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HomeMy WebLinkAbout018-04 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: ~tl ,Jo , 20d Y To: Parties in Interest and, Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: Of? --0 Y Owner/Applicant: Richard (T/ ('ok fl." YfU'tPee n.p rom fl\Qr& r1 ~ ()j A(J If- lL6;r{r Me T IVSr Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket ~own 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 an complaint in 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. ~(jN~ LS2~oW IJd.M CJ; J~, /1g/ Cha irman cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING' TO NANTUCKET ZONING BY-LAW ~139-30I (SPECIAL PERMITS); ~139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 Assessors Map 42.2.4 Parcel 6 R-C 21 Commercial Wharf Land Court Plan 27017-A COT 18,107 At a Public Hearing ofthe Nantucket Zoning Board of Appeals, held at 1 :00 P.M., Friday, March 12, 2004, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of the RICHARD G. COREY, AS TRUSTEE OF COMMERCIAL WHARF NOMINEE TRUST, c/o Reade, Gullicksen, Hanley & Gifford, LLP, PO Box 2669, Nantucket, MA 02584, Board of Appeals File No. 018-04, the Board made the following Decision: 1. Applicant is seeking a MODIFICATION of SPECIAL PERMIT relief granted in the Decision in BOA File No. 039-98, which validated existing ground cover and setbacks, and allowed alterations to the existing single-family dwelling. The Decision contained a condition that allowed a maximum ground cover of950 square feet. Applicant is now asking to modify that condition to allow a maximum ground cover of 977 square feet; with the construction of a second floor addition over an existing roofed unenclosed porch area on the westerly side the structure. The addition would also be done within the required westerly five-foot side yard setback area without coming any closer to that lot line than the existing structure. In addition, or in the alternative, Applicant is seeking relief by V ARlANCE under Nantucket Zoning By-law Section 139-16A (Intensity Regulations - ground cover) in order to complete the project as proposed. The Locus is nonconforming as to ground cover ratio, with the Lot containing about 73% ground cover ratio in a district that allows a maximum of 30% for undersized lots; as to lot size with the Lot having an area of about 1,294 square feet in a district that has a minimum lot size requirement of 5,000 square feet; as to side and rear yard setbacks, with the structure being sited as close as about 2.8 feet from the westerly side yard lot line, at zero feet from the easterly side yard lot line, and at zero feet from the rear yard lot line in a district that requires a minimum of a five-foot side and rear yard setback; and as to parking with the lot containing no conforming parking space on site. See also BOA File No. 032-73. The Premises is located at 21 COMMERCIAL WHARF, Assessor's Map 42.2.4, Parcel 6, Land Court Plan 27017-A. The property is zoned Residential-Commercial. 2. The Decision is based upon the Application and the materials submitted with it and the testimony and evidence presented at the Hearing. The Planning Board made no recommendation, as there were no issues of planning concern. There were no letters on file in favor or in opposition and no comments from the public at the public hearing. 3. Applicant, through counsel, represented that the property was benefited by a previous grant of Special Permit relief in the Decision in BOA File Nos. 032-73, which allowed a new single-family dwelling to be constructed with a ground cover in excess of the maximum allowed at the time (no Variance relief was granted), and in 039-98, which allowed an expansion of existing ground cover from about 65% to about 73% by Special Permit (again no Variance reliefwas granted). Applicant stated that it had been standard practice to allow increases in nonconforming ground cover ratios by a grant of Special Permit relief, rather than by Variance, for several years in the 1970's and 1980's. In the late 1980's the interpretation changed to require relief by Variance for increases in ground cover ratio over and above the maximum allowed in a zoning district, regardless of whether there was a pre-existing ground cover ratio violation present. In 1973 all porches counted as ground cover and in 1998 open porches no longer count as ground cover, indicating that the ground cover ratio had been calculated differently for this lot over time. The Board allowed ground cover relief in 1998 due in part to the fact the ground cover ratio had been calculated higher and changed again as noted above resulting in a loss of existing ground cover ratio from what was previously approved, with the loss of the porches. The Applicant proposed to construct a second-story addition partly located over an existing roofed but unenclosed porch on the westerly side of the single-family dwelling, which would have the effect of increasing ground cover as calculated under the Zoning By-law by about 27 square feet. The addition would come no closer to the westerly side yard lot line than the existing porch, which is sited as close as about 3.1 feet (a setback that was conforming at the time of the structure's original construction). The Premises was situated upon a wharf, and the actual ground area covered by the structure would not be affected by the alteration. Present ground cover was about 950 square feet, with the lot area being about 1,294 square feet, for an overall ground cover ratio of about 73%; the proposed addition would result in ground cover being calculated at about 977 square feet, for a ground cover ratio of about 75%. Maximum ground cover ratio for an undersized lot in this Residential-Commercial zoning district was 30%. The applicant therefore requested a Modification of the existing Special Permit issued in the Decision in File No. 039-98, to change the maximum ground cover limitation contained in Paragraph 6( c) of the Decision in that file from about 950 square feet to about 977 square feet. In the alternative, the Applicant requests a Variance from Zoning By-law S 139- 16.A to permit the proposed addition. The locus is also nonconforming as to lot area, having an area of about 1,294 square feet in a district in which minimum lot area is 5,000 square feet; as to side and rear side yard setbacks, with the structure being sited about 3.1 feet at the closest point from the westerly side lot line, with zero setback from the easterly side lot line, and with zero setback from the rear (southerly) lot line, in a district that requires minimum side and rear yard setback of five feet; and as to parking, with no conforming parking space being provided (the parking space now provided being situated only partially within the Locus, and partly within the roadway layout of Commercial Wharf). None of these additional nonconformities would be affected by the proposed addition. Applicant represented that an increase in ground cover would be consistent with other lots in the immediate waterfront area. As shown upon a GIS map supplied by the Town of Nantucket, a majority oflots on the wharves were nonconforming as to several requirements of the Zoning By-law, in particular, ground cover ratio. A grant of relief in this instance would be consistent with other relief granted and would not create an anomaly in that area. In addition, the proposed addition was de minimus and would have little impact on the neighborhood, which included several commercial rental cottages and a marina close by. The Historic District Commission had issued approval for the alteration in Certificate of Appropriateness No. 43,100. Applicant also made the argument to support a grant of Variance relief by stating that there were issues of soil, with the lot being located in part over harbor water with no possibility of expansion; and topography of the structure, which this Board had allowed by a grant of Special Permit relief, to be constructed with a ground cover that exceeded the maximum allowed. 4. Based upon the foregoing, a majority of the Board fmds that to allow further increase in the ground cover by Special Permit would be inappropriate and that relief would be more appropriately granted by Variance. The same majority also finds that there are no grounds to support a grant of Variance relief The majority further fmds that the ground cover ratio of the Premises has already been increased to the maximum and would increase the negative impact on the neighborhood. 5. Accordingly, upon a motion duly made and seconded to grant the requested relief by Variance under Nantucket Zoning By-law Section 139-16A, there were two votes in favor (Sevrens, Sanford), and three votes in opposition (Toole, Loftin, Wiley). Therefore, relief is hereby DENIED. Dated: April?b, 2004 David Wiley fo OL Edward s~rd ~ -;-." G~ :e;"'~ z c-; r- ;J::> = :;::0 VJ o rr~ :;;li -0 .~._" N lo~'{,\N"\.- (\ UrJs""\ TOWN OF NANTUCKET \ _ (y--l-z>>.. E'Y __ ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 j\\\S rA(f~ ~1Co'PLAce FAX 508-228-7205 t\~~ W::.G,<:: ~D~~\W\N6- AMENDED \'1-\0 ~\le'5) ()~ i)1.\'l;~(()1l NOTICE '1 '\ C~l--..l f~\.k.) d A Public Hearing of the NANTUCKET ZONING BOARD OF A!f~ALS ~l be held at 1:00 P.M., FRIDAY, JUNE 13, 2003, IN THE CONFERENC& .OOM~ TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massach~etts) on me Application of the following: c~ ~ r- rT ::;::? RICHARD G. COREY, AS TRUSTEE OF COMMERCIAL WHARF ~MINE~ TRUST ~ BOARD OF APPEALS FILE NO. 018-04 Applicant is seeking a MODIFICATION of SPECIAL PERMIT relief granted in the Decision in BOA File No. 039-98, which validated existing ground cover and setbacks, and allowed alterations to the existing single-family dwelling. The Decision contained a condition that allowed a maximum ground cover of950 square feet. Applicant is now asking to modify that condition to allow a maximum ground cover of 977 square feet; with the construction of a second floor addition over an existing roofed unenclosed porch area on the westerly side the structure. The addition would also be done within the required westerly five-foot side yard setback area without coming any closer to that lot line than the existing structure. In addition, or in the alternative, Applicant is seeking reliefby V ARlANCE under Nantucket Zoning By-law Section 139-16A (Intensity Regulations - ground cover) in order to complete the project as proposed. The Locus is nonconforming as to ground cover ratio, with the Lot containing about 73% ground cover ratio in a district that allows a maximum of 30% for undersized lots; as to lot size with the Lot having an area of about 1,294 square feet in a district that has a minimum lot size requirement of 5,000 square feet; as to side and rear yard setbacks, with the structure being sited as close as about 2.8 feet from the westerly side yard lot line, at zero feet from the easterly side yard lot line, and at zero feet from the rear yard lot line in a district that requires a minimum of a five-foot side and rear yard setback; and as to parking with the lot containing no conforming parking space on site. See also BOA File No. 032-73. The Premises is located at 21 COMMERCIAL WHARF, Assessor's Map 42.2.4, Parcel 6, Land Court Plan 27017-A. The property is zoned Residential-Commercial. jA)CLL\ 0 aJiili.1r-f''{d~ Nancy 1. Sevrenw irman TillS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 CASE NO. (j'~04 FEE: $300.00 APPLICA TION FOR RELIEF Owner's name(s): Mailing address: Applicant's name(s): Mailing address: Locus address: Richard G. Corey, as Trustee of Commercial Wharf Nominee Trust c/o Reade, Gullicksen, Hanley & Gifford, LLP Same 6 Youn~'s Way, Post Office Box 2669, Nantucket, Massachusetts 02584 21 Commercial Wharf Assessor's Map/Parcel: 42.2.4-6 Land Court Plan: 27017-A Lot No.: Date lot acquired:_/_/_ Cert. of Title: 18107 Uses on Lot - Commercial: None~ Yes (describe) Residential: Number of dwellings---L- Duplex_ Apartments_Rental Rooms Zoning District: Residential Commercial Building Date(s): All pre-date 7/72? x Building Permit Nos: Previous Zoning Board Application Nos.: 032-73; 039-98 C of O(s)? Yes or State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities: c:5 .to. ,~J SEE ATTACHED ADDENDUM -iI r" :::J '"...... , l .'') ~ f ~:J " I certify that the information contained herein is substantially complete and true to the bes't':hf my :~ knowledge, under the p 'ns and penalties of perjury. i?5 SIGNATURE: Applicant Attorney/Agent x (If not owner or 0 n r's attorney, please enclose proof of agency to bring this matter before the Board) '7' (/ FO~~AJOI:FICE USE Application received on:.!:::::.lr-fJr By: c......e.~ Complete: Need copies?: Filed with Town Clerk: Z/6{;~g-Boar :_ _ UI mg ~ Fee deposited with Town Treasurer:'2/20CJ-(By: aiver requested?:_Granted:_/_/_ Hearing notice posted with Town Clerk: ?/~ Mailed2 *.oiI&M:2K>G~ 31 !'ft~ Hearing(s) held on:_/_/_ Opened on:~_/_ Continued to:_/_/_ Withdrawn?:_/~_ DECISION DUE BY:_/~_ Made:~_/_ Filed w/Town Clerk:_/_/_ Mailed:_/_/_ DECISION APPEALED?:_/_/_ SUPERIOR COURT: LAND COURT Form 4/03/03 ADDENDUM The applicant proposes to construct a second-story addition partly located over an existing unenclosed porch, which would have the effect of increasing ground cover as calculated under the Zoning By-law by about 27 square feet. The premises are situated upon a wharf, and the actual ground area would not be affected by the alteration. Present ground cover is about 950 square feet, with the lot area being about 1,294 square feet, for a ground cover ratio of about 73%j the proposed addition would result in ground cover being calculated at 977 square feet, for a ground cover ratio of about 75%. Maximum ground cover ratio for an undersized lot in this Residential-Commercial zoning district is 30%. The applicant therefore requests a Modification of the existing Special Permit issued in File No. 039-98, to change the maximum ground cover limitation contained in Paragraph 6 (c) of the Decision in that file from 950 square feet to 977 square feet. In the alternative, the applicant requests a Variance from By-law ~139-16.A (Intensity Regulations - Ground Cover) to permit the proposed addition. The locus is also nonconforming as to lot area, having an area of about 1,294 square feet in a district in which minimum lot area is 5,000 square feetj as to side and rear side yard setbacks, with the structure being sited about 3.1 feet at the closest point from the westerly side lot line, with zero setback from the easterly side lot line, and with zero setback from the rear (southerly) lot line, in a district that requires minimum side and rear yard setback of five feet j and as to parking, with no conforming parking space being provided (the parking space now provided being situated only partially within the Locus, and partly wi thin the roadway layout of Commercial Wharf) . None of these additional nonconformities would be affected by the proposed addition. F,\WpC\Corey\2004 ZBA APP.doc m [EJ '-d BElli B I I II I,:. I' II' ]1 ~ ( D , COREY RESIDENCE MW1:2 21 COMMERCIAL WHARF D E S I G N 5K-2 ELEVATION: NORTH . MARK W. POOR. 508. 228. 6913. P.O. BOX 3363 . NANTUCKET, MA 02584 '1) o = I I ~I fl ri ~I D COREY RESIDENCE Mwe D 21 COMMERCIAL WHARF D E S I G N SK-2 ELEVATION: WEST . MARK W. POOR. 508. 228. 69t3 . P.O. BOX 3363 . NANTUCKET, MA 02584 -- ~ ~ yC,/ 1 II I~ \ , , i I [:]I III! I1I111 " lhi \ -- : r-' - I i I ~~rn ~ IE I ~ , IK= ~ ~ IK= , I :\. " rnl I I I I I I I I I I I I , I DEE , I I I I I I ! rnl EE = -= I EEl ,~EE I L = ~, II -= I I D COREY RE51DENCE MWe D 21 COMMERCIAL WHARF D E 5 I G N ELEVATION: SOUTH . MARK W. POOR. 508.228.6913. P.o; BOX 3363 . NANTUCKET, MA 02.584 7J .c: hi "l' L [D ,,: II' i \tt X \II In G N ~ ::!. ~ I ~ ~ ~g l\'~ ~ ~.~ -\1 ~ "1 I: P. t_ ~~-t' -~- ~ .- " ~ Of +' I () IJl lfI 6' if - t> (\ F. \.).!;)'J::: \\li(lit1 U'~~ ~m~ i:':x:t: t1t - IT. ~~~ nt' ;l. ~~.~ J - :----- - - ----- Eq> TO FL~AFl'~ .~~ "- -- 11'- <"." E.... rQ 1410 WeL f'l;J:,T Qi-J ::.-rEP.:; D COREY RESIDENCE ~ 0 21 COMMERCIAL WHARF D E S I G N PARTIAL PLAN: UPPER LEVEL . MARK W. POOR. 508. 228. 6913 . P.O. BOX 3363 . NANTUCK'ET, MA 02584 EXISTING: . 12.94fS.F. . SE.E: ~LA~ : . SE.E PLAN . SEi P.LAN : . ~QO.:t~..F.. . (73%) COMMERCIAL WHARF ZONING CLASSIFICATION: RC MIN. AREA: . . . 5000 S F MIN. FRONTAGE: .' .' .' .. .. ~Q .FT. '. FRONT YARD S.B.: . . . . NOt;l~ . REAR &: SIDE S.B.: . . . . 5 FT . GROUND COVER (%): . . . .5.0%:' 42.2.4-3 nlf WALTER R. HESS TR. -wAY/ 10' WIDE \\S ( APPROX. LOCATION OF L.P. GAS TANK +I -10 FIRST SlY. C'I LANDING & STEPS \. 2ND STY DECK EDGE OF STONE PIER WHARF AT LOW WATER MARK 9/26/97 Ii!! CONCRETE BOUND FND ~ SURVEY MARKER FND o DENOTES 12" DIA PILE .--- -- -- -- -- FIRST STY. LANDING & STEPS o 0 DECK SUPPORTED BY 12" DIA. WOOD PILES NANTUCKET HARBOR TO: . . . B~~T~N. 5!-~E. ~E~O~/~ ~D TRUST COMPANY I CERTIfY iO.~E. BE. . . . . . . : : : : mD. ~o. O~ERS PREMISES' SHOWN ARE ~O~T~ KNOWLEDGE, THAT THE . . . .va .. DELINEATED 0 IN FLOOD HAZARD ZONE' MII!.IRl="R' ?~()?...r.-nn N F.I.R.M. / COMMUNITY PANEL 11 n RY . THF FFDFRAL 1.7'f DECK % #23 42.2.4-5 nlf H.B. & MARY P. WALKER ~@~lf@)~@)~ ~[R-!]@~~@lf~@[R-!] ~[S~[R-!] Ollil ~~~@~~D 1M1I~~~D SCALE: 1"= 10' DATE: SEPTEMBER 25 1997 REV. SEPTEMBER 23 '1999 REV. JUNE 26, 2000 :-1 , ... NAlNlI'llfCIXElI' HAl JJUfJ () J& + ~--\ _...- \ ~- \ \ \ \ \ \ ' \ \ \ / I !/JAlSIN ;/~ ......... --- .0\.0 "HAIIII'" + ~~~1 1Il']&1 [1C~ ~~~ .; o o ;;; ... LEGEND D#.H 'UCH O....1E '....eH .........~, ;.,,'" \ \ \t- \ \ \ \ \ \ ;/--1 .- I .--- :-_......- -- \ \ \ \ \ / / + ......-.\ ('_/ \ \ \ \ \ \ \ '01..0 \ STOMl! ) ........... (OUTll.O~OI + tJ&1 1 [1 C '. ~ ~lWOl" S~ \ \ \ \ \ \ \ \ \./ ~~ /, \ \ \ \ ~J JIl!~ rrhe rrown ~t NA.NT... 1\lassat 02/18/2004 10:40 FAX 5082285630 READE GULLI CI{SE i4J 001 ~ 5tJ7f."d~~ 7cLIO ' , - IK .q-;> 11r> >~ . 7Iu..tA-,y'" - -"-VI.,. Town of Nantucket ZONING BOARD OF APPEALS -J:t ~J t1 () RECEIVED BOARD OF ASSESSORS I . FEB .1 8 2004 , TO\NN OF' NANTUCKET, MA LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF PROPERTY OwNEK....(~.~f.~<.~~.~~~.,~ .' ~ ~ <:; c.:~rrtV;T~ MAILING ADDRESS..... ,~e..~ ~ lif7................... .........,.........., ......" PROPERTY LdcATION,....~/,' ,..r;f.~.~,~-f.~...~~..... "ASSESSORS MAPIPAR EL..... ...i.~:.~~,~.. ./.~,............,...... .......... APPLlCANT"......,~.~. .....,,<./ii.t;f.~.~.y.~/:.~.~ra.~;1t4 L{-~ SEE ATIACHED PAGES I certify that the foregoing is a list of persons who are owners of abuttir.g property, owners o.f land directly opposite on any pu~lic or private street or way: and abuttcr.s of the abutters and all other land owners within 300 feet of the. property line of owner', property, all as they appear ?" the most recent appli~ible tax list (M.G.t. c. 40A, Section 11 Zoning Code Chapter 139. Section 139.29D (2) .' 4d::.!~../(1!() f .~a.~~ DATE' ASSESSOR'S OFFICE Town of Nantucket ", .' t!l ~~ III H o-:lE-t ::!B ~~ ~~ ~ . 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COREY, TRUSTEE OF COMMERCIAL WHARF NOMINEE TRUST Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in 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 an complaint in 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. ~ 9Jnftl ~f)~~Q cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING' TO NANTUCKET ZONING BY-LAW ~139-30I (SPECIAL PERMITS); 9139-321 (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. NANTUCKET ZONING BOARD OF APPEALS 37 Washington Street Nantucket, Massachusetts 02554 i 21 Commercial Wharf Land shown on Land Court Plan 27017-A Certificate of Title No. 18107 Assessor's Map 42.2.4 Parcel 6 Residential-Commercial DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, April 10, 1998, at 1:00 P.M., in the Conference Room, in the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the following decision on the application of RICHARD G. COREY, TRUSTEE OF COMMERCIAL WHARF NOMINEE TRUST, c/o Reade & Alger Professional Corporation, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 039-98: 2. The applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-law ~139-33.A(4) and (5) (alteration or expansion of a pre-existing nonconforming structure or use). The applicant proposes to alter the existing single-family dwelling upon the subj ect property (the "Locus" ) by adding an enclosed foyer, an unenclosed stoop and storage area on the northerly side of the structure fronting on Commercial Wharf; by adding a mudroom/pantry and unenclosed stoop on the w~st~~ly side of the structure, to be sited 3.1:t feet from the westerly lot line but not closer to that side lot line than the existing structure; and by increasing the size, of a first-story deck extending over Nantucket Harbor on the south side of the structure, and adding a second-story deck over the expanded first-story deck. The existing rear first-story deck is sited at zero setback from the southerly (or rear) lot line, with the new decks also being sited with zero setback from that lot line. Current ground cover is 846:t square feet (for a ratio of 65:t%), with the new proposed ground cover being 950I square feet (for a ratio of 73I%). The Locus is nonconforming as to lot area, having an area of 1294:t square feet in a district in which minimum lot area is 5,000 square feet; as to ground cover, having a ratio of 65:t% in a district where a maximum of 30% is allowed for lots smaller in area than 5,000 square feet; as to side and rear side yard setbacks, with the structure being sited 3.1I feet at the closest point from the westerly side lot line, 0.1:t feet at the closest point from the easterly side lot line, and with zero setback at the closest point from the rear (southerly) lot line, in a district that requires minimum side and rear yard setback of five feet; and as to parking, with one parking space being required for the single-family dwelling upon the Locus, and no conforming parking space being provided (the parking space now provided being situated only partially within the Locus, and partly within the roadway layout of Commercial Wharf). See Board of Appeals File No. 032-73. In addition, or in the alternative, the applicant is seeking relief by VARIANCE pursuant to Nantucket Zoning By-law ~139-32.A from the Intensity Regulations of ~139- 32.A to validate the structure as currently sited and to allow construction of the project as proposed. The Applicant is also seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law 139-18.B(2) and (3) (Parking Requirements) to waive the one required parking space. The Locus is situated at 21 COMMERCIAL WHARF, Assessor's Map 42.2.4, Parcel 6, shown on Land Court Plan 27017-A, and is zoned RESIDENTIAL-COMMERCIAL. 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. The Planning Board made a favorable recommendation upon the proposed alterations to the dwelling, but an unfavorable recommendation as to the proposed changes and additions to the decks over Nantucket Harbor. An abutter appeared at the public hearing, expressing concern as to the proposed decks, but no opposition to the changes to the dwelling provided that there be no extension of the decks; no other concerns were presented at the public hearing. 4. The single-family dwelling upon the Locus was constructed by a former owner in 1973, pursuant to a validly- issued building permit; a Certificate of Occupancy was issued for this dwelling in 1975. A Special Permit issued by the Board of Appeals in File No. 032-73 on December 19, 1973, purported to allow building upon the Locus with ground cover of 838 square feet; however, the lot area and calculations in that decision are faulty, the purported basis for the entry of the decision is not supported by a review of the by-law as then in effect, and the decision was made by two members of the then three-member board, and applicable law then, as now, required the favorable vote of at least three members where the board is composed of only three members. At the time of construction, the applicable maximum ground cover ratio was 50% under the by-law as then in effect, and there were no side or rear yard setback requirements. The existing dwelling is therefore in a pre-existing, nonconforming status as to side and rear yard setbacks, and further has the benefit of protection against enforcement of dimensional zoning requirements by virtue of its having been in existence for more than ten years (and more than six years, having been erected pursuant to a validly-issued building permit) pursuant to M.G.L., c. 40A, ~7, and Nantucket Zoning By-law ~139-25.C. As per the site plan presented with the application and attached hereto as Exhibit A, and a letter from Leo C. Asadoorian, P.L.S., of Blackwell & Associates, Inc., attached hereto as Exhibit B, the correct calculation of the ground cover ratio at the time of construction in 1973 was 1,014 square feet, for a ratio of 78i%; at that time, all porches, enclosed or unenclosed, and other areas under overhangs of the structure, were included in ground cover. Based upon the present exclusion of unenclosed porches 2 ,< ( from the definition of ground cover, the ground cover of the structure as it now exists is calculated at 846 square feet, for a ratio of 65I%, with the proposed ground cover to be 950I square feet, for a ratio of 73I%, as set forth in the Asadoorian letter. Subsequent to construction of the dwelling, the By-law was amended to provide for a maximum ground cover of 30% of lot area for all lots, including the Locus, having lot area of less than 5,000 square feet. Accordingly, the applicant noted in his presentation that the proposed ground cover ratio would be less than the ground cover ratio for the existing structure at the time of construction, as calculated under the respective provisions of the By-law as in effect now and then, respectively. The applicant presented, as justification for the proposed changes affecting ground cover, the fact that these changes will enable the applicant to correct the condition of interior stairs, which do not now comply with Building Code requirements and will be brought into compliance. 5. The Board of Appeals took no action upon the portion of the application which requested relief for addition to the first story deck and addition of a second story deck, each connected to the structure upon the Locus and extending over Nantucket Harbor, on the basis that the Board had no jurisdiction over these decks since they would be outside the Locus and upon land of the Commonwealth of Massachusetts in Nantucket Harbor. 6. Accordingly, by a vote of four members (Waine, Williams, O'Mara and Toole) in favor and one (Sevrens) in opposition, the Board of Appeals GRANTED relief by SPECIAL PERMIT under Nantucket Zoning By-law ~139-33.A(4) and (5), to allow the proposed changes, excluding the alterations and additions to decks extending over Nantucket Harbor, and to waive the one parking space required for the single-family dwelling now existing upon the Locus as is required under By-law ~139-18 .A(l) because the structure is being enlarged, finding that the existing dwelling is a pre-existing, nonconforming structure with respect to the side and rear yard setback requirements of the Nantucket Zoning By-law, that the proposed alterations to the dwelling will not be substantially more detrimental to the neighborhood than the existing nonconformities, that the granting of parking relief is in harmony with the general purpose and intent of the Zoning By- law, and that compliance with the parking requirements of ~139-18 would be physically impossible for the applicant to provide, subject to the following conditions: (a) The alterations shall be constructed in substantial conformity to the plans submitted to the Nantucket Historic District Commission and approved under Certificate of Appropriateness No. 31875. (b) The structure upon the Locus, as altered, shall be no closer to any lot line than the structure now lS. 3 (c) as altered, shall not exceed 950 square feet, the Nantucket Zoning By-law as Dated: ~ , 1998 May f:\wp\corey\coreyzbadec.doc 4 u~,~u,~~~u ~L.~~ .L~UO~"",:.-l:.-l,,:\l.J.,:) I UWI'1 \....Lt:.I'(K 1'II4N I U\....t\t:. I II lo~-(s .~' The3e minutes of a nto:.eting of the Boal'cl. of' Appeals held December 1 tl, " "1973. In attendance wervW. Holllles, R. Taylor and H. Greene. In the ~tter of the peti~ion of' Robert Hall 032-73 requesting a special ~ermit to constr~~t 838 square feet of dwelling unit on a lot ;: si tlMted on CoJllll\ercial Wharf. !' j j' Appearing for Mr. Hail was Christopher Bollana. Mr. Hollanq stated that Mr. Hall is the owner of a lot on Commercial ;! Wharf'. The area of the lot is 162$ sqWl.re feet. Under the Nantucket ;, zoning bY-law, a pre-existing lot of less than required araa llIaY be built Ilpon by, special permit provided the ground OOVEl.r does not Bxceed 1200 I; square feet or 70% of the lot area, whichever 1s lesser. In thi5 case, I the propolJed bl1ilding area :'3 63B square feet and 70% of the lot area is 892 square feet. Mr. Holland 8ubtri tted 1i plan of the lot anct the buildine to be locatQdth9~on. no other person spoke cuncerning the petition and no opposition was " I! heard. there was no correspondence. The Chairm.m adVised the open hearing that Mr. Taylor 1rould abstain Ii, from voting because of a possible conflict. The hearing was c106ed. ( " After due deliberation, during which time Mr. Taylor acted all chair- t man, and upon Iltotion by Mr :~reenQ. seConded by Mr. HoJ.1qes . it was voted l- f to grllnt the special permit. The vote was two 1n favor lUld one abstention. The Board fOund the petition for an exoeption as provided in the 'trJ- jl I; law and was in b.2l"lllony with ~he general purpose 'Wd intent of the by-law II .' r: : ~ t and was not detrimental to the charaoter of the neighborhood. h ~~~0~A^~ '/k,IL.: ~ / 7'l~ /. ~ 11 I' q ii , December 19, 197~ ;1 !: 'I j, '/ I, t~ . I i I I J i I I I I t-'A\:II=. 111 .....< TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, MARCH 12,2004 in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: ROBERT G. COREY, AS TRUSTEE OF COMMERCIAL WHARF NOMINEE TRUST BOARD OF APPEALS FILE NO. 018-04 Applicant is seeking a MODIFICATION of SPECIAL PERMIT relief granted in the Decision in BOA File No. 039-98, which validated existing ground cover and setbacks, and allowed alterations to the existing single-family dwelling. The Decision contained a condition that allowed a maximum ground cover of 950 square feet. Applicant is now asking to modify that condition to allow a maximum ground cover of 977 square feet; with the construction of a second floor addition over an existing roofed unenclosed porch area on the westerly side the structure. The addition would also be done within the required westerly five-foot side yard setback area without coming any closer to that lot line than the existing structure. In addition, or in the alternative, Applicant is seeking relief by V ARlANCE under Nantucket Zoning By-law Section 139-16A (Intensity Regulations - ground cover) in order to complete the project as proposed. The Locus is nonconforming as to ground cover ratio, with the Lot containing about 73% ground cover ratio in a district that allows a maximum of 30% for undersized lots; as to lot size with the Lot having an area of about 1,294 square feet in a district that has a minimum lot size requirement of 5,000 square feet; as to side and rear yard setbacks, with the structure being sited as close as about 2.8 feet from the westerly side yard lot line, at zero feet from the easterly side yard lot line, and at zero feet from the rear yard lot line in a district that requires a minimum ofa five-foot side and rear yard setback; and as to parking with the lot containing no conforming parking space on site. See also BOA File No. 032-73. The Premises is located at 21 COMMERCIAL WHARF, Assessor's Map 42.2.4, Parcel 6, Land Court Plan 270l7-A. The property is zoned Residential-Commercial. ~ ~ Nancy 1. Sevren , C irman TInS NOTICE IS A V AILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION.