HomeMy WebLinkAbout16-19 54 Prospect Str.
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
Fee: $450.00
APPLICATION
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2019 KO 22 PM 1: 57
File No. 1641
Owner's name(s): -- /Z. (r $4 ey4� ; G Co o '�L �.•
Mailing address:_�j' , n k�, UD� z `T Sj— j Z-) A,,, O Z 5-011
Phone Number: 5-0 tl ._ 3 t 7 -- (o z q E -Mail: vf, cf 4,—L q 2ac., < �✓
Applicant's name(s): S 17r e C_ Ci
Mailing Address:
S q —I_�
Phone Number: _ f� rVi�•C E -Mail:
Locus Address: 5 r Assessor's Map/ParceL•5�
Land Court Plan/Plan Book & Page/Plan File No..::L LA -71
Deed Reference/Certificate of Title:&LI141 Pq' Zo 'Hing District
Uses on Lot- Commercial: None Yes (describe)
Residential: Number of dwellings_ Duplex 6:> Apartments 'D
Date of Structure(s): all pre -date 7/72 or
Building Permit Numbers: Z Q ^ ) -1
Previous Zoning Board Application Numbers:
2 Fairgrounds Roa-d-- Nantucket Massachusetts 02554
508 325-7587 t61-vp.hone 508-228-7298 facsimile
State below or attach a separate addendum of specific special permits or variantexelief applying for:
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I certify that the information contained herein is substantially complete and true to the
best of my knowledge, under the pains and penalties of perjury.
SIGNATURE: S ; Owner*
SIGNATURE: Applicant/Attomey/Agent*
*If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency.
OFFICE USE ONLY
Application received on:—/—/— By: Complete: Need Copies:
Filed with Town Clerk: -LL planning Board:_/_/_ Building Dept:-/-/- By:
Fee deposited with Town Treasurer___ $y:_ Waiver requested:
Granted:—/—/— Hearing notice posted with Town Clerk:_/_/_—Mailed:_-
I&M_/_/_ &_/_/_ Hearing(s) held on: _/�/_ Opened on
Continued to:_/_/_ Withdrawn:_/_/_ Decision Due By:_/_/_
Made:_/_/_ Filed w/Town Clerk:_/_/_ Mailed:_/_/_
2 Fairgrounds Road Nantucket Massachusetts 02554
508 325-7587 telephone 508-228-7298 facsimile
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Property Information
Property ID 55.4.1 54
Location 54 PROSPECT ST
Owner OROURKE PAUL M & ELISABETH O
� 55. 1 55.4. 48 ! 4
V, 7 2 ��51 .•.
55 32 in
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�aAPa#ATE® r
MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
Town and County of Nantucket, MA makes no claims and no
warranties, expressed or implied, concerning the validity or
accuracy of the GIS data presented on this map.
Geometry updated 11/13/2018
Data updated 11/19/2018
ZONING CLASSIFICATION: R-1
MIN. AREA , , . , ,
, 5000 S.F.
MIN. FRONTAGE:.....
S9. FT
FRONT YARD S.B.:....
19 ,FT:
REAR & SIDE S.B.:....
J5. FT.
GROUND COVER (X):.
30,
v�
OCUS N
HOSPITAL
SEE ZONING ADMINISTRATOR DECISION
DEED BK. 1574 PG. 42
ti
LOCUS MAP SCALE: I" = 1,600'±
C.R.B. 54.4.1-55
GREGORYFGILES
2.5' DIA EXISTING
PROPA E CLEAN OUT
EXISTINGTANK
a' SCRH 7 ERAL
SEWELAATPVC
_ — 30.92
ABUTTERS 2$ 4IN
..0 9 �
WATER METER ` � HVAC
0 ODS DECK 55.4.1-53.1
GRANITE EXISTING5 N/F
CURB 1 STY WI MARIA F. PINO
DWELLING
° G.C.=7511S.F. 8--1
LOCUS (FOUNDATI)N
WATER METER
DECK 6.6'
ON
o
�ytHOF
NUCHAEL
7X17 \
E' m SEWER UNE
CONNOLLY PAINT MARK- --- \
Nm 49M AS PER D.P.W. GRAVEL
FOR LINE DIRECTION PARKING
37.89
BENCH MARK:
12' SPIKE
EL. = 58 48
APPROX. NANTUCKET CIS
BERM
�I
55-322
N/F
O
BATTLE ROAD COMPANY INC.
DISCONNECT CONNECT PLAN
LOCUS: 54 PROSPECT STREET
CEL 54
ASSESLANSNO.
0 LAND
03555,1 LPAR
OT
�O-
PREPARED FOR:
AS BUILT SCHEDULE OF ELEVATIONS:
`m'\
INVERT EXIT DWELLING ® CLEANOUT: 58.47'
��
EXISTING
SEWER MAN HOLE
INVERT ANGLE PT ® ROAD: 57.71'
MICHAEL CONNOLLY & ASSOCIATES INC.
CLEAN OUT STATION
INVERT ® WYE CONNECTION: 54.87'
RIM EL. =55.63 FIELD
( IN FEET)
NANTUCKET, MA. 02554
RIM TO INVERT FIELD
(508) 228-8910. r _ 7 9 ,(--
= 4.82'
INVERT EL.= 50.81'
EXISTING:
2, 677E S.I
,SEE PLAN .
SEE.PL9N
,SEE, PLAN
AS BUIL T
APPROX. NANTUCKET GIS
BUILDING LOCATION
AND SEWER
DISCONNECT CONNECT PLAN
LOCUS: 54 PROSPECT STREET
CEL 54
ASSESLANSNO.
0 LAND
03555,1 LPAR
OT
IN
PREPARED FOR:
NANTUCKET, MA.
PAUL M. & ELISABETH 0. O'ROURKE
DEED BK. 1147 PC. 324
GRAPHIC SCALE
SCALE: 1"--20' DATE: MARCH 6, 2019
20 ° ° 20
MICHAEL CONNOLLY & ASSOCIATES INC.
40 �°
PROFESSIONAL LAND SURVEYORS
150 SURFSIDE ROAD
( IN FEET)
NANTUCKET, MA. 02554
1 inch = 20 tG
(508) 228-8910. r _ 7 9 ,(--
r `
L.
TOWN OF NANTUCKET 1t!
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: July 11, 2019
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No.: 16-19
Owner/Applicant: PAUL O'ROURKE & ELIZABETH O'ROURKE
Property Description 54 Prospect Street
Map 55.4.1 Parcel 54
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 54
54 Prospect Street
Residential One (R-1)
DECISION:
Book 1147, Page 324
shown as Lot 2
Plan File 03-55
At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday. June
13, 2019, at 1:00 PM, in the First Floor Community Room of the Public Safety
Facility at Four Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of PAUL O'ROURKE and ELIZABETH
O'ROURKE, 54 Prospect Street, Nantucket, MA 02554, File No. 16-19.
2. Applicants are requesting Variance relief pursuant to Nantucket Zoning By-law
Section 139-32 for a waiver from the front yard setback provisions of Section 139-
16.A in order to validate the placement of a front stoop/deck, a portion of which is
sited slightly closer to the westerly front yard lot line than the prior dwelling, which
was demolished and replaced with the existing structure. The demolished structure
had been pre-existing nonconforming as to the required ten (10) foot front yard
setback (0.9'). However, the inadvertent siting of the front stoop/deck (0.2')
essentially increased the nonconformity. The Locus, an undersized lot of record, is
situated at 54 Prospect Street, shown on Assessor's Map 55.4.1 as Parcel 54; and as
Lot 2 upon Plan File 03-55. Evidence of owner's title is recorded in Book 1147.
Page 324 on file at the Nantucket County Registry of Deeds. The site is zoned
Residential One (R-1).
3. Our decision is based upon the application and accompanying materials,
representations, and testimony received at our public hearing. There was no
Planning Board recommendation on the basis that no matters of planning concern
were presented. One abutter letter was received in opposition to the application. No
oral opposition to the application was presented at the public hearing.
5. The Locus benefits from prior relief by virtue of Special Permit granted in File No.
078-03 (recorded at Book 868, Page 155 with the Registry of Deeds). Said decision
K
allowed the reconfiguration of the Locus by altering the common lot line between
the Locus and the adjacent lot to the north to cure the northerly side yard setback
intrusion and to increase the lot area, thus decreasing the pre-existing
nonconforming lot size. The Locus was granted additional relief from the Zoning
Administrator in 2016 (ZA No. 15-16; recorded at Book 1574, Page 42) to demolish
the pre-existing, nonconforming single story dwelling unit and to construct a new
expanded dwelling unit in substantially the same footprint with an addition on the
rear elevation. The expansion resulted in a ground cover increase from 484 square
feet to 751 sq. ft. for an increase in Ground Cover Ratio ("GCR") from 18.1% to
28.1 %. The work was performed in accordance with Certificate of Appropriateness
No.s 66381 and 66770.
6. Applicants explained to the Board that the Locus is nonconforming as to lot area,
containing approximately 2,677 sq. ft. in R-1 which requires a minimum lot area of
5,000 sq. ft. The pre -demolition / 2016 relief dwelling was pre-existing,
nonconforming as to front yard setback, being sited less than one (1) foot (as close
as .9') from the front yard lot line abutting Prospect Street where a ten (10) foot
front yard setback is required. The proposed dwelling was and is conforming as to
side and rear yard setbacks, as to ground cover, with a GCR less than the maximum
allowable 30%, and as to parking providing one compact 7' x 17' space in the
southwest corner of the lot. Applicant provided a close up color photograph of the
stoop and railing to illustrate the de minimis intrusion and to show the need for
stoop of this design for safety purposes.
7. Applicants are seeking relief to allow a de minimis intensification of the front yard
setback encroachment. As shown on As -Built plan prepared for Paul M. &
Elizabeth O'Rourke by Michael Connolly & Associates Inc., dated March 6, 2019,
and attached herewith as "Exhibit A", a portion of the stoop has been inadvertently
sited 0.2' from the front yard lot line. Applicants maintain that the steps had been
built to the minimum standard in the context of the Building Code requirement and
stated more specifically that "the front porch is 8 '/2 inches in the setback because it
has to be 3' deep per Building Code and the railing is necessary for safety."
8. Therefore, pursuant to Section 139-32, Variance relief may be granted by the Board
of Appeals in an instance such as this one to validate the siting of this particular
structure owing to the specific circumstances relating to the shape of the structure
upon an undersized lot and building code and safety requirements, and that a literal
enforcement of the provisions of this chapter would involve substantial financial
hardship, to comply with the intensity regulations of the R-1 zoning district. As
such, desirable relief may be granted without substantial detriment to the public
3
good and without nullifying or substantially derogating from the intent or purpose
of such By-law.
9. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board grants relief
by VARIANCE pursuant to Zoning By-law Section 139-32 from the provisions in
Section 139-16 to approve the siting of the residential structure on the Locus as
shown on the attached "Exhibit A", subject to the condition that there shall be no
further expansion within the front yard setback without further relief from this
Board.
I NATURE PA E T F LLOW
rd
Assessor's Map 55.4.1 Parcel 54
54 Prospect Street
Residential One (R-1)
Dated: June 13, 2019
COMMONWEALTH OF
County of Nantucket, ss
Book 1147, Page 324
shown as Lot 2
Plan File 03-55
Kerim s ac
Geoff Thayer
Mondani
CHUSETTS
cf
On the day of Q_ , 2019,_before me, the undersigned notary
public, personally appeared &,)1M -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 e*"ressc�_
My
'�ture and Seal of NotaR l9blic
PAUL M. MURPHY
•i NOTARY PUBLIC
Commonwealth Of Massachusetts
My Commission Expires
December 17, 2021 5
HOSPRAL
s
v
=
ee
LOCUS MAP SCALE: 1" = 1,600'±
- � C.R.B.
ZONING CLASSIFICATION: R-1
MIN. AREA:......
5000 S.F.
MIN. FRONTAGE .....
50 ., FT.
FRONT YARD SB.:....
19 . FT:
REAR h SIDE S.B.:....
5. FT.
GROUND COVER (X):..30.
9
SEE ZONING ADMINISTRATOR DECISION
DEED BK. 1574 PG. 42
54.4.1-55
N/F
GREGORY GILES
2.5' 06L
PTANROPANE
7NG
LATEX _
o
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ODS utc K 55.4.7-53.7
GRANITE
IX/STING
5.7- N/F
CURB
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MARIA F. PIIJO
°
DWELLI G
B—t'
NANTUCKET, MA.
G.C.=751fS.F.
(FOUNDATION
wATLOCUS R
GRAPHIC SCALE
SCALE: 1 "=20' DATE'' MARCH 6, 2019
VN
DECK
?
6.6' v
o
ON
yhoFa4; �
� N
H? 5
ZG• ���
150 SURFSIDE ROAD
( IN ter)
7X17 \
1 inch = 20 It.
SEWER LINE
CONNOLLY I Ip .. _ FAINT, AiARK----
Nfl.4:`RSid ( AS PER D.P.W. GRAVEL \
FOR LINE DIRECTION
/37.89
\ PARKING
—,
dhCB
'
CAPE COD
a MARK:
BERM
12QH
EL12=55eKa,
_�
55-322
APPROX. NANTUCKET GIS
N/F
BATTLE ROAD COMPANY INC.
O�
-O
AS BUILT SCHEDULE OF ELEVATIONS:
`�k
INVERT EXIT DWELLING ® CLEANOUT 58.47'
EXISTING
SEWER NGHOLr
INVERT ANGLE PT. ® ROAD: 57.71'�
CLEAN OUT STATION
INVERT ® WYE CONNECTION: 54.87'
RIM EL. =55.63 FIELD
RIM TO INVERT FIELD
=4.82'
INVERT EL.= 50.81'
"EXHIBIT A"
DZ'WG:
2, 0771. S.
SEE PLAN
SDE. PLAN
.SEE. PLAN
AS BUIL T
APPROX. NANTUCKET GIS
BUILDING LOCATION
AND SEWER
DISCONNECVCONNECT PLAN
LOCUS: 54 PROSPECT STREET
ASSESSOR'S
T 2 ` 54
0 LAND
NMAP O. 03555,1 LPARCEL
IN
PREPARED FOR:
NANTUCKET, MA.
PAUL M. & ELISABETH 0. O'ROURKE
DEED BK. 1147 PC. 324
GRAPHIC SCALE
SCALE: 1 "=20' DATE'' MARCH 6, 2019
:o U 10 20
MICHAEL CONNOLLY & ASSOCIATES INC.
�°
PROFESSIONAL LAND SURVEYORS
150 SURFSIDE ROAD
( IN ter)
NANTUCKET, MA. 02554
1 inch = 20 It.
(508) 228-8910. (-_ 7?Fr