HomeMy WebLinkAbout084-13 58A Orange StreetFEE: $300.00
Owner's
Mailing
NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
APPLICATION FOR BELIEF
Michael Lynch
c/o Sarah F. Alger, P.C. TWo South Water Street,
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Applicant's name(s): Same as above —
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Mailing address: same as above
Locus address: 59A Orange Street Assessor's Map/Parcel: 5541/79.2
Land Court Plan/Plan Book & Page/Plan File No.: 2013 -38
Date lot acquired: 8 / is / 13 Deed Ref. /Cert. of Title: Book 1399, Page 31 Zoning District: R -OH
Uses on Lot– Commercial: None x Yes (describe) -
Residential: Number of dwellings 1 Duplex_ Apartments—Rental Rooms
Building Date(s): All predate 7/72? yes or —.--C of O(s)?
Building Permit Nos: 188 -01
Previous Zoning Board Application Nos.: 051 -05
State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of
the Zoning By -law, and supporting details, grounds for grant of relief, listing any existing nonconfor nitres:
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See attached Addendum. PAJ 15 M
A NOV 2¢Q13,
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I certify that the information contained herein is substantially complete and true to the best of my
knowledge, under toe pains ans) penalties of perjury.
enclose proof of seenev to brine this matter before the
FOR ZBA OFFICE USE
Application received on:_/ / By: Complete: Need copies ?:
Filed 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: _/ /_ Continued to:_/ / Withdrawu ?:_/ /
DECISION DUE BY:—/—/— Made: / / Filed w/Town Clerk: / / Mailed: / /
DECISION APPEALED?:—/—/— SUPERIOR COURT: LAND COURT Form 4/03/03
Addendum
(Michael Lynch, 58A Orange Street,
Nantucket, Massachusetts)
The Applicant seeks a special permit under Nantucket Zoning
By -law (the "By -law ") §9139.30 and 139- 33.A.(4), (5), (8), and
(9) and By -law 5139 -18.B to modify the relief granted by the
Nantucket Zoning Board of Appeals in File No. 075 -13 to allow
the pre- existing nonconforming structure on the Locus to be
demolished and replaced with a two -story dwelling that will be
less nonconforming as to side and rear setback, but not
completely conforming, on either the existing lot or on a lot
reconfigured by swapping parcels of approximately equal size
with an abutter. In either case, the proposed dwelling will
have rear and side setback of at least three (3) feet and will
conform as to use and front yard setback. The locus will
continue to be nonconforming as to lot area, frontage, side and
rear setback (but less nonconforming), ground cover, and
parking.
The locus is located at 58A Orange Street, is shown on
Nantucket Tax Assessor's Map 5591 as Parcel 79.2, is shown as
Lot 2 on Plan No. 2013 -38 recorded with Nantucket Deeds, and is
located in the Residential Old Historic (ROH) zoning district.
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TOWN OF NANTUCKET - ED
��14 FEB RECEIVED
1? 15
BOARD OF APPEALS_, 1 -T Town CLERK,
NANTUCKET, MASSACHUSETTS 6!5M
Date: February 18, 2019
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 089 -13
Owner /Applicant: MICHAEL LYNCH
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 90A, 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, MA 02554
Assessor's Map 55.4.1, Deed Book 1399, Page 31
Parcel 79.2 Lot 2, Plan No. 2013 -38
58A Orange Street Residential Old Historic (ROH)
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 MICHAEL LYNCH, c/o Sarah F. Alger,
P.C., Two South Water Street, Nantucket, Massachusetts, 02554, File No. 084 -13.
2. The Applicant is requesting Special Permit relief pursuant to Nantucket
Zoning By -law (the `By -law ") § §139 -30 and 139- 33.A.(4), (5), (8), and (9) and §139 -18.B to
modify the relief granted by the Nantucket Zoning Board of Appeals in File No. 075 -13 to
demolish the existing structure and to construct a new two -story residential structure that will be
less non - conforming than the existing structure. The Applicant also proposes minor changes to
the shape of the lot. The locus is situated at 58A Orange Street, is shown on Assessor's Map
55.4.1 as Parcel 79.2, and is shown as Lot 2 on Plan No. 2013 -38 recorded with Nantucket
Deeds, and evidence of owner's title is recorded in Book 1399, Page 31 at the Nantucket County
Registry of Deeds. The locus is located in the Residential Old Historic (ROH) 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. Attorney Marianne Hanley, representing
an abutter, and a second abutter 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 § §139.30
and 139- 33.A.(4), (5), (8), and (9) and By -law §139 -18.B to modify the relief granted by the
Nantucket Zoning Board of Appeals in File No. 075 -13 to allow the pre - existing nonconforming
structure on the locus to be demolished and replaced with a two -story single - family dwelling that
will be less nonconforming as to side and rear setbacks, but not completely conforming, on either
the existing pre- existing, nonconforming lot or on a lot reconfigured by swapping parcels of
approximately equal size with an abutter. In either case, the proposed dwelling will have rear
and side setbacks of at least three feet and will conform as to use and front yard setback. The
locus will continue to be nonconforming as to lot area, frontage, and parking, but will be less
nonconforming, as to side and rear setbacks and ground cover.
The locus and the building on it me pre - existing, nonconforming as to lot area, having a
lot area of about 1,206 square feet where a minimum lot area of 5,000 is required; as to frontage,
having frontage of about 33.08 feet where fifty feet is required; as to side and rear setbacks,
having a setback essentially on the lot line where a minimum side and rear setback of five feet is
required; as to ground cover having ground cover of close to 100 %, where maximum ground
cover for a lot having lot area of less than 5,000 square feet is 30 %; as to parking, having no on-
site parking; and as to use, being used for commercial purposes in a zone that does not permit
such use.
The building has been used for commercial purposes, most recently as the sign shop and
storage for the Town of Nantucket Department of Public Works, which is a pre- existing,
nonconforming use. The Town recently sold the locus to the Applicant, who proposes to convert
its use to that of a dwelling, which is a conforming use.
The Applicant proposes to reconfigure the shape of the lot by swapping parcels of
approximately equal size with an abutter; however, if the swap is not completed, the Applicant
would like the flexibility to proceed with the project on the lot w currently configured. The
locus will continue to be nonconforming as to frontage, lot area, and parking, but will be less
nonconforming, as to side and rear setback and ground cover.
The Applicant also proposes to demolish the existing structure and to rebuild a two -story,
single- family dwelling on either the existing or reconfigured lot. Air conditioning equipment to
serve the new dwelling will be placed below grade in the window well. Although the window
well and stairs will be closer to the rear property line than three feet, the air conditioning units
shall not be closer than three feet to the property line. A retaining wall to replace the wall of the
existing structure that has been acting as a retaining wall will also be constructed along the
westerly boundary to protect the abutter's property. This retaining wall will be no more then four
(4) feet above grade but will extend about nine (9) feet below grade.
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),
(8), and (9) and By -law §139 -18.B to allow (a) the reconfiguration of the lot that is pre -existing
nonconforming as to lot area and frontage by swapping a parcel of equal size with an abutter, (b)
the construction of a retaining wall along the westerly boundary that is no more than four (4) feet
above grade but extends about nine (9) feet below grade, and (c) the alteration and extension of
the pre - existing nonconfomming structure on the pre- existing nonconforming lot, either m
currently configured or as reconfigured, where no parking is provided, by demolishing the
existing structure and constructing a new two -story, single - family dwelling, with a window well
and stairs in the rear setback containing air conditioning units that are no closer than three feet to
the lot line, which structure is less nonconforming but still nonconforming as to side and rem
setback, ground cover, and puking, to be used as a single - family dwelling, which is a
conforming use in the ROH Zoning District, 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 nonconformity, the concerns of the abutters being adequately addressed by the
conditions imposed herein.
6. Accordingly, by a UNANIMOUS vote, the Board of Appeals grants such Special
Permit relief pursuant to By -Law § §139- 33.A.(4), (5), (8), and (9) and By -law §139 -18.B to
allow (a) the reconfiguration of the lot that is pre- existing, nonconforming as to lot area and
frontage by swapping a parcel of equal size with an abutter, (b) the construction of a retaining
wall along the westerly boundary that is no more than four (4) feet above grade but extends
about nine (9) feet below grade, and (c) the alteration and extension of the pre- existing
nonconforming structure on the pre - existing nonconforming lot, either as currently configured or
as reconfigured, where no parking is provided, by demolishing the existing structure and
constructing a new two -story, single - family dwelling, with a window well and stairs in the rear
setback containing air conditioning units that are no closer than three feet to the lot line, which
structure is less nonconforming but still nonconforming as to side and rear setback, ground
cover, and parking, to be used as a single - family dwelling, which is a conforming use in the
ROH Zoning District, upon the following conditions:
(a) All work, including, but not limited to, the retaining wall and the
window well containing stairs and air conditioning equipment
below grade, shall be done in substantial compliance with one of
the two site plans, entitled "Site Plan of Land in Nantucket, Mass."
prepared by Island Surveryors, LLC, dated November 19, 2013,
reduced copies of which are attached hereto as "Exhibit A" and
"Exhibit B ".
(b) The height of the new dwelling shall not exceed twenty -nine (29)
feet.
(c) There shall be no dormer on the west side of the new dwelling.
(d) There shall be no exterior construction between Memorial Day and
Labor Day of any year.
SIGNATURE PAGE TO FOLLOW
Dated: VVIL 2014
Nantucket, as.
COMMONWEALTH OF MASSACHUSETTS
On this 13 day of V& 2014, before me, the
undersign d�%otary Public, personally appeared
�(11aA- 'i ott 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
he /she signed it voluntarily for its stated purpose.
L2�y-&w
Notary /Public - -�
My commission expires: a LYNFLL D. AWNS
CoMm n"Oh!f MMSachm.ff,
My Commission Expires
DOCemher 28, 2018
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