HomeMy WebLinkAbout079-05
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: 1>.Qce~loecr 2.- ' 200S
To: Parties in Interest and Others concerned with the
-15ecrslon6i the BOARD OF APPEALS in the Application of the
following:
Application No.: 079- os
Owner/Applicant :--16 t \rlllyirQ C" P /'e i-'rR ~cA.-
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 Decision must be given
to the Town Clerk so as to be received within such TWENTY
( 20) days. r-------..
I
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.
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS, 02554
Map 54.4.1, Parcels 52.1, 52.2
Residential Old Historic
42 York Street
Book of Plans 19, Page 25
Deed Book 723, Page 283
At a Public Hearing of the Nantucket Zoning Board of
Appeals held at 1:00 p.m. on Friday, November 18, 2005, in the
Conference Room, Town Building Annex, 37 Washington Street,
Nantucket, Massachusetts on the Application of RICHARD C.
P IETRAFE SA , of 104 Wendell Terrace, Syracuse, New York 13203,
Board of Appeals File No. 079-05, the Board made the following
DECISION:
1. Applicant is seeking relief by SPECIAL PERMIT under
Nantucket Zoning By-law Section 139-33A (alteration/expansion of
pre-existing/nonconforming use/structure). Applicant proposes
to alter the nonconforming scalar separation between the primary
and secondary dwellings by constructing an addition onto the
main house as part of an overall renovation. The two dwellings
are currently sited as close together as about 6.2 feet with the
requirement for the scalar separation being a minimum of 12
feet. The new addition would be sited no closer than about 8.3
feet from the secondary dwelling but would be conforming as to
setback and ground cover requirements. Both structures are said
to pre-date the scalar separation requirement contained in the
Zoning By-law. Other than the above non-conformity, the lot and
structures contained therein are conforming in all respects to
the requirements of the Zoning By-law with the exception of the
side yard setback of the secondary dwelling, which is sited as
close as about 4.5 feet from the easterly side yard lot line in
a district that requires a minimum side yard setback of five
feet. In addition, the Applicant is seeking relief by Special
Permit under Section 139-33A(8) to validate a 1977 cross
conveyance of equal parcels of about 143 square feet between the
immediate abutter to the west (shown as 44 York Street)and the
locus to cure a side yard setback violation of the house, that
did not increase or create any new nonconformities.
The Premises are located at 42 YORK STREET, Assessor's Map
55.4.1, Parcels 52.1 and 52.2; Plan Book 19, Page 25 The
property is zoned Residential-aId-Historic.
2. The Decision is based upon the Application and materials
submitted with it, and the testimony and evidence presented at
the hearing. The Planning Board made no recommendation, as
there were no issues of planning concern. There was no
opposition to the Application at the hearing and no letters on
file.
3. Applicant, through counsel, represented that the locus was
improved by a one and one-half story wood frame primary dwelling
and a one and one-half story secondary dwelling and an accessory
shed. As currently situated, the primary and secondary
dwellings were located at their closest points, approximately
6.2 feet apart. Although the Zoning By-law Section 139-7(2) (b)
required that a primary and secondary dwelling have a minimum of
a 12-foot scalar separation, this requirement did not come into
existence until an amendment was made by a vote at the Annual
Town Meeting to the Zoning By-law in 1979. Based on the plan
prepared by Josiah Barrett (the ~Barrett Plan") dated May 14,
1977 and approved by the Planning Board on July 18, 1977, a
reduced copy of which is attached hereto as Exhibit A, the
primary and secondary dwellings have existed in their current
locations since at least 1977, prior to the imposition of the
12-foot scalar separation requirement. A more recent survey plan
done by Jeffrey Blackwell, dated August 10, 2001, was submitted
indicating the current status of the lot, a reduced copy of
which is attached hereto as Exhibit B. In addition, the side
yard setback requirement in 1977 was three feet, thus the side
yard setback intrusion of the cottage was grandfathered. The
records in the Building Department file indicated that the
structures on the lot predated the imposition of zoning in 1972.
The Applicant proposed to construct an addition to the primary
dwelling on the easterly side that would be approximately 8.3
feet from the secondary dwelling, not decreasing the scalar
separation between the two structures. Applicant presented a
floor plan, done by the Applicant's designer Milton C. Rowland,
which showed the addition footprint and distances between the
two structures, with said floor plan being attached as Exhibit
C. The floor plan also indicated that an existing door and entry
stair, that was located on the easterly side of the structure,
would be moved in a northerly direction to accommodate the new
addition, but would be outside of the about 6.2-foot radius as
shown on the floor plan. Although this addition would be sited
within the required 12-foot scalar separation area, it would be
still less nonconforming than the condition that currently
existed at the property and would be conforming in all other
respects to the dimensional requirements of the Zoning By-law.
The addition had been approved by the Historic District
Commission in Certificate of Appropriateness No.47,021 (with a
minor fenestration revision in No.47,021).
5. Applicant represented that he was also seeking relief by
Special Permit in order to validate a reconfiguration of the lot
lines that was the result of a 1977 cross-conveyance of equal
parcels that contained about 143 square feet of area with the
immediate abutter to the west and approved by the Planning Board
as shown upon Exhibit A. The respective parcels were combined
with the each lot with the result that the westerly side yard
setback intrusion of the primary dwelling was cured and the
easterly side yard setback intrusions of the dwelling upon the
abutting lot were cured. No new nonconformities were created and
no existing nonconformities were increased. Such
reconfigurations of lot lines are allowed by special permit
under the Zoning By-law.
6. Therefore, based upon the foregoing, the Board finds that
allowing the Applicant to construct the addition as proposed
approximately 8.3 feet from the secondary dwelling would not be
substantially more detrimental to the neighborhood than the
current nonconforming nature of the structures, especially as
the addition would be conforming in all other respects and be
sited no closer than the existing structure (including the
northerly move of the existing side door and steps that would
remain outside of the about 6.2 radius from the cottage). In
addition, the Board finds that the 1977 reconfiguration of the
lot lines was substantially more detrimental to the neighborhood
than the existing nonconforming situation as it did not create
any new nonconformity nor did it increase the existing
nonconformity.
7. Accordingly, by a vote of four in favor (Waine, O'Mara,
Loftin, Toole) and one opposed (Sevrens), the Board GRANTS the
requested SPECIAL PERMIT under Nantucket Zoning By-law Section
139-33A allowing the construction of an addition to the primary
dwelling that is approximately 8.3 feet from the secondary
dwelling and GRANTS a Special Permit under Section 139-33A(8)
validating the 1977 reconfiguration of the lot based upon the
following conditions:
1. There shall be no expansion of either structure
allowed within the required 12-foot scalar separation
area without further relief from this Board;
2. The addition shall be done in substantial conformance
with the plans approved by the Historic District
Commission in the Certificate of Appropriateness No.
47,021 (with a minor fenestration revision in
No.47,021), as may be amended from time to time; and
3. The addition shall be done in substantial conformance
with the floor plan in Exhibit C.
(BOA File No. 079-05)
Dated:
December ~ , 2005
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no Tax Uop: 55.4.1-52.1.52.2 Locus: '42 YORK ST.
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Nantucket. Massachusetts 02554
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will
be held at 1:00 P.M., FRIDAY, NOVEMBER 4, 2005, IN THE CONFERENCE
ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket,
Massachusetts, on the Application of the following:
RICHARD C. PIETRAFESA, JR.
BOARD OF APPEALS FILE NO. 079-05
Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-
law Section 139-33A (alteration/expansion of pre-existing/nonconforming use/structure).
Applicant proposes to alter the nonconforming scalar separation between the primary and
secondary dwellings by constructing an addition onto the main house as part of an overall
renovation. The two dwellings are currently sited as close together as about 6.2 with the
requirement for the scalar separation being a minimum of 12 feet. The new addition
would be sited no closer than about 8.3 feet from the secondary dwelling but would be
conforming as to setback and ground cover requirements. Both structures are said to
predate the 1972 enactment of the Zoning By-law and pre-date the scalar separation
requirement. Other than the above nonconformity, the lot and structures contained therein
are conforming in all respects to the requirements of the Zoning By-law with the
exception of the side yard setback of the secondary dwelling, which is sited as close as
about 4.5 feet from the easterly side yard lot line in a district that requires a minimum
side yard setback of five feet.
____u_ The Premises islo~~~d at 42 YORK STRE~~Assessor's_~...ill> 55.4.L.~w~1~____
52.1 and 52.2, Plan Book 19, Page 25. Th~~operty is zoned Residential-Old-Historic.
b 1 r\ '\
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Dale Waine, Chairman
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554.
r-j
PHONE 508-228-7215 ,-;"
FAX 508-228-7205
NOTICE
.J
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A Public Hearing of the NANTUCKET ZONING BOARD OF APPEAL-S will
be held at 1:00 P.M., FRIDAY, NOVEMBER 4, 2005, IN THE CONFERENCE
ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket,
Massachusetts, on the Application of the following:
RICHARD C. PIETRAFESA, JR.
BOARD OF APPEALS FILE NO. 079-05
Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-
law Section 139-33A (alteration/expansion of pre-existing/nonconforming use/structure).
Applicant proposes to alter the nonconforming scalar separation between the primary and
secondary dwellings by constructing an addition onto the main house as part of an overall
renovation. The two dwellings are currently sited as close together as about 6.2 with the
requirement for the scalar separation being a minimum of 12 feet. The new addition
would be sited no closer than about 8.3 feet from the secondary dwelling but would be
conforming as to setback and ground cover requirements. Both structures are said to
predate the 1972 enactment of the Zoning By-law and pre-date the scalar separation
requirement. Other than the above nonconformity, the lot and structures contained therein
are conforming in all respects to the requirements of the Zoning By-law with the
exception of the side yard setback of the secondary dwelling, which is sited as close as
about 4.5 feet from the easterly side yard lot line in a district that requires a minimum
side yard setback of five feet. In addition, the Applicant is seeking relief by SPECIAL
PERMIT under Section 139-33A(8) to validate a 1999 cross conveyance of equal parcels
between the immediate abutter to the east (shown as 44 York Street) to cure a side yard
setback violation of the house, that did not increase or create any new nonconformities.
The Premises is located at 42 YORK STREET, Assessor's Map 55.4.1, Parcels
52.1 and 52.2, Plan Book 19, Page 25. ThJ;!Operty is.zoned Residential-Old-Historic.
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Dale Walfie, 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.61i ,oj
FEE: $300.00
APPLICATION FOR RELIEF
Owner's name(s): Richard C. Pietrafesa. Jr.
Mailing address: 104 Wendell Terrace. Syracuse, New York 13203
Applicant's name(s): Same
Mailing address: ~
Locus address: 42 York Street, Nantucket, MA 02554 Assessor's Map/Parcel: 55.4.1152.1,52.2
Book of Plans 19, Page 25
Date lot acquired:_ll/19/01 Deed Ref.lCert. of Title: Book 723, Page 283 Zoning District: ROH
Uses on Lot - Commercial: None X Yes (describe)
Residential: Number of dwellings-L- Duplex
Building Date(s): All pre-date 7/72? Yes or
Apartments Rental Rooms
C of O(s)?
Building Permit Nos:
Previous Zoning Board Application Nos.:
State below or on a separate addendum specific relief sought (Special Permit, Variance, ~peal), Section of
the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities:
-'
SEE ADDENDUM ATTACHED HERETO
I certify that the informa~~ c~t 'ned herein is substantially complete and true to the best of my
; I ,'.,
knowledge, under the pain~<.n ,.nalties of perjury.
SIGNATURE: (~ Applicant Attorney/Agent .x
(If not owner or owner's attorney, please enclose p of of agency to bring this -atter before the Board)
7' FO ZBA FFICE USE '
Application received on:JQJ~~ By: Complete: Need copies?:--1
Filed with Town Clerk:jQ/l~lann' . uilding Dept.:_/~ w,,: ~
Fee deposited with Town Treasurer:-m/~/~BY: aiver requested?: Granted:_/_/_
Hearing notice posted with Town Clerk:1QJ1t.c2f Mailed: (6/.fl/ail&M: {fJ/ZfJ}/ cf.f&(Q../27/eJr
Hearing(s) held on:_/_/_ Opened on:_/_/_ Continued to:_/_/_ Withdrawn?:_/_/_
DECISION DUE BY:_/_/_ Made:_/_/_ Filed w/Town Clerk:_/_/_ Mailed:_/_/_
DECISION APPEALED?: / /
SUPERIOR COURT:
LAND COURT
Form 4/03/03
Addendum
Nantucket Zoning Board of Appeals Application
42 York Street
The locus is located in the ROH zoning district under the
Nantucket Zoning By-law (the ~By-law") and, since a time prior
to 1972, has been improved by the existing one and one half
story main dwelling and a one and one-half story secondary
dwelling as well as a storage shed. The locus conforms to all
requirements of the ROH zoning district, including total square
footage of 11,265 where 5,000 is required and having frontage on
York Street of 78.12 feet where 50 feet are required. The
structures on the locus have a total ground cover of about 19.4%
or 2, 181.8 square feet in a zoning district that allows ground
cover of 50% for conforming lots. The existing structures on
the locus conforms to all requirements of the By-law, including
front, rear, and side yard setback with the exception of the
side yard setback of the second dwelling which is 4.5 feet at
its closest point and the separation between main house and the
secondary dwelling which is approximately 6.2 feet at its
closest point when the By-law requires that the separation be 12
feet.
The Applicant proposes to renovate the existing main house
to add a small dining room addition. The dining room addition
would not conform to the required 12 foot scalar separation
required under Section 139-7 A(2) (b) as it would be 8.3 feet at
its closes point from the second dwelling. As discussed above,
the main house has, since a time prior to zoning, been located
6.2 feet from the secondary dwelling. The proposed addition
would not be any closer than what has existed at the property
since a time prior to 1972. In connection with this renovation,
the Applicant seeks relief by special permit under By-law 5139-
33.A to alter the pre-existing, nonconforming structure.
Oct OS 05 02:5Sp
508-228-2082
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Oct 06 05 02:55p
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LISTOF PARTIES 'IN INTEREST IN THE MATIER OF THE PETITION OF-
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PROPERTY O\VNER......... :-r-.-.-.. J~.\....<...... ......... ''''.'-rl\J'\'L\e.~..
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MALLIN 0 ~DDRESS... h.. ..S'~.. .l'\Ja.:kJ:.:~frlu.+ .. .N01\-:kJcl~!.J cBss4
PROPERTY LOCATION... .02... .Y.o.r..K... S.tcee t...................
'ASSESSORSMAPIPARCEL.. .SSW .1.. .j/i .k.:~.i..........................
APPLICANT....... .1t.ll.5G'D...~ t... Z.i.~.........................
SEE ATTACHED PAGES
I certify that the foregoing is a list of persons w~o are ownerS of abutting property, owners o.r
land directly opposite on any public or private street or way; and abuttex:s of the abutters and all
other land owners within 300 feet ofth~ property lirie of owner's property, all as they appear?n
the mO$t recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139.
Section 139.29D (2) .
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ASSESSOR'S OFFICE
Town of Nantucket
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