HomeMy WebLinkAbout051-14 34 Codfish Park Siasconsetp A�C �
AUG 1
TOWN OF NANTUCKET BY=-------------
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
Fee: $450.00
Owner's name(s): Robert Reiskin
Mailing address: 44 Glebe Place, London, UK SW3 5JE
File No. .f/ /
Phone Number: 508 - 228 -0771 E -Mail: John @gliddenandglidden.com
Applicant's name(s): same
Mailing Address: same
Phone Number: 508 - 228 -0771 E -Mail: John @gliddenandglidden.com
Locus Address: 34 Codfish Park, Siasconset Assessor's Map /Parcel: 73.1.3/53
Land Court Plan .: Lots 1 & 2, LC Plan No. 38901 -A
Deed Re fer-e ft _ Certificate of Title: 25169
Uses on Lot- Commercial: NA Yes (describe)
Residential: Number of dwellings: 1 Duplex
Date of Structure(s): Pre -1972
Building Permit Numbers:
Previous Zoning Board Application Numbers: NA
Zoning District: SR -1
Apartments
State below or attach a separate addendum of specific special permits or variance relief
applying for:
See 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: Owner*
SIGNATURE: --
KAttorney /Agee
*If an Attorney or other 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 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Continued to:_ /_ /_ Withdrawn:_ /_ /_ Decision Due By:_ /_ /_
Made:—/—/— Filed w /Town Clerk:_ /_ /_ Mailed:_ /_ /_
Exhibit A
The Applicant, Robert Reiskin, is requesting Special Permit relief pursuant to Nantucket
Zoning Bylaw Section 139- 33.A.(4) and (5) and, to the extent necessary, Variance relief
pursuant to Section 139 -32 from the intensity regulations in Section 139 -16 in order to
alter the preexisting nonconforming structure on the Locus.
The Locus, 34 Codfish Park, and structures thereon are preexisting nonconforming with
respect to the intensity regulations of the `Sconset Residential —1 (SR -1) zoning district.
The Locus is a preexisting nonconforming lot of record and is undersized for the SR -1
district, having a total lot size of approximately 4,983 +/- square feet in a zoning district
that requires a minimum lot size of 5,000 square feet. The structures on the Locus are a
single - family dwelling and a shed, both of which are nonconforming with respect to
setbacks.
Single- Family Dwelling
The single - family dwelling on the Locus is a two -story dwelling with a ground cover of
approximately 1,139 square feet. Said dwelling was originally constructed in 1910 and
predates the adoption of the zoning bylaw in 1972. The structure as presently sited is
nonconforming with respect to side yard setback, being sited approximately 3.5 feet from
the northerly side yard lot line in a zoning district that requires a five (5) foot side yard
setback.
The applicant intends to renovate the structure in such a manner as to increase the ground
cover ratio from 25.7% to approximately 29.8 %. Because the lot is a lot of record that is
less than 5,000 square feet, the allowable ground cover ratio is 30% pursuant to
Nantucket Zoning Bylaw Section 139- 33.E.(2)(a). In doing so, the additions will be
towards the rear of the structure and the structure will be no closer to the northerly side
yard lot line than 3.5 feet.
As a result, the rear additions to the structure will be as close as 7.4 feet from the rear
yard lot line. In the SR -1 zoning district, the rear yard setback is five (5) feet; however,
pursuant to Section 139- 16.(C)(3), lots that abut two or more streets or ways in the SR -1
zoning district must maintain a ten (10) foot setback from each way. Therefore, the
Applicant is requesting Special Permit relief in order to site a portion of the building as
close as 7.4 feet from the rear yard lot line. The amount of square footage in this ten (10)
foot setback is de minimis as shown on the attached site plan. In the alternative, the
Applicant is requesting Variance relief pursuant to Section 139 -32 from the intensity
regulations in Section 139 -16 in order to perform the requested renovations to the
structure.
Shed
The existing shed upon the Locus is sited in the northeasterly corner of the lot line and is
nonconforming with respect to side and front yard setbacks, being sited as close as 0.2
feet from the easterly front yard lot line and 1.6 feet from the northerly side yard lot line
in a zoning district that requires a ten (10) foot front yard setback and five (5) foot side
yard setback, respectively. Said shed will be renovated and relocated to the
southwesterly corner of the Locus. Upon relocation, said shed shall be approximately 5.5
feet from the rear yard lot line and 2.0 feet from the side yard lot line. Although the shed
will be in a new, nonconforming location, it will be less nonconforming than the previous
location. Accordingly, the Applicant is requesting Special Permit relief in order to site
the shed is said location. In the alternative, the Applicant is requesting Variance relief
pursuant to Section 139 -32 from the intensity regulations in Section 139 -16.
Conclusion
The Applicant is requesting Special Permit relief, and to the extent necessary, Variance
relief in order to alter and relocate the preexisting nonconforming structures on the
Locus. Although there are new nonconformities being created by the renovations and by
re- siting the shed in the southwesterly corner of the lot, the net benefit of the alterations
and relocations will be to decrease the severity of the setback intrusions. Furthermore,
because of the way behind the locus, the rear yard setback is increased from five (5) feet
to ten (10) feet. While it is technically a traveled way, as a practical matter it is primarily
used as a parking area for the few houses on Codfish Park and Bank Street that do not
provide off - street parking on their own property. If it were not treated as a way and more
as a shared driveway, the proposed alterations would meet the rear yard setback
requirements of the SR -1 zoning district. Nonetheless, the proposed renovations are
substantially less detrimental to the neighborhood than the existing nonconformity
because the northerly and easterly setback intrusions will be lessened and although there
will be new southerly and westerly setback intrusions, these intrusions are not as close to
the lot lines as the northerly and easterly setback intrusions.
1. LOT AND STRUCTURES PREDATE
ZONING JULY 27, 1972.
2. SEE ORDER OF CONDITIONS SE48 -2512
L.C. DOC. #143823
CURRENT ZONING: SR -1
MINIMUM LOT SIZE:5,000 S.F.
MINIMUM FRONTAGE: 50'
FRONTYARD SETBACK: 10'
SIDE AND REAR SETBACK: 5'
ALLOWABLE G.C.R.: 30%
EXISTING G.C.R.: 25.7%
PROPOSED G.C.R.: 29.8 %t
FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN
RELIES ON CURRENT DEEDS AND PLANS OF RECORD,
VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON.
THIS PLAN IS NOT REPRESENTED TO BE A TITLE
EXAMINATION OR A RECORDABLE SURVEY.
I HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE
THAT THE PREMISES SHOWN ON THIS PLAN IS NOT
LOCATED WITHIN A FLOOD ZONE AS DELINEATED ON
THE "FIRM" MAP NO. 25019CO114G;
EFFECTIVE DATE:JUNE 9, 2014 BY THE FEDERAL
EMERGENCY MANAGEMENT AGENCY.
N.B. 372/57/63 &
ZBA EXHIBIT PLAN
#34 CODFISH PARK ROAD
IN
NANTUCKET, MASSACHUSETTS
SCALE: 1"=20' DATE: 8/7/14
DEED REFERENCE: L.C. CERT. #25169
PLAN REFERENCE: L.C. PL. 38901 -A
ASSESSOR'S REFERENCE:
MAP: 73.1.3 PARCEL: 53
PREPARED FOR:
ROB REISKIN
NANTUCKET SURVEYORS LLC
5 WINDY WAY
NANTUCKET, MA. 02554
N -10419
| own ana u
73-174'20' ZER
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Property Information
Property ID 73.1.3 53
Location 34 CODFISH PARK RD
Owner REISKIN ROBERT
C/O FIRST AMERICAN RE TAX
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rz1-35.0
7311-3W 73.1.36
3.1 15L-
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MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
The Town makes no claims and nowarranties,
expressed m implied, concerning the validity m
accuracy m the em data presented nnmismav.
Parcels updated December, 2013
August 11, ZU14
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Town of Nantucket
JUL RECEIVED
130ARD OF ASSESSORS
2 2 201
8 LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER ' ��...
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SUBMITTEDBY ............ &� ........................ ...............................
SEE ATTACHED PAGES
I certify that the foregoing iuu list o[ all persons who are owners ofabutting
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 ofthe
property line o[ owner's property, as they appear nu the most recent applicable tax
list (M.G.L. o. 40A, 3oohou \l and Zoning Code Chapter 40A, 3ooiioo 139-29B
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A�Sf�SSOR'S OFFICE
TOWN OFNANTUCKET
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GREENE F E WADE TR DENIKE BRUCE M & DITMORE VINCE 23 BANK STREET LLC
WADE COTTAGES NOMINEE TR 2 FIFTH AVE APT 5T 6 SUNSET AVE
35 CHARLES ST NEW YORK, NY 10011 BRONXVILLE, NY 10708
NEW YORK, NY 10014
7313
GREENE F E WADE TR
WADE COTTAGES NOMINEE TR
35 CHARLES ST
NEW YORK, NY 10014
7313
HAKES THOMAS B & ELLEN H
18 FRIAR TUCK Cl
SUMMIT, NJ 04901
7313
NANTUCKET ISLANDS LAND BANK
22 BROAD ST
NANTUCKET, MA 02554
7313
CASSCELLS S WARD III & ROXANNE B
4212 SAN FELIPE #409
HOUSTON, TX 77027
7313
NANTUCKET ISLANDS LAND BANK
22 BROAD ST
NANTUCKET, MA 02554
7313
NANTUCKET TOWN OF
16 BROAD ST
NANTUCKET, MA 02554
7313
LINBURG RICHARD M & VIRGINIA B
32 DOANE ROAD
DEEP RIVER, CT 06417
7313
LEWIS JULIA G
:/O KING BARBARA L
39 WILLIAMS RD
kSHLAND, MA 01721
7313
HAYES JOHN J III TRUSTEE
CODFISH BEACH REALTY TRUST
263 CLARENDON ST
BOSTON, MA 02116
7313
HOLLAND CHRISTOPHER F & LINDA S
WHALE SPRAY NOM TRUST
BOX D 14
SIASCONSET, MA 02564
7313
LUSSIER SYLVIA C
PO BOX 948
MIDDLEBURY, CT 06762
7313
BENK PAUL & LAURI L
34 OYSTER POINT
WARREN, RI 02885
7313
RAY ALEXANDER & DOWNING DIANE
PO BOX 581
ASHLAND, NH 03217
7313
MORELL ALAN A & JANET CHURCHILL
PO BOX 189
SIASCONSET, MA 02564
7313
COMPITELLO MICHAEL L & JEANNE
72 OLD FIELD RD
SETAUKET, NY 11733
7313
SANTARELLI PHILLIP J
200 W WASHINGTON SQ APT 4103
PHILADELPHIA, PA 19106
7313
SAYNOR CATHERINE O TRUSTEE
SAYNOR 2003 DECLARATION OF TRST
P O BOX 479
SIASCONSET, MA 02564
7313
CAVEDON SUZANNE F
22 LAWRENCE STREET
BOSTON, MA 02116
7313
GRAHAM KENNETH A
3811 WEST CHESTER PIKE
BLDG 2 SUITE 100
NEWTON SQUARE, PA 19073
7313
WELLINGTON MARGARET BTRST
WELLINGTON NOM TRUST
3770 LEONARD COVE LN
TRAPPE, MD 21693
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HAAS FRANCES & RETTMAN DOLORES
11 DORCHESTER ST # 1
QUINCY, MA 02171
7313
RETTMAN DOLORES A
6 HELEN DRIVE
CANTON, MA 02021
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HAASFRANCESJ
I 1 DORCHESTER ST # 1
SQUANTUM, MA 02171
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SUTTON PETER & MARY LYNN
655 NORTH STREET
RYE, NY 10580
7313 7313 7313
UNG SARAH P & ANNDRIA E WILSON - GODEAU JOAN R TR NORMANDIN JAMES & ANNMARIE
07 MAIN STREET PO BOX 713 2286 HIGHLAND WOODS DR
iSHLAND, MA 01721 SIASCONSET, MA 02564 DUNEDIN, FL 34698 -9409
7313 7313
KING FAMILY OF OHIO LLC HILL GEORGE J III & VIRGINIA D
2110 WEST BLVD 188 VILLAGE AVE
CLEVELAND, OH 44120 DEDHAM, MA 02026
7313 7313
DAMICO CHRISTINE & MAZZA JOHN WELTON CHARLES E TRST
956 IRON BRIDGE RD WELTON FAMILY NOM TRUST
ASHBURY, NJ 08802 6 LYON ST
NANTUCKET, MA 02554
7313
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MOORE W W JR
MOYER CAROL
P O BOX 7012
23 PILFERSHIRE LN
SIASCONSET, MA 02564
SIMSBURY, CT 06092
7313 7313
WHITNEY JOHN R & SUSAN M TRST LICHTMAN JEFFREY A & HORN SHARON
PO BOX 187 1600 PARKER AVE
ROXBURY, CT 06783 FORT LEE, NJ 07024
7313 7313
DORN ELIZABETH GRIGGS ETAL EAST DOMINIC M & CATHERINE A
1407 KERSEY LN 8 CEDAR STREET
ROCKVILLE, MD 20854 CHARLESTOWN, MA 02129
7313 7313
DORN ELIZABETH GRIGGS ETAL LILJEGREN BRUCE W
1407 KERSEY LN PO BOX 4
ROCKVILLE, MD 20854 SIASCONSET, MA 02564
7313 7313
BALLOU FREDERICK D & JANET D NANTUCKET COUNTY OF
LINCOLN ROAD 16 BROAD ST
SUDBURY, MA 01776 NANTUCKET, MA 02554
7313 7313
READE ARTHUR I JR TRST GREENE F E WADE TR
C/O JOAN BINGHAM WADE COTTAGES NOMINEE TR
39 EAST 79TH STREET APT 14B 35 CHARLES ST
NEW YORK, NY 10075 NEW YORK, NY 10014
7313 7313
TODD DOROTHY JANE TRST GREENE F E WADE TR
C/O ALISON COKORINOS WADE COTTAGES NOMINEE TR
11 BENNINGTON COURT 35 CHARLES ST
TENAFLY, NJ 07670 NEW YORK, NY 10014
7313 7313
OCONNELL MARY G GREENE F E WADE TR
28 GARDEN ST WADE GREENE COTTAGES NOMINEE T
BOSTON, MA 02114 35 CHARLES ST
NEW YORK, NY 10014
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NANTUCKET TOWN OF
C/O PARK & REC
2 BATHING BEACH RD
NANTUCKET, MA 02554
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C N
Al TOWN OF NANTUCKET
10 BOARD OF APPEALS `�
NANTUCKET, MASSACHUSETTS 02554 ' ` J
Date: December 9, 2014
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 51 -14
Current Owner /Applicant: ROBERT REISKIN
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.
x�� (�,,
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.
NANTUCKET ZONING BOARD OF APPEALS
Two Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 73.1.3, Parcel 53
34 Codfish Park, Siasconset
`Sconset Residential — 1 (SR -1)
DECISION:
Certificate of Title 25169
shown as Lots 1 & 2
Land Court Plan 3 8901 -A
1. The Nantucket Zoning Board of Appeals held a public hearing on September 11,
2014 and closed on November 13, 2014, in the Community Meeting Room at the Public
Safety Facility at 2 Fairgrounds Road, Nantucket, Massachusetts, regarding the
application of ROBERT REISKIN, 44 Glebe Place, London, UK SW3 5JE, Board of
Appeals File No. 051 -14. The Board made the following Decision:
2. The Applicant is requesting Special Permit relief pursuant to Nantucket Zoning
Bylaw Section 139- 33.A.(1)(a), and to the extent necessary, Variance relief pursuant to
Section 139 -32 for a waiver from the intensity regulations in Section 139 -16. The
Applicant proposes to alter and expand the pre- existing nonconforming dwelling and
renovate and relocate the pre- existing nonconforming shed. The proposed changes and
relocation will decrease the existing northerly and easterly setback intrusions and create
lesser intrusions into the southerly and westerly setback areas. The Locus is an
undersized lot of record situated at 34 Codfish Park Road, shown on Assessor's Map
73.1.3 as Parcel 53, and as Lots 1 & 2 on Land Court Plan 38901 -A. Evidence of
owner's title is registered as Certificate of Title No. 25169 on file at the Nantucket
County District of the Land Court. The site is zoned `Sconset Residential 1 (SR -1).
3. Our Decision is based upon the application and accompanying materials and
representations and testimony received at the public hearing. There was no Planning
Board recommendation on the basis that no matters of planning concern were presented.
One abutter spoke at the hearing and discussed the need for additional parking on the
Locus.
4. Attorney John B. Brescher represented the applicant. At the September 11th
hearing, Attorney Brescher explained to the Board that the Locus and the structures
thereon are preexisting nonconforming with respect to the intensity regulations of the SR-
1 zoning district. The Locus is a preexisting nonconforming undersized lot of record,
having a total lot area of approximately 4,983 square feet in a zoning district that requires
K
a minimum lot area of 5,000 square feet. The structures on the Locus are a single - family
dwelling and a shed, both of which are nonconforming with respect to setbacks.
The single - family dwelling on the Locus is a two -story dwelling with a ground cover of
approximately 1,139 square feet. Said dwelling was originally constructed in 1910 and
predates the adoption of the zoning bylaw in 1972. The structure as presently sited is
nonconforming with respect to side yard setback, being sited approximately 3.5 feet from
the northerly side yard lot line in a zoning district that requires a five (5) foot side yard
setback.
The Applicant intends to renovate the structure in such a manner as to increase the
ground cover ratio from 25.7% to approximately 29.8 %. Because the lot is a lot of record
that is less than 5,000 square feet, the allowable ground cover ratio is 30% pursuant to
Nantucket Zoning Bylaw Section 139- 33.E.(1)(a).
As a result, the rear additions to the structure will be as close as 7.4 feet from the rear
yard lot line. In the SR -1 zoning district, the rear yard setback is five (5) feet; however,
pursuant to Section 139- 16.C(3), lots that abut two or more streets or ways in the SR -1
zoning district must maintain a ten (10) foot setback from each way. Therefore, the
Applicant is requesting Special Permit relief in order to site a portion of the building as
close as 7.4 feet from the rear yard lot line or, to the extent necessary, Variance relief
pursuant to Section 139 -32.
The existing shed upon the Locus is sited in the northeasterly corner of the lot and is
nonconforming with respect to side and front yard setbacks, being sited as close as 0.2
feet from the easterly front yard lot line and 1.6 feet from the northerly side yard lot line
in a zoning district that requires a ten (10) foot front yard setback and five (5) foot side
yard setback, respectively. Said shed will be renovated and relocated to the
southwesterly corner of the Locus. Upon relocation, said shed shall be approximately 5.5
feet from the rear yard lot line and 2.0 feet from the side yard lot line.
Attorney Brescher explained that the Applicant was concurrently applying to the Historic
District Commission ( "HDC ") for the requested alterations to the Premises. The Board
expressed concern about the placement of the shed and suggested the Applicant receive
HDC approval prior to returning to the Board of Appeals.
5. At the November 13`x' hearing, Attorney Brescher explained the proposed
revisions to the application and updated the Board on the progress made with the HDC.
As revised, the proposed alteration to the northerly side of the single - family dwelling will
be no closer to the northerly side yard lot line than 4.38 feet where it was originally 3.5
feet from the lot line. Additionally, the rear additions to the structure will be as close as
6.77 feet from the rear yard lot line. The amount of square footage in this ten (10) foot
setback is approximately sixteen (16) square feet. Furthermore, the existing shed will
be renovated and relocated to the southwesterly corner of the Locus outside of all
setbacks. Responding to the concerns of the neighborhood, one parking space has been
added. The parking requirement in the SR -1 district is one (1) space per dwelling unit.
3
The Applicant also noted that the locus is oddly shaped as it is a pentagram that has
frontage on three of the five sides. Accordingly, the application of the ten (10) foot
setback pursuant to Bylaw Section 139- 16.C.(3) to this uniquely shaped lot pushes the
building envelope further back than what is otherwise allowed in the SR -1 zoning district.
6. Therefore, because the proposed additions will be no closer to the northerly side
yard lot line and the easterly setback intrusion caused by the shed will be eliminated, the
proposed alterations will be in harmony with the purpose and intent of the Zoning Bylaw
and will not be substantially more detrimental to the neighborhood than the existing
nonconformities because the severity of the intrusions is being lessened, and, as such
Special Permit relief may be granted. The Board further found that due to the shape of
the locus and the status of the Way towards the rear of the property, a literal enforcement
of the provisions of Section 139 -16 would be a substantial hardship to the Applicant, but
relief may be granted without substantial detriment to the public good and without
nullifying or substantially derogating from the intent or purpose of the Bylaw and
therefore relief by Variance relief to allow the rear additions to the dwelling structure
may be granted as well.
7. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board GRANTS
Special Permit relief pursuant to Nantucket Zoning Bylaw Sections 139- 33.A.(1)(a) and
Variance relief pursuant to Section 139 -32 to permit the proposed additions referenced in
Historic District Commission Certificate of Appropriateness Number 62719, as may be
amended from time to time, and as shown on the plan entitled, "ZBA Submission:
Proposed Site Plan," prepared by MWP Residential Design, dated November 6, 2014,
attached hereto as "Exhibit A."
5IGNATIJU.PACf,E TO F.QLLQ.W.
4
Assessor's Map 73.1.3, Parcel 53
34 Codfish Park, Siasconset
`Sconset Residential — 1 (SR -1)
Dated: k_z 5d 14
Certificate of Title 25169
shown as Lots 1 & 2
Land Court Plan 38901 -A
Lisa Botticelli
�' Michael Angelastro
COMMONWEALTH OF MASSACHUSETTS
County of Nantucket, ss
On the r day o� 2014, before me, the undersigned notary public,
personally appeared C4 uxz r d S- T,_ l e- , one of the above -named
members 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
signFp the foregoing instr n)pnt voluntarily for the purposes therein expressed.
Offclal Signature and Seal of Noity Public
My commission expires: D'C( 2020 W : DORIS of ry C. Public
W —'•� t Notary Public
Massachusetts
J�rr "OC Commission Expires Oct 9, 2020 5
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