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Home My WebLink About011-06 TOWN 'OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: mOM 2\3 , 20 oG, To: Parties in Interest and. Others concerned with the "'-De-ClsIOil6f the BOARD OF APPEALS in the Application of the following: Owner/Applicant: O[/c-O</; Le~ {/ e, - . I<l n r Application No.: 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. ~ ;0 m Any action appealing the Decision must be broughti~ filing an complaint in court within TWENTY (20) ~f~ af1;ir this day's date. Notice of the action wi th a copy!: of thE?=' com~laint and certified copy of the necision mus~~e gi~n to the Town Clerk so as to be received within suPll TWENTY ( 20) days. ." ~ 0i .s:::. ~ ~Le.. lAJ'Q~ne-1 Chairman 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); ~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 Assessor's Map 29 Parcel 83 R-l 1 Galen Avenue LC Plan 14993-H, Lot 9 Certificate of Title No. 21377 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 10:00 A.M., Tuesday, February 14, 2006, having been continued without opening from Friday, February 10, 2006, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of LESLIE KING, of 24 Commonwealth Avenue, Apartment 3, Boston, MA 02116, Board of Appeals File No. 011-06, the Board made the following Decision: 1. Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33A(9) (alteration/expansion of a pre-existing nonconforming structure/use - ground cover) and to the extent necessary, a MODIFICATION of the relief granted in the Decision in BOA File No. 048-81 that allowed expansion of the ground cover by construction of a bedroom addition. Applicant proposes to demolish an existing single- family dwelling and construct a new single-family dwelling on substantially the same location, except that the new structure would be so sited as to be conforming to all setback requirements. The ground cover ratio would be about 42% whereas a maximum of 52.3% was allowed in the previous Decision. In the alternative or in addition and to the extent necessary, Applicant is seeking relief by VARIANCE under Nantucket Zoning By-law Section 139-16A (Intensity regulations - ground cover) to complete the project as proposed. The lot is nonconforming as to lot area with the lot containing about 2,204 square feet of lot area in a district that requires a minimum lot size of 5,000 square feet; as to frontage, with the lot containing about 49.93 of frontage on Galen Avenue in a district that requires a minimum frontage of fifty feet; as to front yard setback with the structure being sited as close as about 6.4 feet from the front yard lot line in a district that requires a minimum front yard setback of ten feet; as to ground cover ratio with the lot containing about 49.2% in a district that allows a maximum of 30%; and as to side yard setback with the structure being sited as close as about 4.1 from the easterly side yard lot line in a district that requires a minimum side yard setback of five feet. The Premises is located at 1 GALEN AVENUE, Assessor's Map 29, Parcel 83, Land Court Plan 14993-H, Lot 9. The property is zoned Residential-1. 2. The Decision is based upon the Application and materials submitted with it and testimony and evidence presented at the Public Hearing. The Planning Board made no recommendation. There were no letters on file, and no abutters appeared at the hearing. 3. Applicant's attorney presented the case for the Applicant. He explained that both the nonconforming lot and dwelling pre-existed the 1972 enactment of the Nantucket Zoning By-law. The structure, though smaller, was clearly visible on the 1938 and 1957 aerials in the Town records with the front portion being sited in substantially the same ., location as at present. In 1981 a predecessor in title obtained a grant of relief by variance from the Board of Appeals in the Decision in BOA File No. 048-81 allowing the addition of an about 16' x 21' two-story bedroom addition to the dwelling with a maximum overall ground cover ratio of 52.3%. The structure was represented to have been used as a one-story garage and prior to 1972 it was converted into a cottage. The undersized lot was the result of a subdivision of one larger lot in 1968 that separated the lot with the subject structure on it from the primary dwelling that maintained frontage on Walsh Street. The addition was constructed, and a Certificate of Occupancy was obtained in 1983 (No. 2138-83). There has been little change to the structure since the Certificate of Occupancy was issued in 1983. In 1981 the Zoning By-law changed so that pre-existing lots of record under 5,000 square feet were limited to the ground cover ratio of their district, whereas in 1980 pre-existing lots were allowed up to 1,500 square feet of ground cover regardless of lot area. Without the grant of the Variance relief, the former owner would have been limited to a maximum ground cover of 661 square feet. The Variance relief granted in1981 allowed a structure with a total ground cover of about 1,084 square feet (about 49%). Applicant originally intended to renovate the existing structure in its existing footprint. However, Applicant represented that the structural integrity of the house would not be adequate to allow significant renovations. Additionally, because the house is in a flood plain zone, substantial renovation of the existing structure would require that the first floor height be no lower than elevation eight. Because this pre-existing structure sat on a "slab", Applicant stated that it would be extremely difficult to raise it up and build a new foundation beneath it without compromising it. Applicant proposed to demolish the existing structure, nonconforming as to setback requirements, and build a new dwelling that would meet the flood plain elevation requirements as well as all setback requirements and have up to a maximum of 936 square feet of ground cover (42%), which would be an overall reduction in ground cover ratio from what was previously permitted. The structure would not exceed the maximum height allowed of 30 feet. 4. Therefore, based upon the foregoing, together with the findings in the 1981 Decision, the Board reaffirms said findings, and newly finds that the existing 1981 Decision may be modified without substantial detriment to the public good, without nullifying or substantially derogating from the intent or purpose of the By-law and that a literal enforcement of the provisions of the Zoning By-law would involve a substantial financial hardship to the Applicant and that there is sufficient uniqueness in the topography of the structure in this Residential-1 zoning district. The Board further finds that a new dwelling with reduced ground cover, conforming as to all setback requirements, and elevated above the flood plain elevation would have a beneficial effect on the neighborhood and not be substantially more detrimental to the neighborhood than the existing situation. 5. Accordingly, by a UNANIMOUS vote, the Board grants relief by issuing a MODIFICATION of the existing VARIANCE granted in the Decision in BOA File No. 048-81 and relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139- 33A(9) to allow demolition of the existing structure and reconstruction of a new single- family dwelling as proposed. Said relief is conditioned upon the following: I a. The new structure and any appurtenant air circulation units, gas or oil tanks, and the like, shall not be sited within any required setback area; b. There shall be no exterior construction related to this project between June 15 and September 15 of any given year; and c. Maximum ground cover ratio allowed for this lot shall be 43%. Dated: March '2..8 2006 Kerim Koseatac 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 12:00 P.M.. FRIDAY, FEBRUARY 10, 2006, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: LESLIE KING BOARD OF APPEALS FILE NO. 011-06 Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By- law Section 139-33A(9) (alteration/expansion of a pre-existing nonconforming structure/use - ground cover) and to the extent necessary, a MODIFICATION of the relief granted in the Decision in BOA File No. 048-81 that allowed expansion of the ground cover by construction of a bedroom addition. Applicant proposes to demolish an existing single-family dwelling and construct a new single-family dwelling on substantially the same location, except that the new structure would be so sited as to be conforming to all setback requirements. The ground cover ratio would be about 42% whereas a maximum of 52.3% was allowed in the previous Decision. In the alternative or in addition and to the extent necessary, Applicant is seeking reliefby VARIANCE under Nantucket Zoning By-law Section 139-16A (Intensity regulations - ground cover) to complete the project as proposed. The lot is nonconforming as to lot area with the lot containing about 2,204 square feet of lot area in a district that requires a minimum lot size of 5,000 square feet; as to frontage, with the lot containing about 49.93 offrontage on Galen A venue in a district that requires a minimum frontage of fifty feet; as to front yard setback with the structure being sited as close as about 6.4 feet from the front yard lot line in a district that requires a minimum front yard setback of ten feet; as to ground cover ratio with the lot containing about 49.2% in a district that allows a maximum of 30%; and as to side yard setback with the structure being sited as close as about 4.1 from the easterly side yard lot line in a district that requires a minimum side yard setback of five feet. The Premises is located at 1 GALEN AVENUE, Assessor's Map 29, Parcel 83, Land Court Plan 14993-H, Lot 9. The pro~ zoned Residential-\. C&x W~ Dale Waine, Chairman 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. 0/14 FEE: $300.00 APPLICATION FOR RELIEF Owner's name(s): Leslie Kine: Mailing address: 24 Commonwealth Avenue. Aut. 3. Boston. MA 02116 Applicant's name(s): same Mailing address: Locus address: 1 Galen Avenue Assessor's Map/Parcel: 29/83 Land Court PlanIPlan Book & Page/Plan File No.: LC 14993-H Lot No.: .2 Date lot acquired:~ 3//11... Deed Ref.lCert. of Title: Cert. No. 21.377 Zoning District: R-l Uses on Lot- Commercial: None_ Yes (describe) Residential: Number of dweUings:-L Duplex_ Apartments_Rental Rooms Building Date(s): AU pre-date 7/72? ..K.. or addition in 1981 Building Permit Nos: 1054-05 Renovations Previous Zoning Board Application Nos.: 048-81 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 ofO(s)? No. 2138-83 Please see attached Addendum I certify that the informati ,contained herein is substantially complete and true to the best of my knowledge, under the p ns an penalties of perjury. SIGNATURE: Applicant (If not owner or owne rney, please enclose pr of of agency to bring this J '2 f FOR A FFICE USE Application received on:i.!{ )!~By: (/'- Complete: Need ~ ......# > Filed with Town Clerk:-LC7 I~oard: 1 1_ Building DePt.:-,=r~BYU ~) Fee deposited with Town Treasurer:~U( lcl.eBy:Ewaiver requested?:_Granted:-'-'_ Hearing notice posted with Town Clerk:-L7t7 ~ailed:--1.rZ;ZJOif.:I&M:-L!?i;Jr;[Q& 21 ~.ifP- Hearing(s) held on:-'_I_ Opened on:-'-'_ Continued to:-'-'_ Withdrawn?:_I-'_ DECISION DUE BY:_I_I_ Made:_I-'_ Filed wffown Clerk:-'_I_ Mailed:-'_I_ DECISION APPEALED?: 1 1 SUPERIOR COURT: LAND COURT Form 4/03/03 AttomeY/Agen~ tter before the Board) ". ADDENDUM TO APPLICATION Applicant owns property at 1 Galen Avenue which contained a pre-existing non-conforming residential structure on a pre-existin2 non-conformin210t. In 1981 a previous owner obtained a variance (048-81) allowing the addition of a 16' x 21' bedroom addition to the structure. This addition was built and a certificate of occupancy was obtained in 1983 (2138-83). The lot and structure as existin2 today are non- conformin2 as follows: a) The lot is non-conformin2 as to area in that it contains 2204:f: square feet in a zonin2 district requiring 5000 square feet. It is non-conforming as to frontage in that it has 49.93 feet of frontage in a district that requires 50.00 feet of frontage. b) The residential structure is non-conforming as to front-yard setback, being 6.4 feet from Galen Avenue in a district requiring a 10 foot front yard setback. The structure exceeds ground cover having 49.2% ground cover in a district that allows 30% ground cover. The excess ground cover is partially due to the 1981 variance grant. The rear northeast portion of the structure violates the side-yard setback being 4.1 feet from the sideline in a district requiring a lIVe foot setback. This non-conformity is a result of the variance relief in 1981. Applicant originally intended to renovate the existing structure in its existing footprint. However, the structural integrity of the house is not adequate to allow significant renovations and since the house sits on a slab it is impossible to raise it up to meet necessary flood plain elevations for the first floor living space. Applicant seeks a special permit pursuant to Chapter 139-33A (9) to allow demolition of the existing residential structure and allow the construction of a new single family residential structure, said new structure to comply with all set-back requirements of the by-law and to have 936 square feet of ground cover (42 % ). To the extent necessary applicant seeks a modification of the variance granted in 1981 to allow the demolition of the addition built pursuant to that variance and the construction of the new dwelling as outlined above. In the alternative, applicant seeks a variance pursuant to Chapter 139, Section 16A to allow demolition of the existing structure and construction of a new single family residence as outlined above. --=r ~ ",- "" .-... ~ ,.- :~ <i ."'t' l ~' ~8 Z . I ~ '1 ~Z ~ ~ ~ .~ z . . ~ 0 ~ -t--- ~ ~ ~ u ~ "- ~ ~ '" ;~ rJ1 Z - ~ ~ ~ .. ~ < 0> ~ :E 0 -0 ~ .c "- < ~ z ~ .,...Q fc e.o .:::J ;0 (, ,lL. -:r-i c; ..J': .~ .~ I '0 ::t- > L :- " r~ C /QI 0-( .~ u ~ " . "- ( - en ~ c 0 I (,) .2- ~ 0 ~ c: VI u:~ <.i ~\ . Z Z_ o~1669 DEED We, JANE R. LEICHTER and JOAN L. SMITH, as Trustees of 1 GALEN AVENUE, NANTUCKET REAL ESTATE TRUST, under Declaration of Trust dated December 28, 1988, registered with Nantucket Registry District as Document No. 46104, of Nantucket, Massachusetts, for consideration paid in the amount of $459,000.00, grant to LESLEY KING and DAVID A. KING, as joint tenants with right of survivorship, of 7 Stevens Street, Winchester, Massachusetts 01890, with QUITCLAIM COVENANTS, That certain parcel of land, together with the buildings thereon, located in Nantucket, Nantucket County, Massachusetts, now known and numbered as 1 Galen Avenue, bounded and described as follows: EASTERLY by Lot 1 on plan hereinafter mentioned, thirty-seven and 99/100 (17.99) feet; by Lot 8 on said plan, fifty-four and 43/100 (54.43) feet; NORTHERLY SOUTHERLY by Galen Avenue, forty-nine and 93/100 (49.93) feet; and WESTERLY by land now or formerly of Daniel G. Wheeler, Guardian, (Lot 39) feet, forty-six and 97/10 (46.97) feet. Said land is shown as Lot 9 on Land Court Plan 14993-H, filed with Certificate of Title No. J;7oS- at Nantucket Registry District. Said land is conveyed subject to the following matters: (a) Variance, dated November 6, 1981, registered with Nantucket Registry District as Document No. 24660. (b) Real estate taxes assessed by the Town of Nantucket for the fiscal year 1999. For title, see Certificate of Title No. 13,922 at Nantucket Registry District. '- '. r.'~. .:......~ ~~~: - tr ,.;:: 7-; ~ '.;r -.;C' l'-' t..~; t._ .?~ ,,;~:: .....' .-~' .. ".' ~ ':'" .:-.:.. ',;'.': '. ! I ~ ....!" -#-- ." .; , ... '!.> ~. -~. ,",.. i.,.i:....... .../..:........'. ..J: ~:..;.. Jan 11 OS 08:541" Nant Arch Group Ltd FllrlO L~J ~M.liJ..Q..$/.Uli.4 I~--+ SU8DIVISION PLA~ OF LAND IN NANrUCKE~ '" Josiah S. Ba~r8tt, Surveyor w E Octobsr 1,. 1968 / I .c / ... I f if..- "'~ t I- .37.997" ,... 8". 1l'J ~i ' ~'---::::"'-~~,;~_ rJi . -- ~.9.9 .3 r~ rJN ""W//NNM"/n ~ ~ / / ~ . 8 : I . ~h"'N<::r/N/'CijJJ ,. G -4 ( e-N , I I i I ['f<l"" HJ-''qp.~ 4 lit" NUt' Subdiviaion of Lot ~ Show~ on Plan 1499}E Filed with Cart. of Title No. 4445 Registry District of Nantuokot County SeP<1rCJ(~ ce~tJfIC4(fJS of title mav he Iss.u~d for land sliown MteoII "s .(."-t-~ ,8. ,qn-i./g I By lIIe COIJrt. ,..... . un.. ..------ I I ' , l /)// / .,HI IJ ctQY;fZJ!.Eif!. ._;W<-/:I.(,-U::,(Aws :;.:~.Ci.i.,:~,::i' i:' ' j 1.\. ,. - ~ 4co,.;"rJ 'v.)I" t,4.iJ...( /, I f' .. . .q-Z .; ,. . " '-t. '" <- 0 oN !: .... . <xi ~ to 0 508-325-4284 J- W W a:: f- (/) ~' ~ 'i ~ '" " ,J J: en ..J <f ~ Copy or p6ft .f pion -- -11td in - LANO f?tDISTRATfOII OFFIce -I-(OK27,/968 - Sc;tle tffNspkn 2.0 ftet ~..n .nch CoM. AM=., E,;intu M rC"Itf.Z -------~ 14993;j ! I I I I I I I I 10.2 I I I I \~ . ~ IlK I":> I ~e.1 . ., " .;:; \.,1 :~ ~! ] "" -1 ~ I I I I , I I I ~... Town of Nantucket Zoning Board (} f Appeals Nantucket, Mass. 02554 November 6, 1981 Re: ROBERT J. LEICHTER, ET UX (El48-81) Enclosed please find notice of a decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Any appeals from this action shall be made pursuant to Section 17 of Chapter 40A of the General Laws, and shall be filed within twenty (20) days after this date. Robert F. Mooney, Chairman NANTUCKET BOARD OF APPEALS BOA,RD OF APPEALS Nantucket, Massachusetts DECISION: At a meeting of the Board of Appeals held Wednesday, October 28, 1981, at 1:00 p.m., in the Town and County Building, in the matter of ROBERT J. LEICHTER, ET UX (048-81), after due deliberation, the Board found: 1. This is an application for relief from Section V, Intensity Regulations, to permit the construction of an additional to a building located on Galen Avenue in an area zoned Residential 1. The Applicants have owned this property since 1973 and seek to add a bedroom to the cottage, which would be 16' x 21', increasing the ground cover from 812 square feet to 1071 square feet. The lot is a non-conforming lot of 2048 square feet. 2. ' Pr ior to the Town ~!eeting of 1981 the zoning by-law allowed 1500 square feet of ground cover for lots of record, but in this year it was reduced to 30% of the actual lot area. The proposed addition would be well within 1500 square feet, but would entail a ground cove ratio of 52.3%. However, this addition would still be well within the setback requirements of the by-law and would pose no problem to public health since the area has public sewer and water supply. The Board finds there would be no additional parking or public safety created by this addition. Therefore, the Board finds that the extension of this non-conforming structure may be permitted because such extension will not be substantially more detrimental to the existing non- conforming use to the neighorhood. 3. For the reasons set forth, the application for re- I lief from the provisions of Section V, Intensity Regulai tions, is granted in accordance with the plans sub- mitted, increasing the ground cover of the structure on Galen Avenue shown as Lot 9 on Land Court Plan l4993-H up to 52.3% of the actual lot area. BOARD OF APPEALS CURRENT ZONING CLASSIFICATION: Residential 1 (R-1) Existing: MINIMUM LOT SIZE: 5000 S.F. MINIMUM FRONTAGE: 50 FT. FRONT YARD SETBACK: 10 FT. REAR/SIDE SETBACK: 5 FT. GROUND COVER 7. : 30 7. 2,204 S.F.:l: SEE PLAN SEE PLAN SEE PLAN 49.27. 29-123 N/F BURLINGHAM. THERESA SABOL L.C.C. 3"7064-A CERT. #21293 LOT 2 -l>o Ol io '! 29-84 N/F COFFIN. LOUIS D. L.C.C. 14993-E CERT. #9321 LOT 1 29-82 N/F WALKER, LOIS T. loC.C. 14993-H CERT. #11856 LOT 8 dhCB . it> FND. i- 49.93 -;;..- -'j..S'r\'C.\..\../........ 01'.;..R\Z\~G "-- - - - .-J ;..?'C.;" - GALEN -- - -- THIS PLOT pLAN WAS PREPARED FOR THE TOWN OF NANTUCKET BUILDING DEPARTMENT ONLY AND SHOULD NOT BE CONSIDERED A PROPERTY LINE SURVEY. THIS PLAN SHOULD NOT BE USED T.o ESTABLISH PROPERTY LINES, FENCES. HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. THIS PLOT PLAN IS NOT A CERTIFICATION AS TO TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT ASSESSOR RECORDS. , .8~ . ASSESSOR MAP: . . f~ . . PARCEL: I' T: \P AJE Joi3 40 C: \SPF\PRi!iJ\PBO\B6619\BLP.dW9 11/1/2005 ----- AVENUE BUILDING LOCATION PLAN OF LAND IN NANTUCKET, MASS. SCALE: 1"= 10' DATE: NOVEMBER 1, 2005 Owner: . . . . .I~~$~$r. J(JN.G: . . . . . . Cert.: . jf.213n . Pion: .L..C..C, 14~~3:-ti,. L,OT .9. Locus: . . . . . 1. W..1,.E;N. A YE;~U.E. . . . . . . . . BLACKWELL and ASSOCIATES. Inc. Professiona~ Land Surveyors 20 TEASDALE CIRCLE NANTUCKET, MASS. 02554 (508) 228-9026 1:56:12 PM EST B6619