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HomeMy WebLinkAbout16-19 54 Prospect Str. ♦t N UCJ' f � m � •i TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 Fee: $450.00 APPLICATION f � r 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: 1 hi �,20.v-r f�o.z.� a+ i s P,.s �•�•�h1< �e.��- ge+c _ TSe .2�.oco►.i s 3: T � � 3' U1' �P �'�'� $V.'!d. '..� Gm oG � .'� a► L...� �'h � /2 �a • � • -• ! . S .vPSs�o�y f o 2 S A �C-C IC �l .�U C 7,-4,e T/1.e e T �t �[ -t( j / / 7 17'4-#- &14 p[* T'�o,t. ut g" s r ir'o 64 T_ 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notice posted with Town Clerk:_/_/_—Mailed:_- I&M_/_/_ &_/_/_ Hearing(s) held on: _/�/_ Opened on Continued to:_/_/_ Withdrawn:_/_/_ Decision Due By:_/_/_ Made:_/_/_ Filed w/Town Clerk:_/_/_ Mailed:_/_/_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508 325-7587 telephone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 Town and Countv of Nanflbkpt NAA ivicty LG, LU1�j �----I 554.1154 •-,�' 55.4 .1 .95 h 55.4. _ 4 4 55 7 ..1`153.,_,- ». . 41 10'%\ - 55.4.5.4.1105 i a 11 .41 43 - .4.1 179 -•- ^". 55.4.155 , r r' 207 g 4; 55.4.1 78 •�/ 5.4. 152 �i, • 553:1 r 55.. 205 15 •-.••' 37 S55.Q 3105 tC 33 31 i A r �55 R y •. .......... -.. --. _.... --........ ._.,.f.y:a YORK ST 5541: YORK ST YORK ST •o� VORR51 -- ____ SS " •'Ss103 5 4 1 102 - 3 5.4.1 101 t¢ 36 34 Y 32 _ �. 55.4.1 53,:1 55.4.x, 511?3 98 egg+ 55,4.1 99 55.1 1 201: .1 50 ` •• ; 3 <• .. 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 51 3.. •, 5514 ..____' .:� '•5516 47 .. _.... 55 812 r5.23 6 -5 715 6 55 335 - • 551 • 7 5 - SS P3 55914•. 55326 510 ........ 1 � e 9 v. 110 551• t -..•.. _...... ._.. ,..... .._...r Y it 14 ..• 55 20 5 0 55 330 - 3:..or-, 1 a .................... II - 1 • //552155331 '_ ii ■ 22 59„'148 _ -4 t55 33.1 _ ..( 32 5 8.4 ; \ 62 15'• 558.2 5 16 55 P 5533 :v--_ ------ _--- _—. . 55 1. •, 14 •• ram l 55'8.1 -_ ;l s195 t-....... >. 1"=125ft �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 � ODS utc K 55.4.7-53.7 GRANITE IX/STING 5.7- N/F CURB 1 STY W F 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