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HomeMy WebLinkAbout02-16 11 Swain StreetFee: $450.00 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 TOWN CLERK APPLICATION NANTUCKET File No. 4041'' 0 42ni3 W., Owner's name(s): Daniel G. Counihan Mailing address:C /O Cohen & Cohen Law PC, PO Box 786, Nantucket, MA 02554 Phone Number: 508- 228 -0337 E- Mail:paul @cohenlegal.net Applicant's name(s): Same Mailing Address: Same Phone Number: Same E -Mail: Same Locus Address: 11 Swain Street Assessor's Map /Parcel: Portion of 42.4.1 / 77 Land Court Plan /Plan Book & Page /Plan File No.: Lot A on Plan No. 2015 -90 Deed Reference /Certificate of Title: Book 1186, Page 296 Zoning District: R -1 Uses on Lot- Commercial: None Yes (describe) Residential: Number of dwellings Duplex Apartments Date of Structure(s): all pre -date 7/72 or Building Permit Numbers: Previous Zoning Board Application Numbers: 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: I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the ins d penalties of perjury. SIGNATURE. Owner rZ * v< i 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:—L/— 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with Town Clerk:_ /_ /_ Mailed:—/—/— I &M_ /_ /_ &_ /_ /_ Hearing(s) held on:—/—/— Opened on /_ /_ Continued to:_ /_ /_ Withdrawn:_ /_ /_ Decision Due By:—/—/— Made:_ /_ /_ Filed w /Town Clerk:_ /_ /_ Mailed:—/—/— 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile Addendum (Special Permit Application 11 Swain Street) Owner /Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By- law Section 139 -33A (1) to allow the dwelling on the Premises to be relocated onto a new foundation with an elevation of 7.4 feet and to allow addition to the dwelling The relocated dwelling and addition thereto will be located no closer to side lot lines than the existing dwelling and maximum ridge elevation of 23.3 feet. The Locus is nonconforming as to minimum lot size containing 4774 square feet, in a district where a minimum lots size of 5000 square feet is required, as to side setbacks with the dwelling being as close as 0.5 feet westerly side lot line and as close as 2.5 feet from easterly side lot line, in a district where the required side setback is 5.0 feet. The Premises is located at 11 Swain Street, Assessor's Map 42.4.1, Parcel 77 (portion). The property is zoned R -1 I own ano Lounty OT IVanLUCKeL, IVIH 11 Swain St uecemger li, LU15 2 4d 1(J5 4,234*19 %,A24:1 j424A 4 :15 42 }41 7 421; 21 j'1j3 1 1 3. j.„�m)c n Aire E unco4nAve s . +s s y 42.4.149 42 4145 4224�14b 42.4.1 47. 4 42 .1 4 4 1b¢ A i 424„143 g .A 4 .4 424,1 72 331 42 427 42,4.1 78 a 7t t „ S ?.4 70 St z ' J r ts. 42.4'1166" C 42 41 =821 42.4.1823 IMF Z'vi5 4 $ r 42.4.182 ' '42,4.182,2 lit / .. 42 41381(' , 42.41125 •fi N % � 42.419 ,1 2 41 5 E LA ✓ 42 4193 3 165.11 �i 5�4'a r'ff'7 tb 7 97 ',Fi 14 tos Property Information y � Property 42.4.1%2077 ID Location 11 SWAIN ST Owner COUNIHAN DANIEL G MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT Town and County of Nantucket, MA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map. o" q ve J W �cmwmgN F S'� d U w a u �o mo to o � �O�/ d G1 � a H N �! ��WS b 53 gul N Jy —j / / 1 aY v'a� z �?zU �i °° °gR °"RJR ° o � yW N ° s °s 3� �� \ � n� m a ^ g e � 0 U a J a °��5 ° <9 w wS°� a Z _W a " �� ,/� ' ✓" - .. p rc rc y<WSq °<�'y�w �o � i� C) z 6 N VVV \ j W W �d dj °ee Z J� �, o a °'6ni bsvai < °m w �m'b m .m ?a Z < _ __ _ c r r r o n BL ]3JBYd VATS dYIV 133d'l5 A4YM5 6! .......... e�" 2 ° J17:Y UI 31 3:N.ON07 2 N AYM3AlBO S11BSA'3 - H �` � N7 Y`N1 313A'7 NO7 d m s W y m N p En 1 I 1 E>r m 9R).OR RA L W 6.4' �y ooy �L z^ O = O s < j W' DAM S" aWdOHd W L .. E Q N U f z O^ v 70�Wa 26.$ F59 0Fq Y �q. Wo W 2 t on, ._ V a 55i . y34 p bYNE U3 VM QEOdOMd W — V, w� 1 M--- -� q x? u a °� W t; N v tli o h IS' � Wya BL W&W I*.,* d✓N 'R L3NL5 NIVMS [i/ 313NJN 07 AYM3ILYO ONBSLU a A'...7 YN1 313 61.7 N 00 V " r S 102722-1- 1196 \\ \ '•\ : \ `\\ \; ��� ; .7 - W. " W o BRICK: WALK arc' - -.MB• O W h W O \ y L': Fo U O m 4 m W J].5' 4 3 V J i ri bid ®at r` .tr �«F O� L L "� _...._ OX CREI ATOP F, h ct LYAVGREiE GAO Q C4 x 4 r 1, 1, z N i 5�; Ao "NT u, Z .6 M yn Z"' W, z zy M ? :To z O tg'l" Ell X, 4� q go " 311 ow El, VAL OLIVER DESIGN Fo BOX 3051 NANTUCKET, MA 02584 O > 0 =I- M M z m o G I DAN COUISTMAN- 11 SWAIN STREET RE, V TO COA 64121 01,107 SCALE: DRAWN BY: VO DATE: 8-12-16 leis _ -- — 1911 _ -- i 0 — _- I� 9! y � � "' I I i M] Milli Oil y tlsyl 4N , I ' IP! I U 0 O >� 0 05 y s � r 9� 0 o g � lei 1/4'et' VAL OLIVER DESIGN DAN COUNIRAN- l I SWAIN STREET SCALE: PO BOX 3051 DRAWN BY: VO NANTUCKET, MA 02584 LIFT ROUSE (F LOOD ZONE) DATE: 8/1/75 r� Town & County Building 16 Broad St TOWN OF NANTUCKET Nantucket, MA 02554 r r��'k BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 EB 16 20-116. Date: February 16, 2016 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 02 -16 Current Owners /Applicant: DANIEL G. COUNIHAN 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 42.4.1, Parcel 77 11 Swain Street Residential -1 (R -1) nFrTCTnN- Book 1186, Page 296 Lot A, Plan 2015 -90 1. At a public hearing of the Nantucket Zoning Board of Appeals held on January 14, 2016 at 1:00 P.M., in the Conference Room, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the application of DANIEL G. COUNIHAN, c/o Cohen & Cohen Law, P.C., PO Box 786, Nantucket, MA 02554, File No. 02 -16: 2. The Applicant is requesting Special Permit relief pursuant to Zoning By -law Section 139- 33.A(1) to allow the alteration of a pre- existing nonconforming dwelling by relocating the building eleven (11) feet closer to the front yard lot line, placing the building on a new higher foundation, and building a small addition to the northwest corner of the dwelling. The dwelling, as so altered, will not increase the pre- existing nonconformities. In addition, a pre- existing nonconforming shed which is currently sited over the westerly lot line will be removed, thus eliminating said nonconformity. The Locus is nonconforming as to lot size and frontage and the dwelling is non - conforming with respect to side yard setbacks. The Locus, an undersized lot of record created pursuant to M.G.L. Chapter 41 Section 81L, is situated at 11 Swain Street (portion), is shown on Assessor's Map 42.4.1 as Parcel 77 (portion), and as Lot A on Plan No. 2015 -90. Evidence of owner's title is recorded at Book 1186, Page 296 on file at the Nantucket County Registry of Deeds. The site is zoned Residential 1 (R -1). 3. Our decision is based upon the application and accompanying materials, and 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. There was no opposition, written or oral, to the application. One abutter requested that there be no exterior work during the summer months. 4. The lot is a pre- existing nonconforming lot pursuant to Zoning By -law Section 139 - 33.A(3), having been created pursuant to Massachusetts General Laws ( "M.G.L. ") Chapter 41, Section 81P, based upon the exception in the clause of M.G.L. Chapter 41, Section 81L for lots containing two or more structures that predate the local adoption of subdivision control in the Town of Nantucket. The Locus is nonconforming as to lot area, containing approximately 4,774 square feet in the Residential 1 (R -1) zoning district which requires a minimum lot area of 5,000 square feet, and as to frontage, having approximately thirty -two (32) feet of frontage on Swain Street where fifty (50) feet of frontage is required. 2 The Locus is shown upon plan entitled, "Proposed Site Plan in Nantucket Massachusetts; Prepared for Daniel G. Counihan", dated November 24, 2015, prepared by Bracken Engineering, Inc., and attached herewith as "Exhibit A ". The lot contains a pre- existing nonconforming dwelling and shed. The dwelling contains 1,280 square feet of ground cover, has an approximate height of 19.1 feet, and is pre- existing nonconforming as to setbacks, being sited as close as .4 feet from the westerly side yard lot line and 2.5 feet from the easterly side yard lot line, where five (5) foot side yard setbacks are required. The forty -eight (48) square foot shed, which shall be removed, straddles the westerly boundary line. 5. As presented to the Board by the Applicant's representative, the Applicant seeks to move the existing dwelling approximately eleven (11) feet southward toward Swain Street. The relocated dwelling will be positioned onto a new foundation with an elevation of 7.4 feet constructed in accordance with the Building Code and flood zone regulations. The new foundation will be a crawl space and slab which raises the first floor of the dwelling above the minimum flood levels and has breakaway panels to allow floodwaters to flow underneath the dwelling. The relocated dwelling and addition thereto will be located no closer to the westerly and easterly side yard lot lines than the existing dwelling. The maximum ridge elevation will be 23.3 feet. A seventy -two (72) square foot addition is proposed at the rear northerly elevation of the dwelling which will extend the non - conforming side yard setback by approximately 2.5 feet but will be no closer to the lot line than the existing .4 feet. 6. Therefore, based upon the foregoing, the Zoning Board of Appeals made a determination that the requested relief by SPECIAL PERMIT may be granted based upon the finding that the proposed work will not be substantially more detrimental to the neighborhood than the existing nonconformities, and for that reason will be in harmony with the general purpose and intent of the Zoning By -law. Specifically, the Board grants the requested relief to allow the relocation of the pre- existing nonconforming dwelling upon a new foundation, the construction of a small conforming addition to the northwest corner of the dwelling, and the removal of the pre- existing nonconforming shed. 7. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested SPECIAL PERMIT relief to allow the dwelling on the Premises to be relocated onto a new foundation and the construction of an addition to the dwelling, subject to the following conditions: a. The pre- existing nonconforming shed straddling the property line in the northwest corner of the locus shall be removed, thus eliminating said nonconformity. However, this shall not prevent construction of a conforming shed on the property in accordance with the provisions of the Zoning Bylaw and the Building Code. b. The proposed work shall be done in substantial accordance with Certificates of Appropriateness Nos. 64121 and 64276 issued by the Nantucket Historic District Commission, as the same may be amended from time to time. C. There shall be no exterior construction between Memorial Day and Labor Day of any given year relative to the construction contemplated under this decision. S G AT F DLL OW 3 Assessor's Map 42.4. 1, Parcel 77 11 Swain Street Residential -1 (R -1) Dated: 2 i ,2016 Nantucket, ss Book 1186, Page 296 Lot A, Plan 2015 -90 6 Geoffrey Thayer /& L Mark Poor COMMONWEALTH OF MASSACHUSETTS On the 1� day of �ebruar y 2016, before me, the undersigned notary public, personally appeared �«rd j�� , 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. Official Signature and Seal o otary Public DORIS C. STRANG My commission expires: t, X2_0 W Notary Public Massachusetts Commission Expires Oct 9. 2020 t�Iat11 t31 . m7m €3 p Q 1� Z w a LLj o J or R w � O Y � ^ 133dl5 N/YMS 61 W ^ L m z W F �A� W O w >r W sg t+ .. 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