HomeMy WebLinkAbout079-12 23 Bank StreetTOWN OF NANTUCKET _
BOARD OF APPEALS z
NANTUCKET, MASSACHUSETTS 0255
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Date: January 11, 2 (13 o
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To: Parties in Interest and Others concerned with the ciaion 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 BANK 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
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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 31% in a zoning district
that allow for a maximum ground cover ratio of 30 %.
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
29.5 %, 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
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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: II ,2013
Michael 0 a
ichael An
Geoff Thayer
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. ( &. 1( 2013
On this 4 d�ayy �of� ( *- 2013, before me, the undersigned Notary Public, personally appeared
!11141 11rLL 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 jy2 /she signed it
voluntarily for its stated purpose.
Notafy Public:
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