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Home My WebLink About48-18 2 Hussey Streetr; £ y { IJ 2919 FEB -8 Fri 2: 42 9p°AA��o 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.: 48-18 Owner/Applicant: SCOTT T. O'CONNOR Property Description: 2 Hussey Street Map 42.3.1, Parcel 119 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 42.3.1, Parcel 119 Book 1291, Page 206 2 Hussey Street Plan Book 16, Page 34 Commercial Downtown (CDT) Lot 2 DECISION: 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 SCOTT T. O'CONNOR, 6A Arrowhead Drive, Nantucket, Massachusetts 02554, File No. 48-18: 2. Applicant is seeking Special Permit relief pursuant to Zoning By-law Section 139-33.A in order to alter and extend the pre-existing nonconforming dwelling, the rear elevation of which is sited within the five (5) foot rear yard setback. Specifically, applicant proposes to enclose areas under existing roofs to build small additions and to construct a pergola. While the alteration consists of an expansion and extension within the southerly rear setback, the resulting expanded structure will be no closer to the rear yard lot line than the existing dwelling. Locus is situated at 2 Hussey Street, is shown on Assessor's Map 42.3.1 as Parcel 119, and as Lot 2 on Plan Book 16 Page 34. Evidence of owner's title is recorded in Book 1291, Page 206 on file at the Nantucket County Registry of Deeds. The site is zoned Commercial Downtown (CDT). w 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. Except for the applicant's presentation, there was neither support nor opposition presented at the public hearing, nor any adverse written comment received. 4. Attorney Michael Wilson represented the Applicant at the hearing. He explained to the Board the proposed alteration of a pre-existing nonconforming structure which consists of enclosing areas under an existing roof to add a mud -room and a dining room as well as build a pergola, all as shown on plan entitled, "Proposed Site Plan of Land in Nantucket, Mass.", dated November 14, 2018 and prepared by Island Surveyors, LLC, a reduced copy of which is attached herewith as "Exhibit A". There is a permissible increase in ground cover from 599 square feet to 747 sq. ft. in CDT where 75% of 1,463 sq. ft. would yield a maximum allowable ground cover of up to 1,097 sq. ft. The alterations will result in a horizontal extension of the rear setback intrusion and additional massing within the setback with the enclosure on the southeast corner. The addition on the northeast corner meets with the dimensional provisions of Section 139-16. 2 5. Locus benefits from prior relief granted in ZBA File No. 015-97 (recorded at Book 532, Page 300 on file with the Nantucket County Registry of Deeds) by Variance and Special Permit to validate the undersized lot as separately marketable from adjacent 34 Center St., to allow the accessory apartment use and unit size, and to waive on-site parking requirements. This decision was later modified in File No. 020-11 (recorded at Book 1305, Page 205) to allow the conversion of the structure into a single family dwelling unit in its current configuration. 6. The existing residential use is not being altered, although the pre-existing nonconforming structure is. Relief is sought pursuant to Section 139-33.A(1) which reads in pertinent part: aL Preexisting, nonconforming structures or uses may be extended, altered, or changed, provided that: LaLThe special permit granting authority finds that such extension, alteration, or change shall not be substantially more detrimental than the existing nonconforming structure and/or use to the neighborhood. Where an existing structure violates a front, rear, or side yard setback distance, the special permit granting authority may issue a special permit to allow an extension, alteration, or change to the structure, provided that the nonconforming setback distance is not made more nonconforming and based upon a finding that the extension will not be substantially more detrimental to the neighborhood than the existing nonconformity; [... ] 7. Based upon the foregoing, the Board made the finding that the proposed alteration and expansion of the dwelling structure, as shown on the above -referenced Site Plan, does not render the nonconforming setback distance more nonconforming and is not substantially more detrimental to the neighborhood than the existing nonconformity, and therefore, said alteration may be approved by Special Permit. 8. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board GRANTS relief by SPECIAL PERMIT pursuant to Zoning By-law Section 139-33.A subject to the conditions below: a. The alterations upon the Locus shall be performed in substantial conformity with the Site Plan attached herewith as "Exhibit A"; b. 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 herein. 3 Assessor's Map 42.3. 1, Parcel 119 2 Hussey Street Commercial Downtown (CDT) Dated: December 13, 2018 Book 1291, Page 206 Plan Book 16, Page 34 Lot 2 Brim sevtac A A/ fo Mark Poor Geoff Thayer COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. On the –7 day of b i k -/' 2P19, before me, the undersigned notary public, personally appeared P— , 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 Vxassed., Offici& Signature and Seal of -Notary Public My commission expires: LESLIE WOODSON SNELL ul) Notary Public4 COId1A0NVVEALTH OF MASSACHUSETTSMy Commission Expires September 26, 2025 CURRENT ZONING CLASSIFICATION: .&U, SRV Residential Commercial Downtown: (RCDT) EXISTING: MINIMUM LOT SIZE: 3,750 S.F. S.F. MINIMUM FRONTAGE: 35 FT. .1,463± SEE PLAN. . FRONT YARD SETBACK: none . SEEPLAN, REAR/SIDE SETBACK: 5/0 FT. SEE• . PLAN.. . GROUND COVER % 75% SEE. PLAN. . 0.64 �N o' 42.3.1-160 N/F CAVANAUGH SUSAN JEAN H .&U, SRV _ S TR��'7' 39.40 -_-_-_-_- 0.7t GROUND COVER :_=__= G.C.=125± S.F. I -- -=. PORCH � PROPOSED N GROUND COVER EXISTING G.C.=23± S.F. 2 STY W/F N BUILDING / G.C.=599± S.F. j 13.5.E 0.64 �N o' 42.3.1-160 N/F CAVANAUGH SUSAN JEAN H I CERTIFY, AS OF : . (.I. THE BUILDING(S) IS/ARE LOCATED GROUND AS SHOWN HEREOAh PROFESSIONAL LAND 42.3.1-161 N/F 13 INDIA STREET LLC "EXHIBIT A 42.3.1-120 N/F 34 CENTER STREET LLC: PROPOSED PERGOLA JBAT PROPOSED SITE PLAN FP*OF LAND IN NANTUCKET, MASS. THIS PLOT PLAN WAS PREPARED FOR ''154T,TOWW" 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 ASSESOR RECORDS. SCALE: 1"= 10' DATE: NOVEMBER 14, 2018 Owner: ..... :SCOTT T. Q'CQNNOR ........ . Deed: . ,129.1-206_ • Plan: . j6-34; LOT 2. Locus: . . . . . . .2 HUSSEY STREET . . . . , . ASSESSOR MAP: .42.3.1. , PARCEL: 19. . FBK.: 1/23 ISLAND SURVEYORS, LLC Professional Lard Surveyors 90 OLD SOUTH ROAD NANTUCKET, MASS. 02554 (508) 228-2720 K-233 _-" 2 nd STORY DECK -_-_-_-_- PROPOSED GROUND COVER :_=__= G.C.=125± S.F. 4307 N -- N � 0 I CERTIFY, AS OF : . (.I. THE BUILDING(S) IS/ARE LOCATED GROUND AS SHOWN HEREOAh PROFESSIONAL LAND 42.3.1-161 N/F 13 INDIA STREET LLC "EXHIBIT A 42.3.1-120 N/F 34 CENTER STREET LLC: PROPOSED PERGOLA JBAT PROPOSED SITE PLAN FP*OF LAND IN NANTUCKET, MASS. THIS PLOT PLAN WAS PREPARED FOR ''154T,TOWW" 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 ASSESOR RECORDS. SCALE: 1"= 10' DATE: NOVEMBER 14, 2018 Owner: ..... :SCOTT T. Q'CQNNOR ........ . Deed: . ,129.1-206_ • Plan: . j6-34; LOT 2. Locus: . . . . . . .2 HUSSEY STREET . . . . , . ASSESSOR MAP: .42.3.1. , PARCEL: 19. . FBK.: 1/23 ISLAND SURVEYORS, LLC Professional Lard Surveyors 90 OLD SOUTH ROAD NANTUCKET, MASS. 02554 (508) 228-2720 K-233