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HomeMy WebLinkAbout068-05 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: J!1Q~€m her h 2000 To: Parties in Interest and Others concerned with the - uDeClslon6f the BOARD O~ APPEALS in the Application of the following: Application No.: C!JtefS.-O:5' Owner/Applicant: Rd0ed D. cSOrn:\bn Om [OCr i7cPa ;3. GorrrsCJY1 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. cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING-TO NANTUCKET ZONING BY-LAW ~139-30I (SPECIAL PERMITS); 9139-321 (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. -_.. ,I AMENDED NANTUCKET ZONING BOARD OF APPEALS 1 East Chestnut Street Nantucket, Massachusetts 02554 11 Union Street, Nantucket Assessor's Map 42.3.1, Parcel 44 Residential-Old Historic Deed Book 333, Page 129 No plan on record DECISION: 1. At public hearings of the Nantucket Zoning Board of Appeals, opened on Friday, October 14, 2005, continued to November 18, 2005 for further discussion, and concluded on January 6, 2006, at 1:00 P.M., in the Conference Room in the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, the Nantucket Zoning Board of Appeals made a Decision on the Application (068-05) of ROBERT D. GARRISON AND LUCINDA B. GARRISON, of 11 Union Street, Nantucket, MA 02554, in connection with property known as 11 Union Street, Nantucket, Massachusetts. The Decision was appealed in the action Sibley v. Waine, et al, Nantucket Superior Court Civil Action No. 06-05. At further public hearing of the Nantucket Zoning Board of Appeals on Friday, December 8,2006, the Nantucket Zoning Board of Appeals modified the Decision in BOA File No. 068-05. The modified Decision of the Board of Appeals is as follows: 2. Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33A (alteration/ expansion of pre- existing/ nonconforming use/structure). Applicants proposed to alter the nonconforming use of the property, three dwelling units on one lot, by renovating the existing duplex structure in the main building by relocating one unit to the existing cottage and converting that structure into a duplex, thus maintaining three dwelling units. An existing garage structure would be demolished to provide room to expand the cottage. The height of the cottage would increase within the required five-foot setback areas but would come no closer to the lot lines than the existing structure. The new addition, constituting the increase in ground cover, would be conforming as to setbacks. As part of the project the main structure would also be renovated. Applicants are also seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33E(2). As part of the renovation and expansion of the cottage, Applicants are asking to increase the ground cover from about 41 % to no more than 50%, which is allowed by a grant of special permit relief for sub minimum lots in the ROH zoning district. One parking space is currently provided on site. Applicants propose to add a second parking space if possible. The lot is nonconforming as to lot size, with the lot containing about 4,400 square feet of area in a district that requires a minimum lot size of 5,000 square feet; as to ground cover with the lot containing about 41 % ground cover ratio in a district that allows a maximum ground cover for undersized lots of 30%; as to setback, with the main house being sited as close as about one foot from the southerly side yard lot line, and the cottage being sited as close as about one foot from the westerly rear yard lot line and about two feet from the northerly side yard lot line, in a district that requires a minimum side and rear yard setback of five feet; as to parking with the lot having one parking space where there are three required; as to use, with there being three dwelling units on the property, rather than a maximum of two as allowed in this district. The Premises are located at 11 UNION STREET, Assessor's Map 42.3.1, Parcel 44, no plan on record, Deed Book 333, Page 129. The property is zoned Residential-Old Historic. 3. Our Decision is based upon the Application and accompanying materials, affidavits, representations and testimony received at our public hearings. The Planning Board made a negative recommendation. Over the several hearings, an email was received from an abutter immediately to the west in opposition to the height and massing of the originally proposed new cottage; two letters were submitted from the direct abutter to the south and members of the abutter's family appeared on her behalf expressing concerns about the size of the proposed structure, parking and intensity of use, as well as unrelated issues concerning the exact location of the common property line with the Locus and the stability of the rear retaining wall below the embankment; and the direct abutters to the north spoke against the Application, in person and through counsel about concerns related to density of use on the property and negative impact on the traffic situation in the neighborhood. The file also contained a letter from the Applicants in which all of the changes that had been made since the previous two hearings were outlined. The Applicants listed the names and addresses of several nearby abutters that were not opposed to the project. 4. There was an Affidavit in the file from the predecessor-in-title that verified that the property contained three separate dwelling units from a time prior to the 1972 enactment of the Zoning By-law and prior to when the Applicants purchased the property in 1989. The Affidavit also stated that the structures had been in their present locations prior to 1972. The location of the primary structure and the cottage was also verified by aerial photographs contained in the Town records from 1938 and 1957. Such information was not challenged at the hearing. Having reviewed this information and hearing no contradictory evidence from any source, the Board found that the use of this property for three dwellings was a validly grandfathered, pre-existing, non- conforming use and proceeded with the hearing. 5. Applicants, through counsel and personal testimony, stated that the existing improvements on the property are shown on the "Mortgage Plot Plan" (the "plan") dated September 6, 1989, prepared by Nantucket Surveyors, Inc., a reduced a copy of which is attached hereto as Exhibit A. The existing primary wood frame dwelling situated on the south side of the Locus currently 2 contains two dwelling units (referred to herein as the "primary structure") and is sited as close as I.:!:. foot from the southerly property line. The existing one-story cottage is situated in the northwesterly corner of the Locus (referred to herein as the" cottage structure"), contains a third dwelling unit and is sited as close as I.:!:. feet from the northerly property line and 2.:!:. feet from the westerly property line, according to the attached plan. There is also a garage situated on the north side of the Locus that the Applicants are proposing to demolish. The total ground cover ratio of all structures on the Locus is currently about 41 % according to the plan. According to the plan, the Locus contains about 4,400 square feet of lot area; with there being no recorded plan of the Locus. Applicants stated that a review of the surrounding Union Street area indicated that lot sizes, placement of dwellings and parking areas was comparable to the Locus. In addition, said review showed that only two lots were conforming as to minimum lot size and most contained ground cover rations far in excess of the maximum allowed for subminimum lots of 30% and 50% for conforming lots in the ROH zoning district. The property was also serviced by town water and sewer and thus there was no other limitation on number of bedrooms on the site. 6. Applicants, through counsel and personal testimony, stated that they purchased the property in 1989 and have lived in the primary structure year-round since then. Applicants represented that when they bought the property the primary structure had been used more like a lodging house with several rooms used as bedrooms. They reduced the intensity of use in the primary structure and maintained the existing cottage structure with little changes. They have rented the apartment located in the primary structure as well as the dwelling unit in the cottage structure located to the rear of the lot. Applicants stated that they needed to undertake a substantial renovation of the historic primary structure and needed to move out of the structure to do so. They wished to remove the garage structure from the property and enlarge and renovate the existing cottage structure to accommodate their family of four in one new unit and upgrade the current one-bedroom unit in the existing structure. The lot would continue to contain three separate dwelling units with there being one in the primary structure and two in the cottage structure, with the relocation of the apartment in the primary structure to the cottage structure, with an increase in number of bedrooms from six to nine. One parking space had historically been provided on site and the Applicants proposed to provide two conforming spaces on the property to help mitigate the parking situation in the neighborhood, as many other properties did not have on site parking and parked on the street. Applicants were asking the Board to define a building envelope and not restrict the design elements as they had not applied to the Nantucket Historic District Commission ("HDC") for approval of the design. Applicants explained that they had felt that going to the Zoning Board of Appeals prior to going to the HDC would be prudent given the costs of architectural plans should the Board alter the proposal or deny the requested relief. 3 7. The Board expressed concerns related to intensity of use, density of structures on the lot, parking, setback intrusions, massing of the proposed cottage structure, and actual size of the lot. In response to such concerns and suggestions of the Board and abutters expressed at the several public hearings on the Application, the Applicants made several changes to their initial submission. At the third public hearing, Applicants presented their proposal to renovate the primary structure into a single-family dwelling with a maximum of four bedrooms. The kitchen would be removed from the apartment space and the one bedroom dwelling unit would be relocated to the cottage structure, maintaining a maximum of the three dwelling units on the site. The southerly portion of the cottage structure would be removed from the site and the remaining nonconforming northerly portion of the cottage structure containing about 160 square feet of ground cover would be relocated to a site so as to conform to the setback requirements. It would then be renovated and expanded in order to maintain the existing unit and accommodate the relocated one-bedroom unit from the primary structure. The expansion and renovation of the cottage structure would result in above ground floors that would be dedicated to one dwelling unit with a maximum of three bedrooms and a separate basement dwelling unit with a maximum of one bedroom. Due to the Applicants' agreement to relocate the remaining portion of the cottage structure, the necessity for relief to expand the cottage structure within the required setback areas is eliminated. The existing garage would be demolished with the expanded cottage structure to be sited substantially on that site, and the Applicants further agree not to expand the footprint of the relocated, renovated and expanded cottage structure beyond a maximum ground cover of 880 square feet and construct the new addition so as to have a maximum ridge height of no more than 25 feet above mean grade, with the remaining portion of the cottage structure to have a maximum ridge height above mean grade of 15 feet. The cottage structure would be conforming as to setback requirements in all respects. The Board finds that these design constraints would ensure that the structures on the site would retain the massing relationship between the primary structure on the Locus, and the expanded and renovated cottage structure and would be in keeping with the neighborhood. 8. Applicants further agreed to restrict the use of the two dwelling units in the cottage structure to year-round occupancy and agreed to the imposition of same as a condition of the grant of special permit relief. The Board expressed that imposing the condition as to year-round occupancy was an important factor in their willingness to grant the requested relief. Applicants represented that although the Locus is grandfathered for one parking space, Applicants would, as a condition of the grant of relief, provide two conforming parking spaces, in the location shown on the Proposed Site Plan, which is Exhibit A as marked up by the Applicants, a reduced copy of which is attached hereto as Exhibit B. 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KENNETH A, GULLICKSEN MARIANNE HANLEY WHITNEY A, GIFFORD READE, GULLICKSEN, HANLEY & GIFFORD, LLP SIX YOUNG'S '\VAY NANTUCKET, MASSACHUSETTS 02554 508-228-3128 FAX: 508-228-5630 MAILING ADDRESS POST OFFICE BOX 2669 NANTUCKET,MASS.02584 STEVEN L, COHEN February 9, 2006 By Hand Catherine Flanagan Stover, Town Clerk Town Building, 16 Broad Street Nantucket, Massachusetts Re: Civil Action No. 06-05 near Mrs. Stover: Enclosed for filing are a copy of the complaint and notice of filing that were filed with the Superior Court on February 9, 7-006 in the above-referenced case, Sincerely, L~~U-L-/ ../UU- Kenneth A. Gullicksen Enclosure CC: Elizabeth B, Sibley Emily Avery ''': \ \\I}1:; \:;ibley~ Liddle \Union \GarrisonZBA \clerkl tr. doc Nantucket, ss, COMMONWEALTH OF MASSACHUSETTS Superior Court Civil Action No, 0/;-'-0 ELIZABETH B, SIBLEY, TRUSTEE OF SIBLEY NOMINEE TRUST Plaintiff, v. DALE W. WAINE, NANCY J. SEVRENS, C. RICHARD LOFTIN, DAVID WILEY and KERIM KOSEATAC, as they are the members of the NANTUCKET BOARD OF APPEALS, and ROBERT 0, GARRISON and, LUCINDA B. GARRISON, Defendants. NOTICE OF FILING You are hereby notified, pursuant to Section 17 of Chapter 40A of the Laws of Massachusetts, that Elizabeth B, Sibley, as Trustee of Sibley Nominee Trust, has filed an appeal of a decision of the Nantucket Board of Appeals dated January 20, 2006 and filed with the Nantucket Town Clerk on January 20, 2006, granting relief by Special Permit to Robert 0, Garrison and Lucinda B. Garrison. Dated: February 9, 2006 Respectfully submitted, Elizabeth B. Sibley as Trustee as aforesaid, Plaintiff By her attorney, ~~~u~-4t'a Kenneth A. Gullicksen BBO# 550765 Reade, Gullicksen, Hanley & Gifford, LLP Post Office Box 2669 Nantucket, MA 02584 Tel. (508) 228-3128 t':\WpS\Sibley-Liddle\Union\GarrisonZBA\Notice.do~ COMMONWEALTH OF MASSACHUSETTS Nantucket, ss, Superior Court Civil Action No, 0"-05 ELIZABETH B, SIBLEY, TRUSTEE OF SIBLEY NOMINEE TRUST Plaintiff, v, DALE W. WAINE, NANCY J. SEVRENS, C. RICHARD LOFTIN, DAVID WILEY and KERIM KOSEATAC, as they are the members of the NANTUCKET BOARD OF APPEALS, and ROBERT D, GARRISON and, LUCINDA B. GARRISON, Defendants, COMPLAINT 1, The plaintiff, Elizabeth B. Sibley, Trustee of Sibley Nominee Trust (Sibley), is the record owner of the property at 9 Union Street, Nantucket, Massachusetts (the Sibley Property) by virtue of a deed recorded with Nantucket Registry of Deeds In Book 556, Page 29, 2. The defendants, Dale W. Waine, Nancy J. Sevrens, C. Richard Loftin, David Wiley and Kerim Koseatac (the "Board of Appeals"), are members (in the instance of Wiley and Koseatac al ternate members) of the Nantucket Board of Appeals, and are all of the members of the Nantucket Board of Appeals who participated in the matter which is the subject of this action; 1 they reside at the following addresses, all situated in Nantucket, Nantucket County, Massachusetts: MEMBER RESIDENTIAL ADDRESS Dale W. Waine 11 Bishops Rise Nancy J, Sevrens 24 Vesper Lane C, Richard Loftin 36 Madaket Road David Wiley 68 Union Street Kerim Koseatac 30 North Water Street 3. The defendants Robert D, Garrison and Lucinda B, Garrison ( collectively Garrison), are individuals who reside at 11 Union Street, Nantucket, Nantucket County, Massachusetts (the Garrison Property). 4, The Sibley Property directly abuts the Garrison Property, 5, The Garrison Property consists of an undersized lot which contains a dwelling which also contains a one bedroom apartment, a separate one bedroom cottage and a garage, 6. Garrison submitted an application to the Board of Appeals proposing to: renovate the main dwelling by converting it into a single family dwelling; demolish the garage; substantially expand the size of the cottage and turn it into a duplex; and expand the ground cover, which already exceeded that permissible for an undersized lot. 7. Sibley appeared at the hearing of the matter, personally and through counsel, and objected to the application 2 on various grounds including that the relief sought exceeded the authority of the Board and the project, if allowed, would be substantially more detrimental to the neighborhood than existing conditions, 8. The Board of Appeals entered a decision dated January 20, 2006, and filed with the Nantucket Town Clerk on January 20, 2006, (a certified copy of which is attached) which subj ect to certain conditions, grants relief by Special Permit to Garrison, as owner of the Garrison Property, as follows: (a) Under Nantucket Zoning By-law (the "By-law" ) ~139-33A, to allow renovation of the primary structure, relocation of the apartment unit from the primary structure to the cottage structure and relocation and expansion of the cottage structure to contain two dwelling units; and (b) Under By-law ~139-33E(2) to allow the increase in ground cover by an additional 880 square feet, 9. The plaintiff is aggrieved by reason of the action of the Board of Appeals in granting said decision, because said decision exceeded the authority of the Board of Appeals, was arbitrary and capricious, was not justified by the facts presented before the Board of Appeals and is inconsistent with the vote taken by the Board, Wherefore, the plaintiff brings this action pursuant to M.G.L., c. 40A, ~17, and By-law ~139-30.G, to appeal from the 3 granting of Special Permit relief to Garrison by the Board of Appeals as set forth above, and requests this Honorable Court to grant the following relief: (a) Determining that the decision of the Board of Appeals, granting Special Permit relief to Garrison in this matter, was not justified by the facts and exceeded the authority of the Board of Appeals; (b) Annulling the decision of the Board of Appeals in this matter; and (c) For such other and further relief as this Court shall deem appropriate, Dated: February 9, 2006 Respectfully submitted, Elizabeth B, Sibley as Trustee as aforesaid, Plaintiff By her attorney, ~->>ti- Kenneth A, Gullicksen BBO# 550765 Reade, Gullicksen, Hanley & Gifford, LLP 6 Young's Way Post Office Box 2669 Nantucket, MA 02584 Tel. (508) 228-3128 Fax (508)228-5630 r~: \WpS\S ibley- Liddle \Union \GarrisonZBA \Complaint. doc 4 TOWN 'OF NANTUCKET BO'ARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: J o.nuoV''1 020, 20C!(P To: Parties in Interest and. Others concerned with the .._,,- .._.._n-"'DeCISIOn-'oT' the BOARD OF APPEALS in the Application of the following: Application No.: Owner/Applicant: _( A)C A, &0- F7. (J~~- OS ~dheY'~ b. G-n.rV1J'~\bv) G-art'"'I'So 1\ dVlci 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. ~ 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 ~139-30I (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 11 Union Street, Nantucket Assessor's Map 42,3,1, Parcel 44 Residential-01d Historic Deed Book 333, Page 129 No plan on record DECISION: 1, At public hearings of the Nantucket Zoning Board of Appeals, opened on Friday, October 14, 2005, continued to November 18, 2005 for further discussion, and concluded on January 6, 2006, at 1:00 P,M., in the Conference Room in the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, the Nantucket Zoning Board of Appeals made the following Decision on the Application (068-05) of ROBERT D. GARRISON AND LUCINDA B. GARRISON, of 11 Union Street, Nantucket, MA 02554, in connection with property known as 11 Union Street, Nantucket, Massachusetts. 2, Applicants are seeking relief by SPEGAL PERMIT under Nantucket Zoning By-law Section 139-33A (alteration/ expansion of pre- existing/nonconforming use/structure). Applicants proposed to alter the nonconforming use of the property, three dwelling units on one lot, by renovating the existing duplex structure in the main building by relocating one unit to the existing cottage and converting that structure into a duplex, thus maintaining three dwelling units. An existing garage structure would be demolished to provide room to expand the cottage. The height of the cottage would increase within the required five-foot setback areas but would come no closer to the lot lines than the existing structure. The new addition, constituting the increase in ground cover, would be conforming as to setbacks, As part of the project the main structure would also be renovated, Applicants are also seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33E(2), As part of the renovation and expansion of the cottage, Applicants are asking to increase the ground cover from about 41 % to no more than 50%, which is allowed by a grant of special permit relief for sub minimum lots in the ROH zoning district, One parking space is currently provided on site, Applicants propose to add a second parking space if possible, The lot is nonconforming as to lot size, with the lot containing about 4,400 square feet of area in a district that requires a minimum lot size of 5,000 square feet; as to ground cover with the lot containing about 41 % ground cover ratio in a district that allows a maximum ground cover for undersized lots of 30%; as to setback, with the main house being sited as close as about one foot from the southerly side yard lot line, and the cottage being sited as close as about one foot from the westerly rear yard lot line and about two feet from the northerly side yard lot line, in a district that requires a minimum side and rear yard setback of five feet; as to parking with the lot having one parking space where there are three required; as to use, with there being three dwelling units on the property, rather than a maximum of two as allowed in this district. The Premises are located at 11 UNION STREET, Assessor's Map 42,3.1, Parcel 44, no plan on record, Deed Book 333, Page 129. The property is zoned Residential-Old Historic, 3, Our Decision is based upon the Application and accompanying materials, affidavits, representations and testimony received at our public hearings, The Planning Board made a negative recommendation. Over the several hearings, an email was received from an abutter immediately to the west in opposition to the height and massing of the originally proposed new cottage; two letters were submitted from the direct abutter to the south and members of the abutter's family appeared on her behalf expressing concerns about the size of the proposed structure, parking and intensity of use, as well as unrelated issues concerning the exact location of the common property line with the Locus and the stability of the rear retaining wall below the embankment; and the direct abutters to the north spoke against the Application, in person and through counsel about concerns related to density of use on the property and negative impact on the traffic situation in the neighborhood. The file also contained a letter from the Applicants in which all of the changes that had been made since the previous two hearings were outlined. The Applicants listed the names and addresses of several nearby abutters that were not opposed to the project, 4. There was an Affidavit in the file from the predecessor-in-title that verified that the property contained three separate dwelling units from a time prior to the 1972 enactment of the Zoning By-law and prior to when the Applicants purchased the property in 1989, The Mfidavit also stated that the structures had been in their present locations prior to 1972. The location of the primary structure and the cottage was also verified by aerial photographs contained in the Town records from 1938 and 1957. Such information was not challenged at the hearing, Having reviewed this information and hearing no contradictory evidence from any source, the Board found that the use of this property for three dwellings was a validly grandfathered, pre-existing, non- conforming use and proceeded with the hearing. 5. Applicants, through counsel and personal testimony, stated that the existing improvements on the property are shown on the "Mortgage Plot Plan" (the "plan") dated September 6,1989, prepared by Nantucket Surveyors, Inc., a reduced a copy of which is attached hereto as Exhibit A. The existing primary wood frame dwelling situated on the south side of the Locus currently contains two dwelling units (referred to herein as the "primary structure") and is sited as close as Ii. foot from the southerly property line. The existing ODe-story cottage is situated in the northwesterly comer of the Locus (referred to herein as the" cottage structure"), contains a third dwelling unit and is sited as close as 1.:!:. 2 feet from the northerly property line and 2.:!:. feet from the westerly property line, according to the attached plan, There is also a garage situated on the north side of the Locus that the Applicants are proposing to demolish. The total ground cover ratio of all structures on the Locus is currently about 41 % according to the plan, According to the plan, the Locus contains about 4,400 square feet of lot area; with there being no recorded plan of the Locus, Applicants stated that a review of the surrounding Union Street area indicated that lot sizes, placement of dwellings and parking areas was comparable to the Locus, In addition, said review showed that only two lots were conforming as to minimum lot size and most contained ground cover rations far in excess of the maximum allowed for subminimum lots of 30% and 50% for conforming lots in the ROH zoning district. The property was also serviced by town water and sewer and thus there was no other limitation on number of bedrooms on the site. 6. Applicants, through counsel and personal testimony, stated that they purchased the property in 1989 and have lived in the primary structure year-round since then. Applicants represented that when they bought the property the primary structure had been used more like a lodging house with several rooms used as bedrooms. They reduced the intensity of use in the primary structure and maintained the existing cottage structure with little changes. They have rented the apartment located in the primary structure as well as the dwelling unit in the cottage structure located to the rear of the lot, Applicants stated that they needed to undertake a substantial renovation of the historic primary structure and needed to move out of the structure to do so, They wished to remove the garage structure from the property and enlarge and renovate the existing cottage structure to accommodate their family of four in one new unit and upgrade the current one-bedroom unit in the existing structure. The lot would continue to contain three separate dwelling units with there being one in the primary structure and two in the cottage structure, with the relocation of the apartment in the primary structure to the cottage structure, with an increase in number of bedrooms from six to nine. One parking space had historically been provided on site and the Applicants proposed to provide two conforming spaces on the property to help mitigate the parking situation in the neighborhood, as many other properties did not have on site parking and parked on the street, Applicants were asking the Board to define a building envelope and not restrict the design elements as they had not applied to the Nantucket Historic District Commission ("HDC") for approval of the design, Applicants explained that they had felt that going to the Zoning Board of Appeals prior to going to the HOC would be prudent given the costs of architectural plans should the Board alter the proposal or deny the requested relief. 7, The Board expressed concerns related to intensity of use, density of structures on the lot, parking, setback intrusions, massing of the proposed cottage structure, and actual size of the lot. In response to such concerns and suggestions of the Board and abutters expressed at the several public hearings on 3 the Application, the Applicants made several changes to their initial submission, At the third public hearing, Applicants presented their proposal to renovate the primary structure into a single-family dwelling with a maximum of four bedrooms. The kitchen would be removed from the apartment space and the one bedroom dwelling unit would be relocated to the cottage structure, maintaining a maximum of the three dwelling units on the site, The southerly portion of the cottage structure would be removed from the site and the remaining nonconforming northerly portion of the cottage structure containing about 160 square feet of ground cover would be relocated to a site so as to conform to the setback requirements. It would then be renovated and expanded in order to accommodate maintain the existing unit and the relocated one-bedroom unit from the primary structure. The expansion and renovation of the cottage structure would result in above ground floors that would be dedicated to one dwelling unit with a maximum of three bedrooms and a separate basement dwelling unit with a maximum of one bedroom. Due to the Applicants agreement to relocate the remaining portion of the cottage structure, the necessity for relief to expand the cottage structure within the required setback areas is thereby eliminated. The existing garage would be demolished with the expanded cottage structure to be sited substantially on that site, and the Applicants further agree not to expand the footprint of the relocated, renovated and expanded cottage structure beyond a maximum ground cover of 880 square feet and construct the new addition so as to have a maximum ridge height of no more than 25 feet above mean grade, with the remaining portion of the cottage structure to have a maximum ridge height above mean grade of 21 feet. The cottage structure would be conforming as to setback requirements in all respects, The Board finds that these design constraints would ensure that the structures on the site would retain the massing relationship between the primary structure on the Locus, and the expanded and renovated cottage structure and would be in keeping with the neighborhood. 8, Applicants further agreed to restrict the use of the two dwelling units in the cottage structure to year-round occupancy and agreed to the imposition of same as a condition of the grant of special permit relief. The Board expressed that imposing the condition as to year-round occupancy was an important factor in their willingness to grant the requested relief, Applicants represented that although the Locus is grandfathered for one parking space, Applicants would provide conforming two parking spaces, in the location shown on the Proposed Site Plan, which is Exhibit A as marked up by the Applicants, a reduced copy of which is attached hereto as Exhibit B. Applicants further agreed to reduce the number of bedrooms contained on the lot from the originally proposed nine to a total of eight, four in the primary structure, one in the basement apartment and three in the other dwelling unit. 9. Based upon the foregoing, the Board finds that there would be a benefit to the neighborhood, as the nonconformity related to the siting of the existing cottage within the required five-foot setback areas would be eliminated; 4 two conforming parking spaces would be created on site; and to further the maintaining of the residential character of the downtown area and supply much- needed year-round housing, a condition would be imposed on the two dwelling units in the cottage structure that would ensure that the units would be restricted to year-round occupancy, In addition, based on the below conditions, the Board also finds that the proposed changes to the primary structure, by removing the third dwelling unit and relocating it to the relocated, renovated and expanded cottage structure, that would then contain two dwelling units, would not be substantially more detrimental to the neighborhood than the validly pre-existing nonconforming uses and improvements, Further the Board finds that the increase in ground cover to allow a cottage structure that would contain a maximum of 880 square feet and increasing the ground cover to less than about 47% from about 41 % would not be substantially more detrimental to the surrounding neighborhood as the area is comprised of similarly sized, if not smaller lots, with ground cover ratios in excess of the allowable of 30% for subminimum lots and a grant of relief would be in keeping with similar relief granted in the neighborhood, 10. The Board of Appeals, by a UNANIMOUS vote, GRANTS the requested relief by SPEGAL PERMIT under Nantucket Zoning By-law Section 139-33A to allow renovation of the primary structure, relocation of the apartment unit from the primary structure to the cottage structure, and relocation and expansion of the cottage structure on the Locus to contain two dwelling units; and under Section 139-33E(2) to allow the increase in ground cover by an additional 880 square feet. Relief is hereby granted based upon the following conditions: (a) The primary structure shall be renovated into a single-family dwelling with not more than four bedrooms, and the kitchen unit shall be removed from the apartment so that the primary structure would contain one kitchen unit; (b) The cottage structure, as relocated, renovated and expanded into a structure containing two dwelling units, shall contain a basement dwelling unit with not more than one bedroom and a separate dwelling unit on the upper floors with not more than three bedrooms and no other rooms in the upper dwelling unit shall qualify as a "bedroom" under the requirements of the Massachusetts State Building Code or the local Town of Nantucket Board of Health Regulations, without further relief from this Board; (c) The cottage structure containing two dwelling units, as relocated, renovated and expanded, shall conform to all setback requirements and shall not exceed 880 square feet of ground cover without further relief from this Board, The remaining relocated about 160 square-foot portion of the original cottage would be retained and shall have a ridge height that does not exceed 21 feet above mean 5 grade, and the addition to the cottage shall have a ridge height that does not exceed 25 feet above mean grade, without further relief from this Board; (d) Two conforming parking spaces shall be provided on the Locus, in substantially the location shown on the proposed site plan are marked up by the Applicants, a reduced copy of which is attached hereto as Exhibit B; and (e) Occupancy of both dwelling units in the cottage structure is restricted to year- round occupancy, without further relief from this Board, 11, In the event the Applicants proceed to demolish some structures on the Premises and renovate one building at a time, the obtaining of a building permit under this Special Permit and the subsequent timely commencement of demolition, construction and/ or renovation of any portion of the project described herein shall constitute enactment of this Special Permit, notwithstanding the issuance of . 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P.O..BOX: 937 -5 'WINDY 'WAY NANnJa<ET, MA 02554 I l\E11jmY cmrnY TO '!HE BEST OF .M'll<NCNlUXGE mAT nm PREMISES SH~ ON 'lltIS PLIIN ARE NJ'r I.OC.A1'F1> WInlIN 'I1lE FlCOD HAZARD ZONE JoS DEL.l1<EAIED. 00''I1lE ''Fm1' I MAP. OF a:M1IJNTI'Y NO. 250230; MASS. EFFECTIVE: 6-3-86 . DY'l1tE FEOOP.AL ~CY ~ AGfll(;{. . . . tl-.245C- .... ... . .~'. "'':. ........ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: J C";[WG"'! 0<0, 20CJ(P To: Parties in Interest and, Others concerned with the -Decision' aT the BOARD OF APPEALS in the Application of the following: Application No.: (j&<g' - 05 Owner/Applicant: ~c)~ert- b, (rn.rlf1l "(hv., dVld Loc ~'nJ2o. ~. G-arrl '.$'o f) 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. , i \ \i '., \ \i .uJ -~..- 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 ~139-30I (SPECIAL PERMITS); fi139-321 (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS, NANTUCKET ZONING BOARD OF APPEALS 1 East Chestnut Street Nantucket, Massachusetts 02554 11 Union Street, Nantucket Assessor's Map 42.3.1, Parcel 44 Residential-Old Historic Deed Book 333, Page 129 No plan on record DECISION: 1. At public hearings of the Nantucket Zoning Board of Appeals, opened on Friday, October 14, 2005, continued to November 18,2005 for further discussion, and concluded on January 6, 2006, at 1:00 P.M., in the Conference Room in the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, the Nantucket Zoning Board of Appeals made the following Decision on the Application (068-05) of ROBERT D. GARRISON AND LUCINDA B. GARRISON, of 11 Union Street, Nantucket, MA 02554, in connection with property known as 11 Union Street, Nantucket, Massachusetts. 2. Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33A (alteration/ expansion of pre- existing/nonconforming use/structure), Applicants proposed to alter the nonconforming use of the property, three dwelling units on one lot, by renovating the existing duplex structure in the main building by relocating one unit to the existing cottage and converting that structure into a duplex, thus maintaining three dwelling units, An existing garage structure would be demolished to provide room to expand the cottage, The height of the cottage would increase within the required five-foot setback areas but would come no closer to the lot lines than the existing structure. The new addition, constituting the increase in ground cover, would be conforming as to setbacks. As part of the project the main structure would also be renovated. Applicants are also seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33E(2). As part of the renovation and expansion of the cottage, Applicants are asking to increase the ground cover from about 41 % to no more than 50%, which is allowed by a grant of special permit relief for sub minimum lots in the ROH zoning district. One parking space is currently provided on site. Applicants propose to add a second parking space if possible. The lot is nonconforming as to lot size, with the lot containing about 4,400 square feet of area in a district that requires a minimum lot size of 5,000 square feet; as to ground cover with the lot containing about 41 % ground cover ratio in a district that allows a maximum ground cover for undersized lots of 30%; as to setback, with the main house being sited as close as about one foot from the southerly side yard lot line, and the cottage being sited as close as about one foot from the westerly rear yard lot line and about two feet from the northerly side yard lot line, in a district that requires a minimum side and rear yard setback of five feet; as to parking with the lot having one parking space where there are three required; as to use, with there being three dwelling units on the property, rather than a maximum of two as allowed in this district. The Premises are located at 11 UNION STREET, Assessor's Map 42.3.1, Parcel 44, no plan on record, Deed Book 333, Page 129. The property is zoned Residential-Old Historic. 3. Our Decision is based upon the Application and accompanying materials, affidavits, representations and testimony received at our public hearings. The Planning Board made a negative recommendation, Over the several hearings, an email was received from an abutter immediately to the west in opposition to the height and massing of the originally proposed new cottage; two letters were submitted from the direct abutter to the south and members of the abutter's family appeared on her behalf expressing concerns about the size of the proposed structure, parking and intensity of use, as well as unrelated issues concerning the exact location of the common property line with the Locus and the stability of the rear retaining wall below the embankment; and the direct abutters to the north spoke against the Application, in person and through counsel about concerns related to density of use on the property and negative impact on the traffic situation in the neighborhood. The file also contained a letter from the Applicants in which all of the changes that had been made since the previous two hearings were outlined. The Applicants listed the names and addresses of several nearby abutters that were not opposed to the project, 4. There was an Affidavit in the file from the predecessor-in-title that verified that the property contained three separate dwelling units from a time prior to the 1972 enactment of the Zoning By-law and prior to when the Applicants purchased the property in 1989. The Affidavit also stated that the structures had been in their present locations prior to 1972, The location of the primary structure and the cottage was also verified by aerial photographs contained in the Town records from 1938 and 1957. Such information was not challenged at the hearing. Having reviewed this information and hearing no contradictory evidence from any source, the Board found that the use of this property for three dwellings was a validly grandfathered, pre-existing, non- conforming use and proceeded with the hearing. 5. Applicants, through counsel and personal testimony, stated that the existing improvements on the property are shown on the "Mortgage Plot Plan" (the "plan") dated September 6, 1989, prepared by Nantucket Surveyors, Inc., a reduced a copy of which is attached hereto as Exhibit A. The existing primary wood frame dwelling situated on the south side of the Locus currently contains two dwelling units (referred to herein as the "primary structure") and is sited as close as 1.:t foot from the southerly property line. The existing one-story cottage is situated in the northwesterly comer of the Locus (referred to herein as the" cottage structure"), contains a third dwelling unit and is sited as close as 1.:t 2 feet from the northerly property line and 22:. feet from the westerly property line, according to the attached plan, There is also a garage situated on the north side of the Locus that the Applicants are proposing to demolish, The total ground cover ratio of all structures on the Locus is currently about 41 % according to the plan. According to the plan, the Locus contains about 4,400 square feet of lot area; with there being no recorded plan of the Locus. Applicants stated that a review of the surrounding Union Street area indicated that lot sizes, placement of dwellings and parking areas was comparable to the Locus. In addition, said review showed that only two lots were conforming as to minimum lot size and most contained ground cover rations far in excess of the maximum allowed for subminimum lots of 30% and 50% for conforming lots in the ROH zoning district. The property was also serviced by town water and sewer and thus there was no other limitation on number of bedrooms on the site. 6. Applicants, through counsel and personal testimony, stated that they purchased the property in 1989 and have lived in the primary structure year-round since then, Applicants represented that when they bought the property the primary structure had been used more like a lodging house with several rooms used as bedrooms. They reduced the intensity of use in the primary structure and maintained the existing cottage structure with little changes, They have rented the apartment located in the primary structure as well as the dwelling unit in the cottage structure located to the rear of the lot. Applicants stated that they needed to undertake a substantial renovation of the historic primary structure and needed to move out of the structure to do so. They wished to remove the garage structure from the property and enlarge and renovate the existing cottage structure to accommodate their family of four in one new unit and upgrade the current one-bedroom unit in the existing structure. The lot would continue to contain three separate dwelling units with there being one in the primary structure and two in the cottage structure, with the relocation of the apartment in the primary structure to the cottage structure, with an increase in number of bedrooms from six to nine, One parking space had historically been provided on site and the Applicants proposed to provide two conforming spaces on the property to help mitigate the parking situation in the neighborhood, as many other properties did not have on site parking and parked on the street, Applicants were asking the Board to define a building envelope and not restrict the design elements as they had not applied to the Nantucket Historic District Commission ("HDC") for approval of the design. Applicants explained that they had felt that going to the Zoning Board of Appeals prior to going to the HOC would be prudent given the costs of architectural plans should the Board alter the proposal or deny the requested relief. 7. The Board expressed concerns related to intensity of use, density of structures on the lot, parking, setback intrusions, massing of the proposed cottage structure, and actual size of the lot. In response to such concerns and suggestions of the Board and abutters expressed at the several public hearings on 3 the Application, the Applicants made several changes to their initial submission. At the third public hearing, Applicants presented their proposal to renovate the primary structure into a single-family dwelling with a maximum of four bedrooms. The kitchen would be removed from the apartment space and the one bedroom dwelling unit would be relocated to the cottage structure, maintaining a maximum of the three dwelling units on the site. The southerly portion of the cottage structure would be removed from the site and the remaining nonconforming northerly portion of the cottage structure containing about 160 square feet of ground cover would be relocated to a site so as to conform to the setback requirements. It would then be renovated and expanded in order to accommodate maintain the existing unit and the relocated one-bedroom unit from the primary structure. The expansion and renovation of the cottage structure would result in above ground floors that would be dedicated to one dwelling unit with a maximum of three bedrooms and a separate basement dwelling unit with a maximum of one bedroom. Due to the Applicants agreement to relocate the remaining portion of the cottage structure, the necessity for relief to expand the cottage structure within the required setback areas is thereby eliminated. The existing garage would be demolished with the expanded cottage structure to be sited substantially on that site, and the Applicants further agree not to expand the footprint of the relocated, renovated and expanded cottage structure beyond a maximum ground cover of 880 square feet and construct the new addition so as to have a maximum ridge height of no more than 25 feet above mean grade, with the remaining portion of the cottage structure to have a maximum ridge height above mean grade of 21 feet. The cottage structure would be conforming as to setback requirements in all respects. The Board finds that these design constraints would ensure that the structures on the site would retain the massing relationship between the primary structure on the Locus, and the expanded and renovated cottage structure and would be in keeping with the neighborhood. 8. Applicants further agreed to restrict the use of the two dwelling units in the cottage structure to year-round occupancy and agreed to the imposition of same as a condition of the grant of special permit relief. The Board expressed that imposing the condition as to year-round occupancy was an important factor in their willingness to grant the requested relief. Applicants represented that although the Locus is grandfathered for one parking space, Applicants would provide conforming two parking spaces, in the location shown on the Proposed Site Plan, which is Exhibit A as marked up by the Applicants, a reduced copy of which is attached hereto as Exhibit B. Applicants further agreed to reduce the number of bedrooms contained on the lot from the originally two conforming parking spaces would be created on site; and to further the maintaining of the residential character of the downtown area and supply much- needed year-round housing, a condition would be imposed on the two dwelling units in the cottage structure that would ensure that the units would be restricted to year-round occupancy, In addition, based on the below conditions, the Board also finds that the proposed changes to the primary structure, by removing the third dwelling unit and relocating it to the relocated, renovated and expanded cottage structure, that would then contain two dwelling units, would not be substantially more detrimental to the neighborhood than the validly pre-existing nonconforming uses and improvements. Further the Board finds that the increase in ground cover to allow a cottage structure that would contain a maximum of 880 square feet and increasing the ground cover to less than about 47% from about 41 % would not be substantially more detrimental to the surrounding neighborhood as the area is comprised of similarly sized, if not smaller lots, with ground cover ratios in excess of the allowable of 30% for subminimum lots and a grant of relief would be in keeping with similar relief granted in the neighborhood. 10. The Board of Appeals, by a UNANIMOUS vote, GRANTS the requested relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33A to allow renovation of the primary structure, relocation of the apartment unit from the primary structure to the cottage structure, and relocation and expansion of the cottage structure on the Locus to contain two dwelling units; and under Section 139-33E(2) to allow the increase in ground cover by an additional 880 square feet. Relief is hereby granted based upon the following conditions: (a) The primary structure shall be renovated into a single-family dwelling with not more than four bedrooms, and the kitchen unit shall be removed from the apartment so that the primary structure would contain one kitchen unit; (b) The cottage structure, as relocated, renovated and expanded into a structure containing two dwelling units, shall contain a basement dwelling unit with not more than one bedroom and a separate dwelling unit on the upper floors with not more than three bedrooms and no other rooms in the upper dwelling unit shall qualify as a "bedroom" under the requirements of the Massachusetts State Building Code or the local Town of Nantucket Board of Health Regulations, without further relief from this Board; (c) The cottage structure containing two dwelling units, as relocated, renovated and expanded, shall conform to all setback requirements and shall not exceed 880 square feet of ground cover without further relief from this Board. The remaining relocated about 160 square-foot portion of the original cottage would be retained and shall have a ridge height that does not exceed 21 feet above mean 5 grade, and the addition to the cottage shall have a ridge height that does not exceed 25 feet above mean grade, without further relief from this Board; (d) Two conforming parking spaces shall be provided on the Locus, in substantially the location shown on the proposed site plan are marked up by the Applicants, a reduced copy of which is attached hereto as Exhibit B; and (e) Occupancy of both dwelling units in the cottage structure is restricted to year- round occupancy, without further relief from this Board. 11. In the event the Applicants proceed to demolish some structures on the Premises and renovate one building at a time, the obtaining of a building permit under this Special Permit and the subsequent timely commencement of demolition, construction and/ or renovation of any portion of the project described herein shall constitute enactment of this Special Permit, notwithstanding the issuance of a Certificatetf ~ ~y structure. Dated: January AQ2006 _ . ~~k~ Dale Waine 6 .~ cn m tJ ill <.0 N I-- C) 0 k ,~ ~ \, tr) M:)RTGAGE PLOr PLAN OF UNO IN NANIUCI.<Irr, MA' DEED REFERENm:B1l Z'71 ';.17<; ~ ~~ ~?'9 ,." PLAN REFERENm: ~o~ l"'"..,n,J, ASSESSOR'S SHEEr AND r.ar NU1BER: 4-2.',/ - 44 ' , PREPARED FOR: e.~.....j Ij. L.uc.ind1l6........;"""'1 SCAlE: I'~ 10' DATE: -';;"f'f.~) IJa<) NANIUCI.<Irr SURVEYORS. me. P.O. BOX 937 -5 WINDY 'WAY NANIUGKET. MA 02554 I HEREBY CEltL'J}Y TO 'lllE BEST Of ,MY l(NCMU:LGE 1lIAT THE PREMISES SHOON 00 1lIIS PLAN ARE NJr LOCATED WI11lIN TIlE FLOOD HAZARD ZOOE AS DELINEATED ON 'TIlE ''FIRM' MAP. OF aMIllNrlY NO. 250230; MASS. EFmCrIVE: 6-3-86 BY TIlE FEDERAL EMERGENCY MANAGE2-lENl' AGENCY , ~ II) Ii '&:' ~ '1\ ~ ~ I\l ~ ,~ ~ 1\ ~1~1 ~~~) ':1'~ ~ "- ::!: 'l.. :3 ~ 42.~.1 - fef /-.IIF .,!;?l/~~g.!I A.;'Jd>..r7 L..s;tlc.:J Sk. 152 ~. 54" . , P!.sn ' BK.no '~Sf' ~..;::r7'1 o.v~-4~ {/ <: ~ity. 0'\ · ,~,;! , f'ncL. 0'\' '1/ ~~, ' '\-. -.. /-;"g J-" ",4....n ,n Plan Be. 23 t;. 6& M.55 -"Ce. GO,' :t'~ ""',...~ G>n~, Dr;va ~/,+", J ~I g ~ "t 'Q 'l! It.. ",>- ='" ~ - -i: { ,'\(\ - .L'rRG4 ,: 44-cO ts:: ~ ~'.-f 'Zh9 ~l ~ '- ~ ~ l!:' "- \) ,tj ~ "~~,~l ~~,'" ~.,,~~ t-41:"'~ "l'U~ ~ '~~.~ ," t "'{ .:r . ~r'IGJ";t 1'1-1'.,l/:: ,4z.3.Z-/~ 4p c.h;vle~ G. f 1<"'./1, Am' ;:'/"n8J;;n ~ 1/7 If 224- All mOdg...,., ~ ~r /.CMSo S(1,f "'''' f I!> . L/"'/6n orl. 4r... ""''7- cleSGr'ipf NOrE: 1lIIS IS A TAPE stJm7EY, NOT TO BE USED ,fOR ESrABLISHING PROPEro.Y LINES. ltEDGES, OR Nif{ PURPOSE 0lliER THAN IT'S ORIGINAL INIEN1'. TIllS Pr..AN WAS DRAWN FOR M:)R1'G!IGe PUlU'OSES ONLY, NOT TO BE RECORDED. NOrE: I HEREBY cmum TIIAT TIlE BUIlDING SllOON ON nus ~ PLAN IS ON TI-IE GROUND fl.') ,.) Sllao/N. , /~ ~ ~ ZAn;NJ - ~;.!mt~1 cPA:/' /;fst.....k .s 11';' L. f ":/:21 sa::o:SF 1\ U,'n.,c:-,..""t."c - 56' ,r"1'W'l1 :5,,1kA:. - ,.; 'Vle Sid. I /"Itdr <$",~j,04:- - 5' , c;r"""c:i c;,v;rr' ,t:Q1/,.. 56 ';/. .4:r;sU'ld...GvlV!-'; ""~ ""c:i-:;;o:>o -sF .36i/. _w."l,_C.,rO<.Vlcl G..c.- 4.f,;7.:t- , /::et:, ICl'/I}e j ~ :. 0" ~ (j ~ L ~ ~ ": E- ,. !i !:l:,; ~R!1" '4 ~ ;'" ~ ~~!. ~!iJ [ :: ;>~oRC: ;! E~ :;. ii-Ii ....;_'n.;., ~"', :' ~ ~ . IJ ~ '0 ~ I ~ Il.l ~ ~, ~ ~ ~.~ 1 ~~ ~ ~n () , ' t u ~ ~ Q ~ i ;( \)'. ........ % 11 UNION STREET Site Plan tJ - 245C- ~< ~"B /I <: ""itlo C1'\ . ",W . Ad, D ,,;;. ~ ~. . r j .'; b' .~ ~ '0 ri ill <.0 D ~ N 1,- c> Q ." k .'-U 01 \, .tr) . ..~ . . ! . ~'" Q) ~ ~. .ll ~. .~ .t tlJ ij ... ~ ~.! 1 ~ .::: ~ S~ . () ~ .' ~ >:-.... .... -:1 .~ 0 llJ ~. I ;( , . ()".. '. ...... .~ 42."./- fef 1-// F 1?i/~~rz.!I A. ~:;J"'dl7 L. sltle:; Bk. 1~2 ~,54: . . PI,." . BJ: ~ ." Sf' MJRTGAGE PIJJr PLAN OF IMID m NANllJa<ET, MA' DEED REFERENCEiBI!1<';' r,.17';~S~~?~:I::7' PLAN REFERENCE: lJo~ ;:;"'".1. ASSESSOR'S SHEEr AND . wr NUMBER: ,f.t.',1 - 4.4 . . . PIlEPARIID FOR:. e..bvor-! ~ L.~r:1dtl6&rr';~ SCAlE:. '".'0' DATE:..;;...f'/.') '7W'J NANlUCKET SURVEYORS, me. P,O. BOX 937 -5'WINDY'WAY NANl'UCI<E'l', MA 02554 I HEREBY CElmFY 'IO THE BEST OF .M'i I<NCMLErGE mAT THE PREMISES SHa-JN CN nrr.s PLAN ARE NO! LOCATED Wl1HIN THE FLOOD HAZARD ZOOE AS DELINEATED OOM ''Fml1' MAP. OF cx:IffJNrl'Y NO. 250230; MASS. EFFECl'IVE: 6-3-86 BY 1HE FEDERAL fIolERGENCY MANAGE2oIEN1' . AGENCY. ./k. ,- (1.4 ~." bo;t;" ~ t(\ ~ ~ lk' I() -~ ~ - ~ ~ N:t J I:> I\: i~'-l1 .... ~ '() ~'-'~ \'l ~4. ) :-l~ J "- 'L ... --.1 ? ,;"*- ~ rr:4",,,,,,;' PI= Be ~J I? 8e. ,M,1<;;.<iCc. ;------'1 '" I I I , I ~ I I , L_, L--1: 'I I L I I I I I 1 I I I I I L____-1 - --1 r: I 3: . L1- I UJ ti: ci . " ZCld"'~t;: O~",OCl . ~::J~~<i~ ~~""~b:il 003:i=>-'" _ _ _ ___g:__~!Q_....l )( w 3<9' '- "'t .. I[' "- <:> !I 0\ ~~.~l I 't 01:\ ..... " ':!- """ ~ ..... ~ \; '<; ~ ~ U'h d ~~"'(\ \" t "( .J ..c :f '1fI ~ ~ ~I .... ~ IlJ ~i ^ Gt i. 6'". ~ ~ G ~. ~ ~ ~ L;. € ~. 5;;; ..;,~. ~'5' ~ "\ L.,.:: ..... i! ':;" g D;'Y;' ~ t~ I g 3. Ii ~ ~ ~;" .... ~ . :l == jfnl.5 F.f'.;; NOTE: I HEl\lIDY am'nY llIAT TIlE BUnmNG S1IONN ON TIITS ~\ PLAN IS ON TIm GROUND liS -' S1lo:m, -:. ~ / 'j "0 z,n;n<J - ...~;.Iu,i~1 au' /,f.5'f_k ~ 011';" LoI ..:/:.. 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G.a- 4'.1,;?::r- lOt- I e -;\-.. rl ~ ....)$ r.-t- '~ 'N ....>< ~ 11 UNION STREET Site Plan tJ -:U5C. 6-89 Form NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET,MA 02554 File NO.~-()~ Assessor's Parcel THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF APPEALS TO 'MAKE A DECISION (or to hold a public hearing or take othe.r act~n) ~~erns the Application of: ~Jn G Y\ ~ l,.:.QlI4 Go yY'1 Y'O (J Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State zoning Act, Chapter 40A of the Massachusetts General LaWs, Applicant(s)/petitioner(s) and the Board of Appeals' 'hereby agree to extend the time limit _ for a public hearing ~on the Applicatron, or ' fo'r a d~cision ~ of the ,Board, or for any other action 'by the Board, (whether such Appl!cation,is an appeal from the decisi?n of an~'a~i~istrativeoff~cial~ petition for 'a SpecIal Perna t, or _for a Var1.ance , or for 'any extension mod1. f1.cat ion or: renewal ther~of) , -" ' -' - "~ to the NEW TIME LIMIT of midnight on F.Q.1Drrn~ VJ Co but not earlier than a time limit set by statut~ or bylaw. The ~pplicant(s), or the attorney _ or a~ent _ for.- Appl1.cant(s) represented to be duly author1.zed to act 1.~ th~s,~atter ~or Ap~licant(s), in executi~9 this Agre~ment wa1ves any r1.ghtsunder the Nantucket zon1.ng Bylaw and the state Zoning Act, as amended, tot&e extent, but only to ,xtent inconsistent with this Agreement. Effec~JJ!-L~!:: Agreement cc: Town Clerk Planning Board Building Commissioner Agreement filed in the office of the Town Clerk: , Il" '6'"L(O r- Date ~ Town Clerk 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 WNING BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, OCTOBER 14, 2005, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: ROBERT D. GARRISON AND LUCINDA B. GARRISON BOARD OF APPEALS FILE NO. 068-05: Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By- law Section 139-33A (alteration/expansion of pre-existing/nonconforming use/structure), Applicants propose to alter the nonconforming use of the property, three dwelling units on one lot, by renovating the existing duplex structure in the main building by relocating one unit to the existing cottage and converting that structure into a duplex, thus maintaining the three dwelling units, An existing garage structure would be demolished to provide room to expand the cottage. The height of the cottage would be increased within the required five-foot setback areas but would come no closer to the lot lines than the existing structure, The new addition, constituting the increase in ground cover, would be conforming as to setbacks. As part of the project the main structure would also be renovated. Applicants are also seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33E(2). As part of the renovation and expansion of the cottage, Applicants are asking to increase the ground cover from about 41 % to no more than 50%, which is allowed by a grant of special permit relief for subminimum lots in the ROH zoning district. One parking space is currently provided on site, Applicants propose to add a second parking space if possible. The lot is nonconforming as to lot size, with the lot containing about 4,400 square feet of area in a district that requires a minimum lot size of 5,000 square feet; as to ground cover with the lot containing about 41% ground cover ratio in a district that allows a maximum ground cover for undersized lots of 30%; as to setback, with the main house being sited as close as about one foot from the southerly side yard lot line, and the cottage being sited as close as about one foot from the westerly rear yard lot line and about two feet from the northerly side yard lot line, in a district that requires a minimum side and rear yard setback of five feet; as to parking with the lot having one parking space where there are required; and as to use, with there being three dwelling units on the property, rather than a maximum of two as allowed in this district. The Premises is located at 11 UNION STREET, Assessor's Map 42.3,1, Parcel 44, no plan on record, Deed Ref. Plan Boo 333, Page 129'rThKfroperty is zoned Residential-Old-Historic. ~ 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. ~~ FEE: $300.00 APPLICATION FOR RELIEF Owner's name(s): Robert D. Garrison and Lucinda B, Garrison Mailing address: 11 Union Street, Nantucket, Massachusetts 02554 Applicant's name(s): same Mailing address: same Locus address: 11 Union Street Assessor's Map 42.3.1, Parcel 44 Land Court Plan/Plan Book & Page: Deed Book 333, Page 129 Lot: deed only Date lot acquired: 10/16/1989 Deed Ref: Deed Book 333, Page 129 Zoning District: ROH Uses on Lot - Commercial: None~ Yes (describe) Residential: Number of dwellings~ Duplex-L- Apartments_Rental Rooms_ Building Date(s): All pre-date 7/72? Yes C ofO(s)? n/a Building Permit No: 7315-90 interior renovation; 13413-96 insulation; 242-03 repair fire dama2e Previous Zoning Board Application Nos.: none State below or on a separate addendum specific relief sought (Special Permit, V ariance, App~l), Section of the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing no~onformities: r ',~ r..) See Attached -" -j , , , ';'1 I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. Robert D, Garrison nd Lucinda B. Garrison, by their attorney Emily Avery SIGNATURE: Applicant Attorney/Agent X (If not owner or ow rney, ase enclose proof of agency to bring this matter before the Board) FOR z;II, FFIC SE F ______ Application received on::])!?t 0 rn; {}J # omplete: ~ Need copies?: , Filed with Town Clerk:-=:r~jO~3RBin.g Boartl:=:::?~.)-J- Building Dept.:_/_~~ cJ Fee deposited with Town Treasnrer::lJ ~c:;; - ~ aiver req~ested?: Granted: --! _1_ Hearing notice posted with Town Clerk: tV iJ ~ailed:5t./bl cJ~M:!lj22tcr& )4 (a~ Hearing(s) held on:_/_/_ Opened on:_/_/_ Continued to:_/~_ Withdrawn?:_/_/_ DECISION DUE BY:_/_/_ Made:_/_/_ Filed wffown Clerk:_/_/_ Mailed: / / --- DECISION APPEALED?:_/_/_ SUPERIOR COURT: LAND COURT Form 4/03/03 ADDENDUM TO APPLICATION Applicants are seeking a Special Permit under Nantucket Zoning By-Law Section 139-33 (alteration/ expansion of pre-existing non-conforming structures/ uses). Applicants' property is a pre-existing, nonconforming lot in the ROH District, having approximately 4,400 square feet of area where a minimum of 5,000 square feet is required. The property is conforming as to frontage, having approximately 82 feet of frontage where a minimum of 50 feet is required. There are three structures on the property; a duplex, cottage, and garage. All structures are conforming as to front yard setback, being located as close as 5 feet from Union Street where there is no front yard setback requirement. The duplex is pre-existing, nonconforming as to side yard setback, being located approximately 1 foot from the southerly side yard setback. The cottage is pre- existing, nonconforming as to side and rear yard setbacks, being located as close as 1 foot from the rear yard setback and as close as 2 feet from the northerly side yard setback. The structures are pre-existing, nonconforming as to ground cover, having a total of approximately 41 % ground cover where 30% is the maximum ground cover for lots with area less than 5,000 square feet. The structures on the property are pre-existing, nonconforming as to use, with three dwellings on the lot begun before 1972. Applicants propose to renovate the duplex to a single-family residence, demolish the garage, and renovate and expand the cottage to a duplex, thereby retaining three dwelling units on the property. Applicants seek Special Permit relief under Section 139-33(A)(5) to increase the height of the cottage in the rear and side yard setback (the addition to the cottage will otherwise comply with minimum setback requirements) and to renovate the main dwelling located within 1 foot of the southerly property line, and Section 139-33_ and (E)(2) to increase the ground cover ratio to no more than 50% which is the maximum allowed for conforming lots in the ROH zoning district. Although the property is pre-existing nonconforming as to parking, having one parking space, Applicants propose to add a second parking space so as to provide two ~ parking spaces on the property. The property is located at 11 Union Street, Tax Assessor's Map 42.3.1, Parcel 44. The property is zoned Residential Old Historic. f A~ .,9,.' --- -- 11 UNION STREET Locus Map &' , 1o~' \. 10' · <E, lb' \'lJ o'/. 14 ,# 3:r.: ?~ BOO~ '--1 J PAGE >_ l,l AFFIDAVIT WE, MARILYN I.GAROFALO and GAETANO GAROFALO of Boca Raton, Florida on oath depose and say: 1. We are familiar with the property known and numbered as 11 Union Street, Nantucket, MA. 2. The buildings and structures that are now on the property were so located from before 1972 and have been in the same location, to date. 3. There are three (3) dwelling units at II Union Street which have been in existence prior to 1972 and in continuous use to date. WITNESS our hands and seals this 230 day of Octo~er, 1989. STATE OF FLORIDA County of 4.; In Sc-i) ,ss October 4 1989 Then personally appeared the above-named MARILYN I. GAROFALO and acknowledged the foregoing instrument to be her free act and deed, before me. /~~ Notary Public HANfu6K€T c6UNTV Rttctoived and Entered NOV 0 9 198~_~ jfil!t:~ Attest )t!P- Register My Conunission expires: ^ NOTARY PUBLIC ST~TE ~~ ~~c~~~; ~. / ~ / // /~,7~-:-- I / ,/ O " ,',' / / .~ ' -' / .' / ' " / // //X<>/" "// /./;':>,. /</>/ /' // //'i// /' // / ./ // / / .'./ / / / / ?X/ /. ///'i./ ~/ />/ /0/ //..>/ ~ // // ./ /// ///..'~' //,/ ,/ ,/,., /' , / ./ ~ .//~/~///~//. //'~/ /"'/~;<<<'/ //)%.", "//./ ~ , / \. /';;;; "/~/ " / /~,.-' /./ (' ~ .// /,'/ / '/f'(/ ,",' ,/"'/ ///~/ " ~/~/ / / ,...\-oJ/ ,.,.' /~/ / /~,. 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'l ,~ .~ "- ~ "- N ~ .~ ~. ~ i .8"''\....., . ~.~ ~'~ .~~..~.~. . 4: '{. ~ ~ , e ';~'t<~ , -q: ~ "- J ~ :3' .J, I .' .~. 0"\ .... ~:' 0'\ '.\t\ ~ ~ t "'l~.~~ ~.'t.. 'f. .." '" 'l'(\':..~ .... ~ ( "'"'. 3 "'-t-U~ t3 '~ ~"'\\ ~ t. ..(1... . '- ~ '" .. ij <# !~ 42.~.1 -Iof /-.II F l;!1.I:S:>a.// A. rf;JcfJc:lnL. s/t/e.::J Sk, 1~2 19. 54." " P/.an '8~ ~ 'l7.Be -. '3"7"OtV &- -4 ~r;;;'y II ~ 6r;K~ ,/ q,; {hcl.. '" ' (/'\' t-J' v.~ r 1 ,'1 Ii (J"\ '1t /.;ne;;]~ ~4,,'rn I;' P/<3J1 Be. 23 " Be. 4.6,5'5 kCC. ." ... ffl(;f' bQ.~ t: l[) Q') ill <..0 N \..-- r -J ;=j '0 w".c ~c."" ~ .\'/ ~ ftI i,.I 'llQ ~ ~ ' Con~ . Onva ~ k ."li ~. 0.t \", V), ..(' ~. '\{\ ~ ';; .... ' ~ ~ " ~ -l-, ~ ~. lU ~ It. "1...)... ~ '::1 -(t I ' ~. I . l!) ~ ...J \l en .~ " ....' ~ .\j ~ ~,) .t' ~ -- " ?! :) ~ . ; () ~ ' ... \) ~ ~ ..... 1- -...J \) .~ OJ 0 ~, , , I , I ~. ~. . \J"" ""-. ,~ '-ARG4 :.44oo1:.5{: J g ~ .-- ..~'t'If Ih9 v)~ ~~ .'+ '" 1-- 0 - --')0 11 UNION STREET Site Plan . . ~ ~~ ~i ~... ~ ~~. ~~ ~; '", $., ~." ~,;,.~,~;' .~ -, e, ''t ", a..~, ~ ,,"'. ~ ;h ~ f.l~:)~\ ~ 1':. ~ ~r;.. " ;0:1 ;s ~ /ill,"'" ""' ~ tlm!" "J J g. 'a ~'l" ~""'.'; ~. 5. ~ ~~_~ t_l!f ~. ~\ ~i ~:t,~," '""'~ '1"4- ;,,, .., t:: :to S. ~ ;j ~.Cl.{~ MJRrGAGE PLCJr PLAN OF LAND m NANIUQ<ET MA' , DEED REFERENCE:Bll 2.t; I r~, .17~ ~ J3~.:~'5',~ : I::J'. '.'~ .n';, PLAN REFERENCE: !-lone F~r1J,. - ASSESSOR'S SHEET AND wr NUMBER.: 4-t.~.1 - M PREPARED FOR: e:,~....J ~ LUGir1dt36.srr;~ . SCAlE: I" ,,/0 DATK:~f=.Pr.--~) 17w:) NANTUCKET SURVEYORS, INC. P.O. BOX 937 -5'WINDY'WAY NANrUCKET, MA 02554 NOTE: I HEREBY CERl'IFY THAT TIIE BUILDING Sna.1N ON THIS ~.J PLAN IS ON 'TIiE GROUND AS ... SHCX~. . /~ j ~ ZAn;nt/ - ..(.~;~i,;/ c;,t/ /O$1'c?r,.'c' ~ A(,;,t.1 .:s:UI .;$ct:lO 'SF 1\ ,M,'". ~l"OI7rv"c. 56' ,.r-r.nr :rql~ . N.....,~ .Side I ~ t:51C~/.fIC/;:.. - 5' . c;rot.N)c:/ a.vo:r ~f/~' '64 /! "6r.tJu~cLCOvfU'~';. ~~ vncler 5c:oo SF 3o.;t _~~.t,~,.C.,r(>(jndGIlftV'4.f.;;: :r P.& .1r::J~ I HElmBY CEKrIFY TO THE BEST OF MY' KNcw..EI:GE 11IAT THE PREMISES SH<H1N ON THIS PLAN ARE NOT :r.oc.ATED WITHIN THE FLOOD HAZARD ZONE AS DELINEATED 'ON'THE "FIm-t' MAP, OF CCM1lJNlTY NO. 250230; MASS. EFFEctIVE: 6-3-86" BY THE FEDERAL El1ERGENCY MANAGEMENT AGENCY . ,J -.245G. ~."""':~:'.'":~ =.~~ '\ ":.' . ."1 " . ',.1 , , ., . .'j '. .... i ! ", 'j " ..1": , ;\',. . " . . \":' " "j .:',"; ,...;1 ,. , :. ..~. ,; .'h;..h oM . , IJ /3,dO Town of Nantucket RECEIVED BOARD OF ASSE~SORS JUL 0 5 2005 . TOWN OF NANTUCKET, MA ZONING BOARD OF APPEALS LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF PROPERTY OWNER..~~,. .~. ...tALC< J:J.PA... ,~.~~,,J MAIUNG ADDRESS....... .IL ..u..J.!.\ .O.N....~........................ PROPERTY LOCATION.... .le.. .l.J.JJ.\Q.N.,... .~...................... ASSESSORS MAP/PARCEL......-4.~.~. ~.L.I... oJ-.... .4.4:......................... A P P LI C A NT. . . ..Sl\M .e. .. . .. . . . C4 0. .. .. 'f. 4I:t.~ .tK.- . f:,J.JY?. . Avef!.-Y U1' -, I ~ (2-00$ SEE ATTACHED PAGES I certi fy 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 139-29D (2) Jt:7II,H2~~'[ /J.. 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