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Home My WebLink About045-14 14 W. Sankaty RoadFee: $450.00 4�vlvop TOWN OF NANTUCKET BOARD OF APPEALS '� v NANTUCKET, MA 02554 wlCU610 � � � A72014 APPLICATION BY: _-/ 1 f16_ .__ File No. Owner's name(s): 5 , W tk'TNaY SGi* P_A s;T 1A (,°F T 1AM I Cl_ G�'1 R•'��Tf a Mailing address: 1 4 W_ Phone Number: E -Mail: �/ • r-►-a ��"� ii ("T� �. GMT t �- • : �T 4 Applicant's name(s): #-1 C-r T jj Mailing Address: 1 Cc, C />.�5� i C +T/�. �� "S ► `-�. �1�+ —L E.�T' - °1'-i X1'-1 i Phone Number: 11 ) 5 - ' Z4CaG�P E -Mail: vet N- +T� �`-i�a SvS ~ilk+ t-V I L, i : - Locus Address: I4 1N . SAN K^ r PJ> Assessor's Map /Parcel: Land Court Plan /Plan Book & Page /Plan File No.: Deed Reference /Certificate of Title: Zoning District & I Uses on Lot- Commercial: None -/ Yes (describe) Residential: Number of dwellings 2 Duplex Apartments Date of Structure(s): all pre -date 7/72 •r/ or Building Permit Numbers: Previous Zoning Board Application Numbers:_ OW - A� 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: 1 v -33.0 61 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: Applicant /Attorney /Agent* *If an 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Clerk:_ /_ /— Mailed:—/—/ - I&M—/—/— & — / —/— Hearing(s) held on: — / —/— Opened on : — / —/- Continued to: — / —/— Withdrawn: — / —/— Decision Due B Made:—/—/— Filed w /Town Clerk: — / —/— Mailed: — / —/— 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile SAC sustainable architecture consulting DATE: 8- 11 -14: TO: ELEANOR ANTONIETT RE: 14 WEST SAN KATY ROAD ZBA APPLICATION I would like to request relief for a Special Permit to alter a pre- existing structure (secondary to the Main Residence) at 14 West Sankaty Road. Both the existing and the proposed cottage structure encroach into the north side yard setback & rear yard setback, however we are not creating a new non - conformity, nor exacerbating the existing setback intrusion. I propose to re- construct the existing cottage within the same footprint and with the same distances from the Property Lines. (Note that the distance from the West Property Line to the structure is 5.5' at the NW corner & 3.9' at the SW corner. The distance from the North Property Line to the structure is 3.9'at the NE corner & 1.9' at the NW corner). The current cottage structure was erected in 2 phases between the 1940s- 1960s. The first "authentic " structure was a warming but that was relocated from the cranberry bogs in the 1940s. That form of that building is a simple gable with a 10 /12 pitch and a center peak. The "addition" to the cottage was added in the 1960s as a 'lean -to', hence creating the off - center peak that now exists. I propose to using the same gable form (with center peak) as the original cottage and provide exterior storage that acts like a "wart" & lies under the continuation of the gable roof line. FYI there will also be minor modifications to the Main Residence. None of the new proposed work encroaches in a setback or causes the total ground coverage to exceed the max. allowed for the lot The proposed modifications include: -A 20 sf addition to the north side (located 21.6' away from the side property line) -A 45.5 sf addition to the west side (located 25' away from the side property line). -Re- building 2 exterior walls in the same location as the existing walls (@ the SW corner) with taller plate heights (same roofing mass above). These corners lie a distance of 6.5'& 7.3' away from the side property lines -Add shed dormers to the existing upper level gable roof. These dormers are located 25'& 20.5' from the nearest property lines (= side property lines). Please let me know if you have any questions, Sincerely, Whitney Schrauth, Architect whitney @sustainable- architecture c) 415 - 254 -8852 16 carmelita ave. mill valley, ca 94941 nantucket, ma 415.888.8604 c :415.254.8852 whitney @sustainable- architecture.com I own ana Lounty OT NantuCKet USt t5, 1U14 IB 73412 95 21 56 773.4-248.1 4 r e.l -` 1 ! 734 •.'.. 73.4.249 I�'� t 734.281 13 24 1 i 73.4.2 129 12 1 73..2 — L—i e 73.4.2119 73.4.2 85 1 /r T34. 7 / , 1 1 r� 73A2 4a) B 7:42 1 4 }/ 1 1 !! � 734 7342192 730. 1 (j ao J ( / 1 / 9 734. i _ ! 73.4.2 119.3 7 __.. 734279 EMS 734. 734214 21 � I >q j 714.2119.4 73a2 120 _ i 73.4.2 77 r i ---+ -, 71k 74 s1c 81B .4 f. ' _2 21 21 -- -1~317 42 8D 4. 49 734.230 �1 3 2 t 73x239 12 r ! 714.2 1 .,. 734.22311 t / 0 ��. 73.4.233 a 4 1 125 ft Iti IRENE ' 1r 714.2E Property Information Property ID 73.4.2 124 Location 14 W SANKATY RD Owner SWAIN NANCY J TRUSTEE SWAIN NOMINEE TRUST MAP FOR REFERENCE ONLY c� NOT A LEGAL DOCUMENT The Town makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map. Parcels updated December, 2013 r; i ( 7i' ` 1 r 73411311` i 29 734219 BE 4 ZONING CLASSIFICATION; Fxissw. MIN. AREA ...... Ir(20,9, � /.% � �•T> MIN, FRONTAGE .. , ....JJ � FRONT YARD SB.:.....�Q. ?71 REAR do SIDE 58 GROUND COVER (x):'...Q.% ! ,pry S 4�'ir, ��A 3 c 0 9g� ' . •1 73. 1, 2- /23 rL /f .iE�.0 II RED GA;' ! 8 , ! 0 ;l, , PRondN� �° J ovmoorz - SAO � 0 i r gr U ;h /A/ZMY 7--,e3 7- . .... , , ... . AND NO OTHERS. I CERTIFY, TO THE BEST OF MY KNOWLEDGE, THAT THE PRE fS SHOWN ARE LOCATED IN FLOOD HAZARO ZONE: . , DELINEATED ON I.R.M. / COMMUNITY PANEL NUMBER: 250230 -00 . 1/7. 6G , BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. EFFECTIVE DATE OF MAPS: JUNE 9, 2014 AND AS PERIODICALLY REVISED. THIS INSPECTION PLAN WAS PREPARED FOR MORTGAGE PURPOSES ONLY AND IS NOT TO BE CONSIDEREp A FULL INSTRUMENT SURVEY. THIS PLAN SHOULD NOT BE USED TO ESTABLISH PROPERTY LINES FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. THIS INSPECTION PLAN IS NOT A CERTIFICATION AS TO THE TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET ASSESSOR'S RECORDS. THIS PLAN SHALL NOT BE USED FOR ANY OTHER PURPOSE OTHER THAN ITS INTENDED USE STATED ABOVE. 30 _ p vJ MORTGAGE PLOT PLAN OF LAND IN NANTUCKET, MA. SCALE: Owner: ,- 5��Y/YCC�i�( /�i/.0 �7 Deed /Cert.: 'i 8�if 1,4�P10n :,61(rJrZf<,i; � Tax Max y,Z/R2 lLocus:J- /k✓�`ST, W/L(?Ydl MICHAEL CONNOLLY & ASSOC. INC. PROFESSIONAL LAND SURVEYORS 149 SURFSIDE ROAD NANTUCKET, MASSACHUSETTS 02554 508- 228 -8910 lA%2wA--Lft*> `4 Ad o'-J cl et Q1 sp -.3 co IL 4 W 0) lu ej ro e J'p 4( ;L 4p T IJ Alk l/ TAT CQ) tu C-) 1-4 -rj CA F:b,:, f c_ ca -Y4 L-& rr_ tos rII C-) 1-4 -rj CA F:b,:, f c_ ca -Y4 L-& rr_ A4 0 0 0 N 4 I i� i� 2 s gg iL ova IL 0 0 Is 91 MEN J 7 IL 0 0 Is 91 MEN jj C4 0 01 01 j i J 10 jj C4 0 01 01 j i r CA I,� J 1 � i LF- I � 4 I It cp ,- w �, a �j Cf LI tr�� ly w Nr ia 00 1-i aj co -Q.L 'xt-dat"o- a'B(30C>'a--'dcA OJ rT po' N m 7 I j III 7 t-sr d ' . I : A 1-i aj co -Q.L 'xt-dat"o- a'B(30C>'a--'dcA OJ rT po' N m 7 I j 'm S IL dj:., I(J ILI .11 IL In I 0 ii C4 CP IL g.1 �iaIL IL 0 lu w ILJ v C%-L 7M _.y1 ` 3 �i tV.w� g "1' *ci' 1`g L j,1 z� 1 ate,6F •1 ` i -_ �.'y _.6. +�u. ...c. -_iG Sb M�� —! Y 1 1 l f c'i � r tL j •'' J C Z E} t ..i LU r. Mj I- Oj CL 4- 13 SLR - -3-t-4 ------------- tit CL 0 z kr i I I < 0 3 w CL 0 z d ur Ci Is co :r Cb ,a YcJ- '-.��'NXULO -D CM d ur Ci Is co :r Cb ,a 00 $ co— � � f|# � .! � - � , Z/ /! \ \ / & 4 7 a \ NT (.0 e Q t CD Q k / \ k cz (Z co cj� � cu V co � SJO l JOj: g?- V 00 L.A offl, Sxa co t 3 k iYr - S } r- JFFr= m i o l �� ZZ LO SUQ1Apuo j Nns -sd ' co KAR I E1=1 FM IT FIF El Ll EEEfI IT Is I 100K&i mE214 �,�KrvcK� TOWN OF NANTUCKET BOARD OF APPEALS AR'ORATL� NANTUCKET, MASSACHUSETTS 02554 Date: July /F , Y000 To; Parties in Interest and.Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.; 042 -00 Owner /Applicant; JOSEPH M. SWAIN, JR. 1 Enclosed is the Decision of the BOARD OF APPEALS which has ! this day been filed in 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 an complaint in 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. William P. Hourihan, Chairman cc! Town Clerk Planning Board Building Commissioner t PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED.UPON ACCORDING'TO NANTUCKET ZONING BY -LAW 0139 -301 (SPECIAL PERMITS); §139 -32I (VARIANCES) ANY QUESTIONS. PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. 1 ' 3 bTWMCMT ZON=G BOABD or "PEALS 37 Washington street Nantucket, Kaaaachnsetts 02554 s Assessor'a Map 73.4.2, Parcel 124 Plan Book 12, Page 20 14 West Sankaty Avenue, Siasconset Lot B Residential -1 Deed Book 118, Page 272 r. I DECISION• 1. At a public hearing of the. Nantucket Zoning Board of Appeals, on Friday, June 9, 2000, at 1:00 P.M., in the Conference Room, in the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the following decision on the application of JOSEPH M- SWAIN, JR., c/o Reade, Gullieksen, Hanley S Gifford, LLP, .Post Office Box 2669, Nantucket, Massachusetts 02584, File No, 042 -00: 2. The applicant is seeking relief by- SPECIAL PERMIT under. Nantucket Zoning By -law §139 -33.A (alteration of a pre - existing, nonconforming structure and use) . The applicant proposes to change the use of an accessory building containing about 394 square feet upon the subject property (the "Locus "), currently used as an electrician's shop (arguably a customary home occupation at one time), to- use as a secondary dwelling. The Locus is also improved with a principal single - family dwelling with ground cover of about 938 square feet, situated about eight feet from the accessory building at the closest point. There would be no increase in ground cover, however; the ridge height of the structure would be increased from about 12'4" to about 1413" to accommodate construction of a full basement, and there would be no increase in the nonconforming setback distances as a result of the conversion. Two parking spaces would be provided on -site. The applicant is also seeking relief by VARIANCE from the provisions of By -law 9139- 7.A(2)(b) to allow a scalar separation of eight feet between the principal dwelling and the Proposed secondary dwelling; the minimum required by the By -law is twelve feet. The Locus is nonconforming as to lot area, containing about 4,740 square feet and with a minimum of 5,000 square feet being required in the Residential -1 zoning district. The structures upon the Locus are dimensionally nonconforming as tO front yard zotback, with the primary dwelling being sited at about nine feet at, its closest point from the frontage of the Locus on West Sankaty Avenue (or, if frontage is deemed to be on Lincoln Street, with the accessory building being sited at about` 3.9 last from Lincoln street at its closest point), with the . minimum front yard setback required in the Re3idential -1 district - 1 70nxW70►ata216 being :ten feet; and as to side and rear setback, with the accessory building being sited at about 1.9 feet at its closest point from the northerly side yard lot line and, as noted above, at about 3.9 feet from Lincoln Street, with minimum side and rear yard setback in the .Residential -1 zoning district being five feet. The Locus is situated at 14 WEST SANKATY AVENUE, SZASCONSET, Assessor's Map 73.4.2, Parcel 124, is shown upon a plan recorded with Nantucket Deeds in Plan Book 12, Page 20, as Lot 3, and is zoned as Residential -1. 3. Our decision is based. upon the application and accompanying materials, and representations and testimony received at our public hearing. The Planning Board recommendation was negative as to the granting of variance relief. There were four letters in support from immediate abutters. There was no opposition presented in person, in writing or through representatives at the public hearing. 4. As presented by the applicant and his representatives, the Locus was acquired by his father and mother in 1948, and they thereafter lived in the dwelling upon the Locus as their principal residence. The accessory building was constructed in the 1950'x, prior to the adoption of the original Nantucket Zoning By -law., The applicant's father, a carpenter, used the accessory building as a shop in connection with his business. After the applicant's father's death in 1988, the applicant used the accessory building as a shop in connection with his work as an electrician, but the applicant has not resided upon the Locus. during this_ period. The accessory building is now in a dilapidated condition, and the applicant now proposes to convert it to residential use. This conversion will not increase the size of the structure, either in footprint or in elevation of the roof ridge above the foundation, but the elevation above mean grade will increase by about 23 inches, to about 141311, because of placement of a full basement. under the structure. The dimensional setback nonconformities of the structures will remain the same, with upward extension of the accessory structure within the setback areas. The conversion of the accessory structure to residential use will create a new nonconformity, because the existing separation of about eight feet between the structures, which is not a zoning nonconformity if the accessory structure is not a dwelling, becomes nonconfurming if the accessory structure is converted to residential use, the By -law requiring scalar separation of at least twelve feet between the principal and secondary dwellings upon any lot. 5. Arguably, the use of the accessory building by the applicant's father may have constituted a customary home 2 900M 6 f V ?-c, 217 occupation and thus, have been a permitted use. The applicant has never treated the use as a customary home occupation, and has not resided upon the Locus while using the structure in connection with his business. In any event, the conversion of the structure to residential use will eliminate its commercial use, and will enable the rehabilitation of the structure in a more attractive condition than now exists. The modest increase in height of the structure will simply provide for a proper foundation; members of the Board commented favorably upon the fact that a second story was not proposed. As to the requested variance relief from the scalar separation requirement, this arises from the technicality that the requirement is applicable only to the separation_ of dwellings. In fact, the separation of the structures will be the same as it now is. Contrary- to the Planning Board's recommendation, the Board of Appeals considered 'that the existence of the present accessory structure constitutes the unique "topography of land or structures" component of the statutory criteria for variance relief. The obvious advantage to the neighborhood from the proposed change in use and rehabilitation of the structure satisfies the special permit requirement that the changes in the pre- existing nonconforming structure and use not be substantially more detrimental to the neighborhood, and also the variance criterion that the relief not derogate from the purpose and intent of the By -law. No relief fzom parking requirements was requested, and accordingly the applicant will be obligated to provide two parking spaces. o'. Accordingly, by UNANIMOUS vote, first made t the Board of Appeals the finding that the proposed alteration of the accessory structure upon the Locus would constitute an intensification of the pre- existing nonconformities, u that there would be upward extension within the side yard setback area - (and also the rear yard setback area, if frontage is deemed to be . measured from West Sankaty Avenue), and then GRANTED the requested relief by SPECIAL PERMIT under Zoning By -law §134 -33.A, authorizing the conversion and alteration of the accessory structure for use as a secondary dwelling, as proposed, making the subsidiary finding that the alteration of the pre - existing, nonconforming structure and use would not be substantially more detrimental to the neighborhood than the pre- existing nonconformities. The_Board further, by UNANIMOUS vote, GRANTED the requested relief by VARIANCE from the twelve -foot scalar separation requirement between principal and secon ary dwellings under Zoning By -law 5139- 7.A(2), finding that owing to conditions Of topography of lot and structures upon the Locus and uniquely affecting it, the literal enforcement of the By -law would effect . A hardship upon the applicant in that the structure could not be WS d . IW w to 8, a A$gKVV lV��fEIG18 rehabilitated for a.conforming use, and that the requested relief -would not derogate from the purpose and intent of the Sy -lox. j Dated: July 2000 William P. Rourihan, Jr. RECEIVED Dale ine TOWN CLERKS OFFICE NANTUCKET, MA 02554 Mi ae J. O'Ma JUL 18 2000 CLERK - Nancy J. Sev s Dot -1 ent r.t+rv..t.�a...NU000ea� ac,roc - IC RrIFYiiiAT?JDAYStiAVEELAPSEDAFM MDE,=ON WAS flLFD ?'j'• iiEOrF7tEOF2HE TOVINCEMepT-�'C �O ;?l'rlLHXSIiEElt ?•KU&SWANf10.GE.'E�Ll WSWASrf.'RCd�l2 ' 3F�'ab`Zppp . N R"tad 6 EnWeL Det 000 Time; F iAttest: 5p._1.4d&j Roglster of Deeds ! 4 End of Instrument I UC e, RAI TOWN OF NANTUCKET RECEIVED BOARD OF APPEALS t�:U'19 LJOT 21 PFi j 26 NANTUCKET, MASSACHUSETTS 02554."'/N'E_T TOWN CL�Rf' Date: October 21, 2014 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 045-14 Current Owner/Applicant: J. DANIEL SCHRAUTH & S. WHITNEY SCHRAUTH 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. 4 �J TOWN OF NANTUCKET - C' r11 BOARD OF APPEALS NANTUCKET, MA 02554 -, -) .3 51 e, _) MEMORANDUM r - Date: December 3, 2014 To: Town Clerk From: Eleanor Weller Antonietti, Zoning Administrator Re: Zoning Board Decision #045-14—CORRECTION The above referenced ZBA Decision regarding 14 West Sankaty Road, filed with the Town Clerk on October 21, 2014, requires modification to reflect technical corrections thereto. These technical corrections are limited to terminology (changing "cottage" or "accessory building" to "outbuilding") and clarification of the non-conforming pre-existing status of the main dwelling. A corrected decision is filed herewith. This minor modification will neither effect the content of the relief contained in the decision nor the completed appeal period. Please attach this document to the existing Decision so that it may be recorded in its entirety. Thank you. de..-62---4"---\.____ Eleanor W.Antonietti, Zoning Administrator COMMONWEALTH OF MASSACHUSETTS Nantucket, ss On the 5gp day of 1)e.C M 2e._, 2014,before me,the undersigned notary public, personally appeared 61.14.1&49 Q. WI • 1l1ck+D yt,j C-(-{-1 , the above-named Zoning Administrator of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that she signed the foregoing instrument voluntarily for the purposes therein expressed. D (/61 -- Notaly'Public: LYNELL D. VOLLANS My Commission E- :t. -s: Notary Public J Commonwealth,0f Massachusetts 4 M ommissia xpires 2 Fairgrou s Ro embe 28l tucket Massachusetts 02554 508-228 - 729.5 tefe-phone 508-228 - 7298 facsimile t1TUCki. et, 4)7; c rn TOWN OF NANTUCKET rn BOARD OF APPEALS = w NANTUCKET, MASSACHUSETTS 02554 -3- 0 `r s rl N Date: December 3, 2014 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 045-14 Owner/Applicant: J. DANIEL SCHRAUTH & S . WHITNEY SCHRAUTH Enclosed is the CLARIFICATION AND TECHNICAL CORRECTION to the Decision of the BOARD OF APPEALS which has this day been re- 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 . NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket,Massachusetts 02554 Assessor's Map 73.4.2, Parcel 124 Book 1444, Page 282 14 West Sankaty Road shown as Lot B Sconset Residential 1 (SR-1) Plan Book12, Page 20 CLARIFICATION AND TECHNICAL CORRECTION to DECISION: On September 11, 2014, the Zoning Board of Appeals granted the Applicants' request for relief to allow the demolition, reconstruction, and expansion of a pre-existing nonconforming outbuilding substantially in the same location pursuant to Nantucket Zoning By-Law Sections 139-33.A(1)(a) and 139- 33.D(1). That decision (see below *) contained minor technical errors which are corrected herewith. * THE ORIGINAL DECISION, AS FILED WITH THE TOWN CLERK ON OCTOBER 21, 2014, IS BELOW IN CORRECTED FORM. Eliminated language is shown with a strike-through line and additional language is shown in italics. DECISION: 1. The Nantucket Zoning Board of Appeals held a public hearing on September 11, 2014, in the Community Meeting Room at the Public Safety Facility at 4 Fairgrounds Road, Nantucket, Massachusetts, regarding the application of J. DANIEL SCHRAUTH AND S. WHITNEY SCHRAUTH , 16 Carmelita Avenue, Mill Valley, California 94941, Board of Appeals File No. 45-14. The Board made the following Decision: 2. The Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Sections 139-33.A(1)(a) and 139-33.D(1) in order to raze, reconstruct, and expand a pre-existing nonconforming accessory building substantially in the same location as the existing 394 square foot structure. There will be no increase in the pre-existing nonconforming front and side yard setback distances as a result of the reconstruction. The rebuilt structure will measure 360 square foot on the footprint of the razed building with a 46 square foot addition outside the setbacks, bringing its total ground cover to 406 square feet. Applicant proposes alterations to the pre-existing nonconforming main dwelling which do not require relief but will add additional ground cover, resulting in an increase of the ground cover ratio from to 28.1% to approximately 29.8% where 30% is allowed. The Locus is situated at 14 W. Sankaty, with frontage on Lincoln Street. It is shown on Nantucket Assessor's Map 73.4.2 as Parcel 124, and as Lot B on Plan Book 12, Page 20. Evidence of owner's title is recorded at Book 1444, Page 282 on file at the Nantucket County Registry of Deeds. The property 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. There was no opposition,written or oral,to the application. 4. Whitney Schrauth, the Owner and Applicant, explained to the Board that she is requesting that the Zoning Board of Appeals approve alterations to the cottage outbuilding and main dwelling upon the premises. Applicant has opted to declare Lincoln Street as the front yard lot line and West Sankaty Avenue as the rear yard lot line for zoning purposes. This shift will not eliminate the pre-existing nonconforming status of the main dwelling, sited nine (9) feet from W. Sankaty Road, as the required rear yard setback distance of ten (10) (-S) feet is not met. Pursuant to Bylaw Section 139-16.C(3), structures on a lot in the SR-1 zoning district abutting two or more streets or ways, whether constructed or not, must maintain the minimum ten (10)foot setback from each street or way. However, the proposed alterations to the main dwelling will take place entirely outside of the setbacks. The Locus is shown on plan entitled "Mortgage Plot Plan", prepared by Michael Connolly & Associates, Inc., dated July 30, 2014, a reduced copy of which is attached hereto and marked as "Exhibit A". The lot is a pre-existing nonconforming undersized lot of record, containing 4,740 square feet in the SR-1 zoning district which requires a minimum lot size of 5,000 square feet. The eettage outbuilding is pre-existing nonconforming as to setbacks, being sited 1.9 feet from the northerly side yard lot line at its closest point, where a five (5) foot side yard setback is required, and 3.9 feet from the front yard lot line (fronting on Lincoln Street) where a ten (10) foot front yard setback is required. Locus benefits from prior Special Permit relief in Decision No. 042-00 issued to previous owner, Joseph Swain. This decision allowed for the conversion of the accessory structure, then serving as an electrician's shop, into a secondary dwelling, however, the work proposed and approved therein was ever implemented. The portion of the proposed work which requires relief from the Board consists of demolition and reconstruction of the pre-existing nonconforming 394 square foot cottage outbuilding, currently in a dilapidated state and not salvageable. The original structure is said to have been a warming-hut relocated from Cranberry Bogs in the 1940's which had a simple gable form with a 10/12 pitch and center peak. A "lean-to" addition was built in the 1960's which created an off-center peak. Applicant is currently seeking approval from the Nantucket Historic District Commission (Certificate of Appropriateness No. 62375 granted on September 23, 2014) in order to rebuild the structure within the same footprint, reverting to the gable form with a center peak said to be that of the original structure. The minor alterations proposed will not increase the existing setback encroachments, although they will extend them upward by approximately 3.6 inches. The applicant will be replacing the existing pier foundation as needed. She also proposes to build a small `wart' addition to the east, outside of the setbacks and under the gable roof line, which will provide exterior storage. The reconstructed eettage outbuilding will serve as a home-office for the Applicant who is an architect. The work proposed will result in an overall improvement of the structures and the site. 6. Therefore, after a discussion with the Applicant, the BOARD made the finding that the proposed alterations to the pre-existing nonconforming cottage outbuilding, consisting of demolition, reconstruction and expansion, do not increase the nonconforming nature as to setback distance, are in harmony with the general purpose and intent of the Zoning Bylaw, and shall not be substantially more detrimental to the neighborhood. Furthermore, pursuant to Bylaw Section 139-33.D(1), an accessory building which is accessory to a residential use and has no commercial use may be razed and reconstructed with substantially the same configuration, ground cover, siting and use. 7. Accordingly, by a vote of FOUR in favor and ONE (Toole) opposed, the Board voted to grant the requested Special Permit relief pursuant to Nantucket Zoning Bylaw Sections 139-33.A(1)(a) and 139-33.D(1) to allow the demolition, reconstruction, and expansion of a pre-existing nonconforming accessory building substantially in the same location subject to the following conditions: a) The project shall be constructed in substantial compliance with the plans approved by the Nantucket Historic District Commission in Certificate of Appropriateness No. 62375, and the site plan prepared by Sustainable Architecture, dated July 28, 2014, a copy of which is attached hereto as"Exhibit B." b) No exterior construction in connection with the project shall occur between Memorial Day and Labor Day of any given year. NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 73.4.2, Parcel 124 Book 1444, Page 282 14 West Sankaty Road shown as Lot B Sconset Residential 1 (SR -1) Plan Book 12, Page 20 DECISION: 1. The Nantucket Zoning Board of Appeals held a public hearing on September 11, 2014, in the Community Meeting Room at the Public Safety Facility at 4 Fairgrounds Road, Nantucket, Massachusetts, regarding the application of J. DANIEL SCHRAUTH AND S. WHITNEY SCHRAUTH , 16 Carmelita Avenue, Mill Valley, California 94941, Board of Appeals File No. 45 -14. The Board made the following Decision: 2. The Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Sections 139- 33.A(1)(a) and 139 - 33.1)(1) in order to raze, reconstruct, and expand a pre- existing nonconforming accessory building substantially in the same location as the existing 394 square foot structure. There will be no increase in the pre- existing nonconforming front and side yard setback distances as a result of the reconstruction. The rebuilt structure will measure 360 square foot on the footprint of the razed building with a 46 square foot addition outside the setbacks, bringing its total ground cover to 406 square feet. Applicant proposes alterations to the main dwelling which do not require relief but will add additional ground cover, resulting in an increase of the ground cover ratio from to 28.1% to approximately 29.8% where 30% is allowed. The Locus is situated at 14 W. Sankaty, with frontage on Lincoln Street. It is shown on Nantucket Assessor's Map 73.4.2 as Parcel 124, and as Lot B on Plan Book 12, Page 20. Evidence of owner's title is recorded at Book 1444, Page 282 on file at the Nantucket County Registry of Deeds. The property 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. There was no opposition, written or oral, to the application. 4. Whitney Schrauth, the Owner and Applicant, explained to the Board that she is requesting that the Zoning Board of Appeals approve alterations to the cottage and main dwelling upon the premises. Applicant has opted to declare Lincoln Street as the front ssion expires: yard lot line and West Sankaty Avenue as the rear yard lot line for zoning purposes. This shift will eliminate the pre- existing nonconforming status of the main dwelling, sited nine (9) feet from W. Sankaty Road, as the required rear yard setback distance of five (5) feet is met. The Locus is shown on plan entitled "Mortgage Plot Plan", prepared by Michael Connolly & Associates, Inc., dated July 30, 2014, a reduced copy of which is attached hereto and marked as "Exhibit A ". The lot is a pre- existing nonconforming undersized lot of record, containing 4,740 square feet in the SR -1 zoning district which requires a minimum lot size of 5,000 square feet. The cottage is pre- existing nonconforming as to setbacks, being sited 1.9 feet from the northerly side yard lot line at its closest point, where a five (5) foot side yard setback is required, and 3.9 feet from the front yard lot line (fronting on Lincoln Street) where a ten (10) foot front yard setback is required. Locus benefits from prior Special Permit relief in Decision No. 042 -00 issued to previous owner, Joseph Swain. This decision allowed for the conversion of the accessory structure, then serving as an electrician's shop, into a secondary dwelling, however, the work proposed and approved therein was ever implemented. The portion of the proposed work which requires relief from the Board consists of demolition and reconstruction of the pre - existing nonconforming 394 square foot cottage, currently in a dilapidated state and not salvageable. The original structure is said to have been a warming -hut relocated from Cranberry Bogs in the 1940's which had a simple gable form with a 10/12 pitch and center peak. A "lean-to" addition was built in the 1960's which created an off - center peak. Applicant is currently seeking approval from the Nantucket Historic District Commission (Certificate of Appropriateness No. 62375 granted on September 23, 2014) in order to rebuild the structure within the same footprint, reverting to the gable form with a center peak said to be that of the original structure. The minor alterations proposed will not increase the existing setback encroachments, although they will extend them upward by approximately 3.6 inches. The applicant will be replacing the existing pier foundation as needed. She also proposes to build a small `wart' addition to the east, outside of the setbacks and under the gable roof line, which will provide exterior storage. The reconstructed cottage will serve as a home - office for the Applicant who is an architect. The work proposed will result in an overall improvement of the structures and the site. 6. Therefore, after a discussion with the Applicant, the BOARD made the finding that the proposed alterations to the pre- existing nonconforming cottage, consisting of demolition, reconstruction and expansion, do not increase the nonconforming nature as to setback distance, are in harmony with the general purpose and intent of the Zoning Bylaw, and shall not be substantially more detrimental to the neighborhood. Furthermore, pursuant to Bylaw Section 139 - 33.1)(1), an accessory building which is accessory to a residential use and has no commercial use may be razed and reconstructed with substantially the same configuration, ground cover, siting and use. 7. Accordingly, by a vote of FOUR in favor and ONE (Toole) opposed, the Board voted to grant the requested Special Permit relief pursuant to Nantucket Zoning Bylaw Sections 139- 33.A(1)(a) and 139- 33.D(1) to allow the demolition, reconstruction, and expansion of a pre- existing nonconforming accessory building substantially in the same location subject to the following conditions: a) The project shall be constructed in substantial compliance with the plans approved by the Nantucket Historic District Commission in Certificate of Appropriateness No. 62375, and the site plan prepared by Sustainable Architecture, dated July 28, 2014, a copy of which is attached hereto as "Exhibit B." b) No exterior construction in connection with the project shall occur between Memorial Day and Labor Day of any given year. SIGNATURE PAGE TO FOLLOW Assessor's Map 73.4.2, Parcel 124 14 West Sankaty Road Sconset Residential 1 (SR -1) Dated: 0 L+0bU 21, UIL( Book 1444, Page 282 shown as Lot B Plan Book12, Page 20 (&�an McCarthy Michael Angelastro COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss On the day of O C C D lot( , 2014, before me, the undersigned notary public, personally appeared tf_y i M ICOS COL+-aL , 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 signed the foregoing instrument voluntarily for the purposes therein expressed. &W b V Official Jignature and Seal of Notary ublic My commisen exPIRWELL D. VOLLANS Notary Public #c Commonwealth of Massachusetts �. `► My Commission Expires December 28, 2018 ZONING CLASSIFICATION: 5R-7j Exxis7m � MIN. AREA:... MIN FRONTAGE' .. , ...50. /-77 CE P FRONT YARD S.B.: ..... REAR & SIDE S.B.:.. GROUND COVER 73.82 -/23 % kkDR/ ➢G-- J � 8 '4'oA f 0 s9g� o U �0 3 -s r - Y %r qr 938 s.� J U "o (y I<(//ZMY fi.12SY' ' .\ • . .... , , ... . AND NO OTHERS. I CERTIFY, TO THE BEST OF MY KNOWLEDGE, THAT THE PRE FMS SHOWN ARE LOCATED IN FLOOD HAZARD ZONE: . , DELJNEATFD OVJ.R.M. / COMMUNITY PANFL NUMBER: 250230 -00 , II . ,, , BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. EFFECTIVE DATE OF MAPS: JUNE 9, 2014 AND AS PERIODICALLY REVISED. THIS INSPECTION PLAN WAS PREPARED FOR MORTGAGE PURPOSES ONLY AND IS NOT TO BE CONSIDERED A FULL INSTRUMENT SURVEY. THIS PLAN SHOULD NOT BE USED TO STAB ISH PROPERTY I= FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. THIS INSPECJJON PLAN IS NOT A CERTIFICATION AS TO THE TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET ASSESSOR'S RECORDS. THIS PUN SHALL NOT BE USED FOR ANY OTHER PURPOSE OTHER THAN ITS INTENDED USE STATED ABOVE. �cl 1 rrnn� "J MORTGAGE PLOT PLAN OF LAND IN NANTUCKET, MA. SCALE., / " /J`�� DATE.�uC%�o2o/ Owner. Deed /Cent. Plan.,ff, Zf�7 �r7T Tax Map: T-', f:-�F :/i2!�ILocus:/l/�✓ MICHAEL CONNOLLY & ASSOC. INC. PROFESSIONAL LAND SURVEYORS 149 SURFSIDE ROAD NANTUCKET, MASSACHUSETTS 02554 508 - 228 -8910 C -ZKZ % I b*lg 0- *4 all PAS r lu VL IL 1D tj ul r L L p Jol lD YN 14 P k AI. ca T- 0--) vq Ax 1 NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 73.4.2, Parcel 124 Book 1444, Page 282 14 West Sankaty Road shown as Lot B Sconset Residential 1 (SR -1) Plan Book 12, Page 20 DECISION: 1. The Nantucket Zoning Board of Appeals held a public hearing on September 11, 2014, in the Community Meeting Room at the Public Safety Facility at 4 Fairgrounds Road, Nantucket, Massachusetts, regarding the application of J. DANIEL SCHRAUTH AND S. WHITNEY SCHRAUTH , 16 Carmelita Avenue, Mill Valley, California 94941, Board of Appeals File No. 45 -14. The Board made the following Decision: 2. The Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Sections 139- 33.A(1)(a) and 139- 33.1)(1) in order to raze, reconstruct, and expand a pre- existing nonconforming accessory building substantially in the same location as the existing 394 square foot structure. There will be no increase in the pre- existing nonconforming front and side yard setback distances as a result of the reconstruction. The rebuilt structure will measure 360 square foot on the footprint of the razed building with a 46 square foot addition outside the setbacks, bringing its total ground cover to 406 square feet. Applicant proposes alterations to the main dwelling which do not require relief but will add additional ground cover, resulting in an increase of the ground cover ratio from to 28.1 % to approximately 29.8% where 30% is allowed. The Locus is situated at 14 W. Sankaty, with frontage on Lincoln Street. It is shown on Nantucket Assessor's Map 73.4.2 as Parcel 124, and as Lot B on Plan Book 12, Page 20. Evidence of owner's title is recorded at Book 1444, Page 282 on file at the Nantucket County Registry of Deeds. The property 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. There was no opposition, written or oral, to the application. 4. Whitney Schrauth, the Owner and Applicant, explained to the Board that she is requesting that the Zoning Board of Appeals approve alterations to the cottage and main dwelling upon the premises. Applicant has opted to declare Lincoln Street as the front scion expires: NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 73.4.2, Parcel 124 Book 1444, Page 282 14 West Sankaty Road shown as Lot B Sconset Residential 1 (SR -1) Plan Book12, Page 20 DECISION: n 1. The Nantucket Zoning Board of Appeals held a public hearing on Awie , 2014, in the Community Meeting Room at the Public Safety Facility at 4 Fairgrounds Road, Nantucket, Massachusetts, regarding the application of J. DANIEL SCHRAUTH AND S. WHITNEY SCHRAUTH , 16 Carmelita Avenue, Mill Valley, California 94941, Board of Appeals File No. 45 -14. The Board made the following Decision: 2. The Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Sections 139- 33.A(1)(a) and 139 - 33.1)(1) in order to raze, reconstruct, and expand a pre- existing nonconforming accessory building substantially in the same location as the existing 394 square foot structure. There will be no increase in the pre - existing nonconforming front and side yard setback distances as a result of the reconstruction. The rebuilt structure will measure 360 square foot on the footprint of the razed building with a 46 square foot addition outside the setbacks, bringing its total ground cover to 406 square feet. Applicant proposes alterations to the main dwelling which do not require relief but will add additional ground cover, resulting in an increase of the ground cover ratio from to 28.1% to approximately 29.8% where 30% is allowed. The Locus is situated at 14 W. Sankaty, with frontage on Lincoln Street. It is shown on Nantucket Assessor's Map 73.4.2 as Parcel 124, and as Lot B on Plan Book 12, Page 20. Evidence of owner's title is recorded at Book 1444, Page 282 on file at the Nantucket County Registry of Deeds. The property is zoned Sconset Residential- l(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. There was no opposition, written or oral, to the application. fChRAOu A 4. Whitney Seratrth, the Owner and Applicant, explained to the Board that she is requesting that the Zoning Board of Appeals approve alterations to the cottage and main dwelling upon the premises. Applicant has opted to declare Lincoln Street as the front