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Home My WebLink About063-12 17 Massachusetts Avenue, Sarah Alger trusteeFEE: $300.00 NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 APPLICATION FOR RELIEF CASE NO. X 3 Owner's name(s): Sarah F. Allier, as Trustee of the 17 Massachusetts Avenue Nominee Trust Mailing address: c/o Sarah F. Alger, P.C., 2 South Water Street, Nantucket, Massachusetts Applicant's name(s): Same as above. Mailing address: Same as above. Locus address: 17 Massachusetts Avenue, Nantucket, Massachusetts Map/Parcel: Map 60, Parcel 5 and Map 60.3.1, Parcel 315 Land Court Plan/Plan Book & Page/Plan File No.: L.C. Plan 2408 -Y Lot No: Lots 6 and 7, Block 29 Date lot acquired: 09/25/2009 Deed Ref. /Cert. of Title: Book 1201, Page 187 and Certificate of Title No. 23355 Zoning District: V -R Uses on Lot - Commercial: None_ Yes (describe) Residential: Number of dwellings 2 Duplex Apartments Building Date(s): All pre -date 7/72? Building Permit Nos: 395 -76 and 874 -11 Previous Zoning Board Application Nos.: or Rental Rooms C of O(s)? _ State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of the Zoning By -law, and supporting details, grounds for grant of relief, listing any ejIsti� nonconformities: z c c-> o --� ::7 See Attached Addendum. M M N n C) -v < 3 M z C.) � N r rn N I certify that the information contained herein is substantially complete and true to A►e best of my knowledge, under tpe pains and penalties of perjury. SIGNATURE: (If not owner c Application received on: / / By: Applicant Attorney /Agent X enclose proof of agency to FOR ZBA OFFICE USE Complete: this matter before the Board) 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posted with Town Clerk: / / Mailed: / / I &M: / / & —/—/ Hearing(s) held on: / / Opened on: / / Continued to: / / Withdrawn ?: / / DECISION DUE BY:—/—/— Made: / / Filed w/Town Clerk: / / Mailed: / / DECISION APPEALED?:—/—/— SUPERIOR COURT: LAND COURT Form 4/03/03 Addendum (Alger, Trustee of 17 Massachusetts Avenue Nominee Trust, 17 Massachusetts Avenue, Nantucket, Massachusetts) The Applicant seeks a special permit under Nantucket Zoning By -law (the "By- law ") § §139- 33.A(4), (5), and (9) to alter and extend two pre- existing, nonconforming structures on a pre- existing nonconforming lot by removing all or a portion of such structures, relocating and reconstructing them on the lot, and constructing second story additions, with such structures as so removed, relocated, and reconstructed not increasing any nonconformity and in fact becoming less nonconforming. The property is pre- existing, nonconforming as to lot area, having lot area of about 12,188 square feet, where 20,000 square feet is required; and as to frontage, having frontage of only about 50 feet, where 100 feet is required. The structures on the lot are pre- existing nonconforming as to front yard setback, having front yard setback of about 9.4 feet, where 30 feet is required; as to side yard setback, having side yard setback of about 1.9 feet at the closest point, where 15 feet is required; and as to ground cover, having a ground cover ration of about 10.50, where a maximum of loo is permitted. As so removed, relocated, and reconstructed, the structures on the property will remain nonconforming as to side yard setback and ground cover, but such nonconformities shall not become more nonconforming than the existing nonconformities, and shall be conforming as to front yard setback. The structures and uses on the property will otherwise conform to all dimensional and use requirements of the by -law, including parking. The property is located at 17 Massachusetts Avenue, is shown on Nantucket Assessor's Map 60 as Parcel 5 and Assessor's Map 60.3.1 as Parcel 315, is comprised of land shown as Lots 6 and 7, Block 29, on Land Court Plan 2408 -Y and land described in Deed dated September 25, 2009, recorded with Nantucket Deeds in Book 1201, Page 187, and is located in the Village Residential (VR) District. Sarah F. Alper, P.C. 508- 228 -1118 RECEIVED Town* Of Nantucket BOARD OF ASSESSORS . ZONING BOARD OF APPEALS, ' SEP 0 6 ,2012 TOWN OF NANTUCKET MA I V LIS'T'OF PARTIES 1N INTEREST IN THE MATTER OF THE PETITION OF PROPERTY' O" ER Sarah F. Alger, as Trustee of 17 Massachusetts Avenue Nominee Trust ............... f........................ ............................... MAILWO ADDRESS„ c/o Sa raih F. Alger, Attorney, 2 bouth� Water Street, Nantucket, MA 02554 ................ PROPERTY LOCATION., . 17 M...achusetts�Avenue . Nantucket, Massachusetts a ASSESSORS MAPr PARCEL:. M... P.60 P.. � ................arcel 5 and M " 1: 60.3.1 .... ,..: Parcel 315 ........................... APPLICANT Same ea above. SEE ATTACHED PAGES I certify that tho foregoing is a list of persona who are owners of abutting property, owners of land directly opposite on any public or private street or way; and abutters of the abtitters'aad all other land owners within 300 feat of tha property like of owner's proporty, all as they appear on the most recent applioablo tax list (M.G,L, e. 40A, Section I I 'Zoniag Code Chapter 139, • Section 139 -29D (2) . DATE ' . 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QHN 68 zH' qa v b :t I Y tD O M p p O rt N m r H b m N N N m H m H m {Ht N O b m p N N N N N N r rl N N N N N N m m p N N tO �O r r m O 0 N % m m m m m m m m m m m m m m m m m m m m m m m m m m m m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O o 0 0 0 N N N N N N N N N N b b b b b b b b b b b b b b b b b b b b b b b b b b b 1p Vi b b b b a a c N 0 O N fn ro C14 �AN ��P 04 IA4W jo** ----------- S4. 4 ;o M rq 0 m z 0 1 M 10 co M M;o M 0 v) M Z 10 !2 =1 40 z EA Z 3c P > A > ef —__ 'N Z ohm CD pi IS I ap ca �AN ��P 04 IA4W jo** ----------- S4. 4 ;o M rq 0 m z 0 1 M 10 co M M;o M 0 v) M Z 10 !2 =1 40 z EA p I ap ca all N 1 f N F m z m ffZ 4D Z O MADAKET HARBO N<1FRG /NE LOCH EDC£ Or TRAWLED WAY (TYR) MA55ACNU5ETT5 AVENUE (40 WIDE - PUBLIC WA)) cn U) w 0 C mm� lY "o a °c,Yri i TOWN OF NANTUCKET RECEIVED BOARD OF APPEALS 2012 DEG 14 r11 1017 NANTUCKET, MASSACHUSETTS �#2155�fET TOWN CLERK Date: December 14. 2012 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No 063 -12 Owner /Applicant: SARAH F. ALGER, AS TRUSTEE OF THE 17 MASSACHUSETTS AVENUE 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 90A, 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 Maps 60and 60.3.1 Certificate of Title No. 23,355 Parcels 5 and 315, respectively 17 Massachusetts Avenue Deed Book 1201, Page 1B7 Village Residential Land Court Plan 2408 -Y Lots 6 and 7, Block 29 DECISION• 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, October 11, 2012, at 1:00 P.M., 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of SARAH F. ALGER, AS TRUSTEE OF THE 17 MASSACHUSETTS AVENUE NOMINEE TRUST, c/o Sarah F. Alger, P.C., Two South Water Street, Nantucket, Massachusetts 02554, File No. 063 -12: 2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Sections 139- 33.A.(4), (5), and (9) (alteration and extension of preexisting nonconforming structures; removal and reconstruction of structures) in order to alter and extend the two preexisting nonconforming structures on the Locus by removing all or a portion of such structures and then relocating and reconstructing them and constructing additions to said structures. The Locus is preexisting nonconforming as to lot area, having lot area of about 12,188 square feet, where 20,000 square feet is required; and as to frontage, having frontage of only about 50 feet, where 100 feet is required. The structures on the lot are pre- existing nonconforming as to front yard setback, being sited as close as 9.4 feet from the front yard lot line, where a 30 foot front yard setback is required; and as to side yard setback, being sited as close as 1.9 feet from the side yard lot line in a zoning district where a fifteen (15) foot side yard setback is required. The Locus has a ground cover ratio of about 10.58, having ground cover of about 1,285 square feet, where the maximum ground cover ratio is 10% but is allowed maximum ground cover of 1,500 square feet by right under By -law 5139 - 33.E.(2)(b). As a result of the work proposed, the structures on the property will remain nonconforming as to side yard 1 setback, but shall be conforming as to front yard setback. The property is located at 17 Massachusetts Avenue, is shown on Nantucket Assessor's Map 60 as Parcel 5 and Assessor's Map 60.3.1 as Parcel 315, is shown as Lots 6 and 7, Block 29 on Land Court Plan 2408 -Y, and is recorded at the Nantucket County Registry of Deeds in Book 1201, Page 187. The property is zoned Village Residential. 3. Our decision is based upon the application and accompanying materials, 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. One letter was received expressing concern about a possible second story added to the structure. 4. Attorney Sarah F. Alger represented the Applicant at the hearing. Attorney Alger explained to the Board that the Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Sections 139- 33.A.(4), (5), and (9) (alteration and extension of preexisting nonconforming structures; removal and reconstruction of structures) in order to alter and extend the two preexisting nonconforming structures on the Locus. Attorney Alger explained that the Applicant intends to alter and extend the two preexisting nonconforming structures on the Locus by removing all or a portion of such structures and then relocating and reconstructing them. As a result of the work proposed, the structures on the property will remain nonconforming as to the required fifteen (15) foot side yard setback, but shall be conforming as to front yard setback and conforming as to ground cover by having less than 1500 square feet of ground cover in a zoning district that allows for a maximum allowable ground cover of 1500 square feet for undersized lots under By -law §139- 33.E.(2)(b). As explained at the hearing, the Locus is preexisting nonconforming as to lot area, having lot area of about 12,188 square feet, where 20,000 square feet is required; and as to frontage, having frontage of only about 50 feet, where 100 feet is required. The structures on the lot are pre- existing nonconforming as to front yard setback, being sited as close as 9.4 feet from the front yard lot line, where a 30 foot front yard setback is required; and, as to side yard setback, being sited as close as 1.9 feet from the side yard lot line in a zoning district where a fifteen (15) foot side yard setback is required. 2 During the hearing, Attorney Alger explained to the Board that no second story addition is being proposed as the design for the structures have been approved by the Historic District Commission in Certificate of Appropriateness ## 58571 (main house) and 58572 (garage). Further, the new structures will be sited approximately 4.3 feet from the westerly side yard lot line, 8.7 feet from the easterly side yard lot line, and 31 feet from the front yard lot line. By relocating the structures in such a way, the front yard setback violation will be cured and the side yard setback violations will be lessened. 5. Therefore, after a discussion with the agent for the Applicant, the Board finds that such Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139 -33.A. (4), (5), and (9) in order to alter and extend the two preexisting nonconforming structures on the Locus by removing all or a portion of such structures and then relocating and reconstructing them would not be substantially more detrimental to the neighborhood because said alterations and relocation will be no closer to the front and side yard lot lines than the existing structure. Further, the Board of Appeals finds that this type of alteration would be in harmony with the general purpose and intent of the Zoning Bylaw. 6. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board of Appeals made the finding that such Special Permit relief pursuant to Nantucket Zoning Bylaw Sections 139 -33.A. (4), (5), and (9) in order to alter and extend the preexisting nonconforming structures without increasing the nonconforming nature of the structures would not be any more detrimental to the neighborhood than the existing nonconformities and would be in harmony with the general purpose and intent of the Zoning Bylaw with the following conditions: a. That all work shall be done as shown on the plan labeled, "Existing and Proposed Setback Exhibit, 17 Massachusetts Avenue, Nantucket, MA." dated November 6, 2012, prepared by Bracken Engineering, Inc., attached hereto as "Exhibit A ", and, b. That all work shall be done in accordance with Historic District Commission Certificates of Appropriateness ## 58571 (main house) and 58572 (garage) , as may be amended from time to time. SIGNATURE PAGE TO FOLLOW 9 Dated: V v V ,2012 KerAim Koseatac ✓ Michael Angelastr COMMONWEALTH OF M�'A.•SISA�QCHUSETTS Nlur Nantucket, ss. � U ,2012 On this N day of V 2012, before me, the undersigned Notary Public, personally appeared Ion tql , 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/ 'Rigned it voluntarily for its stated purpose. Notary Pugi M My commission expires: INIZ -14 MADAKET Zoning Requirements ZONE: VR REQUIRED EXISTING PROPOSED HARBOR LOT AREA: 20,000 s.f. 12.1663 nf. 12,1683 s.f. MAP 60.31 FRONTAGE: 1W' W.0' 50.0' G IERtq,E LO w FRONT YARD: W. 9.4'3 31.0'3 W 8176/11 �� EXISPNG - GARAGE j SIDE/REAR YARD: 15' 1.9'3 4.33 6�Q 6r/ � GROUND COVER: 10% 113.5% 10.5% Icus.y ILL Me 00 NOTES 010, / 1. LOCUS q17 MASSACHUSETTS AVENUE MAP 60.3.1 PARCEL 315 and - MAP 6C PARCEL 5 MAP 60 PARCEL 5 & W 2. OWNER: 17 MASSACHUSETTS AVENUE AP 60.31 PARCEL 315 NOMINEE TRUST COMBINED COT AREA M SARAH F. ALGER, tmstes 12,1881 SF. n 2 SOUTH WATER STREET NANTUCKET, MA 02554 N 3. DEED REF: 1 Pg:167 R CER /23 355 CET � n MAP 60 PARCEL 4 2 MAP 60 PARCEL 6 REGISTRATION EXISRNG 621 (EX) REDISIERED HOUSE h DECK 1 CBOH (SHAOEO)_ i N 4.3'3(PR� W E MAP 60.31 PARCEL 313 7.1 I.! 3 EXISPNG - GARAGE a (SHADED) 5 PLAN SCALE u ee 1 Inch = 30 feet PROPOSED HOUSE (1.0 s st) PROPOSED DECK MAP 603! PARCEL 317 SCAR I LEGEND: (3Mx `f.) X.Xt(EXI Emma SEMACM ms2AN[ Yki(PR) MWOSED 4TBACK DISTANCE MA55AGHU54tl�5 wENUE RACKEN EXISTING & PROPOSED SETBACK EXHIBIT Igglellollafflamom 17 MASSACHUSETTS AVENUE 4, „ERR,NO,O„OROAO s.I.ECAT „NOAn NANTUCKET, MA NN,�..8AY.MAN2E22 NANTU«ET.NAN... IPlsuv�am IFl SOe.224eoM '�^' -71— eITN - IBUE.Ea.um .,..r.a�•,�«R 11.06.2012 BEI ZLB ZLB 0BV 1' =30' 410 -35 I - zAcma, .y