HomeMy WebLinkAbout104-06
TOWN .OF NANTUCKET
BOARD OF APPEALS
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To: Parties in Interest and Others concerned with the
-])eclilon of the BOARD OF APPEALS in the Application of the
following:
Application No.:
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Owner/Applicant: {.d-nn ()1::AY'I'c: Normand,'f) nnc:O
fne C5'+a-b O'{l JO-~s f\)Of'VYy1ndJlf1
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
com~laint and certified copy of the necision must be given
to the Town Clerk so as to be received within such TWENTY
(20) days.
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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 9139-301 (SPECIAL PERMITS)~ 9139-321 (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 73.1.3 Parcel 64
7 Fawcette Way, Siasconset
SR-1
Land Court Plan 42574-A
Lot: n/a
Certificate 18,518
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday,
December 8, 2006, at 1:00 P.M., in the Conference Room, at 2 Fairgrounds Road,
Nantucket, Massachusetts, the Board made the following Decision on the application of
ANNMARIE NORMANDIN AND THE ESTATE OF JAMES NORMANDIN, c/o Reade,
Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts
02584, File No. 104-06:
2, The Applicant is seeking a MODIFICATION of the Decision in BOA File
No. 094-05 (the "Decision") that granted relief by SPECIAL PERMIT under Nantucket
Zoning By-law Section 139-33.A, for the alteration of a pre-existing, nonconforming
single-family dwelling, and to the extent required a VARIANCE from the provisions of
Section 139-16.A (Intensity regulations - ground cover ratio, front yard setback, and
side and rear yard setback), in connection with the alteration and enlargement of the
single-family dwelling as approved in the Decision, which is situated upon a pre-
existing, nonconforming lot of record containing about 2,446 square feet in lot area, with
minimum lot area in the SR-1 zoning district being 5,000 square feet. During
construction, certain portions of the existing structure were removed and reconstructed
in the same location and footprint and a modification of the Decision is now sought to
validate such removal and reconstruction. Applicant is also seeking Modification of the
Special Permit pursuant to Section 139-33A in order to be able to construct a second
floor balcony within the existing footprint on the northerly side of the structure without
coming any closer to the northerly lot line than the existing structure. A second story
deck on the easterly side of the structure was prohibited in the Decision. In addition,
should the Board deem it necessary, relief is sought by SPECIAL PERMIT pursuant to
Nantucket Zoning By-law Section 139-33A(9) in order to remove and replace existing
nonconforming ground cover. To the extent that the Board finds that such relief is
necessary, MODIFICATION of the VARIANCE relief previously granted in the Decision
pursuant to Nantucket Zoning By-law Section 139-16A is also sought in order to
validate such demolition and reconstruction of the dwelling on the same footprint.
Applicant is also seeking clarification of scope of work related to the handicap access
ramp situated on the south side of the dwelling. In Paragraph 10, condition (c), the
Board specifically stated that no relief was granted to construct a porch on the southerly
side of the dwelling. The Applicant seeks to construct porch/ramp to provide handicap
access to the structure and asserts that such a ramp is exempt from the setback
provisions of the Zoning By-law. A covered ramp was shown in the proposal for the
Decision and Applicant is seeking validation of the original proposal either through a
finding that no such relief is necessary to construct the covered ramp or Modification of
said Variance relief to allow such covered porch/ramp construction.
The Premises is located at 7 FAWCETT WAY, SIASCONSET, Assessor's
Map 73.1.3, Parcel 64, Land Court Plan 42574-A. The property is zoned Sconset-
Residential-1.
3. The Decision is based upon the Application and materials submitted
therewith, and the testimony and evidence introduced at the hearing. There was no
recommendation from the Planning Board as there were no issues of planning concern.
There were no letters on file and, other than the representations made by the Applicant
and her representative, there was no public comment and no letters on file.
4. Applicant, through counsel, presented the case for the Applicant. He
explained that Applicant had obtained a building permit to substantially renovate the
existing structure, which included interior demolition, replacement of the roof, and
addition of a second floor. When the builder started the work, he found that it was
impractical and extremely difficult to do this work because the supporting framework of
the dwelling was substantially compromised by deterioration and rot from flood/storm
water and an oil leak and would not provide a stable foundation for the second floor
load. Three of the exterior walls were beyond salvage and the fourth was blown over
and destroyed during a storm, even after being braced with metal supports, so all four
exterior walls had to be removed and replaced. The builder was able to save the
original floor joist system by adding parallel supports. Photographic evidence of the
status of the structure was submitted into the file to verify the situation. Applicant now
sought approvallvalidation of the repair/replacement of these walls under the prior
approved plans and sited within required setback areas but with no increase in the
permitted maximum ground cover allowed by the Decision. The Zoning Enforcement
Officer (the "ZEO") had inspected the property during construction and requested that
the Applicant return to the Board of Appeals to seek a determination as to whether the
actions constituted a demolition of the structure and, if so, to seek relief to demolish
and reconstruct it.
5. Applicant represented that although there had been concern by the
easterly direct abutter about a second floor balcony area proposed for the easterly side
of the structure, no comment had been received about the newly proposed small
balcony on the northerly side of the structure. The Decision had specifically conditioned
relief on no second floor balcony being placed on the easterly side of the structure and
Applicant seeks a modification to allow the proposed balcony on the northerly side
within the existing footprint and without coming any closer to the northerly side yard lot
line than the reconstructed dwelling was originally approved to be sited. Three
approved windows would be converted into two windows with a center door for a small
inset deck.
6. Applicant represented that the ZEO had expressed concern about the
incorporation of a roof overhang into the handicap ramp on the southerly side of the
dwelling, facing Fawcett Way. The ZEO had asked that the Applicant return to the
Board of Appeals for clarification on the scope of work for the handicap ramp as
described within the Decision. The Decision specifically did not grant relief for a porch
on the southerly side of the structure, as the Applicant withdrew the front porch
proposal and request and substituted a proposed handicap ramp in its place, with no
request for relief du~ to the statutory exemption for such from the setback provisions of
the Zoning By-law under M.G.L. Chapter 40A 93. Applicant asserted to the Board that
the Decision accepts the roofed covering on the south side of the structure as part of
the handicap ramp that is exempt from the need for relief. Applicant noted that
Paragraph 10(d) of the Decision required the work to be done in conformity with the
submitted plot plan and Certificate of Appropriateness No. 41 ,422 from the Nantucket
Historic District Commission (the "HDC"), and also required that these be modified to
eliminate the disallowed second story deck on the easterly side of the dwelling, but the
Decision does not have any similar requirement, limitation or qualification for the roof
overhang of the handicap ramp in these plans. The Board's had expressed concern
related to the originally proposed second floor deck over the front porch on the
southerly side of the structure and the Board had required that the second floor
component of the proposal be eliminated from the roof structure over the ramp.
7. Therefore, based on the foregoing, the Board finds that this proposal
constitutes a substantial renovation and not a demolition of the structure,
acknowledging that the HDC standards for demolition are different. However, to clarify
the situation, the Board also finds that this removal and replacement of the wall system
would more appropriately be benefited by the grant of the requested Special Permit
relief under Section 139-33A(9) in order to validate the removal and replacement of
existing ground cover in excess of the allowable of 30% and said removal and
replacement would not be substantially more detrimental to the neighborhood than the
existing nonconformity and would in fact be a benefit to the neighborhood with the
upgrading of a deteriorated structure. In addition, the Board reaffirms the findings made
to support the previous grant of Variance relief in the Decision in BOA File No. 094-05,
. .
in order to validate the replacement of the ground cover in excess of the maximum
allowed of 30% and placement of the structure back within the required setback areas
as shown on the attached Exhibit A to the Decision in BOA File No. 094-05 and
incorporated herein by reference.
8. Therefore, based on the foregoing, the Board further finds that the
Modification of the previously granted Special Permit relief under Section 139-33A, to
allow the construction of a proposed second floor balcony within the existing footprint
on the northerly side of the structure would not increase the nonconforming nature of
the structure, as there would be no increase in ground cover ratio and the balcony
would be no closer to the lot lines than the prior approved design of the structure and
would not be substantially more detrimental to the neighborhood than the existing
nonconforming nature of the property. The Board notes the absence of objections from
the neighbors, particularly the direct abutters to the east and the north, as an additional
basis for a grant of the relief requested.
9. Therefore, based on the foregoing, the Board further finds and reaffirms
that the proposed handicap access ramp on the southerly side of the structure,
including its roof covering and the beams and rails located thereon, as shown and
approved on the HDC plans, is exempt in its totality from the need for relief from the
setback provisions of the Zoning By-law under M.G.L. Chapter 40A 9 3, and does not
require relief from this Board. The Board conditions this finding and affirmation on there
being no second floor balcony incorporated into the roof portion of the ramp (none was
shown or proposed in this Application).
10. Accordingly, by a vote of four (Sevrens, Toole, Koseatac, Tupper) and
one opposed (Wiley), the Board FINDS that, under M.G.L. Chapter 40A Section 3, the
proposed handicap access ramp, including and its covering, railing and columns, all
situated on the south side of the dwelling, is exempt from the requirement of relief from
this Board, and also GRANTS the requested MODIFICATION of the previous SPECIAL
PERMIT under Nantucket Zoning By-law Section 139-33A, to construct the second floor
northerly balcony as proposed; relief by SPECIAL PERMIT under Zoning By-law
Section 139-33A(9) to allow the removal and replacement of the pre-existing ground
cover; and relief by VARIANCE pursuant to Zoning By-law Section 139-16A, to
complete the project as proposed in order to replace the ground cover over the allowed
of 30% as previously approved and replacement of the structure back within the
required setback areas also as previously shown on Exhibit A attached to the Decision.
The prior conditions in the Decision in BOA File No. 094-05 are incorporated by
reference, except and to the extent herein altered.
(BOA File No. 104-06)
Dated: December ~, 2006
~11~ ~,~~
ancy J. S ran
..,
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 8.2006 in the Conference Room, 2
FAIRGROUNDS ROAD, FORMERLY KNOWN AS THE NANTUCKET
ELECTRIC COMPANY BUILDING, WITH AN ENTRANCE FROM OLD
SOUTH ROAD, FIRST RIGHT AFTER FAIRGROUNDS ROAD COMING
FROM TOWN WITH ENTRANCE FROM THE FRONT OF THE BUILDING,
Nantucket, Massachusetts, on the Application of the following:
ANN MARIE NORMANDIN AND THE EST ATE OF JAMES NORMANDIN
BOARD OF APPEALS FILE NO. 10.-06
The Applicant requests a MODIFICATION of the Decision in BOA File No. 094-
05 (the "Decision") that granted relief by SPECIAL PERMIT under Nantucket Zoning
By-law Section 139-33.A, for the alteration of a pre-existing, nonconforming single-
family dwelling, and (to the extent required) a VARIANCE from the provisions of
Section 139-16.A (Intensity regulations - ground cover ratio, front yard setback, and side
and rear yard setback), in connection with the alteration and enlargement of the single-
family dwelling as approved in the Decision, which is situated upon a said to be pre-
existing, nonconforming lot of record containing about 2,446 square feet in lot area, with
minimum lot area in the SR-l zoning district being 5,000 square feet. During
construction, certain portions of the existing structure were removed and reconstructed in
the same location and footprint and a Modification of the Decision is now sought to
validate such removal and reconstruction, Applicant is also requested Modification of the
Special Permit pursuant to Section 139-33A in order to be able to construct a second
floor balcony within the existing footprint on the northerly side of the structure without
coming any closer to the northerly lot line than the existing structure. A deck on the
easterly side of the structure was prohibited in the Decision. In addition, should the Board
deem it necessary, relief is sought by SPECIAL PERMIT pursuant to Nantucket Zoning
By-law Section 139-33A(9) in order to remove and replace existing nonconforming
ground cover. To the extent that the Board finds that such relief is necessary,
MODIFICATION of the VARIANCE relief previously granted in the Decision pursuant
to Nantucket Zoning By-law Section 139-l6A is also sought in order to validate such
demolition and reconstruction of the dwelling on the same footprint. Applicant is also
seeking clarification of scope of work related to the handicap ramp situated on the south
side of the dwelling. In Paragraph 10, condition (c), the board specifically stated that no
relief was granted to construct a porch on the southerly side of the dwelling. The
Applicant would be constructing a "porch/ramp that would provide handicap access to
the structure and such a ramp providing handicap access is exempt from the setback
provisions of the Zoning By-law". A covered porch was shown at that time containing
the ramp and no second floor deck and Applicant is seeking validation of the original
proposal either through a finding that no such Modification is necessary to construct the
covered porch/ramp or Modification of said Variance relief to allow such construction.
Said exemption is found in MOL Chapter 40A Section 3, The Premises is located at 7
FAWCETT WAY, SIASCONSET, Assessor's Map 73,1.3, Parcel 64, Land Court Plan
42574-A. The properly is zoned sconS~.ial-1.. .
~/
Nancy], Sevrens, Cn:., an
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
NANTUCKET LUNINlj tlUAKU U~ At't'EAL~
2 FAIRGROUNDS ROAD
NANTUCKET, MASSACHUSETTS 02554
CASE NO. /rJ z...-06
FEE: $300.00
APPLICATION FOR RELIEF
Owner's name(s):
Mailing address:
Applicant's name(s):
Annmarie Normandin, and the Estate of James Normandin
c/o Reade, Gullicksen, Hanley & Gifford, LLP
Same
Mailing address:
Locus address:
Map/Parcel:
Land Court Plan:
6 Young's Way, Post Office Box 2669, Nantucket, Massachusetts 02584
7 Fawcett Way, Siasconset Assessor's r;
,
42574-A
Lot No.:
(None)
:"~
.,'1
73.1. 3-64
Date lot acquired: 8/19/98
Cert. of Title:
18518
Zoning District~~R-1
~.-.,.J
Uses on Lot - Commercial: None x Yes (describe)
Residential: Number of dwellings-L- Duplex_ Apartments Rental RoomsJ n
. )
Building Date (s): All pre-date 7/72? x or C of 0 (s),?,..:J
Building Permit Nos: 744-06(to renovate 1st floor and construct 2nd floor), 111-06 (for
exploratory demolition of interior) .
Previous Zoning Board Application Nos.: 094-05
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.
I certify that the information contained herein is substantially complete and true to the best of my
knowledge, under t pains and penalties of perjur .
Applicant Attorney/Agent x
of agency to bring this matter
SIGNATURE:
(If not owner or owner's
before the Board)
II ~ FO FICE USE
Application received on:~~~BY: . Complete: Need copies?:
:;~e~ Town Clerk'~/~~lanR1~~ a:..~.___/~/___ Build1ng U"PL..~ /___
Fee deposited with Town Treasurer:/! ~~ By:~L()waiver
requested?: Granted: I I. JI Jb.. ..fl "
ll"''l;J)Jlfce posted wi th To~ Clerk i1...11/;& Mailed, _tfj ~ I&M' /t.l..J!:2JJ0..
Hearing(s) held on:___I___I___ Opened on:___I___I___ Continued
to:___I___I___Withdrawn?:___I___I___
DECISION DUE BY: I I Made: I I Filed w/Town Clerk: I I
--- --- ---
Mailed:___I___I____
DECISION APPEALED?:___I___I___ SUPERIOR COURT:
Form 4/03/03
LAND COURT
ADDENDUM TO APPLICATION OF ANNMARIE NORMANDIN ET AL
Applicant requests a MODIFICATION of the decision in BOA File No. 094-05 (decision)
that granted relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-
33.A, for the alteration of a pre-existing, nonconforming single-family dwelling, and (to
the extent required) a VARIANCE from the provisions of Section 139-16.A (Intensity
regulations - ground cover ratio, front yard setback, and side and rear yard setback), in
connection with the alteration and enlargement of the single-family dwelling as
approved in the Decision, which is situated upon a said to be pre-existing,
nonconforming lot of record containing about 2,446 square feet in lot area, with
minimum lot area in the SR-1 zoning district being 5,000 square feet. During
construction, certain portions of the existing structure were removed and reconstructed
in the same location and footprint and a modification of the Decision is now sought to
validate such removal and reconstruction.
To the extent that the Board finds that such relief is necessary, MODIFICATION of the
VARIANCE relief previously granted in the Decision pursuant to Nantucket Zoning By-
law Section 139-16A is also sought in order to validate such demolition and
reconstruction of the dwelling on the same footprint.
Applicant is also seeking MODIFICATION of the SPECIAL PERMIT pursuant to Section
139-33A in order to be able to construct a second floor balcony within the existing
footprint on the northerly side of the structure without coming any closer to the northerly
lot line than the existing structure. A second floor deck on the easterly side of the
structure was prohibited in the Decision. In addition, should the Board deem it
necessary, relief is sought by SPECIAL PERMIT pursuant to Nantucket Zoning By-law
Section 139-33A(9) in order to remove and replace existing nonconforming ground
cover.
Applicant is also seeking clarification of scope of work related to the handicap access
ramp situated on the south side of the dwelling. In Paragraph 10, condition (c) of the
decision, the Board specifically stated that no relief was granted to construct a porch on
the southerly side of the dwelling. The decision notes that the Board was aware the
Applicant would be constructing a "porch/ramp that would provide handicap access to
the structure and such a ramp providing handicap access is exempt from the setback
provisions of the Zoning By-law", Said exemption is found in MGL Chapter 40A S 3, A
covered porch was shown containing the ramp and no second floor deck and Applicant
is seeking validation of the original proposal either through a finding that no such relief
is necessary to construct the covered porch/ramp or Modification of said Variance relief
to allow such construction.
ARTHUR I. READE, JR., P.C.
KENNETH A. GULLICKSEN
MARIANNE HANLEY
WHITNEY A. GIFFORD
READE, GULLICKSEN, HANLEY & GIFFORD, LLP
SIX YOUNG'S WAY
NANTUCKET, MASSACHUSETTS 02554
508-228-3128
FAX: 508-228-5630
MAILING ADDRESS
POST OFFICE BOX 2669
NANTUCKET,MASS.02584
STEVEN L. COHEN
October 30, 2006
Nantucket Board of Appeals
2 Fairgrounds Road
Nantucket, MA 02554
Re: 7 Fawcett Way
Dear Board of Appeals:
Applicant has obtained a building permit to substantially renovate the existing structure,
including interior demolition and the addition of a second story. When the builder started the
work, he found that it was impractical and extremely difficult to use the existing exterior first
floor walls for the renovation and addition because the supporting framework was substantially
compromised by deterioration and rot (walls and supports crumbing to the touch), exacerbated by
water and heating oil saturation, and would not provide a stabilized foundation for the new
second story. The builder tried to retain the eastern wall, which had less rot and damage than the
other walls, but it was blown over in a storm with winds that exceeded 60 MPH, despite the used
of metal braces. Thus, all of the exterior walls had to be removed. Builder was able to save the
original floor support system. Photographic evidence of the status of the structure is submitted.
Applicant now seeks approval to renovate/rebuild the dwelling on the same approved footprint in
the same approved design, as above, said renovation/rebuilding to include removal and
replacement of a substantial portion of the wall system and supplemental reinforcement of the
existing floor system.
Steven L. Cohen
Town of Nantucket Web GIS - Printable Map
Page 1 of2
Town of Nantucket Web GIS
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Prop ID
Address
Owner
73,1.364
7 FAWCETT WY
NORMANDIN JAMES &
ANNMARIE
575 BLOSSOM ST
FITCHBURG, MA 01420
08/19/1998
$159,000
C0018/518
0.06 acres
NOT A LEGAL DOCUMENT
a
Sale Date
Sale Price
Book/Page
Lot Size
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
Disclaimer The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only. The
Town of Nantucket does not guarantee the
accuracy of the data. Users are responsible for
determining the suitability for individual needs.
All information is from the Town of Nantucket
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Owner
73.1.3 64
7 FAWCETT WY
NORMANDIN JAMES &
ANNMARIE
575 BLOSSOM ST
FITCHBURG, MA 01420
08/19/1998
$159,000
C0018/ 518
0.06 acres
NOT A LEGAL DOCUMENT
a
Sale Date
Sale Price
Book/Page
Lot Size
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
Qi$_~JQim~r The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only. The
Town of Nantucket does not guarantee the
accuracy of the data. Users are responsible for
determining the sUitability for individual needs.
All information is from the Town of Nantucket
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TOWN .OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
rn~
, 2 GOG.,
To: Parties in Interest and. Others concerned with the
DecIsIon. of the BOARD OF> APPEALS in the Application of the
fOllowing: ~
Application No.: octLJ ~oS
Owner/Applicant: t4rnn f1'I(1('/'-p_Abr mJY) rl.1 n ontil-H,p
C3'io.T-f' oP- ~(1, ^ bF (n0lY)('1/!J
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
com~laint and certified copy of the Becision must be given
to the Town Clerk so as to be received within su h TWENTY
( 20) days.
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 9139-301 (SPECIAL PERMITS)~ 9139-321 (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
\
NANTUCKET ZONING BOARD OF APPEALS
1 East Chestnut Street
Nantucket, Massachusetts 02554
Assessor's Map 73.1.3, Parcel 64
7 Fawcett Way, Siasconset
Sconset Residential-1
Land Court Plan 42574-A
(no lot number)
Certificate of Title No. 18518
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, commencing on Friday, December 9, 2005, and continued
without further discussion to January 6, 2006, February 10, 2006,
March 10, 2006, and concluded upon April 7, 2006, 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 ANNMARIE NORMANDIN and the ESTATE
OF JAMES NORMANDIN, c/o Reade, Gullicksen, Hanley & Gifford, LLP,
Post Office Box 2669, Nantucket, Massachusetts 02584, File No.
094-05:
2. The Applicant is seeking relief by SPECIAL PERMIT under
Nantucket Zoning By-law ~139-33.A, for the alteration of a pre-
existing, nonconforming single-family dwelling, and (to the
extent required) a VARIANCE from the provisions of ~139-16.A
(Intensity regulations - ground cover ratio, front yard setback,
and side and rear yard setback), in connection with the
alteration and enlargement if the single-family dwelling, which
is situated upon an undersized lot, represented by the Applicant
to be a pre-existing, nonconforming lot of record, containing
about 2,446 square feet, in a zoning district in which minimum
lot area required is 5,000 square feet. The Applicant proposes
to construct a new addition with about 82 feet of additional
ground cover (stated as about 60 feet in the notice) on the
westerly side of the dwelling. The present ground cover is about
805 square fe8t, for a ground cover ratio of about 32.9%, and the
addition would increase ground cover to about 887 square feet,
for a ratio of about 36.3%. Maximum ground cover ratio allowed
in this district is 30%. In addition, the Applicant proposes to
construct a bulkhead addition which would extend to a point about
0.5 foot from the westerly side yard lot line (but adjacent to a
portion of the adj oining lot in which the Applicant has an
exclusive use easement as appurtenant to the locus); minimum side
and rear yard setback required is five feet. The Applicant also
proposes to construct a porch on the southerly front of the
dwelling, extending to a point about 0.4 foot from the front yard
lot line, along Fawcett Way; minimum front yard setback in this
district is ten feet. All other work would be performed within
the footprint of the existing dwelling, including raising the
ridge height from about 13 feet to about 20 feet within the same
footprint and without corning any closer to the lot lines than the
existing structure. In addition to the nonconformities noted
1
above, the structure is sited as close as about 0.18 foot from
the easterly side yard lot line and at zero feet from the
northerly rear yard lot line. The locus is situated at 7 FAWCETT
WAY, SIASCONSET, Assessor's Map 73.1.3, Parcel 64, is shown upon
Land Court Plan 42574-A, and is situated in the Sconset
Residential-l zoning district.
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
recei ved at our public hearing. There was no Planning Board
recommendation, on the basis that no matters of planning concern
were presented. One abutting property owner was represented in
person and by counsel, in opposition to the application
expressing concerns about the impact on his privacy primarily
related to the second floor deck; one other abutter wrote a
letter in opposition expressing concerns about intensity of use.
Except for the presentation by the Applicant's representatives,
no other support or opposition was presented at the public
hearing.
4. The Applicant, trough counsel, stated that the locus is
situated in "Codfish Park", a densely settled portion of
Siasconset. The existing dwelling upon the locus, which was in
existence prior to the 1972 adoption of the Nantucket zoning By-
law and clearly visible on a 1957 aerial in the Town records in
substantially the same location and configuration, is sited very
close to the property lines, and to dwellings upon adjacent
properties which also were in existence prior to the adoption of
the By-law and are sited within required setback areas. A
portion of the subject dwelling actually encroaches upon the land
of the abutter to the north, but the Applicant has an easement to
maintain the dwelling in that location, as established by the
Land Court. The Applicant also has an exclusive use easement in
a portion of the property of another abutter, north and west of
the locus. The Applicant now seeks to improve her dwelling, by
upward expansion within the existing footprint to place a partial
second story on the dwelling, and by a lateral expansion filling
in a gap in the building footprint and extending westerly from
the present structure. (The Applicant originally also intended
to construct a porch on the southerly facing front of the
dwelling, but this is no longer proposed by the Applicant and has
been withdrawn in order to address the concerns of the abutting
neighbor to the east; the Applicant now proposes a ramp for
handicapped access at the front of the dwelling, and no longer
seeks relief for any addition in that location.)
5. Accordingly, the relief sought by the Applicant before
the Board of Appeals consists of (a) expansion of ground cover in
excess of the maximum of 30% permitted in this zoning district,
(b) upward expansion within the existing footprint, and (c)
intrusion into the westerly side yard setback for the proposed
bulkhead.
2
\
6. As to ground cover expansion, the Applicant applied for
relief by special permit on the basis that the pre-existing,
nonconforming footprint exceeds the maximum ground cover ratio,
and in the al ternati ve for relief by variance from the ground
cover ratio requirement. The Applicant called the attention of
the Board to a recent decision by the Land Court in the case of
Mandalas v. Mashpee Zoning Board of Appeals, Misc. Case No.
303522, which on the basis of M.G.L., c. 40A, 5 6, and cases
cited therein, sets forth that special permit relief was
applicable to increases in ground cover for a _singl_~oriWQ=-
family dwelling which is already in excess of ground cover as a
pre-existing, nonconforming condition. The Board elected to
consider this part of the requested relief as a request for a
special permit under By-law 5139-33.A. The Applicant argued that
the expansion of ground cover would be minimal in scope,
including in part infill within the irregularities in the
perimeter of the existing structure, and would enable the
Applicant to better utilize her very small existing dwelling. No
opposi tion or concerns were raised by any neighbor as to the
proposed ground cover expansion.
7. As to the upward expansion wi thin the existing
footprint, including work within setback areas, the Applicant
presented evidence that other dwellings in the neighborhood have
a second story and such an expansion would be consistent and in
harmony with the neighborhood context. The easterly abutter, who
appeared in person and was represented by counsel at the hearing,
expressed concern about a second-story deck shown upon the
Applicant's plans, which would face the neighbor's back yard.
After discussion in the course of the hearing, the Applicant
agreed to eliminate the proposed second-story deck on the
easterly fa9ade of the structure, and the neighbor stated that he
had no opposition to the Applicant's plans as so modified.
Applicant further clarified that the structure would not be
demolished but would be substantially renovated and such
renovation may include reconstruction of a portion of the
structure heretofore inaccessible in order to shingle the
exterior.
8. As to the proposed bulkhead addition, Applicant states
that it would create a new nonconformity, in that it would
intrude into a required side yard setback area that the structure
is at present conforming with. Therefore, as stated in the
Mandalas case, which presents a remarkably similar set of issues
to the present case, variance relief is necessary to permit this
addition to intrude into the required setback area. The
Applicant demonstrated that the locus has the benefit of an
exclusive use easement in the adjacent property, which results in
the property line being only an artificial barrier, since the
abutter on the westerly side (who expressed no opposition) does
3
not have the use of the land between the abutter's dwelling and
the property line.
9. On the basis of the foregoing presentation, the Board of
Appeals, by a vote of four members (Waine, 0' Mara, Murphy and
Koseatac) in favor and one (Loftin) opposed, finds that the
proposed alterations to the single-family dwelling upon the
locus, as modified to eliminate the proposed second-story deck on
the easterly side, would increase the nonconforming nature of the
structure with the increase in ground cover and increase in
height within the required setback areas. However, the Board also
finds that said increases would not be substantially more
detrimental to the neighborhood than the existing
nonconformities. In addition, the Board of Appeals, by the same
vote of four members (Waine, O'Mara, Murphy and Koseatac) in
favor and one (Loftin) opposed, made the finding that, owing to
circumstances relating to the shape of the land and structures
thereon (specifically, the irregular shape of the locus, the
position of the pre-existing structure thereon, and the traveled
path of Fawcett Way across a portion of the property), and
especially affecting the locus but not affecting generally the
zoning district in which the locus is situated (because of the
exclusive use easement adj oining the setback area from which
relief is requested), a literal enforcement of the provisions of
Zoning By-law ~139-16.A as to side yard setback would involve
substantial hardship to the Applicant, and that desirable relief
may be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the
general purpose and intent of the By-law. Accordingly, by the
same vote of four members (Waine, O'Mara, Murphy and Koseatac) in
favor and one (Loftin) opposed, the Board of Appeals took the
following actions, subject to the conditions hereinafter set
forth:
(a) Voted, to GRANT relief by SPECIAL PERMIT under
Zoning By-law ~139-33.A(1) and (8), to allow the increase in
ground cover and upward expansion as proposed; and
(b) Voted, to GRANT relief by VARIANCE from the
provisions of Zoning By-law ~139-l6.A, to allow the construction
of the bulkhead wi thin the westerly side yard setback area as
proposed.
10. The relief hereby granted is subject to the following
conditions:
(a) No exterior construction work shall be performed
related to this project between June 15 and September 15 in any
given year;
(b) There shall be no second-story deck or balcony on
the easterly side of the dwelling;
4
(c) The Board specifically did not grant relief to
construct a porch on the southerly front facing side of the
dwelling, as requested in the original application, as the
Applicant is now constructing a porch/ramp that would provide
handicap access to the structure and such a ramp providing
handicap access is exempt from the setback provisions of the
Zoning By-law;
(d) All work shall be performed in substantial
conformance with the "Plot Plan" done by Nantucket Surveyors,
LLC, dated November 15, 2005, a reduced copy of which is attached
hereto as Exhibit A; and
(e) All work shall be performed in substantial
conformance with the plans approved by the Nantucket Historic
District Commission under Certificate of Appropriateness No.
41,422, as the same may be modified to eliminate the roposed
second story deck on the easterly sid he d~elling. !
Dated:
rn-
~
, 2006
~"~I~
Michael_ J. ' a~,: ..-/_/
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Edward C.
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Town of Nantucket
~NING BOARl2 OF f!.PP!AId
REC8VEO _
BOARD OF ASSESSORS
NOV 0 9 Z006
TOWN OF
NANTUCKET, MA
LIST OF FARTIES rN INTEREST IN THE MATnlt OP'ffiE PETITION Of' .
PROPERTY OWNER.;E~~.~, .~.~m.~:~,.. ..~~r(K1.M,dlO..
MA1LfNG A DqFlESS.,. ~(9..~~~~.~.... .9.'!n.~~~.~~I!". ..J.!,~~~.~y. ,,~..~,~~~.~:z:~.~. LLP
PROPER TV LdcA lION....7."... .f.?M..!.c.~... .W.?:-:i.................
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SEE An ACH'ED PAGES
1 tcrtify thilli'll; foregoing is, list ofpersQt\s who'lJ~ OWners of,bunt,&: p1'I)pc:rty, OWI1eN or.
IUld direc!ly Opposile on MY pUblic Or pri...&t; slreel or w.y;'l.lld -bUlte" or Ihe .bullen a.nd all
olher land L'l.....ners ""ILl1in 300 (eel Or lhe property lin, of own~r'. Prop~rty, all u they &ppelll on
Ihe mOtl reCenl ,ppHcable 'lX 11$1 CM.G.L. c. 40A, Sc~tion 11 Zoning Cod.. Chapler J 39.
Section I J9.290 (2)' . .
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