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Continued to:_ /_ /_ Withdrawn:_ /_ /_ Decision Due By:—/—/—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
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Property Information
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Property 42.4.1%2077
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Location 11 SWAIN ST
Owner COUNIHAN DANIEL G
MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
Town and County of Nantucket, MA makes no
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VAL OLIVER DESIGN
Fo BOX 3051
NANTUCKET, MA 02584
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DAN COUISTMAN- 11 SWAIN STREET
RE, V TO COA 64121
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DATE: 8-12-16
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NANTUCKET, MA 02584 LIFT ROUSE (F LOOD ZONE)
DATE: 8/1/75
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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
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