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HomeMy WebLinkAbout020-11 David P. WhiteTo: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: Owner /Applicant: 020 -11 DAVID P. WHITE 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. Assessor's Map 2 Hussey Street Book 171, Page DECISION: NANTUCKET ZONING BOARD OF 2 Fairgrounds Road Nantucket, Massachusetts 42.3.1,Parcel 119 206 APPEALS 02554 Plan Book 16, Page 34 Commercial Downtown 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, July 14, 2011, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of DAVID P. WHITE, C/O SARAH F. ALGER, P.C., 2 SOUTH WATER STREET, NANTUCKET, MA 02554, File No. 020 -11: 2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(4) (alteration of preexisting nonconforming structure) and a modification of the decision in File No. 015 -97 in order to convert the structure on the Locus to one single- family dwelling, including lifting the structure to put a foundation with a full basement in its existing location and making changes to the roof pitch, in its existing location and constructing an addition to the structure that will comply with all dimensional requirements of the By- law, with parking continued to be waived as necessary. The structure is nonconforming as to rear -yard setback by having a setback of only 0.1 feet where '5 feet is required and by having a lot area of only 2,650 feet where 3,750 feet is required. The Locus is situated at 2 Hussey Street, is shown on Nantucket Tax Assessor's Map 42.3.1 as Parcel 119, is shown as Lot 2 in Plan Book 16, Page 34, and title is recorded at the Nantucket County Registry of Deeds in Book -171, Page 206. The property is zoned Commercial Downtown. 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 1 was presented. There was a letter on file with the Zoning Board of Appeals in opposition to said application. 4. Attorney Sarah Alger represented the Applicant at the hearing. Attorney Alger explained that the Applicant is requesting a modification in order to convert the structure on the Locus to one single- family dwelling. The Applicant also intends to lift the structure in order to put a foundation, with a crawl space or full basement, in its existing location or a more conforming location and to change the roof pitch of the structure, including the portion of the structure that is within the rear yard setback. Attorney Alger also explained that the Applicant further intends to construct an addition to the structure that will comply with all dimensional requirements of the Bylaw. 5. The structure is nonconforming as to rear -yard setback by having a setback of only 0.1 feet where 5 feet is required and by having a lot area of only 2,650 feet where 3,750 feet is required. The proposed modifications and alterations will not affect the Locus in any way that will increase the existing nonconformities or create any new non - conformities on the Locus. As the Applicant has the benefit of Special Permit in 1997 (Decision No. 019 -97) that waived the required parking on the Locus, the Applicant also requests that the previously waived parking remain waived. 6. Accordingly, the Board of Appeals, by unanimous vote of the sitting members, found that the proposed modification of the decision in File No. 015 -97 in order to convert the structure on the Locus to one single- family dwelling and the alteration to lift the structure in order to put a foundation, with a crawl space or full basement, change the roof pitch of the structure, and create an addition that will comply to the zoning requirements of the Bylaw will be in harmony with the purpose and intent of the Zoning Bylaw and the proposed alteration will not be substantially more detrimental to the neighborhood than the existing nonconformity. Therefore, the Board granted relief with following conditions: a. There shall be no exterior construction between May 1St and October lst of any year; b. All work shall be done in accordance with the plan entitled "Zoning Board of Appeals Application," dated July 8, 2011, prepared by VA Emeritus Development, Ltd, attached hereto as "Exhibit A "; and, c. All work shall be done in substantial compliance with Historic District Commission Certificate of Appropriateness Number 56616, as may be amended. TECHNICAL AMENDMENT 1. Since the Board granted the aforementioned relief the applicant amended the scope of the proposed work to eliminate the raising of the structure, to eliminate the installation of a full basement and to cause the addition to be supported by piers. The proposed addition to the structure will comply with all dimensional requirements of the Bylaw. 2. Attorney Michael J. Wilson represented the applicant at the hearing. Attorney Wilson explained that the revised scope of work was the result of a negotiated compromise to an appeal of decision 020 -11. 3. The applicant has secured the .approval of the Historic District Commission for the amended scope of work. 4. The proposed modifications and alterations will not affect the Locus in any way that will increase the existing nonconformities or create any new non - conformities on the Locus. Therefore, a. There shall be no exterior construction between May lst and October 1st of any year. b. All work shall be done in accordance with the plan entitled Zoning Board of Appeals Application" dated November 1, 2011, prepared by Emeritus Development, Ltd. Attached hereto as Exhibit A; and, c. All work shall be _done Historic District Commission Number 57194 as may be amended. in substantial compliance with Certificate of Appropriateness d. This amendment to permit 020 -11 shall not require the twenty, (20) day appeal period prior to recording. 3 SIGNATURE PAGE TO FOLLOW 2 Dated: December 8, 2011 Nantucket, ss. Kerim Kose c N� r COMMONWEALTH OF MASSACHUSETTS Dl(n 32011 On this Lday f Wa.— ", 2011, before me, the undersigned Notary Public, personally appeared ;h"L. , 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 /tq signed it voluntarily for its stated purpose. ary Public:„ My commission expires: �rl�r l4 5 f aal 6 $ 8s92 V r a Hill s 0 +n 0 N_ N ^I7 � °w w I Z3 �I ov ' o Q �1 hl o a 1 "' ELI � 0 tZ p m m � ae w m z�zvi / `n` ji a 1 d N I I ° JI +�jl I l li ^ I oZS£ IZ� - -� o ° I z 6 k •k0•kd uoijonajsuoo aoj ION - AIUO uoisslwgnS -0 -G -H (•y� `liit c n =La�q M €Y c m a 0 0 LL 9 C v ti c m ' x w c m a `o 0 LL W LL C = m . 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