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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Town Clerk:_ /_ /— Mailed:—/—/— I &M_ /_ /_ &_ /_ /_ Hearing(s) held on:—/—/— Opened on :_ /_ /_ Continued to:_ /_ /_ Withdrawn:_ /_ /_ Decision Due By:_ /_ /_ Made:—/—/— Filed w /Town Clerk:_ /_ /_ Mailed:_ /_ /_ Exhibit A The Applicant, Robert Reiskin, is requesting Special Permit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 T7,.3 3 1 _122 FF 5 OFF 29 7 11 32 7 27 f7 7 4a If 73AN 3S Property Information Property ID 73.1.3 53 Location 34 CODFISH PARK RD Owner REISKIN ROBERT C/O FIRST AMERICAN RE TAX / /3L/.4*n rz1-35.0 7311-3W 73.1.36 3.1 15L- -7— 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 7 � 73.w^8 , 5 1 � ~ 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 ' ��... [[ U ���, 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 ?TEj-- �24-� A�Sf�SSOR'S OFFICE TOWN OFNANTUCKET C O N ro u O a u a P. 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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. 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