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:
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Application No. :
113-07
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Owner/Applicant:
Kristin Alexandre
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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.
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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.
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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
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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.
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Notary Public: ~h"~ M~
My commission expires: 3/ NIl>
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKE T, MA 02554
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, 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
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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
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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
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: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.
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SIGNATURE: ~ O1.u.-uriA.e
SIGNA'lUIlJl:~ ~~. AppIJ=1</A_/Agtm"
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*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_
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2. Fsh:gl'ouadll It.a.d N.ratoc:kct M.....abu.<<ltt, 025&4
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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
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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.
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