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Home My WebLink About066-12 7 Coon StreetTOWN OF NANTUCKET RECEIVED BOARD OF APPEALS 2012 DEC 11 PPI 3 16 NANTUCKET, MASSACHUSETTS 02554CKET TOWN CLERK Date: December 11, 2012 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 066 -12 Owner /Applicant: KRISTIN AND SCOTT PATON 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. �S�,zCW) 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 55.1.4, Parcel 54 Deed Book 1148, Page 251 7 Coon Street Residential Old Historic DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, November 8, 2012, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of KRISTIN AND SCOTT PATON, c/o Vaughan, Dale, Hunter, and Beaudette, PC, 2 Whaler's Lane, PO Box 659, Nantucket, Massachusetts 02554, File No. 066 -12: 2. Applicants are requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Sections 139- 33.E.(2)(a) (increase in ground cover ratio by Special Permit) and 139- 33.A.(4) and (5) (alteration of preexisting nonconforming structures) in order to increase the ground cover ratio on the Locus by adding a 57 square foot addition to the structure. The Locus is nonconforming as to lot size, having a lot area of about 2,369 square feet in a zoning district that requires a minimum lot size of 5,000 square feet; nonconforming as to side and rear yard setbacks, being sited as close as approximately 0.2 feet from the easterly side yard lot line and 1.6 feet from the rear yard lot line in a zoning district that requires a side and rem yard setback of five (5) feet nonconforming as to frontage, having approximately 38.76 feet of frontage in a zoning district that requires 50 feet of frontage; and nonconforming as to ground cover ratio, having a ground cover ratio of about 42.3% where 30% is allowed by right and up to 50% is allowed by Special Permit. The Applicants are proposing to add a 57 +/- square foot shed to the southeastern portion of the dwelling for a new ground cover ratio of about 45 %. The Locus is situated at 7 Coon Street, is shown on Nantucket Tax Assessor's Map 55.1.4 as Parcel 54, and evidence of owners' title is recorded at the Nantucket County Registry of Deeds in Book 1148, Page 251. The site is zoned Residential Old Historic. 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. There were no letters in favor of, or in opposition to, the application. 4. Attorney Lori D'Elia represented the Applicants. Attorney D'Elia explained to the Board of Appeals that the Applicants are requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Sections 139- 33.E.(2)(a) and Sections 139- 33.A.(4) and (5) in order to alter and extend the preexisting nonconforming structure such that there is a 57 square foot addition added. Specifically, the Applicants are proposing to add a 57 +/- square foot shed to the southeastern portion of the dwelling for a new ground cover ratio of about 45 %. Said shed will be outside all setbacks and will be no closer to the lot lines than the existing structure. The Locus is nonconforming as to lot size, having a lot area of about 2,369 square feet in a zoning district that requires a minimum lot size of 5,000 square feet; nonconforming as to side and rear yard setbacks, being sited as close as approximately 0.2 feet from the easterly side yard lot line and 1.6 feet from the rear yard lot line in a zoning district that requires a side and rear yard setback of five (5) feet; nonconforming as to frontage, having approximately 38.76 feet of frontage in a zoning district that requires 50 feet of frontage; and nonconforming as to ground cover ratio, having a ground cover ratio of about 42.3% where 30% is allowed by right and up to 50% is allowed by Special Permit. 5. Therefore, after a discussion with the agent for the Applicants, the Board finds that such a Special Permit for relief sought by the Applicants pursuant to Nantucket Zoning Bylaw Sections 139- 33.A.(4) and 139- 33.E.(2) in order to alter the structure and add ground cover, as proposed, would not be substantially more detrimental to the neighborhood because said addition and alteration will be no closer to the lot lines than the existing structure and 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 grants a Special Permit for the relief sought by the Applicants pursuant to Nantucket Zoning Bylaw Sections 139- 33.A.(4) and 139- 33.E.(2) in order to alter and extend the preexisting nonconforming single - family dwelling without increasing the nonconforming nature of the structure with the following conditions: a. That the structure shall not be constructed any closer to the lot lines than it its current closest points, as shown on the site plan entitled, "Zoning Board of Appeals Plan of Land in Nantucket, MA," dated October 5, 2012, prepared by Charles W. Hart and Associates, Inc., attached hereto as "Exhibit A'; b. That the ground cover ratio shall not exceed about 45 %; and, c. That there shall be no exterior construction for the proposed work, including the exterior use of power tools for interior work or for hardscaping, between Memorial Day and Labor Day of any year. SIGNATURE PAGE TO FOLLOW Dated: &UDIL l I , 2012 Nantuck t, S$$ ,M� ll , 2012 Ke ' Koseatac 'chael g stro eoffrey Th< er COMMONWEALTH OF MASSACHUSETTS On the I I day of 2012, before me, the undersigned notary public, 1 personally appeared 1111,�+I �, D I of , 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 Ishe signed the foregoing instrument voluntarily for the purposes therein expressed. Notary Public:' .(„ l3 Btt„(, o„w;+..•x„ My Commission Expires: 0 SSIFICATION: tc --U'r hm6lmu: S,R S,Ssr 55•/Y- 2Y N/f eewao. e usA � f>� °woo et d MAP: i APOPOS® Srs. / -• S5 /.Y-•23 ' ,ciGlf/Y rvo OA.WG,E N,(NtUG�.UL 1 1 i PifRI(!K6 1 3t 3� COON d MAP: i zavrr✓� 60AA' -V ov.IPP.F(AS OF LAND IN NANTUCKET, MA. Sw . 1•. /0' oAm: rxrGS,2oi2 owner. KR/STW S: 4 .SCaTT,9.Pi(TOH.. . o-ewa:2+e!fY9.K,zTiPm�:R£g.EFYFS �'..�`.� CHARLES F7. HART and ASSOCIATES, Inc. PROFES8IONS DER, FORS NANTU=T MA. 02554 (508) 228 -8910 $ -Syi< Po L /9 nNG vecK 3t N/P P,CNet8P6A• M�aGb✓,U� A?' /Sr /NG !9k srY pwEL,4NG h O.R _ BRKK Sr s SrRE�T zavrr✓� 60AA' -V ov.IPP.F(AS OF LAND IN NANTUCKET, MA. Sw . 1•. /0' oAm: rxrGS,2oi2 owner. KR/STW S: 4 .SCaTT,9.Pi(TOH.. . o-ewa:2+e!fY9.K,zTiPm�:R£g.EFYFS �'..�`.� CHARLES F7. HART and ASSOCIATES, Inc. PROFES8IONS DER, FORS NANTU=T MA. 02554 (508) 228 -8910 $ -Syi<