HomeMy WebLinkAbout019-12 24 Hussey StreetTOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554 -
Fee: $300.00
Owner's name(s): K4, LLC
APPLICATION
File No. OM-IL
Mailing address: 6109 Franklin Park Road, McLean, VA 22101
Phone Number: 508 - 228 -0771 E -Mail: Richard @gliddenandglidden.com
Applicant's name(s): same
Mailing Address:
Phone Number: 508 - 228 -0771 E -Mail: Richard @gliddenandglidden.com
Locus Address: 24 Hussey Street Assessor's Map /Parcel: 42.34 - 96
Land Court Plan /Plan Book & Page /Plan File No.: No plan on record.
Deed Reference /Certificate of Title: Book 1224, Page 242 Zoning District: ROH
Uses on Lot- Commercial: None: Yes (describe) N/A
Residential: Number of dwellings: 1 Duplex: N/A Apartments: N/A
Date of Structure(s): all pre -date 7/72: Yes
Building Permit Numbers: 7892-91;586-02;511-10
Previous Zoning Board Application Numbers: N/A
EXHIBIT A
Applicant owns property at 24 Hussey Street which he purchased in 2010. The property
is non - conforming as to lot area having 3,211 square feet in a zoning district requiring
5,000 square feet of area. The structure conforms with ground cover requirements having
a ground cover ration of 43.6% in a district where 50% is allowed. A portion of the pre-
existing building is non - conforming as to side yard set -backs being as close as 2.71 feet
in a zoning district requiring 5 feet side yard set -back. Applicant obtained a building
permit (5 11 -10) to completely renovate the building and return it to a single family
dwelling. Previous owners had used the building as an apartment house and this non -
conforming use was abandoned by applicant. During the renovation a rear cellar entrance
was restored and a wooden hatch was constructed to protect the entrance from the
elements. This rear hatch is located within the rear yard set -back being approximately
2.2 feet from the rear property line where a 5 foot set -back is required. Applicant seeks a
variance pursuant to CH 139 0 32 from the rear yard set -back requirement set out in CH
139016.
In the alternative applicant seeks a special permit pursuant to CH 139 0 33 A (8) to
permit the alteration of this non - conforming lot by "swapping" 25 square feet of area
with the property owner at 37 India Street. After this "swap" the wooden hatch will be in
conformance with the rear yard set -back requirement, the lot area will be the same and no
new non - conformities will be created. The property at 37 India Street is a conforming lot
and will remain a conforming lot after the "swap ", thus no zoning relief is required for 37
India Street.
State below or attach a separate addendum of specific special permits or variance relief
applying for:
SEE EXHIBIT A
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• Owner*
SIGNATURE: �17 T
Applicant /Attorney /Agent*
*If an Attorney or other Agent is representing the Owner or the Applicant, please provide
a signed proof of agency.
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:—/—/—
Town of Nantucket
Zoning Board of Appeals
RECEIVED
BOARD OF ASSESSORS
FEB 0 7 2012
TOWN OF
NANTUCKET, MA
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER..... .......... �`` ... .......... t - , � :.................
MAILING ADDRESS...0 �.9. .... �: � .`'.` ':: '.... ? \, ....` ?......MA (-:.`( '7- f1
PROPERTY LOCATION............ a:...�.........t.. ........:::. .........:... z.... .
ASSESSOR MAP /PARCEL....... ......................... ........�.. .......
SUBMITTED BY............ ......... ...:.�' ...............................
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).
DAT "
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ASSESSOR'S OFFICE'
TOWN OF NANTUCKET
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To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 019 -12
Owner /Applicant: K -4, LLC
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.
& � � y
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 42.34, Parcel 97
24 Hussey Street
Residential Old Historic (ROH) Deed Book 1223, Page 242
nFr.i .qinrv-
1. The Nantucket Zoning Board of Appeals held a public hearing on March 8,
2012, at 4 Fairgrounds Road, Nantucket, Massachusetts, regarding the
application of K-4, LLC, a Massachusetts LLC with a mailing address of 6109
Franklin Park Road, McLean, Virginia 22101, Board of Appeals File No. 019 -12.
The Board made the following Decision:
2. Applicant is requesting Variance relief pursuant to Nantucket Zoning
Bylaw Section 139 -32 (Variances) in order to validate the wooden hatch at the
rear of the structure that is sited as close as 2.2 feet from the rear yard setback in
a zoning district that requires a five (5) foot rear yard setback. During a
renovation in 2010, this rear cellar entrance was restored and a wooden hatch
was constructed to protect the entrance from the elements. The locus is also
nonconforming to side yard setback, being sited as close as 2.71 feet from the
side yard setback in a zoning district that requires a five (5) foot side yard
setback and to minimum lot size, having a lot size of 3,211 square feet in a
zoning district that requires a minimum lot size of 5,000 square feet. The locus
and structures thereon are otherwise conforming to the Residential Old Historic
zoning district. In the alternative, the Applicant is requesting Special Permit relief
pursuant to Nantucket Zoning Bylaw Section 139 -33 A (8) in order to permit the
alteration of this nonconforming lot by "swapping" twenty -five feet of area with the
property owner at 37 India Street. After this "swap" the wooden hatch will be in
conformance with the rear yard setback requirement, the lot area will be the
same, and no new nonconformities will be created. The property at 37 India
Street is a conforming lot and will remain a conforming lot after the "swap" and
thus no zoning relief is required for 37 India Street. The Locus is situated at 24
Hussey Street, is shown on Nantucket Tax Assessor's Map 42.3.4 as Parcel 96,
and is recorded at the Nantucket County Registry of Deeds in Book 1224, Page
242. The property is zoned Residential Old Historic.
3. Our decision is based upon the Application and accompanying materials,
representations and testimony received at the 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. Attorney Richard J. Glidden represented the Applicant at the hearing.
Attorney Glidden explained that Applicant had obtained a Building Permit to
totally renovate the dwelling which was more than 100 years old and in a
dilapidated condition. During the course of construction, Applicant's contractor
expanded a "coal shute" on the back of the house so as to provide egress and
ingress to the basement. The contractor constructed a wooden hatch over these
basement stairs and the bulkhead hatch violates the rear yard setback being
approximately 2 ± feet from the rear property line in a zoning district requiring a
5 -foot rear yard setback. After a discussion with the Applicant's attorney, the
Board did not the facts of the matter warranted variance relief. Applicant then
explained that he has reached agreement with the abutter to the rear at 37 India
Street to exchange 25 square feet parcels of land so that the bulkhead will meet
the rear yard setback requirement. The property at 37 India Street is a
conforming lot and after the "swap of land" it will remain conforming so no relief is
required as to 37 India Street. However, since the property at 24 Hussey Street
is non - conforming as to lot area containing 3189 square feet in a 5000 square
foot zone, it is necessary to obtain a Special Permit from the Board of Appeals to
alter the configuration of 24 Hussey Street. Applicant argued that the renovation
of this historic structure was a benefit to the neighborhood and that a
reconfiguration of the lot line as requested was clearly not any more detrimental
to the neighborhood than the pre- existing nonconformity.
5. Therefore, the Board finds that the alteration of the nonconforming lot by
"swapping land" with 37 India Street will not be substantially more detrimental to
the neighborhood than the existing nonconformity and will be in keeping with the
residential character of the neighborhood.
6. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board
GRANTS the requested relief by Special Permit, Chapter 139, § 33 A (8) allowing
the alteration of this pre- existing lot, upon the following conditions:
1. That the lot is altered in accordance with plan drawn by On- Island
Surveying dated February 11, 2012 and attached to this
Decision as Exhibit "A ".
2. After expiration of the appeal period, copies of the recorded deeds
completing the "land swap" are filed with the office of the
Administrator for the Board of Appeals.
SIGNATURE PAGE TO FOLLOW
Dated:
EdvArc /'rv06ie: Chair
Mich a J. Mara
Kerim Koseatac
/", ;?� L
Lisa Botticelli
�' � 0, L4�.
Susan ffcCarthy
COMMONWEALTH OF MASSACHUSETTS
County of Nantucket, ss
On this � day of "' 2012, before me, the undersigned notary public,
personally appeared 4 I (a) _X personally known
to me, or (b) proved to me through satisfactory evidence of identification, which
was (type of identification) to be the person
whose name is signed on the preceding or attached document, and acknowledged to me
that signed it voluntarily for its stated purpose.
lY/ &011 wit,
6
Official Si nat and Seal of Notary Public
My commission expires: I (4
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/ PLUS LOT B
/ AREA :3.189 SO. FT. / MOOD 1 _
YAP 4234
PARCEL 95 / / oEP;'
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NOTES
r.AP 42.34
LOTS A h B ARE PROPOSED.
P A4CEL 120
_
i
REMAINDER LOT 3 i
o
a / PLUS LOT 8
ZONING CLASSIFICATION: R -OH
PLUS LOT A % _ _ _ -1
MINIMUM LOT SIZE 5.000 SO. FT.
Z
i AREA-5.015 SOFT. r
MINIMU M FRONTAGE - 50 FT.
I
FRONT YARD SETBACK . NONE
it
(LOT 3 f LOT 6 °5.105 SOFT.) 11
REAR YARD SETBACK e 5 FT.
AS SHOWN ON PLAN NUMBER 01 -50 .: I
SIDE YARD SETBACK e 5 FT.
PREPARED BY: BLACKWELL AND ASSOC I I
GROUND COVER RATIO 50%
/ DATEO: HOVDW 7. 2001
GROUND COVER RATIO a 43.9% (24 HUSSEY STREET)
C.E. / / I I
/
GROUND COVER RATIO - 47.23E (22 HUSSEY STREEr)
GROUND COVER RATIO - 34E (37 INDIA STREET)
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ON- ISLAND SURVEY CO.. INC.
PROFESSIONAL LAND SURVEYORS
P.O.BOx 898
NANTUCKET. MA- 02554
(508) 228 -8031
BOARD OF APPEALS PLAN
NANTUCKET, MA.
24 & 22 HUSSEY STREET
37 INDIA STREET
(NANTUCKET COUNTY)
PREPARED FOR: CASTLE INC.
FEBRUARY 11, 2012
MARCH 7, 2012
SCALE: 1"= 10'
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02.S54
D °
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Date: May 4,
-1011 M
-� M
To: Parties in Interest and Others concerned with the Derision of
The BOARD OF APPEALS in the Application of the f4l wing:
M t'3
Application No: 019 -12
Owner /Applicant: K -4, LLC
Enclosed is the Technical Amendment of the BOARD OF APPEALS which
has this day been filed with the office of the Nantucket Town
Clerk.
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.
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
Assessor's Map 42.3.4, Parcel 96
24 Hussey Street
Residential Old Historic
Date: May 4, 2012
To: Catherine Stover, Town Clerk
From: John B. Brescher, ZBA Administrator
Re: ZBA Decision No. 019 -12 — K -4, LLC
Dear Catherine,
Deed Book 1223, Page 242
Attached please find the corrected first page to ZBA Decision No. 019 -12. After filing said decision, it
was noticed that the Nantucket Tax Assessor's Parcel number was incorrectly referenced. It should be
Parcel 96, not Parcel 97.
This is a technical correction that will not restart the appeal period.
Sincerely,
John B. Brescher
Zoning Board of Appeals Administrator
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508 - 228 -7298 facsimile
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road, Nantucket, Massachusetts 02554
Assessor's Map 42.34, Parcel 97 96
24 Hussey Street
Residential Old Historic (ROH) Deed Book 1223, Page 242
DECISION:
1. The Nantucket Zoning Board of Appeals held a public hearing on March 8,
2012, at 4 Fairgrounds Road, Nantucket, Massachusetts, regarding the
application of K -4, LLC, a Massachusetts LLC with a mailing address of 6109
Franklin Park Road, McLean, Virginia 22101, Board of Appeals File No. 019 -12.
The Board made the following Decision:
2. Applicant is requesting Variance relief pursuant to Nantucket Zoning
Bylaw Section 139 -32 (Variances) in order to validate the wooden hatch at the
rear of the structure that is sited as close as 2.2 feet from the rear yard setback in
a zoning district that requires a five (5) foot rear yard setback. During a
renovation in 2010, this rear cellar entrance was restored and a wooden hatch
was constructed to protect the entrance from the elements. The locus is also
nonconforming to side yard setback, being sited as close as 2.71 feet from the
side yard setback in a zoning district that requires a five (5) foot side yard
setback and to minimum lot size, having a lot size of 3,211 square feet in a
zoning district that requires a minimum lot size of 5,000 square feet. The locus
and structures thereon are otherwise conforming to the Residential Old Historic
zoning district. In the alternative, the Applicant is requesting Special Permit relief
pursuant to Nantucket Zoning Bylaw Section 139 -33 A (8) in order to permit the
alteration of this nonconforming lot by "swapping" twenty -five feet of area with
the property owner at 37 India Street. After this "swap" the wooden hatch will be
in conformance with the rear yard setback requirement, the lot area will be the
same, and no new nonconformities will be created. The property at 37 India
Street is a conforming lot and will remain a conforming lot after the "swap" and
thus no zoning relief is required for 37 India Street. The Locus is situated at 24
Hussey Street, is shown on Nantucket Tax Assessor's Map 42.3.4 as Parcel 96,
and is recorded at the Nantucket County Registry of Deeds in Book 1224, Page
242. The property is zoned Residential Old Historic.