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Home My WebLink About088-04 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: D2C!e~ber L7 ' 2(/)t-f \ To: Parties in Interest and. others concerned with the Decision of .the BOARD OF APPEALS in the Application of the following: Application No.: Of3?./O~ Owner/Applicant: . .~~~ d"f. (Y'o ~lIie shn/A) t~' l)(Qj~ 0Y1c1 --9:)[/ oclo~ dj. ~(e ~ 2- , , . Enclosed is the Decision of the BOARD OF APPEALS ~hich has this day been filed in the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursu,a.Fl.t 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. cc: Town Clerk Planning Board Building Commissloner 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)J ~139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. NANTUCKET ZONING BOARD OF APPEALS 1 East Chestnut Street Nantucket, Massachusetts 02554 60 Street, Nantucket Assessor's Map 54.4.1, Parcel 130 Residential-Old Historic Plan Book 18, Page 32 Deed Book 139, Page 124 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, December 10, 2004, 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 (088-04) of the EST A TE OF MAXINE SHAW (OWNER), c/ 0 Vaughan and Dale, P.c., PO Box 659, Nantucket, MA 02554, and for DEBRA B. TREYZ, CONTRACT PURCHASER, of 42 Seven Bridges Road, Chappaqua, NY 10514, in connection with property known as 60 Fair Street, Nantucket, Massachusetts. 2. Applicant (Treyz) is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33A (alteration/extension of a pre-existing nonconforming structure/use) and Section 139-33E(2) (increase ground cover on a pre-existing nonconforming lot of less than 5,000 square feet). Applicant proposes to renovate the existing structure by removing an encroaching 1972 addition and constructing a new conforming (as to setbacks) addition. The ground cover ratio would be increased from about 30.5% to about 37% (an increase of about 210 square feet). Applicant also proposes to add a dormer to the roof of the structure that would be partially located above the maximum height allowed of 30 feet but would not exceed the existing nonconforming height of the ridgeline of the dwelling. The encroaching addition was constructed at the allowed zero side yard setback distance pursuant to a validly issued building permit. However, a portion of the addition was constructed to a point that encroached upon the abutting property. The Locus is nonconforming as to lot size with the Lot having an area of about 3,252 square feet in a district that allows a minimum lot size of 5,000 square feet; as to ground cover with the Lot having a ground cover ratio of about 30.5% in a district that allows a maximum ground cover of 30% for undersized lots; as to setbacks with the structure being sited less than one foot from the easterly side and rear yard lot lines in a district that requires a minimum side and rear setback of five feet; as to height, parking and use, having an apartment constructed within the dwelling on the Lot. The Premises are located at 60 Fair Street, Assessor's Map 54.4.1, Parcel 130, Plan Book 18, Page 32. The property is zoned Residential-Old Historic. 3. Our Decision is based upon the Application and accompanying materials, and photographs, affidavits, representations and testimony received at our public hearing. One abutter, whose property is located in the immediate neighborhood on Orange Street, appeared and spoke in favor of the Application, endorsing the location, scale and design of the project as proposed. One abutter whose property was located across Silver Street from Locus, through counsel, spoke in opposition to the Application, expressing concern that the proposed improvements were oriented toward the back of the property. The Planning Board made no recommendation finding that the Application did not present any issues of planning concern. 4. Applicant, through counsel, represented that they were in the process of renovating the existing structure and wished to remove existing ground cover and construct a new addition and expand interior living space with the addition of dormers. Applicant presented an affidavit from the owner evidencing that the structures and use of the dwelling as a residence and separate apartment were pre-existing and nonconforming since a time prior to the enactment of the Nantucket Zoning By-law in July 1972, except for a 1972 addition built according to a validly issued building permit in compliance with the zoning dimensional requirements at the time. In addition, the structure clearly showed in substantially the same configuration on aerials in the town records from 1938 and 1957. 5. Applicant represented that the existing improvements on the Lot were shown on the "Building Location Plan" dated December 8, 2004, prepared by Charles W. Hart and Associates, Inc., a reduced copy of which is attached hereto as Exhibit A. The dwelling on the Lot had a three-story addition that was built on the east side of the structure in 1972 in accordance with zoning in the Residential Old Historic District at the time, which had no minimum side yard setback requirement and 70% maximum ground cover; however, the addition was inadvertently built over the property line onto abutting property to the east by about .42 feet. The addition consisted of ground cover of about 41 square feet, and the total existing ground cover of current improvements on the Lot was about 30.5%. Applicant proposed to remove the 1972 addition entirely, removing the nonconformity as to side yard setback and construct a two-story addition with living space, basement foundation and a covered porch on the west side of the dwelling that would be conforming as to setback requirements. The total area of the addition that would be countable as ground cover would not exceed about 255 square feet. The net increase in ground cover would be no more than about 214 square feet, which would result in a new ground cover ratio 2 of about 37%. 6. Applicant stated that due to the drop in grade of the property from Fair Street to Silver Street, north to south, the highest ridge height of the existing structure as viewed from Fair Street was about 28 feet and as viewed from Silver Street was about 37 feet. The proposed dormer addition to the back of the dwelling would possibly be constructed within the area of the roof that was situated higher than the maximum allowed of 30 feet from existing grade but would not be higher than the current highest ridge height. Therefore Applicant was seeking relief by Special Permit in order to work in the area over 30 feet. No parking has historically been provided on site. Owners of the property have parked at the end of Fair Street directly in front ofthe structure. As part of the renovation, Applicant may also alter the retaining wall by moving its location and grade line, which did not need relief from this Board. 7. Therefore, based upon the foregoing, the Board finds that removal of a structure that encroached on abutting property and the modest increase in ground cover from 30.5% to no more than 37% would not be substantially more detrimental to the neighborhood than the existing nonconformity and would be a benefit in that the structure would be improved and an existing nonconformity would be removed. The increase in ground cover would also be consistent with other relief granted by this Board in the same area that is characterized as densely developed with a substantial number of properties over the ground cover requirements. In addition, the Board finds that the proposed dormer as shown on the site plan would not be substantially more detrimental to the neighborhood than the existing height nonconformity and would have minimal impact. 8. Accordingly, by a UNANIMOUS vote, the Board of Appeals GRANTS the requested SPECIAL PERMIT under By-law Sections 139-33A and 139-33E(2) to allow the removal of the existing addition on the easterly side of the structure and the construction of a two-story addition on the westerly side of the structure, that would conforming as to setbacks, and the construction of a dormer on the south side of the structure as proposed, based upon the following conditions: a. The overall ground cover ratio of improvements on the Lot shall not exceed 37%; b. The basement apartment in the structure shall not have more than one bedroom; c. The new dormer shall not exceed the existing maximum ridge 3 height; d. No exterior construction related to this project shall take place between May 15 and September 15 of any given year; and e. The encroaching 1972 wart on the easterly side of the structure shall be removed. Dated: December ~ 2004 ~D ~J( , ChUJYM.- '...~Dale aine Michael . Edward Murphy --.J ,J ~J l ,,) N 4 ZONING CLASSIFICATION: .~ ": C?~ . MIN. ARfA: . . . :6:"C? 9 P ~:0. t.MN. F(!O+ITAGE: . . SQ ,1;7: . . FRONT 'tARO S.B.: . ./y,?/;'l fE. . . REAR " SIDE S.B.: . . ~ . p.r.. . GROUND COVER (X): . .SQ ~/o. . . EXISTING: .;? A tf ?-.:i:; .:p..P. .;s-f'~ ;;''i-~t'': .IN '. . . . . . . . . . . . . . . , . . . . . . . . . . . . fA1'F.. ----~---_.._.. ~ ~"'-..~h.~I~'-""-11~ '\<::">'\~ .~ ."X: "".:"~~ .\ .' , . r'l)..J /.~, '. :/ " \<' ~ fY,(:" .:;>:: \~ '...V......."" 15'>'." "\.:.. ':.' }.,. ~" . ~, -e: ~.. 3".5","1../- 7.9.' 1'"t/-f' ..s.W, WISA7"'RE}?;/..IS::T -- S.5:"/-.I- /29 /1- /.p M,EYAXS S~ "/-./ - /26 n.j'<: v.~, KINNey .~ ~ 5S, '1-.1- /:3 / I1-lf J, p. ./..E ,E: ~ N ~ ~ sT'. S 1 /..- V J!;, jZ, BUILDING LOCATION PLAN Of LAND IN NANTUCKET) MASS. PROfESsaoNAL l.ANO SURVE'l'OR SCALE: ,". j~' DATE: .D.e'C. 8,.2004 IS.:; t;;;rt:e 0 f!' Owner: . .;R... 0.13.1f:,R. 7'. t... oS f.i'(\ YY. . , . , , . . Oeed: ,.111:.-./2.;0.0. , . , Plan (f?-:~-? . . . Locus. .".q rt<vre...;s'[:,......,.., CHARLES W. HART & ASSOCIATES, Inc. SANFORD BOAT BUIL.D1NG 49 SPARKS AVENUE NANTUCKET, lLASS. 02654 NOT TO BE RECORDED. (508) 228-8910 H-6G9Z THtS PLOT Pt.AN WAS PREPARED FOR THE TOWN OF NANllJCKET etJCU)fNG DEPARTWOIT ~LY AHD SHOULD NC1f BE CONSiID€'RED A PROP(RTY UHE ~~W~Et&:OOR ANY ANCtllARY smUCT\.IRES ON THE PREMISES. THE PROPERlY UHES ~ ,RELY ON CURRENT D€EDS AND PLAHS Of' RECORD. TH1S PlOT PLAN IS NOT A CERllFlCAOON }.S TO mu: OR OWNERSHIP Of' :THE PROPER'TY SHOWN. OWNERS Of' AOJOJNtNG PROPERTIES /1M. SHOWN ACCORDING TO CURRENT ASSESSOR RECORDS. ASSESSOR MAP: 4"4'.1-: 1. . PARCEL: !:?9. . c:\JOIS\CWIf\I" 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, DECEMBER 10, 2004, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: ESTATE OF MAXINE F. SHAW AND FOR DEBRA B. TREYZ, CONTRACT PURCHASER BOARD OF APPEALS FILE NO. 088-04 Applicant (Treyz) is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33A (alteration/expansion ofa pre-existing nonconforming structure/use) and Section 139-33E(2) (increase ground cover on a pre-existing nonconforming lot ofless 5,000 square feet). Applicant proposes to renovate the existing structure by removing an encroaching 1972 addition and constructing a new conforming (as to setbacks) addition. The ground cover ratio would be increased from about 30.5% to about 370,10 (an increase of about 210 square feet). Applicant also proposes to add a dormer to the roof of the structure that would be partially located above the maximum height allowed of30 feet but would not exceed the existing nonconforming height of the ridgeline ofthe dwelling. The encroaching addition was constructed at the allowed zero side yard setback distance pursuant to a validly issued building permit. However, a portion of the addition was constructed to a point that encroached upon the abutting property. The Locus is nonconforming as to lot size with the Lot have an area of about 3,252 square feet in a district that allows a minimum lot size of 5,000 square feet; as to ground cover with the Lot having a ground cover ratio of about 30.5% in a district that allows a maximum ground cover of 30% for undersized lots; as to setbacks with the structure being sited less than one foot from the easterly side and rear yard lot lines in a district that requires a minimum side and rear yard setback of five feet; as to height, parking and use, having an apartment constructed within the dwelling on the Lot. The The Premises is located at 60 FAIR STREET, Assessor's Map 54.4.1, Parcel 130, Plan Book 18, Page 32. The property is zoned Residential-Old-Historic. N~~'CJ11) eowML THIS 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, MA 02554 CASE NO.~ -0 c.; FEE: $300.00 APPLICATION FOR RELIEF Owner's name(s): Estate of Maxine F. Shaw Mailing address: c/o Vaughan and Dale, P.c., P.O. Box 659, NantucJiet, Massachusetts 02554 Applicant'sname(s):DebraB. Treyz l~~~ n~~ Mailing address: 42 Seven Bridges Road, Chappaq~, New York 10514 Locus address: 60 Fair Street Assessor's MaplParcel: 55.4.11130 Land Court PlanIPlan Book & PagelPlan File No.: Plan Book 18, Page 32 Lot No.: Land on Plan Date lot acquired: 09/29/72 Deed Ref.lCert. of Title: 139/124 Zoning District: ROH Uses ~m Lot - Commercial: None: X Yes (describe) / Residential: Number of dwellings 1 Duplex_ Apartments 1 Rental Rooms Building Date(s): All pre-date 7/72? yes or C of O(s)? Building Permit Nos: Permit No. 139-72; Permit No. 9302-92 Previous Zoning Board Application Nos.: 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: See attached Addendum. SIGNAT (If not wner or 0 Applicant Attorney/Agent X close proof of a ency to bring this matter before the Board) OR ZBA OFFICE USE Application received on:---1---1_ By: Complete: Need copies?: Filed with Town Clerk:---1---1_ Planning Board:---1---1_ Building Dept.:_/_/_ By: Fee deposited with Town Treasurer:_/_/_By: Waiver requested?:_Granted:_/---1- Hearing notice posted with Town Clerk: ---1_/- Mailed:---1---1_ I&M:---1---1_ & ---1---1- Hearing(s) held on:_/_/_ Opened on:_/---1_ Continued to:---1---1_ Withdrawn?:---1_/- DECISION DUE BY:---1_/- Made:---1_/_ Filed wrrown Clerk:---1_/_ Mailed:---1---1_ LAND COURT Form 4/03/03 DECISION APPEALED?:---1---1- SUPERIOR COURT: ADDENDUM TO APPLICATION Applicant is seeking a Special Permit under Nantucket Zoning By-Law Section 139-33A (4) (alteration/ expansion of a pre-existing nonconforming structure) and Section 139-33 E (2) (increase ground cover on a pre-existing nonconforming lot of less than 5,000 square feet). The property is pre-existing nonconforming as to lot area, having 3,252 square feet in the ROH district. The dwelling on the property is pre-existing nonconforming as to side and rear setbacks, being located less than one foot from the east side and rear property lines, and as to ground cover, with an addition built in 1972 resulting in ground cover of 30.5% when the maximum allowable ground cover in the ROB district was 70%. The dwelling is also pre-existing nonconforming as to height, parking, and use, having an apartment constructed within the dwelling on the lot. The addition to the dwelling constructed under a building permit issued in November 1972 complied with zoning intensity requirements at the time (no side yard setback and up to 70% ground cover); however, the addition was inadvertently built slightly over the east side property line onto abutting property. Applicant proposes to renovate the dwelling, including removing the encroaching 1972 addition and constructing a new addition outside the zoning setbacks. The total net additional ground cover would not exceed about 210 square feet, which would result in total ground cover of up to 37%. Applicant also proposes to add a dormer to the roof of the structure that would be located more than thirty feet above grade, but would not exceed the existing height of the ridge line of the dwelling. The property is located at 60 Fair Street, Tax Assessor's Map 55.4.1, Parcel 130. The property is zoned Residential Old Historic. ~ale (Inches=Feet, e. g. 1=20)= 1=15 179 A,or A:: 32.52 rSF House .::- t9 S !j :l:. $1=' 231 221 /"' I 153 --i (\ r 1: """'-. - - . - '" . () of- . l I 1 I I ~ I. I II II, I, .. ; " ~ i f"'\ ~ I 0 I '-....J I 11/111/11/1111/11 --=- 1 L' ~ r 4C.. ~ ~ I <l :( lk I~~---- ~ -to , (H ~.. . . ~ ~ ~ ~ \ =- ~ III I ~ :L - ~ ~ ~ ~ ~ I~ ,',~\:""""..\.;...- ,.. 1 III l( -tj ~ ~ 7 () ~ ~ t) ~ ~ ~ ..f to at m "1 1 r ]) 2-, ..{ ~ G ... ua f .. ~ } .{ ~ It{ o 1/11111 1II11111111111111 III/ .! . -<, .". E 4: 1 rJ .. 1 ~ o ~ z .. .:1 ~ .n "J~ Z . _: ......,...:.... ... -i ..... '....,', c: ::u '.~ () ..... '1 ;l!i:: en, "'~ 0 -t " Ul" WID 0 ~~ ~~. ~ ~~~~ ~ m :J: ::E~. r- UlC:lllCi:. 10 (/) '< ID , 10m ... s: ~ :t- o c: I\) ;:g m -< ~ :"'1 ~. "w" " . , #/6,i)O Town of Nantucket REceIVED BOARD OF ASSESSORS NOV 1 2 2004 I OWN OF NANTUCKET,MA ZONING BOARD OF APPEALS LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF PROPERTY OWNER.....t~i~......1......~.~....F..8.havJ . . ' . M~ILrNJ3 ADORE.Ss.t....fO.~...VQMrJll:tl.(..~.J...~.lo VDAA-JhrYl f D~, f.c fI.O. OX 6$~, W'v1~'d t..iiVL;(r4ii;/1 hA.c..l::M- I M-A- o~ 56L,.- PROPERTY LOCATION.. .G?O..:f ~(?.. ..51:..................................... ASSESSORS MAP/PARCEL... .f?;?4.J.. J. J. 30.................................... A P P LI C A NT. . . 111.er4. .f,6.0-'-'-.. . . .0. , .. . /? h:<: Cb. RI.' .U~.. . . .. . .. .. . .. ... . . .. SEE ATTACHED PAGES I certify that the foregoing is a list of persons who are owners of abutting property, owners of land directly opposite on any public or private street:or way; and abutters of the abutters and all other land owners within 300 feet of the property line of owner's property, all as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139. Section 139-290 (2) '??~"'/~/"'~(/~ jJ~ll,/tAJ DATE - ASSESSOR'S OFFICE Town of Nantucket I-' I-' '- I-' <l"\ , '- N r 0 w .. N W .. 0 ... '" :s: .----- ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ f ... ~ ~ . . . 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