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Home My WebLink About053-11 Martha Johnson, Trustee+a ~'~`?, 9~ F. TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: October 14, 2011 ~, _~ To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: `-' Application No: 053-11 Owner/Applicant: MARTHA JOHNSON, TRUSTEE OF 16 PLEASANT STREET NOMINEE TRUST 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. 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 76 Book 490, Page 151 16 Pleasant Street Plan Book 11, Page 23; Plan Book 12, Page 13 Residential Old Historic DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, September 8, 2011, at 1:00 P.M., at 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of MARTHA JOHNSON, TRUSTEE OF 16 PLEASANT STREET NOMINEE TRUST, 601 Gould Hill Road, Contoocook, NH 03229, File No. 053-11: 2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-33.A. (4) and (5) (alteration of preexisting nonconforming structure) and 139- 33.E.(2)(a) (special permit to allow 50o ground cover ratio in Residential Old Historic zoning district) in order to alter the pre-existing nonconforming single family dwelling. The proposed alteration will not increase the nonconforming nature of the structure and will not encroach any further into the setback than the preexisting nonconforming structure, but_will increase the preexisting nonconforming ground cover ratio from 35.30 to 38.70 in a zoning district where the allowable ground cover ratio is 300, but can be increased to 50o by Special Permit relief. The Locus and structure is nonconforming as to lot size, having a lot size of 2,448+ square feet in a zoning district that requires a minimum lot size of 5,000 square feet; nonconforming as to front yard setback, having a front yard setback that encroaches onto the traveled right of way by 1.2+ square feet in a zoning district that requires a zero (0) foot front yard setback; nonconforming as to frontage, having 48.42 1 feet of frontage in a zoning district that requires fifty (50) feet of frontage; nonconforming as to side and rear yard setbacks, being sited as close as zero (0) feet from the side yard lot line and 0.4+ feet from the rear yard lot line in a zoning district that requires a five (5) foot side and rear yard setback; and, nonconforming as to ground cover ratio, having a ground cover ratio of 35.30 in a zoning district that requires a ground cover ratio of 30o for subminimum lots. In the alternative, 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 - setbacks) in order to complete the work requested. The Locus is situated at 16 Pleasant Street, is shown on Nantucket Tax Assessor's Map 42.3.3 as Parcel 76, is shown in Plan Book 11, Page 23 and Plan Book 12, Page 13, and is recorded at the Nantucket County Registry of Deeds in Book 490, Page 151. 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. There were no comments either in favor of or in opposition to the application. 4. Nathan McMullen represented the Applicant. Mr. McMullen explained to the Board that the Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-33.A. (4) and (5) (alteration of preexisting nonconforming structure) and 139-33.E.(2)(a) (special permit to allow 500 ground cover ratio in Residential Old Historic zoning district) in order to alter the pre-existing nonconforming single family dwelling. Mr. McMullen stated that the Locus and structure is nonconforming as to lot size, having a lot size of 2,448+ square feet in a zoning district that requires a minimum lot size of 5,000 square feet; nonconforming as to front yard setback, having a front yard setback that encroaches onto the traveled right of way by 1.2+ square feet in a zoning district that requires a zero (0) foot front yard setback; nonconforming as to frontage, having 48.42 feet of frontage in a zoning district that requires fifty (50) feet of frontage; nonconforming as to side and rear yard setbacks, being sited as close as zero (0) feet from the side yard lot line and 0.4+ feet from the rear yard lot line in a zoning district that requires a five (5) foot side and rear yard setback; and, nonconforming as to ground cover ratio, having a ground cover ratio of 35.3% in a zoning 2 district that requires a ground cover ratio of 30o for subminimum lots. The proposed addition is to the rear of the structure and will not be any closer to the rear yard lot line than 5.2 feet (the rear yard setback in the Residential Old Historic zoning district is five (5) feet). Accordingly, the proposed addition will not encroach any further into the setbacks than the existing nonconformities, but will increase the nonconforming ground cover ratio from 35.30 to 38.70. 5. Therefore, after a discussion with the agent for the Applicant, the Board finds that such a Special Permit may be granted to approve the alteration of the preexisting nonconforming structure as the alteration will not intrude into the setback any further than what presently exists and that this. type of alteration would not be substantially more detrimental to the neighborhood than the existing nonconformity on the Locus. 6. Accordingly, by a unanimous vote of the sitting Board, the Board of Appeals made the finding that the proposed alteration to the preexisting nonconforming structure would not be substantially more detrimental to the neighborhood than the existing nonconformity and allowed the proposed alteration to the structure to be done in substantial conformity with the plan entitled "Addition As-Built Plot Plan, #16 Pleasant Street in Nantucket, Massachusetts," prepared by Nantucket Surveyors, LLC, dated August 31, 2011, attached hereto as "Exhibit A," with the following conditions: a. There shall be no exterior construction between May 15th and September 15th of any year; and, b. The Applicant shall retain a surveyor to ensure that the Applicant does not encroach any further into the setbacks. SIGNATURE PAGE TO FOLLOW 3 ••~~ u Dated: ~Gt, ~~ , 2011 COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. ~~ ~~ , 2011 On t i ~ J day of ~~' , 2011, before me, the undersigned Notary Public, personally appeared ~~~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/she signed it voluntarily for its stated purpose. ry Public: r , My commission expires: ~~1~/~~ 'kFiP/p~q~. p(~~ e00 k rr Pgce 23 N/F NICHOLAS, JR. & LORRAINE FERRARA 42.3.2-52 N/F 15.00' S. NORRIS & SUZANNE H. WHELDEN 42.3.3-28 ml o \ i ~ BACK .~ 0.9't SHED GC=38t S.F. p0 (EXEMPT) p N 0 ~ FENCED BACK SHOWER ,37.28, --r ,H 0 ~~ ~~~ .~~ ~ h ~ N/F N/F N ADDITION ~, ~-- - ~ SANDRAS NANTUCKET, LLC LOT - STN 12ND STORY AREA=2,4 8f S. F. ~ 42.3.2-51 G LIVING TRU DECK I\ ~ 42.3.3-75 L O BURIED ` ~ N PROPANE TANK \ ~ ~ 2.06' 2 STORY DWEWNG ~ ~ I a \ GC=8681 S.F. ~~ N ~ ~ ~ ~T N \ l \ m m X16 \ Q Q 15.00' DHCB FND 33.42' ~ ~ " * ~ ~ m DHCB DHCB FND FND ~ ~ ~ o O~ N Y ~ a m ~ * o ~- PLEASA NT = STREET _.~., ,.,~ __, / / FAi+I. J. s~.r. ~ os t1o. ssiza CURRENT ZONING:ROH ~ !~ =+~ MINIMUM LOT SIZE: 5,000 S.F. ~ MINIMUM FRONTAGE: 50' E ~0/~-l/~~ FRONTYARD SETBACK:NON SIDE AND REAR SETBACK: 5' ALLOWABLE G.C.R.: 30% (SECT. 139-33) 39.4% (SEE VARIANCE, Dd. Bk. 740, Pg. 170) EXISTING G.C.R.: 35.3% (ON LOT) FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN REUES ON CURRENT DEEDS AND PLANS OF RECORD, VERIFlED BY FlELD MEASUREMENTS AS SHOWN HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TITLE EXAMINATION OR A RECORDABLE SURVEY. N.B. 362/69 COPYRIGHT BY WANTU ADDITION AS-BUILT PLOT PLAN #16 PLEASANT STREET IN NANTUCKET, MASSACHUSETTS SCALE:1"=10' DATE: OS/31/10 DEED REFERENCE: Dd.Bk. 490, Pg. 151 PLAN REFERENCE: PI.Bk. 11, Pg. 23 PI.Bk. 12, Pg. 13 ASSESSOR'S REFERENCE: MAP: 42.3.3 PARCEL: 76 PREPARED FOR: SIXTEEN PLEASANT STREET NOMINEE TRUST MARTHA JOHNSON TRUSTEE NANTUCKET SURVEYORS LLC 5 WINDY WAY NANTUCKET, MA. 02554 LLG. N-9922