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HomeMy WebLinkAbout057-11 Douglas J. Hepworth and Cecelia I. HepworthTOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 APPLICATION Fee: $300.00 File No. 011 -11 Owners' naives: Douglas J. Hepworth and Cecilia L. Hepworth C �.i Mailing address: c/o Glidden & Glidden, P.C. 37 Centre Street, Post Office Box 1079, Nantucket, Mass. 02554 Phone Number: 508 - 228 -0771 E -Mail: jessie @gliddenandglidden.com Applicant's naive Douglas J. Hepworth and Cecilia L. Hepworth Mailing Address: c/o Glidden & Glidden, P.C. 37 Centre Street, Post Office Box 1079, Nantucket, Mass. 02554 Phone Number: 508 - 228 -0771 E -Mail: jessie@gliddenandglidden.com Locus Address: 2 Center Street, Siasconset Assessor's Map /Parcel: 7324 / 2 Plan and Lot Reference: Plan Book 22, Page 110 Zoning District: Sconset Old Historic Title Reference: Book 1208, Page 16 Uses on Lot- Commercial ?: No If yes, describe Residential: Number of dwellings on lot Two Number of dwelling units: Two Duplex ? No Accessory Apartments? No Date of Structures: all pre -date 7/72? No If not, when built? Main house built 1800s Cottage built 1986; c/o issued 6/28/90 Building Permit Numbers: 4800 -86; 632 -00; 928 -10 Previous Zoning Board Application Numbers: 018 -85; 019 -90; 014 -11 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: The subject property consists of a 1 story main house (built in the 1800s) and a 1 `/2 story cottage (certificate of occupancy issued June 28, 1990). The total ground cover of the existing buildings is 1,579 + s.f. (main house 1,018 and cottage 561) as shown by Existing Conditions Site Plan prepared by Island Surveyors, LLC, dated August 10, 2011, a copy of which is filed herewith as Exhibit A. The cottage was constructed pursuant to Special Permit dated March 25, 1985, and recorded with the Nantucket Registry of Deeds in Book 229, Page 186, as modified by Special Permit dated May 18, 1990 and recorded with said Registry in Book 347, Page 33. The subject property is located in the Sconset Old Historic District, which provides for a minimum lot size of 5,000 square feet, minimum frontage of 50 feet, front yard setback of zero feet, rear /sideline setback of 5 feet, and a ground cover ratio of 30% (since the Lot is pre- existing, nonconforming, and under 5,000 s.£). The subject property is nonconforming as to lot size as it has an area of 3,866+ s.£; nonconforming as to rear /sideline setback, as shown on the plan attached hereto As Exhibit A; nonconforming as to ground cover ratio with a current ratio of 40.84 %. PROPOSAL A. Applicant proposes to renovate and shift the main house (shown as #4 on the attached exhibits) by lifting it, moving it 16'6" to the southwest (away from the shared property line with 6 Center Street), and placing a foundation underneath the building. At the time of this application, Applicant has applied to the HDC for said renovations, but has not yet obtained a Certificate of Appropriateness. It is anticipated that Applicant will have obtained said Certificate of Appropriateness from the HDC by the time this application is heard by the ZBA. Applicant will provide a copy of such Certificate as well as the approved plans to ZBA staff once same are available. As a result of placing a foundation under the building, the height of the building will be increased by not more than ten inches (10 "), and a bulk -head entrance to the basement will be added, all as shown on Proposed Site Plan, prepared by Island Surveyors, LLC, dated August 10, 2011 (attached hereto as Exhibit B). By shifting the building ( #4) 16'6" to the southwest as shown on Exhibit B, the dwelling will comply with the current setback requirements, with the exception of the patio roof (approved by Variance granted at File No. 014 -11, recorded in Book 1278, Page 80). B. Applicant also proposes to remove the cottage (shown as #2 on the attached exhibits) and to construct a carriage house in its place. The newly constructed carriage house, as shown on the attached plans, will be one and one -half stories and will comply with the front, side, and rear yard setbacks, and would also comply with the requirements that the main house and secondary dwelling be separated by a minimum of 10 feet. The ground cover of the cottage being removed is 561; the ground cover of the proposed carriage house is 388, a reduction of 173 square feet. As a result of said reduction in ground cover, the ground cover ratio at Locus will be reduced from 40.84% to 36.37 %. Applicant has applied to the HDC for the removal of the existing cottage from Locus, and the construction of a new carriage house, but has not yet obtained Certificates of Appropriateness for same. It is anticipated that Applicant will have obtained said Certificates of Appropriateness from the HDC by the time this application is heard by the 2 Fairgrounds Road Nantucket Massachusetts 0 25 54 508 - 228 -7215 telephone 508 - 228 -7298 facsimile ZBA. Applicant will provide a copy of such Certificates as well as the approved plans to ZBA staff once same are available. C. In Special Permit No. 019 -90, the Board included a restriction (paragraph 9 of the decision) that "(a) the Locus never be subdivided, and (b) the secondary dwelling remain in the same ownership as the principal dwelling and never be leased separately from the principal dwelling ". Applicant requests that said restriction be removed inasmuch as the offending building is being removed from the Locus and replaced with a more appropriate building. As a practical matter, Locus cannot be subdivided, and the primary and secondary dwellings must remain in the same ownership, because to separate the ownership would be a zoning violation. However, the restriction that the secondary dwelling never be leased separately from the primary dwelling seemed to be a product of the neighborhood displeasure with the cottage when it was first constructed. The proposed renovations at Locus are more in keeping with the neighborhood. It is the intention of the applicant to use the main dwelling and the carriage house together for their family. However, future generations may want to lease the houses separately and Applicant wishes to remove said restriction for that purpose. RELIEF REQUESTED A. Applicants request relief by Special Permit under By -law § 139- 33.A(4) and/or (5), for the alteration and relocation of the existing main house ( 44) on Locus, as shown on Exhibit B attached hereto. B. To the extent necessary, Applicant requests relief by modification of decision in File No. 014 -11, which granted variance relief for the construction of the proposed patio roof located 0.2' from the rear lot line, said modification to approve the patio roof in the location shown on Exhibit B attached hereto. C. Applicants request relief by Special Permit under By -law §139-33.A(9), for removal of the existing cottage and construction of a carriage house in its place, said carriage house to be compliant with front, rear, and side yard setbacks, separation between primary and secondary dwelling, but nonconforming as to ground cover, as shown on Exhibit B attached hereto. D. Applicant requests relief by modification of decision in File No. 019 -90 to delete the restriction set forth in paragraph 9 of said decision, as discussed above. E. In the alternative, Applicant requests variance relief pursuant to the intensity regulations set forth in Section 139 -16 of the Nantucket Zoning By -Law. 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: Dou as J. epworth and Cecelia L. Hepworth, Owner* By: / Applie t /Attorney /Agent* M. Glidden, Attorney 2 Fairground /Road Nantucket Massachusetts 02554 508 -2 8 -7215 telephone 508- 228 -7298 facsimile OFFICE USE ONLY Application received on:_ /_ /_ By: Complete: Need Copies: Filed with Town Clerk:—/—/— Planning Board:_ /_ /_ Building Dept.:—/—/— By:_ Fee deposited with Town Treasurer:_/_/_ By:_ Waiver requested: Granted:—/—/— Hearing notice posted with Town Clerk:—/—/— Mailed:_ /_ /_ I &M_ /_ /_ &_ /_ /_ Hearing(s) held on: _ /_ /_ Opened on: Continued to:_ /_ /_ Withdrawn:_ /_ /_ Decision Due By:—/—/— Made:—/—/— Filed w /Town Clerk:_ /_ /_ Mailed:—/—/— 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile CURRENT ZONING CLASSIFICATION Residential Old Historic (SR —OH) MINIMUM LOT SIZE: 5000 S.F. MINIMUM FRONTAGE: 50 FT. FRONT YARD SETBACK: none REAR /SIDE SETBACK: 5 FT. GROUND COVER % : 50% �k: JE *v 1ev�- A LOT AREA 1,744± S.F. EXISTING \ 2 STY W/F BUILDING 883± S.F. (FOUNDATION) RIDGE ELEVATION = 51.4± STONE \` STEP v EXISTING 1 STY W/F BUILDING i 1,018E S.F. (FOUNDATION) s{� RIDGE ELEVATION = 479± 30.7 x EXISTING 1 112 STY W"', BUILDING i 561 ± S.F. (FOUNDATION) /l2 /1� 31.3 x LOT AREA 3,866± S.F. LECEND 31.7 x DENOTES EXISTING SPOT ELEVATION I CERTIFY, AS OF : .6.1 �U (zD // . , THAT THE BUILDING(S) IS /ARE`LOCATED ON HE G D AS SHOWN HEREON. PROFESSIONAL LAND;.; SURVEYOR ASSESSOR MAP:. 73.3.1 . . . PARCEL: ASSESSOR MAP: . 73.2.4 . . . PARCEL: #4 5�4 32.8 x V �� �JJ <� #6 O o� �y X32.9 APPROVED —� PORCH REC. 1278 -80 BENCHMARK. CONCRETE BOUND EL.= 32.00 (G.I.S.) EXISTING CONDITIONS SITE PLAN OF LAND IN NANTUCKET, MASS. SCALE: 1"-- 25' DATE: AUGUST 10, 2011_ Owner: DOUGIAS,J. A CECILIA.L. HEPWORTH, . Deed: ..1208716 ... Plan: BOOK.22 PAGE 110 Locus:... 2, 4, & 6 CENTER STREET SIASCONSET ISLAND SURVEYORS, LLC Professional Land Surveyors 90 OLD SOUTH ROAD 31 NANTUCKET, MASS. 02554 2 . (508) 228 -2720 K -223 Fxf(,2, T CURRENT ZONING CLASSIFICATION: Residential Old Historic (SR —OH) MINIMUM LOT SIZE: 5000 S.F. MINIMUM FRONTAGE: 50 FT. FRONT YARD SETBACK: none LOT AREA REAR /SIDE SETBACK: 5 FT. 1,744± S.F. GROUND COVER % : 50% EXISTING 2 STY W/F BUILDING ELEVATED AND NOT MOVED 883± S. F. (FOUNDATION) RIDGE ELEVATION = 51.4± LOT AREA 3,8661 S.F. EXISTING 1 STY W/F BUILDING TO BE MOVED 1,018± S.F. (FOUNDATION) RIDGE ELEVATION = 47.9± 30.7 x PROPOSED 1 112 STY W/F BUILDING 388± S.F. (FOUNDATION) 31.7 �j ��•/ >O #4 b 32.8 x o? 10 #6 0 yy �� OS / APPRO / PORCH REC. 4 � ?0,Z, #2 \ 0� i V 31.3�x v LE6!EjVD 31.7 x DENOTES EXISTING SPOT ELEVATION I CERTIFY, AS OF : I!�1. J1 THAT THE BUILDINGS) IS /ARE LOCATED ON THE GR !D AS SHOWN'_ HEREO1jl PROFESSIONALLAND`SURVEYOR ASSESSOR MAP: 73.3.1. PARCEL: ASSESSOR MAP: 73.2.4 . . . , PARCEL: 9 BENCHMARK: CONCRETE BOUND EL.= 32.00 (G.LS.) PROPOSED SITE PLAN OF LAND IN NANTUCKET, MASS. SCALE: 1`_— 25' DATE: AUGUST 10, 2011 Owner: . DOUGLAS,J. &. CECILIA,L, HEPWORTH. , , . Deed: .. .1208 -16 , . , Plan: BOOK 22 PAGE 110 Locus:... 2, 4, & 6 CENTER STREET, SIASCONSET . . . .... ISLAND SURVEYORS, LLC Professional Land Surveyors 90 OLD .SOUTH ROAD . 31 NANTUCKET, MASS. 02554 2 . (508) 228 -2720 K- N 96 000. y Y I 3.1.3 -27 10 0 �. 0 W ry w y ta» O. Q 1 -J o 2 3 N , �• A} 5 6 J ruco 3 kr ro Y Z A. M 7 D cl m� M 39 37 0 34 2 rC 35 Q 41 eCeOw 3 36 I 40 33 7 !D hlk�s7 3 %p;,�os.. e � I 41 3 43 30 _ 29 I I 42 - 45 0 53 2 9 44. y� f cf a0. a G04 s ; blgD 4 6} 26 2 27 46 ¢ 733,j30 z 47 ae �,. 25 S z 49 4c 7R � SL • 7 Q � - ' 50 . SS 53 9 14 2.3 AC COTTAGE AVENUE & /e,3.. Q /o 25Bys. '"'-0i3 13BysF ' v6 13 S7 Il 23 & S, s—, - /g,7 733.1-16 Z'0g 17 /2 Sg IS 733.1-),2,2 .^y MAGNOLIA AVENUE 7 .31-18 UQ T N rP _ C.) O 20 16 1 0 h�Ra�CIO AVENUE 00' To To W 73.2.3-1 N 95 000. RE ISIONS LEGEND JI DATE PARCEL D PARCE DATE PARCEL 1.) (N.C.) DENOTES NOT CONSTRUCTED. )� PFelo9remmeiry By • 1' —\}\\, 1 IN I ring '1 q >�a r �i�p qv 73.4.2-11 41 ED Ile a�3 T;I IS L43 42 KING 9q n sl IoA' ~ 3,991 s( 73.42-12 2 STREET n a sl 52 A Lu Lu 2 B6 BT F AY 98 It 93 " F- 107 ry h 106 WAY a ' W ss 40 CBS 84 n WAY h cl) 94 TUC KER 117 N STREET os WAY e3 WAY ro WAY a 57 10 'y 9 WAY • _ 95 56 62 110. o WAY F- 81 � W � aEFFeR b (04 j. y Ito 96 SON lu WAY so pig 35, W Y CO 59 115 3' III >n 97 56 Ir BO N 103 y W 9 42 o Y S WA AY IIACK 0 35 36 2 v WAY WAY N 7 61 J S 79 102 114 112 — ^' 96 73.4.2-15 37 y h WAY B 65 2: LIU W AY W I• 63 Y OJ 3 78 AYI U 101 } n 113 T 1L 64 1 r 77 76 Q+ MI TCRELL _ M NEW STREET t00 99 Be 7 66 ry STREET TOWN OF NANTUCKET 67 75 a WAY Y Z 2 71 Q q H 33 73.4.2 -16 34 WAY .sue WAY 24 O •IV O 69.} U Z OQ ° J 74 q m 72 70 'Y 32.1 26 25 ZI 32 31S WAY 23 WAY A. 29 28-, .... -. r 22 . :.. WAY BEACH .. v 0 O Y .... .: o.... .a. rz .73.2.4.1 732.4-2 30 �' WAY lQ STREET $ h 27 D_ 732.4-4 W � IV96OOO. REVISIONS LEGEND 73.Z.as 732.4'6 73.2.410 73.2.4n The 'l DATE PARCEL DATE PARCEL DATE PARCEL 1. > 1-1 SEE AREA $ERRATA LIST IN A65E66GR6 RECORDS. . �T AT • '� �;� Phoiag omme�ry 8y INFORMATION SHOWN HEREON WAS ROCHES'ER,Ky. COMPILED FROM AERIAL PHOTOGRAPHS. DEEDS. - =o t= AND PLANS OF RECORD AND 15 NOT TO BE - - CONSTRUED AS HAVING SUFFICIENT -ACCUR- ACY FOR CONVEYANCE. ,�f 5-0, 00 Town of Nantucket Zoning Board of Appeals RECEIVED BOARD OF ASSESSORS AUG 0 8 2011 TOWN OF NANTUCKET, MA LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER.. 4.9 G! ... E . ) (l.t.l..... 'i � C 1, � (.ti— .......... 40 t.0 �. - - s MAILING ADDRESS............ PROPERTY LOCATION...... ..41..E.......... . ASSESSOR MAP/PARCEL ... 7 .... off- . /.. sad-- ...... ............................... 1' SUBMITTED BY...C�. Q.�.6 �`.C�... ........... SEE ATTACHED PAGES I certify that the foregoing is a list of all 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, as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139 -29B (2)• DATE • f J d ASS SSOR'S OFFICE TOWN OF NANTUCKET W J J J J J J W W N N N N N r Y H r r r Y H r r Y Y r r Y Y Y r r Y Y r H Y Y r Y Y H Y Y r Y Y Y Y Y Y Y Y Y a a a a A W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W N O N J W N J VI A W Y Y Y Y H Y Y Y Y Y Y b b W W W J J J J J J J J J J O� m m w W w W W w w w W N N N N Y Y H Y Y O O O O O b W N r 0 b W J Ol In A W N Y O b W J W J N A W N N H O b W J Oi W A W N Y A W N Y O r °nm .'O C M H N71 ] [7O x +7 ] z s '.0 d Cm ryr 4�-o tl H N H z tl K 0 O 0 °5 H y O O H m M O n O 4 m MH M '1 n �`gHy' H H b1 H tr1 x �p p1 to m r z w 7tl Y H ',tl O .'U l7 0 H ' r bm 1 H H H H m P :r4 z tl W O fyM � ,H � m .M P m b7 K tl tl O x G] P � H H m m O H 44 n � hH l i gK P C G H H H K M O 7 0 M y r w 4 m tl y ro m H H m DI M H rm x x g z H m M H t [1 y� H P 4 m P �' z 5� d H �3 ro H r H ro N ro A W H a H H A ro ro N Y W Y M m Y W W ro ro m ro m ro Y W ro Y Y H m J W N ro Y Y N ro O J J Y O O J r N W Y N m O W O J Y N W A O W O W O N Y a N N Y b W 0 0 W N 0 O f,� m W �tr+l tD o O o o to O m r r o b 7r o 0 O N t00+ to O X N X W z n X Y O O ,O tl O O N N 0 J N H m Id tl O H W O J H X z p z H W N H ro x n Y O K m W H Y O H O W n ro W b 70 Y n yyCGl J yy C M xx ' H H m bk7 g7�°C K K Y H W y t7 m H m H � Wa C 7 H G to OLTI W t'l H fn Vj g H H H CC H [O+7 M # H m ��II m Cf m m ro :4 H m x yy n O m$a z m O y H ro O [] m y O C N n n O z t U O H H O H O H m m O 7°. z O z z n n 0 m O z r H G m m y L Z n y m H M H O H 0 H H H H M M 7G Y Y Y1 tl y 6 y K U H H 7 om ?t Y H y N ?� 4 4 k i1 7 rod YI S H 7 Y1 H li [] H H on Y O O O N O N O Y O O O W O N O O O O W O O O O J O O W H W O O O O O O H Of O O O O O O N O N Y Y Y N O N Y W W Ol W N b N N Oi Y W N J N J W N N W b W N W O1 N Y N O W N O1 Ol N N N O N W b b N N W m Y N OI J m O W N H W J a Y b UI b J N N O J O N W W m J b O r Y W W tr O A O m O1 a A W Ol H O J A b a 0 01 Y J W 0 Y a N A A m 0� O Y O W N O O1 N O N Y O a W Ri O1 a W N a tr W W a Ol 0 a a m W W W b W r a A W O b 0 N A W Oi a a r o Y a J J A o Ot W A W O r a Y N Of A I I 1 I w N Y U O 0 J O 0 o w Y Y N N N VI Y r H Y Y Y Y Y Y Y H Y 01 Y Y lP W Y W H W O1 b Y b W Y r b W Y N N b A Q� a J J J H py7f, yg W 01 UI J b a N O A W yYM ��.W17 aC xN O Y �pyyt mWq pyY1 •J! 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TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: November 10, 2011 To: Parties in Interest and Others concerned with the Decis' n of The BOARD OF APPEALS in the Application of the following: `n Application No: Owner /Applicant: 057 -11 DOUGLAS J. HEPWORTH AND CECELIA L. HEPWORTH 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. z /," - 4, %.l Cis) 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 73.2.4, Parcel 2 2 Centre Street, `Sconset Plan Book 22, Page 110 Sconset Old Historic Book 1208, Page 16 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday September 8, 2011 and Thursday October 13, 2011, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of Douglas J. Hepworth and Cecilia L. Hepworth, c/o Glidden & Glidden, P.C., 37 Center Street, Post Office Box 1079, Nantucket, Massachusetts 02554, File No. 057 -11: 2. The Locus is situated at 2 Center Street, Sconset, is shown on Nantucket Tax Assessor's Map 73.2.4 as Parcel 2, is shown on Plan Book 22, Page 110, and title is recorded at the Nantucket County Registry of Deeds in Book 1208, Page 16. The property is zoned Sconset Old Historic. 3. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(4) (alteration of preexisting nonconforming structures) in order to renovate the existing main dwelling by lifting the building to construct a basement thereunder and to add a bulkhead entrance to the basement. As a result of placing a basement underneath the building, the ridge- height of the main dwelling will be increased by not more than nine (9) inches. Applicant is also requesting to move the dwelling on -site by shifting the building to the southwest (away from the shared property line with 6 Center Street). Applicant initially requested that the main dwelling be moved sixteen and one -half (16.5) feet away from the shared lot line with 6 Center Street. After hearing comments from the Board, from the Historic Districts Commission, and the neighbors, Applicant proposes to move the building two and one -half (2.5) feet away from said property line. By placing the main dwelling two and one -half (2.5) feet away from said property line, the dwelling will continue to violate the side set back as a minimum set back of five (5) feet is required in this district. The main dwelling will comply with the front and rear setbacks, in its proposed location, with the exception of the patio roof (approved by Variance granted at File No. 014 -11, recorded in Book 1278, Page 80). Applicant has obtained approval from the Historic Districts Commission for the renovations proposed (see Certificate of Appropriateness Number 56994). 4. Further, Applicant is requesting Special Permit Relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(9) (removal and reconstruction of any or all of the preexisting structure(s) or any portion(s) thereof with ground cover in excess of the permitted ground cover) to remove the existing 2 "d dwelling at the Premises and to replace it with a smaller 2 "d dwelling with a full basement. The existing 2 "d dwelling has a ground cover of 561 square feet, and the proposed 2 "d dwelling, has a ground cover of 384 square feet, a reduction in ground cover of 177 square feet. Applicant has obtained approval from the Historic Districts Commission for said 11 move off (see Certificate of Appropriateness Number 56995) and for the new 2 dwelling (see Certificate of Appropriateness Number 57079). The new 2 "d dwelling as proposed by Applicant will be conforming as to front, side, and rear setbacks, complying as to separation between main dwelling and 2nd dwelling, and will only be nonconforming as to groundcover. By removing the existing 2„ d dwelling and replacing it with the proposed 2nd dwelling, the ground cover ratio at Locus will be reduced from 40.84% to 36.26 %, still in excess of the 30% groundcover allowed for preexisting nonconforming lots in the zoning district. 5. The proposed renovations are shown on plan entitled "Proposed Site Plan of Land in Nantucket, Mass. dated August 10, 2011, Revised October 6, 2011 ", prepared by Island Surveyors, LLC, and attached hereto as Exhibit A. 6. 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. The Board of Appeals received several letters from abutters. Some of these letters were in support and others in opposition to Applicant's proposal; several abutters appeared at the public hearing to voice their concerns about the project. 7. Attorney Jessie M. Glidden represented the Applicants. Attorney Glidden stated that the Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(4) (alteration of preexisting nonconforming structures) in order to renovate the existing main dwelling by lifting the building to construct a basement thereunder and to add a bulkhead entrance to the basement. As a result of placing a basement underneath the building, the ridge- height of the main dwelling will be increased by nine (9) inches. Applicant is also requesting to move the dwelling on -site by shifting the building to the southwest (away from the shared property line with 6 Center Street). Applicant initially requested that the main dwelling be moved sixteen and one -half (16.5) feet away from the shared lot line with 6 Center Street. Attorney Glidden advised the Board, that after hearing comments from the Board, from the Historic Districts Commission, and the neighbors, the Applicant has revised the proposal to move the building two and one -half (2.5) feet away from said property line. By placing the main dwelling two and one -half (2.5) feet away from said property line, the dwelling will continue to violate the side set back as a minimum set back of five (5) feet is required in this district. The main dwelling will comply with the front and rear setbacks, in its proposed location, with the exception of the patio roof (approved by Variance granted at File No. 014 -11, recorded in Book 1278, Page 80). Applicant has obtained approval from the Historic Districts Commission for the renovations proposed (see Certificate of Appropriateness Number 56994) 8. Attorney Glidden went on to describe the proposed changes to the existing 2nd dwelling on Locus; Applicant is requesting Special Permit Relief pursuant to Nantucket Zoning By -Law Section 139- 33.A.(9) (removal and reconstruction of any or all of the preexisting structure(s) or any portion(s) thereof with ground cover in excess of the permitted ground cover) to remove the existing 2nd dwelling at the Premises (moving it to another location on- island) and to replace it with a smaller 2nd dwelling with a full basement. The existing 2nd dwelling has a ground cover of 561 square feet, and the proposed 2nd dwelling, has a ground cover of 384 square feet, a reduction in ground cover of 177 square feet. Applicant has obtained approval oil from the Historic Districts Commission for said move off (see Certificate of Appropriateness Number 56995) and for the new 2 "d dwelling (see Certificate of Appropriateness Number 57079). The new 2nd dwelling as proposed by Applicant will be conforming as to front, side, and rear setbacks, complying as to separation between main dwelling and 2nd dwelling, and will only be nonconforming as to groundcover. By removing the existing 2nd dwelling and replacing it with the proposed 2nd dwelling, the ground cover ratio at Locus will be reduced from 40.84% to 36.26 %. 9. The subject property is nonconforming as to lot size, having approximately 3,866+ square feet in a zoning district that requires a minimum lot size of 5,000 square feet; nonconforming as to side and rear setbacks (i) as the main dwelling is sited as close as 0.1 feet from the side yard lot line and 3.9 feet from the rear lot line (with the front patio porch being sited as close as 0.2 feet from the rear line (said siting approved by Variance dated March 30, 2011, recorded with the Nantucket Registry of Deeds in Book 1278, Page 80), and (ii) the existing 2nd dwelling being sited as close as 4.5 feet from the rear lot line; and, nonconforming as to ground cover ratio having a ground cover ratio of 40.84% in a zoning district with a maximum ground cover ratio of 50% (30% for undersized lots). 10. In the alternative, Attorney Glidden informed the Board that the Applicant is requesting Variance relief pursuant to Nantucket Zoning Bylaw Section 139 -32 (variances) from the intensity regulations in Section 139 -16 (intensity regulations) for the work proposed. 11. There was public comment from abutters at both the hearing in September and again at the October hearing. These comments expressed general dissatisfaction with the proposed renovations as well as concerns including construction noise, protection of the surrounding roads (Center Street, Main Street, and Shell Street), storage of construction materials and tools during the project, parking of construction vehicles, and maintaining the historic street -scape of Sconset. The Board expressed concern regarding the construction methodology, especially with regard to the work to construct the foundations (basements and /or crawlspaces) underneath the buildings, due to their proximity to the surrounding roads and the abutters' properties. 12. Therefore, after discussion with Counsel for the Applicant, the Board finds that such a Special Permit may be granted to approve (i) the alteration of the preexisting nonconforming structure in order to move the main dwelling on -site so that it is sited 2.5 feet from the shared property line with 6 Center Street, to place a foundation underneath the main dwelling, raising the ridge height of the main dwelling no more than nine (9) inches; and (ii) the removal and replacement of a preexisting structure with ground cover in excess of the permitted ground cover in order to remove the existing 2nd dwelling and to replace it with a new 2nd dwelling inasmuch as the proposed alterations would not be substantially more detrimental to the neighborhood than the existing nonconformities on the Locus. 13. Accordingly, by a unanimous vote of the board, the Board of Appeals made the finding that the proposed alterations would not be substantially more detrimental to the neighborhood than the existing nonconformities and allowed the proposed alterations, removal and construction to be done in substantial conformity with the plan entitled "Proposed Site Plan 3 of Land in Nantucket, Mass" prepared by Island Surveyors, LLC, dated August 10, 2011, Revised October 6, 2011, attached hereto as "Exhibit A" with the following conditions: a. The renovation shall be done substantially in conformance with Historic Districts Commission Certificates of Appropriateness Nos. 56994, 56995, and 57079, as outlined above; b. No exterior construction to be performed between May 15th and October 1St and there shall be no work performed on Sundays during any year. It is the intention of the Board that this restriction on exterior construction be interpreted to mean that exterior "work- stations" and exterior use of power tools shall also be prohibited. C. Applicant shall have the siting of the foundations surveyed once completed, prior to placing the main dwelling on the foundation, or constructing the new 2nd dwelling, in order to confirm the siting of the buildings and to alleviate the need for coming back to the Board to request further relief to address errors in siting of the buildings. d. Applicant shall work with a licensed structural engineer to be sure that Applicant is taking the necessary precautions regarding safeguarding the roads surrounding Locus in the course of construction; said engineer's report to be filed with the Building Department prior to the issuance of a Building Permit for such work; e. Applicant shall perform the work in accordance with the construction methodology attached hereto as Exhibit B; f. Applicant shall construct the foundation beneath the main dwelling on Locus in a terraced fashion, such that the foundation within five (5) feet of the property line shall be a crawl -space depth, and the balance of the foundation may be the standard and customary depth for a full basement; g. Applicant shall not use vibrated driven steel in the project, but shall use drilled, pile driven steel in order to protect the surrounding roads as well as the property of the surrounding neighbors; h. The restriction imposed upon Locus by Special Permit 019 -90, providing, in relevant part, "(a) the Locus never be subdivided, and (b) the secondary dwelling remain in the same ownership as the principal dwelling and never be leased separately from the principal dwelling ", remain in effect; and i. In the event Applicant places the main dwelling not less than 2.3 feet nor more than 2.7 feet from the shared property line with 6 Center Street, no further relief from this Board shall be required. SIGNATURE PAGE TO FOLLOW IN Dated: ' wti lu .2011 COMMONWEALTH OF MASSACHUSETTS Nantucket, ss On the [ 0 day of �UN✓� , 2011, before me, the undersigned notary public, personally appeared Vui", N414 , one of the above -named members of the Zoning Board of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that Wsigned the foregoing instrument voluntarily for the purposes therein expressed. Notary Public; . C4 My Commission Expires: I/ /I IZ4 1y 5 /txk -, J A,. CURRENT ZONING CLASSIFICATION: Residential Old Historic (SR —OH) MINIMUM LOT SIZE: 5000 S.F. MINIMUM FRONTAGE: 50 FT. FRONT YARD SETBACK: none REAR /SIDE SETBACK: 5 FT. GROUND COVER % : 50% LOT AREA 1,744± S.F. EXISTING 2 STY W/F BUILDING ELEVATED AND NOT MOVED 883± S.F. (FOUNDATION) RIDGE ELEVATION = 51.4± RAISED 10" - EL.= 52.2± h o% LOT AREA r� 3,866± S.F. 1 O� y os ExlsnNC A / #4 1 STY W/F BUILDING / v TO BE MOVED / 1,018± S.F. / (FOUNDATION) RIDGE ELEVATION = 47.9± RAISED 9" _ EL. 48.6± i 30.7 x PROPOSED 1 112 STY W/F BUILDING ( S. FOUNOUN DATION F.) #2 Sow LEGEND 31.7 x DENOTES EXISTING SPOT ELEVATION 1 CERTIFY, AS OF : . . . . . . . . . , THAT THE BUILDING(S) IS /ARE--LOCATED 0 THE GjOffNQ AS SHOWN HERR�: .Yr �V 32.8 x 02 ,� 33.4 x F32. PORCH �✓ REC. 7-80 BENCHMARK: CONCRETE BOUND EL.= 32.00 (G.I.S.) PROPOSED SITE PLAN OF LAND IN NANTUCKET, MASS. SCALE: l-- 25' DATE. AUGUST 10, 2011 REVISED: OCTOBER 6, 2011 Owner: DOUGLAS, J. & CECILIA.L. HEPWORTH, , Deed: r 1208 -16 , . . Plan: BOOK. 22. PAGE .110 Locus:... Z. 4, . & 6 CENTER STREET SIASCONSET PROFESSIONALI�AN'b ,SU) VEYOR % ISLAND SURVEYORS, LLC \ Professional Land Surveyors _ 90 OLD SOUTH ROAD ASSESSOR MAP: 73.3.1. ,PARCEL: 31 NANTUCKET, MASS. 02554 ASSESSOR MAP: 73.2.4 . . . , PARCEL: 2 ... (508) 228 -2720 Tl- Verde Nantucket Green Build Oct. 10, 2011 Construction Plan Center St. Siasconset 1. Remove landscape features including fencing and hedge -Hedge material has been deemed non - transplant grade so it will be disposed -Fence and brick will be stored at landscape shop, off site 2. Prepare #2 for removal /move off 3. Move #2 to new location 4. Lift and move #4 to southern property line - Creating room to work #6 excavation /foundation from within property S. Lift #6 in place -Will remain in exact location as per survey 6. Excavate #6 accessed from south where former #4 occupied - Topsoil and spoils to be trucked off site --7.- Construct- new- shallowfoundation- for - #6 -Per drawing a3 - Shallow foundation will require no steel sheet retention, may need 4x4 and plywood retention 8. Place #6 onto new foundation and secure -New foundation will increase height 10" to bring structure to grade 9. Excavate for new 8' foundation for #4 - Topsoil and spoils to be trucked off site - Proper methods will be used to ensure no damage to roadway - Drilled pile and steel plate to protect the roadway where needed 10. Construct new foundation -Per drawing a1 11. Place #4 onto new foundation -New foundation will increase ridge height 8" to bring structure to grade 12. Excavate for 10' foundation at new building location #2 - Topsoil and spoils to be trucked off site - Proper methods will be used to ensure no damage to roadway - Drilled and steel plate to protect roadway where needed 13. Construct new foundation -Per drawing a2 14. Assemble post and beam structure 15. Complete exterior work on all buildings 16. Re- install fencing 17. Hard cape - Picket fence to be re- installed 18. Landscape - Privet hedge to be re- installed Off site parking has been secured at 12 Shell St. -Noted on attached GIS map Off site storage has been secured with landscape contractor and at project located at 19 Cannon bury Lane. -Noted on attached GIS map It is the opinion of the sub - contract electrician and plumber that all existing feeds ie sewer, electric, and water are of adequate supply and should need no road work to upgrade. Contractor will apply International Building Code Chapter 33 Safeguards During Construction. To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 057 -11, 058 -11 Owner /Applicant: Douslas J. Hepworth and Cecilia L. Hepworth; Jessie M. Glidden, Trustee of Sconset House Realty Trust Enclosed is the Technical Amendment of the BOARD OF APPEALS which as this day been filed with the office of the Nantucket Town Clerk. Edward 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. TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 Assessor's Map 73.2.4, Parcel 2 2 Centre Street, `Sconset Sconset Old Historic Assessor's Map 73.1.3, Parcel 31 6 Centre Street, `Sconset Sconset Old Historic Date: April 13, 2012 To: Catherine Stover, Town Clerk Plan Book 22, Page 110 Book 1208, Page 16 No Record Plan Book 1292, Page 195 From: John B. Brescher, ZBA Administrator Re: ZBA Decisions 057 -11; 058 -11 — Douglas J. Hepworth and Cecilia L. Hepworth; Jessie M. Glidden, Trustee of Sconset House Realty Trust Dear Catherine, At the April 12`" 2012 monthly meeting of the Zoning Board of Appeals, by a vote of 4 -0, the Board found that the Applicant's request to modify the construction methodology as described in "Exhibit B" of Zoning Board of Appeals Decision Nos. 057 -11 and 058 -11 is a technical amendment that does not require public hearing or new public notice because said amendment doest not constitute a substantive change to said decisions. The Board found that the order in which the proposed work is completed is not a substantive aspect of said decisions. This is a technical correction that will not restart the appeal period. Sincerely, �z Bre John B. rescher Zoning Board of Appeals Administrator Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile