Loading...
HomeMy WebLinkAbout50-18 2 Cottage CourtN A � � I U^Gr K Erb pNTUCb '' i O W `'� CLEr APR -3 PM 2: 56 yco�1 '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. Z3� AGE ,- TT �, Cp VRT z (� p � / 35 �� 55.4.1-28 V N/F o J& L BURKE FAMILY LP c A 34.2 y d' EXISTING � , 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. � � o 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