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HomeMy WebLinkAbout066-14 13 West Dover StreetGLIDDEN & GLIDDEN, P.C. ATTORNEYS AT LAW P. O. Box 1079 37 CENTRE STREET NANTUCKET, MASSACHUSETTS 02554 508 - 228 -0771 FAx 508 - 228 -6205 OF'F'ICE @GLIDDENANDGLIDDEN.COM RICHARD J. GLIDDEN JESSIE M. GLIDDEN BRESCHER JOHN B. BRESCHER Ms. Eleanor Antonietti Zoning Administrator Planning and Land Use Services 2 Fairgrounds Road Nantucket, MA 02554 RE: 13 West Dover Street — ZBA Application Dear Eleanor, JAMES K. GLIDDEN (1917 -- 2009) November 17, 2014 Enclosed please find an application and supporting documentation for Special Permit relief for the property located at 13 West Dover Street in order to convert an existing studio to a secondary dwelling pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(1)(a). Please note that I reserve the right to supplement this application with further materials at a later time. I have also enclosed the filing fee of $450.00 made payable to the Town of Nantucket and two (2) copies of the application and supporting documentation. If you have any questions, please do not hesitate to contact me. Trusting you find everything in order, I remain, Very Truly Yours, 4;�R' . Brescher, Esq. Enclosure(s) Zoning 13-1-.rd of Appeals NOV 17 2014 RECEIVED TOWN OF NANTUCKET; BOARD OF APPEALS NANTUCKET, MA 02554 w APPLICATION Fee: $450.00 File NJ 't Owner's name(s): Summer Salt, LLC Mailing address: 883 West Royal Hunt Drive, Suite 200, Cedar City, UT 84720 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: 13 West Dover Street Assessor's Map /Parcel: 55.4.1/196 Land Court Pla f iPia Rook & rage /Plan File No.: Lot A, Plan File No. 2014 -93 Deed Reference /Certificate of Title: Book 1459, Page 58 Zoning District: ROH Uses on Lot- Commercial: NA Yes (describe) Residential: Number of dwellings: 1 Duplex Apartments Date of Structure(s): Pre -1972 Building Permit Numbers: Previous Zoning Board Application Numbers: NA 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. SIGNA SIGNATURE: Owner* *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, Summer Salt, LLC, is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(1)(a) to convert the existing studio to a secondary dwelling. The Locus, 13 West Dove Street, is benefited by two structures: a single - family dwelling and a studio. Both of said structures are preexisting nonconforming with respect to the intensity regulations of the Residential Old Historic (ROH) zoning district. The primary dwelling is sited approximately 1.7 feet from the westerly side yard lot line in a zoning district that requires a five (5) foot side yard setback. Said dwelling was constructed prior to the adoption of the Zoning Bylaw in 1972. The secondary structure on the Locus is a studio, which was originally a shed in 1970, was constructed before the adoption of the Zoning Bylaw as well and has remained in substantially the same location since its construction. Per a notation in the Building Department file, the predecessor in title added onto the shed by adding a potting shed and a platform deck to the rear of the shed. In 1975, the shed was then enlarged in the direction of West Dover Street and in 1985 a second story was added to the shed and it was thereafter used as a studio — an accessory use in the ROH district. All of said additions have received final sign -offs from the building department and the necessary certificates of occupancy have been issued, the most recent of which was September 5, 2014. However, the structure is nonconforming with respect to side yard setbacks, being sited as close as 3.0 feet from the easterly side yard lot line in a zoning district that requires a five (5) foot side yard setback. The Applicant is before the Board requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(1)(a) to convert the use of the pre- existing nonconforming studio structure to a secondary dwelling, a use allowed by right in the ROH district. The Applicant is not proposing any alterations to the structure that would alter the configuration or calculation of the ground cover ratio of the structure. Any alterations will be interior and will comply with the human habitation code. The requested change of use will not be substantially more detrimental to the neighborhood because proposed use is a use allowed by right in the ROH zoning district and the exterior of the structure is not being altered in any way so the nonconformity is not increasing in intensity. Furthermore, the relief is in harmony with the purpose and intent of the Zoning Bylaw because secondary dwellings are allowed by right in the ROH district. N- CO / - % m }( % o Cfi 2 < z w k § =< \ \ E-i O k JQ 7 «w & a G/§ m �`� )) m % §]®\\ R U ° @,A» / \& �4] ° O!a B 2: �0 E ) §(/ § 3 ® k \ \ /) \e 0 , } 14 ! s \ m ° c \ 0 0 ` / � z ) .. u & »� § ) (y/ . } ` §; a §/ /� W ) E-4 \ m « R � ¥ ƒ§ - 0 R « |© . §Q) 0 03 m � x � ) ),- § z f « } z, , , k z j © §2k ® \ ®/)§ q� §� j )J3 a }k( \ §« § ) ] §§!N§ ®� %§ 2K. 2 ` OWE \EW E °w§ . ©'El�� . . 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Or- Rai =' Dg� RO eta o�omm°a w O E" w11 i� a O 0 m w N � O z w W FW O O ZF-H6 o N SETTg F= U W 2O2 0 y y o W ®�PQOp SS<p �- ~UN 7'fg Z F <00 �Z6� JO o wQ�W N O W Ww❑F 0 aa o a w a'< ii R 'Air TOWN OF NANTUCKET =4 s BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 0255 Date: December 31, 2014 .a To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 66 -14 Current Owner / Applicant: SUMMER SALT, LLC 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. NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 55.4.1, Parcel 196 13 West Dover Street Residential Old Historic (ROH) DECISION: Book 1459, Page 58 Plan File No. 2014 -93 Lot A 1. At a public hearing of the Nantucket Zoning Board of Appeals on Thursday, December 11, 2014, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of Summer Salt, LLC, 883 West Royal Hunt Drive, Suite 200, Cedar City, UT 84720, Board of Appeals File No. 066 -14: 2. Applicant is seeking Special Permit relief pursuant to Bylaw Sections 139 - 33.A(1) and 139 -7(a) to allow the change of use of a pre- existing nonconforming structure to a residential use. Specifically, applicant is seeking to convert the studio structure to a secondary dwelling. The Locus is situated at 13 West Dover Street, is shown on Assessor's Map 55.4.1 as Parcel 196, and as Lot A on Plan File No. 2014 -93. Evidence of owner's title is recorded at Book 1459, Page 58 on file at the Nantucket County Registry of Deeds. The site is zoned Residential Old Historic (ROH). 3. Our Decision is based upon the application and accompanying materials and representations and testimony received at the public hearing. The Applicant obtained approval for a Secondary Dwelling at the December 8, 2014 Planning Board meeting. The Planning Board noted that the existing parking area serving the main dwelling, measuring 6.75 feet in width and 20.81 feet in length, is dimensionally non - compliant pursuant to Section 139- 18.A(6). The Planning Board recommended that this parking area would have to be enlarged to at least seven (7) feet in width, unless it were determined to be pre- existing nonconforming. One abutter expressed concerns regarding the use of the Town of Nantucket Silver Street parking lot for commercial vehicles. 4. Attorney John B. Brescher represented the applicant at the hearing. The applicant is requesting relief in order to convert the existing studio to a secondary dwelling. Attorney Brescher explained the gradual evolution of the shed into a studio. Locus, as shown on plan entitled "Plan of Land to Accompany a Second Dwelling Application ", dated November 26, 2014, revised December 31, 2014, and prepared by 2 Blackwell & Associates, Inc., ( "Exhibit A "), has a lot area of 5,879 square feet in the ROH zoning district where a minimum lot size of 5,000 square feet is required. The two structures on the lot are a single - family dwelling and a studio. Both of said structures are pre- existing nonconforming with respect to the intensity regulations of the ROH zoning district. The primary dwelling is sited approximately 1.7 feet from the westerly side yard lot line where a minimum five (5) foot side yard setback is required. Said dwelling was constructed prior to the 1972 enactment of the Nantucket Zoning Bylaw. The secondary structure is a studio, which was originally built as a shed in 1970, prior to the 1972 enactment of the Nantucket Zoning Bylaw. This building has remained in substantially the same location since its construction. The existing structure is nonconforming with respect to side and rear yard setbacks, being sited as close as three (3) feet from the easterly side yard lot line and 3.1 feet from the northerly rear yard lot line where minimum five (5) foot side and rear yard setbacks are required. However, the shed was altered and expanded when the side and rear yard setback requirements were three (3) feet. Attorney Brescher described to the Board the history of the structure currently designated as a studio. Per a notation in the Building Department file, the predecessor in title altered the structure by adding a potting shed and a platform deck to the rear. Additional alterations took place in 1975, when the structure was enlarged in the direction of West Dover Street, and again in 1981 with the addition of a second story. The latter alteration is said to have resulted in the functional change of use of the former shed to use as a studio — an accessory use in the ROH district. All of said additions have received final sign -offs from the Building Department and the necessary Certificates of Occupancy have been issued, the most recent of which was dated September 5, 2014. The Applicant is therefore before the Board requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(1)(a) to convert the use of the pre- existing nonconforming studio structure to a secondary dwelling, a use allowed by right in the ROH district, pursuant to Section 139 -7.A. The Applicant is not proposing any alterations to the structure that would alter the configuration or calculation of the ground cover ratio of the structure. 5. Therefore, because the proposed use is allowed by right in the ROH zoning district and there is no change in the footprint of the structure, the requested relief is not substantially more detrimental to the neighborhood than the existing studio use and relief is in harmony with the purpose and intent of the Zoning Bylaw 6. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board GRANTS Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(1) to allow the change in use of the pre- existing nonconforming structure from studio to residential. 5IGNATUREXA E.T.0 FQLLQW 3 Assessor's Map 55.4.1, Parcel 196 13 West Dover Street Residential Old Historic (ROH) Dated: Q 4 C Q M b( 30 20 I q County of Nantucket, ss Book 1459, Page 58 Plan File No. 2014 -93 Lot A Lisa .Botticelli Kerim Koseatac COMMONWEALTH OF MASSACHUSETTS On the 564t' day of DeCeMb-UR , 2014, before me, the undersigned notary public, personally appeared Gi 5N go ♦--}-; CL l l l , 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. of° v v Officiaf Signature and Seal of Notary Public My commission expires: LYNELL D. VOLLANS Notary Public Commonwealth of Massachusetts 4 My Commission Expires December 28, 2018 EXHIBIT A m � y O �l/ m I U OO p�0 00Lo C Q Fi V Y Qi 'ornaw ~ICON u) (�ii1y ���^^ V y O vl Q�N N — co o., ~ N ON tnm O ~ 'o w v »F ,,z w wmm�3 U Q, ^ pq of v `t20 _II M wz w -I 'ad '6102 rQ) O v ,= 686 Y6 NV7d 1 1 FBI �— wok a� 509'25'�'E `off l�)t #I g0 t9 • p - O ` Ed E-1 � O Q 5 _ h �3p C o HOHOd Q Cs� m cA CP4 a � a C U V q Goa N0855'S0 "W i-I F�j � 1 W F a 5.00' i o U ] cl 14 N co ■ ■ 5.00 "E m 508'55'50 CHIMNEY 6.59 ' w U K jZ�� �pgN N DECK W 3r \ % W H W EL o LP 54.4 7 �l \ M � W O � G�USETTS svU m m 30 Op J b J m �b Q J O 2� Est. h o xmoa o L!J >- m W ?j co to / LL w g z m ov/i �owwoo LLj w 3 Q � a o