HomeMy WebLinkAbout33-18 11 E. Street DecisionTOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554 f
f
Date: October 17, 2018
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No.:
33-18
Owner/Applicant: PAUL J. BRODY
Property Description:
11 E. Street
Map 60.2.1, Parce 4
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 60.2.1, Parcel 4
11 E Street
Village Residential (VR)
Certificate No. 26746
Lot 86 on Land Court Plan 5933-E
Lot 95 on Land Court Plan 3092-R
1. At a public hearing of the Nantucket Zoning Board of Appeals (the "Board") on
Thursday, September 6, 2018, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made
the following Decision on the application of PAUL J. BRODY (the "Applicant"), c/o Cohen &
Cohen Law PC, 34 Main Street, 2nd Floor, P.O. Box 786, Nantucket, MA 02554, in File No. 33-
18.
2. Applicant seeks Special Permit relief pursuant to Zoning By-law Section 139-33.A, to the
extent necessary, to amend the prior relief, or in the alternative Variance relief pursuant to
Section 139-32, in order to alter the pre-existing nonconforming structures. Specifically,
applicant proposes to demolish two dwellings, two garages, and a thirty-four (34) square foot
shed, in order to replace them with new primary and secondary dwellings and a single garage.
The remaining zoning shed will also be altered. The alterations will cure the pre-existing ground
cover and height nonconformities, and will reduce the front yard setback encroachment. The
Locus, an oversized lot which is pre-existing nonconforming as to frontage, is situated at 11 E
Street, is shown on Tax Assessor's Map 60.2.1 as Parcel 4, and as Lots 86 and 95 upon Land
Court Plans 5933-E and 3092-R. Evidence of owner's title is registered on Certificate of Title
No. 26746 at the Nantucket County District of the Land Court. The site is zoned Village
Residential (VR).
3. Our decision is based upon the application and accompanying materials, representations,
and testimony received at the public hearing. There was no Planning Board recommendation, on
the basis that no matters of planning concern were presented. There was one abutter letter
submitted in opposition to the application. No further opposition, written or oral, was presented
at the hearings.
4. The Locus, as shown on plan entitled, "Existing Conditions Plan in Nantucket,
Massachusetts", dated December 2, 2016, and prepared by Bracken Engineering, Inc., a reduced
copy of which is attached herewith as "Exhibit A", is an oversized lot containing 36,426 sq. ft.
in the VR Zoning District, which has a minimum lot size requirement of 20,000 sq. ft. The
property is improved with a 1,825 sq. ft. main dwelling, 1,126 sq. ft. second dwelling
("cottage"), two garages (with ground cover of 357 sq. ft. and 373 sq. ft.), and two sheds (with
ground cover of 34 sq. ft. and 76 sq. ft.). The total ground cover (not including a zoning shed) is
3,715 sq. ft. for a ground cover ratio ("GCR") of 10.2% where 10% is the maximum allowed in
R)
the VR. The locus has double frontage with twenty (20) feet along E Street and 19.68 feet along
D Street, where minimum required frontage is one hundred (100) feet on a single street.
5. The structures on the southeast corner of the lot are sited as close as 1.5 feet from the
easterly `front' yard lot line where front yard setback is twenty (20) feet. The smaller garage is
also as close as 1.5' from the southerly side yard lot line where side yard setback is ten (10) feet.
The main dwelling has a height of 27.7 feet where maximum allowed is twenty-five (25) feet.
The lot has two driveway curb cuts. All of these nonconformities are pre-existing nonconforming
conditions under Section 139-33.A or are allowed by existing zoning Special Permit and
Variance provided for in File Nos. 09-81 and 50-92. The Locus is otherwise dimensionally
conforming under the Zoning By-law.
6. Applicant's representatives, Attorney Steven Cohen and Architect Joe Paul, explained
that the Applicant seeks relief by Special Permit pursuant to Section 139-33.A of the Nantucket
Zoning By-law, or in the alternative by Variance pursuant to Section 139-32, to alter the
structures and to amend the existing relief, to the extent necessary. Specifically, the Applicant
proposes to demolish the two dwellings, the two garages and the 34 sq. ft. shed, and to replace
them with a 2,480 sq. ft. primary dwelling, a 874 sq. ft. secondary dwelling, and a single 288 sq.
ft. garage, and an altered and expanded zoning shed. The resulting total ground cover will be
3,642 sq. ft., for an approximate GCR of 8.6%, therefore not to exceed the allowable 10% GCR.
7. As shown on plan entitled, "Proposed Site Plan in Nantucket, Massachusetts", dated
August 13, 2018, and prepared by Bracken Engineering, Inc., a reduced copy of which is
attached herewith as "Exhibit B", the alterations will cure the existing GCR and the height
nonconformities, and will reduce the volume of encroachment into the front yard setback. The
replacement garage will have a smaller foot print and be sited no closer to the lot lines than the
existing garage. The new primary dwelling will be further from the southerly lot line than the
former garage in that location.
8. The architect explained that the project consists of a smaller replacement garage, an
overall reduction in ground cover and building height, a substructure composed essentially of
crushed stone, elimination of the lawn, installation of a boardwalk/wood patio, and of vegetation
restoration with substantial native plantings. The Conservation Commission ("Con Com") issued
an Order of Conditions SE48-3093 on September 5, 2018, which requires that landscaping be
maintained for the duration of the permit. Due to the wetlands on the property and the Con Com
"no -build" buffer zone that affects much of the lot, and due to the required location for the septic
system in the same area, it is not possible to relocate the structures entirely outside of the front
yard setback. Locus further benefits from Historic District Commission approvals for both
demolition and new construction.
9. Applicant's representatives maintained that no new nonconformities are being created as
a result of the proposal, several of the pre-existing nonconformities are being cured or reduced,
or, where maintained, not made worse, and that the alterations shall not be substantially more
detrimental than the existing nonconforming structures and/or use to the neighborhood.
U
10. Therefore, based upon the foregoing, the Board finds that the proposed alterations, or
changes shall not be substantially more detrimental than the existing nonconforming structures
and/or use to the neighborhood. The Board made related findings that the nonconforming setback
intrusions are not being made more nonconforming and the alterations 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 pursuant to Section 139-33.A for the Applicant to demolish and rebuild or alter the
existing structures such that the resulting ground cover ratio and height shall conform with the
provisions of the Zoning By-law, and the setback encroachments, where maintained, shall not be
made more nonconforming, all as shown on the above -referenced, "Exhibit B".
4
Assessor's Map 60.2. 1, Parcel 4
11 E Street
Village Residential (VR)
Dated: September 6, 2018
Nantucket, ss.
Certificate No. 26746
Lot 86 on Land Court Plan 5933-E
Lot 95 on Land Court Plan 3092-R
oole, Chairman
Lisa Botticelli
Kerim Kos tac
J"
"ael'Mara
COMMONWEALTH OF MASSACHUSETTS
On the day of , 2018, before me, the undersigned notary public,
personal y appeared OAU , 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. n . A -C-
z, .-
MEGAN O'SHEA Official Signaand Seal of Tqo-fary Public
Notary Public, Commonwa M of Masswt M
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