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TOWN OF NANTUCKET:'
BOARD OF APPEALS
NANTUCKET, MA 02554
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This agreement to extend the time limit for the Board of Appeals to make a decision, hold a public hearing, or
to take other action concerning the application of:
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 Zoning Board of Appeals hereby agree to
extend the time limit
)\ For a public hearing on the application
o For a written decision
o For other
Such application is:
o An appeal from the decision of any administrative official
'tif A petition for a special permit
o A petition for a variance
o An extension
o A modification
The new time limit shall be midnight on
a time limit set by statute or bylaw.
which is not earlier than
The Applicant (s), attorney, or agent for the Applicant represented to be duly authorized to act in this matter
for the applicant, in executing this agreement waives any rights under the Nantucket Zoning Bylaw and the
State Zonin t, as ended, to the extent, but only the extent, inconsistent with this agreement.
Town Clerk Stamp:
2 Fairgrounds Road
Nantucket Massachusetts
508-228-7215 telephone
02554
508-228-7298 facsimile
...
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
ROBIN HAMMER AND JAY M. HAMMER, FILE NO. 108-07
The applicants are seeking relief by Special Permit pursuant to Zoning Bylaw section 139-33A( 4)
and (8) for the alteration and extension of the existing single family dwelling and cottage.
Applicants also request relief by Special Permit pursuant to Zoning Bylaw section 139-
22(E)(2)(a) for an increase in the allowed ground cover. The site is located at 6 King Street,
Siasconset, is shown on Nantucket Tax Assessor's Map 73.1.3 as Parce186, and is recorded at the
Registry of Deeds in Book 677, Page 318.
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2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA02554
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PUBLIC NOTICE
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A PUBLIC HEARING of the NANTUCKET ZONING BOARD OF APPEALS is scheduled for
1:00 PM January 11, 2008 in the Conference Room at2 Fairgrounds Road, Nantucket, MA, 02554.
The application materials may be reviewed at the Zoning Board of Appeals office at 2
Fairgrounds Road, Nantucket, MA 02554 between the hours of 8:30 AM. and 4:30 P.M., Monday
through Friday. Written comments for the January 11, 2008 meeting must be received by 4:30 PM
on Wednesday, January 2, 2008 and may be addressed to the Nantucket Zoning Board of
Appeals at the above address, faxed to (508) 228-7298, ore-mailed to jbrescher@nantucket-
ma.&ov
ROBINHA1v1MERAND JAYM HA1v1MER, FILE NO.IOS-07
The applicants are seeking relief by special permit under Zoning Bylaw 139-33A( 4) and (8)
(alteration of pre-existing nonconforming structure) in order to alterthe pre-existing
nonconforming structure by lifting the structure and placing a crawl space underneath it. The
site is located at 6 King Street, Siasconset, is shown on Nantucket Tax Assessor's Map 73.1.3 as
Parcel 86, and is recorded at the Registry of Deeds in Book 677, Page 318.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
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File No/ t
Fee: $300.00
Owner's name(s):_Jay M. and Robin Hammer
Mailing address:_c/o Reade, Gullicksen, Hanley and Gifford, LLP
Phone Number:_508-228-3128
E-Mail:_ SLC@ReadeLawcom_
Applicant's name(s):_Same
Mailing Address: _6 Youngs Way/PO Box 2669 Nantucket, MA, 02584
Phone Number:_508-228-3128
E-Mail:_SLC@ReadeLaw.Com
Locus Address: _6 King Street
Assessor's Map/Parcel:_73.13-86_
Plan Book & Page.:_23-3
Deed Reference/Certificate of Title:_677-318_ Zoning District_SOH
Uses on Lot- Commercial: None
Residential: Number of dwellings_2_ Duplex _0_ Apartments _0_
Date of Structure(s): all pre-date 7/72 _Yes_ or
Building Permit Numbers:
Previous Zoning Board Application Numbers:_None
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
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State below or attach a separate addendum of specific special permits or variance relief
applying for:
The locus is about 3,585 SF is a zoning district (SOH) where 5,000 SF is required.
The 1.5 story single family dwelling is sited about 4.3 feet from the southerly rear lot line
at the closest point where the minimum setback is 5 feet. The cottage is situated about
1.1 feet from the westerly side lot line, and about 1.9 feet from the easterly side lot line at
the respective closest points where the minimum side yard setback is 5 feet. There is
approximately 10 feet of separation between the two structures. The current ground
cover is 31.6% in a zoning district where preexisting nonconforming lots are limited to
30% ground cover. All of these nonconformities are grandfathered as preexisting the
Nantucket Zoning Bylaw adopted in 1972. The locus and structures thereon are
confirming in all other respects.
Applicants propose to alter the pre-existing nonconforming 397 + / - SF cottage by
lifting it and placing a crawl space underneath it. The eastern and western sides of the
structure are both within the side yard setbacks, as above. Concurrently, Applicants
propose to move the cottage approximately seven feet south to bring it into compliance
with Nantucket Zoning Bylaw Section 139-7 (A) (2) (b) by creating 12 feet of separation
between it and the main dwelling.
Applicants also propose to alter the pre-existing nonconforming 735 + / - SF single
family dwelling by lifting it to add a basement. A portion of the structure is within the
rear setback, as above. Applicants also proposes to add an 8x12 foot addition to the
south east corner of the structure, as per attached site plan, for the purpose of making a
stairway to the new basement. The ground cover would increase to 835 + / - SF. The
addition would not be in the setback or increase any encroachment into the setback.
The preexisting nonconforming ground cover would increase from 31.6% to 34.3%.
Accordingly, Applicants request relief by Special Permit under Nantucket Zoning
Bylaw Section 139-33.A( 4) and (8) for the alteration of the existing single family dwelling
(adding a basement) and cottage (adding a crawl space and moving it approximately
seven feet south), as shown on the attached plan, where the changes are not substantially
detrimental to the neighborhood than the existing nonconformities, and there is no new
nonconformity or increase in any nonconformity.
Further, Applicants request relief by Special Permit under Nantucket Zoning Bylaw
Section 139-33.E(2)(a) for an increase in the allowed ground cover for the locus to
34.8%, where an increase of ground cover up to 50% is allowed by Special Permit and
where the change is not substantially detrimental to the neighborhood than the existing
nonconformity.
6 King Street Application
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.
SIGNATURE:
Jfby Hrhn/l1er- br
SIGNATURE:
ESct.
Applicant/ Attorney/ Agent* q./Tt1"rrJt?y'
*If an Attorney or other Agent is representing the Owner or the Applicant, please provide
a signed proof of agency.
OFFICE USE ONLY
Application received on:_/ _/ _ By:_ Complete:_ Need Copies:_
Filed with Town Clerk:_/ _/ _ Planning Board:_/ _/ _ Building Dept.:_/ _/ _ By:_
Fee deposited with Town Treasurer:_/ _/ _ By:_ Waiver requested:_
Granted:_/ _/ _ Hearing notice posted with Town Clerk:_/ _/ _ Mailed:_/ _/ _
I&M_/ _/ _ &_/ _/ _ Hearing(s) held on:_/ _/ _ Opened on :_/ _/ _
Continued to:_/ _/ _ Withdrawn:_/ _/ _ Decision Due By:_/ _/ _
Made:_/ _/ _ Filed w /Town Clerk:_/ _/ _ Mailed:_/ _/ _
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
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NOTE: FOR A PRE-EXISTING NON-CONFORMING LOT WITH LESS
THAN 5,000 S.F. THE MAXIMUM GROUND COVER IS 30%
CURRENT ZONING:
MINIMUM LOT SIZE:
MINIMUM FRONTAGE:
FRONTYARD SETBACK:
SIDE AND REAR SETBACK:
ALLOWABLE G.C.R.:
EXISTING G.C.R.:
S.O.H.
5,000 S.F.
50.FT.
NONE
5 FT.
50% (SEE NOTE)
31.6% :f:
AS BUlL T PLO T PLAN
IN
NANTUCKET, MASSACHUSETTS
SCALE.' r=10' DA TE:NOV. 30, 2007
DEED REFERENCE.-DD.BK.677,PG.318
ASSESSOR'S REFERENCE.'
MAP: 73.1.6 PARCEL:86
PREPARED FOR:
ROBIN &- JA Y M. HAMMER
EARLE &- SULLIVAN, INC.
18 BLUEBIRD LANE
!/- ~ANTUCKET, MA. 02554
ES 32
FOR PROPERTY UNE DElERMINA TlON lHlS PLOT PLAN
REUES ON CURRENT DEEDS AND PLANS OF RECORD,
VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON.
N.B.6-1
TOWN OF NANTUCKET
BOARD OF APPEALS
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NANTUCKET, MASSACHUSETTS 02554
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Date: August 11~~32008
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To: Parties in Interest and. Others concerned with the Decision of
the BOARD OF APPEALS in the Application of the following:
Application No.:
108-07
Owner/Applicant:
Jay Hammer and Robin Hammer
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with the office of the Nantucket Town Clerk.
An Appeal from this Decision may be taken pursuant to Section 17
of Chapter 40A, Massachusetts General Laws.
Any action appealing the Decision must be brought by filing a
complaint in Land Court within TWENTY (20) days after this day's
date. Notice of the action with a copy of the complaint and
certified copy of the Decision must be given to the Town Clerk so
as to be received within such TWENTY (20) days.
fzL J.oj{ (SPD)
Michael J. O'Mara, Chair.man
cc: Town Clerk
Planning Board
Building Commissioner/Zoning Enforcement Officer
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT
AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING
BY-LAW SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32
(VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD
OF APPEALS OFFICE AT 508-228-7215.
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road, Nantucket, Massachusetts 02554
Assessor's Map 73.1.3, Parcel 86
6 King Street
'Sconset Old Historic (SOH)
Plan Book 23-3
Deed Ref. Book 677, Page 318
DECISION:
1. The Nantucket Zoning Board of Appeals held public hearings on February 8, 2008,
March 13, 2008, June 12, 2008, and July 11, 2008 in the Garage Area at 2 Fairgrounds Road,
Nantucket, Massachusetts regarding the application of Jay Hammer and Robin Hammer, c/o
Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts
02584, Board of Appeals File No. 108-07. On July 11, 2008 the Board made the following
Decision.
2. Applicants sought relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-law
Sections 139-33(A)4 and 139-33(A)8 to alter a pre-existing nonconforming use or structure and
Section 139-33(E)2a to increase the ground cover ratio of the lot. The Premises is located at 6
King Street, Siasconset and is shown on Tax Assessor's Map 73.1.3 as Parcel 86 and in Plan
Book 23-3. The property is zoned 'Sconset Old Historic (SOH).
3. The locus is about 3,585 SF in a zoning district (SOH) where a 5,000 SF minimum lot
size is required. The single family dwelling is sited about 4.3 feet from the southerly/rear lot line
at the closest point where the required setback is 5 feet. The bunkhouse (noted on a 1984
Building Permit as a habitable structure with sleeping and sanitation facilities, but no kitchen) is
situated about 1.1 feet from the westerly side lot line, and about 1.9 feet from the easterly side lot
line at the closest points, respectively, where the minimum side yard setback is 5 feet. There is
approximately 10 feet of separation between the two structures. The current ground cover ratio
is 31.6% in a zoning district where nonconforming lots are limited to 30%, but are allowed up to
50% with special permit relief. All of the nonconformities are grandfathered as pre-existing the
Nantucket Zoning By-law adopted in 1972. The locus and structures thereon are conforming in
all other respects to the dimensional requirements of the Zoning By-law.
4. Applicants proposed to alter the pre-existing nonconforming 397 +/- SF bunkhouse
by lifting it and placing a crawl space underneath it, and to concurrently move the bunkhouse
approximately seven feet south (toward the rear) to create 12 feet of separation between it and
the main dwelling. Applicants also proposed to alter the preexisting nonconforming 735 +/- SF
main dwelling by lifting it to add a full basement, and an approximately 8 foot by 12 foot
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addition to the south east comer of the structure, as shown on Exhibit A, for the purpose of
constructing a stairway to the new basement. Both structures would also be set about 1.0 to 1.5
feet higher than their current elevations to deal with drainage issues that damaged the prior
foundations.. The ground cover of the dwelling would increase to 835 +/- SF and the ground
cover ratio for the locus would increase from 31.6% to 34.3%. The stairway addition would not
be located in the setback and would not increase any encroachment into the setback.
Applicants also proposed to make interior and exterior repairs and improvements to the
structures, both inside and outside the setback, and to move the parking to the eastern portion of
the locus, none of which require relief.
5. Our decision is based upon the application and accompanying materials, and
representations and testimony received at our public hearing. There was no Planning Board
recommendation, as no matter of planning concern was presented. Oral and written
presentations were made by the Applicants' representative, and opposition and concern was
presented orally and in writing by representatives of the abutters at 4 King Street, 8 King Street,
and 20 Shell Street. Applicants stated that such pre-existing nonconformities are common in this
area of Siasconset, and that relief to install crawlspaces, basements, and associated increases in
ground cover and changes in elevation are commonly granted by the Board of Appeals in the
SOH zoning district of Nantucket and elsewhere on Nantucket. The abutters did not suggest that
the proposed increase in ground cover or changes to the structures would be detrimental to the
neighborhood, but did suggest that the construction process would be such a nuisance to the
neighborhood and would pose such a risk of undermining nearby structures and vegetation, so as
to justify the denial of relief and/or substantial conditioning of any relief granted.
As a result of the testimony received during the public hearings, the Applicants
significantly altered their construction plans and process and agreed to some of the conditions
proposed by the abutters and their counsel. Applicants also withdrew the portion of their
proposal to move the bunkhouse toward the rear of the lot (the pre-existing bunkhouse does not
have to comply with the 12 feet of separation between two dwellings required by Nantucket
Zoning By-law Sections 139-7(A)(2)), altered their proposal to seek only a partial basement
under the portion of the single family dwelling west of the current outdoor shower, as shown on
plans submitted, and to substitute the cement block foundation and crawl space under the
bunkhouse to a pier foundation with an interior block portion.
6. Therefore, based upon the foregoing, the Board of Appeals finds that the proposed
alterations and expansion of the single-family dwelling and the bunkhouse, would constitute
alterations to nonconforming structures within the setback area and an increase in the
nonconforming ground cover ratio of the locus, all requiring relief. The Board further finds that
said alterations to the structures and the increase in the ground cover ratio would not be
substantially more detrimental to the neighborhood than the existing nonconformities. Although
the Board is cognizant of the temporary impact any construction will have on a neighborhood
with little distance between individual structures, such minor alterations to and basic
maintenance of aging structures are ordinary and not detrimental to the neighborhood. The
Board also notes that a grant of relief would not create any new nonconformities, would not
increase any setback encroachments, and would be consistent with similar relief granted to
properties nearby and properties similarly situated.
7. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested relief by
SPECIAL PERMIT pursuant to Nantucket Zoning By-law Sections 139-33(A) and (E) to allow
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construction of a new full and partial basement under the existing single-family dwelling and an
approximately 8 foot by 12 foot addition thereon, a new crawl space under the bunkhouse, and
an increase the elevation height of both structures upon the new foundations, and an increase in
the ground cover ratio from 31.6 % to 34.3%, all in substantial compliance with materials
submitted to the Board and as approved under Certificates of Appropriateness issued by the
Nantucket Historic District Commission, subject to the following conditions:
a. Exterior construction implementing the relief granted, shall only take place from 8:00
AM to 5:00 PM, Monday through Friday, and 8:00 AM to 12 Noon on Saturdays, with no
exterior construction on Sundays. Exterior construction implementing the relief granted
shall only take place between October 18 and Memorial Day of any year. This condition
shall also apply to mechanical excavation, backfilling, and regrading of the locus for
construction related to the relief granted.
b. All construction shall be completed in accordance with this decision and as shown on the
site plan entitled "Exhibit A" prepared by Earle and Sullivan, Inc., dated July 28, 2007
and attached as Exhibit A.
In addition to the standard conditions listed above, the Applicants have agreed to the following.
conditions in an effort to mitigate the effect of construction on the neighboring properties:
c. No exterior amplified music shall be permitted on site during the construction process
under this permit;
d. The private driveways along King Street shall be kept accessible and unobstructed at all
times;
e. Applicants will provide a police detail in the event King Street will be closed and will not
close or obstruct King Street overnight;
f. Mechanical driving of steel plates or pilings into the ground as a means of shoring the
excavation sites shall not be permitted, although mechanically augured pilings are
permitted;
g. With the exception of the compressors used for raising and lowering the structures, all
other compressors used for this construction must be located within sound-muffling
enclosures;
h. All excavation within 10 feet of the cherry tree in the front yard, a recognized Town Tree,
and the mature maple tree near the rear lot line of the southerly abutter, shall be done
upon advanced consultation with an arborist and a representative of the Nantucket Tree
Warden or the Department of Public Works, as evidenced by a letter or letters from such
to the Nantucket Building Commissioner; and
1. The applicant shall landscape the property upon completion of the construction.
SIGNATURE PAGE TO FOLLOW
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Dated: ~,J. t t. , 2008
Burr Tupper
COMMONWEAL TH OF MASSACHUSETTS
Nantucket, SS.
J\ugust~,2008
On this ~ day of J\ugust, 2008, before me, the undersigned Notary Public, personally
appeared I (J1fx,. , who is personally known to me, and
who is the person whose name is signed on the preceding or attached document, and who
acknowledged to me that he signed it voluntarily for its stated purpose.
Notary Public: #'.fr:B. /IIta,l..
My commission expires:
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-EXHIBIT A-
PLOT PLAN
TO ACCOMPANY
ZONING BOARD OF APPEALS
APPLlCA nON
IN
NANTUCKET; MASSACHUSETTS
SCALE: 1-=10' DA TE.'NOV. 30, 2007
REIITSED:DEG. 13, 2007
REIITSED:DEG. 18." 2007
REIITSED: JUL Y 20. 2008
DEED REFERENCE:DD.BI<.677,PG.318
ASSESSOR:S' REFERENCE:
MAP: 73.1.6 PARCEL: 86
PREPARED FOR:
ROBIN ct JA Y M. HAMMER
NOTE: FOR A PRE-EXISTING NON-CONFORMING LOT WITH LESS
THAN 5.000 S.F. THE MAXIMUM GROUND COVER IS 30%
CURRENT ZONING:
MINIMUM LOT SIZE:
MINIMUM FRONTAGE:
FRONTYARD SETBACK:
SIDE AND REAR SETBACK:
ALLOWABLE G.C.R.:
EXISTING G.C.R.:
PROPOSED G.C.R.:
S.O.H.
5,000 S.F.
50 FT.
NONE
5FT.
50% (SEE NOTE)
31.6% :f:
34.3% :f:
fOR PROPERTY UNE DElERMINATION THIS PLOT PLAN
REUES ON CURRENT DEEDS AND PLANS Of RECORD.
VERIfiED BY fiELD MEASUREMENTS AS SHO'MII HEREON.
N.B.6 1
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EARLE ct SULLIVAN, INC.
PROFESSIONAL LAND SURVEYORS
18 BLUEBIRD LANE
~ANTUCKET; MA. 02554
ES-32