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Home My WebLink About30-18 13 Massachusetts Avenue Decision'A 1, =gyp 1UC,F C) N �9pORA1��\ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: October 30, 2018 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No.: 30-18 Owner/Applicant: MADAKET WHEELHOUSE LLC Property Description 13 Massachusetts Avenue Map 60, Parcel 75 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, Parcel 75 Certificate No. 25696 13 Massachusetts Ave Book 1494, Page 39 Village Residential (VR) Lots 12-15 in Block 29 Village Height Overlay District Land Court Plan 2408-Y DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals ("Board") opened at 1:00 P.M. on, Thursday, August 9, 2018, in the Conference Room, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the application of MADAKET WHEELHOUSE, LLC, c/o Cohen & Cohen Law PC, 34 Main Street, 2nd Floor, P.O. Box 786, Nantucket, MA 02554, in File No. 30-18. 2. Applicant was previously granted Special Permit relief pursuant to Zoning By-law Section 139-33.A to extend and alter the pre-existing nonconforming dwelling and cottage/garage on the locus, as provided in ZBA File Nos. 15-16 and 49-17. Applicant is requesting relief to amend the existing Special Permit to allow the cottage to be raised roughly one (1) foot in elevation to provide for the foundation and first floor to comply with new flood plain and building code requirements. The Locus is situated at 13 Massachusetts Avenue, is shown on Assessor's Map 60 as Parcel 75, and as Lots 12-15, Block 29 upon Land Court Plan 2408-Y and unregistered land lying north of said Lots. Evidence of owner's title is registered on Certificate of Title No. 25696 at the Nantucket County District of the Land Court and in Book 1494, Page 39 on file at the Registry of Deeds. The site is zoned Village Residential (VR). 3. Our decision is based upon the application and accompanying materials, 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. No opposition, written or oral, to revised plans and request was presented at the hearing. 4. Applicant's representative, Attorney Steven Cohen, explained that the Applicant now seeks to further modify prior relief granted in File No.s 15-16 and 49-17 recorded at Book 1564, Page 269 and Book 1642, Page 1, respectively. The initial application in 2016 granted approval to renovate and expand the pre-existing nonconforming main dwelling and garage/cottage. Specifically, the proposal consisted of constructing additions to the main dwelling, including an attached garage, no closer than the existing westerly side yard setback distance; and by constructing additions to the cottage — which would no longer serve as a garage — also no closer than the existing easterly side yard and southerly front yard setback distances. The renovation of the cottage included lifting the cottage to alter the foundation and increasing the height within the setback. The 2017 decision modified the previous decision to allow for demolition and replacement construction in substantially the same configuration and footprint with increases in height to bring foundations and structures into compliance with building codes and flood zone regulations. 2 5. When the Board asked the applicant to bring the structures out of the setbacks during the course of the hearings for the 2017 Modification, the Applicant maintained that the request to preserve the siting within the setbacks resulted from 1) the existing septic system in the driveway and a substantial wetland buffer which requires that they avoid excavation in a sensitive area, and 2) a proposal to re -use the existing foundation such that the footprint of the single -story main dwelling will remain unaltered as to the pre-existing nonconforming westerly setback intrusion. The 2017 relief was subject to six conditions which shall remain in full force and effect except for the following conditions which the applicant is now seeking to modify: I ... I c. The First Floor Elevations shall not exceed 11.6" for the house and 10.6" for the cottage; f. The average ridge height of the structures shall not exceed 17'- 0" for the house and IS' -7" for the cottage (shown as "Guest House" on HDC approved plans); [... ] 6. Attorney Cohen explained that the original permits had expired and that the previously approved project would not comply with flood zone requirements. The former garage is now a dwelling and must be raised approximately one (1) foot above flood level. Applicant is therefore proposing to construct a dwelling in full compliance with FEMA requirements, which will require relief for further vertical expansion within the side and front yard setbacks. The proposed conditions are shown on plan entitled, "Proposed Conditions Site Plan of Land in Nantucket, MA.", prepared by Blackwell & Associates, Inc., dated July 14, 2016, revised November 21, 2017, and attached hereto as "Exhibit A". 7. The project benefits from a series of Historic District Commission approvals. As to the subject cottage/ "Guest House", the most recent Certificates of Appropriateness ("COA") are No. 69815, granted in March 2018 to "relocate the previously approved footprint", and a revision thereto at COA No. 70524, granted in June 2018 "to raise- building above new flood elevation". HDC Submission plans approved with COA No. 70524, dated June 20, 2018, show the Existing and Proposed elevations. The plans bear the notation Floor level to be raised 24 ". Avg. grade to be raised 6". and elsewhere First Floor Level And Ridge Height To Be Raised I' higher Than Previous Approval. The base flood elevation is shown to be 10.4' and the average ridge height to be ±16'-7". 8. Therefore, based upon the foregoing, the Board determined that the requested relief to allow for the pre-existing nonconforming cottage / "Guest House" to be altered as set forth above, and subject to the conditions below, may be granted based upon findings that the alterations shall not be substantially more detrimental than the existing nonconforming structure and/or use to the neighborhood, that the nonconforming setback distances are not made more nonconforming, and that the extension will not be substantially more detrimental to the neighborhood than the existing nonconformity. 9. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested MODIFICATION to prior SPECIAL PERMIT relief pursuant to Section 139-33.A subject to the following conditions: a. The cottage shall maintain a five foot (5') eastern side yard setback; b. The First Floor Elevations shall not exceed 11.6" for the cottage; 3 C. No air conditioning units shall be placed in the setbacks; d. The average ridge height of the cottage (shown as "Guest House" on HDC approved plans) shall not exceed 16' -7" for; e. The proposed alterations and expansion shall be done in substantial conformity with the revised plans approved in conjunction with Nantucket Historic District Commission Certificate of Appropriateness No.s 69815 and 70524, as the same may be amended from time to time; and f. The remainder of the prior relief shall remain in full force and effect. r! Assessor's Map 60, Parcel 75 13 Massachusetts Ave Village Residential (VR) Village Height Overlay District Dated: August 9, 2018 Nantucket, ss. Certificate No. 25696 Book 1494, Page 39 Lots 12-15 in Block 29 Land Court Plan 2408-Y EOard S. Toole, Chairman COMMONWEALTH OF MASSACHUSETTS On the day of ✓ , 2018, before me, the undersigned notary public, personatry appeared pv C.2 , 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. A A r- , Official Sign and Seal oYNotary Public ! MEGAN O'SHEA My commiss on expires: K" ftk CMnmam-esm 01 mawdViseft Aly Coanh%,.,,n Fj#rm WY 00, 2020