HomeMy WebLinkAbout079-12 23 Bank StreetRECEIVED
TOWN OF NANTUCKEW,2 DEC 7 R19 11 43
BOARD OF APPEA]d §TUCKET TOWN CLERK
NANTUCKET, MASSACHUSETTS 02554
APPLICATION
Fee: $300.00
File No. 07 '1-12
Owners' names:
23 Bank Street, LLC
Mailing address:
c/o Glidden & Glidden, P.C.
37 Centre Street, Post Office Box 1079, Nantucket, Mass. 02554
Phone Number.
508- 228 -0771 E- Mail :jessie @gliddenandglidden.com
Applicant's name
23 Bank Street, LLC
Mailing Address:
c/o Glidden & Glidden, P.C.
37 Centre Street, Post Office Box 1079, Nantucket, Mass. 02554
Phone Number:
508- 228 -0771 )-Mail: jessie @gliddenandglidden.com
Locus Address:
23 Bank Street, Siasconset Assessor's Map /Parcel: 73.1.3 / 55
Plan and Lot Reference:
No Plan of Record Zoning District: Sconset Residential 1 (SR -1)
Title Reference:
Book 1330, Page 334
Uses on Lot- Commercial ?:
No If yes, describe
Residential: Number of dwellings on lot Two Number of dwelling units: Two
Duplex ? No
Accessory Apartments? No
Date of Structures: all pre -date 7/72? NO If not, when built? See attached
Building Petmit Numbers:
2389-82,4164-85,4829-86,13022-96
Previous Zoning Board Application Numbers: 054-83
2 Fairgrounds Road Nantucket Massachusetts 02554
508- 228 -7215 telephone 508 -228 -7298 facsimile
State below or attach a separate addendum of specific special permits or variance relief applying for:
The subject property currently consists of the following structures:
• 1 story main house with a small section that is 1 %a stories with a ground cover of 845
± s.f. This dwelling appears to pre-date 1972 and has not been altered since 1972 as
there is no building permit in the file.
1 story cottage with a ground cover of 240 + s.f. This structure also appears to pre-
date 1972, however, it was altered in 1982, 1984, and 1986 to convert it from a
storage shed to a second dwelling (Building Permit Nos. 2389 -82, 4164 -85, and
4829 -86) — see also Special Permit No. 054 -83, filed with the Nantucket Registry of
Deeds in Book 212, Page 254pennitting the addition of the kitchen to the structure
on the condition that the 2" kitchen be removed from the main house (copy
attached).
• 1 story garage with a ground cover of 490+ s.f.. It appears from the records of the
Building Department that the existing garage was moved from its original location at
33 Codfish Park per Building Permit No. 13022 -96.
The subject property is located in the Sconset Residential 1 District, which provides for a
minimum lot size of 5,000 square feet, minimum frontage of 50 feet, front yard setback of ten
feet, rear/sideline setback of 5 feet (10 feet from abutting ways), and a ground cover ratio of 30 %.
The subject property is conforming as to lot size as it has an area of 5,080± s.f. The existing
conditions are nonconforming in several ways:
1. The total ground cover percentage of the existing buildings is 31% as shown by
Existing Buildings Plot Plan to Accompany ZBA Application prepared by Earle & Sullivan, Inc,.,
dated November 14, 2012 (sheet 1 of 2), a copy of which is filed herewith as Exhibit A.
2. The main house is sited 1.5' from the front lot line at its closest point, violating the
front yard setback;
3. The garage is sited 2.1' from the Northerly side lot line at its closest point, violating
the side yard setback;
4. The garage is sited 3.4' from the rear lot line at its closest point, violating the rear yard
setback; and
5. The cottage is sited 4.4' from the Southerly side lot line at its closest point.
Faiuguounds Road Nantucket Massachusetts 02554
508 -228 -7215 telephone 508- 228 -7298 facsimile
PROPOSAL
• Applicant proposes to remove the existing wood frame garage from Locus entirely;
• Applicant proposes to renovate the main house, demolish and re- construct the
cottage, and add a non ground cover shed, all as shown on the Proposed Buildings
Plot Plan to Accompany ZBA Application prepared by Earle & Sullivan, Inc., dated
November 14, 2012 (sheet 2 of 2), a copy of which is filed herewith as Exhibit B.
• The main house and the cottage will have crawl spaces under them.
The proposed renovations would change the nonconformities in the following manner:
1. The total ground cover percentage of the proposed renovations is 29.5% which brings
Locus into conformity with respect to ground cover.
2. The main house will be shifted on the lot as part of the proposed renovations so that it
will be sited 5' from the front lot line at its closest point, reducing the front yard setback violation
by 3.5'. The proposed structure will continue to violate the front yard setback requirement of
10', but the proposed renovations will reduce the violation by 3.5%
3. The garage will be removed from Locus, eliminating its setback violations;
4. The cottage will be sited 5.6' away from the rear lot line at its closest point, in
compliance with the setback requirement; and
5. The cottage and the main house will be sited 5.2' from the Southerly side lot line at
their closest points, decreasing the Southerly side -yard setback violation by 0.8'. The main house
and the cottage will continue to violate the 10' side yard setback which is required because Locus
is surrounded by three "ways ". The "way on the Southerly side is not constructed, and, as
indicated by the aerial photographs from the Town's GIS website (attached hereto as Exhibit C)
is currently used as lawn by the neighboring parcels to the South. It is still, technically, a "way"
and, as such, the required setback is 10'.
Applicant has applied for HDC approval for the various portions of the project, and it is expected
that by the time this application is heard by the ZBA, the HDC will have approved the proposed
renovations and Certificates of Appropriateness will have issued. Applicant will provide a copy
of such Certificates as well as the approved plans to ZBA staff once same are available.
RELIEF REQUESTED
Applicant requests relief by Special Permit under By -law §139- 33.A(4) and/or (9), for the
removal of the garage, the alteration of the existing main house, the reconstruction / renovation of
the cottage, and the addition of a non - ground cover shed on Locus, all as shown on Exhibit B
attached hereto.
In the altemative, Applicant requests variance relief pursuant to the intensity regulations set forth in
Section 139 -16 of the Nantucket Zoning By -Law.
2 Fairgrounds Road Nantucket Massachusetts 02554
508- 228 -7215 telephone 508- 228 -7298 facsimile
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: IFS Bf Street, LLC,
By / i
M. Glidden, Attorney
A- ppliesat /Attorney /Agene
USE ONLY
Application received on:—/—/— By:_ Complete:_ Need Copies:_
Filed with Town Clerk:_ /_/_ Planning Board:JJ_ Building Dept.:JJ_ By:_
Fee deposited with Town Treasurer:_/_/_ By:_ Waiver requested:_
Granted:_ /_ /_ Hearing notice posted with Town Clerk:_/_ /_ Mailed:_/_/_
I&M _/_ /_ &_ /_ /_ Heating(s) held on: _/_ /_ Opened on :_ / _/_
Continued to:_ /_ /_ Withdrawn:_ /_ /_ Decision Due By: _/_ /_
Made:_ /_ /_ Filed w /Town Cletk:_/_/_ Mailed: _/__ -/_
Fairgrounds Road Nantucket Massachusetts 02554
508- 228 -7215 telephone 508- 228 -7298 facsimile
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THE COMMONWEALTH OF MASSAGiUBBTTS
BOARD OF APPEALS
Date:Nbruary ID ,114
CetslBn=F13 tingof Valiance or Special Ferrell
(OeMnl laws ChaptttlVA. itCU n11)
Tbs EaardofappeWofdu Cflyor TOwn Of Nantucket '
hmebyartifratbat RYA&IO W SPvcWpesaahhesba ps-d
To LEO AND DORO'fBY PME"ON
Address
City or Town Jamaica, N.Y. 11431
.fretting the rights oftheowever with respem tolartdm buildings at 11 111112%; erases
Codfish Park, Siaaccnset, Nantucket
And the said Board of Appeals further certifies that the decision attached hereto I. a tries and I
coerest copy of its decision granting said NIWd — special Permit, and that copies of said
decision, and of all plans referred to in the derision, have been Ned with the planning board and j
the city or town clerk. l
The Board of Appeals also calls to the attention of the owner or applicant that General lam. '
Chapter aOA, Section 11 (jut paragraph) provides that no variance or special permit, or any ex- i
torsion, modification or renews) thereof, shall take effect until s copy of the election bearing the
certification of the town or city clerk that twenty days have elapsed after the decision has been
riled in the office of the city or town clerk and no appeal has been filed or that, if such appal has
been filed, that it has been dismissed or denied, I. recorded In the registry of dads for the county
and district in which the land is located and indexed in the grantor index under the sums of the
owner of record or is recorded and noted on the Owner's certificate of title. The for for such Tecor.
dingo,"isteringshall be paid by the owner or applicant.
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TOWN OF NANTUCKET
Far
{' BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Decision,
At a meeting of the Board of Appeals held on Friday,
.7eAUAry 27, 1984 in the Town and County Building in the matter
of the Application of LEO AND DOROTHY PETERSON (054 -83), the
Board flndn
1. This Is an application far a SPECIAL "MIT under Section 1(A)
(1)(b) of che Zoning By -law. If granted, the Applicants- vcold he
permitted • asrondary dwelling oa premises at 25 Bank Street,
Codfish park, SIASCONSET which are tuned RESIDENTIAL 1.
2. Thle Application comeabefore the BOARD because a question
has arina a to the existence of two (2) kitchen. In the
present main dwelling of the Applicants. Under Section 4B)(1)
of the Zoning By -Lev, permitted uses in a Residentia1-1
District an, (a) All use. permitted In Limited Us. General Districts,
Ic) A dwelling containing two dwelling units in
R -llnd R -10 districts only ( one of which shall
F
be a secondary duelling unit) provided that any sl
.. lot... shall not contain any additional dwellings
- or dwelling units....
1983 By -Lau, p.8
Limited Use General Districts permit secondary detached dwelling. C�
OR the eaes lot as a principal single family dwelling( 19U
BY-Law, p.5, potion 4(A)(1)(a),(b).
]. " the Appllcaat hes tooteded that then ars Clearly two
:.
kltehae, I. the deietiag sin dwelling, it in clear chat absent '!
D
ern 212 rwt2W
hereon, P•1
a shoring of barda44p sufficient for a V"LAYee , Which Waned"
has cut been made bate, the APP1104..t shat ebnN to haw eltbsr
Section 4(a)(1) W or 4(a(1)(o) apply to the premises. In brief,
e choice neat he Bade betwan • vein duelling and a secondary
dwelling,or tuo apartments in the mLn daelling with on 8e008"
dwlllnq.
t. Based upon the APplication, supporting documents and plane,
a Vitu of the site, testimony and the foxagoing considerations
of law, the BOARD finds that t.e Applicants Proposed woondery
dwelling on their premises mould cwt be detrimental to the
neighborhood and would he in heraony with the general Purpose
and intent of the By -Law, and for the reason set forth hereby
GRANTS the Applicants a SPECIAL PERMIT under Section 4 of the
Sy -Law on condition that the second kitchen be removed from
the eristlng dwelling to the satisfaction of the Building
Inspector and that it continue to be so- renouad to his satisfatim,
by UNANIMOUS wts.
NANTUCKET COUNTY
Redelved and Entered
MAR 461984 3:J- ?/9
Attest MAd+t�aux C _-�
Repda
Bated. aastucket, mane
yebruary 10 , 1984
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Town of Nantucket
Zoning Board of Appeals
RECEIVED
BOARD OF ASSESSORS
NOV 15`2012
TOWN OF
NAMWCIWT MA
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER.23., �/.�INkk.._.4?. X/..X�J..,W, .Q.......
MAILING ADDRESS... C /9...i?/((1���i.1F. .1..� .(,JJlt d��Kg(..`I. OC...
PROPERTY LOCATION.Z� ..--.''.]]E..�. 2.. �1. X.L�.�./... SJa rlWe
ASSESSORMAP/PAR .......T..:..1..:... .....55 ...............
SUBMITTED BY...-............ .,l..C.I'1..�...l.y...C�!'�. °S-
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 t 1 and Zoning Code Chapter 40A, Section 139 -29B
(2)
/7'iav;'
SATE SSESSOR'S O •ICE
TOWN OF NANTUCKET
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TOWN OF NANTUCKET _
BOARD OF APPEALS z
NANTUCKET, MASSACHUSETTS 0250 m
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Date: January 11, 2 (13
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To: Parties in Interest and Others concerned with the�6ecision of
The BOARD OF APPEALS in the Application of the following:
Application No:
Owner /Applicant: 23 Bank Street, 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.
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 73.1.3, Parcel Deeds Book 1330, Page 334
55
23 Bank Street `Sconset Residential - 1
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, December 13, 2012, at 1:00 P.M., 4
Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of 23 BANE STREET, LLC,
c/o Glidden & Glidden, P.C., 37 Centre Street, PO Box 1079,
Nantucket, Massachusetts 02554, File No. 079 -12:
2. Applicant is requesting Special Permit relief pursuant
to Nantucket Zoning Bylaw Sections 139- 33.A.(4) and (5) in order
to alter and extend the preexisting nonconforming structures on
the Locus. The structures on the Locus are nonconforming with
respect to setbacks, being sited as close as approximately 1.5
feet from the front yard lot line, approximately 2.1 feet from
the northerly side yard lot line, approximately 3.4 feet from
the rear yard lot line, and approximately 4.4 feet from the
southerly side yard lot line in a zoning district that requires
a front yard setback of ten (10) feet, a side yard setback of
ten (10) feet pursuant to Section 139- 16.C.(3) of the Zoning
Bylaw, and a rear yard setback of five (5) feet. The structures
are also nonconforming as to ground cover ratio, having a ground
cover ratio of about 31% in a zoning district that allows for a
maximum ground cover ratio of 30 %. The Applicant proposes to
remove the existing garage and renovate the main house and
cottage, and add a non - ground cover shed. As a result of the
proposed renovations, the ground cover on the Locus will be
approximately 29.5 %; the main house will be sited five (5) feet
from the front lot line at its closest point; the garage will be
removed from Locus, eliminating its setback violations; the
cottage will be sited approximately 5.6' away from the rear lot
line at its closest point, in compliance with the setback
requirement; and the cottage and the main house will be sited
5.2' from the southerly side lot line at their closest points.
The Locus is situated at 23 Bank Street, Siasconset, is shown on
Nantucket Tax Assessor's Map 73.1.3 as Parcel 55, and evidence
of owner's title is recorded at the Nantucket County Registry of
Deeds in Book 1330, Page 334. The site is zoned `Sconset
Residential - 1.
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 Jessie M. Glidden represented the Applicant
the hearing. Attorney Glidden explained to the Board that the
Applicant is requesting Special Permit relief pursuant to
Nantucket Zoning Bylaw Sections 139- 33.A.(4) and (5) in order to
alter and extend the preexisting nonconforming structure on the
Locus without increasing the nonconforming nature of said
structure.
The structures on the Locus are nonconforming with respect to
setbacks, being sited as close as approximately 1.5 feet from
the front yard lot line, approximately 2.1 feet from the
northerly side yard lot line, approximately 3.4 feet from the
rear yard lot line, and approximately 4.4 feet from the
southerly side yard lot line in a zoning district that requires
a front yard setback of ten (10) feet, a side yard setback of
ten (10) feet pursuant to Section 139- 16.C.(3) of the Zoning
Bylaw, and a rear yard setback of five (5) feet. Further, the
structures are nonconforming as to ground cover ratio, having a
ground cover ratio of approximately 318 in a zoning district
that allow for a maximum ground cover ratio of 308.
The Applicant proposes to remove the existing wood frame garage
from the Locus entirely, renovate the main house, demolish and
reconstruct the cottage, and add a non - ground cover shed. Also,
as a result of these renovations, the main house and cottage
will have crawl spaces beneath them.
Further, as a result of the proposed alterations, the total
ground cover ratio on the Locus will be reduced to approximately
29.58, which brings it into conformity with the ground cover
regulations of the `Sconset Residential - 1 zoning district.
The main house will also be relocated such that it will be
approximately five (5) feet from the front yard lot line. The
K
garage, which was sited in the setbacks, will be removed as a
part of the renovation. The cottage will be sited approximately
5.6 feet away from the rear yard lot line, which will comply
with the setback requirements. Finally, the cottage and the
main house will be sited approximately 5.2 feet from the
southerly side yard lot line. They will continue to violate the
ten (10) foot side yard setback violation.
5. Therefore, after a discussion with the Applicant, the
Board finds that such Special Permit relief pursuant to
Nantucket Zoning Bylaw Sections 139- 33.A(4) and (5) in order to
remove the existing wood frame garage from the Locus entirely,
renovate the main house, demolish and reconstruct the cottage,
and add a non - ground cover shed on the Locus would be in harmony
with the general purposes and intent of the Bylaw and would not
be substantially more detrimental to the neighborhood than the
existing nonconformity.
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)
and (5) to allow the applicant to remove the existing wood frame
garage from the Locus entirely, renovate the main house,
demolish and reconstruct the cottage, and add a non - ground cover
shed on the Locus would not be substantially more detrimental to
the neighborhood than the existing nonconformity and would be in
harmony with the purpose and intent of the Zoning Bylaw with the
following conditions:
a. That all work shall be done in substantial compliance
with the plan entitled, "Plot Plan to Accompany A Z.B.A.
Application for #23 Bank Street in Nantucket, (Sconset)
Mass.," prepared by Earle & Sullivan, Inc., dated
November 14, 2012, attached hereto as "Exhibit A "; and,
b. That there shall be no exterior construction between
Memorial Day and Labor Day of any year.
SIGNATURE PAGE TO FOLLOW
3
Dated: 11 ,2013
Michael O'M r�
ichael An
Geoff Thayer
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. &. 11 2013
On this It dayy pQf� u+ 2013, before me, the undersigned Notary Public, personally appeared
MMl , who is personally known to me, and who is the person whose
name is signed on the preceding of attached document, and who acknowledged to me that82 /she signed it
voluntarily for its stated purpose.
Notdy Public: Solk 15 bpj�
My commission expires: Vytl o
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