HomeMy WebLinkAbout047-10 Bruce K. Komiske, et. al.~~~~C~r~
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TOWN OF NANTUCKET G
BOARD OF APPEALS `~
NANTUCKET, MASSACHUSETTS 02554
Date: July 15, 2011
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No:
047-10
Owner/Applicant: BRUCE K. KOMISKE, ET AL
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with the office of the Nantucket Town Clerk.
An Appeal from this Decision may be taken pursuant to Section 17
of Chapter 40A, Massachusetts General Laws.
Any action appealing the Decision must be brought by filing a
complaint in Land Court within TWENTY (20) days after this day's
date. Notice of the action with a copy of the complaint and
certified copy of the Decision must be given to the Town Clerk so
as to be received within such TWENTY (20) days.
,C~' ~~~1%~i
Edward S. Toole, 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
Assessor's Map 42.3.3, Parcel Plan Book 13, Page 14
42.3
15 Vestal Street
Residential Old Historic Book 814, Page 230
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, August 12, 2010, at 1:00 P.M., at 2
Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of BRUCE K. KOMISKE, et
al., of 88 King Street, #1009, San Francisco, CA 94107, File No.
047-10:
2. Applicants are requesting Special Permit relief
pursuant to Nantucket Zoning Bylaw Section 139-33.A (alteration
and expansion preexisting nonconforming structure) to alter and
expand a single-family dwelling ("Unit 1"). Applicants propose to
construct a new full foundation under the structure, with the
portion of the foundation that is situated within the required
westerly five-foot side yard setback area, and sited as close as
about 1.17 feet, being reduced to a "crawl space." The existing
about 16-foot ridge height would be raised by less than one-foot
as a result. In addition, an expansion is proposed that would
increase the massing over existing portions of the structure
without increasing the footprint or the overall height of the
structure above about 17 feet. There would be no increase in the
westerly side yard setback intrusion, other than the increase in
height due to the new foundation, and all other changes to the
roof structure would be done outside of all required setback
areas. The Lot also contains a conforming separate single-family
dwelling to the rear ("Unit 2B") and a separate "studio" ("Unit
2A") that is nonconforming as to side yard setback, being sited
as close as about 0.60 feet from the easterly side yard lot line
1
in a zoning district that requires a five foot side yard setback.
The locus is conforming in all other respects. The westerly side
yard setback nonconformity would be made less nonconforming as
Applicants propose to remove a deck that is sited as close as
about zero feet from the westerly lot line. The Locus is
situated at 15 Vestal Street (Unit 1), is shown on Nantucket Tax
Assessor's Map 42.3.3 as Parcel 42.3, is shown in Plan Book 13,
Page 14, and title is recorded at the Nantucket County Registry
of Deeds in Book 814, Page 230. The property is zoned
Residential-Old-Historic.
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 matters of planning concern
were presented. No abutter comment was received either in favor
or in opposition to the application.
4. Matt MacEachern represented the Applicants. Mr.
MacEachern explained to the Board that the Applicants are
requesting Special Permit relief pursuant to Nantucket Zoning
Bylaw Section 139-33.A (alteration and expansion of preexisting
nonconforming structure) to alter and expand a single-family
dwelling.
The Applicants propose to construct a new full foundation beneath
the structure, with the portion of the foundation that is
situated within the required westerly five-foot side yard setback
area. This area is sited as close as 1.17 feet from the lot line
and is reduced to a "crawl space." Accordingly, this will result
in the existing 16 foot ridge height being raised by less than 1
foot. This westerly side yard setback would be made less
nonconforming as the Applicants propose to remove a deck that is
sited as close as about 0 feet from the westerly lot line.
Additionally, the proposed expansion by the Applicants would
increase the massing over existing portions of the structure
without increasing the footprint or the overall height of the
structure above about 17 feet.
There is a conforming separate single-family dwelling unit in the
rear and a separate studio that is nonconforming as to side yard
setback, being sited as close as about 0.60 feet from the
easterly side lot line in a zoning district that requires a 5
foot side yard setback.
5. Therefore, after a discussion with the Applicants'
representative, the Board finds that such a Special Permit may be
granted to allow the Applicants to construct a new full
2
foundation beneath the structure and subsequently raising the
ridge height approximately 8 inches as the proposed alteration is
not substantially more detrimental to the neighborhood than the
existing nonconformities on the Locus.
6. Accordingly, by a unanimous vote of the sitting Board,
the Board of Appeals made the finding that the proposed
alteration is not substantially more detrimental to the
neighborhood than the existing nonconformities on the Locus with
the condition that there shall be no exterior construction
between Memorial Day and Labor Day of any year and that all
relief shall be done in compliance with the plan entitled "ZBA
Permit Plot Plan, July 15, 2010", prepared by John J. Shugrue,
Inc., dated December 20, 2002, and updated by Nantucket
Surveyors, LLC on July 15, 2010, attached hereto as "Exhibit A."
SIGNATURE PAGE TO FOLLOW
3
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I VESTAL STREET
NOTE ^FFSETS AT 90° TO PROPERTY LINE
FRUM CORNER BUARDS 4' UP. ZBA PERMIT PLOT PLAN
JULY 15, 2010
LEGEND
~ DRILL HOLE IN CONCRETE BOUND FUUND REVISION OF THE 15 VESTAL
Q IRUN PIPE FOUND STREET CONDOMINIUM
SITE PLAN
SCALE 1' = 30'
I, JOHN J. SHUGRUE, REGISTERED LAND SURVEYOR, HEREBY DECEMBER 20, 2002
CERTIFY THAT THIS PLAN FULLY AND ACCRATELY DEPLICTS JOHN J. SHUGRUE, INC.
THE LAY-OUT, LOCATION, UNIT NUMBER AND DIMENSIONS 57 OLD SOUTH ROAD
OF UNIT NUMBERS 1, 2A tt 2B OF THE 15 VESTAL STREET NANTUCKET, MA. 02554
CDNDOMINUM,AS BUILT.
o®
JOHN J. SHUGRUE scale in feet
REGISTERED LAND SURVEYOR ASSESSORS MAP 42.3.3 PARCEL N0. 42 #3765B5
\i I
Dated: J~~ `~ 2011
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss.~, 2011
On this ~~ d y of ~'~ , 2011, before me, the undersigned Notary Public, personally appeared
~~~ ,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 she signed it voluntarily
for its stated purpose.
Not ublic: ~
My ommission expires: A~ / r~~U ~h
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TOWN OF NANTUCKET ~ c
BOARD OF APPEALS ~'
~~
NANTUCKET, MASSACHUSETTS 02554
Date: July 15, 2011
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No:
047-10
Owner/Applicant: BRUCE K. KOMISKE, ET AL
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with the office of the Nantucket Town Clerk.
An Appeal from this Decision may be taken pursuant to Section 17
of Chapter 40A, Massachusetts General Laws.
Any action appealing the Decision must be brought by filing a
complaint in Land Court within TWENTY (20) days after this day's
date. Notice of the action with a copy of the complaint and
certified copy of the Decision must be given to the Town Clerk so
as to be received within such TWENTY (20) days.
G~'' >'l.~ r'~s3i
Edward S. Toole, 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
2 Fairgrounds Road
Nantucket, Massachusetts
Assessor's Map
42.3
15 Vestal Street
Residential Old
42.3.3, Parcel
Historic
DECISION:
APPEALS
02554
Plan Book 13, Page 14
Book 814, Page 230
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, August 12, 2010, at 1:00 P.M., at 2
Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of BRUCE K. KOMISKE, et
al., of 88 King Street, #1009, San Francisco, CA 94107, File No.
047-10:
2. Applicants are requesting Special Permit relief
pursuant to Nantucket Zoning Bylaw Section 139-33.A (alteration
and expansion preexisting nonconforming structure) to alter and
expand a single-family dwelling ("Unit 1"). Applicants propose to
construct a new full foundation under the structure, with the
portion of the foundation that is situated within the required
westerly five-foot side yard setback area, and sited as close as
about 1.17 feet, being reduced to a "crawl space." The existing
about 16-foot ridge height would be raised by less than one-foot
as a result. In addition, an expansion is proposed that would
increase the massing over existing portions of the structure
without increasing the footprint or the overall height of the
structure above about 17 feet. There would be no increase in the
westerly side yard setback intrusion, other than the increase in
height due to the new foundation, and all other changes to the
roof structure would be done outside of all required setback
areas. The Lot also contains a conforming separate single-family
dwelling to the rear ("Unit 2B") and a separate "studio" ("Unit
2A") that is nonconforming as to side yard setback, being sited
as close as about 0.60 feet from the easterly side yard lot line
1
in a zoning district that requires a five foot side yard setback.
The locus is conforming in all other respects. The westerly side
yard setback nonconformity would be made less nonconforming as
Applicants propose to remove a deck that is sited as close as
about zero feet from the westerly lot line. The Locus is
situated at 15 Vestal Street (Unit 1), is shown on Nantucket Tax
Assessor' s Map 42.3. 3 as Parcel 42.3, is shown in Plan Book 13,
Page 14, and title is recorded at the Nantucket County Registry
of Deeds in Book 814, Page 230. The property is zoned
Residential-Old-Historic.
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 matters of planning concern
were presented. No abutter comment was received either in favor
or in opposition to the application.
4. Matt MacEachern represented the Applicants. Mr.
MacEachern explained to the Board that the Applicants are
requesting Special Permit relief pursuant to Nantucket Zoning
Bylaw Section 139-33.A (alteration and expansion of preexisting
nonconforming structure) to alter and expand a single-family
dwelling.
The Applicants propose to construct a new full foundation beneath
the structure, with the portion of the foundation that is
situated within the required westerly five-foot side yard setback
area. This area is sited as close as 1.17 feet from the lot line
and is reduced to a "crawl space." Accordingly, this will result
in the existing 16 foot ridge height being raised by less than 1
foot. This westerly side yard setback would be made less
nonconforming as the Applicants propose to remove a deck that is
sited as close as about 0 feet from the westerly lot line.
Additionally, the proposed expansion by the Applicants would
increase the massing over existing portions of the structure
without increasing the footprint or the overall height of the
structure above about 17 feet.
There is a conforming separate single-family dwelling unit in the
rear and a separate studio that is nonconforming as to side yard
setback, being sited as close as about 0.60 feet from the
easterly side lot line in a zoning district that requires a 5
foot side yard setback.
5. Therefore, after a discussion with the Applicants'
representative, the Board finds that such a Special Permit may be
granted to allow the Applicants to construct a new full
2
foundation beneath the structure and subsequently raising the
ridge height approximately 8 inches as the proposed alteration is
not substantially more detrimental to the neighborhood than the
existing nonconformities on the Locus.
6. Accordingly, by a unanimous vote of the sitting Board,
the Board of Appeals made the finding that the proposed
alteration is not substantially more detrimental to the
neighborhood than the existing nonconformities on the Locus with
the condition that there shall be no exterior construction
between Memorial Day and Labor Day of any year and that all
relief shall be done in compliance with the plan entitled "ZBA
Permit Plot Plan, July 15, 2010", prepared by John J. Shugrue,
Inc., dated December 20, 2002, and updated by Nantucket
Surveyors, LLC on July 15, 2010, attached hereto as "Exhibit A."
SIGNATURE PAGE TO FOLLOW
3
Dated: ~~~ `~ 2011
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. ~N, l~ , 2011
On this ~~ d y of ~'~'~ , 201 ],before me, the undersigned Notary Public, personally appeared
~~~ ,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~she signed it voluntarily
for its stated purpose.
N
Not ublic:
My ommission expires: q~~~~U ~H
4
15 VESTAL STREET CONDOMINIUM
TOTAL LOT AREA=6,7511 S.F.
PLAN NO. 03-17
1/ICTpR NiF
C JANET ~ GS AGLIANON~
LOCUS MAP
ZONING: ROH
MINIMUM LOT SIZE: 5,000 S.F.
MINIMUM FRONTAGE: 50 FT
FRONT YARD SETBACK~NONE
REAR & SIDE SETBACKS FT
ALLOWABLE GROUN- COVER RATIC~50%
EXISTING GROUND COVER RATIO~39.8%t
PROPOSED GROUND COVER RATI0~39.4'/.t
TO THE HEST GF MV KNOWLEDGE
RND BELIEF THIS PLGT PLAN IS
SUBSTANTIALLY CORRECT AS NGTED
HEREON. PLAN UPDATED BY
NANTUCKET SURVEYORS, LLC, FILE
NS9901, 7/15/2010. PLAN UPDATED FOR
ZON G HOARD APPEALS FILING. v~
~~~I~ ~~
b po. Yl2d `~'.
PAUL J. SANTOS, PLS
!a s R
#19
1 1/2 STORY WOOD
FRAME DWELLING
'1 hereby certify SMt the property lbies
shoes on this pan are the ones a.lmns
:t.~ eis aw .vyssz n,w the uti~sSe f the
public nntl pNVnte streetzrw eays o
alrently establlshetl, nntl tMt ne ne.
floes for dlNSlpn ei e.ls<Ing a ersWp
er fw riez znys ore sFwzn; m
Onte~
Professional Land Surveyor
VESTAL STREET
NOTE: OFFSETS AT 90° TO PROPERTY LINE
FROM CORNER BOARDS 4' UP.
LEGEND'
~ DRILL HOLE IN CONCRETE BOUND FOUND
Q IRON PIPE FOUND
I, JOHN J. SHUGRUE, REGISTERED LAND SURVEYOR, HEREBY
CERTIFY THAT THIS PLAN FULLY AND ACCRATELY DEPLICTS
THE LAY-OUT, LOCATION, UNIT NUMBER AND DIMENSIONS
OF UNIT NUMBERS I, 2A It 2B OF THE IS VESTAL STREET
CONDOMINUM,AS BUILT.
REGISTERED LAND SURVEYOR ASSESSORS MAP 42.3.3 PARCEL N0. 42
ZBA PERMIT PLOT PLAN
JULY 15, 2010
REVISION OF THE 15 VESTAL
STREET CONDOMINIUM
SITE PLAN
SCALE 1' = 30'
DECEMBER 20, 2002
JOHN J. SHUGRUE, INC.
57 OLD SOUTH ROAD
NANTUCKET, MA. 02554
o m zo
,tale In feet
#3765B5
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