The URL can be used to link to this page

Home My WebLink About075-13 58A Orange StTOWN OF NANTUCKET RECEIVED BOARD OF APPEALS`!`! FEB is Fr; 3 28 NANTUCKET, MASSACHUSETTS OZ$$x( TOWN CLERK Date: February 18, 2014 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 075 -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 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. ..� e� 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, November 14, 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. 075 -13. 2. The Applicant is requesting Special Permit relief pursuant to Nantucket Zoning By -law (the `By- law ") § §139 -33.A and 139 -18 to alter and extend a pre - existing nonconforming structure on a pre - existing nonconforming lot, where no parking is provided. The Applicant proposes to demolish the existing structure, most recently commercially used by the Town of Nantucket, and to construct a new two -story residential structure that will be less nonconforming 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 Steven Cohen, 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 is requesting Special Permit relief under By -Law § §139- 33.A.(4), (5), (8), and (9) and By -law §139 -18.B to alter and extend the pre- existing nonconforming structure on this pre- existing nonconforming lot, when no parking is provided. The locus and the building on it are 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 square feet is required; as to frontage, having frontage of about 33.08 feet where fifty (50) feet is required; as to side and rear setbacks, being sited essentially on the lot line where a minimum side and rear setback of five (5) 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 demolish the existing structure and to rebuild a two -story, single - family dwelling that will be less nonconforming as to side and rear setbacks, having a rear and side setback of just over three (3) feet at the closest point, and that will conform as to use, being used as a single - family dwelling. The Applicant also proposes to reconfigure the shape of the lot by swapping parcels of approximately equal size with an abutter. The locus will continue to be nonconforming as to frontage, ground cover, lot area, and parking. 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 -18.13 to alter and extend the pre - existing nonconforming structure on this pre- existing nonconforming lot, where no puking is provided, to allow the demolition of the existing structure and construction of a new two -story, single - family dwelling, that is less nonconforming but that is still nonconforming as to side and rear setback, ground cover, and parking, to be used as a dwelling, which is a conforming use, and to reconfigure the shape of the lot by swapping a parcel of equal size with an abutter 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 hereby. 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 alter and extend the pre - existing nonconforming structure on this pre - existing nonconforming lot, where no parking is provided, to allow the demolition of the existing structure and construction of a new two -story, single - family dwelling, that is less nonconforming but that is still nonconforming as to side and rear setbacks, ground cover, and parking, to be used as a dwelling, which is a conforming use, and to reconfigure the shape of the lot by swapping a parcel of equal size with an abutter upon the following conditions: (a) All work shall be done in substantial compliance with the plan entitled "Site Plan of Land in Nantucket, Mass." prepared by Island Surveryors, LLC, dated October 15, 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 Dated: February 1-2> , 2014 Nantucket, ss COMMONWEALTH OF MASSACHUSETTS On this �/w day of February, 2014, before me, the undersi ngd JJ Notax Public, personally appeared �{, hJ(�(Q1�� 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. t. /) Notarl Public My commission expires: C, LYNELL D. VOLLANS s Notary Public Commonwealth of Mossashusans My Commission Expims Daramber 28, 2018 EXHIBIT A \ \\ '1114 -� Op/ ) . § ® , §° ■ » t^ 7 ) ) ,.. du ; \z\