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'9AORAi�� TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: March 26, 2019
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No.: 50-18
Owner/Applicant: MILTON C. ROWLAND and ROBERTA M. ROWLAND
Property Description: 2 Cottage Court
Map 55.4.1, Parcel 91
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 91 Bk 1632, Page 92
2 Cottage Court Lot 3
Residential Old Historic (ROH) Plan Book 15, Page 68
DECISION:
1. At public hearings of the Nantucket Zoning Board of Appeals (the "Board")
opened at 1:00 P.M. on Thursday, December 13, 2018, Thursday, January 10, 2019, and
closed February 14, 2019 in the Conference Room, at 4 Fairgrounds Road, Nantucket,
Massachusetts, the Board made the following Decision on the application of MILTON
C. ROWLAND and ROBERTA M. ROWLAND, 15 Deer Run Road, Nantucket,
Massachusetts, 02554, in File No. 50-18.
2. Applicants are seeking Special Permit relief pursuant to Zoning By-law Section
139-33.A in order to construct a twenty-seven (27) sq. ft. addition to connect the pre-
existing nonconforming shed and garage, both sited as close as 0.1' from the easterly lot
line where required side yard setback distance is five (5) feet. Applicant further seeks
approval of a change of use of the proposed merged structure into either a secondary
dwelling or garage/studio. While the alteration consists of an expansion within the
easterly side yard setback, the resulting single structure will be no closer to the side yard
lot line than the existing structures. The Locus is situated at 2 Cottage Court, is shown on
Assessor's Map 55.4.1 as Parcel 91, and as Lot 3 on Plan Book 15 Page 68. Evidence of
owner's title is recorded in Book 1632, Page 92 on file at the Nantucket County Registry
of Deeds. The site 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 were letters of opposition to the conversion to a secondary dwelling and to work
taking place during the summer; there was also a letter in support of the application.
4. The Locus is a drumstick shaped lot of record, having a lot area of 8,077 sq. ft. in
the ROH district where minimum required lot area is 5,000 sq. ft., and having double
frontage onto Cottage Court to the north and Warren Street to the south, although official
frontage is taken from Cottage Court and is 35.44 feet, inadequate to meet the minimum
2
fifty (50) foot frontage requirement. The property is improved with a 1,035 sq. ft.
dwelling, a roughly 370 sq. ft. single story garage, and a zoning shed having a footprint
under 200 sq. ft., for an existing Ground Cover Ratio ("GCR") of 17.4% where 50%
GCR is allowed. The dwelling is compliant as to setbacks (0' front yard setback in ROH)
whereas the shed and garage are sited as close as 0.1' from the easterly side yard lot line.
The lot and structures all predate the adoption of the Zoning By-law and are therefore
considered grandfathered.
5. Attorney John B. Brescher represented the Applicants at the hearing. The
Applicants are requesting Special Permit relief pursuant to Nantucket Zoning By-law
Section 139-33A.(1) to allow the connection of the shed and garage into one structure as
shown on the site plan entitled, "Proposed Site Plan of Land in Nantucket, Mass.", dated
November 12, 2018, prepared by Island Surveyors, LLC, and attached herewith as
"Exhibit A". As shown on the site plan the connection between the two structures would
be no closer to the lot line than the existing structures and would add approximately 27
+/- sq. ft. of ground cover. Said alterations have been approved by the Historic District
Commission by virtue of Certificate of Appropriateness No. 71108.
6. Attorney Brescher further stated the Applicants are requesting Special Permit
relief to convert the use of the newly joined structure (i.e., the shed and garage
converging into one structure) to either a garage/studio or a secondary dwelling. Due to
the pre-existing nonconforming nature of the structures as a result of easterly side yard
setback intrusions, a change of use requires Special Permit relief pursuant to Section 139-
33.A.(1).
7. At the initial public hearing ("IPH") on December 13, 2018 hearing, Attorney
Brescher explained the relief set forth in the application. The Board suggested the
Applicants, who were unable to attend the IPH, come back the following month with a
construction methodology if warranted by the proposed scope and additional information
relative to the proposed construction and renovations. At the January 10, 2019 meeting,
Attorney Brescher and the Applicants discussed the construction methodology and the
existing conditions upon the property. The Applicants stated that they would like a
garage/studio and would like to eliminate the request to convert the structure to a second
dwelling. The Applicants stated that they had verbally confirmed with the abutter to the
east that there would be no secondary dwelling and, therefore, her concerns had been
allayed. The Board suggested that given the close proximity to the neighboring property
and the need to access her property in order to complete the work, the Applicants obtain a
letter from said abutter allowing them to access the abutter's property in order to make
the renovations.
8. At the February 14, 2019 hearing, the Applicants provided the Board the
requested letter and explained that the abutter would like gutters installed on the
garage/studio so as to alleviate some of the water runoff during a rainstorm. The
Applicants agreed to such a request.
3
9. Accordingly, Attorney Brescher and the Applicants explained that because the
proposed alteration will not be substantially more detrimental to the neighborhood
because the structures will be no closer to the lot line than the existing structures and
because the change of use from a garage and shed to a garage/studio is a use allowed by
right in the Residential Old Historic zoning district, Special Permit relief may be granted.
10. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board GRANTS
SPECIAL PERMIT relief to approve the alteration, expansion, and change of use of the
structures as shown on the above -referenced site plan attached hereto as "Exhibit A",
subject to the following conditions:
a. The alterations upon the Locus shall be performed in substantial conformity
with the Site Plan attached herewith as "Exhibit A";
a) The proposed alterations shall be performed in substantial conformity with the
plans as approved by the HDC under Certificate of Appropriateness No.
71108, as may be amended from time to time;
b) There shall be no exterior construction between Memorial Day and Labor Day
of any given year in connection with the work contemplated in this
application; and,
c) The Applicants shall take appropriate measures, such as installation of gutters
on the roof of the garage/studio, to prevent and mitigate stormwater runoff
onto the neighboring property to the east.
4
Assessor's Map 55.4. 1, Parcel 91
2 Cottage Court
Residential Old Historic (ROH)
Dated: February 14 2019
Nantucket, ss.
Bk 1632, Page 92
Lot 3
Plan Book 15, Page 68
6san�Mc7Ca�hy
COMMONWEALTH OF MASSACHUSETTS
On the a(O�" day of M&I,/jr, V , 2019, before me, the undersigned notary
public, personally appearedsusaf!jIl.( , one of
the above-named members of the Zoning Board of Appeals o antucket, 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 express d.
I
MEGAN TRUDEL Officia`PSignatui
Notary Public
COh1MOUWtALTH OF MAtSACHUSETTS My commission
My Commission Expires 01
May 06, 2020
Seal of Notary Public
s a,4� r5, a oaC7
"EXHIBIT A"
CURRENT ZONING CLASSIFICATION:
Residential Old Historic (R—OH) EXISTING:
MINIMUM LOT SIZE: 5000 S.F. , 8,077± S.F.
MINIMUM FRONTAGE: 50 FT. $EE PL,AIV_ .
FRONT YARD SETBACK: none 151T Fok .
REAR/SIDE SETBACK: 5 FT. SEE, PLAN. .
GROUND COVER % 50% SEE PLAN.
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, 2 STY W/F
z BUILDING
UNDER CONSTRUCTION
SHELL/SAND EXIST���
NG
55.4.1-143.1 � DRIVE , \� 1 TY I W/F
N/F d� BUILDING 55.4.1-29
BRADLEY JAMES \ ; 0.3:� G.C.=168± S.F. N/F
PROPOSED JOHNSON PRISCILLA
ADDITION
\ \ p G.C.=27± S.F.
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EXISTING
Oj 1 STY W/F
BUILDING
G.C.=370± S.F.
55.4.1-92
N/F �, \ �� 1
SCHACK PROPERTIES LLC 30 59
WAR
REN
I CERTIFY, AS OF : . 1 ),I t-41 -.1 E, THAT
THE BUILDING(S) IS/ARE CAT£D ON THE
GR AS SHOWN HERto
PROFESSIONAL LAND Y0
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.
PROPOSED SITE PLAN
OF LAND IN
NANTUCKET, MASS.
SCALE: 1"= 30' DATE: NOVEMBER 12, 2018
Owner: ,MILTON C., & .ROBERTA M.. ROWLAND _ .
LOT 3
Deed: .1632792_ . . . Plan: PLAN BOOK 15 PAGE,68
Locus:....... ?. COTTAGE COURT . . , ,
ASSESSOR MAP: 55.4.1 , PARCEL: . .9.1. .
ISLAND SURVEYORS, LLC
Professional Land Surveyors
90 OLD SOUTH ROAD
NANTUCKET, MASS. 02554
(508) 228-2720
K-747