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Home My WebLink About35-18 79R Orange Street DecisionTOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: November 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.: 35-18 Owner/Applicant: 79R ORANGE STREET LLC Property Description: 79R Orange Street Map 55.4.1, Parcel 89.1 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 55.4.1, Parcel 89.1 (portion) Book 1659, Page 38 79R Orange Street Plan No. 201846 Residential Old Historic (ROH) Lot B DECISION: 1. At public hearings of the Nantucket Zoning Board of Appeals (the "Board") on September 6, 2018 and October 11, 2018, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the application of 79R Orange Street, LLC, 52 Cliff Road, Nantucket, Massachusetts 02554, in File No. 35-18. 2. The Applicant is requesting relief by Special Permit from the Board, pursuant to Nantucket Zoning By-law Section 139-33, to allow a change of use from a pre-existing nonconforming commercial garage to a conforming residential use and to alter a pre- existing nonconforming structure by adding a single -story addition at the rear of the structure. Furthermore, because the two Special Permits in Zoning Board of Appeals File Nos. 032-14 and 01-82 relate to commercial activity in a residential district, the Applicant is requesting the Special Permits be rescinded as they relate to the newly subdivided residential lot because the newly created lot no longer has any commercial activity or association. To the extent necessary, Applicant is also requesting a parking waiver pursuant to By-law Section 139-18(D) to waive the parking requirements for the converted dwelling. The Locus is situated at 79R Orange Street, is shown as a portion of Nantucket Tax Assessor's Map 55.4.1 as Parcel 89. 1, and as Lot B on Plan No. 2018-46. Evidence of owner's title is recorded in Book 1659, Page 38 on file with the Nantucket Registry of Deeds. The property is zoned Residential Old Historic (ROH). 3. Our Decision is based upon the application and accompanying materials and representations and testimony received at the public hearing. There was no Planning Board recommendation as the matter did not present any issues of planning concern. There was a letter on file from the direct abutters who indicated they would not oppose the work. 4. Attorney John B. Brescher represented the Applicant at the hearings. The Locus presently contains a one-story garage. The pre -subdivided locus also contained a one- story building which was historically used as the Nantucket Bake Shop, a use that pre - K existed the 1972 adoption of the Nantucket Zoning By-law. In 2014, the owner applied to the Board (File No. 032-14) in order to change the use of the bakeshop to a yam/craft store, convert the existing garage to a dwelling unit, and, to the extent necessary, a waiver of parking and loading zone requirements. The Zoning Board of Appeals rendered a decision, which was duly recorded in Book 1443, Page 293 at the Nantucket Registry of Deeds, approving the following: 1. The structure may be converted from a bakery use to a yam/craft retail store with an apartment in the rear of the structure; 2. The apartment shall be limited to year-round occupancy; 3. The hours of operation shall be limited to 9:00 am — 8:00 pm, Monday — Saturday; 12:00 pm — 5:00 pm on Sunday; 4. Any alteration of this retail use shall require additional relief from the Zoning Board of Appeals. The request to convert the garage to a dwelling was withdrawn at the hearing. 5. In February 2016, the Applicant had a plan prepared subdividing the property under the 41-81L provision of the Massachusetts General Laws and said plan was endorsed by the Nantucket Planning Board and has since been recorded as Plan No. 2018-46. As such, the portion of the Locus on which the garage is situated is its own separately marketable and buildable lot and owned by the Applicant. 6. Accordingly, the Applicant is requesting Special Permit relief from the Board pursuant to By-law Section 139-33 to allow the change of use from a pre-existing nonconforming commercial garage (upon the recording of the subdivision plan, the garage use is deemed nonconforming as commercial garage uses are not allowed in the ROH District) to a conforming residential use and to alter a pre-existing nonconforming structure by adding a single -story addition toward the rear of the structure. Said addition will comply with all setbacks and will be no closer to the lot lines than the existing structure. The proposal benefits from Historic District Commission approval by virtue of Certificate of Appropriateness No. 71097. 7. Under the configuration of the 41-81L plan, the garage is nonconforming with respect to side yard setbacks, being sited as close as 0.80' from the westerly side yard lot line and 1.94' from the easterly side yard lot line in a zoning district that requires a five (5) foot side and rear yard setback. Pursuant to By-law Section 139-33.A(3), because the structures existed in the current configuration prior to the 41-81 L subdivision, the setback nonconformities are deemed pre-existing nonconforming. Therefore, because of the 3 preexisting nonconforming setback intrusions, any change of use — even from a nonconforming use to a conforming use — requires relief from the Zoning Board of Appeals. 8. Furthermore, because the two Special Permits in Zoning Board of Appeals File Nos. 032-14 and 01-82 relate to commercial activity in a residential district, the Applicant requests to have these Special Permits rescinded as they relate to the newly subdivided residential lot because the newly created lot no longer has any commercial activity or association. 9. At the September 6, 2018 hearing, the Board asked if the applicant had been granted permission to enter the abutting property owner's land in order to make the necessary renovations. The Board requested the Applicant and the neighbor work together to ensure access was available. 10. At the October 11, 2018 hearing, the Applicant submitted a site plan entitled, "Proposed Conditions Site Plan to Accompany Zoning Board of Appeals Application," prepared by Blackwell & Associates, Inc., revised October 9, 2018, attached herewith as "Exhibit A", showing the addition to be no closer than 5.7 feet from the easterly side yard lot line and two (2) parking spaces measuring approximately 9' x 16'; a copy of Massachusetts General Laws Chapter 266, Section 120B which allows homeowners to enter their neighbors' properties to prevent committing waste on the homeowner's property; and an Agreement between the owners of 79R Orange Street and #2 West Dover Street that will allow each homeowner to enter onto the other's property to make renovations to their respective dwellings. 11. Based upon the finding that the proposed single-family dwelling is an allowed use in the ROH District and altering the pre-existing nonconforming structure from a nonconforming use to a conforming use, as well as altering the structure in accordance with the above -referenced Certificate of Appropriateness, is not substantially more detrimental to the neighborhood than the existing nonconformity, said alteration may be approved by Special Permit. Furthermore, because the use on the Locus will no longer be commercial in nature, the existing Zoning Board of Appeals decision Nos. 032-14 and 01-82 may be rescinded as they relate to the subject Locus. 12. As to the proposed installation of two parking spaces with dimensions of roughly 9' x 16', the requirement in ROH pursuant to Section 139-18.13 is one (1) space. Pursuant to Section 139-18.A(6): Head -in, ninety -degree parking spaces and forty -five -degree parking spaces shall not be less than nine feet in width and 20 feet in length. The required length for parallel 4 parking spaces shall not be less than 20 feet. For residential parking only, one required parking space may be reduced to a minimum dimension of seven feet in width and 17 feet in length. 13. The Board determined that, to the extent necessary, relief from parking requirements pursuant to Section 139-18.1)(1) may be granted by Special Permit by virtue of a finding that the following criteria are met: That the granting of such relief is in harmony with the general purpose and intent; bLThat full compliance is physically impossible for the applicant to provide, or, if physically possible, would have a significant adverse effect upon the scenic or historic integrity of the neighborhood; and acThe granting of relief would not be contrary to sound traffic, parking or safety considerations; [... I 14. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board GRANTS relief by SPECIAL PERMIT pursuant to Zoning By-law Sections 139-33.A and 139- 18.1) and the Rescission of prior relief as it pertains to and encumbers subject Locus 79R Orange Street, all as specified and subject to the conditions below: a. The structure may be converted from a garage to a residential structure per the alterations approved in conjunction with Certificate of Appropriateness No. 71097, as may be amended from time to time; b. The alterations upon the Locus shall be performed in substantial conformity with the Site Plan attached herewith as "Exhibit A"; c. The parking shall be installed substantially as shown on Exhibit A; d. Zoning Board of Appeals Decision Nos. 032-14 and 01-82, recorded in Book 1443, Page 293 and Book 190, Page 312, respectively, on file with the Nantucket Registry of Deeds, shall be rescinded specifically as they relate to the Locus; e. There shall be no exterior construction work, including hardscaping, between Memorial Day and Labor Day of any given year as it relates to the alterations contemplated in this decision. 5 Assessor's Map 55.4.1, Parcel 89.1 (portion) 79R Orange Street Residential Old Historic (ROH) Dated: October 11, 2018 Nantucket, ss. Book 1659, Page 38 Plan No. 2018-46 Lot B ichael O' ara Geoff Thayer COMMONWEALTH OF MASSACHUSETTS On the day of P OA!C I, / , 2018, before me, the undersigned notary public, personally appeared Vyk d_t. , 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. c - Of ictal Signat e and of Notary Public MFlk Fh O'SHIEA My commissi expires: Q, RC1 &Orawy 68 20 6 6 CURRENT ZONING CLASSIFICATION: Residential Old Historic (R—OH) EXISTING PROPOSED - MINIMUM LOT SIZE: 5000 S.F. 1,678 S.F.t 1,678 S.F.t MINIMUM FRONTAGE: 50 FT. SEE PLAN SEE PLAN FRONT YARD SETBACK: none REAR/SIDE SETBACK: 5 FT. SEE PLAN SEE PLAN GROUND COVER % : 50% SEE PLAN 27.1±% SEE PLAN 32.1% f PK NAIL FND , EXISTING PARKING �o-o vPR RAE 1 IVao' 09g 5 1 STY W.F. STRUCTURE 454 S.F.t #79R 55.4.1-89.1 (PORTION) N/F 79 ORANGE LLC DEED Bk./Pg.: 1444/75 PLAN No.: 2018-46, LOT A #79 ORAGE STREET 2 JEFFREY L. BLACKWELL m 5� No 35388 ~ Q 9 v y~ 1.0'f \ 6 A\SS�O?nQ PROPOSED i/ 55.4.1-138 N/F HARRY M. OSTRANDER TRUSTEE DEED Bk./Pg.:.609/232 PLAN Bk./Pg.: 16/56 #2 WEST DOVER STREET ADDITION f dhCB 55.4.1-89 84 S.F.t FND N/F 81 ORANGE LLC � DEED Bk./Pg.: 1410/145 N PLAN FILE: 30—C, LOT 3 #81 ORANGE STREET %�dhCB FND ihCB 55.4.1-139 FND N/F JOHN & SARAH FRAUNFELDER DEED Bk./Pg.: 1356/72 PLAN FILE: 30—C, LOT 2 #9 YORK STREET FNDND FE DENOTES CONCRETE BOUND W M DRILLHOLE FOUND PK 0 DENOTES PK NAIL FOUND FND ORIGINAL SIGNED AND STAMPED COPIES OF THIS PLAN MAY BE PHOTOCOPIED BY THE BOARD OF APPEALS OR THE NANTUCKET REGISTRY OF DEEDS FOR RECORDING PURPOSES. IN CASES OF DISCREPANCIES REGARDING INFORMATION CONTAINED HEREON AND UNAUTHORIZED PHOTOCOPIES OF THIS PLAN, ONLY ORIGINALLY STAMPED AND ENDORSED COPIES SHALL BE ACKNOWLEDGED BY THE CERTIFYING LAND SURVEYOR. THIS INSPECTION PIPJ) WAS PREPARED TO ACCOMPANY AN APPLICATION TO THE NANTUCKET BOARD OF APPEALS AND IS NOT TO BE CONSIDERED A FULL INSTRUMENT SURVEY. THIS PLAN SHOULD NOT BE USED TO ESTABLISH PROPERTY LINES, FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERTY ONES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. THIS INSPECTION PLAN IS NOT A CERTIFICATION AS TO THE TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET ASSESSOR RECORDS. THIS PLAN SHALL NOT BE USED FOR ANY OTHER PURPOSE OTHER THAN ITS INTENDED USE STATED ABOVE. (K)Blackwell & Associates Inc. T: \PAGE 1 JOB 64 Proposed Conditions Site Plan to Accompany Zoning Board of Appeals Application in Nantucket, MA REVISED: October 09, 2018 REVISED: September 12, 2018 SCALE: 1"= 15' DATE: September 06, 2018 Owners: ...79R,DRANGE.S.T.R. ... LLC . Deed Bk./Pg.: 1659/38 Plan: 2018-46, LOT B Tax Map—Parcel: ,55:4.1-89.1 (PORTION) Locus: . . . . #79R ORANGE STREET BLACKWELL & ASSOCIATES, Inc. Professional Lard Surveyors 20 TEASDALE CIRCLE NANTUCKET, MASS. 02554 V. \DRAWFILES\67960\2018 ZBA.dwg 10/9/2018 11: 47: 47 AM EDT t ovo j 228-9026 B79601