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Home My WebLink About108-07 Hammer 06/18/2008 09:31 FAX 5082285630 READE GULLI CKSE -.-- I4l 001/001 ~: :~"~:;:'~'P.:r.i'nt:F' "rml:,"' : .f,:! '"''''''''11''111101,91111''111''''' @ --l -~' O~" ~' L:::: z ~:?" TOWN OF NANTUCKEl! BOARD OF APPEALS NANTUCKET, MA 02554 --- \0 :;r;:. co \0 Fil' N . tl1..Y' .,/1,;::; e o.~.~ Map 73.:t/8 PaIcd e(! - This agr""rnem co extend rhe rime limit fOr th" Bo:ml of Appeal;; to make a deci~ion, holJ a public hearing, or to t:lke orher action concerning the applicariOl1 of: J~ 4. d&l6-' h~~ ~ :..:. ..V::'.:":' ty: .::: .: .. y;/{:'. .,.:. . ~ : ':::.::.:: l'ursuant to the provisions of rhe Acrs of 1987, Chapter 498, amending the Srare ZOnirl~ Act, Chapter 40A of th" Massadlusercs Genetal Law~, ApplicantC;)/PetitionerC;;) and [hc Zoning Board of Appeals hereby agree to eJ."1;Cnd the time limit o For a public hearing On the application ~ For a written J"cision o For other action::' :. ::: : . ::.:: .. : .: Such application is: o ~ o o o An app"al from dle dccision of any :\dminiSl:nlliv" official A pditicm for a spccial pcrmiI A petition for a v:\tiance An cXIcnsioIl A modification The new time limit ;;hall bc midnight on a time limit set by statute at bylaw. "I-~' ':?L...~(l/Je...., " ",,~r "':~I " """'" . ., which is nor. earlier rh:.fl The Applicanr Co), attorney, or agent for rhe Applicant represem"d ro be duly <1llthOriz"J tel acr. in r.hi;; mattc.: for the "ppliC:\Ilt, in execucing this agre"fi1"nr waive:;; any r.ighrs under t:h~ N anruckc:t ZO'1.iT1g Bylaw :\l'lcll:he StaIe Zoning Act, as am~nd"d, to the extent, only [0 the extenr, incol1sistcm with this ~\greem"nt. -~ r ....,.......~ " I, ,';/.7 FOr pplic 0) t,-t /f' f)' . ., I:...... ..,.......... ............, ".. .3..,.... . .M....G.J.t4). "":':"""",,,,,,,,,1,1,','"'''''' ":::::,:',:,,,: :/,~""""""~" For Zoning Board of Appeals : ',,,,,', :'il ',,',,:1,,:',,';: I": ':':'1:":'0'::,'::'::' Town Clerk Sr~mp: Effw:ive Date of Agreern"nt 2 Fairgrounds ROlOld Nantucket Maaaachuscrrs 508-228-7215 telephone 02554 508-228-7298 facsimile TOWN OF NANTUCKET BOARD OF APPEALS co NANTUCKET, MASSACHUSETTS~2554:= ;;- c=i d j ~ ~ Date: August 11.:.--":3 2008 ::-1 IJ1 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 108-07 Owner/Applicant: Jay Hammer and Robin Hammer Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed with the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing a complaint in Land Court within TWENTY (20) days after this day's date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. fzl1oJ-. {5PfJj Michael J. O'Mara, Chair.man cc: Town Clerk Planning Board Building Commissioner/Zoning Enforcement Officer PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY-LAW SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32 (VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT 508-228-7215. NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road, Nantucket, Massachusetts 02554 Assessor's Map 73.1.3, Parcel 86 6 King Street 'Sconset Old Historic (SOH) Plan Book 23-3 Deed Ref. Book 677, Page 318 DECISION: 1. The Nantucket Zoning Board of Appeals held public hearings on February 8, 2008, March 13, 2008, June 12, 2008, and July 11, 2008 in the Garage Area at 2 Fairgrounds Road, Nantucket, Massachusetts regarding the application of Jay Hammer and Robin Hammer, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, Board of Appeals File No. 108-07. On July 11, 2008 the Board made the following Decision. 2. Applicants sought relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-law Sections 139-33(A)4 and 139-33(A)8 to alter a pre-existing nonconforming use or structure and Section 139-33(E)2a to increase the ground cover ratio of the lot. The Premises is located at 6 King Street, Siasconset and is shown on Tax Assessor's Map 73.1.3 as Parcel 86 and in Plan Book 23-3. The property is zoned 'Sconset Old Historic (SOH). 3. The locus is about 3,585 SF in a zoning district (SOH) where a 5,000 SF minimum lot size is required. The single family dwelling is sited about 4.3 feet from the southerly/rear lot line at the closest point where the required setback is 5 feet. The bunkhouse (noted on a 1984 Building Permit as a habitable structure with sleeping and sanitation facilities, but no kitchen) is situated about 1.1 feet from the westerly side lot line, and about 1.9 feet from the easterly side lot line at the closest points, respectively, where the minimum side yard setback is 5 feet. There is approximately 10 feet of separation between the two structures. The current ground cover ratio is 31.6% in a zoning district where nonconforming lots are limited to 30%, but are allowed up to 50% with special permit relief. All of the nonconformities are grandfathered as pre-existing the Nantucket Zoning By-law adopted in 1972. The locus and structures thereon are conforming in all other respects to the dimensional requirements of the Zoning By-law. 4. Applicants proposed to alter the pre-existing nonconforming 397 +/- SF bunkhouse by lifting it and placing a crawl space underneath it, and to concurrently move the bunkhouse approximately seven feet south (toward the rear) to create 12 feet of separation between it and the main dwelling. Applicants also proposed to alter the preexisting nonconforming 735 +/- SF main dwelling by lifting it to add a full basement, and an approximately 8 foot by 12 foot 1 addition to the south east comer of the structure, as shown on Exhibit A, for the purpose of constructing a stairway to the new basement. Both structures would also be set about 1.0 to 1.5 feet higher than their current elevations to deal with drainage issues that damaged the prior foundations.. The ground cover of the dwelling would increase to 835 +/- SF and the ground cover ratio for the locus would increase from 31.6% to 34.3%. The stairway addition would not be located in the setback and would not increase any encroachment into the setback. Applicants also proposed to make interior and exterior repairs and improvements to the structures, both inside and outside the setback, and to move the parking to the eastern portion of the locus, none of which require relief. 5. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. There was no Planning Board recommendation, as no matter of planning concern was presented. Oral and written presentations were made by the Applicants' representative, and opposition and concern was presented orally and in writing by representatives of the abutters at 4 King Street, 8 King Street, and 20 Shell Street. Applicants stated that such pre-existing nonconformities are common in this area of Siasconset, and that relief to install crawlspaces, basements, and associated increases in ground cover and changes in elevation are commonly granted by the Board of Appeals in the SOH zoning district of Nantucket and elsewhere on Nantucket. The abutters did not suggest that the proposed increase in ground cover or changes to the structures would be detrimental to the neighborhood, but did suggest that the construction process would be such a nuisance to the neighborhood and would pose such a risk of undermining nearby structures and vegetation, so as to justify the denial of relief and/or substantial conditioning of any relief granted. As a result of the testimony received during the public hearings, the Applicants significantly altered their construction plans and process and agreed to some of the conditions proposed by the abutters and their counsel. Applicants also withdrew the portion of their proposal to move the bunkhouse toward the rear of the lot (the pre-existing bunkhouse does not have to comply with the 12 feet of separation between two dwellings required by Nantucket Zoning By-law Sections 139-7(A)(2)), altered their proposal to seek only a partial basement under the portion of the single family dwelling west of the current outdoor shower, as shown on plans submitted, and to substitute the cement block foundation and crawl space under the bunkhouse to a pier foundation with an interior block portion. 6. Therefore, based upon the foregoing, the Board of Appeals finds that the proposed alterations and expansion of the single-family dwelling and the bunkhouse, would constitute alterations to nonconforming structures within the setback area and an increase in the nonconforming ground cover ratio of the locus, all requiring relief. The Board further finds that said alterations to the structures and the increase in the ground cover ratio would not be substantially more detrimental to the neighborhood than the existing nonconformities. Although the Board is cognizant of the temporary impact any construction will have on a neighborhood with little distance between individual structures, such minor alterations to and basic maintenance of aging structures are ordinary and not detrimental to the neighborhood. The Board also notes that a grant of relief would not create any new nonconformities, would not increase any setback encroachments, and would be consistent with similar relief granted to properties nearby and properties similarly situated. 7. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-law Sections 139-33(A) and (E) to allow 2 construction of a new full and partial basement under the existing single-family dwelling and an approximately 8 foot by 12 foot addition thereon, a new crawl space under the bunkhouse, and an increase the elevation height of both structures upon the new foundations, and an increase in the ground cover ratio from 31.6 % to 34.3%, all in substantial compliance with materials submitted to the Board and as approved under Certificates of Appropriateness issued by the Nantucket Historic District Commission, subject to the following conditions: a. Exterior construction implementing the relief granted, shall only take place from 8:00 AM to 5:00 PM, Monday through Friday, and 8:00 AM to 12 Noon on Saturdays, with no exterior construction on Sundays. Exterior construction implementing the relief granted shall only take place between October 18 and Memorial Day of any year. This condition shall also apply to mechanical excavation, backfilling, and regrading of the locus for construction related to the relief granted. b. All construction shall be completed in accordance with this decision and as shown on the site plan entitled "Exhibit A" prepared by Earle and Sullivan, Inc., dated July 28, 2007 and attached as Exhibit A. In addition to the standard conditions listed above, the Applicants have agreed to the following. conditions in an effort to mitigate the effect of construction on the neighboring properties: c. No exterior amplified music shall be permitted on site during the construction process under this permit; d. The private driveways along King Street shall be kept accessible and unobstructed at all times; e. Applicants will provide a police detail in the event King Street will be closed and will not close or obstruct King Street overnight; f. Mechanical driving of steel plates or pilings into the ground as a means of shoring the excavation sites shall not be permitted, although mechanically augured pilings are permitted; g. With the exception of the compressors used for raising and lowering the structures, all other compressors used for this construction must be located within sound-muffling enclosures; h. All excavation within 10 feet of the cherry tree in the front yard, a recognized Town Tree, and the mature maple tree near the rear lot line of the southerly abutter, shall be done upon advanced consultation with an arborist and a representative of the Nantucket Tree Warden or the Department of Public Works, as evidenced by a letter or letters from such to the Nantucket Building Commissioner; and 1. The applicant shall landscape the property upon completion of the construction. SIGNATURE PAGE TO FOLLOW 3 ,.-----.'.-- r ~,.~,..., ........ Dated: A",J. ~ t. , 2008 \\ \ /1 Burr Tupper COMMONWEAL TH OF MASSACHUSETTS Nantucket, SS. August ~, 2008 On this ~ day of August, 2008, before me, the undersigned Notary Public, personally appeared I a/tr.. , who is personally known to me, and who is the person whose name is signed on the preceding or attached document, and who acknowledged to me that he signed it voluntarily for its stated purpose. Notary Public: If t-rfiiJ..- My commission expires: 4 ~([~fzo tq. ,\\\l.I,*;iHlflflt/l/ ~.\,'''\\:>~ESC II/I/I//~ L. c;;.. """",/tP.~~ ~v""Pll""'''''' >;, I ~....,~";i e/'" ~ ~O~ ....)..,~ ~~:'. -/0 ".. \. · :0 ~;~\~...~ 'i ~-,..- ~""" \ 1=;- := I _0&. ~.::.;J" . t:. . - \ :.~ ~\q" :lj 2,';';: S ~ ~.r~<~~: $ 'C /......" 03..,1,(.;:: \ ....~ -~'" <..~...~o ~ ,. ..:) -.. ~ '" ",,'/$sian E"(;:':"f:.:.~~,,~ , Oo"~-a;fo::~\\''''..r'::<~~,~ ~~ ,\1MC~'i\"!~~\\.."}..~'C' ~IIIIAtASss .,l~"\\\\\' /111111111111.1\\\\\\\\\ DHca "'D. KING (PUBUC) STREET r--_ I I I ~ I I ~ I I I p;~~~G I I Rgg~g) I I I I I I I L..--__-J S 84'56'41. E 69.58' ~ 0, ri D<C/( 'lI 'lirg ~ l<s -\ ~~ ~~'t"~ ~ gOi 61 ,,~ ~ 1.":i: ~ji j~~g J:! ~"':f 1/ 7J: 1.;;:.qes ~...."...~* B. ReN~ Co oi ... 5' 7J.l.J_8J N~1f[F. """ BK.IJ.PQ.18 I.P1P( FND. -EXHIBIT A- PLO T PLAN TO ACCOMPANY ZONING BOARD OF APPEALS APPLlCA nON IN NANTUCKET. MASSACHUSETTS SCALE: 1-=10' DATE'NOV. 30. 2007 REVlSED:DEG. 13, 2007 REVlSED:DEG. 1l!" 2007 REVISED: JUL Y 2(1, 2008 DEED REFERENCE:DD.BI<.677,PG.318 ASSESSOR'S REFERENCE: MAP: 73.1.6 PARCEL: 86 PREPARED FOR: ROBIN .k JA Y M. HAMMER NOTE: FOR A PRE-EXISTING NON-CONFORMING LOT WITH LESS THAN 5,000 S.F. THE MAXIMUM GROUND COVER IS 30% CURRENT ZONING: MINIMUM LOT SIZE: MINIMUM FRONTAGE: FRONTYARD SETBACK: SIDE AND REAR SETBACK: ALLOWABLE G.C.R.: EXISTING G.C.R.: PROPOSED G.C.R.: S.O.H. 5.000 S.F. 50 FT. NONE 5 FT. 50% (SEE NOTE) 31.6% :!: 34.3% :!: FOR PROPERTY UNE DElERMINATlON THIS PLOT PLAN REUES ON CURRENT DEEDS AND PLANS or RECORD. VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON. N.B.6-1 lj1/...JJk, EARLE.k SULLIVAN, INC. PROFESSIONAL LAND SUR~YORS 18 BLUEBIRD LANE ~ANTUCKET. MA. 02554 ES-32