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Home My WebLink About19-18 9 West ChesterU1 C KE CLEtiv O N 2RAIO2015 FED -8 p� 2: 42 - RAI TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: February 4, 2019 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No.: 19-18 Owner/Applicant: ACK CRAZY, LLC Property Description: 9 West Chester Street Map 42.4.3, Parcel 12 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. Ant ietti, 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 42.4.3, Parcel 12 9 West Chester Street Residential Old Historic (ROH) DECISION: Bk 1618, Page 205 Lot 1; Plan Book 17, Page 48 Lot 4; Plan Book 20, Page 1 1. At public hearings of the Nantucket Zoning Board of Appeals (the "Board") opened at 1:00 P.M. on Thursday, June 14, 2018, and closed on Thursday, January 10, 2019 in the Conference Room, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the application of ACK CRAZY, LLC, 78 Rue du Prince, Edwards, Colorado 81632, in File No. 19-18. 2. The Applicant is requesting Special Permit relief pursuant to Zoning By-law Sections 139-30.A and 139-33.A in order to alter the pre-existing nonconforming structure by demolishing the rear wing of the dwelling unit, renovating and/or replacing the existing foundation as needed, and reconstructing the wing in substantially the same footprint. The, structure will be no closer to the westerly side yard lot line than the existing structure as a result of the proposed alterations, although there will be a vertical expansion within the setback. The Locus, an undersized lot, is situated at 9 West Chester Street, is shown on Nantucket Tax Assessor's Map 42.4.3 as Parcel 12, and as Lot 1 on Plan Book 17, Page 48 and Lot 4 on Plan Book 20, Page 1. Evidence of owner's title is recorded in Book 1618, Page 205. The site is zoned Residential Old Historic (ROH). 3. Our decision is based upon the application and accompanying materials, representations, and testimony received at the public hearings. The matter was officially opened on Thursday, June 14, 2018, and continued to all monthly meetings except on Thursday, December 13, 2018, until a final decision was voted upon on Thursday, January 10, 2019. There was no Planning Board recommendation, on the basis that no matters of planning concern were presented. The direct abutters expressed concerns about the impact of the project on the adjacent property. However, by the final hearing on January 10, 2019, the legal representative for the abutters confirmed that the parties had reached an agreement whereby all concerns had been assuaged based on conditions offered by the Applicant. 0 4. The Locus, as shown upon plan entitled "Building Location Plan of Land in Nantucket, Mass.", dated September 5, 2017, prepared by Blackwell & Associates, Inc., and attached herewith as "Exhibit A", is comprised of two undersized lots of record having combined lot area of 4,174 square feet in the ROH where 5,000 sq. ft. is the minimum lot size. Specifically, Lot 1, shown upon Plan Book 17, Page 48, was created circa 1969 and Lot 4, shown upon Plan Book 20, Page 1, was created circa 1977. Lot 4 was carved out of the adjacent lot in connection with the encroachment of a portion of the subject structure which extended over the shared lot line between Locus and 11 W. Chester (now shown as Lot 5 upon Plan File 42-C). 5. The property is improved with a 1,940 sq. ft. single family dwelling yielding a ground cover ratio of 46.5% where 50% is maximum allowed. The structure is pre-existing nonconforming as to side yard setbacks being sited approximately 0.8 feet from the westerly lot line at its closest point where minimum side yard setbacks are five (5) feet. The main mass of the dwelling structure is said to have been built circa 1800, with the subject back ell built sometime 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. 6. Applicant was represented by designer Juraj Bencat at the initial hearings and Attorney Steven Cohen at subsequent hearings. Both representatives explained to the Board that the proposal consists of a demolition of the rear wing, a replacement and/or renovation of the existing foundation, and construction of a new two-story addition without any change in footprint or ground cover. The chimney on the south elevation will be shifted further away from the westerly lot line. The ridge height of the proposed new wing will increase from roughly 18'f to 21'-9". At the initial public hearing on June 14, 2018, Mr. Bencat explained that he proposed to keep the existing foundation of the art studio addition and raise it up approximately six (6) feet, fixing the roof line so it matches the historic main house. 7. Although the alteration and expansion will result in a vertical extension of the westerly side yard setback intrusion, the structure as so altered shall be sited no closer to the westerly lot line than the existing structure. As such, Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-30.A and 139-33.A to allow an extension, alteration, or change to the structure, in order to rebuild a pre-existing, non -conforming rear wing of a dwelling unit and conduct renovations and/or repairs of the foundation as necessary. The relief may be granted based upon findings that the nonconforming setback distance will not be made more nonconforming and that the extension will not be substantially more detrimental to the neighborhood than the existing nonconformity. 8. At the hearing on July 12, 2018 and at subsequent hearings, the attorney for the direct abutters (same owner on both the east and west sides) explained that they support the project but 3 expressed concerns regarding the methodology to be implemented in the case of an existing foundation that may need to be renovated and/or replaced given that the dwelling sits virtually on the shared lot line with 11 West Chester Street. It was pointed out that it may be impossible for the work to be carried out without entering onto 11 West Chester Street. The Abutters' house is roughly five (5) feet from the shared lot line. As such, they requested 1) that appropriate safeguards be implemented to minimize adverse impacts on their property, and 2) that the imposition of the construction moratorium run from Memorial Day to Columbus Day. 9. The Board requested supplemental submissions regarding the design, construction methodology and protocols, scope of foundation work, and Historic District Commission approvals for the project. These submissions were provided and included in the file. In particular, a letter accompanied by a Foundation Plan, both attached herewith as "Exhibit B", prepared by a professional engineer were submitted which reviewed the as -built foundation and framing support conditions for the proposed project. The engineer affirmed that the work would consist of reinforcing the existing foundation from the inside, thereby eliminating the need for temporary shoring on the abutters' property. The project benefits from Historic District Commission approval by virtue of Certificate of Appropriateness No. 69609, as amended by No. 69858, and further amended by No. 70107. 10. At the further request of the Board, Attorney Cohen submitted for inclusion in the file a summary of an agreement between the Applicant and the direct abutters who had concerns with the application. The applicant agreed to several conditions, including that no exterior construction will occur between June 15 and October 1, which is outside the typical dates restricted by the Board of Memorial Day through Labor Day. Both parties agree to the expanded date prohibition. The abutter affirmed that the concerns previously expressed had been addressed and that they no longer had any objections to the project. 11. Therefore, based upon the foregoing, the Board made the findings that the demolition and reconstruction of the rear wing in substantially the same footprint with renovation and/or repair of the foundation would not make the nonconforming westerly setback distance more nonconforming and would not be substantially more detrimental to the neighborhood than the existing conditions and therefore granted the requested relief by Special Permit. 12. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested SPECIAL PERMIT relief pursuant to Zoning By-law Section 139-33.A(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. 70107 granted by the HDC, as the same may be amended from time to time. 4 b) The proposed alterations shall be performed in substantial accordance with the above -referenced "Exhibit B", and with the terms of the Agreement made between the owners of 7 & 11 West Chester and the Applicant. c) There shall be no exterior construction or hardscaping in connection with the project contemplated herein from Memorial Day to October 1St of any given year. 5 Assessor's Map 42.4.3, Parcel 12 9 West Chester Street Residential Old Historic (ROH) Dated: January 10, 2019 Bk 1618, Page 205 Lot 1; Plan Book 17, Page 48 Susan McC by v ae O'Mara Geoffrey Thayer COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. On the dayr✓'"� 2019, before me, the undersigned notary public, personally appeared rh ; t 6 /tK dl , 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. Official ignature and Seal of Notary Public My commission expires LESLIE WOODSON SNELL UlfNotary Public COMMONWEALTH OF WISSACHJSETfS My Commission Expires September 26, 2025 "EXHIBIT A" CURRENT ZONING CLASSIFICATION: JEFFREY Residential Old Historic (R.O.H.) EXISTING MINIMUM LOT SIZE: 5,000 S.F. 4174 S.F.t (LOTS 1 & 4) MINIMUM FRONTAGE: 50 FT. SEE PLAN FRONT YARD SETBACK: NONE SEE PLAN REAR/SIDE SETBACK: 5 Fr. SEE PLAN GROUND COVER %: 50% 46.4% f 42.4.3-13 N/F 7 WEST CHESTER STREET LLC DEED BK. 1604, PG. 178 PL. BK. 17, PAGE 48, LOT 2 #7 WEST CHESTER STREET 42.4.3-11.1 N/F ALLEN HUNTIBREED, TRUSTEEE,, et et al. l L DEED BK. 1607, PG. 24 PL. FL. 42-C, LOT 5 30.89' Jf T PL. BK. 20, PG. 106, #11 WEST CHESTER STREET O 8RlCI( � WALL I(r) --i L/ jV p ^ 39,01' & #3 WYER'S LANE 1,00' NITE 1 STEPS oI �G ERIC 8 PATIO DCIST x 1 o 1+ W/9a STYs. NG CHIMN tl' F. 7. � • LOT 4 PORCH 7.0 t P.B. 20-1 1.00 PERGOLA \GRANITE STONE STEP STEPS / �sirfP E BRICK WALL 1 EXISTING 2 STY, BRICK PATIO W/F DWELLING ;. �? 1940±S.F. 2ru tae STONE ::':' 42.4.3-14 �ri STEP N/F " N w WILLIAM M. MOORE, JR. p DEED BK. 925, PG. 171 0 3 ::: PL. BK. 12, PG. 5 '4- PL. BK. 21, PG. 48, LOT 1 #3 WEST CHESTER STREET GRANITE CID STEP 60-27 STEPPE ~ C��ST -, 20.001- 000_ JEFFREY L.' BLACKWELL No. 35388 THIS PLOT PLAN WAS PREPARED FOR THE TOWN OF NANTUCKET BUILDING DEPARTMENT ONLY AND SHOULD NOT BE CONSIDERED A PROPERTY LINE SURVEY. THIS PLAN SHOULD NOT BE USED TO ESTABLISH PROPERTY LINES, FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. THIS PLOT PLAN IS NOT A CERTIFICATION AS TO TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT ASSESSOR RECORDS. ASSESSOR MAP: . 42.4.3. , PARCEL: . 12 T:\LUCAS JOB 13 8:07:39 AM EDT BUILDING LOCATION PLAN OF LAND IN NANTUCKET, MASS. SCALE: 1"= 20' DATE: SEPTEMBER 5, 2017 Owner:. 31. PINE. STREET, LLC Deed Bk./Pg.:.. . 1574/1 Plan Bk./Pg.:.. .17/48, LOT 1; 20/1, LOT 4 Locus: 9.WEST CHESTER, STREET, . . . . BLACKWELL & ASSOCIATES, Inc. Professional Laud Surveyors 20 TEASDALE CIRCLE NANTUCKET, MASS. 02554 (508) 228-9026 86584 "EXHIBIT B" MICHELE CUDILO, P.E. Consulting Structural Engineer 123 Cottonwood Lane, Centerville, Massachusetts 02632-1979 • (508) 737-8521 • mcudilo@comcast.net DATE: August 3, 2018 To the Zoning Board of Appeals Nantucket, MA RE: AS -BUILT RESIDENCE FOUNDATION ZBA FILE#: 19-18 9 WESTCHESTER STREET Nantucket, MA Please be advised that I reviewed the above captioned project parameters at the site with the project team, to review as - built foundation and framing support conditions for the proposed plans for construction to an existing residence, as designed by JB STUDIO. I was informed and noted that the existing foundation wall on the rear wing is multi-wythe brick on a poured concrete footing, as shown on the foundation plan and detail drawing attached, F1.1. Of note is that the left side of this existing foundation wing is approximately 6" from the property line Due to the close proximity of abutting landscaping pavers and retaining walls, a portion of this area foundation will remain, and encased in a new inside facing foundation wall and footing to protect this boundary of the building and support the loads above. This load transfer design is structurally sound and meets the requirements for the project. Of further note is that temporary shoring on the a butters side of the property line is thereby eliminated. I trust this provides the information required for final foundation design approval. Sincerely, Michele Cudilo, P.E. /2018-62 A\tH OF MASS`S " MICHELE CUDILO o STRUCTURAL / No "A77b "EXHIBIT B" il F � `gl Ft7SSZO 7 F b'W la�DnjueN'-IS aa�saya�saM 6 00 i 6 � � 2 c w � � —1 38 � aaIsayDLU � o ISaM 6 le aDuapisa1:1 s 1 1 I 1 I I I 1 I I 1 7 zl7 �I � G 1 1 I 1 I I I 1 I I 1 7 zl7 �I �