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HomeMy WebLinkAbout068-02TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date : ~~~~~'r~,+ `~-3~ 2002 To: Parties Decision of following: in Interest and. Others concerned with the the BOARD OF APPEALS in the Application of the Application No.: L/~.r~g~c~/~ Owner/Applicant: 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 complaint and certified copy of the Decision must be given o to the Town Clerk so as to be received within such TWENTY tv :~ -t -- (20) days. o= o P" r . , ~ --~ ~Qh~ .~ V Chairman N .-_~' rn 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, MA 02554 Assessor's Map 87 4 Cononicus Street Parcels 125/126 Land Court Plan 8927-A, Lots 14 and 15 R-2 Certificate of Title No. 20326 Deed Book 759, Page 174 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, October 18, 2002, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of THOMAS HARTY and HOLLY HARTY, Property Owner, c/o Glidden and Glidden, P.C., 37 Centre Street, Nantucket, Massachusetts 02554, Board of Appeals File No. 068-02, the Board made the following Decision: 1. Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By Law Section 139-33A (alteration/extension of apre-existing nonconforming structure/use). In addition/in the alternative, Applicants are seeking relief by VARIANCE under Nantucket Zoning By-law Section 139-16A to complete the project as proposed. Applicant proposes to remove that portion of an existing garage structure that lies over the northeasterly side yard lot line in the layout of Atlantic Avenue, and create a new about three-foot setback distance, reducing the ground cover from about 629 square feet to about 518 square feet. Applicants also propose to maintain the existing one-car garage space on the first floor while raising the roof ridge height from about 18 feet to about 22 feet to allow for studio space on the first and second floors. In addition, Applicants are proposing to remove that portion of the single-family dwelling that lies over the southerly side yard lot line, and create a new about 1.6-foot setback distance, reducing the ground cover from about 1,458 to about 1,385 square feet. Applicants wish to reallocate the removed ground cover by constructing two small additions of about 50 square-feet and about 33 square-feet onto the westerly side of the main house, without coming any closer to that lot line than the existing structure, and an about 89 square-foot addition onto the easterly side of said structure, that would result in an overall ground cover reduction on the Lot from about 2087 square feet to about 2075 square feet. An existing front porch along Cononicus Street that lies within the 30-foot front yard setback area would be removed, reducing the front yard setback from about 9.4 feet at the dwellings closest point to about 13.7 feet. Overall, there would be a reduction in the nonconforming side yard setback distances as well as the ground cover ratio. The Locus is nonconforming as lot size with the Locus containing about 8,606 square feet of area, in a district that requires a minimum lot size of 20,000 square feet; as to ground cover ratio, with the Lot containing about 2,087 square feet in a district that allows a maximum of 1,500 for undersized lots; as to front yard setback with the garage structure being sited as close as about 8.8 feet and the single-family dwelling being sited as close as about 9.4 feet, from the front yard lot line along Cononicus Street, in a district that requires a minimum front yard setback of 30 feet; and as to side yard setbacks with the garage being sited over the northeasterly side yard lot line and with the main structure being sited over the southerly side yard lot line, in a district that requires a minimum side yard setback of ten feet. 2. 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, the Planning Board having determined that the subject Application presented no issues of planning concern. There was one neighbor who appeared at the hearing and spoke in favor of the Application. 3. As presented by the Applicants' representatives at the public hearing, the Locus, an irregular trapezoidal shape, consists of two adjacent parcels, one registered and the other unregistered, which have been in common ownership since a time prior to the July, 1972, initial effective date of the Nantucket Zoning By-law. Asingle-family dwelling and a garage, each of which the Applicants representatives documented to pre-exist the effective date of the By-law by being constructed in the 1950's, are situated upon the Locus, but each of these structures encroach without benefit of easement upon adjacent properties not in common ownership with the Locus. These encroaching structures are nonconforming as to the required minimum side yard setback of 10 feet. The total ground cover upon the Locus, which is currently about 2087 square feet (or about 24%), entirely accounted for by these pre-existing, nonconforming structures, exceeds the maximum ground cover allowed upon the Locus, which is 1,500 square feet, or 12.5%, whichever is greater, for this lot of record containing over 5,000 square feet. The Applicants propose to cure the encroachments, and in the process remove a portion of each structure so that each building would be entirely within the boundaries of the Locus. However, the buildings will continue to exceed the maximum permitted ground cover, with a new ground cover of a maximum of about 2075, and will still extend into the side yard setback areas. A Certificate of Appropriateness had been granted for this project by the Historic District Commission. Parking would continue to be provided on site. Applicants stated that the reason relief is required is that the removal of the encroachments and construction of the small additions, while resulting in an overall decrease of about 12 square feet of ground cover and a decrease in the front and side yard setback intrusions, still constitutes an alteration of a pre- existing nonconforming structure requiring Special Permit relief, or in the alternative relief by Variance due to the temporary removal and reconstruction of ground cover in excess of the maximum allowed even though there would be an overall decrease in the ground cover ratio. Applicants further noted that there had been a previous grant of Special Permit relief by this Board to a predecessor-in-title in the Decision in BOA File No. 051-01. Said Decision was still in effect but the proposed project was never commenced and the property was sold to the Applicants instead. The current owners stated that they did not wish to pursue that project and utilize the Special Permit relief granted in that Decision, therefore voluntarily abandoning that permit. 4. Therefore, based upon the foregoing, a super majority of the Board finds that relief may be granted by Special Permit, as existing nonconformities would be reduced and no new nonconformities would be created as a result of the proposed alterations as presented to the Board, and said proposal would not be substantially more detrimental to the neighborhood than the existing nonconformities. 5. Accordingly, by a vote of four in favor (Sevrens, Waine, Murphy and Wiley) and one opposed (Loftin), the Board GRANTS the requested relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33A. Relief is hereby conditioned upon the following: a. The project shall be done in substantial conformance with Certificate of Appropriateness No. 40,528 issued by the Historic District Commission, as may be amended; and b. The project shall be done in substantial conformance with the "Site Plan for Z.B.A. Approval", done by "emeritus", dated September 23, 2002, and marked as Exhibit A, a reduced copy of which is attached hereto. Dated: 4~~etrb-tr ~~ , 2002 CQ ~ C~ ~~1Vanc Sevr s ,~ ~~Ch. ~' . Mep 3 Paroel: 87H25 3126 e e r i u s a,~t ~~~ ~ - Front Setbaclc s0 n sldelRearsetbadc loft ] &v and Nwxku, l(A 07551 P. SOB575.1995 P. ~ ~ She re,606 sq. it _ , Nlowable G.C. '12.5% Fxleflnp G.C. 2,087 sa 1L Proposed G.C. -12 sq. (C Total G.C. '$Oi5 aq. R '9 Total Reduced G.C. -111 eq. n. (parape) , lr d3 aq.fL (houa) s~ Pottlon d Gripe b ht Rtnwtd - - j -150 aq.tt (total G. C. renwYed) • 111 t.l. G.C. , r - - - - - - - - - - - ~ ToW Additlve G.C. +89 aq.R (coat Ilviny area) +83 aq.it (weal entry anal ~ i f ~ s-0' j +172 sq.R. (total G.C. addlUona avoeet+~ C • Lot of Record •~ '9 drrayawlww.wrta~wrr.w,b~are~wart, aom. erteca,tuaao7unpneedcx+aPew2~a \ ~i bond stir Nreldut RtpNhydDteda - \ ~ End Story Garage = 629 a.f. G.C. lo-0~ sa. s.m.d~ ~ -111 a.r. G.c. ~ G 518 a.f. G.C. ~ LO I ea' I . I \ I I I ,~ . \ I I ~ I Sue Foiw Stmedc I (~ ~ I ~~`~ ~ I ~ ~ ~~~ \ I ~J J9 \ I I I I l ~ .~ I ~ I 1 .I . i ,I I I ~ ~ 50 t.1.G.C. De~Md Lar Drabs 1V-0' Per Salbdc X E 6Etnh d Edtep Hows I I , I I r -.. I I ~ - .I I Exlteip ryam Pam b a Rtmwed ~~ L--1 •I ~' Exlating 1 1n Story. House =1458 a.f. c.c. I I -73 a.f. G.C. i ~' . 3z t.l. c.c. 1385 e.f. G.C. I I Proposed Additbns = +172 a.f. G.C. I . w ar. o.c. ,b ~, I . ~~ I I I ~~ , I I I ~ ' I, ~-- ~, . ~ ~ I _ I ~_ ~ I - ~~ ~ 1~-tv fa-0~swsebrx j ~ ~~ b a Pemowd ~ _ _ I ~ ~ - ~: -J I iJ'-0' I 1'-0' - I I I I L - - - - - - ` - - - - - - J Len90i~' I - _ I, --------?E--------;F-- ----~E--------~:--------i:--------~:--------~(--------k-------~ ZO7 ra Portlan a Hour Edwn apt Prat b be Renbwd b M Rtngad • 73 t.f. G.C. Proposed Renovations l Alterations for: , homes and Holly Harty scale: 1 " = 10'-0" ~~,~;~ M; 0 5~ Site Plan for Z.B.A. Approval 09.23.02 TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 ~~~-228-7205 A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, OCTOBER 18, 2002, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: THOMAS AND HOLLY HARTY, BOARD OF APPEALS FILE NO. 068-02 Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-Law Section 139-33A (alteration/extension of apre-existing nonconforming structure/use). In addition/in the alternative, Applicants are seeking relief by VARIANCE under Nantucket Zoning By-law Section 139-16A to complete the project as proposed. Applicant proposes to remove that portion of an existing garage structure that lies over the northeasterly side yard lot line in the layout of Atlantic Avenue, and create a new about three-foot setback distance, reducing the ground cover from about 629 square feet to about 518 square feet. Applicants also propose to maintain the existing one-car garage space on the first floor while raising the roof ridge height from about 18 feet to about 22 feet to allow for studio space on the first and second floor. In addition, Applicants are proposed to remove that portion of the single-family dwelling that lies over the southerly side yard lot line, and create a new about 1.6-foot setback distance, reducing the ground cover from about 1,458 to about 1,385 square feet. Applicants wish to reallocate the removed ground cover by constructing two small additions of about 50 square-feet and about 33 square-feet onto the westerly side of the main house, without coming any closer to that lot line than the existing structure, and an about 89 square-foot addition onto the easterly side of said structure, that would result in an overall ground cover reduction on the Lot from about2087 square feet to about 2075 square feet. An existing front porch along Cononicus Street that lies within the 30-foot front yard setback area would be removed, reducing the front yard setback intrusion from about 9.4 feet to about 13.7 feet. Overall, there would be a reduction in the nonconforming front and side yard setback distances as well as the ground cover ratio. The Locus is nonconforming as lot size with the Locus containing about 8,606 square feet of area, in a district that requires a minimum lot size of 20,000 square feet; as to ground cover ratio, with the Lot containing about 2,087 square feet in a district that allows a maximum of 1,500 for undersized lots; as to front yard setback with the garage structure being sited as close as about 8.8 feet and the single-family dwelling being sited as close as about 9.4 feet, from the front yard lot line along Cononicus Street, in a district that requires a minimum front yard setback of 30 feet; and as to side yard setbacks with the garage being sited over the northeasterly side yard lot line and with the main structure being sited over the southerly side yard lot line, in a district that requires a minimum side yard setback often feet. The Premises is located at 4 CONONICUS STREET, Assessor's Map 87, Parcels 125/126, Land Court Plan 8927-A, L s 14 and 15, plus an unregistered parcel. The property is zoned Residential-2. n , , Nancy J. S e s, airman ~>$011 Yol'm 1-89 ~. ..~ ~ , ',, Ownar~s name(s): }iaflinq address: ~'~ lpylicant ~ e Hazes: Mailing address: Lcoation o~ lot: Asses~or~t map and parcel number ~,~- ~Stissat address: ~ ~ S 2 rzG-- 3isSiia Land •Ct 'pl 1~3z 8k & p or plan pile Z7 - ~ot1~! i. ~ r- U~/~ . Data lAt, acauirsd: ~,~/ OZ Dsce~~tst °ZOi3?,(o zoning' district ' Z, ,Uses on lot -~.doaymsraial:' None ~, or ~~~ Mco3 . _ -number oZs dwsllings,,,~, duplex apartments- rental rooms- Suildinq~dats(s)s all pre-s/~2? ,~ or ~ s c of o~_ Building psrzait appl~n. Nos. . Case Nos. all SoA applications, lawsuits: ~{,~rj g • •ststs tull~ all xonin~ slist sought and respect ve Code seationa and subsea ions, apse Z~cally wha'C you yyropose a mpar~d to prsasnt +~ what Str4~nds You 'age ror 8oA t zasice sa~1s t ndinC per Ssotion 139-33A lt~ Variance, 539~3OA 1,~ a Special permit 'and 139-33A !~ to alter or sxt~nd a nanaon,ormj.nq ties). zZ ap~ea per 139-3]~A 't8 .,_ , attach t~eais on or order , appealed. oiC to a tech addendum . items enclosed as part o~ this~Appliaationt orderl addendum2 Lcaus map Site lan_„ showing pre nt ~planne~'Tc structures r oo pl~-prssari~ propose suet' o,~i~c (FYDZ a proved?,-,-,), ' ~st~gs ~,ot r~r a -"~ronta setbaaks~,,, ~ yar~ng data" ~uc~essor•asrt~t~s3'adc~zs eE ',t3at 4 astr~-~g ma Z nr~ Labelgs s sets ' ~~Y~ itsi~apyayiailsask Town Cl rk ~oasin8'gl~lgoaomFY? ~iaordoton8o~"'j"' 0 certify that the requested inrormation submitted is substantially '~ -, ompl`~s and tats to the bast or my knowlddgs, under the pains and ~=-1 •benalt ss of ps / ~ ~_ Applicant r„_, Attorney/agent ", ~;~ '•~(xZ not owner or nsr~s attorney, envlose proof or 'authority) ~-.r ' ~ 8OR SoA OYi'xCE U3$ ~ "~ ~-pplioation copses rea ~ d: 4-,,,. or,,,G for $oA on ~Q~by_~~ . one ao~ riled with Town Clerk o~, Gi'~~y votppls~ts /_~ecQ~''ln~ One ao O' py each to alanninq $d and Building D t~/ y (~ ' $300 rss ahsok giysri Tow Treasura~ on~y~~y waivd~ ' ~isarin notice poste ,, //~~~ .__.. g ~ ~'fnailed~~~j~~ & ~~~~~~~ , ~, .Hearing (s~ ~on`/r../`. aont ~ ~s tor,,,/..../_..~ `/..../~. withdrawn3rJr../.... ~ ,~ , , Oaaision due bye-../... madeJ,_,,~" ~ilsd TC,,,,_/_%" mailed„_/`/,_, S4s reZa~sd . a~sss~ _•____ ~awsu~~~ 'other . N o ~ ~ ,~ t :~~ .~ -. -v -~, _. ~•+ N 23At3Tl7Cl~T ZO2TlDTd $CA22D OY ,~BE}1L8 ' TOWbT 7~2iD~ C0~7A1TY `$U~LDZ2~Td a e NAN~rgc3~~, ia- oZSSa ~'-~Z~ CAS$ No. A98LTOA^rSOrl YOR RP1iTEP ADDENDUM Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-Law Section 139-33A (alteration extension of apre-existing nonconforming structure/use). In addition/in the alternative, Applicants are seeking relief by VARIANCE under Nantucket Zoning By-law Section 139-16A to complete the project as proposed. Applicant proposes to remove that portion of an existing garage structure that lies over the northeasterly side yard lot line in the layout of Atlantic Avenue, and create a new about three~foot setback distance, reducing the ground cover from about 629 square feet to about 518 square feet. Applicants also propose to maintain the existing one-car garage space on the first floor while raising the roof ridge height from about 18 feet to about 22 feet~to allow for studio space on the first and second floor. In addition, Applicants are proposed to remove that portion of the single-family dwelling that lies over the southerly side yard lot line, and create a new about 1.6-foot setback distance, reducing the ground cover from about 1,458 to about 1,385 square feet. Applicants wish to reallocate the removed ground cover by constructing two small additions of about 50 square-feet and about 33 square-feet onto the westerly side of the main house, without coming any closer to that lot line than the existing structure, and an about 89 square-foot addition onto the easterly side of said structure, that would result in an overall ground cover reduction on the Lot from about 2087 square feet to about 2075 square feet. An existing front porch along Cononicus Street that lies within the 30-foot front yard setback area would be removed, reducing the front yard setback intrusion from about 9.4 feet to about 13.7 feet. Overall, there would be a reduction in the nonconforming side yard setback distances as well as the ground cover ratio. The Locus is nonconforming as lot size with the Locus containing about 8,606 square feet of area, in a district that requires a minimum lot size of 20,000 square feet; as to ground cover ratio, with the Lot containing about 2,087 square feet in a district that allows a maximum of 1,500 for undersized lots; as to front yard setback with the garage structure being sited as close as about 8.8 feet and the single-family dwelling being sited as close as about 9.4 feet, from the front yard lot line along Cononicus Street, in a district that requires a minimum front yard setback of 30 feet; and as to side yard setbacks with the garage being sited over the northeasterly side yard lot line and with the main structure being sited over the southerly side yard lot line, in a district that requires a minimum side yard setback often feet. The Premises is located at 4 CONONICUS STREET, Assessor's Map 87, Parcels 125/126, Land Court Plan 8927-A, Lots 14 and 15, plus an unregistered parcel. The property is zoned Residential-2. e e r i u s Mep 6 Parcel: 87!125 ~ 126 Current Zoning: R2 Front Setback 30 tL r a..a ao.a N..~. ozs5~ SldelRear Setbedc 10 R P. 508~25.a995 P. 508.]25.6980 wruwdwdopmmcmm Lot Shb •8.608 eq. tL ' ~ , alowawe G.c. •12Sx ' ExlsOng G.c. z,oa7 eq. R Proposed G.C. •12 aq. R Total G.C. '2,075 aq. ft '9 Total Reduced G.C. •111 sq. tt (gangs) sa Fans, a Gvea. ~` •73 aq.1t (house) b M RerrowE • 111 ~.1. G.C. ~ •184 aQ.tL (tOhl G. C. re1110Ved) ' - - - - - - - ij roar adruwe G.c. +a9:q.n (eat llving ana) i r- - - - - - - +83 aq.ft, (weft aMry ana) I I ~ ~~ ~ +172 aq.ffi (total G.C. addNbne F~oFO9.a u,.n m~,. r^ ' Lot of Record ~~~$ bbmunm br av..aP p.n.x Yken ian s wM' ~fi. q aa»nrawww.wna~.odr9r,n~9.ar9nw,.., ~a,. N.oao. ~.,e caw Pw. amn~la P•w xra ~ G brrdrarNrdrdutRpl9lyao9.a~ •, ~ ~ Exists Story Garege = 629 s.1. G.C, \ 7 -111 s.f. G.C. lam ads a'te` ~ a a 518 a.t. G.C. ~ ~ I . I \ ~ I I r" ~ ,~ ~ \ I I 30'-0' Fron138beck ~C I ~ ~~~ ~y~ • ~ ~~ ,~ \ I !f lj' \ I I \ I I ~: I I 'I . I ,I I y I I + 50 t.1.G.C. Dwhed Une DenoW 10-0' Rrr Serh=dc I finals a Ewnro House ~ ~ I I I V r- I I 588tlna Fmnf Pads I '~ bGRenweE ~ ~ I I_ ~ c ~ - - l ~ ExlsOng 11n sorry House = lass s.t. G.c. -73 s.t. G.C. , ,;, C .33 e.r. G.c. 1386 s.f, G.C. I I C Proposed Addltbna = +172 s.i. G.C. . w e.r. G.c. i, ~. O ~ oedc ~ I I U ~ ~a~ , ~ I ' ~: _ I i ~- -- Ir.ro• ra~aslae s.bedr ' „~~ ~~ b M Rem~ed ~ ~ _-- ~.. I I I ~~ I ~~~ - I I I Lena I I O~O~ bbe Removed bMRnrowO Fen08J • 73 e,1. G.C. Proposed Renovations /Alterations for; Thomas and Holly Harty scale: 1 " = 10'-0" Nantucket, Ma. 0 554 Site Plan for Z.B.A. Approval 09.23.0 Sep 25 02 03:05p E>:hibit A ~ `' M r~ R 0 p.l ~ ~_ .. p(IS~ i>;~' ~ . !p y ,~ ~S ` ~cOl6 r S,f ,.s~~ . ' ~ ~1~, l `~`1 ~~~ ~i~ ~~~~ i c ~ ~~ fi ~. ~ 4. r- / G ~ . r ~z 99 ~S. F `/ ~ f ' r ,5"b D is .G. To ~~i7~+/~(1 `` Po,~rar~ -n. o (17 e.e ~ ~\ .. ~- p /~ ~~d ~~ ~•, '~' `~ v . .RV ~(~~`o J `~ b ~ SUNG \ • , _~' s , ~-r r G.C. 7 ~y ~ ~ s ~ /:~ I ~ ~o,~~su/.~ a 1. ~ iJ ~ 's C s ~ b' !S. F p ~ ~ ._-- -_ ktq ., _ O g oy~v a.-~c , , . 9° yr ~ ~ J.7 ~ 1 U t - - ,_- k---..~--k~ ._.......~.-_._. `' ~ IQ} ~, `~f~ -~ ~ 1 ~~ ,~~~~oF~u~~i ~M\ CN W 1~S ~ . -0~. , TM"T BUILDING I,O~ATI(~N PL~±N I ceanFY, •~s of i., r-r • • ~ o oN THe THE BUIlDI1~C S}.IS/~AE~EP Or ~q~D IN GP.OUrIO ASS,~:,o":,~ I~f~,~~,~c~ TUCKET MASS. ~~ ~ ~ ~''~`~ NAN PROFESSIONAL lgNO SURVEYOR She; I'v 'n i DA~f:Tt-~~ %ioo~ Owner. O Pf/ ~F!l(/lpN.~S~T B~~rf THIS PL07 PIJ.N WAS PRE-AR£0 fOR THE TOWN ~ 's`ue C B9 7 id OF NANTUCKET 6UILOINC OEPARTy1ENT ONLY ANO T . /~ 00 9 Plan.C. • l2. SHOUt.O NOT BE coN510ERED A PR0~6RS~I~To peed:~'~• SURYEY• THIS PLAN H Ulv N C ~ O ~•-bR ~- ~'Q'127t//~v~ ~ sr~~7 . fS7AgllSM PROPERTY Loou~ • ANY ANOILIARr 5TRUCTURES oN 1't-tE PREf11SES. CHARLES W• HART ~ ABSoCIATES. Ino. THE PROOOoo~~~~PEATY LINES SHOWN RELY ON CURRENT sA~ORD HPAT BUILDING DEEDS ANo RUNS OF RECORD. 49 SPAS AVENUE THIS Pl T PIIN IS NOT A CEKTIFlGITION '~' TO NANTUCKET' 1dASS. 02554 TRF OR OWNERSHIP of THE PROPERTY SHOWN• 01YNER5 OF ADJOINING PROPERTIES ARE SHOWN ~gO©~ 22e-ae;o .H~7~f ACCORDING TO CURRENT ASSESSOR RECORG'S• r, --~ _ . ,...-~ . /25';/Z d unr To BE RECI?ROfD_ ,~- ~N:NG CI.A6SIFICAT[Oli: ARFl~ .. . V '~•prQ~,~~ . N. fRUNTA~.a: ONT t'ARD S.B.' . . •. '.1o i~ . , I '1Jt k SIpES, ~ ) !O• ~"x "~ toUND COVER X ' • /ty ~ C» uVywMw s i. i. o. w. a..ei.. ro.n ei ao~mo~.~ A71°IL~41f~Y71'I/lL° ~CCI~°~Iff~l „ ,,; ~7n '1'hf~'1'c~~~~u <<iicl C' NANTVC ~1ci~~~LCl~ci~~ ke~~ ii }~ppi T ~~y . OG Town of Nantucket ZONING BOARD OF APPEALS ~EGEIVED F30,~t3D OF ASSESSORS S E P 0 5 2002' TCJVIifV OF ~%~~TUCKET, MA LIST OF PARTIES IN INTEREST IN THE MATTER OF HE PETITION F PROPERTY OWNER.. ............. .....~.~~....~. ~..'..... l~1Ytr~-icTJ ~~t~ MAILING ADDRESS ............../...~1'~~;:~/.~.,f_ ...........~... ........ / PROPERTY LOCATION ............ ..~......••.• •-~:~~~••~~ ASSESSORS MAP/PARCEL...."..Q.~.-...-:.......I..~~ ~"'.~a-.~....•••.• APPLICANT...... ~,~~rlF~~'•~•.....'./..~. ... ....................~ .,'.~'.''_`~ ~~5 SEE ATTACHED PAGES 1 certify 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 1 1 Zoning Code Chapter 139. Section 139-29D (2) ~/ ....... A ............. •~ Y Y DATE ASSESSOR'S OFFICE Town of Nantucket ~ ~ O N ~ U O a m U N a a a ,i N H m U bt .r.' ~ ~ ''i F. FT W. ~ U ~ ~ ~z a GG H H a n: a ~y~ ~y~ ,7 a. ~y~ q q '}~." '~~", H p m uH] m~ g h h A A H ohi Pi ~ Ri M' 0. 00 W P D m tJ ~Ti U Pi OR b N 07 U! b 'li W W W W W pR~. W ~z~+ii ~ H O H W W iC ~ k. 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PWG C7 ~ h ~ W ~ H H ~ D ~ x ~ ~ °W a b z m 1 H m t U z 0 e H O yl O a .-- N O 1l1 ri N I'I 1'/ W b m m ~ 0 .-i l+l m 01 O .-/ N n 41 O O r1 .i ri r1 rl ri .~ rl N M N7 V' V' V' n n n of of .-/ .a .~ .-~ .-/ .~ ~ .~ .~ .-- .~ .-i .~ .~ .~ ~ ~~ y I n r n n r n n n n n n r r~ n n n n n n n n ~ m m m m m m m m m m m m m m m m m m m m m ~~ ~ Q ~ ~, \ 1 ~~ ~ `~ ~ a ~ ~ n O ~1 O ~ \ ~ ~ ~ (~o Bo OO ~~_ ~ ~ ~ ` '\ ~ - 1 ~ ~ W VV W E a .~ rl N 0 0 N m TOWN OF NANTUCKET 0 BOARD OF APPEALS - _ J NANTUCKET, MASSACHUSETTS 025,54 Date: January 14, 2010 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 068-02 Owner/Applicant: Thomas Harty and Holly Harty 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) d s. ~. Michae J. 'Mara, Chairman i 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 1 East Chestnut Street Nantucket, MA 02554 Assessor's Map 87 4 Cononicus Street Parcels 125/126 Land Court Plan 8927-A, Lots 14 and 15 R-2 Certificate of Title No. 20326 Deed Book 759, Page 174 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Thursday, January 14, 2010, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of THOMAS HARTY and HOLLY HARTY, Property Owner, c/o Glidden and Glidden, P.C., 37 Centre Street, Nantucket, Massachusetts 02554, Board of Appeals File No. 068-02, the Board made the following Decision: 1. Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By Law Section 139-33A (alteration/extension of apre-existing nonconforming structure/use). In addition/in the alternative, Applicants are seeking relief by VARIANCE under Nantucket Zoning By-law Section 139-16A to complete the project as proposed. Applicant proposes to remove that portion of an existing garage structure that lies over the northeasterly side yard lot line in the layout of Atlantic Avenue, and create a new about three-foot setback distance, reducing the ground cover from about 629 square feet to about 518 square feet. Applicants also propose to maintain the existing one-car garage space on the first floor while raising the roof ridge height from about 18 feet to about 22 feet to allow for studio space on the first and second floors. In addition, Applicants are proposing to remove that portion of the single-family dwelling that lies over the southerly side yard lot line, and create a new about 1.6-foot setback distance, reducing the ground cover from about 1,458 to about 1,385 square feet. Applicants wish to reallocate the removed ground cover by constructing two small additions of about 50 square-feet and about 33 square-feet onto the westerly side of the main house, without coming any closer to that lot line than the existing structure, and an about 89 square-foot addition onto the easterly side of said structure, that would result in an overall ground cover reduction on the Lot from about 2087 square feet to about 2075 square feet. An existing front porch along Cononicus Street that lies within the 30-foot front yard setback area would be removed, reducing the front yard setback from about 9.4 feet at the dwellings closest point to about 13.7 feet. Overall, there would be a reduction in the nonconforming side yard setback distances as well as the ground cover ratio. The Locus is nonconforming as lot size with the Locus containing about 8,606 square feet of area, in a district that requires a minimum lot size of 20,000 square feet; as to ground cover ratio, with the Lot containing about 2,087 square feet in a district that allows a maximum of 1,500 for undersized lots; as to front yard setback with the garage structure being sited as close as about 8.8 feet and the single-family dwelling being sited as close as about 9.4 feet, from the front yard lot line along Cononicus Street, in a district that requires a minimum front yard setback of 30 feet; and as to side yard setbacks with the garage being sited over the northeasterly side yard lot line and with the main structure being sited over the southerly side yard lot line, in a district that requires a minimum side yard setback of ten feet. 2. 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, the Planning Board having determined that the subject Application presented no issues of planning concern. 3. As presented by the Applicants' representatives at the public hearing, the Locus, an irregular trapezoidal shape, consists of two adjacent parcels, one registered and the other unregistered, which have been in common ownership since a time prior to the July, 1972, initial effective date of the Nantucket Zoning By-law. Asingle-family dwelling and a garage, each of which the Applicants' representatives documented to pre-exist the effective date of the By-law by being constructed in the 1950's, are situated upon the Locus, but each of these structures encroach without benefit of easement upon adjacent properties not in common ownership with the Locus. These encroaching structures are nonconforming as to the required minimum side yard setback of 10 feet. The total ground cover upon the Locus, which is currently about 2087 square feet (or about 24%), entirely accounted for by these pre-existing, nonconforming structures, exceeds the maximum ground cover allowed upon the Locus, which is 1,500 square feet, or 12.5%, whichever is greater, for this lot of record containing over 5,000 square feet. The Applicants propose to cure the encroachments, and in the process remove a portion of each structure so that each building would be entirely within the boundaries of the Locus. However, the buildings will continue to exceed the maximum permitted ground cover, with a new ground cover of a maximum of about 2075, and will still extend into the side yard setback areas. A Certificate of Appropriateness had been granted for this project by the Historic District Commission. Parking would continue to be provided on site. Applicants stated that the reason relief is required is that the removal of the encroachments and construction of the small additions, while resulting in an overall decrease of about 12 square feet of ground cover and a decrease in the front and side yard setback intrusions, still constitutes an alteration of a pre- existing nonconforming structure requiring Special Permit relief, or in the alternative relief by Variance due to the temporary removal and reconstruction of ground cover in excess of the maximum allowed even though there would be an overall decrease in the ground cover ratio. Applicants further noted that there had been a previous grant of Special Permit relief by this Board to a predecessor-in-title in the Decision in BOA File No. 051-01. Said Decision was still in effect but the proposed project was never commenced and the property was sold to the Applicants instead. The current owners stated that they did not wish to pursue that project and utilize the Special Permit relief granted in that Decision, therefore voluntarily abandoning that permit. 4. Therefore, based upon the foregoing, a super majority of the Board finds that relief may be granted by Special Permit, as existing nonconformities would be reduced and no new nonconformities would be created as a result of the proposed alterations as presented to the Board, and said proposal would not be substantially more detrimental to the neighborhood than the existing nonconformities. 5. Accordingly, by a vote of FOUR in favor and none opposed, the Board GRANTS the requested relief by SPECIAL PERMIT under Nantucket Zoning By- law Section 139-33A. Relief is hereby conditioned upon the following: a. The project shall be done in substantial conformance with Certificate of Appropriateness No. 40,528 issued by the Historic District Commission, as may be amended; and b. The project shall be done in substantial conformance with "As-Built Plot Plan," dated January 5, 2010, prepared by On-Island Surveying, and marked as Exhibit A, a reduced copy of which is attached hereto. SIGNATURE PAGE TO FOLLOW Dated: (~(~,Gj / ~ , 2C ~~ Nantucket, ss. VQ.~i l y 2010 On this ~7 day of January, 2010, before me, the undersigned Notary Public, personally appeared ~d TDD 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/she signed it voluntarily for its stated purpose. i%~4 ,Y ~/il~ Notary Public: !/~~tss•~~• ~'I~o~`~ My commission expires: MRrclioti.~,ao~3 ZONING: R-2 MINIMUM AREA = 20,000 S0. FT. REAR AND SIDE YARD SETBACK 10 FT. MINIMUM FRONTAGE: 100 FT. / FRONT YARD SETBACK: 30 FT. GROUND COVER RAT10: 125% / EXISTING: 1,543 SOFT. + 522 SO. FT. = 2,065 SOFT. OR 23.56% (TO FOUNDATION) -- / / I CERTIFY THAT THE BUILDINGS ARE j LOCATED AS SH HEREON: l 1r~~t ~ A ' / ~ O JOS H K GER A~G/ -. u 3 // A l l \ \ ~ ~ O ~~ lqN~ 5~..^ Er / ~ ~ 8 ~~ ~ / / . j / 1 ~ ^ 26 `' / Q ! I ~ ~° p ~ 30Q~ ' ~, ` ~G \ p lc'~ ~ OQ ,/ ~ ~ `oo. ~G ~ ~ o ~ ~ / C~J l / O GAS J / / •~/ a / / LOTS to&15 & PARC L 2 FT ~ AREA =0764 S0 ~ ~ . . / / ryN ~ O J O ~ / ~ / = p ~ / 4; ~ ~ / \ ti~ 6 = / / O ~ / / / r / 4i ~2 j / ~ OJ ~ O ~ / O / ~ '` ~~ v ~ ~ / / / / / l q, 4 ~ h ~- ~ V~ 4i p ~ , ~O / 2 ~' ~ / ~ / O~ ~ ~ \ ° / ~ d / /~ / / S / /; / ~ / / ~ / / / / i / / / o\°~ / // n MAP 87 PARCEL 117 ON-ISLAND SURVEYING FRANK 0. HOLDGATE P.LS. JOSEPH MARCKLINGER P.L.S. P.O.BOX 896 NANTUCKET, MA. 02554 (508) 228-8031 ~ / .o° / / rn ~ in °~, ~ l S7 90. >>- ~?B O 2~ woo a / / ~ Ff~ / e ~cf ~ ~ i / / /' i / / / j /i / /. / / j i / // "AS-BUILT" PLOT PLAN NANTUCKET, MA. 5 CONONICUS ROAD (NANTUCKET COUNTY) SCALE i IN.= 20 FT JANUARY 5, 2010 *REVISION OF DECEMBER 4, 2009 PLAN, WHICH WAS IN ERP.OR CONCERNING GARAGE. ASSESSORS MAP 87, PARCEL 125