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HomeMy WebLinkAbout047-10 Bruce K. Komiske, et. al.~~~~C~r~ 9~ o 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 IS VESTAL STREET CUNDUMINIUM TUTAL LOT AREA=6,751f S.F. PLAN NO. 03-17 VICTOR NSF Z JANET (. GST GLIANON E 4j'37 EINMq YER NANTUCKET H4 ~ ~~ 2 3 ~3l ASSOCATION N56'39' LOCUS mAP i p2, % W n s.~t- 51.53• y 6' HI a W j//// ~ GH WOOD FfNCf H / / 2 ST / PROPANE ORY RAOD ~~ TANKS DWEL 1 / //~/ TO NG 1STOR y SIZE~ 5,000 S.F. MINIMUM LO 50 FT TAGE WOOD F MINIMUM FftON ~ NE RgME Sqb - FRONT YARD SETBACK~NO 7 / UNIT 2 H DWEL(IN U ALLOWABLE GROUND SCOVER RA ID~SOF G / G.C.=780 SF/ ~j// 6 01' W 4 pRUPOSED GROUND COVER RATI0~39.4%i 5.09' // CHIMNEY /~ 4 O n 3 ~ ~ w ~ WE DOW u = DECK O o '~ ~ Z ~ ~ a //// 6.61' `'' q /~~j / "E CE~ t N v ~ z a / O' 1 STORY WOOD w w UNI7 2 EXCLUSIVE FRAME STUDIO W 2 ~ USE AREA N a46t S F ~ A ~w AREA 4 N/F SHARON LAPPIN . . , of •- = c=s s ~ ¢ 41-38 iy ~ o s.f. c h ~ N > Q j ~ a 4w~ DECK F PROPANE w TANKS o ELE~_TRIL #i5B 4 ~ W ~ ~ DECK AND STEP TO BE REMOVED ~ S62 5.92' Mgy S62'1 3g 3! ~~ BAtK 8.56'E /Z r -, 8'S6•E 22.9P e i za_ "' f, '~at7;n STEP~EASE ~' ti ^ v MENT A9- DECK \~\ 116 S.F, ~ of TO THE HEST OF MY KNOWLEDGE _ ~\\ BULK- 25~30~ 3STEP „ '~ N ~ ~ AND BELIEF THIS PLOT PLAN IS Y CORRECT AS NOTED TIAL PROPOSED STONE • HEgD / ~~'34. ' / ~ // -5•Y? o w o, A2 0 ~ ~j/ l w > SUBSTAN L HEREON. PLAN UPDATED HY NANTUCKET SURVEYORS, LLC, FILE PATIO O GRADE DECK TO BE REMOVED ~ ~ ` '~ ' / n _ N ~u ~' ~ z a NS9903, 7/15/2010. PLAN UPDATED FDR ZO G BOARD APPEALS FILING. -v / ±• ro ~ TO BE ' ~..' - REMOVED I n v°, ~ z ~. im • / N~.- EE%~CLUSNE VV Ef ME4 Q n I I IO 5 SaNTOS ~ H - IAIiT 1 - ~ ~ ~ w W u PROPOSED °. 3r124 PAUL J. SANTOS, PLS - LANDING ~ Q ~d~q F ' ;ps~P #19 _ -~/ PROPOSED - -- f ~ 11/2 STORY WOOD v ~- / STAIRWELL u Bq~ FRAME DWELLING ~ ~'~' ~~ #ISA ~ ~ 3 4 f .... •t nereer rt fr t~s s~,e property n,es ' j o Q ~- / 1 STORY W00D ~ w ~ om~ sn~ ~s, nre sne m,es avimop ist nna a etmes stns ~ _ FRAME DWELLING ~ ''n streets aM ys snom those punl~c nn vnee sweets or •°r ! io'~ h/ UNIT I a EXISTING G.C=1,296 SF. hm 274 S F ~ y PROPOSED G C=1 V e~ ne o-enay aisnea, nra aws nn ones for mwsfnn of a°issae ommsrop s ore zlmm• far nee zn / . . ~ , . ~ w dCkj ~/ ~ r, o > 2 , y or 6 6 Q f ~ . UNIT 1 ~~ ~3 H ~ q ~ Dnte~ EXCLUSIVE w USE AREA A' AREA 2,3051 S.F. '~ > ( `' 45.1 t' y u Professional Land Surveyor 9.60' / ~- N68'47'S6'W < STDN 54.71' r I a STEPS 3 PROPOSED ~ WMDOW WELLS 0 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 4 r~E - , ~_ ~: ;~i c - -- is ti ~ 4„~ . ;' ``,is t%, ._ ``::."~= r 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 I - rvee-n i~oe-w 3 0