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Home My WebLink About056-08 Houghton TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $300.00 File No. D~&.~r Owner's name(s): James R. and Alix C. Houghton Mailing address: PO Box 5005/ Nantucket, MA 02584 Phone Number: 508-228-8071 E-Mail: j im@congdonandcoleman. c Applicant's name(s): (same) Mailing Address: (same) Phone Number: (same) E-Mail: (same) Locus Address: 7 Farmer Street Assessor's Map/Parccl:42. 3.2/108 Land Court Plan/Plan Book & Page/Plan File No.: 25822-A Deed Reference/ Certificate of Title: 21,858 Zoning District ROH Uses on Lot- Commercial: None~ Yes (describe) Residential: Number of dwellings 1 Duplex Apartments Date of Structure(s): all pre-date 7/72 X or 1760'S Building Permit Numbers: Previous Zoning Board Application Numbers: NA 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile Print Form d co -:-J ;:::. GJ '-0 ~-- ',...d .. State below or attach a separate addendum of specific special permits or variance relief applying for: SEE ATTACHED ADDENDUM 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:-&- /~ ~. I Owner* Applicantl Attorney I Agent* SIGNATURE: *If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency. OFFICE USE ONLY Application received on:_ I_I _ By~ Complete=- Need Copies:_ Filed with Town Clerk:_1 _I_Planning Board:_1 _I_Building Dept.:_1 _I _ By:_ Fee deposited with Town Treasurer:_1 _I _ By:_ Waiver requested:_ Granted:_1 _I_Hearing notice posted with Town Clerk:_1 _I Mailed: I I I&M _1_1_ &_1_1_ Hearing(s) held on:_1 _I_Opened on :_1_1_ - Continued to:_1 _I_Withdrawn=--I _I_Decision Due By:_1 _1_ Made:_1 _I_Filed w ITown Clerk=--I _I _ Mailed:_1 _1_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile ADDENDUM Applicants are seeking relief by Special Permit pursuant to Nantucket Zoning By-law Section 139-33E(2)(a) (increase in ground cover on a pre-existing lot of record situated within the Residential-Old-Historic zoning district not to exceed total ground cover ratio of 50%). Applicants propose to alter and expand a pre-existing, nonconforming single- family dwelling on a subminimum lot by constructing a new addition onto the westerly side of the existing dwelling. The existing ground cover would be increased from about 33.2% to about 40.0%. Applicants also propose to demolish the existing attached nonconforming garage located on the easterly side of the structure as well as the existing rear addition located on the northerly side of the structure. A new garage and rear addition would be constructed substantially on the same portions of the lot. The existing easterly side and rear yard setback nonconformities would be eliminated and all new additions to the structure would be constructed so as to make the structure conforming to all setback requirements. To the extent necessary, Applicants are seeking relief by Special Permit pursuant to Nantucket Zoning By-law Section 139-33A(9) to allow the removal and replacement of the garage and rear addition ground cover with a current ratio of about 33.2%, in a district that allows a maximum ground cover ratio of 50%, but a maximum of 30% for subminimum lots. The lot is conforming as to front and westerly side yard setback requirements. All required parking is currently provided on site and would continue to be provided on site. The Locus is nonconforming as to lot size, with a lot area of about 4,131 square feet of lot area in a district that requires a minimum lot size of 5,000 square feet. History of the Locus: Historical documentation has been provided in the packet that shows that the main structure was constructed in the 1790's and has been changed very little over time. There was a rear addition and attached shed in the area of the garage visible in the historical photos and on the Sanborn maps from 1887. The aerials from the Town records show that all parts of the structure existed prior to the 1972 adoption of the Nantucket Zoning By- law and thus the setback and ground cover nonconformities are thus grandfathered. Current photos are also provided to indicate the state of the structure today. The structure is small for a growing family and the Applicants wished to stabilize the structure while keeping its historical integrity and making it usable for a modem growing family. Existing Nonconformities: The subminimum lot size of the locus is not out of character with those in the neighborhood and certainly not within the ROH zoning district. The nonconforming ground cover ratio is similarly not out of context within the neighborhood, which is comprised of similarly sized lots with ground cover in excess of the maximum ground cover ratio allowed for such lots. The Lot is also the largest lot in area with the lowest ground cover ratio with frontage on Farmer Street. HDC: Applicants applied to the Historic District Commission ("HDC") in July 2007 for approval of a larger addition, expanded second floor space as well as other exterior changes. After working with the HDC and the Nantucket Historic Structures Advisory Board ("HSAB") for six months, the latter operating as a review board for the HDC, Applicants reduced the scale of the structure in order to preserve the historic 3-bay front portion of the structure. The HDC approved the amended design on December 4,2007, as the additions as now proposed were found to be appropriate for the historic structure, in Certificate of Appropriateness No. 51,492. Included in the packet are the notes from the HSAB as well as the list of concessions that were agreed to by the Applicants. The elevation plans are also included for the ZBA's review. Precedent: Also included in the packet are several previous Decisions are listed in which similar relief was asked for and granted by the ZBA. Copies of some of the more relevant Decisions related to properties in the ROH zoning district are included, particularly a few that are situated within the immediate area and on the abutter's list for the Applicants' property. Of specific note is the Decision related to the immediately abutting property to the east at 5 Farmer Street. The ZBA granted similar relief in ZBA Decision No. 082-04 to construct a second floor addition within the required five-foot setback area and allowed expansion of the footprint from about 41.67% to about 45.35% on a lot that contained only about 2,443 square feet. Conclusion/Findings: The structure and locus are validly grandfathered as to dimensional nonconformities and thus Special Permit relief is available for the proposal. A grant of the requested relief by Special Permit would not create a situation that would be substantially more detrimental to the neighborhood than the existing nonconformities, particularly as the setback nonconformities would be eliminated and all new construction would meet the setback requirements. The existing parking spaces would continue to be provided on site. The structure and additions would not exceed the maximum height allowed of 30 feet and in this case, the structure would continue to have a maximum ridge height below many of the structures in the neighborhood, particularly on the same street. Even after the increase in ground cover, the lot would continue to contain a ground cover ratio less than many others in the neighborhood and less than that allowed on the immediately abutting lot at 5 Farmer Street. Proposed Conditions: Maintain existing parking space Additions shall be constructed in substantial conformance with HDC COA No. 51,492, as may be amended from time to time Maximum ground cover allowed without further relief from the ZBA shall be 40% Town of Nantucket Web GIS - Printable Map Page 1 of 1 Prop ID Address Owner Sale Date Sale Price Book/Page Lot Size 42.3.2 108 7 FARMER ST HOUGHTON JAMES R & ALIX C PO BOX 5005 NANTUCKET, MA 2554 07/19/2005 $1,375/000 C0021858 0.09 acres Town of Nantucket Web GIS ~\ NOT A LEGAL DOCUMENT ;. <~ For general reference only: Important caveats which must be considered when using this data are available from the Nantucket GIS Coordinator. ~--~ \ ../i- \M "'1>' #c," - .-~t~TY ~V 6.- Disclaimer The information displayed on this or any other map produced by The Town of Nantucket is for reference purposes only. The Town of Nantucket does not guarantee the accuracy of the data. Users are responsible for determining the suitability for individual needs. All information is from the Town of Nantucket Geographic Information System (GIS) database. -------...----- Town of Nantucket, Massachusetts Map Composed 8/8/2008 Copyright 2005 Town of Nantucket, MA. All rights reserved Developed by AppGeo http://host.appgeo.com/nantucketmalPrintableMap.aspx?Preserve=Width&Map Width=864... 8/8/2008 Town of Nantucket Web GIS - Printable Map Page 1 of 1 Town of Nantucket Web GIS Prop ID Address Owner Sale Date Sale Price Book/Page Lot Size 42.3.2 108 7 FARMER ST HOUGHTON JAMES R & ALIX C PO BOX 5005 NANTUCKET, MA 2554 07/19/2005 $1,375,000 C0021858 0.09 acres NOT A LEGAL DOCUMENT ,l, '2J For general reference only: Important caveats which must be considered when using this data are available from the Nantucket GIS Coordinator. Disclaimer The information displayed on this or any other map produced by The Town of Nantucket is for reference purposes only. The Town of Nantucket does not guarantee the accuracy of the data. Users are responsible for determining the suitability for individual needs. All information is from the Town of Nantucket Geographic Information System (GIS) database. " ~'lI. J\ Ji' 'h ",,> C#'- -'~;:.:;4.J" Ii "V u. Town of Nantucket, Massachusetts Map Composed 8/8/2008 Copyright 2005 Town of Nantucket, MA All rights reserved. Developed by AppGeo http://host.appgeo.comlnantucketmalPrintableMap.aspx?Preserve= Width&Map Width=216... 8/8/2008 eu: N89.31'10'E eo 0 31.19/ 50.16/ 0 0: 0 -.. .......-- NSr23/41'E 2.2/ :r: I- ~ 0 Z > , ... ..?:~:- C) C) ..q- ~ <Xl (\.J ..q- If) . ("') 0 z HOUSE > LC25S22 A 1,372 SF. ~ (X) <Xl 4,131 SF. ..... If) ...... -.t If) 0 . ....... 0 Vl 76.93/ Ssr07/50''vI NOTE: LOT AND STRUCTURE PREDATE ZONING eo: M: .... M FARMER STREET , I CERTIFY THAT AS A RESULT OF A SURVEY MADE ON THE GROUND, THAT THE STRUCTURE IS LOCATED ON THE LOT AS SHO\.lN \.11TH NO VISIBLE ENCROACHMENTS, AND DID COMPLY \.11TH THE ZONING SETBACKS IN EFFECT AT THE TIME OF CONST- RUCTION. THE SITE IS SITUATED IN ZONE ' C ' OF THE F .E.M.A. MAP SHEET # 0011 D COMMUNITY #250230.' j~~~ t~~: __J.l)ko:-(J...L;;P.9.~... ZONING: ROH MINIMUM LOT SIZE: 5,000 S.F, MINIMUM FRONTAGE: 50 FT FRONT YARD SETBACK: NONE REAR & SIDE SETBACK: 5 FT GROUND COVER RATIO: 501. PLOT PLAN OF LAND IN NANTUCKET, MA SCALE: 1':::: 15/ DATE:JULY 15, 2005 JOHN J. SHUGRUE, INC. 57 OLD SOUTH ROAD NANTUCKET, MA 02554 FOR: JAMES R. & ALIX C,HOUGHTON 'vIELLS FARGO ASSESSORS MAP 42.3.2 PARCEL NO. 10S #731SMPP '''' ----- ~_,".~_"J!~I!lJf7.1~_,___IIL.~ """-,,-*,",,. ~~''"';l!!.,'I..j:':M ~co<Z =-^-- , ',\, ", , , 1-' BUILDING-STRUCTURE INVENTORY FORM I I NANTUCKET HISTORIC DISTRICT COMMISSION I NANTUCKET, MASSACHUSETTS I SURVEYI FILM ROLL #: MAP/PARCEL#: O~)-)$-~ C ( ? _ ?:;, 2~ " i 6 '? Recorded By: \ - f'\' -(r:::- (~- 1 ... .. ~ __'" , Date: I \ \ Z~- . ~. Organization: ;>L>C. IDENTIFICATION: 1. STREET NAME & NO.:t- ~N\C7~~-. 3. OWNERSHIP: 0 a. public cui. private 2. BUILDING NAME: ~ 4. PRESENT OWNER: C.-0\-e . r"'f'\C\' D. 5. OWNERSHIP HISTORY: (include owner names, date(s) of owners~ip, and information source) . ~?:~~(\~ 6o.v... c.~('i~er5..uo.$\ I &O:~(rt\o.~.. ~ ICJ'~ DO. <"'J;\t 5"'. ~ 11\6 .," &~:~~ ..~ ~~3o",,~~~~~'d=-\(~r;:_~.c;~~tt'_~V.~~ Iq~~- '. c.ro~ ~..~ G~. .ce. .' _ 0. \ .\~-?oq,(\-\1) Pe-k\:$..-Co\e.. lct~:i- Cale..+O Do\) \" ~. Cole. \ -Nttf\ ~\e...s Exterior visible from public road: Interior accessible, explain: ~Yes nb \ I \- Present: ~ I 1 ~ \ \"\ f\ 0... '~ /D)~@~Ul!7~m I n II Ii ~ UG JUL 0 6 2007 ~ Original: ~ A.J:e \"\ ""-~ o a. seasonal 0 b. year-round 7. ACCESSIBILllY TO PUBLIC: o b. No 36. STYLE OF ARCHITECTURE: o a. pre-1750, 2 1/2-story Lean-to o b. post-1750,1 314-story Lean-to o c. Typical Nantucket 4-bay o d. 1 3/4 story, 3-bay o e. Federal o f. Greek Revival o g. Gothic Revival o o. other: 37. HISTORICAL AND ARCHITECTURAL IMPORTANCE: o h. Oi. OJ. Ok. 01. Om. On. Italianate Second Empire Queen Anne Colonial Revival Shingfe style Bungalow Four Square o a Registry of Deeds: ~ ~ Assessor's Records: ~c. Lancaster, The Architecture of Historic Nantuckat, page: 0, d. H. C. Forman, Early Nantucket & Its Whaling Houses, page: ~ ~ Sanborn Maps, date: ~. NHA photos: o g. HABS research: o ~ NHA plaque recor$( 91. other: IV M ~\-e-s 38. SOURCES: /00 GENERAL SETTING AND ORIENTATION OF BUILDING: /_1 ,'/ <"; I L;~ ..,/ 39. LOT SIZE: - ! 0 a. 1/2 acre or less 0 b. 1/2 acre or more: 40. APPROXIMA IE FRONTAGE: feet 41. SETBACK FROM STREET: o a. gtsidewalk <9-b:1 0 feet or less 43. SURROUNDINGS: (check several if appropriate) 42. ORIENTATION TO STREET ADDRESS: 44. RELATED OUTBUILDINGS AND PROPERTY: See form(s): o c. 20 feet or less o d. other: ~ ridge parallel 0 c.. other: <Uk resident 0 [E @ [E [j iJJ [E.~ o e. comme i III 9--? old hist dism 062007 LVI By -- o a. barn ~ ~/ carriage house ~ garage o m. scallop shanty n. o b. privy o f. shed o j. greenhouse landscape features: o c. ~ shop gardens fence o. other: o d. arbor o h. deck Q--V parking 45. OTHER NOTABLE fEATURES: (Building or site induding interior features if known) 4. l: Revision 5/89 RAFIMF . ''J'"~'z'-''' ~",. n tWU \D) [E @ [E \J ~1 i~ ~ l\nl JUL 0 6 2007 ~ By_ lofl 7/3flOO712:38 PM l0?OlS ~) ~ @- ~ u ~ ~ \ ~\ ~ \ ill .nj \ JUL 0 6 20G7 \ \\ \ d.l LJ 8y_ :: f--.. ,) . ' '~.,/. .. I...............'.... ......!"'l-......~.... .' '-1-. ":,....,.-.,""'- ' . ;- ~.~ ~ .' ' '. ~ '. ~ .j "'. i .-::s ~ ~ 0- .... - . .~.... ~, ...-... , ~) I i ~ ~~ "" ~ - . ['VI ft , (.~_\ ~ /,~ ,_/---_._'-----~ \, Houmton HDe \ 7 Fanner Street \ Old Business \ October 9, 2007 J\ P'~! I,,; I v \ v 1019/01 Re . ed Additions: _ . 9 SF to 1st floor ground cover; originally 1,330 SF _ Adding 796 SF to 2nd floor, originally 988 SF _ These new additions still allow the new rear additions to be built within setbacks Other Concessions: - Did not move existing (3) bay Main Mass - Did not remove any existing trees. - Did not add (2) additional bays for five bay house. - Therefore, we are retaining the existing 3 bay configuration. - Because we lost 1,000 SF of additions: * Had effect of losing (2) bedrooms and (1) bath * Lost 2nd stair, therefore raised rear L connector to access over garage. - Again, does make building conform to current zoning. Still retaining: _ Removal of existing rear additions and replacing them with new ones. * With gambrels in a smaller scale to match existing slopes. - Raising existing main mass 24" * Brick clad and painted black. * Basement window well openings also clad in brick _ New garage addition with a single-bay, cedar-clad garage door. - Two new shed dormers on main mass _ Changing out all existing 19449/9 windows and replacing with new 12/12's *These will still be true-divided lights with plank frames. - The rear masses receive 6/6 to mark them as a different periOV' - All existing major posts, beams, rafters and perlins. ' - The existing chimney. - All side wall shingles will be replaced with new. _ All existing asphalt roof shingles will be replaced with red ced~. ~) CER~ATE NO: ,51 L.lOj 'J.- - DATE ISSUED: ~ Application to the HISTORIC DISTRICT COMMISSION. Nantucket, Massachusetts, for a CERTIFICATE OF APPROPRIATENESS for structurel work, All blanks must be filled in using BLUE OR BLACK INK (no pencil) or ~ark~c~~~in Mind prior to submittal of application. IOTE: It Is strongly recommended that the applicant bel farlllar rlth thtS ~~~l1,~~~~~~'PII~~"g~f ~~'~ot ': reviewed by the HOC. Please see other side for subm tta requ remsn s", . f Appro riateness under Chapter 395 of the Acts and his is a contractual agreement and must be filled out In Ink, An appllcallon IS hereby made Jor hSfuanc~ Ofa~~~:~:~gO this apttication and made a part hereof by reference, lesolves of Mass" 1970, for proposed work as descnbed herein and on plans, draWings an P oograp s" 'ma impede issuance of Certificate of Occupancy, 'he certificate is valid for three years from date of Issuance, No structure may differ from the approved application. Violation Y N nM+v.<.ki I !VI ^ Telephone: -1..2.'1.. '11.0(6 (on island) AGENT INFORMATION (if applicable) "'-\ "-\-I,,ILY'l \V\' M ...\\ru. g, AIJ.f,-'(:.. Fn...... O~\... \J ....\ tu.c.\c.e.;. , H A 0 ^ SS'''I Telephone: ;Z:Z B' b', B"\ (on island) () 2 5~1 ~ OFFICE USE ONLY Date application received: J. (0 7 Must be acted on by: 7/ r, " I ,......... ~ ".-*~ @--~0= Chairman' p CJU1J..LJ ( ~ Member: ~ Fee Paid: $ -1:: 7 z.. PROPERTY DESCRIPTION rAX MAP NO: 4:1. . '!l, 2 PARCEL NO. \ 08 >treet & Number of Proposed Work: '7 F '" .....U' b-\'/'ee~ )wner of record: ~...... e A \ ill: \-\ OIA. 0(., to\'l >1alling Address: J F Go"""" b-t...o-e.t (off island) Member: (off island) c:: Steps o Shed ~ 'lame: lAailing Address: _.. C.,.>or Cnan~ Fence = Garage = Gate DESCRIPTION OF WORK TO BE PERFORME See reverse for required documentation. = Garage/Apartment = Commercial ::: Paving = Move Building = Demolition ~..e-I'l' O.....'e:::ng / ~- Addito" ._ O:~et ~t'..tea,se sp-e~rl)') S.:ze 01 Stp,j'ct~re or ;'ooaOtt. , y Lsnglh: 7:l - 0 'N~h: -4\'- o. Sq. Footage lstfloor. \:~3oSf AU:,;.., Decks: Size: R')( ",' ~1Jtlloor C 2nd II ocr fr."t St"r Sq. footage 2nd lloor: q 56 'b'i' J>J!HI_ Size: .,' x 5 \ ~st floor CJ 2nd floor M.... P.."," Sq. footage 3rd Iloor: , , , Difference betweel1 existing grade and proposed finish grade: North E><.\ 1>1 '~ South E", f>-t"O East --.EX;'i<:.t~ West "E,I,t61'O \ \1 \ l\ , U "'" 4' "'1 Height of ridge above final finish grade: North :l,\- 0 ~ South 7.. -0:L East 2.2.-(. - est 'J -f> I\dpiliMI!~ f39m",k~, Rl;VISIONS' . LEastE1ovation'1"~e>'I"N \: _ ~~"'~ve e"\~t'"\). ~,e..r L. ""09:"'" 6 ~....tJ"'- ;';J!'~"~ .;=-~' (descnbe) 2. South Ele1/lltion ~e.>._t-e ., x\~"r\. \1\.\. m.o}, ~e\.""~, O - N.... .JJ.1t"/l} ~ ",..\n ......... -\. \ove... to:s 1..... rlgl-,al uata 3. West Elevation .JR '""1 Original Builder: , f.Jew Yu.r L, f,\'e.o\ II \j""'I)~ ;1101\& 4. North Elevation A \\ IICIIU -to..,J,..tt.Vll>\ 1\ew s~ d..t..~ 'Cloud on drawings and submit photographs of existing elevations. , ~ .... ~ '_ DETAIL OF WORK TO BE PERFORMED I / A-l ~""" l 01 t..~. Foundation: HeIght E~posed \ R" _ j!lock L' Block Parged 0 Brick (type) AJ" ....4\.. pi"'" '''"'1 f?J Poured Concrete 0 Piers Masonry Chimney: ' Block Parged 6 Brick (type) ~"i~~' ~. CJ Other Roof Pitch: Main Mass s12 /12 l:\Ift\. Secondary Mass ~/12~ Dormer ~/12..J\GllL Other It I I. ..... Roofing material: Asphalt ManufActurer - Wood (Type: Red Cedar, White Cedar, Shakes, etc.) 1::....0 C<efL., .- Other Manufacturer Is there an HOC survey form for this building? = Yes = No Fence: Height: Type: Length: Skylights (flat only): Manufacturer Rough Opening Size Location /.. Manufacturer Rough Opening Gutters: '. Wood (type) M.~c1 "")~1'O -+ ",,,\ _ Aiuminum Leaders (~rial and size): ~"~. 'b.""J. in ,G"f~' Sidewall: -= White cedar shingles M.~J, ""i'""""'.~ ""hto- '- Clapboard (exposure: _ Other - Trim: A. Wood =)'ine Redwood 6~edar == Other B, Treatment of. Paint =-' Stain-solid == Natural to weather :J Clear oil finish C. Dimensions: Fascia....1d- e.I.,.... Rake 1...U. e>.ol"v Soffit (Overhang),..1JI eo1"'5' Corner boards 1I-w, &."1~ Frieze ~...t ~il\-. /, WindOW, Casing ~,,:t Door Frame I'\~ F.~... l> Columns/Posts: Round -=-- Square ~ ,/, -- - v ... ,,~~c 11.1 I J,J Windows': ~ouble Hung - Casement :::: All Wood =-. Other All QpM' ",;nJ..., "B.on. t.J. , f,'''~'' - 0 -~ I +.- d1iVi' '1 True Divided Lights(muntins) _ SOL's (Simulated Divided Lights) Doors' (type and material): Front, (0 - ~ ""''''( Rear q - I;~t f z_ p.....\ Side 'i - 17fn J L- f..../ Garage Door(s): Type 0 110 Material ~ el- c J.1. II<' V"1Y'..svc- Landscape materials: Driveways ~4.~. Walkways \S\\.\c....n...<. Walls \. b.. lel-.:N""~ . Nole: Complete door and window schedules are required. Size Location Copper inches) Front = Side ':J &WrM !r,..,,,,,,,, I COLORS Sidewall ~ \J~~.,r Clapboard (il applicable) Trim "'\...h.,,~.._+ r'\r-r1 Sash \... \ o'^h.Gtcl- l.,""l Deck M ..\....'0 -n l~,....+:k..r Foundation 1<; \ 0 c,K . Attach manufacturer's color samples if color is not from HOC approval lis!. I hereby authorize the agent named above to act on my behalf to make changes in the specifications or the plans contained in this application in order to bring the application into compliance with the HOC guidelines. I hereby agree to abide by and comply with the terms and conditions of this application. I hereby agree that the submission of any revisions to this application will initiate a new sixty-day review p . I " - - ./ f' .. Date Si nature of owner of record _ /lU/ V VI. -'0 L-- 5i ned under nalties of e u Rooh-" \.ll~...A'N Doors 'U Cl." h.,\<eA- G "<1 Fence!. "'....l-t.."" Shutters \J..."hu.~t 'i'r'1 ~t ~~ i -~I ~ QJ [...pt-u-? r [... .., .J 5p,I(,' ~I,I" r-- I I I I I I I I I I I I 1 - - - - -r ' I I I I I ! IJ r , - fAfct1f.f:o' ~f f'e.e.f 15'"p. AI117;'.J4 :,'6'",.(: "",~(~,,,.,J 'lAH p",,~' ",,,,'J.. (Jjj)- - ~---Ir.e.:-- A~I - I" iI' lo' ".:f t--. k .tJ .I/~l V_ ",Jf? 'f "'Of'." .'" ~~ f;(,fUI' ;, f"^1" v A"of"~ ~"",tp, ., 1:- \t) lJ..w 5T."~ FEr...IJ'1 W..U., frf 'Nf" ~ "f"'~/~'''' ~ ~''1' ~I"~/~ 1Af'? ~f'+,1'f' II 0000 GJODw [I 00 ~.. _ 001 _._ CD iZ-t.,JiJIIAjf;.(? ?PufH ~~tv'A-rI.?',.J ~Il <& II.". 1"Jl ''','''~ / /,' / ~ ~ I ./ c. 'I: 'r i@ I I L_-i I I I @ I I I I I .... - -' -(T\ fY.. ~;J, \I )".... fl$O \..J J~ 7..... e.. v E.-. V II -( I /l rJ GElEmEmm3 ir r I I I-- -r--- . ---'- ~ = R I.! I i rI1 I I \~, \ I I -1__J ar I I ~"; I 1 I I 4- --I G):-~f-~~_~-_;:r}---~.7--f~....c:r--...n.--_-;:;:-;-..-..F l'1 A;-. Vt'11 311 ;;i/J" .~ V t V).,f I R J mm1..... lHmll 1'..1,,:., I'.i,........... . -t ,. !... .' . ~ k_ ..' . I I ; ~ \1........ \: . '.' \ . I I I '~', I L_~ '- \ _ --1.._______ -':::- .\ I .J II.................... mR1TI.......,.....1 -m .----------- I I ---L , 14; ! I - I . L_~ ~--.~-..~.,:J ~ u.v~--T-t ..t-.~_i2.-~ - -~-_:x_:...._!i :.f.-::-' - ._-- '-If;' "j;.'- e-v .... l' I IJ ,.J '-. '- '-. EXPANSION OF GROUND COVER BY SPECIAL PERMIT 065-00 Seven Lyon Street 7 Lyon Street 4,307 SF 22% - 44% 043-02 Werdiger 154 Main Street 3,912 SF 39% - 39.9% 009-03 Bennett 4 York Street 3,112 SF 33.65% - 38.66% 036-03 Krough (Sconset) 16 Broadway 2,234 SF 44.6% - 48.6% 064-03 Churchill 6 Beaver Street 3,293 SF 34% - 45% 071-03 * Hunt 7 Lyon Street 4,307 SF 22% - 44% 074-03 Waine 10 Vestal Street 4,756 SF 13.6% - 37.5% 065-04 Clinton 6 York Street 3,665 SF 30% - 33.2% 082-04 * Ferrel 5 Farmer Street 2,443 SF 41.67% - 45.35% 088-04 * Treyz/Shaw 60 Fair Street 3,252 SF 30.5% - 37% 008-05 RestorationACK 43 Center Street 3,819 SF 30% - 40.35% 014-05 Saperstein 20 New Street 3,135 SF 35% - 38% 024-05* Deuberry 4 Charter Street 4,409 SF 34.27% - 46.56% 068-05 Garrison 11 Union Street 4,400 SF 41% - 45% 072-05 Kozak/Moose 31 Orange Street 4,700 SF 29.4% - 41% 093-05* Muhlhauser 49 Fair Street 4,518 SF 29.6% - 42% 001-06* Norton 18 India Street 4,561 SF 32.3% - 42% 034-06 Minucci 4 Hussey Street 1,620 SF 41% - 47.8% LOCUS: Houghton 7 Farmer Street 4,131 SF 33.2% - 40.0% *Included in packet for illustrative purposes and review by Zoning Board of Appeals 0.00322 TOWN OF NANTUCKET 105191 BOARD OF APPEALS NANTUCKET, MASSACHUSETIS 02554 Date: Oc.~ fo..Qr ~ ......., -, ..... ,,'--: ~t.'. , 2Q93;.i :Co' ~ ~ .... .... To: Parties in Interest and Others concerned with~he Decision of the BOARD OF APPEALS in the Applicati~. of following: -u tbal N o Application No.: owner/APPlicant:~I~O lDo~LI\O_ tn. ~I\-r- 07J-d3 fl.. f.Iv trJ- and 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 to the Town Clerk so as to be received within such TWENTY (20) days. \p 1~ I\J ~. l.\rPr\S ,Chairman 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 g139-301 (SPECIAL PERMITS)J ~139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. oooa30 105191 NANTUCKET ZONING BOARD OF APPEALS 1 East Chestnut street Nan tucket, Massachusetts 02554 Assessor's Map 55.4.1, Parcel 9 Certificate of Title No.~ Seven Lyon Street Land Court Plan 88184-A Residential Old Historic /';~) 1l"J \ <i.4- ~ ~.._.. _..n..lC,J DECISION:- ,z.\ ')..,0\-'0 At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, August 11, 2000, at 1:00 PM, in the Conference Room, Town Annex Building, 37 Washington street, Nantucket, Massachusetts, the Board made the following decision on the application of REGINA H. HUNT AND WAYNE M. HUNT, of 278 Hothorpe Lane, Villanova, PA 19085-1116, Board of Appeals File No. 071-03: 1. Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33E(2) (a) to allow the increase of the existing ground cover ratio of about 22% (about 961 SF) to about 44% (about 1,911 SF). The Applicants propose to construct additional ground cover, which will involve an addi tion to the existing dwelling and a new garage, which may include a secondary dwelling. All of the new construction would meet all other dimensional requirements of the By-law, including setbacks, and the Locus would comply with all parking requirements. The Locus is nonconforming as to lot size with the Lot containing about 4,307 SF of area in a district that requires a minimum lot size of 5,000 SF; and as to side and rear yard setbacks with the existing single-family dwelling being sited at about 3.9 feet at its closest point from the easterly side yard lot line and at about 1.4 feet at its closest point from the northerly rear yard lot line along Twin Street, in a district that requires a minimum side and rear yard setback distance of five (5) feet. A predecessor-in-title received a Special Permit for the same relief in the Decision in Board of Appeals File No. 065-00 but never activated the permit. It has arguably expired and the current owners wish to have the same relief granted again subject to the same conditions contained in the original Decision. The Premises is located at 7 LYON STREET, Assessor's Map 55.4, Parcel 9, Land Court Plan 33184-A. The property is zoned Residential-Old-Historic. 2. Our Decision is based upon the Application and accompanying materials, and representations and testimony received at our public hearing. The Planning Board indicated that this matter was not of planning concern. There was no opposition presented at the public hearing, personally, by representatives, or in writing. One neighbor was present at the hearing seeking clarification of certain aspects of the project, but had no objections. oooa31 105191 3. Applicants, through counsel, represented that the Locus, which is one of the largest lots in its neighborhood, is located in a Residential-Old-Historic (ROH) zoning district and is nonconforming as to lot area, containing about 4,307 square feet, where a minimum of 5,000 square feet is required. The Locus is short of the required minimum lot size of 5,000 by only 693 square feet, and if it were conforming as to lot area, the maximum permitted ground cover would be 50%, and the Applicant would be permitted to perform this construction as a matter of right, without relief from this Board. As it is, the maximum allowable ground cover ratio for this subminimum lot is 30%. The Locus is conforming as to frontage, having 82.92 feet of frontage on Twin Street, where 50 feet is required, and as to front yard setback, having a setback of about 1.4 feet at the closest point on Twin Street to the north, where no front yard setback is required. Applicants represented that contrary to the address identification of "7 Lyons Street", the frontage was actually on Twin Street. 4. The Locus also currently conforms to the ground cover requirements of the By-law, with the existing single-family dwelling having ground cover of about 961 square feet (resulting in an existing ground cover ratio of about 22%). Under By-law ~139-33.E. (2) (a), Applicants may, by Special Permit, have a maximum ground cover of up to 50% or about 2,153 square feet. Applicant seeks such a SpeCial Permit under By-law ~139- 33.E. (2) (a) to construct additional ground cover of about 950 square feet (whiCh would involve a conforming addition to the existing dwelling and an ancillary structure that may be used as a garage and/or a second dwelling), for a total ground cover of about 1,911 square feet or a ground cover ratio of about 44%. All of the new construction would meet all other dimensional requirements of the Zoning By-law, including setbacks, and the Locus would comply with all parking requirements. 5. The Board issued a SPECIAL PERMIT to Applicants' predecessor-in-title on September 18, 2000, (File No. 065-00). The Permit granted the identical relief that the Applicants are seeking today. In August of 2002 Applicants obtained two Building Permits from the Town of Nantucket to perform work at the site pursuant to the SPECIAL PERMIT (Building Permit No. 771-02 and 772-02). Because of personal health and financial reasons, Applicants never began the construction work authorized by these Building Permits. Because the work was not commenced within six months of the issuance of said Building Permit, the Building permi ts were declared invalid by the Building Department, and by that time the two-year time frame on the Board of Appeals SPECIAL PERMIT had expired and the Applicants were unable to revive these Building Permits. The new contract purchaser intends to purchase the property in December of 2003 and begin construction activity in 2004. Applicants further pointed out that there had been no significant change in the character or composition of the neighborhood since the previous Decision in September of 2000. The circumstances that the Board .., oooa3~2 105191 based their previous Decision upon still exist tOday. 6. The Premises are located between Twin and Lyon Streets, and the Board took note of the fact that many properties in the neighborhood are nonconforming with respect to the requirements of the Zoning By-law, such as lot area, setbacks, and ground cover and have sought and obtained similar Special Permit relief from this Board. 7. Based upon these facts, the Board of Appeals finds that the proposed relief, increasing the ground cover from about 961 square feet (about 22%) to about 1,911 square feet (about 44%), conditioned as set forth herein, would not be substantially more detrimental to the neighborhood than the existing nonconformity and would be in harmony wi th the densely developed surrounding neighborhood character. 8. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested relief by SPECIAL PERMIT, under Nantucket Zoning By- law ~139-33.E. (2) (a), to allow the construction of about 950 square feet of additional ground cover, resulting in an increase of the ground cover ratio of about 22% (961:1: square feet) to about 44% (1,911:1: square feet) upon the locus upon the following express conditions: d. a. No material exterior construction associated with this Special Permit shall be performed upon the Locus in any given year between May 15 and September 15. The main dwelling shall have a maximum ground cover of about 1,527 square feet and shall have a maximum ridge height of twenty-eight (28) feet. b. c. The garage and/or secondary dwelling shall have a maximum ground cover of 384 square feet and shall have a maximum ridge height of twenty-four and one-half (24.50) feet. The maximum permitted ground cover on the Locus, without further relief from this Board, shall be 44% or about 1,911 square feet. All of the new construction shall meet all other dimensional requirements of the Zoning By-law, including setbacks, and the Locus shall comply with all parking requirements. f. The front yard setback shall be measured from Twin Street not Lyon Street. e. ') . \., 0003~;) -". leIGHl (ZBA 071-03) Dated: October ~-r, 2003 , . ,::, :':~~:;::';';.~ ,'II' MT ''W", .,.t ~:\l' Oe....,', , .' 0' ..."......'., 4'.. .1' .,;., ,,~~. .. .'. ,~ "' .~.; . l-l~ ..,'-:, ; .':>~t'~~/.><, f -~.'i.- g r:;, ~'._"~",:~~:/~~UE,99py ~ ~ : ~oi.o;. ".' .' ;;aJ';'."'.~~"~.'.'..:.'" , :", . ..'."....'~.~:" ::. .~:.. '.".- ~~ - :;.. ::\: ::.-;t~. -"+".:. ~.::":.~',~ ".'.# )4"~'~'-. ~~;. (~,~. . :::i~i~G~ iOwM.blERK ....'" ;j)~- ;...........~.~. \," ,..' ,-..,,-.:. ",. v /7 A J ; tJ ' ". . '. J , . . I t 1 . " .~... ~ '." . . - i ~'t" ~ c. ,~......_ "'''''-'''' W"'- ,!y., Ii..'. ~oIti1" I Inft.l Nfl VI'\ .i. .J:"-iA ,. ~\ ,Iii"..",.. \ :,. .', 'III>>ec:eoN WIU t=:tl..t'J.' INnm (W p; ';,'., 10WN a..su. ANO nt,,-,.. NO Afi't!,..\l; ~ lb:: p: .... . 1'0 W\~~~I'U";"li NOV 2 0 2003 ~I ..~ JJ 1fT . f l I. b. W'W--1 ~ r:' d.tfV",,?'" ~ __.:. ,.. .,~.~;UIJO 105191 .... ::;;. :,.. "'.>:'" ~ I ....., ~~ ~ r,J -. ~ "" ("j ,.., C'U ..-. --' ~ ~ BOOK 9 31PAGE017 4 . . TOWN OF NANTUCKET -'\,' \ ". >...~ ~,.: ..... .", i ' ,,: . . >' ~\ \1 .~ \\.. J. 't~~.~' , ~........,.jJ.~ , '. To: Parties in Interest and. Others concerned with the Decision of ,the BOARD OF APPEALS in the Application of the following: .BOARD OF APPEALS NANTuCKET, MASSACHUSE'ITS ~54 s! ~ ~,. t::J . ... ~;:F';' t8 ~ate: .~ar\~ \f~~~ 2*01 Lj rl -0 r" \..it N .;;;) m ;--:J il'. .;--) Application No.: . .. O~Z -01 ovDer/APPlic~n~'~1 E:.E(OV) tRPi-e( . - .. ... :'~ Enclosed is the Decision of the BOARD OF APPEALS w~ich has this day been filed in the office of' the Nantucket Town Clerk. An Appeal ~rom.this Decision may be taken purBu~t 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 ofthe. complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. ~%l~~n cc. Town Clerk Planning Board Building Commissioner PLBASE HOTB. MOST SPBCIAL PIRMITS AND VARIANCES HAVE A TIME LIMIT AND WILL BXPIRB IP NOT ACTID.UPON ACCOR>>ING'TO NANTUCKET ZONI~G BY-LAW 1139-301 (SPBCIAL PI.HITS), 1139-321 (VARIANCaS) . ANY QUBSTIONS, PLBASB CALL THE NANTUCKBT ZONING BOARD OF APPBALS. '" BOOK 9 31 PAGE0175 ...~~... ZOMDIe BQUtI) or unaL8 OD. ...1: Cbe.1:Du1: S~1: KanbJake1:, ......ah118.1:." 02554 Assessor's Map 42.3.2, Parcel 160 5 Farmer Street Residential-Old Historic Plan Book 4, Page 39 (No lot number) Deed, Book 913, Page 17 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, .on Friday, November 19, 2004, at 1:00 P.M., in the Conference Room, in the Town .Annex Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the following decision on the application of MARY ELLEN FERREL, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 082-04: 2. The Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law S139-33.A(9) (alteration and expansion of a pre-existing, nonconforming structure), and S139-33.E(2) (a) . The Applicant proposes to alter a pre-existing, nonconforming dwelling by expanding the structure in an upward direction within the existing footprint, without increasing setback intrusions, and by enclosing a portion of a deck, which would increase the ground cover from about 1,018 square feet, for a ground cover ratio of about 41.67%, to about 1,108 square feet, for a ratio of about 45.35%. The Locus is nonconforming as to lot area, containing about 2,443 square feet, in a zoning district in which the minimum lot area is 5,000 square feet; as to side and rear yard setback, with the existing dwelling being sited as close as about 0.2 foot from the easterly side lot line and as close as about 1. 6 feet from the [northerly] rear lot line, with the minimum side and rear yard setback in this zoning district being five feet; as to ground cover, with the locus having a present ground cover ratio of about 41.67 feet, as set forth above, with the maximum ground cover ratio in this district being 50%, but 30 % for undersized lots of record; and as to frontage, with the locus having frontage of about 48.77 feet on Farmer Street, and the minimum in this district being 50 feet. The Locus is situated at 5 FARMER STREET, Assessor's Map 42.3.2, Parcel 160, is shown upon a plan recorded with Nantucket Deeds in Plan Book 4, Page 39, and is situated in a Residential-Old Historic zoning district. 3. 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, on the basis that no matter of planning concern was presented. There was concern as to parking issues affecting BOOK 931 PAGE0176 the Locus as stated in two letters of opposition on file and also expressed by an abutter present at the public hearing. However, no opposition to the proposed expansion itself was presented at the public hearing. 4. J\,s presented by the Applicant's counsel and architect, the Applicant proposed to upwardly expand the existing single- family dwelling within the existing footprint, and to construct an enclosed addition in an area where a deck, not constituting ground cover, presently exists. The alteration and expansion within the existing footprint requires a Special Permit, based upon a finding that the project would not be substantially more detrimental to the neighborhood than the existing nonconforming conditions. The increase in ground cover, within the maximum of 50% allowed for full-sized lots within the Residential-Old Historic zoning district, also requires a Special Permit, based upon the same criterion. 5. No objections or concerns were presented with regard to the proposed changes to the dwelling, per see However, neighbors expressed concern by correspondence and appearance at the public hearing, that the existing parking conditions upon the Locus be improved. Applicant represented that The parking space for the Locus was historically situated adjacent and parallel to Farmer Street, and was less than seven feet wide according to the testimony of the neighbors, who discussed the fact that Farmer Street was an extremely narrow two-way street, and that any car parked within the existing space was likely to extend into Farmer Street and to affect traffic on the street. 6. Applicant represented that under the provisions of the Nantucket Zoning By-law, no change was required in the grandfathered parking situation if there was no change in the number of parking spaces that would be required. Nevertheless, at the public hearing, the Applicant's representatives expressed their willingness to reconfigure the parking area, so that there would be an on site parking space at approximately a 90. angle to Farmer Street, at least 18 feet long and 9 feet wide. The neighbor who was present at the hearing and had expressed concerns as to parking issues stated his full satisfaction with this proposal. 7. Accordingly, by UNANIMOUS vote, the Board of Appeals makes the finding that the proposed upward expansion without coming any closer to the lot lines and increase in ground cover by the construction of a new addition would not be substantially more detrimental to the neighborhood than the existing nonconformi ties upon the Locus, and by the same UNANIMOUS vote GRANTS the requested relief by SPECIAL PERMIT under By-law 5139- 33.A(9) and S139-33.E(2) (a), to authorize the expansion of the 2 BOOK 931 PAGE01?7 existing dwelling as requested, subject to the following conditions: a. An on-site parking space, at least nine feet wide and eighteen feet long, shall be pr.ovided; b. The proposed addition shall be constructed in substantial compliance with the plans as approved by the Historic District Commission in the Certificate of Appropriateness No. 44860; and c. The addition shall be conformity with the site plan done by Associates, Inc., dated November 5, 2004, 2004, a reduced copy of which is attached Exhibit A. done in substantial Charles W. Hart & revised November 23, hereto and marked as Dated: Dated: ~ I ,2004 Edward Murphy Jcam 'f'M~T2DnA'YS1IAVl1lA"~ "~~WAS PUDINTHlotfICIorM ~~APPIAL. MAl.,. .. .~.. '.Ib.-I -.. --". ~-... ~'.". DEe 2 2 . 3 I BOOK 931 ?AGE0178 .. "'" CURRENr iONINO ClASSIFICATION: Resldintial Old Historic (R-OH) DCrSTJNG: e~11 (($,.r fJ MINIMUM LOT SIZE:. 5000 S.F. MINIMUM FRONTAGE: 50 FT. f'RONT YARD SE'TBACI<: none R~/SIDE SETBACK: 5 FT. GROUND COVER X : SOX :0, s:~ . . f'f.AN. . . . f'f.AN. . . $(E. 1!f.AN. . ....'. 42.J.2-162 JOHN N. cu&. JR.. TRtJS1EE 27.65 42.J.2-189 N/F L ct T.H. ST)'TZER 42.J.2- 108 N.h PfJ'ER D. axE r NEW DECK 42.J.2- 759 P.w. sL ct A. W. CUNNIFF' CIQ - ..: It) PROPOSED ADDmON ---.., I J PROPOSED I 9 K 18 J PARIOHG J SPACC I I I &77 .t~\ t~\ STREET FARNER ZONINC' BOARD OF APPEALS SITE PLAN ASSlSSfJRS J/U 48.t P8iCIJ 180 ------. tJ! fill .. .. 'Q i~c! .~ 1= i { ~ . ~ 1 J J.. ~ iD~"" 1::_ :!C!< 000328 .-4 e') .-4 lfJ o .... 6 :z:. C ~ g o ...\- (1) - ....~ ~cr: .... ul . p- o ..J :z ~<C t::- Q) 'J E ul g~ o !~; f, j ~.l .$- ~ ~2 .# ~ - a: C 8 ~~E .! C'oJ CJ ~ C\l .w _ 0 ~rl .... <:...:> 0 ~ L.LJ I.L "'t'Cl :r:: ~ ~ g ~ ~ g ~ ~~ 1.051.91 ci z ~ 6 () 0 cr: CD i= ~ ffi 1= ~ ~ o f{1 I-' g ~ m z ~ '< \ : BOOK 9.3.5PAGEo.256 , . TOWN OF NANTUCKET ,BOARD OF APPEALS NANTUCKET, MASSACHUSE'ITS 02554 ..' Date: . D2<!~~Y' ~7 ' 2rbt.f To: Parties in Interest and. Others concerned with the Decision of .the BOARD OF APPEALS in the Application of the following: Applicatfon No.: ~--'OH , Owner/Appl.icant: .- $?fu~C1f2:.', fro V'lW; st,Oil)r~ ~ c3'n'cj...fOr-/ MfrL fA " -<f"reC{ 2- , " ", Enclosed is the Depision of the BO~RD OF APPEALS ~~ich has this day been filed in the office of'the Nantucket Town Clerk. An Appeal ~rom this Decision may be taken PU~8u,~t to Section 17 of Chapter 40A, Massaohusetts General Laws. Any action appealing the Decision must be brought by filing an complaint in court w~thin 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. ' CCI Town Clerk Planning Board Building Commissioner PLEASE NOTEI MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT A~TBD.UPON ACCORDING-TO NANTUCKET ZONInG BY-LAW 1139-301 (SPECIAL PERMITS); g139-32I (VARIANCES) , ANY QUBSTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. BOO K 9 3 5 PAGE 0 2 5 7 NANTUCKET ZONING BOARD OF APPEALS 1 East Chestnut Street Nantucket, Massachusetts 02554 60 Street, Nantucket Assessor's Map 54.4.1, Parcel 130 Residential-Old Historic Plan Book 18, Page 32 Deed Book 139, Page 124 DEOSION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, December 10, 2004, at 1:00 P.M., in the Conference Room in the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the following Decision on the Application (088-04) of the PST ATE OF MAXINE SHAW (OWNER), c/o Vaughan and Dale, P.C, PO Box 659, Nantucket, MA 02554, and for DEBRA B. TREYZ, CONTRACT PURCHASER, of 42 Seven Bridges Road, Olappaqua, NY 10514, in connection with property known as 60 Fair Street, Nantucket, Massachusetts. 2. Applicant (Treyz) is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33A (alteration/extension of a pre-existing nonconforming structure/use) and Section 139-33E(2) (increase ground cover on a pre-existing nonconforming lot of less than 5,000 square feet). Applicant proposes to renovate the existing structure by removing an encroaching 1972 addition and constructing a new conforming (as to setbacks) addition. The ground cover ratio would be increased from about 30.5% to about 37% (an increase of about 210 square feet). Applicant also proposes to add a dormer to the roof of the structure that would be partially located above the maximum height allowed of 30 feet but would not exceed the existing nonconforming height of the ridgeline of the dwelling. The encroaching addition was constructed at the allowed zero side yard setback distance pursuant to a validly issued building permit However, a portion of the addition was constructed to a point that encroached upon the abutting property. The Locus is nonconforming as to lot size with the Lot having an area of about 3,252 square feet in a district that allows a minimum lot size of 5,000 square feet; as to ground cover with the Lot having a ground cover ratio of about 30.5% in a district that allows a maximum ground cover of 30% for undersized lots; as to setbacks with th~ stnJcture being sited less than one foot from the easterly side and rear yard lot lines in a district that requires a minimum side and rear setback of five feet; as to height, parking and use, having an apartment constructed within the dwelling on the Lot BOO K 9 3 5 PAGE 0 2 5 8 The Premises are located at 60 Fair Street, Assessor's Map 54.4.1, Parcel 130, Plan Book 18, Page 32 The property is zoned Residential-Old Historic. 3. Our Decision is based upon the Application and accompanying materials, and photographs, affidavits, representations and testimony received at our public hearing. One abutter, whose property is located in the immediate neighborhood on Orange Street, appeared and spoke in favor of the Application, endorsing the location, scale and design of the project as proposed. One abutter whose property was located across Silver Street from Locus, through counsel, spoke in opposition to the Application, expressing concern that the proposed improvements were oriented toward the back of the property. The Planning Board made no recommendation finding that the Application did not present any issues of planning concern. 4. Applicant, through counsel, rep~d that they were in the process of renovating the existing structure and wished to remove existing ground cover and construct a new addition and expand interior living space with the addition of dormers. Applicant presented an affidavit from the owner evidencing that the structures and use of the dwelling as a residence and separate apartment were pre-existing and nonconforming since a time prior to the enacbnent of the Nantucket Zoning By-law in July 1972, except for a 1972 addition built according to a validly issued building permit in compliance with the zoning dimensional requirements at the time. In addition, the structure clearly showed in substantially the same configuration on aerials in the town records from 1938 and 1957. 5. Applicant represented that the existing improvements on the Lot were shown on the "Building Location Plan" dated December 8, 2004, prepared by Charles W. Hart and Associates, Inc., a reduced copy of which is attached hereto as Exhibit A. The dwelling on the Lot had a three-story addition that was built on the east side of the structure in 1972 in accordance with zoning in the Residential Old Historic District at the time, which had no minimum side yard setback requirement and 70% maximum ground cover; however, the addition was inadvertently built over the property line onto abutting property to the east by about .42 feet. The addition consisted of ground cover of about 41 square feet, and the total existing ground cover of current improvements on the Lot was about 30.5%. Applicant proposed to remove the 1972 addition entirely, removing the nonconformity as to side yard setback and construct a two-story addition with living space, basement foundation and a covered porch on the west side of the dwelling that would be conforming as to setback requirements. The total area of the addition that would be countable as ground cover would not exceed about 255 square feet The net increase in ground cover would be no more than about 214 square feet, which would result in a new ground cover ratio 2 BOOK 9 3 5 PAGE 025 9 of about 37%. 6. Applicant stated that due to the drop in grade of the property from Fair Street to Silvet Street, north to south, the highest ridge height of the existing structure as viewed from Fair Street was about 28 feet and as viewed from Silver Street was about 37 feet. The proposed dormer addition to the back of the dwelling would possibly be constructed within the area of the roof that was situated higher than the maximum allowed of 30 feet from existing grade but would not be higher than the current highest ridge height Therefore Applicant was seeking relief by Special Permit in order to work in the area over 30 feet. No parking has historically been provided on site. Owners oftbe property have parked at the end of Fair Street directly in front of the structure. As part of the renovation, Applicant may also alter the retaining wall by moving its location and grade line, which did not need relief from this Board. 7. Therefore, based. upon the foregoing, the Board finds that removal of a structure that encroached on abutting property and the modest increase in ground cover from 30.5% to no more than 37% would not be substantially more detrimental to the neighborhood than the existing nonconformity and would be a benefit in that the structure would be improved and an existing nonconformity would be removed. The increase in ground cover would also be consistent with other relief granted by this Board in the same area that is characterized as densely developed with a substantial number of properties over the ground cover requirements. In addition, the Board finds that the proposed dormer as shown on the site plan would not be substantially more detrimental to the neighborhood than the existing height nonconformity and would have minimal impact. 8. Accordingly, by a UNANIMOUS vote, the Board of Appeals GRANTS the requested SPEOAL PERMIT under By-law Sections 139-33A and 139-33E(2) to allow the removal of the existing addition on the easterly side of the structure and the construction of a two-story addition on the westerly side of the structure, that would conforming as to setbacks, and the construction of a dormer on the south side of the structure as proposed, based upon the following conditions: a. The overall ground cover ratio of improvements on the Lot shall not exceed 37%; b. The basement aparbnent in the structure shall not have more than one bedroom; c. The new dormer shall not exceed the existing maximum ridge 3 ----------,.___......--. .,.... -. -0, height; BOOK 9 3 5 PAGE 0 26 0 d. No exterior construction related to this project shall take place between May 15 and Septenlber 15 of any given year; and e. The encroaching 1972 wart on the easterly side of the structure shall be removed. Dated: December t7 . 2004 ....-- Edward Murphy -'1...,. Cc) .. d ~ =-~~ '-:::J rTi :? . . f- -..J ~-'i, '.0 '-v W N I aa"'-(11t~T70 DA \'$ f-t~ V1ll1A:PSm) ~ 1BE DB:&JH WAS FlUJ) iN mil omQt Of' 'ttti lOWNa.&tJC. AND1HAr NO AlVIAL HAI_ ....~~~I.\...~ 4IlUIC1IIIl11 ~~~ ~'~"',," < ',. 'JAN 1 1 2005 4 ZONING CwsmCATION: .~ ": q~ . . ..... irArA:. . . . .p:q 9.0. .;J;':'-. tat. FtiDNI"AQE: . . ~Q ./;"71 . . fIDlr 'WI) $.8.: . .-'Y~N~ . . RE'AR . SIDE $.8.: . . ~ . .r::-r.. . GROUND aMR (1:): . .~Q ~~ . . EXISTING: .:3 /C:!f ~.:i:;: {'..J:: .;1"ttr~ ~~~K .IN' 4 .. . . . . . . . .. F'Al'R, .:$'-4'."'./ - 7.!J. L n/f" s. h': WArA TRIC~~JS y .!F.!J'. .,.../- 12e /1./ ;c V.It.. K OOU!'~ 4'$.-1-.1- 131 It./f J. F'. ~E~ 4'S: --..'- 1/l..9 It./~ M. /f;'VA,I<S ~ N . ; sr. SI~VIZ.~ BUILDING LOCATION PLAN Of LAND IN NANTUCKET, MASS. ~ 3 5 PAGE 0 2 61 -----. lHIS PLOT PC.AN tIMS fIIMPNED FOR 'niE '"*" OF IrWmJaCET .. DIe DDWmIDIr OHLY 1M) SHOULD HeIr . ca~ A JIIIIJOfIIJftY UNE SUMv. 'JHIS PUN .IlIl.WUm....ILm f.STAIUSH JIROfIIRI't ~ NIl ANCI.LNI'Y IrItUC1'tNS ON 1Hf.' PROISD. 1'HE ~ LIiD SfIM/'flEL.Y ON CUMDIT rGDS MID PLAMS OF 1EClfID. DIS PLOT I'UM IS HOT A CEJmFlCATJOH AS TO JJ'JU OR OMJDlSIF OF aE PROfIIRTY SHOWN. 0lINRS OF' ADoIONNQ ~ NfE SHl:MtI ~ TO CJUJIRDIr A~S'ES9Oft IECORDS. ASSESSOR MAP: -?,.!{.;l-r J, . PARCEL: !~9. . Clv.l\llIlt.llI SCALf: 1. - llJ" t\\TE: ./)~c. 8.;a 0 O"J E"~.at-4 op. Owner: . ~o.B,A;R,'r. l.. .s},ot~,W . . . . . . . . Deed: ..t~.-.R.p,o. . . . PIon (~:~,r;.. . . . I.ocue . .tP,~ r('Vta.~;:' . . . . . . . . . . CRAiT.'@l.<t Y. IWn' " A.SSOCU.T!S, Inc. SAMPOID BOAr JJUIUIIIG .fee RAIII 1'9llftll JWm1CIIr. IWJS. 0256f (501) 228-1810 H- r. /' of "''TO. I( lEcoatlII). '0 \Q Iuu-ument_____ / / / , .. BOOK " 96 0 PAGE 0 2 0"9' . . TOWN OF NANTUCKET .BOARD OF APPEALS d VI NANTUCKET, MASSACHUSETIS025S~ ~"" -< .... ~ Date: ma~. 17 , . t,0~S- f~ N To: Parties in Interest and. Others concerned with the Decision of .the BOARD OF APPEALS in the Application of the following: Applicati'on No.: Oi{ i-.Q,5' oWer/APPlicant.--1f!&r:f .Y. _.DeuG~'t'Y!f. aY1('~ - ~<. If. 'f) e cJ "ti"'rr<f Enclosed is the Decision of the BOARD OF APPEALS wbich has this day been filed in the office of' the Nantucket Town Clerk. An Appeal ~rom this Decision may be taken purSu,aRt to Section 17 of Chapter 40A, Massaohusetts 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 to the Town Clerk so as to be received within such TWENTY (20) days. \.\ 1 \ r , . N 0_ Ju ~ r ~<: W<'" ,01- ~~d VY'e('ls) Chai.rman cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND V~RIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED.UPON ACCORDING' TO NANTUCKET ZONI~G BY-LAW 1139-301 (SPECIAL PERMITS), fi139-32I (VARIANCES) . ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. BOOK q 6 () PAGE f) 21J) ., NAR'J!O~ ZONING BODD OJ! APPDLS 1 .ast Ch..'tIlut Str_t: Nantucket, Ma.sachusetts 02554 Assessor's Map 42.3.2, Parcel 167 4 Charter Street Residential-Old Historic Plan No. 02-39 [no lot number] Deed, Book 795, Page 293 DECISION: 1. At a public hearing of ":h€! Nantucket Zoning Board of Appeals, which opened on Friday, March 11, 2005, continued to Friday, April 8, 2005, and continued again without discussion to Tuesday, April 12, 2005, at 1:00 P.M., i.n the Conference Room, in the Town Annex Building, 37 Washi.ngton Street, Nantucket, Massachusetts, the Board made the following decision on the application of ROBERT J. DEUBERF.Y and LORI A. DEUBERRY, c/o Reade,. Gullicksen, HanJ,ey & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 024-05: 2. The Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law S139-33.E (2) (increase in ground cover for a pre-existing lot of" ~ecord situated in the Residential-Old Historic zoning district not to exceed total ground cover ratio of 50%). The Applicants propose to demolish an existing garage upon the locus, which is currently sited within the required five-foot westerly side yard setback area and southerly rear yard setback area. A new second dwelling would be constructed, which would comply with all setback requirements. The locus at present has ground cover of 1,511 square feet; the area of the locus, as shown upon a plan by Charles W. Hart & Associates, Inc., dated March 28, 2005, a reduced copy of which is attached hereto as Exhibit A, is about4,409 square feet, for a present ground cover ratio of about 34.27%. The minimum required lot area in the Residential-Old Historic zoning district is 5,000 square feet. The maximum ground coyer ratio for an undersized lot of record is 30%. Thus, the locus is nonconforming as to lot area and ground cover ratio. The locus is also now nonconforming as to side and rear yard setback, wi th the present primary dwelling being sited as close as 0.3 foot from the easterly side lot line, and with the garage structure being si.t.ed-as ucloseas about 0.6 foot to the westerly side lot line and about 2.7 feet to the southerly rear lot line, with a minimum front and rear yard setback requirement of fi ve feE~t in this zoning district. The applicants propose to remove th'a existing garage structure and to construct a new secondary dwelling, increasing the ground cover ratio to about 46.56%. The required on-site parking spaces would be provided, and the setback encroachments of the garage structure would be eliminated. The locus is situated at 4 CHARTER STREET, Assessor's Map 42.3.2, Parcel 167, is shown upon plan recorded with Nantucket Deeds as Plan No. 02-39, and is situated in a Residential-Old Historic zoning district. BOOK 960 PA6E0211 3. 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, on the basis that no matter of planning concern was presented. Two letters in opposition from neighbors, one of whom was a direct abutter, were presented at the first public hearing. At the continued hearing, with the Applicants presenting a revised plan, the abutter sent a letter in support of the revised project. 4. As presented by Applicants and their representatives, the locus, a pre-existing, undersized lot of record, contained two structures, a single-family dwelling and a separate garage, both of which pre-dated the 1972 enactment of the Nantucket Zoning By-law and which were nonconforming as to ground cover and setbacks. Said structures were clearly visible in the substantially the same locations on the 1938 and 1957 aerials in the Town records. The Applicants propose to demolish the garage and build a new secondary dwelling, which would have the effect of eliminating the setback nonconformities of the present garage and not affecting the setback nonconformity of the existing dwelling. The requirement of a 12-foot scalar separation between primary and secondary dwellings would be met. The nonconforming ground cover ratio of about 34.27% would be increased by this project, but under Nantucket Zoning By-law S139-33.E(2) a special permit may be granted by this Board to increase ground cover for an undersized lot in the Residential-Old Historic zoning district, up to the 50% ground cover ratio allowed in that district. The initial proposal by the Applicants would have increased ground cover by the about 1,168 square feet of the new dwelling as then proposed, resulting in a ground cover ratio of about 47.56%. At the first public hearing, the Board of Appeals was concerned with the extent of the proposed increase in ground cover and size of the structure. The application was continued, and at the continued hearing the Applicants presented a new plan, which showed the new dwelling containing about 1,118 square feet of ground cover, and with the height of the structure considerably lower than as shown on the original submission. This would result in a new proposed ground cover ratio of about 46.43%. The Applicants J!1~().1:ll!e.q !:h~u~9ard of Appeals that this change was the result of discussions with the abutter who had previously objected to the scale of the project. As noted above, that abutter wrote a letter supporting the application with the plan so revised. The original plans had been approved by the Nantucket Historic District Commission; the revised have been filed by the Applicants with the HOC, and were pending approval. Applicants also stated that in order to maintain the required 20% differential between the two dwellings, the overall ground cover could not be reduced by more than about 54 square feet. However, they had reduced the maximum ridge height to about 23.5 feet in the front and eliminated a porch and reduced the massing on the 2 BOOK 960 PAGE0212 second floor to lessen the impact of the structure on the neighborhood and the abutter and to increase open space on the lot. Board Members pointed out that the addition of front steps may pose a front yard setback problem. Applicants stated that the house would be sited so as not to violate the front yard setback requirement, which may include moving the structure farther back on the lot. 5. The Board of Appeals noted that there were two driveways shown upon the plans submitted, contrary to the provisions of By- law ~139-20.1.B(1); however, Applicants represented that the Planning Board had already given secondary dwelling approval for the locus# noting that both driveways pre-existed the applicable By-law provisions and thus the locus was exempt therefrom. 6. Based upon the history of the Applicants' response to the abutter's concerns, including the eli~ination of the westerly and s6utherly setback nonconformity of the garage, the Board of Appeals, by UNANIMOUS vote, found that increasing the permitted ground cover to a allow construction of the proposed new dwelling as per the Applicants' revised proposal, with the garage to be removed from the property. Therefore, also by UNANIMOUS vote, the Board GRANTS the requested SPECIAL PERMIT relief under Nantucket Zoning By-law ~139-33.E(2), subject to the following conditions: (a) The new structure shall be sited so as not to violate any setback requirements, and be situated approximately as shown on Exhibit At . with the understanding that front steps may require that the house move in a southerly direction, as well as other alterations required by the Historic District Commission subsequent to this public hearing; (b) Any air handling unit (HVAC) shall be located on the easterly side of the new dwelling; (c) The northerly portion of the new dwelling shall not exceed 24 feet in elevation above mean grade, and the 'rear portion of the structure shall not exceed 21 feet in elevation above mean grade; (d) Ground cover of the new dwelling shall not exceed 1,125 square feet; ( e) site; and Two parking spaces shall be maintained on the (f) There shall be no exterior construction related to this project between June 1 and September 15 of any given year. 3 BaOK (BOA 024-05) Dated: ~, 2005 ~~- > .~l.,." ...... o{,~ ,'~... ~ y. ~$":' A TRUe'CQp,V ~::~~ N~C(treTTOWN,C~RK' . ,'. . '. . ~ c. Ric,b.a of t.c-g Edward J. 1..lln..11l....TJ)DAYSHAYI JI.A"~, 'fRI DIDSlQH'WAS mJL) IN mI ana... =~~~~ , J J r ..... ....."......"......,., ~ JUN 0 8 2005" 4 ~ONrn~1 CLASSD'1cATtO~: . ~~ . . MIN. AAe'k ". . . . . . ~.~ O.f;/j M1H,F'RONT'ACE: . . . . . . ,.;;;,> a. .." ~ONT YAAD S.B.: . . /'f,q~. RfAR' dt SIDE S.B.: . . : . .....5: P'r." GROUND CMR (7.): . . . . ~ ~ CJ-lAR-r~.R' \, G,.7Z ~ .. '. .....T- o .t') I'i ,,-2 ~ " ~ . " ... \ I ... 1.1.0, ~ Ij ", .; ~ . ~ . "":'l. }.~ " Ie; ~ I .: /LC7~ Pkt'~A"'~ . ~.~.= //19 '-itS. . r r."O~~77.:w') CONe. \ ..--- -...- ~ -28-00- SS'S'SCJ~#: ~X"e -/~7 c,\.IOIS\~'" EXJS'TtNC: . .;t- . .~~;.s:E . ).;"/.L'~ . .~~:.p~,.y . . , '4'; . . ',t. " . . . . . . 10 .. "c:l, ';! B,of..~~. 9XM e' ~ . _ ...t~~/ _ I) ~ ""'o.~ .I ~rY: WI'" J.lOl.J:J1C G.C..3.e3 :I: S.P. +i!.S~2 - fS3...f n./~ C.P. .kA.-JeJ..SON. T,.. ~ BOOK '..; I' ~t .~~ 88.61 ~2.3.;c- /,3.3.;e .N' .5'7:: 0.3 . , . ZOk/A"C ~ OFA.P~' P-LAK' OF lAND IN NANTUCKET, MASS. , Soo.E:. 1--/5 OAm~~~~ Owner:~~~~{I.I, ~: .p4V~Y Deed: 4'f. .?1-?:~.-?-~ Plan /,\17" c?..?: ~9 . Locu.., 7': k'Vt<.~J;;e;:e. s~r. . . C1i.ARLES Y. HART &. ASSOCIATES, Inc. SWORD BOAr BtJILOING '8 il.ARI.S A.~ " . NAN'f.11CDr, JUSS. 02a6. . . (150~ 228-8010 H-!f$AC/ IMtnune..t ..~ 9 6 0 PAGE 0214 ------. Page 1 of 1 Sk: 01038 Pg: 233 TOWN OF NANTUCKET BOARD OF APPEALS~; NANTUCKETt MASSACHUSETTS 02S~4 __0 Bk: 10$8 Pg: 233 Page: 1 of 4 Doc: SP 0813112006 10:.22 AM Date: t!JC1oher all.'' i To~ Parties in Interest and. Others concern~d with the .Declslon of the BOARD OF APPEALS in the Application of fol~owing~ Application No. ; 6 7~. -or Ovner/Appl icant :jSaTh~! ~i, J!2.:......(h,cS€ llvi& P7Jr/e.. c: ~\r'~ Q ~ r(lj $'f:ee , o5C fYW/'e-B .fkn'jN~.fi)cm w~ nrit D~I'\&1fy-trb.ck...~ ~~IL,aW A.bL!~1I (r).~ C:f- rD{)lC -ra9!~ .7 . Enclosed IS ~~ Decision of the BOARD OF APPEALS which 1 this day been filed in th~ 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 compla int in court, wi thin .TWENTY (20) day.s ~ E1 this day's date. Notice of the action vith a copy of thE C01'nplaint and certified copy of the .Oecia ion must begi' to the Town Clerk 50 as to be received ~ithin such TWEN' ( :2 ()} days < ( .... , . ~------ .) ~ -~k . l~ Cha Lrman :{ cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE;- MOST SPECIAL PERMITS AND VARIANCES HAVH A J LIM1.T A.ND WILl. EXPIRE IF N"OT ACTED .UPON ACcm~:DHW". TO Nli,t. ZONING BY-LAW ~lJ9-301 (SPECIAL ~ERMITS);.~139-32r (V~Rl' A NY nlJp. ~T T ()!'. t:: pr.1<' lllC:: J<' ('111,., 'l'lITo' M ~ t.tlt'>n"';.TJ'Dm ,,1">....,....,... .,.,...... n... A. http://www.masslandrecords.com/imageCache 1 /PnglmageCache/maO 19 ,70 2006 2887 52.... 8/312008 Bk: 01033 Pg: 234 DNmCKET ZONING BOARD OF APPDLS 1 East Ch&stn~t Stre.t Nantucket, Massachusett. 02554 Assessor's Map 42.3.2 Parcel 134 ROH DECIS10N: Page 1 of 1 31 Or'ange Deed Ref. 1.. At a public hearing of the Nantucket Zoning Bo< Appea13~ on Friday, October 14, 20Q5, at 1:00 P.M., i. Conference Room, Town A.nnex Building, 31 Washington S Nantucket, Massachusetts, the Board made the following De on the Application of nTBB1UNE B. ll<<)()SB "AN!) MARIE: :s.~ p fiWS'rEZ OF MARIE: B _ PBRlUN REVOCABLB nun, OMNBR, ANt) !'OJ N. KOZAK AND NARCt M. J!tOZAK, CONTRAC: PU1U:BA8ERS I c/o Gullicksen, Hanley & GittoX'd, LLP, Post Office Box Nantucket, Massachusetts 025841 File No. 072-05: 2. . Applicants (Kozaks) are seeking relief by S PERMIT under Nantucket Zoning By-law Section 139-33E( Applicants propose to demolish ~ total of about 130 squarl of the existing garage on both the northerly and we~terly eliminating the current side and rear yard s nQnconformitie.s, and to construct an about 638 square-fo( stor.y addition onto the r.ear of the dwelli.ng, that would c to setback requirements, in order to connect the existing s family dwelling to the garage and con'lTert the use of the . into int~erior living space. The e.xisting ground cover L"a1 about 29.4%. The new ground cover ratio would be about <1: about 1,89B square feet). The Locus is nonconfor~ing as t size with the lot having an area of about 4,700 square feet di.strict that requires a min.imum lot size of. 5,000 osquare and as to setbacks Vii th the garage currently sited as clc about 1.6 feet f~om the northerly side yard lot line and as as about 1.6 feet from t,he rear y~rdlot line, in a. distric- requires a minimum side and rear yard setback of five feet Premises is located at 31 ORANGE S~T, Assessor's Map 4: Parcel 1341 no plan on recordt Deed Ref. 655/84. The propel zoned Residential-Old-Historic. 3. Our Decision is based upon the Appli cat ion accompanying mate:ci.als.. and representat.ions and tesl :r.ecei ved at our. public hea.x-ing. The Planning Board rna. r.ecommendation as the matter was not of planning concer.n. was one letter from the closest abutter to the north, expr~ concern about the size of the proposed .:;lddition and t.he imp( her property. http://www.masslandrecords.comlimageCache lIPngImageCache/maO 19 _70_2006_2887 52... 8/312008 Page 1 of 1 Sk: 01038 Pg: 235 4. Applicants, through counsel, represented that currently existed upon the property a sirlgle-family dwelli separate garage to the rear. The prospective purchasers . p:z:oper.ty proposed to build an addi.tion ant\) the westerl: side of the dwelling in order to annex th.e qarage to t1'1e and convert the garage and addition area into interi.or space. Such addition would allow enlargement of the ex ki tchen and sleeping quarters, and would enabl~ the li vin to be relocated a~ay from busy Orange Street, to~ards the t the house. As part of the proposed alteration~ existing nOI side and westerly :r.ear yard setback violations of the would be elimin.ated. All ~equired parking would still be pr on site. Applicants further stated that the impact c immediately abutting property to the north, W'ot'lld be mitiga the addition would be conforming as to setback requirement setback violation~ of the garage would be eliminated, and is an existing she-foot fence and a large privet. hedge: common lot line. The 1 at conta i.ned a ground cover.: of approxima.tel ~ square feetl and a ground cover ratio of about 29_4~ Premises was located in an area that was substantially corr of lots that did not comply with the minimum lot size requi of 5~OOO square feet and that also contained ground cover far in excess of the maximum allowed of 3Q% for subminimu and 50% for conforming lots. The subject lot had a lot a about 41700 square feet, only about 300 feet less than wh required. Appli.cants stated that the addition, r:ai.sing the cover to about 1,898 square feet, with a ground cover ra about 41%~ would be in harmony with the conte&t of the hi neighborhood within whic}~ it was situated. The. existing hOl: a ridge height of approximately 27 feet, which wa;:; cons wi th the neighborhood that: contained a number of structures in the neighborhood that had ridge heights of O~ maximum allowed of 30 feet + The Applical;)t~s stated that th~ height of the new addition would not ~xceed 25 feet in t Applicants had not obtained a Certificate of ~ppropriatene~ the Nantucket Historic District COIn1'llissiQn prior to the l:( and were ~sking that the Board establiSh abuilding envelc maximum ground cover wi thin whi.c11 to' construct the new addi S. Based upon the foregoing, the Board finds 'that thE of the proposed work upon completion of the construction re.'9ult in a dwelling tha.t would be siml1ar in size} grounc and heigrlt to other. dwellings in the neighborhQodr and the further finds that such increase in permitted ground cove~ not be substantially mor.e detrimental. to the neighborhood the existing nonconformity r and there would be a benefit public with the existing setback violations of the structure being entirely removed. 6. Accordingly, the Board of Appeal~, by a .UNANIMOUS GRANTS the requested SPECIAl. PERMIT relief under Nant.ucket By-Law ~13 9-33. E. (2) la) to allow the increa.se of. ground http://www.masslandrecords.comlimageCachellPnglmageCache/ma019 70 2006 2887_52... ,8/312008 Page 1 of 1 ~ .' .. ak: 0'1038 Pg: 236 ..', from about.. 11 390 squar~ tB~.t to abm~t 1,898 square feet, wi .' :.:ground. cover r:atio to iflcreas~ from about 29.4% to about 4 , order to allow the constroction of the addition as proposed :" 't,'.eU.ef is granted' ~mbje.:;t to th~ condj, tions. enumerated belo (a) Total ground cover on the lot shall not exce 41%; ,'. .{b} .The ridge ~Bight ofAM~e new addition shall n exceed 25 feet an~t all setback require and (c) Existing side and rear yard setback violatio shall be ~liminated. I' .-.",.- ~- ",J'..L'" Dated; octobe~~, 2005 'Edward Murphy '-'--, , . , \ , . ,....: ; ).. ,.. ~ .,.. .. ..,l!U,.'~l,'J. ..''i _"' '. ;',. ~;'.."p , . .. /:'~'~:~1'.HJ.g,~~;:.~",. -: . ,f ,~." x......~., : ""t~Ri.""'I':~RI '~Con\' ..~ . ,..-~, ;.~:;_ ::-'-~~~~_:,,f\, 'to ___............ 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Page 1 of 1 Bk: 01004 Pg: 150 _0 TOWN -OF NANTUCKET at<: 1004 P;: 150 Page: 1 of 5 Doc: SP 02l01/2OOfJ 03:04 PM f'" BOARD OF APPEALS NANTUCKE1\ MASSACHUSETTS 02554 Date: JDfl0 0. f"t If r 20Q0 To: Partie~ in Interest and_Others concerned with the --. -, M' ----lJecl"sIo-.il-'o:r the BOARD OF APPEALS in the App.lication of the following; Owner/Applicant~ 0<13..0.5 A(W) e;.- ((PUb.I[ra\!,~'("~ Application No.; Enclosed-is the Decision of the BOARD OF APPEALS which has' this day been filed in the office of the Nantucket Tovn CleJ:'k. An App~al from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetta General Lavs. Any action appealing the Decision must be brought by filing an complaint in court within TWENTY (20) days after this day's data. Notice of the action with a copy of the co~'laint and certified copy of the ~ecision must be given to the Town Clerk so aa to be received vithin such TWENTY - (20) days. i cc; Toyn Clerk: Planning Board Building Commissioner PLEASE NOTE; HOST SPECIAL PERMITS AND VARIANCES HAVE ~ TIME LIHlT AND WILL EXPIRE IF ~OT ACTED UPON ACCORDING'TO NANTUC~g~ ZONING BY-LAW ~139-30r (SPECIAL PERMITS]; ~139-32I (VAR!ANCES) ANY QUESTIONS. PLEASE CALL THE NANTUCKET ZONING BOARD OF APPE~LS. http://www.masslandrecords.com/imageCachel/PnglmageCache/maO19_70_2006_380_5264685 _1... 5/312007 Page 1 of 1 Bk: D1004Pg: 151 NAN'rUCDT ZONING BOA1U) 01" APRALS 1 mlut Che.t.nut SU...t. Nantucket, Ma.8...ehusetts 02554 Assessor's Map 42.3.2, Parcel 101 49 Fair Street Residential-Old Historic (No plan of record) Deed~ 800k 400; Page 349 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, December 9~ 2005, at 1:00 P.~" in the Conference Room, in the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the following Decision on the Application of ANN 8. MDBLHAUSBR, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669. Nantucket, Massachusetts 02584, File No. 093-05: 2. The Applicant is seeking relief by SPECIAL PE&\1!T under Nantucket toning By-law S13S-33.E(2) (a). The Applicant proposes to construct an addition to the existing single-family dwelling upon the locus, with ground cover ratio to exceed the maximum of 30% for a lot of record containing less area than the 5,000 square feet minimum required for the ReSidential-Old Historic ~oning district under By-law S139-16.A, hut not to exceed the 50% maximum applicable to lots containing at least 5,000 square feet in this district. The dwelling now existing upon the locus has a ground cover of about 1,338 squa~ feet, and the lot area of the locus is about 4f 518 square feet, for a ground cover ratio at present of about 29.6~. The addition proposed by the Applicant would increase ground cover to about 1,895 square feet, for a ground cover ratio of about 4169%. The addition would conform to all applicable setback requirements, and the required one on-site parking space would continue to be provided. The dwelling upon the locus :i.S nonconforming as to side yard setback, being sited as close as about 1.0 foot from the southerly side yard lot liner with minimum side yard s~tback in this zoning district being five feet. The locus is situated at 49 F~R STREET, Assessor's Map 42.3.2, Parcel 101, is not shown upon any recorded plan but is described in deed recorded with Nantucket Deeds in Book 400, Page 349, and is within the Residential-Old Historic zoning district. 3. 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, on the basis that no matter of planning concern was presented. One neighbor was represent ed at the hearing by coun$el~ who expressed concern about the proximity of the addition to the neighbor's dwelling. It was noted that the 1 httn.llwwwmHsslandrecords.comlimae:eCachellPnglmageCache/ma019 _70_2006 380 5264685 1... 5/3/2007 Page 1 of 1 Bk: 01004 Pg: 152 .. neighbor! s dwelling was sited with apprmdmately zero setback from the common boundary line with the locus. Except for the presentatlon by the Applicant~ 3 representatives, there was no other support nor opposition presented at the public hearing. 4. Applicant, through counsel, stated that the plot plan by Charles W. Hart &; Assoc., !nc., dated November 15, 2005. a reduced copy of which is attached hereto as Exhibit A, shows the present conditions upon the locus and also toe footprint of the proposed addition. As described abovet the App1i.cant~ proposes to construct an addition onto the existing dwelling which would conform to all dimensional zoning requirements e~cept for ground cover ratio, and would not affect any nonconformity of the dw-elling a.s it now exists. The proposed alterations have been approved by the Nantucket Historic District Commission ("HDC';). Onder By-law ~139-33. E (2.) (a), the Board of Appeals; as special permit granting authority, has the power to grant a special permit to allow ground cover exceeding 30%, but not to exceed the maximum for the zoning district in which the lot was situated, for a lot of record containin9 less than 5#000 square feet# where it finds that the increase in ground cover shall not be substantially more detrimental to the neighborhood than the e~isting nonconformity. 5. Based upon these facts# the Board of Appeals, by UNANIMOUS vote, made the find.ing that the proposed alteration of the garage structure, subject to the conditions herein set forth, would not be substantially more detrimental to the neighborhood than the existing nonconforrnities, and by the same UNANIMOUS vote GRANTED relief by S"PEC!A.L PERMIT under Nantucket Zoning By-law ~139-33.A, allowing the proposed alteration as requested hy the Applicant, subject to the following conditions: {a} All work shall be done in suh:5tantial confonni ty with the plans approved by the HDC under Certificate of Appropriateness No. 46,834, as may be amended from time to time: (b) All work shall be done in substantial conformity with the Exhibit A plan; (c) No exterior work related to this project shall be performed between May 15 and September 15 in any given year; (d) No additional struct.u.t'es may be constructed upon the locus without further relief from the Board of Appeals; and (e} The maK.imum ground cover ratio upon the locus shall not eKceed 42%. 2 httn.//wwwmHc;;c;;landrecords.com/imageCachel/PngImageCache/maOl9_70_2006 380 5264685 1... 5/3/2007 Page 1 of 1 Sk: 01004Pg: 153 . ; (BOA #=093-05) Dated: January~, 2006 Edward S. Toole ~C: 'Ed~. Murphy ---==--7 /" ----. ,..,.-' t caxU-l" En.. T ~~ D..~. ~';o;. ~~I.' vY" r'~..A.?;~:'.!) /1I.r'1~";;'{ nmornslON WAS FilED l! ll}!~ GW!cr Of TtH,i. 1'CJ'!IIH(U'JtK. A!lD ntA T NO t"''f1EN,.. HAS nEE'i .....J\IlSlJAmTOGENERAllAWS_!OC'I'lQ( 11 r;.,s ,..:'''"l. fEB012D ~ l ?~ 'lOtW~ , .,J .~ \,oj ~~~ .:_..::-';;.:'.~:'..~. ',,', ...... ..' ATTEST: f.,1RUe CO?y ~ . :.:..,,{7~'.<(" ....t..... . ' .,'. ". J' . . ..... J' . .-: ~ . :~;;~t1~jit~ ,,':";:NA.N-TUCKEl TOWN Clr.RK httn'//www m::tssl::tndrecords.comlimalleCachellPnglmageCache/maO 19 _70 _2006_380_5264685 _1... 5/3/2007 Page 1 of 1 SiI:: 01004 Pg: 154 ~e CURRE~T ZONING ctASSIFlCATtQN: RlJsldentiol Old Historic {Fl-OH) O:lSll~ j,lINlMUM LOT SjZE~ MINIMUM fo'RON"TA.GE~ FRONT Y"-RO SETBACK: REAR/SIDE StTaAC'K: GROUND COVER % : 5000 SF. SO fT. none 5 fT. Stm :~li:8f~:': (RECORD PLAN P~f)lNG) . ~E;t.~., .~p.~.. . $E:E. t'~. . 4-2,3.2-43 NjF S. Z. GREEN, 42.J.2.- tel Njr S.R. HOL!.ANO ~ ~ ;p ~ ~ ~ /' /" / PROPOSED <: ~ 557: S.f. . ~y~ ~ 1 b. \Ir $CALE'; ,.; 20' 00tTE': HOVEM8V1 t,5, :;'005 ~ .... VI' . ~! i"6 ~I ~f ;00-' !!. i. :;!).."" Il:~ !i'..!i' i~ t" TWIN STREET ZONINC BOARD OF APPEALS SITE PLAN or LAJi1) Dl NANTUCKET, MASS. HcIrI oIL ~ b:. Q.ner; . . . . , ,,yil!. 8,. l.I.U1:fLt'<l.l.J5P!. ' - . . . . . Oetd/ctllt.; . ,40<)--;4(n., Plan; .., NONE:. . . , Tox Mop: ,of:2.".2-: Wt l,octri; ,t .4~ l~(? .Sj'1ffrr; . CHARLES W. HART aM ASSOC., I'M. Pro!~~ LMd ~ 49 SPARKS AVENUE NantTJ.cket. J/lWGChusdts 02654 (50S} W-89tO H' . -.25 - r --............ ........ ........" htto:/ /www.masslandrecords.com/imageCachel/PnglmageCache/maO 19 _70 _2006_380_5264685 _1... 5/3/2007 Page 1 of 1 Bk: D1013 Pg: 14 ~~. .!, w 1111II- TOWN 'OF NANTUCKET ek: 1013 PQ: 14 Pag&: 1 of 6 000: 8P 03123/2006 02:01 PM BOARD OF APPEALS NANTUCKET. MASSACHUSETTS 02554 Date~ fOlrj~ 2.. '2(()C" To: Parties in Interest and. Others conoerned ~lth the ........ ":nee::rilon"oT the BOARD OF APPEALS in the Appl"ication of the following: .Applicati'on No. ~ {)OL (1- 0(; Owner/APPlicant{JIc1a~' {:.. N"clT:;Y'1 and UQl~rll~__ ~ ..DJo~ ,b~(S at&:ki-I2.b:Q.Q ,I }t. ()}erhtYao; In}Gt~~ offM&{l<<-ko.~. NT;', $' ...:; APPEALSliwhich '~~s' Nantuc~~ Town~ . ~ Enclosed is the Decision of the BOARD OF this day been filed in the office of the Clerk :n . ? : :; An Appea.l from this Decision ma.y be talten pursu.ant to '.'..fl Se~tiQn 17 Of Chapter 40A, Massachusetts General Laws. ~o Any action appealing tne Decision must be brought by fi~ing an complaint in court ~ithin TWENTY (20) days after this day.s ~ate. Notice of the action with a copy of the co~plaint and certified copy of the Decision muat be given to the Toyn Clerk so as to be received within such TWENTY (20) days. ~~1A~n cC'; To.....n Clerk. Planning Board Building Commissioner PLEASE NOTEs MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT A~D WILL EXPIRE IF NOT ACTED UPON ACCORDING-TO NANTUCKET ZONING BY-LAW ~139~301 (SPECIAL PERMITS)~ ~139-32I (VARIANCES) ANY QUESTIONS, PLEAS! CALL THE NANTUCKET ZONING BOARD OF APPEALS. http://www.masslandrecords.com/imageCache1/PnglmageCache/maO 19_70_2006_988_5270483 _1... 5/3/2007 Page 1 oft Sk: D1013 Pg: 15 ,. '. ~ NANTUCKET BOARD OF APPEALS 1 East Chestnut Street Nantuckt:ft Massachusetts 02554 Map 42.3.l~ Paroe159 Plan 52-J. Lot 1 ROH 18 India Street Deed Ref. 573/93 At a Public Hearing of the Nantucket Board of Appeals opened at 1 ~OO p.m.. Tuesday~ January 6~ 2006. continued to 1:00 p.m.. Friday. Febnuuy 10. 2006 and continued without further testi.mony to 10:00 a.m.. Tuesday~ February 14~ 2006. in the Conference Room of the TO\llD of Nantucket Annex Buildinit 37 WftShington Street. Nantucket, M~~ on the Application of RICHARD E. NORTON AND VALElUE B. NORTON~ OWNERS.AND FOR RHODA H. WEINMAN~ TRUSTEE OF PADDACK HOUSE NOMINEE TRUST ("Ccmtrac:t Pu.rc:1w.er"). of PO Box 476, Nantucket, MA 02:554, and 36 Centre S~ Nantuck~ MA, respectively, Board of Appeals File No. 001"",, the Boald made tho fuUowlng Dec:i$ion~ 1. Applicant ('"Contract Purohaser'') is seeking SPECIAL PERMIT relief under Nantucket Zoning By-law Section 139.33E(2)(a) (maximum ground cover/undersized lot). Applicant proposes to constrUCt up to lUl about 532 squarc--foot addition extending from the rem: of the single-family dwelling toward the southerly lot line that would be confonning as to the five-foot setback requirements to expand the interior living space of the single--family dwelling. Said work may also entail demolition and recoostruction of the existing rear el to be able to reconfigme said living space~ which would temporarily reduce. the existing grtlund .cover mUo of about 32.3%. Applicant is seeking a m.aximum ground cover ratio of about 44%. Relief is also sought under Section 139...33A(8) (configuration change to a pre-e~g, nan-conformlng lot). As a result of a boundary line agreement with the westerly abuttert owner of the property known as 20 India Street, to adjust their respective common boundary line in a westerly diredion in Older to cure a side yaId setback in~.ion of said teat el of the single--family dwelling on the lot, which is cummtly sited as close as about 4.60 feet from the westerly side yatd lot line. The rear el of the strl.1Cture would then be conforming and sited as close as about 5.09 feet from the westerly side yard lot line in a district that requires a minimum side yard setback of five feet. The exchange of property at its widest pliDt would be about five incbes. but would taper to zero at both the northwesterly front boundary marker and the southwesterly rear boundary marker. The Premises is nonconforming as to lot size with the lot containing about 4,561 square feet of area in & district that requires a minimum lot si~ of 5.000 square feet.; as to setbacks with the primary structure being sited as close as a.bout x.ero feet from the westerly side yard lot line and with the rear studio being sited as close as about t.25 feet ftmu the ~ly side yard lot line and as close as about 1.56 feet from the rear and as close as about 3SS feet from the easu:rly side yard lot line in a district thAt requires a minimum side and rear yard setback of five feet; and as to ground cover with the lot containing an about 32.3% ground cover ratio in a district that allows a maximum of 300/0 for undersized lot!i. The Premises is located at 18 INDIA STREET. Assessor's Map 42.3.1. Parcel 59. Plan S2wJ. The property is 7.O.ned Residential.QJd Historic. http://www.masslandrecords.comlimageCache 1 /PnglmageCache/maO 19 _70 _2006_988_5270483 _1... 5/3/2007 Page 1 of 1 Sk: 01013 Pg: 18 .+ ' .--. 2. This Decision is based upon the Application and materials submitted with it, along with the testimony and evidence presented at the two hearings where testimony was taken. The Planning Board did not make a. recommendation. There were four letters on file representing five abutting properti.C3 in support for the Appliollltion widl. all four letters expressing the sentiment that the new addition was "architecturally pleasing and in keeping with the original look of the house and well suited. to the scale of the house". There were nO letters in opposition on file. H~ at the two public hearings on the matter at which testimony was taken~ inwrested members of the public and two abutters who spoke in opposition expressing concerns related primarily to historic preservation~ authenticity of the structure~ age of the 1998 addition and open space. The Boanl made the finding specifically that 5UCb matters were not within the purview of the Board of Appeals .and thus not issues that could be appropriately considered by tbis Board when making a decisiOJ1 in this (lase and would :most appropriately be addressed by the Nantucket Historic District Commission ("HDC") during the HOC public hearing proce$$- Applicant's attorney tepreSented that such concerns were not raised before the HOC prior to the approval of the plans by the HOC and now presented to this Board. 'fheze were a number of items 8llbmitted into the record, which included photographs, an affidavit dating the studio, located to the rear of the property within the required five-foot setback area from tI previous owner~ plans. and a table listing 16 properties that had been granted similar relief l() expand ground cover beyond the maximum allowed as a mater of right for undersized lots in the ROHlSOH zoning districts on lots of 30% under 139- 33E(2)(a) in the past five years. 3. Appli~ through coWtSel and its represcntativcs~ represented that Applicant, was proposing Co demolish .an about 216 square-foot addition that was constructed in 1998 pursuant to a validly issued building permit This addition was inadvertently sited about 4.60 feet ftom the westerly lot Jine encroaching into the requirod setback area. by about five inches. Th.is 1998. addition also created a ground cover ratio of about 32.3%. about 2.3% greater than the tna:l(imum allowed of 30% without a. special permit having been issued by this Board. Beause of this introsion into the- setbac~ and. the overage in ground cover ratiot the current owners V\Iete- never issued a. Certifk8te of ~ and would be before this Board for a grant of special permit relief tu validate such nonconfonnities regardless of the Applicant~5 new proposal. Applicant also sought relief under Section 139--33A(8) to allow for a boundary line adjustment with the abutter Oil the westerly side to cure the nonconforming westerly side yani setback intru..~on. However~ counsel for Applicant explained that this relief was no longer being sought tIS after demolition of the about 216 square-foot addition; the new about 532 square-foot addition would then meet all setback requirements. Applicant also stated that the proposed addition bad been approved by the HOC in Certificate: of Appropriateness No. 47,440 and fo~ by the HOC to be in keeping with the historic structure as appropriate additive: massmg. 4. Board Members expressed concern about the size of the $idition at the first hearing. At the. seoond hearing. Applicant represented that the ground cover of the addition bad been reduced by about 72 square feet. with the proposed addition having a ground cover of about 460 square feet and a proposed ground oover ratio of about 42%. To support Applicant's argument that a new addition 'MIS necessary and appropriat<; also entenXI into the record were photographs of the existing inside staircases in the historic part of the structure. Applicant stated that both of the stairea&e;s were not safe for the WillI-Iii _..... http://www.masslandrecords.com/imageCache lIPnglmageCache/maO 19_70_2006_988 _ 5270483 _1... 5/3/2007 Page 1 of 1 Bk: G1013 Pg: 17 . .' oldet couple purchasing the property and did not meet building: code requhements for .'.' egIQS from 8, :second floor sleeping level. Because of the Applicant"s strong desire to maintain the historic integrity of the interior of the original stroc~ it wa.~ nece..~sary to construct a new oode compliant staircase as part of the propos~ new addition. Applicant also provided in!OxmatiOD on the 16 properties mentioned above that had benefited from a grant of similar special permit relief under Section 139.33B(2Xa). It was stated that of the 16 nonoonfonning properties, seven...vere approved for ground cover ratios in ~cess of the 42% that the Applicant was reqllCSting~ and one was approved for 42% percent on a smaller lot than the subject property. Additionally_ of the 16 properties receiving roliet 14 had less lot area than the subject property with only two lots containing It lot atea larger tlum the subject property. AppliclUlt argued that a grant of relief in this instance would be in keeping with such other relief granted. Applicant also stated that the minimum. lot size requirement fur the ROH zoning district was 5.000 square feet and there were many lo1s in the immediate area lhat contained less lot ilea and ground cover in excess of the maximum ground cover ratio allowed of 50010. In wldltion, the lot was sited within two lotS of an area. of the downtown that was zoned ResidentirU..co.nunercial- Downtown with a minimum lot size of 3,750 square feet and a muimwn ground cover tatio allowance of 750/0. 5. Therefore, based upon the foregoing. the Board fmds that the proposal to demolish the nonconforming about 216 ~foot addition that was constructed in 1998, and constrJ.1Ct an addition which would result in an overall ground cover ratio for the lot of not more t.han 42%, end which would comply with all setback requirements, would be consistent with similar relief granted to severed other properties within this. ROM zoning district. The Board also finds that the new addition would Dot be substantiaUy l'JWtC detrimental to the neighborllood than the existing nonconfonnity. The Boatd notes that existing nonoonfonnities as to s:round cover and side yard setback would be regularized and eliminated, respectively, which would be a benefit to the neighborhood. Further, the Board also finds that the construction of the addition would not result in a :reduction of open .space that woold be incWlSistent with surrounding properties in the ROH 700ning district, nOf be sited farther back: on the lot than the large bou$e on the lot to the west, which extended in a southerly IDalUlcr more than the proposed addition would. The lot size and ground cover were oonsistent with other properties in the area. The Board noted that the approved HOC plans would not be relevant as the Applicant might have to seek further approval due to the reduction in the size oftbe addition. 6. Acoording1y. by a UNANIMOUS vote. the Board hereby GRANTS the requested relief by SPECIAL PERMIT under Ntmtuclcet Zoning By-law Section 139-33E(2Xa) to allow the incrCMe in the ground cover ratio to no more than 42%. Relief is hereby conditioned up<)n the foUowing: a. There sbaI1 be no exterior oonstruction R;lated to this project from June 1 S to September 1 S of any given yeetr; b. The maximum ground oover ratio allowed for this. lot shan be 42% without further relieffrom this Board~ C. The new addition shall conform to aU setback requirements; and http://www.mass1andrecords.com/imageCachellPnglmageCache/ma019_70_2006_988_5270483 _1... 5/3/2007 Page 1 of 1 Sk: G1013 Pg: 18 .-. d. No additional massing cllanges shall take place on the historic portion of the stn1Ct\U'e without further .relief from this Board. other than to com.plete the proposed project related to the relief granted herein. March <2-, 2006 -- . C.~wftm ~ ~Jf.~~X. ~ ....... ;, ~I --< f~ .. r-' _.{ ~- ~l:' ~i IS. ~ un V'Y htto://www.masslandrecords.com/imageCache1/PnglmageCache/ma019 _70 _2006 _988 _5270483 _1... 5/3/2007 .' Jt to ,tJO , RECEIVED BOARD OF ASSESSORS AUG 0 4 2008 Town of Nantucket \ .' t"' TDWN OF . NANTUCKET, 'MA Zoning Board of Appeals LIST OF PARTIES IN INTEREST IN THE MAITER OF THE PETmON OF: PROPERTY OWNER.....,;;-vrd......~kJ..................... 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E-< ::! ~ tIl 0. ~ ~ is ... ~ ... r- E ~ ~ ~ : ~ ~ ~ ~ ~ ~ ~ r- .... o III co 0 0 0 ~ .. \0 rot .. ~ .. u ~ E-< 0. ~ o Q U o o 101 E-< ~ " tIl Q Q ::1 :;: f;l :J; H l""I ~ III .... ., III '" III N '" '" ~ 11 ~ o H =: U H E-< ~ o "- U H H ~ Q ~ Ii!: o tIl ., H " o "- U III .: =: ~ i ~ .. tIl '" " E-< ): -< > ~ Q 101 f;l ~ ~ ~ j ~ ~ t ~ ~ ~ a ~ f-t ~ ::> ~ ~ ~ ~ ~ III l'l .. ~ a ~ ~ ~ ~: ~ < H ~ ~ U ~ ~ ~ ~ 9 tfl 0 ~ ~ ~ ~ ~ ~ ~ ~ g ~ ~ ; ~ ~ ~ ~ ~ ~ m ~ a s ~ ~ m ~ ~ ~ ~ ; ~ Iii ~ ; ~ I ~ I Ul =: ., :>l ~ ~ ~ ~ E ~ ~ ~ "- co d w TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 ~_..... i"l ':J :::J -c:J '-.;.J ,.v ~-'" Date: December 8 ,2008 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. : 056-08 Owner/Applicant: James R. and Alex C. Houghton 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 ~O) days. /kU~ Chairman 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 Map 42.3.1 Parcel 108 ROH 7 Farmer Street Land Court Plan No. 25822-A Cert. of Title No. 21,858 DECISION 1. At a public hearing of the Nantucket Zoning Board of Appeals ("ZBA"), on Friday, September 12, 2008 at 12:00 P.M., in the Conference Room in the Town Annex Building, 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the Application of JAMES R. AND ALEX C. HOUGHTON, with an address of PO Box 5005, Nantucket, MA 02554 Board of Appeals File No. 056-08, the Board made the following Decision: 2. Applicants are seeking relief by Special Permit pursuant to Nantucket Zoning By- law Section 139-33E(2)(a) (increase in groundcover on a pre-existing lot of record situated within the Residential-Old-Historic zoning district not to exceed total groundcover ratio of 50%). Applicants propose to alter and expand a pre-existing, nonconforming single-family dwelling on a subminimum lot by constructing a new addition onto the westerly side of the existing dwelling, that may also entail foundation work under the existing structure. The existing groundcover would be increased from about 33.2% to about 40.0%. Applicants also propose to demolish the existing attached nonconforming garage located on the easterly side of the structure as well as the existing rear addition located on the northerly side of the structure. A new garage and rear addition would be constructed substantially on the same portions of the lot. The existing easterly side and rear yard setback nonconformities would be eliminated and all new additions to the structure would be constructed so as to make the structure conforming to all setback requirements. To the extent necessary, Applicants are seeking relief by Special Permit pursuant to Nantucket Zoning By-law Section 139-33A(9) to allow the removal and replacement of the garage and rear addition groundcover with a current ratio of about 33.2%, in a district that allows a maximum groundcover ratio of 50%, but a maximum of 30% for subminimum lots. The lot is conforming as to front and westerly side yard setback requirements. All required parking is currently provided on site and would continue to be provided on site. The Locus is nonconforming as to lot size, with a lot area of about 4,131 square feet of lot area in a district that requires a minimum lot size of 5,000 square feet. The Premises is located at 7 FARMER STREET, Assessor's Map 42.3.2, Parcel 108, Land Court Plan No. 25822-A, Certificate of Title No. 21,858. The property is zoned Residential Old Historic ("ROH"). 3. 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, finding that the Application did not present any issues of planning concern. Other than the presentation by the Applicant there was no comment from the public at the public hearing. One letter received by the Board of Appeals by email, expressed concerns about issues related to run-off from the property and maintaining of the existing trees along Farmer Street. Applicants stated that measures were going to be taken to mitigate impacts on run-off and trees 4. Applicants represented that historical documentation indicated that the dwelling was constructed in the 1790's and had been altered very little over time. There was a rear addition and attached shed in the area of the garage visible in the historical photos on file with the ZBA and on the "Sanborn" maps from 1887. The 1938 and 1957 aerial photographs contained in the Town records indicated that all parts of the primary structure existed prior to the 1972 adoption of the Nantucket Zoning By-law and thus the setback and groundcover nonconformities related to the dwelling were validly grandfathered and protected under the provisions of Mass. General Laws Chapter 40A, Section 6. The garage structure is not visible on the 1957 aerial photograph contained in the Town records. A review of the Nantucket Assessor's records indicated that there was a two-car garage present on the property in 1971, which is the current structure. Though the garage is sited within the required five-foot side and rear yard setback areas, the garage is validly grandfathered as to siting and groundcover ratio, as it was constructed prior to the 1972 adoption of the Nantucket Zoning By-law. 5. Applicants represented that they wished to enlarge the small dwelling to accommodate a modem growing family. Little had been done to maintain the structure over time and Applicants wished to stabilize the structure with a new foundation and other renovation work, while keeping the structure's historical integrity. Applicants had applied to the Historic District Commission ("HDC") in July 2007 for approval of a larger addition, expanded second floor space as well as other exterior changes. After working with the HDC and the Nantucket Historic Structures Advisory Board ("HSAB") for six months, the latter operating as a review board for the HDC, Applicants reduced the scale of the structure in order to more appropriately preserve the historic 3-bay front portion of the structure. The HDC approved the design on December 4, 2007, as the current amended proposal was found to be appropriate for the historic structure, in Certificate of Appropriateness No. 51,492. Applicants propose to alter and expand the pre-existing, nonconforming single- family dwelling by constructing a new addition onto the westerly side of the existing dwelling to expand the interior living space. The existing groundcover would be increased from about 33.2% to about 40.0%. Applicants also propose to demolish the existing attached nonconforming garage located on the easterly side of the structure as well as the existing rear addition located on the northerly side of the structure. A new garage and rear addition would be constructed substantially on the same portions of the lot without increasing the existing nonconforming nature. The existing easterly side and rear yard setback nonconformities would be eliminated and all new additions to the structure would be constructed so as to make the structure conforming to all setback requirements. Applicants also propose to demolish the existing attached nonconforming garage located on the easterly side of the structure as well as the existing rear addition located on the northerly side of the structure. A new garage and rear addition would be constructed substantially on the same portions of the lot. The existing easterly side and rear yard setback nonconformities would be eliminated and all new additions to the structure would be constructed so as to make the structure conforming to all setback requirements. 6. Applicants represented that the subminimum lot size of the locus was not out of character with those in the neighborhood and certainly not within the ROH zoning district where a large percentage of lots were undersized. The nonconforming groundcover ratio was similarly not out of context within the neighborhood, which is comprised of similarly undersized lots, many smaller than the locus with groundcover in excess of the maximum ground cover ratio allowed for such lots of 30%, and containing dwellings that are sited so as to be in violation of the required five-foot side and rear yard setback. The locus is also the largest lot in area and has the lowest ground cover ratio of lots fronting on Farmer Street. 7. Applicants submitted a list of 18 ZBA Decisions in which similar relief was granted between 2000 and 2006. Copies of seven relevant ZBA Decisions affecting properties within the same ROH zoning district, a few situated within the immediate area and on the ZBA abutter's list submitted for this Application, were submitted into the record. Of specific note was the Decision related to the immediately abutting property to the east at 5 Farmer Street. The ZBA granted special permit relief in ZBA Decision No. 082-04 to construct a second floor addition within the required five-foot setback area and allowed expansion of the groundcover ratio from about 41.67% to about 45.35% on a lot that contained only about 2,443 square feet of lot area. The Board made the finding in all of the aforementioned cases that the expansion of groundcover ratio was not substantially more detrimental to the neighborhood than the existing nonconformities. 8. Therefore, based upon the foregoing, the Board finds that the structure and locus are validly grandfathered as to dimensional nonconformities and thus special permit relief is available for the proposal. A grant of the requested relief by Special Permit to increase the existing groundcover ratio from about 33.2% to 40% would not create a situation that would be substantially more detrimental to the neighborhood than the existing nonconformities, particularly as the existing setback nonconformities would be eliminated and all new construction would meet the setback requirements, thus making the locus more conforming and result in a benefit to the neighborhood. The existing parking space would continue to be provided on site. The Board further finds that should a new foundation be placed under the structure the structure and additions would not exceed the maximum height allowed of 30 feet, as the structure would continue to have a maximum ridge height below many of the structures in the neighborhood, particularly on the same street. Even after the increase in groundcover, the lot would continue to contain a groundcover ratio less. than many others in the neighborhood and less than that allowed on the immediately abutting lot at 5 Farmer Street. The Board notes that many properties within the same zoning district have been benefited by similar relief and a grant of relief in this instance would not create a situation would not be in harmony within the context of the neighborhood, which is comprised of lots of similar if not smaller size, and similar if not greater groundcover ratios. 9. Accordingly, the Board of Appeals, by a UNANIMOUS vote, GRANTS the requested relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section 139-33E(2)(a) to alter and expand a pre-existing, nonconforming single-family dwelling on a subminimum lot by constructing a new conforming addition onto the westerly side ofthe existing dwelling with a resulting increase in ground cover to no more than 40.0%, and further to allow foundation work should it be necessary to stabilize the structure. By the same vote, the Board GRANTS the requested relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section 139-33A(9) to allow the removal and replacement of the garage and rear addition in order to construct a new garage and rear addition that would be sited substantially on the same portions of the lot, subject to the following conditions: a. The existing on-site parking space shall be maintained and the parking area shall be constructed so as to be of a pervious surface; b. The maximum ground cover ratio allowed on the Locus shall be no more than 40%, and any further expansion would require further relief from this Board; and c. The project shall be done in substantial conformance with Certificate of Appropriateness No. 51,492 as approved by the Nantucket Historic District Commission, as may be amended from time to time. SIGNATURE PAGE TO FOLLOW Dated: December ,2008. / Dale ~~lftV ,I 1,> _l I}l (/// I. ; ... v', ,/. 'trL-- Ea~~f{rfd~l~ ~ v 1-,- i (6 /~m Koseatac ~7~~ ~~.4. . rk Poor COMMONWEALTH OF MASSACHUSETTS Nantucket, SS. December II) ,2008 On this /p day of December, 2008, before me, the undersigned Notary Public, personally appeared ~ ~ Wf.I ~ , 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. L at(~ Notary Public: ~N'~ I<:.. MIXJY~ My commission expires: MveIt tJ~, ;}IJ/3 .' .it /0 ,t}O . RECElVED BOARD OF ASSESSORS Town of Nantucket AUG 0 4 2008 rowNdF . NANTUCKET; .MA' Zoning Board of Appeals LIST OF PARTIES IN INTEREST IN THE MAlTER OF THE PETmON OF: PROPERTY OWNER....;1\ffYl'....~~'&5Yl...... ............. MAILING ADDRESS................................................................................... PROPERTY LOCATION.....7....~...~..................... ASSESSOR MAPIPARCEL.. ..(1.). .....~.:. .2... /lc2?................. ....... d \0 ,-~ , Ul '0 APPLICANT. ............................................................................................ '.....i1 vl SEE AlTACHED PAGES I 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 11 Zoning Code Chapter 40A Section 139-29B (2) ~. S ~tJtJY /' jJ~~~ ASSESSOR'S OFFICE Town of Nantucket .~ o ... ... g fi ~ ~ t; t; t; t; ~ .~ ~ t; i ~ i;;~~~~~~~~~ ~ ~~~::~~:~::~ 11. Mr-Il'f"lNNNNNNMri f< f< f< tIl tIl tIl t; ~ f< f< f< f< f< t; t; t; t; t; ~ ~ ~ ~ m ~ M ~ ~ ~ M ~ ~ ~ ~ ~ tIl tIl tIl tIl tIl ~ ~ ~ ~ ~ tIl ~ ~ ~ I I I I ~ ~ ~ ~ ~ ~ ~ ; ~ ~ J>o J>o J>o J>o -: A ~ :q o ~ ~ ~ ~ ~ f"l .. N 0 ""' ~ .. N ~ ~ ~ N N N N M ""' ""' f< f< tot E-4 E-t rn tI1 t; t; ~ ~ ~ ~ ~ ~ tI1 0 ~ ~ i i i I I I ~ ~ ~ ~ I i J>o J>o J>o ~ ~ :q .. an f"'l III ,cC ~ r-- Ln .. ... ... M f"l an ~ ~ ~ M .. 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