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HomeMy WebLinkAbout49-18 11 MA Ave see 2018apNluc,Fr r c�9p�flAj��`� TOWN OF NANTUCKET:-". BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: January 10, 2019 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No.: 49-18 Owner/Applicant: RICHARD W. SNOWDON & CATHARINE E. SNOWDON Property Description: 11 Massachusetts Avenue Map 60, Parcel 80 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 80 11 Massachusetts Avenue Village Residential (VR) Village Height Overlay District (VHOD) DECISION: Certificate of Title 27051 Book 1665, Page 1 Lots 16-19; Blocks 29-30 Land Court Plan 2408-Y 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, December 13, 2018, at 1:00 P.M., 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the Application of RICHARD W. SNOWDON AND CATHARINE E. SNOWDON, 1515 29t` Street NW, Washington, DC 20007, File No. 49-18: 2. The Applicants are requesting Special Permit relief pursuant to Nantucket Zoning By-law Section 139-33A.(1) to allow the single-family dwelling to be either demolished and reconstructed or altered as shown on the plan entitled "Proposed Conditions Site Plan to Accompany Zoning Board of Appeals Application in Nantucket, Mass", prepared by Blackwell & Associates, Inc. As shown on the site plan, as a result of the alterations, the structure will be conforming with respect to side yard setbacks, thus curing the easterly side yard setback encroachment. The Applicants will also be increasing the height of structure, but will be under the maximum allowed height in the Village Residential ("VR") zoning district. The Locus is situated at 11 Massachusetts Avenue, is shown as Nantucket Tax Assessor's Map 60 as Parcel 80, is shown as Lots 16, 17, 18, and 19 in Block No. 29, Land Court Plan No. 2408-Y; Lots 16, 17, 18 and 19 in Block No. 30, Land Court Plan No. 2408-Y, and evidence of owner's title is registered on Certificate of Title No. 27051 and recorded in Book 1665, Page 1 at the at the Nantucket County Registry District of the Land Court and the Nantucket Registry of Deeds, respectively. The property is zoned Village Residential and is located in the Village Height Overlay District ("VHOD"). 3. Our Decision is based upon the application and accompanying materials and representations and testimony received at the public hearing. There was no Planning 2 Board recommendation as the matter did not present any issues of planning concern. There were no letters of support or in opposition to the matter. 4. Attorney John B. Brescher represented the Applicants at the hearing. Attorney Brescher explained that the Applicants are requesting Special Permit relief in order to either demolish and reconstruct or alter the single-family dwelling upon the Locus as shown on the plan entitled "Proposed Conditions Site Plan to Accompany Zoning Board of Appeals Application in Nantucket, Mass", prepared by Blackwell & Associates, Inc., dated November 14, 2018, a reduced copy of which is attached hereto as "Exhibit A". Attorney Brescher explained that the Locus presently contains a one story single-family dwelling. The dwelling is non -conforming with respect to front and side yard setbacks in the VR zoning district, being sited as close as 0.7 feet from the front yard lot line in a zoning district that requires a front yard setback of twenty (20) feet and as close as 9.4 feet from the easterly side yard lot line in a district that requires a ten (10) foot side yard setback. The Locus and structure thereon otherwise conform to the intensity regulations of the VR zoning district. The single-family dwelling was constructed prior to the adoption of the Zoning By-law and therefore is grandfathered as to its nonconforming location. 5. As shown on the site plan, as a result of the alterations, the structure will be conforming with respect to side yard setbacks, curing the easterly side yard setback encroachment. The Applicants further request an increase in height of the structure by approximately two (2) feet, but will still be under twenty five (25) feet, the maximum height allowed in the VR zoning district. All other alterations will be outside of the setbacks except for an addition in the front of the structure that will be sited no closer than the existing structure from the front yard lot line. Said alterations have been approved by the Historic District Commission by virtue of Certificate of Appropriateness Number 71136. 6. At the December 13, 2018, hearing, the Board, Jeff Blackwell, and Attorney Brescher discussed the application. The Board appreciated the position the Applicants were placed in given the wetlands on the property and the limited area for expansion as shown on the site plan. There was discussion relative to the increased height of the structure due to the flood plain and Jeff Blackwell clarified that only twelve inches (12") was necessary. Per the building code, buildings and structures in Flood Hazard `A' Zones shall have the lowest floors elevated to or above the design flood elevation. For `A' Zones, the design flood elevation shall be the base flood elevation plus one (1) foot. Per the FEMA flood insurance maps, the base flood elevation in this area is elevation 9.0'. Therefore, the minimum finish first floor elevation is required to be ten feet (9.0' + 3 1.0' = 10.0'). An elevation of 10.2' is proposed, which is 9 feet '/2 inch above the existing finished first floor. As a result, the structure will be increased twelve inches (12") to accommodate the renovations, the FEMA regulations, and the building code. 7. Therefore, the proposed structure will not be substantially more detrimental to the neighborhood because the structure will be no closer to the lot lines and the easterly side yard setback intrusion will be eliminated. As such, Special Permit relief may be granted to allow the pre-existing nonconforming structure to be either demolished/raised and reconstructed or altered per the site plan attached as "Exhibit A". 8. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board GRANTS SPECIAL PERMIT relief pursuant to Zoning By-law Section 139-33A.(1) to allow the demolition and reconstruction or alteration of the structure 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. 71136 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", and; c) The height of the structure may be increased no more than twelve inches (12") resulting in a finished first floor elevation of 10.2 feet. 4 Assessor's Map 60, Parcel 80 11 Massachusetts Avenue Village Residential (VR) Village Height Overlay District (VHOD) Dated: December 13, 2018 Nantucket, ss. Certificate of Title 27051 Book 1665, Page 1 Lots 16-19; Blocks 29-30 Land Court Plan 2408-Y S. Toole usan McCa Lisa Botticelli COMMONWEALTH OF MASSACHUSETTS On the l V day of , 2019, before me, the undersigned notary public, personally appeared WkItc ::iv 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 expre ed. Official Signature and SeL6f&LESLIE a My commission expires: WOODSON SNELL Notary Public01M�i0NY1EALTH OF Mp$SpCFNJSETfS UIV My Commf3mion Expires September 26, 2025 "EXHIBIT A" CURRENT ZONING CLASSIFICATION: Village Residential (VR) DRIGINAL SIGNED AND STAMPED COWES OF THIS PIAN MAY BE PHOTOCOPIED BY O� APPEALS OR THE �� PROPOSE MINIMUM LOT SIZE: 20,000 S.F. --39,937 S.F.d: REGISTRY OF DEEDS FOR RE CORDING PURPOSES. CASES OF DISCREPANCIES REGARDING INFORMATION CONTAINED HEREON AND MINIMUM FRONTAGE: 100 R. SEE PLAN FRONT YARD SETBACK: 20 FT. SEE PIAN UNAUTHORIZED PHOTOCOPIES OF THIS PLAN, ONLY OMOIINLY STAMPED AND ENDORSED COPIES SIOLL BE /d010WlIDCED BI Ti,' SIDE/REAR SETBACK: 10 Fi. SEE VLM! GROUND COVER 1<: NOR 7,63 7. CERTIFYING ;AND SURVEYOR. THIS INSPECTION PUN WAS PREPARED TO ACCOMPANY AN APPLIGADDN --AREA OF /11 MASS AVE. TO MEAN HIGH TIDE LINE SHOWN (10/31/18) TONANTUCKETOF APPEALS " IS NOT OFMEEULL O BE C KET Opi/- 6 11:4�AM TCWSOERCD IN SUARD THIS PLAN ESTABUS Rn LINES. FENCES, HuGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERTY LIES AgWN RELY ON M�wR� DEEDS AND PUNS OF RECORD. CHIS `aF' IN THIS INPIAN IS NOT A CERO1CATION AS TO THE TIRE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJO. PROPERTIES ARE SHOWN ACCOROHG '0 CURRENT TOWN OF KATTJCKLT MADAM i �\ ASSESSOR RECORDS. EARM6 TMS PURR SHALL N07 BE USED FOR ANY OTHER PJRPOSE OTHER TIMN $ (MENDED USE STATED IHOVC. ©Blxkwell & Associc,es Mc. 1 II/ o �I I �I UHT OF FEMA ZONE VE9 6G-80 W F.I.R.M. PANEL 25019CO064G. N ECTIVE 06/09/2014. SNOWDON M/11 MASS AVE ZONE VE9 --- LIMIT OF FEMA ZONE AE9 - ZONE AE9 F.I.R.M. PANEL 25019G0064G. I EFFECTIVE 06/09/2014. EXIST STEPSS EXIST, I PROPOSED Q4 3' PLANK ADDITION Z FENCE n ZONE AE9 ZONE X I yI PROPOSED DECK & STEPS ><I EXIST. DECK TO I PROPOSED ADDITION BE REPLACED 60-75 N� I g 6NA H O RUTH TAYLOR MURPHY MADANET WHEELHOUSE LLC PROPOSED 1 STY N MASS AVE W.F. DWELLING /13 MASS AVEE I OAA' AppR01%702 .F. JEFFREY L PROPOSED SHOWER I BU►CKVELL I Na 353388 H PR 0_ I A AD TI - ADDITOND FESSL0-G- - S o100.O0' PRO POND IN:: OT ON IW ADSHELL SHELL DRIVE EXIST. SPLIT DRIVE RAIL FENCE EXIST. EDGE AVSAND TRACK pN YASSAChT[JSE1 TS (Tuc1 Too.- C.O. EXISTING UEOIIf VENT SEWEit Proposed Conditions Site Plan to Accompany EXISTING EXISTING 1,500 CAL 60.2.4-01 Zoning Board of Appeals SEPTITECH S EPTIC TANK N/F JEAN MURPHY, Application PROCESSOR 60. 332 etd 18 MASS AVE vn N/ CALL HAND EXISTING $ Nantucket, Mass. 112 MASS AVE LEACH 60.3.1-338 SCALE: 1'= 20' DATE: N.-114, 2019 BED N/F SNOWDON RICHARD )I. SNOWDON 110 MASS AVE 07'CATHARINE E. SNOWDON Cert. of TRI, ... 12705.1 . _ _ .... . EXIST. PIo 240871s KOCJ( 29, Lp15. 16, 17v A ty VENT �. Deed BIU/Py_ 1665-Lt1 . Aar. )!OE. tO11ND OIINER INFORMATION 100.00' Tor MOP_Parcek 60-80 RICHARD W. SNOWDON CATHARINE E. SNOWDON Late_ 11 MASSACHUSETTS AVENUE - Cat. of TWO 27051 L.C. c. 2405-Y BLACKWELL & ASSOCIATES, Inc. BLOCK 29. LOTS 16, 17, 18. 19 Profession d Land Surveyors BLOCK 30, LOTS 16, 17, t& 19 20 TEASDALE CIRCLE Deed Bk./Pg.: 1685/01 NANTOCRPr, MASS. 02554 LEGEND (508) 228-9026 ASSESSOR'S MAP 60, PARCEL 80 111 MASSACHUSETTS AVENUE dh CB ■ DEIVOTES CONCRETE BOUND WITH DRDI/IOLE fOUAD ASSESSOR'S MAP 60.3.1, PARCEL 336 CRIB • DENOTES COUNTY ROAD BOUND FOUND GRAPHIC SCALE i10 MASSACHUSETTSSAVENUE ENUE T:\JACK 25 JOB 70 O O rsT 1 V\DRAWFI1_ES\87379\Z9A.drR 11/14/2018 3:31:55 PM EST 1 Inco 20 I. B72n