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Home My WebLink About44-18 10 Washington Ave.apHluc�Fr'� �o`� ��o9p)RAI TOWN OF NANTUCKET BOARD OF APPEALS r�` NANTUCKET, MASSACHUSETTS 02554 G -C'S_ c -v r Date: November 27, 2018 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No.: 44-18 Owner/Applicant: SCOTT M. RANKIN & JESSICA L. RANKIN Property Description: 10 Washington Avenue Map 60.2.1, Parcel 23 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 10 Washington Avenue Assessor's Map 60.2.1, Parcel 23 Village Residential (VR) DECISION: Certificate of Title No. 26942 Land Court Plan 3092-R Lot 116 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, November 8, 2018, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of SCOTT M. RANKIN & JESSICA L. RANKIN, 66 Mohawk Path, Holliston, Massachusetts 01746, File No. 44-18: 2. Applicants are seeking Special Permit relief pursuant to Zoning By-law Section 139-33.A in order to alter and extend the pre-existing nonconforming dwelling, portions of which are sited within the side and front yard setbacks. Specifically, applicants propose to add a second floor and decks, and replace an existing deck with an unenclosed porch and a step. While the alteration consists of a vertical expansion within the setbacks, the resulting expanded structure will be no closer to the side and front yard lot lines than the existing dwelling. The Locus is situated at 10 Washington Avenue, is shown on Assessor's Map 60.2.1, Parcel 23, and as Lot 116 upon Land Court Plan 3092-R. Evidence of owner's title is registered on Certificate of Title No. 26942 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, and representations and testimony received at our public hearing. There was no Planning Board recommendation as their meeting occurred after this Board's meeting. The Board received no letters in favor of or in opposition to the application, although a letter was received from Paul Leary (NRTA Administrator) on the day of the hearing, which has been submitted into the file. 4. Paula Leary, representing the Nantucket Regional Transit Authority ("NRTA"), as well as two abutters spoke at the hearing to express concerns regarding traffic and safety (such as contractor vehicles parked in the right of way) in connection with the proposed work. They did not voice opposition to the relief requested or the project itself but rather informed the Board of previous problems with other nearby construction projects which resulted in negative impacts to bus circulation and traffic flow in the vicinity. Ms. Leary requested that the Board ensure that the parking of vehicles owned and operated by contractors for the Locus project would not block and interfere with the NRTA Madaket bus route which runs from late May to early September. 2 5. Abutters, Patricia Stolte and Colleen Whelden, echoed Ms. Leary's concern about traffic impediments. They expressed additional concerns about encroachment on or over property lines resulting from fences, rocks, or plantings and the potential need to move an existing utility pole. The Applicant's representative assured the Board that the work would be completed prior to the May commencement of the NRTA Madaket bus route, that the crew working on the project would be small in number and would not park anywhere off site, and that the utility poles adjacent to the Locus would not be adversely impacted by the proposed project. 6. The Locus, a corner lot fronting on both Washington Avenue and Baltimore Street, is pre- existing non -conforming as to lot size and as to frontage. Specifically, the locus is an undersized lot of record having an approximate lot area of 6,800 square feet in the Village Residential ("VR") zoning district where minimum required lot size is 20,000 square feet and has eighty-five (85) feet of frontage onto Washington Avenue where minimum required frontage is one hundred (100) feet. 7. As explained by Applicant's representative, the dwelling was built prior to the 1972 adoption of the Nantucket Zoning By -Law and, as such, is pre-existing nonconforming with respect to the intensity regulations pursuant to Section 139-16.A. Particularly, in a district which requires a ten (10) foot minimum side yard setback distance and twenty (20) foot front yard setback distance, the house is sited as close as 3.74 feet from the westerly side yard lot line and 0.6 feet from the front yard lot line. The property is improved with the subject 928 square foot single -story dwelling and a 336 sq. ft. garage. Total ground cover is 1,264 sq. ft. for a ground cover ratio of 18.6% where maximum allowable ground cover is either 10% or 1,500 sq. ft, pursuant to Section 139-33.E(1)(b), whichever is greater. 8. The proposal, as shown on plan entitled, "Proposed Conditions Site Plan to Accompany Zoning Board of Appeals Application in Nantucket, Mass.", dated September 13, 2018, and prepared by Blackwell and Associates, Inc., a reduced copy of which is attached hereto as "Exhibit A", consists of the addition of a second floor, of first and second story decks on the northerly and easterly elevations, and replacement of an existing deck with a first story unenclosed porch and a step on the southerly (front) elevation. Although the alterations, expansion, and vertical extension will take place within the ten (10) foot westerly side yard setback and twenty (20) southerly front yard setback, the dwelling will be no closer to the yard lot lines than the existing structure, there will be no increase in either ground cover or the existing setback intrusions and no new nonconformities will be created as a result of the proposed alterations. The proposed project has been granted Historic District Commission ("HDC") approval by virtue of Certificate of Appropriateness 70428. 9. Therefore, based upon the foregoing, the Board finds that the proposed alterations, or extensions shall not be substantially more detrimental than the existing nonconforming structure and/or use to the neighborhood. The Board made related findings that nonconforming setback 3 intrusions are not being made more nonconforming and the alterations will not be substantially more detrimental to the neighborhood than the existing nonconformities. 10. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested SPECIAL PERMIT pursuant to Section 139-33.A for the proposed alterations and extension consisting of additions of a second floor, decks, and unenclosed porch, some of which will occur in a portion of the structure sited within the westerly side and southerly front yard setbacks, all as shown on "Exhibit A", subject to the following conditions: a. The proposed alterations shall be performed in substantial accordance with plans approved in association with Certificate of Appropriateness No. 70428 granted by the HDC, as the same may be amended from time to time. b. The proposed alterations shall be performed in substantial accordance with the above -referenced "Exhibit A", as revised on November 27, 2018 to show the deck sited entirely outside of the ten (10) foot side yard setback. 4 10 Washington Avenue Assessor's Map 60.2.1, Parcel 23 Village Residential (VR) Dated: November 8, 2018 Nantucket, ss. Certificate of Title No. 26942 Land Court Plan 3092-R Lot 116 Michael J. O'Mara COMMONWEALTH OF MASSACHUSETTS On the 2-1 day of, 4 1014vt4/ , 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. fA Official Signature and Seal of Notary Public My commission expires: LESLIE WOODSON SNELL Notary Public COMMONWEALTH OF (IASSA(�i�JSFrT5 My Commission Expires September 26, 2025 •r-.xH�aiT a� L� J