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Home My WebLink About055-13 4 Charter StreetFee: $300.00 RECEIVED 7013 SEP 9 API 9 58 TOWN OiT CC lilR BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION L File No. )� 4.p eY.•�pAUG / 310/�� P'h Owner's name(s): Robert 1 Deuberry and Lori A Deubeny Mailing address: c/o Reade, G llicksen Hanley and Gifford. LLP Phone Number: 508- 228 -3128 E -Mail SLCflreadelaw com Applicant's name(s): Same Mailing Address: _( 6 Youngs T 7) Post Office Box 2669 Nantucket MA 02584 Phone Number: 508- 228- 3128 E -Mail: SLC(d)readelaw com Locus Address: 4 Charter Street Assessor's Map /Parcel: 42.3.2 — 167 Deed: Book 795 Page 293 Plan.: 02 -39 Zoning District ROH Uses on Lot- Commercial: None Residential Number of dwellings -2- Duplex 0 Apartments 0 Date of Structure(s): all pre -date 7/72 or 19 30 a- cl 7, S '05 Building Permit Numbets: 51-03- 152-4 -05 6 43-05 Previous Zoning Board Application Numbers: 24 -05, 06 -08 2 Fairgrounds Road Nantucket Massachusetts 02554 508 -228 -7215 telephone 508- 228 -7298 facsimile Special permits or variance relief applying for: The locus, 4 Charter Street is a pre- existing nonconforming lot in the Residential Old Historic (ROH) Zoning District containing about 4,410+/- square feet where 5,000 square feet is now required. It contains a two story dwelling of about 1,118 +/- SF and a one story second dwelling of about 929 +/- SF, which are side -by -side on the road, with about 84.66 feet of frontage. The smaller dwelling, the historic one, is as close as 0.3 feet to the eastern lot line where 5 feet is required, but it predates the adoption of Nantucket's Zoning Bylaw in 1972. As shown in Nantucket Zoning Board of Appeals File 24-05 and a Special Permit recorded at Book �i p 960, Page 209 at the Nantucket Registry of Deeds, the ZBA previously granted relief to demolish Ui f a pre - existing garage that encroached the side and rear yard setbacks and to construct in a setback - compliant secondary dwelling that increased the ground cover ratio from about 34. n, to about 4643% in a district where the allowed ground cover ratio is 30% for an undersized lot or up to 50% with relief. In File 06 -08 and a Special Permit recorded at Book 1137, Page 189 at Nantucket Deeds, the ZBA granted further Special Permit relief to provide that the northerly /rear a lowed in 24 -05). Thns been completed and the dwellings are in compliance with the reliefrelief granted. the lot is otherwise dimensionally conforming. AA A licant now seeks a Special Permit to divide the lot into two lots under the Nantucket f o, _Housing Needs program, via Section - , as —well relief by Special Permit under 139 -30, or by Variance u597r 139 -32 to the extent necessary, on related issues. Section 139 -8C provides for the division of an existing lot by the Planning Board into a new unrestricted lot and a perpetually affordable housing restricted lot, as provided therein. The relief sought is as follows: 1) Lot Size: Due to the undersized nature of the locus, it cannot meet the requirement of 139- 8.C.2.e., which requires lots in the ROH district to have a minimum split of 3,000/2,000. ' `A Instead, the applicant proposes to split the lot 2,409+/ -SF and 2001 +/- SF, which meets the !A intent of the by -law, which was to ensue that the affordable lots were not miniscule. As shown on the plan, this split of lot area allows each lot to have about the same sized yard and parking, and sufficient frontage on the road. In this area of Town, these lots would not be abnormally undersized. Also, if this relief is not granted, the alternative is for the applicant to create the affordable unit as a condominium under 139 -8B, which has no beneficial impact and several negatives. 2) Setbacks: 139- 8C.2.f requires the lots to comply with setback requirement, except for the setbacks to the new interior lot line, which may be waived by the Planning Board. The �� Applicant seeks a waiver of the 5 foot side yard setback for the western lot, approximately 20 feet deep into the lot, to accommodate the parking space on the eastern lot, as shown on the attached Proposed Plan. As shown on the Alternative Plan, the Applicant could set the lot line and move the a/c unit to meet the setback requirement for both lots, but this would then ZbAS f require relief under 139 -18A, which is sought in the alternative if necessary, for the eastern parking space to be not fully on the eastern lot. Given the choice, locating on parking space entirely on each lot makes more sense than having one parking space split down the middle and being created through an additional waiver and easement. Further, compliance with the setback requirement would alter the lot areas and ground cover ratios to favor the unrestricted lot, at the loss to the affordable lot, as shown on the Alternative Plan, which is not consistent with the intent of the bylaw. 3) Ground Cover: 139- 8C.2.f requires the lots to comply with ground cover requirements for the underlying zoning district. The Applicant is already over the 30% allowed in the ROH district pursuant to Special Permit relief granted allowing a ratio of up to 46.43 %. The Proposed Plan shows a ground cover ratio of 46.4% for each lot. Since no new construction �� is proposed, the A4plicant seeks to have the oxistine relief validated for and applied to the ZAA new lots. as per the Proposed Plan. To the extent necessary, Applrcant seeks relief for such under 139- 33.E.2, which allows for relief to a ground cover ratio of up to 50 %. If the Board requires that the Applicant use the Alternative Plan, which would create ground cover ratios of 44.2 % + /- for the unrestricted lot and 49.3 % + /- for the restricted lot, then the Applicant also seeks relief for such ratios. 4) Shared Driveway: As previously validated, the locus contains two separate parking spaces, each with its own curb -cut access, which are grandfathered as predating the 1998 P adoption of the restriction on such in 139 - 20.1.13.1. The Proposed Plan shows one compliant Pb J driveway and parking space for each new lot. However, 139- 8.C.2.h requires that the new OV lots share a single driveway access and record an appropriate access agreement regarding A s+ such. However, in this case, that is not physically possible based on the lot conditions. The A requirement should be waived to allow the use of the existing driveways and parking. pole Related, the Special Permit issued at 24 -05 requires that the locus maintain two parking spaces. To the extent necessary, Applicant seeks clarification that the requirement is one parking space per lot after division for this purpose. 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: Steven L. Cohen, as duly authorized attorney OFFICE USE ONLY Application received on:—/—J— By:_ Complete:_ Need Copies:_ Filed with Town Clerk:—LL Planning Boud:_/_/_ Building Dept.:JJ_ 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:—/—/— 2 Fairgrounds Road Nantucket Massachusetts 02554 508 -228 -7215 telephone 508- 228 -7298 facsimile Town and C of Nantucket 2013 is 1 y,�3r- 1:;','a 11 S2r5 I23 I t '. r Iz mT 111,57 us 71 1 L r 6 42Y 117 �.� t2 p r r 1 125 fl Property Information Property ID 4232 157 Location 4 CHARTER ST Owner DEUBERRY ROBERT J& LORI al yl„ > a S MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT The Town metal no dams and no wanamles, expressed or implied concern na me wildly or eccumry of the GIS data presented on me map. 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