HomeMy WebLinkAbout012-14 16 Orange StreetTOWN OF NANTUCKET RECEIVED
BOARD OF APPEALS Z °ly r8e 11 fill 11 07
NANTUCKET, MASSACHUSETTS 02!�S4�xET TOWN CLERK
Date: February 26, 2014
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 12 -14
Owner /Applicant: SUSAN M DOUGHAN, TRUSTEE of the SUSAN M.
DOUGHAN LIVING 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 508- 325 -7587.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
2 FAIRGROUNDS ROAD
NANTUCKET, MA 02554
Assessor's Map 42.3.2, Parcel 14 Lot A
16 Orange Street Land Court Plan 11438 -B
Residential Old Historic (R -OH) Certificate of Title No. 24914
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, February
13, 2014, at 12:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of SUSAN M. DOUGHAN, TRUSTEE OF THE
SUSAN M. DOUGHAN LIVING TRUST, c/o Vaughan, Dale, Hunter, and Beaudette, PC, 2
Whaler's Lane, PO Box 659, Nantucket, Massachusetts 02554, File No. 12 -14:
2. Applicant requests that the Zoning Board of Appeals make a determination that a gazebo
does not contribute to ground cover percentage, thus no relief is necessary for the expansion of
an existing gazebo located on the property. In the alternative, should the Board determine that a
gazebo does contribute to ground cover then the applicant requests Special Permit relief pursuant
to Nantucket Zoning Bylaw Section 139- 33.E.(2)(a) (governing permitted ground cover
allowances for undersized lots) in order to expand the existing gazebo by approximately 80
square feet. The Locus is situated at 16 Orange Street, is shown on Nantucket Tax Assessor's
Map 42.3.2 as Parcel 14, as Lot A at Land Court Plan 11438 -B, and evidence of owner's title is
registered as Certificate of Title No. 24914 with the Nantucket Registry District of the Land
Court. The site is zoned Residential Old Historic (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 Kathleen Killoy represented the Applicant. Attorney Killoy explained to the
Board of Appeals that the Applicant is requesting clarification on the issue of whether a gazebo
contributes to ground cover.
Building Commissioner Stephen Butler withheld issuance of a building permit for the proposed
expansion because gazebos have been classified as `outbuildings" under the most recent version
of the Nantucket Zoning Bylaw definitions, and were not specifically excluded from the
definition "ground cover." In support of a determination that gazebos should not contribute to
ground cover, Attorney Killoy addressed Warrant Article 68 for the upcoming town meeting,
which seeks to alter the current definition of "ground cover" to specifically exclude gazebos
from ground cover calculations.
5. After a discussion with the agent for the Applicant, the Board finds that gazebos are
excluded from ground cover and therefore no relief is necessary in order to expand the existing
gazebo. Deputy Director of Planning, Leslie W. Snell, also supported the finding that no relief
is necessary and compared the characteristics of a gazebo to that of a an open porch which is
specifically excluded from the definition of ground cover.
6. Accordingly, by a MAJORITY 4 -1 vote of the sitting Board (Susan McCarthy opposed),
the Board of Appeals has determined that gazebos do not contribute to ground cover and
therefore no relief is necessary.
SIGNATURE PAGE TO FOLLOW
Assessor's Map 42.3.2, Parcel 14
16 Orange Street
Residential Old Historic R -OH
Dated:M&C—Al, 2014
N�°��,�cket, SS
1 IiLf.Iiiil. 7 , 2014
Lot A
Land Court Plan 11438 -B
Certificate of Title No. 24914
Lisa Botticelli lrw1
Susan Mc ar /
COMMONWEALTH OF MASSACHUSETTS
On the day of x I jk e,( 2014, before me, the undersigned notary public,
personally appeared /j/�"Q.�'L , 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
instrument voluntarily for the purposes therein expressed.
My Commission Expires:
RM2
MCX777
M JAN 1 4 2014
TOWN OF NANTUCKET ckl
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
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Fee: $300.00 File No.41— m
Owner's name(s): - Susan M. Doughan Living Trust 3 0
r
Mailing address: c/o VDH &B, P.C., 2 Whalers Ln., P.O. Box 659, Nantucket, MA -2554.,
;; u1
Phone Number: 508- 228 -4455 -B-Mad- rick @vdhlaw.com r
Appliwnesnarne(s): same
Mailing Address: same
Phone Number. same F(Mal same
Locus Address: 16 Oranpe Street Assessor's Map /Parcel: 42.3.2/14
Land Court Plan /Plan Book & Page /Plan File No.: Land Court Plan 11438 -B, Lot A
COT
Deed Reference /Certificate of Tide: 24914 Zoning District ROH
Uses on Lot- Commercial: None X Yes (describe)
Residendab Number of dwellings--L- Duplex Apartments
Date of Structure(s): all pre -date 7/72 yes or
Building Permit Numbers:
Previous Zoning Board Application
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 hereto as Exhibit "A ".
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: / (��t
ti Owner"` Susan M. Aoughan Trus �-<.
SIGNATURE:c is A`ppliaant /Attorney /Agent*
Ric and Beaudette, Attorney for Applicant
*If an) oz other A t is representing the Owner of the Applicant, please provide a signed
proof of agency.
OFFICE USE ONLY
Application received on: —/—/_ By: Complete:_ Need Copies:_
Filed with Town Clerk: _/_ /_ Planning Board: _/_/_ Building Dept.:–/–/– By:_
Fee deposited with Town Treasurer: –/j– By:_ Waiver requested:_
Grained_/_/_ Hearing notice posted with Town Clerk_ / _/_ Mailed:—/_/_
I&M -/ -/_ &JJ_ Heating(s) held on:_/_/_ Opened on
Continued to:_/_/_ Withdrawn -/_ /_ Decision Due By: —/—/_
Made: —/—/_ Filed w /Town Clerk —/–J— Milled:—
/-J-
2 Fairgrounds Road Nantucket Massachusetts 02554
508 -228 -721'5 telephone 508- 228.7298 faesimile
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ADDENDUM TO ZONING APPLICATION
16 Orange Street
The Applicant, Susan M. Doughan, Trustee of the Susan M. Doughan Living Trust
(hereinafter the "Applicant'), is the owner of 16 Orange Street, Nantucket, Massachusetts
02554, shown as Lot A on Land Court plan 11438 -B (the "Property"). The Applicant requests
Special Permit Relief pursuant to Section 139- 33E(2)(a) of the By -Law. In the alternative, the
Applicant requests that the Board determine that no relief is required. The Property is located in
the Residential Old Historic ( "R -OH") Zoning District and is currently improved with a single
family dwelling and a gazebo.
The existing conditions of the Property are shown on a Mortgage Inspection Plan
prepared by Emack Surveying, LLC, dated July 29, 2013 (the "Site Plan"), a copy of which is
attached as Exhibit A. As shown on the Site Plan, the Property consists of a 4,827 square foot lot
in a zoning district with a minimum required lot area of 5,000 square feet; has frontage in the
amount of 30.87' where 50' is required; a front yard setback of 2.5' where none is required; a.2'
northerly and a 1.3' southerly side yard setback where 5' is required, a compliant rear yard
setback where 5' is required; and a ground cover ratio of 31.5% in a district where 50% (30% is
permitted for undersized lots) is the maximum ground cover ratio allowed.
As such, the Property is non - conforming with respect to lot size, frontage, side yard
setbacks, and ground cover. As evidenced by Land Court Plan 11438 -B, a copy of which is
attached as Exhibit B, the dwelling and lot were created prior to 1972. Therefore, the Property is
pre- existing non - conforming with respect to the current zoning regulations in the R -OH Zoning
District.
PROPOSED ALTERATIONS
As shown on the proposed plans prepared by Chip Webster Architecture ("Proposed
Plan"), attached as Exhibit C the Applicant proposes to increase the size of the existing gazebo
on the Property from 121 square feet to approximately 200 square feet. hi our experience, the
Nantucket Building Department has not considered a gazebo a "structure" contributing to
"ground cover" under the By -Law. Rather, as demonstrated by Emack's Site Plan dated July 29,
2013 Exhibit Al, the common practice has been to exclude a gazebo from ground cover
calculations. However, the Building Department Commissioner, Stephen Butler, refused to issue
the Building Permit Application for the proposed addition to the gazebo taking the position that a
gazebo is, in fact, a structure contributing to ground cover on the Property. It is our
understanding that Mr. Butler has taken this position due to the change in the 2013 Zoning By-
Law which defines a gazebo as an "outbuilding". Because the definitions of "ground
"cover" and "structure" do not specifically exclude "outbuildings ", Mr. Butler now views a
gazebo as a structure that contributes to ground cover and is holding the application until this
issue is clarified by the Board of Appeals.
The Applicant requests that the Board determine that the gazebo is not a structure that
contributes to ground cover. However, to the extent the Board deems the gazebo a structure to
be included for ground cover purposes under the current By -Law, the total ground cover on the
Property (now including the existing gazebo and the proposed addition to the gazebo) will
increase by approximately 200 square feet. If the Board includes the existing gazebo as ground
cover, the proposed ground cover will only increase by approximately 80 square feet. The total
ground cover ratio on the Property will therefore be approximately 35 %, well within the
permitted ground cover ratio for the ROH Zoning District of 50% with a Special Permit.
Under Section 139- 33E(2)(a) of the By -Law:
For a lot within the provisions of this Section 139 -E, the maximum ground cover upon
such lot shall be:
(a) In the case of a lot containing less than 5,000 square feet, 30% of the area of the
lot; provided, however, that the special permit granting authority may grant a special
permit to allow ground cover not to exceed the permitted ground cover ratio in the zoning
district where such lot is situated. Said special permit shall require a finding that such
increase in permitted ground cover shall not be substantially more detrimental to the
neighborhood than the existing nonconformity.
The proposed new ground cover does not exceed the 50% ground cover ratio permitted in
the R -OH zoning district. Further, the proposed addition to the gazebo is modest in size.
Therefore, the proposed work will not be substantially more detrimental to the neighborhood
than the existing nonconforming structure on the Property.
CONCLUSION
In the event the Board determines that the gazebo does not contribute to the ground cover
on the Property, the Applicant requests that the Board determine that no relief is necessary under
these circumstances. A gazebo has never been included in ground cover calculations and it was
not likely the intent of the By -Law change to include gazebos for ground cover purposes given
that a gazebo is more like a porch, which does not contribute to ground cover. However, to the
extent the Board agrees with the Building Department's position, the Applicant requests that the
Special Permit Relief be granted.
Granting the proposed Special Permit under the above referenced Sections of the By -Law
will not be substantially more detrimental to the neighborhood than the pre- existing non-
conforming structure on the Property. The proposed addition is suitable for the Property and will
be in harmony with other properties in this area of the Island. Also, by granting the requested
Special Permit, the Board would be acting in a manner consistent with the spirit and intent of the
Zoning By -Law.
The Applicant respectfully requests that the Board grant the requested relief.
EXHIBIT A
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Subdivision of Land she" on plan 114 }g'1 114388
Tiled with Cart, of Title No. 1596 Registry District of Nahfueket County
LARD IN NANTUCKET
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RECEIVED
BOARD OF ASSESSORS
JAN 07-2014
Town of Nantucket TOWN OF -
NANTOcKET, MA
Zoning Board of Appeals
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER.... Susan M, Doughan,Liying, Trust ...............................
MAILING ADDRESS.... Go 2 WhaleYS Lane,, PO Box 892,. Nantucket, MA, 02554 ,
PROPERTY LOCATION......, 75 Orange Street,,,,,,,,,,,,,,,,,,,,,,,,,
ASSESSOR MAP/PARCEL ..... 4.23.2..1.14 ................. ...............................
SUBMITTED BY.....
SEE ATTACHED PAGES
I certify that the foregoing is a list of all persons who are owners of abutting
Property, owners of land directly opposite on any public or private street or way,
and abutters of the abutters and all other land owners within 300 feet of the
property line of owner's property, as they appear on the most recent applicable tax
Hat (M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139 -29B
(2)
DA - SO CE
TOWN OF NANTUCKET
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