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Home My WebLink About072-13 29 Orange StreetZ o z TOWN OF NANTUCKET z rn BOARD OF APPEALS~.1 rn NANTUCKET, MA 02554 0 ..a < g rn n N APPLICATION oz 7c Fee: $300.00 File No. n -13 Owner's name(s)-.FAO Nominee Trust Mailing addtess:_C /O VDHB Box 702 Whalers Lane, Nantucket MA 02554 Phone Number_508- 228 -4455 E- Maih_m:k@vdhlaw.cmn Applicant's tune(s)—.—Same Phone Number:_Sanm E- Mail:_Stme Locus Address: 29 Orange Street Assessor's Map /Parrek 42.3.2- 68 & 69_ Land Court Plan /Plan Book & Page/Plan File No.:_Lots A and C Plan Book 7, Page 23 Deed Reference /Certificate of Title:—Book 1391 Page 257 Zoning District_ROF Uses on Lot- Cornmefcial: None_, _ Yes (describe) Residential: Number of dwellings 1_ Duplex Aparmrmu Dace of Stmctum(s): all pre -date 7/72 X of Building Permit Numbers: Previous Zoning Board Application Numbers:_Noae 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: SEE ADDENDUM ATTACHED 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: owne"` SIGNATURE: Apply- /Attorney /Agent* *If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency. OFFICE USE ONLY Application received om_/ _/_ Bp._ Complete:_ Need Copies:_ Flied 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posted with Town Clerk:-/ -/_Mailed: I&M_/ _/_ &_/_/_ Hearing(s) held on:_/_/_ Opened on:—/—J- Continued to:_/ _/_ Withdrawn:—/—/— Decision Due By:_/ _/_ Made:—/—/— Filed w /Town Clerk: —/_ /_ Mailed:—/—J- Fairgrounds Road Nantucket Massachusetts 02553 508- 228 -7215 telephone 508- 228 -7298 facsimile ADDENDUM TO THE APPLICATION — 29 Orange Street Applicant, Francis E. Cueto, Trustee of the FAO Nominee Trust u/d/t dated 2/1/2010, recorded at the Nantucket Registry of Deeds in Book 1218, Page 129, seeks a Special Permit pursuant to Section 139- 33A(3)(a) of the Nantucket Zoning By -law, as amended, with respect to the properly located at 29 Orange Street, Nantucket, MA 02554 (the "Property "). The Property is located in the R -OH Zoning District and is shown as Lot A and Lot C in Plan Book 7, Page 23 at the Nantucket Registry of Deeds. The dwelling on the Property was constructed prior to the adoption of the Nantucket Zoning Bylaw and is preexisting nonconforming with respect to the zoning regulations in the R -OH zoning district. More specifically and as shown on the attached survey prepared by Blackwell and Associates, the dwelling is 2.9 feet from the Southerly side yard lot line where a five (5) foot side yard setback is required, and has a height in excess of the maximum of 30 fee which the Zoning By Law requires. As shown on the architecture plans prepared by Boticelli & Pohl Architects, the applicant proposes to add two small additions to the north and south side of the dwelling. The proposed additions are well within the buildable portion of the Property and will not create any new non - conformities. The requested relief is in harmony with the intent and purposes of the Nantucket Zoning By -law. Further, the proposed renovations do not increase the non - conforming nature of the Premises. Therefore, the Applicant requests that the Zoning Administrator approve the Special Permit as requested to preserve the grandfathered status of the structures on the Property. In the alternative, the Applicant requests Special Permit / Variance relief from the Zoning Board of Appeals pursuant to Section 139 -33 (4) / (5) for the proposed work. Zoning $oard of Appeals 2 Fairgrounds Road Nantucket, MA 02554 2 October 2013 As Trustee of FAO Nominee Trust, owner of record of property located at 29 Orange Street, I authorize $otticelli and Pohl Architects to sign applications on my behalf. QCCT 0 p ?0,3 'q ey� LL 2 x �z a. o u a ih[:. m' . gav IIP �O N YyNU r_, /� As U`n LV�I N YY WWW O. IPA rein 33~C�O [) 0 11��11 O � k x m VK 23CKU S ~ C ��3 7 a LL ��SER6 N K � sp=y O o J� 660 qF3 Z j TTWm O O W�n 5 a m J 11 U �aYY10� u NOQ � O O E � V m Y O S a I ORANGE STREET F € �i.' 61TEF AN d 0E90 9/4/2013 -HDG �F�,pxruc-o, ;9 RECEIVED "'0q "`EOe TOWN OF NANTUCKET 2013 NIOU 15 Fri 3 40 BOARD OF APPEALS !,ANTUCKET TOWN CLERK NANTUCKET, MASSACHUSETTS 02554 Date: November 15, 2013 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 0 Owner /Applicant: Francis E. Cueto, Trustee of the FAO 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 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. Eleanor W. Antonietti, Zoning Administrator 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 505 -226 -7215. NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 42.3.2, Parcels 68 and 69 Book 1391, Page 257 29 Orange Street R -OH DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, November 14, 2013, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of FRANCIS E. CUETO, TRUSTEE OF THE FAO NOMINEE TRUST u/d/t dated 2/1/2012 recorded at the Nantucket Registry of Deeds in Book 1218, Page 129, c/o Vaughan, Dale, Hunter, and Beaudette, PC; 2 whaler's Lane, PO Box 659, Nantucket, Massachusetts 02554, File No. 072 -13: 2. Applicants are requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(3)(a) (alteration of preexisting nonconforming structures) in order to add two small additions to the north and south side of the existing dwelling within the buildable portion of the Property. The dwelling on the property was constructed prior to the adoption of the Nantucket Zoning By -Law and is pre- existing nonconforming with respect to the zoning regulations in the Residential Old Historic (R -OH) Zoning District. More specifically, the dwelling is 2.9 feet from the southerly side yard lot line where a five (5) foot side yard setback is required and has a height in excess of the maximum of 30 feet which the Zoning By -Law requires. The Locus is situated at 29 Orange Street, is shown on Nantucket Tax Assessor's Map 42.3.2 as Parcels 68 and 69, and evidence of owners' title is recorded at the Nantucket Registry of Deeds in Book 1391, Page 257. The site is zoned R -OH. 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 Richard Beaudette represented the Applicants. Attorney Beaudette explained to the Board of Appeals that the Applicants are requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Sections 139- 33.A.(3)(a) in order to add two small additions to the north and south side of the existing dwelling within the buildable portion of the lot. 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 Section 139- 33.A.(3)(a) in order to add two small additions to the north and south side of the existing dwelling within the buildable portion of the lot would not increase the nonconforming nature of the existing structure on the lot because the proposed work will be located in the buildable portion of the Property, will not create any new nonconformities, 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 Section 139- 33.A.(3)(a) in order to add two small additions to the north and south side of the existing dwelling within the buildable portion of the lot subject to the following conditions: a. That the proposed work shall be in accordance with the site plan entitled "Cueto Residence 29 Orange Street Nantucket, MA 02554 ", dated September 4, 2013, prepared by Botticelli & Pohl Architects, a copy of which is attached hereto as "Exhibit A"; b. 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: ffifl 6ff- M , 2013 COMMONWEALTH OF MASSACHUSETTS Nantucket, SS NO 1 y .2013 On the lr— day of N0 JCAAW , 2013, before me, the undersigned notary public, personally appeared ;5rjWaA-ot 770 U— 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 he/she signed the foregoing ipshument voluntarily for the purposes therein expressed. LYNELL D. VOLLANS Notary Public NOW yPublic:- Commonwealth of Massachu,.m My.C+Ohmlr5816n $X811i$S8L +agwesea My Oemmission Expires saAndsg uolsslwwo0 /.ty December 28, 2018 . xdq>ussu}y ,o y�loamuowwo� p ay �f ._ rl(ynd bsoloN ff gNV110A '13 113NL7 �fRANGE STREET �A