HomeMy WebLinkAbout083-13 15 Meader StreetNOV 13 2013
TOWN OF NANTUCKET BY:_____________
BOARD OF APPEAL w
NANTUCKET, MA 02554 -� ° a
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APPLICATION 3 rn
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Fee: $300.00 File Nor N-3
Owner's name(s): Preserve ACA, LLC
C/o Sarah F. Alger, Attorney
Mailing address: 2 South Water Street. Nantucket. NA 02554
Phone Number 505- 228 -1115 —E-Mail: efa @.fap..c.
Applicant's name(s): Same as above.
Mailing Address:
S. as above.
Phone Number: Same as above. _E-Mail: Same as above.
Locus Address: 15 Meader Street Assessor's Map /Parcel: 4223/45
Land Court Plan /Plan Book & Page /Plan File No.: Plan Book 24, Page 39
Book 1401,
Deed Reference /Certificate of Title: Page 340 Zoning District R -1
Uses on Lot- Commercial: None x Yes (describe)
Residential: Number of dwellings---L- Duplex Apartments
Date of Structure(s): all pre-date 7/72 yes or
Building Permit Numbers: 8415 -94 (Repair)
Previous Zoning Board Application Numbers: none. ' D P
A TV 15 2013 �►
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2 Fairgrounds Road Nantucket Massachueette 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.
*If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency.
OFFICE USE ONLY
Application received on:_/_/_ By:_ Complete:_ Need Copies:_
Filed with Town CIukJJ_ Planning Board: - -_ Building Dept.-._/J_ By:_
Fee deposited with Town Treasurer/-_ By:_ Waiver requested:_
Granted: _/_ /_ Hearing notice posted with Town Clerk—._/_J_
I&M —/—J_ &_/ _J_ Hearing(s) held on:_/_/_ Opened on : _J_J_
Continued to:_/_/_ Withdrawn:_/,_/_ Decision Due By-._/_J_
Made:_/_/_ Filed w /Town Clerk:_/_/_ Mailed:_/_/_
2 Fairgrounds Road Nantucket Massachusetts 02554
508 -228 -7215 telephone 508- 228 -7298 facsimile
ADDENDUM
(Nantucket Zoning Board of Appeals Application
15 Meader Street, Nantucket, Massachusetts)
The Applicant seeks a Special Permit under Nantucket Zoning By-
law (the "By -law ") §§139- 33.A(4)(5) &(9) (Alteration and
Extension of Pre- existing Nonconforming Uses and Structures) to
alter and extend a pre- existing use on a pre- existing lot. To
the extent necessary, the Applicant also seeks a Special Permit
under Bylaw 9139 -18.B (Parking).
The property is nonconforming as to use, being currently
improved by five structures, four of which contain single- family
dwellings and one of which has been historically used as a
dwelling but does not contain a kitchen.
The structures do not meet the dimensional requirements of the
By -law having front yard setback of about 2.6 feet, where ten
(10) feet is required; side yard setback of about 1.1 foot,
where five (5) feet is required; rear yard setback of about 1.7
feet where five (5) feet is required; and ground cover of about
36.2% (about 2,632 square feet) where maximum allowable ground
cover is 358 (2,183 square feet). The - property is also
nonconforming as to driveway access, having a driveway access
that is well in excess of the maximum permissible residential
driveway access of fifteen (15) feet under By -law §139- 20.1(g).
The structures and their uses have been in existence since the
1950's and as such are pre- existing nonconforming.
The Applicant proposes to
1. Lift the two westernmost cottages, put them back down
on a foundation, and renovate and expand them with
some additional ground cover and the addition of a
second story. No full basements are proposed. As so
modified, the southern most cottage will continue to
be in the front yard setback, but will be no closer
than the existing 2.6 feet. Otherwise, both cottages,
will meet side and rear setback.
2. Demolish the remaining three cottages and replace them
with two cottages, both of which will meet all
dimension requirements of the code.
3. Construct a 10'x12' shed.
4. Relocate and refine the pre- existing, nonconforming
driveway access to provide four (4) 91x20' off- street
parking spaces.
5. Convert the four cottages to a condominium.
As so altered and expanded, the Locus will be less nonconforming
and will meet all dimensional requirements of the By -law, with
the exception of the front yard setback of the southwesterly
cottage and the driveway access width. The use of the Locus as
four separate dwelling units, now as part of a condominium, will
continue to be nonconforming.
The Locus is located at 15 Meader Street, is shown on Nantucket
Tax Assessor's Map 42.3.3 as Parcel 44, is shown on plan
recorded with Nantucket Deeds in Plan Book 24, Page 39, and is
located in the Residential 1 ( "R -1 ") Zoning District.
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9'°ORAwO`�1�
TOWN OF NANTUCKET
BOARD OF APPEALS
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NANTUCKET, MASSACHUSETTS 0255M
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Date: March 2 , 2014
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To: Parties in Interest and Others concerned with t_le p#cision of
The BOARD OF APPEALS in the Application of the following:
Application No: 083-13
Owner/Applicant: PRESERVE ACK, 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 .
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 508-325-7587 .
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket,Massachusetts 02554
Assessor's Map 42.2.3, Deed Book 1401, Page 340
Parcel 45 Plan Book 24, Page 39
15 Meader Street Residential One(R-1)
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday,
December 12, 2013, at 1:00 P.M., Four Fairgrounds Road, Nantucket, Massachusetts, the Board
made the following decision on the application of PRESERVE ACK, LLC, do Sarah F. Alger,
P.C., Two South Water Street,Nantucket, Massachusetts, 02554, File No. 083-13.
2. The Applicant is requesting Special Permit relief pursuant to Nantucket Zoning
By-law (the `By-law") §§139-33.A(4), (5), and (9) to alter and extend a pre-existing non-
conforming use (multiple dwelling units). The five pre-existing non-conforming structures are
non-conforming as to setback requirements and exceed the maximum ground cover allowance.
The lot is also non-conforming as to driveway access as required by By-law §139-20.1.B(2)(g).
To the extent necessary, Applicant also seeks Special Permit relief pursuant to By-law §139-
18.B to waive the parking requirement. The locus is situated at 15 Meader Street, is shown on
Nantucket Assessor's Map 42.2.3 as Parcel 45, and is shown on plan recorded with Nantucket
Deeds in Plan Book 24, Page 39, and evidence of owner's title is recorded with Nantucket Deeds
in Book 1401, Page 340. The locus is located in the Residential One (R-1)zoning district.
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. Two abutters spoke at the hearing and
requested conditions be imposed upon any relief granted by the Board.
4. Attorney Sarah Alger represented the Applicant at the hearing. Attorney Alger
explained to the Board that the Applicant seeks a special permit under By-law §§139-33.A(4) (5)
and (9) (Alteration and Extension of Pre-existing Nonconforming Uses and Structures) to alter
and extend a pre-existing use on a pre-existing lot. To the extent necessary, the Applicant also
seeks a Special Permit under Bylaw §139-18.B (Parking).
The locus is nonconforming as to use, being currently improved by five structures, four
of which contain single-family dwellings and one of which has been historically used as a
dwelling but does not contain a kitchen.
The structures do not meet the dimensional requirements of the By-law having a front
yard setback of about 2.6 feet, where ten(10) feet is required; side yard setback of about 1.1 foot,
where five (5) feet is required; rear yard setback of about 1.7 feet where five (5) feet is required;
and ground cover of about 36.2% (about 2,632 square feet) where maximum allowable ground
cover is 35% (2,183 square feet). The property is also nonconforming as to driveway access,
having a driveway access that is well in excess of the maximum permissible residential driveway
access of fifteen(15) feet under By-law§139-20.1(g).
The structures and their uses have been in existence since the 1950's and as such are pre-
existing nonconforming.
The Applicant proposes to:
(a) Demolish the three cottages on the east side of the locus.
(b) Lift the two westernmost cottages, relocate them to the east side of the locus (in
the approximate location of the three demolished cottages), put them back down,
each on a foundation, and renovate and expand them. In the alternative, the two
cottages will be demolished, and new structures will be constructed. No full
basements are proposed. As so relocated or reconstructed, expanded, and
modified, both cottages will meet side and rear setbacks, and overall ground cover
will be reduced.
(c) Construct two new, one and one-half story cottages on the west side of the locus
(in the approximate location of the two removed cottages), both of which will
meet all dimensional requirements of the code, with the exception that the
southernmost cottage will continue to be in the front yard setback, although no
closer than the existing 2.6 feet.
(d) Relocate and refine the pre-existing, nonconforming driveway accesses to provide
four(4) off-street parking spaces measuring nine (9) feet by twenty(20) feet.
(e) Convert the four cottages to a condominium.
As so altered and expanded, the Locus will be less nonconforming and will meet all
dimensional requirements of the By-law, with the exception of the front yard setback of the
southwesterly cottage and the driveway access width. The use of the locus as four (4) separate
dwelling units,now as part of a condominium,will continue to be nonconforming.
All work will be done in accordance with the approval of the Nantucket Conservation
Commission. No basements and no change in grade are proposed.
In response to concerns raised by the abutters and at the request of the Board, the
Applicant agreed to alter and expand the pre-existing, nonconforming curb-cut accesses and
parking to provide six spaces measuring nine (9) feet by twenty (20) feet as shown on the site
plan, a reduced copy of which is attached hereto as Exhibit A.
5. Therefore, after a discussion with the Applicant and taking testimony from the
public, the Board finds that such Special Permit relief pursuant to By-Law §§139-33.A(4) (5)
and (9) and By-law §139-18.B to allow the project as proposed (demolishing the three cottages
on the east side of the locus; lifting the two westernmost cottages; relocating them to the east
side of the locus (in the approximate location of the three demolished cottages); putting them
back down, each on a foundation with no basements; renovating and expanding them (or in the
alternative demolishing them and constructing new structures), with both cottages meeting side
and rear setbacks; constructing two new, one and one-half story cottages (in the approximate
location of the two removed cottages), both of which will meet all dimension requirements of the
code except that the southernmost cottage will continue to be in the front yard setback but will be
no closer than the existing 2.6 feet; relocating and expanding the pre-existing, nonconforming
driveway accesses to provide six spaces measuring nine (9) feet by twenty (20) feet as shown on
the site plan, a reduced copy of which is attached hereto as Exhibit A; and converting the four
2
cottages to a condominium)would be in harmony with the general purposes and intent of the By-
law and would not be substantially more detrimental to the neighborhood than the existing
nonconformities, the concerns of the abutters being adequately addressed by the conditions
imposed hereby.
6. Accordingly, by a UNANIMOUS vote, the Board of Appeals grants such Special
Permit relief pursuant to §§139-33.A(4) (5) and (9) and By-law §139-18.B to allow the project as
proposed (demolishing the three cottages on the east side of the locus; lifting the two
westernmost cottages; relocating them to the East side of the locus (in the approximate location
of the three demolished cottages); putting them back down each on a foundation with no
basements; renovating and expanding them (or in the alternative demolishing them and
constructing new structures),with both cottages meeting side and rear setbacks; constructing two
new, one and one-half story cottages (in the approximate location of the two removed cottages),
both of which will meet all dimensional requirements of the code except that the southernmost
cottage will continue to be in the front yard setback but will be no closer than the existing 2.6
feet; relocating and expanding the pre-existing, nonconforming driveway accesses to provide six
spaces measuring nine (9) feet by twenty (20) feet as shown on the site plan, a reduced copy of
which is attached hereto as Exhibit A; and converting the four cottages to a condominium), upon
the following conditions:
(a) All work shall be done in substantial conformity with the site plan,
entitled "Site Plan in Nantucket, Ma.", prepared by Bracken
Engineering, Inc., dated October 24, 2013, a reduced copy of
which is attached hereto as "Exhibit A".
(b) There shall be no exterior construction between Memorial Day and
Labor Day of any year.
SIGNATURE PAGE TO FOLLOW
3
Assessor's Map 42.2.3, Deed Book 1401, Page 340
Parcel 45 Plan Book 24, Page 39
15 Meader Street 'esidential One(R-1)
'LIDated: 1 Q/( ei W Z' , 2014 ,/
''dwar i S. Toole
(Micha1 J. O'Mara
k Poor
Kerim Koseaff
J
Geoffrey W. Thayer
COMMONWEALTH OF MASSACHUSETTS
N t cket, SS
QA 2:7 , 2014
On the 11 day of ON6/1-4� , 2014, before me, the undersigned notary
public, personally appeared yy� � / 2�, , one of the above-named
member of the Zoning Board of Appeals 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 instrument voluntarily for the purposes therein expressed.
Y(ALOA1 ta/
Notary Public:
My Commission Ex sires:
r - LESLIE WOODSON SNELL
1 "_'r.: NOTARY PUBLIC f
I 1 _ =r1,: COMMONWEALTH OF MASSACHUSETTS 1
r w/ t'y Comm.Expires Sept.28,2018
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