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HomeMy WebLinkAbout113-07 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: ~,2008 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: g .:_i Application No. : 113-07 -',... c~, -.'f': . ""T1 f""T"l co Owner/Applicant: Kristin Alexandre . - -0 N o CXl 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. M 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. J ZONING BOARD OF APPEALS 2 FAIRGROUND ROAD NANTUCKET, MASSACHUSETTS 02554 Map 73.1.3 Parcel 62 Sconset Residential - 1 15 Bank Street LC Plan 38116-A, Lots 1 and 2 COT 21,446 (1) At a public hearing of the Nantucket Board of Appeals held at 1 :00 p.m., Friday, January 11, 2008, in the Conference Room of the Town of Nantucket Building, 2 Fairgrounds Road, Nantucket, Massachusetts, on the Application of KRISTIN ALEXANDRE, P.O. Box 367, Far Hills, NJ 07931, Board of Appeals File No.113-07, the BOARD made the following Decision: (2) Applicant is seeking relief by Special Permit under Nantucket Zoning By- law Section 139-33A (alteration/expansion of the pre-existing nonconforming structure/use) and to the extent necessary, modification of the previous Special Permit in the Decision in Board of Appeals File No. 011-05 that allowed re-siting and alteration and expansion of the primary dwelling upon the Locus. The Locus is nonconforming as to lot size with the Lot containing about 3,486 square feet oflot area in a district that requires a minimum of 5,000 square feet; as to front yard setback with the primary structure being sited as close as about 2.6 feet from the lot line along Bank Street in a district that requires a minimum of 15 feet; as to side yard setback with the same structure sited as close as about 3.4 feet (with a ten-inch overhang extending further) from the southerly side yard lot line and as close as about 3.3 feet from the northerly side yard lot line, and with the studio/cottage structure to the rear being sited as close as about 1.5 feet from the southerly side yard lot line and as close as about 3.2 feet from the northerly side yard lot line, in a district that requires a minimum of 5 feet; and as to frontage with the Lot having about 38.7 feet of frontage along Bank Street in a district that requires a minimum frontage of 50 feet. The Locus is conforming as to rear yard setback and ground cover. (3) Applicant, through counsel, stated that the dwelling was validly grandfathered as to siting as it was constructed prior to the 1972 enactment of the Zoning Bylaw and was clearly visible in substantially the current location on the 1938 and 1957 aerials in the Town records. Applicant's counsel explained that in application #011-05 Applicant proposed to construct conforming additions onto the easterly rear and the northerly side of the primary dwelling and raise a portion of the existing roof height from about twelve (12) feet to no more than seventeen (17) feet within the front yard setback area but no closer than the existing structure. Nonconforming portions ofthe structure were to be removed and the structure would have then become conforming as to side yard setback requirements. Due to a miscommunication between the builder and the Zoning Enforcement Officer, the structure on the locus was altered, but not in conformity with the plans set forth in File No. 011-05. Specifically, the structure was not lifted and the existing side yard setbacks were not cured as proposed but an addition was placed to the rear of the dwelling and kept out of the southerly side yard setback. In addition, the height of the dwelling was raised and a dormer placed in the front yard set back as proposed in the original application. The conforming addition and dormers were constructed and final sign-offs were obtained on the building permit. However, due to the discrepancy between the proposed plans and existing additions, the Zoning Enforcement Officer refused to issue a Certificate of Occupancy. The Applicant is now seeking a Special Permit to validate the existing conforming addition and dormers within the front yard setback. The addition has been approved by the Historic District Commission (Certificate of Appropriateness No.49688). (4) Our Decision is based upon the Application and accompanying materials, and representations and testimony received at our public hearing. The Planning Board made no recommendation, as the matter did not present any issues of planning concern. There was one letter of support on file. (5) Therefore, based upon the foregoing, the Board finds that the proposed grant of the Special Permit relief to allow the existing conforming addition and dormers to remain on the primary dwelling upon the Locus, as amended, will not be substantially more detrimental to the neighborhood than what previously existed. (6) Accordingly, by UNANIMOUS vote, the BOARD GRANTS the requested MODIFICATION of the previous SPECIAL PERMIT No. 011-05 to the extent necessary, and GRANTS the additional SPECIAL PERMIT pursuant to Nantucket Zoning Bylaw Section 139-33(A) to validate the alteration and expansion of the structure as built, upon the following conditions: a) The applicant specifically agrees that any proposed plans relative to the previously granted special permit (#011-05) will not be constructed other than those referenced in condition (b) below; b) The approved project has been constructed in substantial conformity with Certificate of Appropriateness No. 49688 granted by the Nantucket Historic District Commission, as may be amended from time to time. SIGNATURE PAGE TO FOLLOW Dated: ~, 2008 }~~ . ard To e '2 ,<~7 ..?~ / ;-?"~" "Burr TUPPjl -... COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. I/It February JL, 2008 On this /1 day of J:i b. , 2n' before me, the undersigned Notary Public, personally appeared -SUY' u.I'P~' , 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. ~ Qfl~ Notary Public: ~h"~ M~ My commission expires: 3/ NIl> TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKE T, MA 02554 PUBLIC NOTICE ~ :.U -'1"'. (":"! .' :T1 c::::::J - CJ , N ~. ! , ~ .. ..... ~ i 0 . W .'J 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, or e-mailed to jbreschedi.l)nantucket- ma.gov KRISTIN ALEXANDRE, FILE NO. 113-07 The applicant is seeking a modification of a previously granted special pennit and to the extent necessary, special pennit relief under Zoning Bylaw 139-30A (special pennits) and 139-33A (pre- existing, nonconfonning structures) to allow the structural renovations that were previously completed. The site is located at 15 Bank Street, is shown on Tax Assessor's Map 73.1.3 as Pan:el62, and is shown on Land Court Plan 38116-A 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $300.00 File No.J l~" 01 Owner's name(s): Kristin Alexandre Mailing address: Phone Number: 508-228-4455 P.O. Box 367, Far Hills, New Jersey, 07931 E-Mail: acklaw.rick@verizon.net Kristin Alexandre Applicant's name(s): Mailing Address: P.O. Box 367, Far Hills, New Jersey, 07931 Phone Number: 508-228-4455 E-~~ acklaw.rick@verizon.net - Locus Address: 15 Bank Street Assessor's Map/Parcel: 7313/62 . 38116-A Land Court Plan/Plan Book & Page/Plan File No.: Deed Reference/Certificate of Title: 21446 Zoning District R1 Uses on Lot- Commercial: None-L Yes (describe) Residential: Number of dwellings 2 Duplex Apartments Date of Structure(s): all pre-date 7/72 x or Building Permit Numbers: 1323-06 Previous Zoning Board Application Numbers: 021-88, 11-05 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile '12/05/2007 09~08 5082287298 Dee 04 2007 S:20PM THE UPS STORE PLANNING BOARD 19087817781 PAGE 03 p.3 :State below or atmch So Ic:puate ad.dmdum. of spocific spedal pennie. at: VJltiance te1ief .pplying fur: :r cemfy tba.t the informAtion OOlltdned hetein is sub~y ~ and ttlIe to the best Qf.tny k:nowledgt; mldet'the pains md p~ of ~u.ty. I SIGNATURE: ~ O1.u.-uriA.e SIGNA'lUIlJl:~ ~~. AppIJ=1</A_/Agtm" ~ *If an AUo.tncy or other .Agent i.B ~~ tbe Ownec or the ~ please pmride a signed proof of agency. OFFICE USE ONLY Application~on:-1 J _ By-_ ComJ?Iete:- Need~_ F~d with TO\Vn Odk;J J _~ Board:J J _ Building Dept.:.} J_Br___ Fee deposited with Town Treuun:r.J.J ~ :81'__ Waiver ~;_ Gt.smed:.J.J _ Hearing ooo~ posted with Town ~L/ _ Mded:-I-1_ TJJcM-.J J _ &...J.--..I_ Heating(a) held on:."J.J _ Opened on ;-1-1_ COntinued 00:-1_(_ W1thdn.wn:-l_I_ Decision Due By:_I--1_ 'MB.dP:.-1-1_ Filed w(rqwn Clttk:-' -1_Ms&~ --!_ 2. Fsh:gl'ouadll It.a.d N.ratoc:kct M.....abu.<<ltt, 025&4 . S08.228~7225 telephDne 508..:UI.7298 raealadle '<) ! ..+ H ~ ..; ~ , . ... . ,. ~ ~ .. - r ~ .. .. it ). -t. ~-~~ ---:-._-:....,.""7':"":.~-::=;:-::--_~.a7-:-==..~:..t".;.~--=-~._~--~.--.p.T--..---~_;:~._. ::":.:':::::-':.::..:: =''::-: __._ ._ _ .___ . ADDENDUM The Applicant, Kristin Alexandre, requests an amendment to a previously granted special permit number 11-05 and to the extent required the applicant requests a new special permit pursuant to Sections 139-30A and 139-33A of the Nantucket Zoning By- law for this property located at 15 Bank Street, Sconset ("hereinafter the Property"). The Property is shown as lots 1 and 2 on plan 38116-A filed with the Nantucket Registry of Deeds. Lots 1 and 2 are regarded as one lot pursuant to a covenant dated June 5, 1981 filed with the Nantucket Registry of Deeds in Book 183 Page 61. Attached hereto as exhibit 1. The subject property is located in the Sconset Residential- 1 (SR-l) zoning district. The front yard setback in the SR -1 district is ten (10) feet. The side yard setback is five (5) feet. There are currently two structures on the Property; the main dwelling ("the Main Dwelling") and a studio ("the studio"). The Main structure is currently situated within the front yard setback and each of the side yard setbacks. The Main structure is situated approximately 2.6 feet from the front yard lot line, is located approximately 3.3 feet from the North lot line and approximately 3.4 feet from the South lot line as shown on the attached as built plot plan prepared by Bracken Engineering, Inc. and dated October 15, 2007. Attached hereto as exhibit 2. The Main Dwelling is a pre- existing nonconfonning structure pursuant to Section 139-2 of the Nantucket Zoning By- Law as set forth in the previously granted special permit in file Number 021-88. Attached as exhibit 3. In February 2005, counsel for the applicant appeared before this board and presented the applicant's proposal to construct an addition to the existing dwelling as shown in the architectural drawings titled Alexandre drawn by Holcomb Designs. Attached hereto as exhibit 4. In 2005 the applicant proposed to lift the current dwelling and relocate it approximately two and a half (2.5) feet in a Northerly Direction. This relocation, and addition to the current dwelling, would have cured the Northerly and Southerly setback nonconformities. The applicant also proposed to keep the main structure approximately 3.1 feet from the front lot line and extend this nonconformity to the North. The board unanimously granted the special permit relief in file number 05-11 1 and that decision was recorded at the Nantucket Registry District of the Land Court as document number 116948. On November 13,2006, the applicant's contractor, Tim Collette, applied for a building permit and building permit number 1323-06 was issued by the Nantucket Building Department on November 28, 2006. See Building Permit Application and Building Card attached hereto as exhibit 5. Subsequently, it became clear through conversations with her contractor that the renovation as proposed would be far too expensive to execute. The applicant then asked Mr. Collette to revise and significantly scale back the plans shown in exhibit 3 to exclude the proposal to move the structure out of the side yard setbacks and place a new foundation under the structure. To that end, Mr. Collette had the building plans revised to construct an addition on the existing structure squarely in the buildable part of the rear yard. The revised plans also included the construction of two dormers to the West and South of the structure. See revised plans attached hereto as exhibit 6. The applicant's contractor then presented the revised plans to the Nantucket Historic District Commission which issued a Certificate of Appropriateness for such work. See Cert. of Appropriateness No. 49688 attached hereto as exhibit 7. Prior to constructing the addition shown in these revised plans, Mr. Collette discussed the potential need for further zoning relief with then Zoning Administrator Linda Williams. See Affidavit of Tim Collette dated December 4, 2007 attached hereto as exhibit 8. Ms. Williams advised Mr. Collette that the applicant did not have to obtain further relief from the board if the additions remained in the buildable part of the yard but advised Mr. Collette to confirm this information with the Zoning Enforcement Officer, Marcus Silverstein. See ajjidavit of Linda Williams dated December 4, 2007 attached hereto as exhibit 9. While Mr. Collette has indicated that he confirmed this with the Zoning Enforcement Officer, Mr. Silverstein has no recollection of such a conversation. Mr. Collette then performed the work, obtained fmal sign-offs on building permit number 1323-06, and submitted the signed building card with the as-built shown in exhibit 2 in order to obtain a certificate of occupancy ("C/O") for the premises. On November 1, 2007, Mr. Silverstein denied the applicant's request for a C/O because the work performed did not adhere to the plans submitted and relief granted in Special Permit 2 number 11-05. See letter from Zoning Enforcement Officer dated November I, 2007 attached hereto as Exhibit IO. The applicant is now seeking a modification of the previously granted special permit in file number 11-05 and to the extent necessary the applicant seeks a special permit pursuant to Sections 139-30A and 139-33A of the Nantucket Zoning By-law to allow the structural renovations as-built and shown on exhibit 2. Granting the proposed Special Permit will not be more detrimental to the neighborhood than the existing cottage. To the contrary, the location of the pre-existing structures has not changed and the additions are constructed entirely in the buildable portion of the lot. In addition, no expansion or extension of any non-conformity has taken place. Thus, granting the requested Special Permit, will be consistent with the spirit and intent of the Zoning By- Law. 3