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Home My WebLink About084-13 58A Orange StRECEIVED , TOWN OF NANTUCKET �y Fr8 C VE 1215 BOARD OF APPEALS,., NANTUCKET, MASSACHUSETTS 02554 " OWN 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: 084 -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. ,,� l� - 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 yand 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 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 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 as 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 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, 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 13 ". (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: W - 2014 Nantucket, ss. COMMONWEALTH OF MASSACHUSETTS On this 13 day of rtINIAL undersi n d try�otar Public, I41ClA'C� 'iOULC known to me, and who is the person preceding or attached document, and he /she signed it voluntarily for its 2014, before me, the personally appeared who is personally whose name is signed on the who acknowledged to me that stated purpose. Notary/Public My commission expires: LYNELI 0. NOlc' Pubi, �mmonweohh o��sachuserys q MY Commission E Tres Dasember 28, 2018 §®EXHIBIT A \x{00 !!! O \� C AA �q . \� %\ a `ate •/ w) 69 � qF9 q! \��) °e&&rw � 3 : 2~ \ /(Z)2 , w { � •° q; 2` �% - 9 ® cli k / � ®* Na ^ ( § ( ![