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Home My WebLink About26-17 DecisionTOINN CLE -RK pN7UC/�-F.T ,, 2810 Ju,L 13 PM 1: 19 �c�9PORAi TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: Julv 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 Maxi 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 PA 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". 4 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 cca u' Mi el 'Mara .� Geoff Thayer COMMONWEALTH OF MASSACHUSETTS On the 12- day of _jwl I( , 2018, before me, the undersigned notary public, personally appeared t.7�.Q-'C/' , 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. IQ—j &VA Official Signature and Seal of Notary Public My commission expires: WSLIE WOODSON SNELLNOTARY PUBLICWONWE&TH OF M SSACHUSMScomm. Expims SoPt 28, 2018 1 MAP 42.3.2 PARCEL 173 N8859'30'E -;H ED N � m w MAP 41.3.2 PARCEL 198 i ZONING CLASSIFICATION: ROH MINIMUM LOT SIZE = 5,000 SO. FT - M T. MINIMUM 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 0 20 40 60 Tk SCALE IINCH = 20 FEET MAP 42.3.2 PARCEL 174 3255' IRON r 40.26' V PIPE X33 , 2 STORY CRWL. WOOD CRWL. ENT. BUILDING ENT AREA = 4,002 SOFT. BRICK - PARKING 56 81, am:_ -- 134'35'E WOOD CONC. N89'I2'35'E FENCE BOUND MAP 42 .3.2 PARCEL 215 "EXHIBIT A' I CERTIFY THAT THE BUILDINGS ARE LOC OWN HEREON �)-Yy. PLiH OFM _ ( @% , of Y �� LANG %� "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 "EXHIBIT B" 0 20 40 60 I SCALE: 1 INCH = 20 FEET I TIF CERY THAT THE BUILDINGS ARE LOGATED AS SHOWN HEREON MAP 42.3.2 PARCEL 174 � RfGIS� o \SSIONAL LP% MAP 42.3.2 PARCEL 215 ZONING CLASSIFICATION: ROH MINIMUM LOT SIZE = 5,000 SQ. FT. MNMUM 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 2701 ASSESSORS MAP 42.3.2, PARCEL 199 OWNER: SCOTT P. & KRISTIN S. PATON SB7'O6'30'W 29.94' N88 45'10'W c� 32.55' P/L w I AL N867650 W IIRON W 1q U `" PIPE 11 t MAP 42.3.2 Lz v 40.26' MLiJ 1..L PARCEL 173 3 o it PROPOSED FOUNDATION Jf'33 '--� oPLAN DATED: 4.26.18 2W0� Y r^ vJ N BUILDING !n W ' . ------------------ - -- - 125 N88'S930'E 0. SHED BRICK Z y AREA = 4,002 SOFT ii„i PARKING N pmp 56.61' 841- n o Q N89 34'35'E WOOD CONC. N89'I2'35-E 585Y711 3 £ Cc ib FENCE BOUND O MAP 42.3.2 r.i o PARCEL 198 I MAP 42.3.2 PARCEL 215 ZONING CLASSIFICATION: ROH MINIMUM LOT SIZE = 5,000 SQ. FT. MNMUM 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 2701 ASSESSORS MAP 42.3.2, PARCEL 199 OWNER: SCOTT P. & KRISTIN S. PATON "EXHIBIT C" 1 i tI I 1 1 nyn - I I > I I . I 1 () S 1 I C I I I I 1 '• I I > I 1 = I 1 • I I 1 1 •. I 'I I I s I I I f ' 1411 , 1 c 1 1 1 t I I 7 I z I 1 ! I I 1 ' � •` I I 5 I I 1 I h I E I I I�I I 1 I I 1 ... _I`-- --- t 6 I al I �I F FOUNDATION PLAN �� Engineering Design Co., IncI 5bite i�xee - 155 East Grove Street - ft,!, 28 33 ORANGE STREET V"� f 1lhddleboro*, w 02346 Telephone 508 -bah -3551 - Por 508 946-1E53 $ L (1) I I I I I I 1 1 I I I 1 1 I I I I I I I I _ I I I I I I I I ? 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