-17 33 Orange St extension cross filedFile No. 2 - Print Form TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA. 02554 quz, i Map Parcel v =- This agreement to extend the time limit for the Board of Appeals to make a decision, hold a public hearing, or to take other action concerning the application of: -5/. Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A of the Massachusetts General Laws, Applicants)/Petitioner(s) and the Zoning Board of Appeals hereby agree to extend the time limit O For a public hearing on the application 0 For a writtendecision O For other action Such application is: O An appeal from the decision of any administrative official 0 A petition for a special permit O A petition for a variance O An extension O A modification The new time limit shall be midnight on lj� i./ _ ,which is not earlier than a time limit set by statute or bylaw. The Applicant (s), attorney, or agent for the Applicant represented to be duly authorized to act in this matter for the applicant, in executing this agreement waives any rights under the Nantucket Zoning Bylaw and the State Zoning Act, as argend d, to the extent, but only to e extent, inconsistent with this afire ent. n docG�P[- For Applicalit (s) For 'Zoning Board of Appeals Town Clerk Stamp: Effective Date of Agreement 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile File No. - TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 Map Parcel Print form r 0 This agreement to extend the time limit for the Board of Appeals to make a decision, hold a public hearing, or to take other action concerning the application of: � c a. P4 -TON - i asrm S. WON, M 00AAKe s; t Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A of the Massachusetts General Laws, Applicants)/Pedtioner(s) and the Zoning Board of Appeals hereby agree to extend the time limit O For a public hearing on the application 0 For a written decision fia �_ -• O For other action TIW� Such application is: O An appeal from the decision of any administrative official • A petition for a special permit O A petition for a variance O An extension O A modification The new time limit shall be midnight on V ' 2. 0 which is not earlier than a time limit set by statute or bylaw. The Applicant (s), attorney, or agent for the Applicant represented to be duly authorized to act in this matter for the applicant, in executing this agreement waives any rights under the Nantucket Zoning Bylaw and the State Zonin ct, as amended, to the extent, but only to the extent, inconsistent with this agreement. Fore t / • •.L _1 For Zoning Board oT-Appeals&%`r, iv, W n fQsf �A ""'/" �/ ' Town Clerk Stamp: Effective Date of Agreement 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile File No. - Print Form TOWN OF NANTUCKET z BOARD OF APPEALS �` z NANTUCKET, A 02554 �C-)M map! Parcel �V ` O This agreement to extend the time limit for the Board of Appeals to make a decision, hold a public hearing, or to take other action concerning the application of t Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A of the Massachusetts General Laws, Applicant(s)/Petitioner(s) and the Zoning Board of Appeals hereby agree to extend the time limit O For a public hearing on the application • For a written decision O For other Such application is: O An appeal from the decision of any administrative official A petition for a special permit O A petition for a variance O An extension O A modification The new time limit shall be midnight on V/ ' V O/ 8 , which is not earlier than a time limit set by statute or bylaw. The Applicant (s), attorney, or agent for the Applicant represented to be duly authorized to act in this matter for the applicant, in executing this agreement waives any rights under the Nantucket Zoning Bylaw and the State ZoninfA ct, as amended, to the extent, but only to the extent, inconsistent with this agreement. For �p t /( n For Zonuig Board o Appeals _ ' Effective Date of Agreement W Town Clerk Stamp: 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile NANT UC ;E i TOWN C1 ERK ( 2611 Jilt 13 PM 1: 19 `` TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date : July 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 . : 26-17 Owner/Applicant: SCOTT B. PATON and KRISTIN S . PATON Property Description: 33 Orange Street Map 42 . 3 . 2 , Parcel 199 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 . /� / - ria`_ _ \ 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 42.3.2, Parcel 199 Deed Reference: Book 1570, Page 270 33 Orange Street Plan Book 16, Page 81 Residential Old Historic (ROH) DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals (the "Board") opened at 1:00 P.M. on Thursday, August 10, 2017 and closed on Thursday, June 14, 2018, in the Conference Room, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the application of SCOTT B. PATON and KRISTIN S. PATON (the "Applicant"), 48 Brewster Street, Cambridge, Massachusetts 02138, in File No. 26-17. 2. Applicant seeks relief by Special Permit pursuant to Zoning By-law Sections 139-30 and 139-33.A in order to alter the pre-existing nonconforming dwelling structure. Specifically, applicant proposes to renovate and build a 2-story addition and basement on the south and west elevations. A portion of the work will take place within the northerly side yard setback. The dwelling will be no closer to the northerly side yard lot line than the existing structure as a result of the proposed work. The Locus, an undersized lot of record, is situated at 33 Orange Street, is shown on Tax Assessor's Map 42.3.2 as Parcel 199, and as Lot 470 upon Plan Book 16, Page 81. Evidence of owner's title recorded in Book 1570, Page 270 on file at the Nantucket County Registry of Deeds. The site is zoned Residential Old Historic (ROH). 3. The Board's decision is based upon the application and accompanying materials, representations, and testimony received at the public hearings. There was no Planning Board recommendation, on the basis that no matters of planning concern were presented. A direct abutter expressed concern with the initial proposal but supported, in writing, the modified proposal which was ultimately approved. 4. The Locus as shown on plan entitled, "As-Built Plot Plan, Nantucket, MA.; 33 Orange Street", prepared by Joseph Marcklinger, PLS, dated December 16, 2016, and revised May 3, 2018, and attached herewith as "Exhibit A", is a pre-existing nonconforming undersized lot of record, with a lot area of approximately 4,002 square feet in the ROH where minimum lot size is 5,000 square feet. Locus has 37.26 feet of frontage onto Orange Street where minimum required frontage is fifty (50) feet. The premises are improved with an historic (said to be circa 1760)pre- existing nonconforming two-story dwelling unit and detached shed. More specifically, the 2 dwelling is sited as close as 0.3 feet from the northerly side yard lot line where a five (5) foot side yard setback is required. The shed in the southwest corner of the lot is sited as close as 0.6 feet from the westerly rear yard lot line and as close as 0.4 feet from the southerly side yard lot line. No alterations are proposed to the shed. The existing ground cover ratio upon the lot is 30.6% where the maximum allowable is 50% or 1,500 square feet in the case of an undersized lot of record. The Locus will remain conforming as to ground cover subsequent to the proposed alterations. 5. At the initial public hearing ("IPH") on August 10, 2017, Applicants' attorney explained that the proposal was to `raise' the structure in order to install an eight (8) foot basement under the rear portion and put it back down no closer to lot line than the existing structure. The Historic District Commission ("HDC") approved the project by virtue Certificate of Appropriateness ("COA") No. 67837. The Applicants had engaged a structural engineer to do drawings and look at neighboring properties that could be negatively impacted by the project. The plan was said to be to apply a conventional approach to install a frost wall at the building line and a basement between four and five (4 — 5) feet back. At the time of the IPH, the project was being put out to bid to contractors. A direct abutter spoke at that hearing and voiced concerns about the digging of a new basement so close to the shared property line and the structural integrity of his house. The Board was not comfortable with granting relief at that time without further information on construction protocols and further suggested that applicant talk to all neighbors. 6. The hearing was continued for several months and re-opened on March 8, April 12, and May 10, 2018. Over the course of these hearings, the Applicant clarified that the proposal consists of `razing' (not `raising') a portion of the rear ell in order to build an addition. The project will result in expansions on the westerly rear and northerly and southerly side elevations. Although there will be a vertical expansion within the northerly side yard setback, the dwelling will be no closer to the northerly side yard lot line than the existing structure as a result of the project. The Board requested additional information specific to the proposed construction methodology, engineering protocols, contractual assurances with the construction engineering firm, and commitment to protect the abutter's property during any excavation. 7. Prior to the May 10th hearing, the Applicant submitted a revised proposed conditions plan entitled, "Proposed Plot Plan, Nantucket, MA.; 33 Orange Street", prepared by Joseph Marcklinger, PLS, dated May 24, 2017, and revised May 3, 2018, and attached herewith as "Exhibit B", which shows the proposed expanded dwelling as having a ground cover of 1,697 square feet. The existing ground cover ratio upon the lot is 30.6% where the maximum allowable is 50% or 1,500 square feet in the case of an undersized lot of record, whichever is greater, which in this case is 2,001 square feet (50% of 4,002 square feet). Therefore, the Locus will remain conforming as to ground cover subsequent to the proposed alterations. 3 8. At the May 10th hearing, the Board reminded the applicant to seek approval from the HDC to amend the previous COA. The Applicant submitted an updated application to the HDC, having revised the project to materially change the scope of the alterations. The plans were approved and the project was granted new COA No. 70376. 9. Essentially,the revised proposal consists of moving the rear addition slightly further from the lot line than the existing rear ell of the structure to bring it into alignment with the main mass of the dwelling. The new addition will be sited no closer than 1.4 feet from the northerly lot line. Although the setback intrusion would not be cured, this proposal reduces the massing within the northerly side yard setback. This revised project is said to preclude any need to encroach on the northern abutter's property during the work. The Applicants contacted the Abutter to inform him of the changed scope of work and he subsequently submitted an email (dated May 4, 2018) indicating approval of the revised project. 10. As presented by Applicant, the project consists of demolition and reconstruction of the rear ell of the dwelling, resulting in a total ground cover of roughly 1,697 square feet (ground cover ratio of 42.4%), and sited no closer than 1.4 feet from the northerly side yard lot line. Therefore, in consideration of the testimony received at the hearing and based upon the above- referenced Proposed Conditions Site Plan, the Board made a determination that the requested relief may be granted pursuant to the findings that the proposed project will not make the existing nonconforming setback distance more nonconforming, and will not be substantially more detrimental to the neighborhood than the existing nonconformities. 11. 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 during Memorial Day weekend and between June 1st and Labor Day of any given year relative to construction contemplated under this decision; b. The foundation of the rear ell shall be constructed substantially as shown on plan entitled, "Foundation Plan; Addition and Renovation to 33 Orange Street, Nantucket, MA.", prepared by ASAP Engineering & Design Co., Inc., dated April 12, 2018, and revised May 3, 2018, and attached herewith as "Exhibit C"; c. The work shall be performed in substantial conformance with plans approved in connection with HDC Certificate of Appropriateness No. 70376, as the same may amended from time to time, and as shown on above-referenced"Exhibit B". NA - -+--- 'A -- - 4 Assessor's Map 42.3.2, Parcel 199 Deed Reference: Book 1570, Page 270 33 Orange Street Plan Book 16, Page 81 Residential Old Historic (ROH) Dated: June 14, 2018 f/ 1114 Ed ,:f• oole •Lisa Botticelli S; 1i5Ca 1 y - Ilk u. MieS'Mara 4 _.- 4 ' l/ KI... Geoff Thayer COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. 0120 On the IZ day o , 2018, before me, the undersigned notary public, personally appeared t.( 7 '(. , 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 voluntarily for the purposes therein expressed. / I ,. ./c/c.............. aJ�`^Y n` Official Signature and Seal of Notary Public My commission expires: YLESLIE WOODSON SNELL t ^ NOTARY PUBLIC j 1 ; I mmEHOFSeµ 2ISSACHUSETTS 8,2018(4 5 "EXHIBIT A" 0 20 40 60 °D SCALE 1 INCH=20 FEET w oQ 0.. & I CERTIFY THAT THE BUILDINGS i) ARE LOCA`• AS SHOWN HEREON Y "yp.-HOF\ o °� ... s s.. i // ' �'' J ,.•9: T!, gIN•rtei4.L.s. E• SS , A�E 7 NAND MAP 42 3.2 PARCEL 174 I I I I . 'C',. o N8845Y0W �—� I / m ' " �" --s 58]06'30"W + _ N867650 W IlRO,Y W 29.94' r 32.55' 'T P'FE W IRON 40.26' I MAP 42.3.2 19. PIPE CC PARCEL 173 3 #33 Co� 'ry • 2 STORY W u S, ti II WOOD N h v V. "moi CRWL. EH '. BUILDING h '5 ENT ig W AREA = 4,002 SOFT. W ' •4 5 0 _.—_.— 12.57 N88'59'30"E SHED . oBRICK Z PARKING N O2 m N // / 56.81' •F.t' _ _ B-477. �.�L o O3.1..,/ - d N8934'35"E WOOD CONC. N89'I2'35"E 585731 13.E ora O, FENCE BOUND i 0 MAP 42.3.2 a '.;o PARCEL 198 i I MAP 42.32 PARCEL 215 ZONING CLASSIFICATION: ROH MINIMUM LOT SIZE = 5.000 50. FT. MINIMUM FRONTAGE = 50 FT. FRONT YARD SETBACK = 0 FT. REAR YARD SETBACK = 5 FT. SIDE SETBACK = FT. GR UNDRDCOVER RATIO 5 50% "AS-BUILT" PLOT PLAN EXISTING GROUND COVER RATIO = 30.6% NANTUCKET, MA. (NANTUCKET COUNTY) SCALE 1 IN.= 20 FT 33 ORANGE STREET DECEMBER 16, 2016 MAY 3, 2018 REVISED JOSEPH MARCKLINGER P.L.S. PLAN BK. 16, PAGE 81 DEED BOOK 1570, PAGE 270 J. MARCKLINGER & ASSOCIATES, INC. PROFESSIONAL LAND SURVEYORS ASSESSORS MAP 42.3.2, PARCEL 199 P.O.BOX 896 NANTUCKET, MA. 02554 PREPARED FOR: SCOTT P. & KRISTIN S. PATON (310) 945-7054 "EXHIBIT B" 0 20 40 60 SCALE 1 INCH=20 FEET w 0 a I CERTIFY THAT THE BUILDINGS ARE • MB AS SHOWN HEREON * •K ea- lir t1 M p3 q RF \\Z FSSiONA� MAP 42.3.2 PARCEL 174 58706'30"W 29.94' I N88'45'10"W 3255'PA_ 3"c- . I L • I f _ N8626 50 W ' I IRON W P, I 1 ')PIPE 11 1 74.�_ 40.26' LLJ MAP 42.3.2 PARCEL 173 a cc PROPOSED FOUNDATION #33 STOR Vl '.�. N PLAN DATED:4.26.18 2WOOD Y4,3 W N y 0-) BUILDING W N88'59'30"E SHED / 0o = BRICK Ln AREA = 4,002 SOFT. L PARKING u m _ ' 56.81' 0 0 0 N89'34'35"E WOOD CONC. N891235"E S85'0113"E o m FENCE BOUND O MAP 42.3.2 I PARCEL 198 MAP 42.3 2 PARCEL 215 ZONING CLASSIFICATION: ROH MINIMUM LOT SIZE = 5,000 SQ. FT. MINIMUM FRONTAGE = 50 FT. FRONT YARD SETBACK = 0 FT. REAR YARD SETBACK = 5 FT. SIDE YARD SETBACK = 5 FT. GROUND COVER RATIO = 50% "PROPOSED" PLOT PLAN PROPOSED GROUND COVER = 1,697 SQ.FT. NANTUCKET, MA. (NANTUCKET COUNTY) SCALE 1 IN.= 20 FT 33 ORANGE STREET MAY 24, 2017 MAY 3, 2018 (REVISED*) JOSEPH MARCKLINGER P.L.S. PLAN BK. 16, PAGE 81 DEED BOOK 1570, PAGE 270 J. MARCKLINGER & ASSOCIATES, INC. PROFESSIONAL LAND SURVEYORS ASSESSORS MAP 42.3.2, PARCEL 199 P.O.BOX 896 NANTUCKET, MA. 02554 OWNER: SCOTT P. & KRISTIN S. PATON (310) 945-7054 "EXHIBIT C" — r1 11 r . L__ 0 _ 1.. n 1 1 z • ➢ .6' O :.:1 D O .» Z ;) ► P. i ..:. --. ,. , 1.-, . .,, ' -,.. :' `1 fn >1 i i T J V ';i. [ 1 Z e I , fe f: . I 4> I I I . : I Ie 6 /I i aE ti sl Ant'"` FOUNDATION PLAN F w. ASAI Engneenng& s -,y ` Desi n Co.,Inn. 03 I S [ ADDITION&RENOVATION TO Suite Three-155 east Grove street-Route 28 d 2 YlUaleboro h,W 02316 33 ORANGE STREET j i c r. NANTUCKET,MA L Telephone 5Ge-Ge6 2651 Far 5o8_46-1653 "EXHIBIT C" $-Z- $ S cfl G'v .0 9 Z ' is y 'Io ii':,11111 Z m ill Z lit it .. &'' 4 s'q 5 .11 % •i } ,i'41. O .,... . - , • In7Nhfh f!i ... .wiemil % ' O ,�y 'w 9 z j1 L] '•91 iy i4. �i Z 1. 17 z w .Aie PROPERrtNE' PROPERTY IAF /,- ., TJ IA .A}' ei »,, Rg s € It : y4. ! Oe c.•L :.! Z I. O 7 O {' Nt rwc 7??YIVIR restix FROPE(RYIINE ... ;v y ` - i 3 • o • F o WY / PROPE uVINE 1 n Q PROMO,'IAF Ia -g r, $g 211E 4 x8E% Ipg No g W b ff v rff 11sl I Sheet„rN M tia� FOUNDATION SECTIONS ASAP Enlneering& I w,.,, ,..,E Des1 n Co., Cl) I z ADDITION&RENOVATION TO �' suite Three•155 East Grave street Route 23 - 33 ORANGE STREET Ui8-945'rcg'h,W 02316 4, 4 Y NANTUCKET,MA telepho.re _08 945 356' • Fa, 50e 916 653 ♦ IV 1 \ ' 1� NAN4i UCK T Cx4� zl N C 1-2-R.F. Cz 2618 JU 13 PMI : In y ��9poflAj�° TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: July 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.: 26-17 Owner/Applicant: SCOTT B. PATON and KRISTIN S. PATON Property Description: 33 Orange Street Map 42.3.2, Parcel 199 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 42.3.2, Parcel 199 33 Orange Street Residential Old Historic (ROH) DECISION: Deed Reference: Book 1570, Page 270 Plan Book 16, Page 81 1. At a public hearing of the Nantucket Zoning Board of Appeals (the "Board") opened at 1:00 P.M. on Thursday, August 10, 2017 and closed on Thursday, June 14, 2018, in the Conference Room, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the application of SCOTT B. PATON and KRISTIN S. PATON (the "Applicant"), 48 Brewster Street, Cambridge, Massachusetts 02138, in File No. 26-17. 2. Applicant seeks relief by Special Permit pursuant to Zoning By-law Sections 139-30 and 139-33.A in order to alter the pre-existing nonconforming dwelling structure. Specifically, applicant proposes to renovate and build a 2 -story addition and basement on the south and west elevations. A portion of the work will take place within the northerly side yard setback. The dwelling will be no closer to the northerly side yard lot line than the existing structure as a result of the proposed work. The Locus, an undersized lot of record, is situated at 33 Orange Street, is shown on Tax Assessor's Map 42.3.2 as Parcel 199, and as Lot 470 upon Plan Book 16, Page 81. Evidence of owner's title recorded in Book 1570, Page 270 on file at the Nantucket County Registry of Deeds. The site is zoned Residential Old Historic (ROH). 3. The Board's decision is based upon the application and accompanying materials, representations, and testimony received at the public hearings. There was no Planning Board recommendation, on the basis that no matters of planning concern were presented. A direct abutter expressed concern with the initial proposal but supported, in writing, the modified proposal which was ultimately approved. 4. The Locus as shown on plan entitled, "As -Built Plot Plan, Nantucket, MA.; 33 Orange Street", prepared by Joseph Marcklinger, PLS, dated December 16, 2016, and revised May 3, 2018, and attached herewith as "Exhibit A", is a pre-existing nonconforming undersized lot of record, with a lot area of approximately 4,002 square feet in the ROH where minimum lot size is 5,000 square feet. Locus has 37.26 feet of frontage onto Orange Street where minimum required frontage is fifty (50) feet. The premises are improved with an historic (said to be circa 1760) pre- existing nonconforming two-story dwelling unit and detached shed. More specifically, the N dwelling is sited as close as 0.3 feet from the northerly side yard lot line where a five (5) foot side yard setback is required. The shed in the southwest corner of the lot is sited as close as 0.6 feet from the westerly rear yard lot line and as close as 0.4 feet from the southerly side yard lot line. No alterations are proposed to the shed. The existing ground cover ratio upon the lot is 30.6% where the maximum allowable is 50% or 1,500 square feet in the case of an undersized lot of record. The Locus will remain conforming as to ground cover subsequent to the proposed alterations. 5. At the initial public hearing ("IPH") on August 10, 2017, Applicants' attorney explained that the proposal was to `raise' the structure in order to install an eight (8) foot basement under the rear portion and put it back down no closer to lot line than the existing structure. The Historic District Commission ("HDC") approved the project by virtue Certificate of Appropriateness ("COA") No. 67837. The Applicants had engaged a structural engineer to do drawings and look at neighboring properties that could be negatively impacted by the project. The plan was said to be to apply a conventional approach to install a frost wall at the building line and a basement between four and five (4 — 5) feet back. At the time of the IPH, the project was being put out to bid to contractors. A direct abutter spoke at that hearing and voiced concerns about the digging of a new basement so close to the shared property line and the structural integrity of his house. The Board was not comfortable with granting relief at that time without further information on construction protocols and further suggested that applicant talk to all neighbors. 6. The hearing was continued for several months and re -opened on March 8, April 12, and May 10, 2018. Over the course of these hearings, the Applicant clarified that the proposal consists of `razing' (not `raising') a portion of the rear ell in order to build an addition. The project will result in expansions on the westerly rear and northerly and southerly side elevations. Although there will be a vertical expansion within the northerly side yard setback, the dwelling will be no closer to the northerly side yard lot line than the existing structure as a result of the project. The Board requested additional information specific to the proposed construction methodology, engineering protocols, contractual assurances with the construction engineering firm, and commitment to protect the abutter's property during any excavation. 7. Prior to the May 10'h hearing, the Applicant submitted a revised proposed conditions plan entitled, "Proposed Plot Plan, Nantucket, MA.; 33 Orange Street", prepared by Joseph Marcklinger, PLS, dated May 24, 2017, and revised May 3, 2018, and attached herewith as "Exhibit B", which shows the proposed expanded dwelling as having a ground cover of 1,697 square feet. The existing ground cover ratio upon the lot is 30.6% where the maximum allowable is 50% or 1,500 square feet in the case of an undersized lot of record, whichever is greater, which in this case is 2,001 square feet (50% of 4,002 square feet). Therefore, the Locus will remain conforming as to ground cover subsequent to the proposed alterations. U 8. At the May I Wh hearing, the Board reminded the applicant to seek approval from the HDC to amend the previous COA. The Applicant submitted an updated application to the HDC, having revised the project to materially change the scope of the alterations. The plans were approved and the project was granted new COA No. 70376. 9. Essentially, the revised proposal consists of moving the rear addition slightly further from the lot line than the existing rear ell of the structure to bring it into alignment with the main mass of the dwelling. The new addition will be sited no closer than 1.4 feet from the northerly lot line. Although the setback intrusion would not be cured, this proposal reduces the massing within the northerly side yard setback. This revised project is said to preclude any need to encroach on the northern abutter's property during the work. The Applicants contacted the Abutter to inform him of the changed scope of work and he subsequently submitted an email (dated May 4, 2018) indicating approval of the revised project. 10. As presented by Applicant, the project consists of demolition and reconstruction of the rear ell of the dwelling, resulting in a total ground cover of roughly 1,697 square feet (ground cover ratio of 42.4%), and sited no closer than 1.4 feet from the northerly side yard lot line. Therefore, in consideration of the testimony received at the hearing and based upon the above - referenced Proposed Conditions Site Plan, the Board made a determination that the requested relief may be granted pursuant to the findings that the proposed project will not make the existing nonconforming setback distance more nonconforming, and will not be substantially more detrimental to the neighborhood than the existing nonconformities. 11. 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 during Memorial Day weekend and between June 1St and Labor Day of any given year relative to construction contemplated under this decision; b. The foundation of the rear ell shall be constructed substantially as shown on plan entitled, "Foundation Plan; Addition and Renovation to 33 Orange Street, Nantucket, MA.", prepared by ASAP Engineering & Design Co., Inc., dated April 12, 2018, and revised May 3, 2018, and attached herewith as "Exhibit C"; C. The work shall be performed in substantial conformance with plans approved in connection with HDC Certificate of Appropriateness No. 70376, as the same may amended from time to time, and as shown on above -referenced "Exhibit B". Eli Assessor's Map 42.3.2, Parcel 199 33 Orange Street Residential Old Historic (ROH) Dated: June 14, 2018 Nantucket, ss. Deed Reference: Book 1570, Page 270 Plan Book 16, Page 81 Lisa Botticelli Su CC a y _ u' Mi'da el 'Mara . Geoff Thayer COMMONWEALTH OF MASSACHUSETTS On the 12— 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 and deed and voluntarily for the purposes therein expressed. V,�� Official Signature and Seal of Notary Public My commission expires: -C'-\ LESLIE WOODSON SNELL NOTARY PUSLIC CO&WIME&TH OF M, ANsAD+u MS f.Sy comm. EXPINS Sept 28* 2018 0 20 40 60 iiiiiii SCALE 1 INCH = 20 FEET MAP 42.3.2 PARCEL 174 EXHIBIT A' I CERTIFY THAT THE BUILDINGS ARE LOC HOWN HEREON E ��o LAND %V MAP 42.3.2 PARCEL 215 ZONING CLASSIFICATION: ROH MINIMUM LOT SIZE = 5,000 SO. FT- M NIMUM T.MNIMUM FRONTAGE = 50 FT. FRONT YARD SETBACK = 0 FT. REAR YARD SETBACK = 5 FT. SIDE YARD SETBACK = 5 FT. GROUND COVER RATIO - 50% EXISTING GROUND COVER RATIO = 30.6% JOSEPH MARCKLINGER P.L.S. J. MARCKLINGER & ASSOCIATES, INC. PROFESSIONAL LAND SURVEYORS P.O.BOX 896 NANTUCKET, MA. 02554 (310) 945-7054 "AS -BUILT" PLOT PLAN NANTUCKET, MA. (NANTUCKET COUNTY) SCALE 1 IN.= 20 FT 33 ORANGE STREET DECEMBER 16, 2016 MAY 3, 2018 REVISED PLAN BK. 16, PAGE 81 DEED BOOK 1570, PAGE 270 ASSESSORS MAP 42.3.2, PARCEL 199 PREPARED FOR: SCOTT P. & KRISTIN S. PATON I I l S87'06'30'W o 18845'70'W —�— I W 1862650 W (IRON 29.94' 32.55 PIPE W IRON PIPE 40.26' MAP 42.3.2 PARCEL 173 19 3 1133 L (� R H v N 2 STORY Wco '� CRWL. EN K. WOOD BUILDING N n y ENT h "I W AREA = 4,002 SQFT. 4 12.5 ' 0, ___________________ `J NB8'5930'E o SHED _. BRICK Z y PARKING Q v m 0 0 -� 56.81, N8934.35 -E WOOD CONIC. NB9'12'35'E SBS 0113 E I FENCE BOUND O MAP 42.3.2 m o I PARCEL 198 ? I MAP 42.3.2 PARCEL 215 ZONING CLASSIFICATION: ROH MINIMUM LOT SIZE = 5,000 SO. FT- M NIMUM T.MNIMUM FRONTAGE = 50 FT. FRONT YARD SETBACK = 0 FT. REAR YARD SETBACK = 5 FT. SIDE YARD SETBACK = 5 FT. GROUND COVER RATIO - 50% EXISTING GROUND COVER RATIO = 30.6% JOSEPH MARCKLINGER P.L.S. J. MARCKLINGER & ASSOCIATES, INC. PROFESSIONAL LAND SURVEYORS P.O.BOX 896 NANTUCKET, MA. 02554 (310) 945-7054 "AS -BUILT" PLOT PLAN NANTUCKET, MA. (NANTUCKET COUNTY) SCALE 1 IN.= 20 FT 33 ORANGE STREET DECEMBER 16, 2016 MAY 3, 2018 REVISED PLAN BK. 16, PAGE 81 DEED BOOK 1570, PAGE 270 ASSESSORS MAP 42.3.2, PARCEL 199 PREPARED FOR: SCOTT P. & KRISTIN S. PATON co "EXHIBIT B" 0 20 40 60 SCALE 1 INCH = 20 FEET I CERTIFY THAT THE BUILDINGS ARE LQgfAW AS SHOWN HEREON MAP 42.3.2 PARCEL 215 ZONING CLASSIFICATION: ROH MINIMUM LOT SIZE = 5.000 SQ. FT. MINIMUM FRONTAGE = 50 FT. FRONT YARD SETBACK = 0 FT. REAR YARD SETBACK = 5 FT. SIDE YARD SETBACK 5 FT. GROUND COVER RATIO = 50% PROPOSED GROUND COVER = 1,697 SQ.FT JOSEPH MARCKLINGER P.L.S. J. MARCKLINGER & ASSOCIATES, INC. PROFESSIONAL LAND SURVEYORS P.O.BOX 896 NANTUCKET, MA. 02554 (310) 945-7054 "PROPOSED" PLOT PLAN NANTUCKET, MA. (NANTUCKET COUNTY) SCALE 1 IN.= 20 FT 33 ORANGE STREET MAY 24, 2017 MAY 3, 2018 (REVISED') PLAN BK. 16, PAGE 81 DEED BOOK 1570, PAGE 270 ASSESSORS MAP 42.3.2, PARCEL 199 OWNER: SCOTT P. & KRISTIN S. PATON MAP 42.32 PARCEL 174 S87'06'30'W 29.94' I N8845'10"W c� l 3255' P/L R k I / a N867650 W IIRON W n 14 PIPE 1 1 1 •/ •�■ MAP 42.3.2 lzco V 40.26' ly PARCEL 173 �, J(33 o . "� ti PROPOSED FOUNDATION PLAN DATED: 4.26.18 2 STORY W o cn "� WOOD a N y BUILDING M � ' ------------------ rW� .--.— 125 0. A V N8839'30"E SHED o Ij BRICK AREA = 4,002 SOFT. a PARKING 841' v 56.81' S85'Dfl3£ 0 o N8934'35"E WOOD CONC. N891235E oo FENCE BOUND O MAP 42.3.2 r.¢ v I PARCEL 198 i I MAP 42.3.2 PARCEL 215 ZONING CLASSIFICATION: ROH MINIMUM LOT SIZE = 5.000 SQ. FT. MINIMUM FRONTAGE = 50 FT. FRONT YARD SETBACK = 0 FT. REAR YARD SETBACK = 5 FT. SIDE YARD SETBACK 5 FT. GROUND COVER RATIO = 50% PROPOSED GROUND COVER = 1,697 SQ.FT JOSEPH MARCKLINGER P.L.S. J. MARCKLINGER & ASSOCIATES, INC. PROFESSIONAL LAND SURVEYORS P.O.BOX 896 NANTUCKET, MA. 02554 (310) 945-7054 "PROPOSED" PLOT PLAN NANTUCKET, MA. (NANTUCKET COUNTY) SCALE 1 IN.= 20 FT 33 ORANGE STREET MAY 24, 2017 MAY 3, 2018 (REVISED') PLAN BK. 16, PAGE 81 DEED BOOK 1570, PAGE 270 ASSESSORS MAP 42.3.2, PARCEL 199 OWNER: SCOTT P. & KRISTIN S. 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