HomeMy WebLinkAbout069-14 14 Easy StreetRCECEWED
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
ning 8 -^.7d of App(
NOV 17 2014
i
RECEIVED
APPLICATION OW
Fee: $450.00 File No.
Owner's name(s):_Deborah Killen Lothian Tr., Lobster Pot Nominee Trust, U/D /T
dated 10/17/94, Document 66213
Mailing address: c/o Cohen & Cohen Law PC
Phone Number: 508- 228 -0337 E- Mail:_ Steven@CohenLegal.net
Applicant's name(s): Jonathan Raith (or nominee)
Mailing Address: Post Office Box 786, Nantucket, MA 02554
Phone Number:-508-228-0337 E- Mail:_ StevenP,CohenLe a l.net
Locus Address: 14 East Street Assessor's Map/Parcel: 42.3.1 -13
Deed: COT16514
Zoning District: CDT
LC Plan: Lot B1 on LC Plan 7301 -C, Lot A on LC Plan 7301 -B and a 3rd parcel
described in COT 1189 and shown on LC Plan 7301 -B
Uses on Lot - Commercial: See attached Residential: See attached
Date of Structure(s): 1930 with 1960's additions.
Building Permit Numbers: 10477 -93 (shingle), 12677 -95 (repairs), 13727 -96 new
windows), and 149 -12 (shingle).
Previous Zoning Board Application Numbers: 57 -14
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 325 -4150 telephone 508 - 228 -7298 facsimile
Relief applied for:
The locus, 14 Easy Street, is a dimensionally conforming lot of 4,522 + /- SF in the
Commercial Downtown (CDT) Zoning District. Applicant recently applied to the Zoning Board
of Appeals, File 57 -14, for a Special Permit related to a proposed partial demolition and alteration
of the existing 2 -story mixed use structure, and a change of use. A portion of this relief, granted
under sectionl39- 17.C(5), allows the Applicant to increase the height of the structure to as
high as thirty -two (32) feet. This height alteration was requested so that the Applicant
could meet flood zone requirements. At the initial ZBA hearing, the Application lowered
the requested height allowance from 35 feet to 32 feet because he was advised by his
engineer that he would be able to absorb a portion of the height increase with a
waterproofed basement. However, with the Historic District Commission plans now
approved, it has become apparent that the Applicant will not be able to absorb that much
of the height as previously thought. To keep the historically appropriate window size and
placement, and to meet other code requirements, the Applicant will end up with windows
that are only 4 inches above the floor on the first level. Applicant now seek relief for a
height of 33 feet to regularize this issue.
I certify that the information contained herein is substantially complete and true to the
best of my knowledge, under he pains and penalties of perjury.
SIGNATURE: '�--- �M�
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:—/—/—
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 325 -4150 telephone 508 - 228 -7298 facsimile
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Property Information
Property ID 42.3.1 13
Location 14 EASY ST
Owner LOTHIAN DEBORAH K
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MAP FOR REFERENCE ONLY
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 July, 2014
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TOWN OF NANTUCKET
BOARD OF APPEALS
RECEI'VE D
- r-; -C 17 Pn 2
NANTUCKET, MASSACHUSETTS 02554 --ii' i UCKET TOWN CL
Date: December 17, 2014
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No
69 -14
Current Owner: DEBORAH KILLEN LOTHIAN, TR., of the LOBSTER POT
NOMINEE TRUST (u /d /t dated October 17, 1994 and
registered as Document No. 66213)
Applicant / Contract Purchaser: JONATHAN RAITH
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 42.3.1, Parcel 13
14 Easy Street
Commercial Downtown (CDT)
DECISION:
Certificate of Title No. 16514
Lot B1; Land Court Plan 7301 -C
Lot A; Land Court Plan 7301 -B
Parcel east of Easy St.; Land Court Plan 7301 -B
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday,
December 11, 2014, at 1:00 P.M., 4 Fairgrounds Road, Nantucket, Massachusetts, the
Board made the following decision on the application of JONATHAN RAITH, as
contract purchaser of 14 Easy Street from the owner, DEBORAH KILLEN
LOTHIAN, TR., of the LOBSTER POT NOMINEE TRUST (u/d/t dated October 17,
1994 and registered as Document No. 66213), c/o Cohen & Cohen, Law PC, 34 Main
Street, P.O. Box 786, Nantucket, MA 02554, File No. 69 -14:
2. Applicant is requesting Modification of prior Special Permit relief granted
pursuant to Zoning Bylaw Section 139- 17.C(5) in order to allow the elevation of the
structure to meet building code requirements applied in coastal flood zones. Applicant
seeks to alter the previously approved maximum height allowance from thirty -two (32)
to thirty-three (33) feet in order to keep the historically appropriate window size and
placement and to meet other code requirements. The Locus is situated at 14 Easy Street,
is shown on Nantucket Tax Assessor's Map 42.3.1 as Parcel 13, as Lot B 1 on Land Court
Plan 7301 -C and Lot A and a parcel of land lying east of Easy Street as shown on Land
Court Plan 7301 -B. Evidence of owner's title is registered as Certificate of Title No.
16514 in the Nantucket County District of the Land Court. The site is zoned Commercial
Downtown (CDT).
The locus is a dimensionally conforming lot with an area of approximately 4,522 square
feet in the CDT zoning district where minimum lot size is 3,750 square feet. The locus
contains a two story structure of approximately 2,032 square feet, resulting in a 44.9%
Ground Cover Ratio where 75% is allowed. The rear of the structure is as close as 4.4
square feet from the rear lot line, where a five (5) foot setback is required. However, this
nonconformity pre -dates the adoption of the Nantucket Zoning Bylaw. The locus also
contains a slight encroachment of the shed from the abutting property to the north, which
is over the property line.
2
3. Attorney Steven Cohen represented the Applicant at the hearing. Attorney Cohen
explained to the Board the history of the premises, the relief previously granted, the relief
being sought now, and the applicability of Special Permit relief to this situation. The
Zoning Board of Appeals had, at its October 9, 2014, meeting, granted Special Permit
relief for several issues, including relief pursuant to Section 139- 17.C(5) to increase the
allowable height of the structure to up to thirty-two (32) feet (less than the 35 feet
originally sought in the written application, based on a request by the Applicant at the
hearing for such relief). At this time, Attorney Cohen requested that the Board of
Appeals amend its prior decision (File No. 57 -14, registered with Nantucket County
District of the Land Court as Document No. 146555) to increase the allowable height of
the structure to be up to thirty -three (33) feet, as defined by the bylaw, based on more
current engineering and design information related to flood and building code
requirements.
4. Our decision is based upon the application and accompanying materials,
representations, and testimony received at our public hearing. There was no Planning
Board recommendation on the basis that no matters of planning concern were presented.
The Board finds that the height of greater than thirty (30) feet is justified pursuant to
Section 139- 17.C(5) by the necessity to preserve the historic portion of the structure, is
complementary and appropriate for the scale of the structures in the area, as may be
approved by the Historic District Commission, and is not detrimental to the adjoining
properties.
5. Accordingly, by a UNANIMOUS vote of the sitting five member Board, the
Board of Appeals grants MODIFICATION of relief by SPECIAL PERMIT in order to
amend the maximum allowable height granted in condition "b" of section 6 of the
existing permit, upon the following conditions:
a) The height of the structure shall not exceed thirty three (33) feet,
as defined by the Bylaw;
(b) Except as herein modified, the relief granted by this
Board in the prior Decision (File No. 57 -14) remains in full
force and effect.
SIGNATURE PAGE TO,FOLLOW
3
Assessor's Map 42.3. 1, Parcel 13
14 Easy Street
Commercial Downtown (CDT)
Dated: btctmw 1�, i0 t q
Certificate of Title No. 16514
Lot BI; Land Court Plan 7301 -C
Lot A; Land Court Plan 7301 -B
Parcel east of Easy St.; Land Court Plan 7301 -13
if- P
Lisa Botticelli
erim Koseatac
M rk Poor
Susan McCarthy
G offrey Thayer
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. D16 WthLX 1 +; u I `i
On this day of 1 r1d 201q before me, the undersigned Notary Public,
personally appeared p oL -C� , who is personally
known to me, and who is the person w se name is signed on the preceding or attached
document, and who acknowledged to me that he /she signed it voluntarily for its stated
purpose.
ftj.v a V4j4Vr----
Notary P blic:
My commission fires: D Notary VOL
* o4ary Publlic ic
Commonwealih of Massachusetts
"M My Commission Expires
December 28, 2018 4
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
MEMORANDUM
Date: January 20, 2015
To: Town Clerk
From: Eleanor Weller Antonietti, Zoning Administrator
Re: Zoning Board Decision #69 -14 — MODIFICATION
The above referenced ZBA Decision regarding 14 Easy Street, filed with the Town
Clerk on December 17, 2014, requires modification to reflect a transfer of ownership
from the owner at the time of the filing.
The corrected pages are filed herewith. This minor modification will neither effect the
content of the relief contained in the decision nor the completed appeal period. Please
attach these pages to the existing Decision so that it may be recorded in its entirety.
Thank you.
Eleanor W. Antonietti,
Zoning Administrator
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508 - 228 -7298 facsimile
CD
�o9po�0`�
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Original Date: December 17, 2014
*Correction Date: January 20, 2015
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No:
69 -14
Prior Owner /Applicant: DEBORAH KILLEN LOTHIAN, Tr., LOBSTER POT
NOMINEE TRUST / JONATHAN RAITH (Applicant &
Contract Purchaser)
Current Owner: 14 EASY ST LLC
* SEE CORRECTION ABOVE. The transfer of ownership will not impact the
requirements of the appeal period which began on December 18, 2014, date of
filing with the Town Clerk and was completed on January 6, 2015.
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. An nietti,
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 42.3.1, Parcel 13
14 Easy Street
Commercial Downtown (CDT)
DECISION:
Certificate of Title No. 25500
Lot B 1; Land Court Plan 73 01 -C
Lot A; Land Court Plan 7301 -B
Parcel east of Easy St.; Land Court Plan 7301 -B
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday,
December 11, 2014, at 1:00 P.M., 4 Fairgrounds Road, Nantucket, Massachusetts, the
Board made the following decision on the application of JONATHAN RAITH, as
contract purchaser of 14 Easy Street from the owner, DEBORAH KILLEN
LOTHIAN, TR., of the LOBSTER POT NOMINEE TRUST (u/d/t dated October 17,
1994 and registered as Document No. 66213)1, c/o Cohen & Cohen, Law PC, 34 Main
Street, P.O. Box 786, Nantucket, MA 02554, File No. 69 -14:
2. Applicant is requesting Modification of prior Special Permit relief granted
pursuant to Zoning Bylaw Section 139- 17.C(5) in order to allow the elevation of the
structure to meet building code requirements applied in coastal flood zones. Applicant
seeks to alter the previously approved maximum height allowance from thirty-two (32)
to thirty -three (33) feet in order to keep the historically appropriate window size and
placement and to meet other code requirements. The Locus is situated at 14 Easy Street,
is shown on Nantucket Tax Assessor's Map 42.3.1 as Parcel 13, as Lot B 1 on Land Court
Plan 7301 -C and Lot A and a parcel of land lying east of Easy Street as shown on Land
Court Plan 7301 -B. Evidence of owner's title is registered as Certificate of Title No.
16514 in the Nantucket County District of the Land Court. The site is zoned Commercial
Downtown (CDT).
The locus is a dimensionally conforming lot with an area of approximately 4,522 square
feet in the CDT zoning district where minimum lot size is 3,750 square feet. The locus
contains a two story structure of approximately 2,032 square feet, resulting in a 44.9%
Ground Cover Ratio where 75% is allowed. The rear of the structure is as close as 4.4
square feet from the rear lot line, where a five (5) foot setback is required. However, this
' The property was transferred to 14 EASY ST LLC on January 8, 2015. See Deed registered as Document
No. 146901 on file with the Nantucket Registry of the Land Court.
2
Assessor's Map 42.3. 1, Parcel 13
14 Easy Street
Commercial Downtown (CDT)
Dated: NctrAIg.l( 4, u L q_
Certificate of Title No. a40
Lot B1; Land Court Plan 7301 -C
Lot A; Land Court Plan 7301 -B
Parcel east of Easy St.; Land Court Plan 7301 -B
Lisa Botticelli
erim Koseatac
M& Poor
Susan McCarthy
G offrey Thayer
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. DZCmbk4 ( U I.–(
On this 11 i4*1"(day of ! VOl4before me, the undersigned Notary Public,
personally appeared rqeo T14 Ol, d.4— , who is personally
known to me, and who is the person w se name is signed on the preceding or attached
document, and who acknowledged to me that he /she signed it voluntarily for its stated
purpose.
Notary P blic:
My commission "pires. LYNELL D. VOLLANS
Not' ory _Public
wvrnenonwealih of Mcsscchusetts
Wiy commission Expires
December 28, 2018 4