HomeMy WebLinkAbout13-16 1 Kite Hill LanePLANNING OFFICE
APR 11 2016
REC
Fee: $450.00
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
wvv(t L ieth
Town &County Building
16 Broad St
Nantucket, MA 02554
a
File No. 134
Owner's name(s): Anjonic Real Estate 13 Company, LLP a New York limited
liability partnership with a mailing address in care of Anthony
Colella, GP, 330 E. 43`d Street, #605, New York, NY 10017;
Maureen Dunphy, Trustee of 1 Kite Hill Lane Realty Trust,
u /d /t dated October 23, 2015, of 330 E. 43`d Street, #605, New
York, NY 10017.
Mailing address: SEE ABOVE
Phone Number: 508 - 228 -0771 E -Mail: John @gliddenandglidden.com
Applicant's name(s): Same
Mailing Address:
Phone Number: 508 - 228 -0771 E -Mail: John @gliddenandglidden.com
Locus Address: 1 Kite Hill lane Assessor's Map /Parcel: 42.4.4/63
Deed Reference /Gerti . ate of 41e: Book 1517, Page 231 Zoning District: ROH
Uses on Lot- Commercial: No Yes (describe)
Residential: Number of dwellings: 1 Duplex Apartments
Date of Structure(s): Pre -1972
Building Permit Numbers:
Previous Zoning Board Application Numbers: 31- 15;107 -92
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 pains and penalties of perjury.
SIGNATURE:
SIGNA
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: / J_ Mailed:—/—/-
I &M_ /_ /_ &_ /_ /_ Hearing(s) held on: _ /_ /_ Opened on:
Continued to:_ //_ Withdrawn:_ /_ /_ Decision Due By:_ /_ /_
Made:—/—/— Filed w /Town Clerk:_ /_ /_ Mailed:_ /_/
Exhibit A
The Owner /Applicant, Anjonic Real Estate 13 Company, LLP and Maureen
Dunphy, Trustee of the 1 Kite Hill Lane Realty Trust (hereinafter referred to as
"Anjonic ") is the owner of 1 Kite Hill Lane ( "the Premises ") by virtue of a Deed
recorded in Book 1517, Page 231. Applicant is requesting Special Permit relief pursuant
to Nantucket Zoning Bylaw Section 139- 33.A.(1)(a) in order to alter the pre- existing
nonconforming structure and, to the extent applicable, modify Zoning Board of Appeals
decision number 031 -15.
The Premises is nonconforming with respect to lot area and frontage. The lot, a
lot of record, is undersized for the Residential Old Historic ( "ROH ") zoning district,
having a lot size of 1,787 square feet in a zoning district that requires a minimum lot size
of 5,000 square feet. However, because the lot is a lot of record, the undersized lot is
grandfathered and has preexisting nonconforming status with respect to the intensity
regulations of the Nantucket Zoning Bylaw. The Premises also has less than the required
50 feet of frontage required in the ROH district. Again, because the lot is a lot of record,
this nonconformity has grandfathered status.
The structure upon the Premises, a single - family dwelling with approximately 510
square feet of ground cover, is nonconforming with respect to side and rear yard setbacks.
The structure is sited approximately 1.3 feet from the westerly side yard lot line and 3.0
feet from the easterly side yard lot line in a district that requires a five (5) foot setback.
The structure also violates the rear yard setback requirement by being sited 2.8 feet from
the rear yard lot line at its closest point. There is also a foundation access in the rear yard
setback, but this is not deemed a structure and therefore is not considered a setback
violation. The structure has been sited in its present location since prior to the adoption
of the Zoning Bylaw and the setback violations thereon are considered grandfathered and
have preexisting nonconforming status with respect to the intensity regulations of the
Nantucket Zoning Bylaw.
In Zoning Board of Appeals Decision No. 31 -15, the Board of Appeals granted
relief to the Applicant to alter the pre- existing nonconforming structure by raising the
structure to remove and replace a concrete block foundation and crawl space with a new
finished basement. The basement is over the existing living space of the structure,
including that portion sited within the setbacks. As one of the conditions of approval, the
Board of Appeals required in Paragraph 16(d) of Decision No. 31 -15 that: "There shall
be no further construction involving exterior changes or expansion without further relief
from this Board."
The applicant is before the Board requesting Special Permit relief in order to
expand the basement to beneath the existing porch. This expansion will be entirely
outside of the setbacks and will house a laundry room and a mechanical room.
Therefore, because the proposed alteration does not increase the nonconforming
nature of the lot or structure because the lot area, frontage, and setback intrusions are not
affected as a result of the proposed alteration and because the proposed alteration is
entirely outside of the setbacks, the proposed alteration will not be substantially more
detrimental to the neighborhood than the existing nonconforming structure and Special
Permit relief may be granted and Zoning Board of Appeals Decision No. 31 -15 modified
to allow the Applicant to alter the structure by expanding the basement beneath the front
porch to add a laundry room and mechanical room.
mi -.,, CLASSIFICATION: 32.9,H... EXISTING:
MIN. AREA:.... 5000 . SF'. , • mil, ? SF'., V
MIN. FRONTAGE :... 59. FT.
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Owner: B>� K. KOfriISKlr +l1EU�(DA L..KOm1SKE,
THIS PLOT PLAN WAS PREPARED FOR THE TOWN
OF NANTUCKET BUILDING DEPARTMENT ONLY AND
Deed; HK, HO'7 i,,3 Plan: NONE FOUNT)
SHOULD NOT BE CONSIDERED A PROPERTY LINE
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SURVEY. THIS PLAN SHOULD NOT BE USED TO
ESTABLISH PROPERTY LINES, FENCES, HEDGES OR
Locus: . 01;1 I; _ . , . , , .
ANY ANCILLARY STRUCTURES ON THE PREMISES.
THE PROPERTY
DEEDS ANDPL,ANSEOFSRECORD. EL1' ON CURRENT
BLACKWELL & ASSOCIATES, Ina.
THIS PLOT PLAN 1S NOT A CERTIFICATION AS TO
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TITLE OR OWNERSHIP OF THE PROPERTY SHOWN.
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OWNERS OF ADJOINING PROPERTIES ARE SHOWN
NANTUCKET, MASS. 02664
ACCORDING TO CURRENT ASSE$OR RECORDS.
(608) 228- 9026
ASSESSOR MAP: PARCEL: .63. . •
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Doc: DECISIO 02/01/2016 11:22
4
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCgET, MA 02554
MEMORANDUM
,own V—
Town & County
16 Broad St
Na MuClt , MA 02564
JAN 11 2016 PM2:29
Date: January 11, 2016
To: Town Clerk
From: Eleanor Weller Antonietti, Zoning Administrator
Re: Zoning Board Decision #31 -15-- TECHNICAL CORRECTION
The above referenced ZBA Decision regarding 1 KITE HJU LANE. filed with the Town Clerk on
January 7, 2016, requires minor modification to correct an inadvertent typographical error on Page 6.
The corrected page 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 page to the front of
the existing Decision so that it may be recorded in its entirety. Thank you.
Eleanor W. Anionietti,
Zoning Administrator
COMMONWEALTH OF MASSACHUSETTS
County of Nantucket, ss
On the 11`41 day of ,�aQkAaj, 2016, before me, the undersigned notary public, personally
appeared 1= [v,31' K , 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
instnun.ent voluntarily for purposes therein expressed.
DORIS C. STRAN
' Notuy P*k
ffici Signature an sal of No Public , massidusft
My commission expires:
commission E>�a Del D. 2020
2 Fairgrounds Road Nantucket Maasachuaetts 02554
508 -228 -7215 telephone 508- 228 -7298 facsimile
Bk: 01522 Pg: 148
Town Clerk
Town & County Building
16 Broad St
Nantucket, MA 025 -
TOWN OF NANTUCKET
BOARD OF APPEALS
.IFt A 1 2016 Pm2;49
Town & County Building
16 Broad St
Nantucket, MA 02554
NANTUCKET, MASSACHUSETTS 02554
Date: December 30, 2015
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: X31 -,15..
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 -LAN
SECTION 139 -30 (SPECIAL PERMITS); SECTION 139 -32 (VARIANCES). ANY
QUESTIONS, PLEASE CALL THE NANTUCKET ZONING HOARD OF APPEALS OFFICE AT
508-325-7587.
Bk: 01522 Pg: 149
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket,Massachusetts 02554
Assessor's Map 42.4.4,Parcel 63 Book 1484,Page 185
1 Kite Hill Lane NO PLAN
Residential Old Historic(ROH)
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals ("ZBA"), opened at 1:00
P.M. on Thursday, October 8, 2015, Thursday, November 12, 2015, and closed on Thursday,
December 10,2015, in the Conference Room,at 4 Fairgrounds Road,Nantucket,Massachusetts,
the Board made the following Decision on the application of ANJONIC REAL ESTATE 13
COMPANY, LLP; NOREEN CLARKE'NECINA; ELENA EVANGFLISTA; and
MAUREEN DUNPHY, c o Anthony Colella, GP, 330 East 43`I Street,#605, New York, New
York, 10017,File No.31-15.*:
* See also ZBA Decision File No.30-15 granted to BENJAMIN M.MCGRATH&LINDA
B.MCGRATH and DAVID B.DILLARD&ANNA-KARIN DILLARD,as APPELLANTS,do
Reade, Guullicksen, Hanley, & Gifford, LLP, 6 Young's Way, Post Office Box 2669, Nantucket,
Massachusetts 02584. This decision upheld an appeal of Zoning Administrator Decision File 15-15
granted to Anjonic Real Estate 13 Company, LLP et al, pursuant to Zoning By-law Sections 139-
29.C(3)and 139-31 and M.G.L.,c.40A, Section 8.Appellants were further granted a determination that
the proposed project to alter a pre-existing nonconforming structure requires a Special Permit and
pursuant to Section 139-33 and M.G.L.,c.40A,Section 6.
2. Applicant requests special permit relief pursuant to Zoning By-law Section 139-33.A(1)
in order to alter the pre-existing nonconforming dwelling. The structure is sited within the side
and rear yard setbacks. The work consists of raising the structure, removing the existing
foundation and an access to the crawl space, installing a full basement, lowering the structure
back down onto a new poured concrete foundation, and adding three window wells. The Locus,
an undersized lot of record,is situated at 1 Kite Hill Lane,is shown on Nantucket Tax Assessor's
Map 42.4.4 as Parcel 63. Evidence of owner's title is in Book 1484, Page 185 on file at the
Nantucket County Registry of Deeds.The property is zoned Residential Old Historic(ROH).
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. Opposition,
both written and oral,was presented at the public hearing.
4. Attorney John B. Breseher represented the applicant at all three hearings. Additional
testimony regarding this project in favor of the application was received from Maureen Dunphy
2
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(partial owner), Frank Daily (General Contractor), Thornewill Design LLC (Architect), and
Stephen J.Goan(Structural Engineer).
5. At the initial hearing on October 8, 2015, attorneys for both the Appellant in the above-
referenced appeal and the Applicant agreed to open the related hearings for ZBA Application File
Nos. 30-15 and 31-15. The Board found that, in consideration of testimony given in ZBA File
No. 30-15 ,No. 31-15, the decision of the Zoning Administrator should be overturned. The
Board made a simultaneous and related determination that the Applicant's proposed project
requires relief by Special Permit pursuant to Nantucket Zoning By-law Section 139-33 and
M.G.L., c. 40A, Section 6, to be considered at a regularly scheduled and duly noticed Public
Hearing in order to allow all abutters and neighbors to have the opportunity to present evidence
as to additional matters of concern regarding the standard of substantial detriment to the
neighborhood from the proposed work,which it was and was subsequently opened on Thursday
October 8, 2015. Therefore, ZBA Application File No. 31-15 remained open pending further
testimony.
6. The Locus, as shown on plan entitled, "Building Location Plan of Land in Nantucket,
Mass.",dated June 15, 1993,prepared by Blackwell&Associates,Inc.,and attached herewith as
"Exhibit A", is an undersized lot of record having an approximate lot area of 1,787 square feet in
the Residential Old Historic (ROB) zoning district which requires a minimum lot size of 5,000
square feet. The locus is also pre-existing nonconforming as to frontage, having 31.51 feet of
frontage on Kite Hill Lane (s/k/a Sunset Hill Avenue)where minimum required frontage is fifty
(50)feet.
The premises are improved with a 510 square foot dwelling, having an existing ground cover
ratio of 28.5% where a maximum of 50% is allowed. The structure, said to pre-exist the local
adoption of the zoning by-law in 1972, is pre-existing nonconforming as to side and rear yard
setbacks, being sited as close as 1.3 feet from the westerly side yard Iot line,three (3) feet from
the easterly side yard lot line, and 2.8 feet from the northerly rear yard lot line, where five (5)
foot side and rear yard setbacks are required. There is one available parking space on the lot in
compliance with requirement of 139-I8.B for the ROH zoning district.
7. As explained by Attorney Brescher, the Applicant proposes to alter the pre-existing
nonconforming dwelling. The work consists of raising the structure to remove and replace a
concrete block foundation and crawl space with a new finished basement to contain up to two
new bedrooms, a new parged foundation, and three basement window wells, two (2) on the
north elevation and one (1), intended to provide egress, on the west elevation of the dwelling.
(The Board was reminded that window wells have traditionally been treated as retaining walls
and the Building Department has historically exempted them from being considered with regards
to setbacks as they are not a"structure".) The structure will be set back down on a new poured
concrete foundation without any change to its footprint or its height.
Additional exterior alterations, which do not require relief from this Board, consist of adding
windows, siting a "BILCO" bulkhead access beneath the porch, and a new front porch door.
While some of said work will be done within the required five (5) foot side and rear yard
setbacks, the proposed alterations will be no closer to the side or rear yard lot lines than the
3
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existing structure and, as such, will not result in an increase to the pre-existing non-conforming
side and rear yard setback intrusions, and will not create any new nonconformities. The project
benefits from Nantucket Historic District Commission approval by virtue of Certificate of
•
Appropriateness No. 64067,as the same may be amended from time to time.
8. Over the course of the three hearings, the Board heard substantial opposition to the
project. Along with counsel for the Appellants, several abutters — many of whom had also
submitted written opposition—appeared at the hearing to express various concerns related to the
impact on the neighborhood.Further Testimony was received from an engineer and a consulting
excavating contractor.
Those expressing concerns collectively maintained that substantial site constraints inevitably
impact the construction methodology and best practices must be incorporated and adhered to
throughout the construction process. The principal contention was that the proposed alterations
would be substantially more detrimental to the neighborhood than the existing nonconformities
because 1)they could potentially cause damage to the adjacent lot and the structures thereon; 2)
they would increase the existing nonconformity by increasing the massing of the structure within
the nonconforming setback area; 3)an intensification of use by doubling the sleeping capacity of
a very small house on a very small lot would overburden the Locus and the narrow roadway;
and 4) the lack of adequate access for construction machinery and vehicles via Kite Hill Lane
which is too narrow to accommodate such vehicles and parking thereon. (Kite Hill Lane is an
easement which is a portion of the land known as 5 Kite Hill Lane.)
9. Carl Jelleme of Toscana Corp., a consultant for the abutters, explained how the
foundation would have to be constructed in order to avoid structural damage to neighboring
properties. According to him, under the originally proposed construction methodology, they
would have to over-excavate onto the neighbors' property (involving their approval), with
underpinning of the existing foundation to avoid any disturbance to adjacent lots. An earth
retention system would be needed to drive steel sheathing—which could be a serious challenge
with this Locus. He also stated that a preconstruction survey of every structure within two
hundred (200) feet should be obtained to better monitor any impact on adjacent lots during
construction.
10. John Stover, Professional Engineer and consultant for the abutters, expressed concerns
regarding the impact of driving piles. Specifically, he maintained that this process could
consolidate and destabilize soils in such a way as to cause a damaging effect on buildings within
twenty (20) feet. He strongly urged the Board to require geotechnical engineering assessment of
the site and soil testing.
11. Numerous representatives for the applicant assured the Board that best practices would
be consistently and reliably applied with this renovation project. More specifically, construction
vehicles would be parked on the premises or off site and not on Kite Hill Lane. The Applicant
acknowledged the neighborhood concerns regarding access and the potential for the foundation
work to have a negative impact on surrounding structures. In an effort to mitigate the alleged
intensification of use, the applicant reduced the number of proposed bedrooms in the basement
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from two to one. It was further explained that the work will be done according to all applicable
building code regulations, and that the contact information of the site manager and General
Contractor will be given to all neighbors.
12. The Board established that the work that will be done, if not done very carefully, will
have a substantial and potentially detrimental impact on the neighborhood.With that in mind,the
Board requested that the applicant submit a thorough engineering survey and adequate
documentation of the manner in which the work will proceed. After substantial discussion, the
applicant agreed to provide a detailed Construction Methodology and corresponding
documentation in order that the Board may further evaluate and review the establishment of best
practices in terms of structural engineering.
13. At the third and final hearing on December 10,2015,the Board reviewed the revised and
refined Construction Methodology and corresponding engineering plans submitted,as requested,
by the Applicant. Testimony was received from Structural Engineer, Stephen J. Goan, as
consultant to the Applicant. Mr. Goan responded to recommendations made by consultants for
the opposition and explained in detail the site preparation,excavation,installation of the concrete
forms and the underpinning of the foundation. The applicant elected to use the underpinning
method of construction rather than the sheet piling.
14. As explained by Mr. Goan,the dwelling is a small light building which readily allows for
underpinning in 3-foot sections. This gradual process is designed to mitigate any undue negative
impact on adjacent buildings and properties. The structure on the adjacent property is
approximately twelve (12) feet away from the subject structure. The basement is clear of the
eight(8)foot"line of influence".The approximate effect around the building is at most three(3)
feet The porch will be taken out on the bottom level.The front foundation wall will be cut out to
enable a gradual excavation. Concrete will be pumped in 3-foot sections as a continuous pour,
with trenches in a various locations.There will be no sheet piling.
Mr. Goan adding that hiring a geotechnical engineer is not a standard requirement with a
residential project. As to the recommendation to conduct soil tests, test pits and soil borings
examine subsurface conditions, this is done with a boring rig and a vibratory hammer whereby
the number of blows per foot is the basis for calculations. The vibrations resulting from this
process could reverberate to the structures on the adjacent lots.The applicant is seeking to avoid
such potentially damaging vibrations.
15. Based upon the testimony received at the hearings, the site plan, the Construction
Methodology and related Engineering Plan, the Zoning Board of Appeals made a determination
that the requested relief may be granted based upon the findings that the proposed project will not
make the existing nonconforming setback distances more nonconforming and will not be
substantially more detrimental to the neighborhood than the existing nonconforniities,provided
that the detailed the Construction Methodology is strictly adhered to so as to avoid both any
damage to neighboring properties and any negative impact on the neighborhood. Furthermore,
the Board acknowledged that they have no jurisdiction relative to the number of bedrooms on the
5
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SEE replacement page with correction,
,perty because the residential use (e.g., the becrooms for a single-family dwelling) are an
— - .ed-use in-the ROH zoning district -
16. • •rdingly,by a MAJORITY vote(four in favor and one opposed)of the sitting ' •ard,
the • _ :oard of Appeals GRANTS the requested relief by SPECIAL PERMIT ' . :it to
Zoning By- Section 139-33.A(1)in order to Mar the pre-existing nonconf. ' _ dwelling
upon a pre-e•. '•: nonconfomung lot The relief i t conditioned upon the folio :•
a. The proposed alterations and expansion shall be •• in substantial
,nformity with the plans approved in con} • ;• with Nantucket
•ric District Commissioi Certificate of Appro•,' • ess No.64067,as
the a maybe amended film time to time;
b. The shall be dot e in accordan with the Construction
Methodol•. and Engineeri►g Plans, : . • •herewith as"Exhibit B";
c. There will be • more than%me •-•s •••' in the new finished basement as
shown on base t,-. floor plms, -• herewith as`Exhibit C";
d. There shall be no •• , er • .. ;on involving exterior changes or
expansion with further - is this Board;
e. The General Contractor . • ger, and/or Construction Supervisor
will provide all • • .011. ''on to the Zoning Administrator and any
abutters who requ ;
f. Kite Hill Lane ii not be used for ,• •.• of construction vehicles or
vehicles belt),U ,:to peopb working on a site.
g. There sb; be no exterior .onstruction be ' - Memorial Day and Labor
Day o ty given year restive to constructio contemplated under this
•n.
SIGNAATUR PA.„_,D,TO EQU4Qly
6
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property because the residential use (e.g., the bedrooms for a single-family dwelling) are an
allowed use in the ROH zoning district.
16. Accordingly, by a MAJORITY vote (four in favor and one opposed) of the sitting Board,
the Zoning Board of Appeals GRANTS the requested relief by SPECIAL PERMIT pursuant to
Zoning By-law Section 139-33.A(1) in order to alter the pre-existing nonconforming dwelling
upon a pre-existing nonconforming lot.The relief is conditioned upon the following:
a. The proposed alterations and expansion shall be done in substantial
conformity with the plans approved in conjunction with Nantucket
Historic District Commission Certificate of Appropriateness No.64067, as
the same may be amended from time to time;
b. The project shall be done in accordance with the Construction
Methodology and Engineering Plans,attached herewith as"Exhibit B";
c. There will be no more than one bedroom in the new finished basement as
shown on basement floor plans,attached herewith as"Exhibit C";
d. There shall be no further construction involving exterior changes or
expansion with without' further relief from this Board;
e. The General Contractor. Site Manager, and/or Construction Supervisor
will provide all contact information to the Zoning Administrator and any
abutters who request it;
f. Kite Hill Lane will not be used for parking of construction vehicles or
vehicles belonging to people working on the site.
There shall be no exterior construction between Memorial Day and Labor
Day of any given year relative to construction contemplated under this
decision.
SIGNATURE PAGE TO FOLLQW
Correction of typographical error made by Eleanor Weller Antonietti,Zoning Administrator,on January I I,2016.
6
Bk: 01522 Pg: 155
Assessor's Map 42.4.4,Parcel 63 Book 1484,Page 185
1 Kite Hill Lane NO PLAN
Residential Old Historic(ROH)
Dated: 12 30 1,2015
eliii
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' ig. 40
Lisa Bottice
Michael J. O M:
I CERTIFY THAT it DAYS RAVE ELAPSED AFTER
THE DECISION WAS HIED IN THE OFFICFLOF THE
TOWN CLERY,;AND THAT NO.APPEAL HAS BEEN. . I 4(2(- ----"----
FILED,fRSUANTTOSENERAL LAWS 40A,SECilON U. 'Koseatac(opposed)
1:1:1; C;-2?4"-egg,..9,X WN CLERK
Susan McCarthy
rt7 to 1 2415\ ATTEST:ATRUE COPY
COMMONWEALTH OF MASSACHUSETTS 9
County of Nantucket,ss NANTUCKET TOWN CLERK
On the ,y)'ll. day orD ZCQYf r , 2015, before me, the undersigned notary public, •
•
personally appeared Loa ►etJ), ,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 ho
signecrthe foregoing instrument voluntarily for the purposes therein expressed.
, ,i A j'. /(ff.f J _.�..�. ; •
O is Signature and Seal of N r Public ; ovals C.STRANG
My commission expires: 14100 WV, _ eaKY Putdlo
�../ Muacbnsettr<
._ Commission Expires Oct 9.2020 ,
7
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EXJHBIT 13,
CONSTRUCTION METHODOLOGY
i Kite Hill Lane
ZBA Application—File No. 31-15.
An UNDERPINNED FOUNDATION will include the following measures:
• Protect the common way with the use of heavy planting;
• Remove necessary landscaping material from the front of the property;
• Removing existing front porch;
• Create opening in foundation wall for access;
• Excavate no more than 3 feet wide sections under existing foundation to be spaced 3 feet
apart from each other;
• Pour footings in new excavation;
• Install forms at the inside face of the foundation wall;
• Block in new foundation from new footing to existing foundation;
• After the first sections of foundation are complete, split the span of remaining existing
foundation and repeat the process until completion;
• Underpinning will extend approximately 4 inches inside the existing foundation wall. If
there is a footing, the inside will be removed (sawcut off) prior to underpinning in order
to minimize intrusion into the existing basement;
• The interior of the foundation space will then be excavated to full height; •
• A one sided form will be built and a foundation wall will be poured on the interior to
connect the existing foundation to the new lower foundation and create a monolithic
structure.
• INADDITI4�!
• There will be no vibrating of sheet or shoring materials;
• There will be no exterior sheet piling;
• The exterior dimension of the foundation will remain as they currently are;
• Access to Kite Hill Lane will remain open;
• All construction vehicles will be parked either on-site or along West Chester Street, •
Centre Street,or Cliff Road;
• If Kite Hill Lane needs to be temporarily blocked, ample notification will be given to
abutters(at least 48 hours in advance);
• During times of temporary blockage to Kite Hill Lane, Public Safety vehicles will have
access to all homes on Kite Hill Lane in case of life and safety issues;
• No disturbance to the abutters electrical, sewer, water, or internet service is foreseen. If
any issue arises, all abutters affected will be notified and the cost will be the
responsibility of the contractor;
• There will be no impact on neighboring foundations,because the existing foundation is at
the same level as the foundation of the surrounding properties;
• Contractor will be available to abutters via phone,email,or on site meeting;
• No exterior construction will be done between Memorial Day and Labor Day of any year
of this project.
•
Bk: 01522 Pg: 158
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"EXHIBIT C"
•
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• spoicy�,r TOWN OF NANTUCKET
`
3 �
• • BOARD OF APPEALS •
1
Cc k
Athol.' - NANTUCKET, MASSACHUSETTS 02554
•
Date: December , 1992
To: Parties in Interest and. Otners concerned with the
Decision of the BOARD OF APPEALS in the Application of the - ,
following: •
Application No.: 107-92 ,
Owner/Applicant: BRUCE AND MELINDA KOMISKE
•
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. Drought 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.
Calk Cl) C,L.&Aa
Dale W. Waine
Chairman ..--,,,,.
cc: Town Clerk .
Planning Board .
Building Commissioner
•
•
.
•
•
•
•
•
BOOKULIUWACE 051
• • ZONING BOARD OF APPEALS
3 South Beach Street
• Nantucket, 'Mass. 02554 ,
• Map 42-2-2 1 Kite Hill Lane
Parcel 63 116/246
ROH
•
• At a Public Hearing of the ZoningBoard. of Appeals held at
• 1:00 P.M.,. Monday, December 14, 1992, in the Town and County .
Building, Broad Street, Nantucket, Massachusetts', on the
• Application of BRUCE and MELINDA KOMISKE, 3 Reliance Drive,
Bristol, Rhode Island 02809, Board of Appeals File No. 107-92,
the Board made the following DECISION:
1. Applicants are seeking relief by Special Permit under §139-
• 33A to allow, alteration and -extension of a dwelling which is said
• to be nonconforming. The structure does not comply with the
Bylaw requirements for side and rear yard setbacks, and is a
' residential use on a lot with less than the required area and
frontage. The building is 1.3± feet from one side lot line, 3.0±
• feet from the other side lot line, and 2.8± feet from the rear
lot line; a minimum 5 foot side and rear setback is required in
the district. The lot•contains 1,787± S.F. and abuts Kite Hill
Lane for a distance of 31.51± feet. A minimum lot area of 5,000
( S.F. with 50 feet• of frontage is required in the district.
Applicants plan to add a porch to the front of the building and
dormers on the second floor. Some of the proposed work, adding
dormers to the second floor, will be on'the portions of the
structure which encroach on the setbacks. The premises are •
located at 1 RITE HILL LANE, Assessor's Map 42.4.4, parcel 63.
• The property is zoned ROH.
2. The Decision is based upon the Application and materials
submitted with it, the testimony and evidence presented at the
• • Hearing, and no recommendation from the Planning Board.
3. The Applicant presented an explanation of the proposed
•
alterations, all of which will be within the current footprint of
the building.
• 4. The changes proposed include adding dormers to the second
floor of the building and a new porch to the front of the
structure.
5. Some of the proposed work, specifically the dormer
additions, will be within the area of the setback encroachments,
but will not further encroach on that area. •
• 6. The front porch will be entirely outside 'of any setback
area.
•
7. By a vote .of 4-0-1 (Waine, Williams, O'Mara, and Angelastro
in favor, Leichter abstaining) the Board finds that the proposed
•
•
•
•
•
•
•
•
•
I001O406,u(V5i2
Application No. 107-92 • DECISION
• alterations neither intensify any existing noncOnforeities nor .
add any new ones, and GRANTS the relief requested by special
i Permit under 0139-33A to allow the alteration and extension of .
the structure as proposed, subject to the following conditiontr
A. The work shall be done substantially in conforaity with the
plans as approved by the Historic District Commission in
• Application No. 23,615.
Dater, 4-(p/1772 l Li 1 ' •.
•
kü 'th -
5:-.6.64mo. . .
Linda F. Williams l 1/111/7•ch ✓/ .
Michas .,Mara • 'chael Angelastro/
I .
•
. I11 .'•lti ( 9q/A ' •
Pu . o , r L .
•
• 1 CERTIFY THAT 20 DAYS HAVt-EtAPjED AI TEN INACSION •
WAS FTEEURT THE EM1iCTuYIig
1[iNCI.E,TICANV!AT
NDAPPEM10 2.,K.R.;11 EA2
a. 1 4o A SEC1 . 4- •
•
•
•
•
•
+ JAN 121993
9:23 401
. • NANTUCKET COUNTY EMIOM If CNADMACK
i i • RECD ENTERED • ATTEST REGISTER
•. 2 .
•
I'
• •
•
•
•
•
•
q £2 RECEIVED
BOARD OF ASSESSORS
APR 072016
Town of Nantucket TOWN OF
NANTUCKET, MA
Zoning Board of Appeals
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER
MAILING ADDRESS ` '
1
PROPERTY LOCATION �� 4t '
=i I ;
ASSESSOR MAP/PARCEL
M1s 1
SUBMITTED BY 1. ,�`
SEE ATTACHED PAGES
I certify that the foregoing is a list of all persons who are owners of abutting
property, owners of land directly opposite on any public or private street or way;
and abutters of the abutters and all other land owners within 300 feet of the
property line of owner's property, as they appear on the most recent applicable tax
list(M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139-29B
(2).
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Town Clerk
Town & County Building
16 Broad St
32��,pHTUCk Nantucket, MA 02554
% �� iU CLERK
yc�9''°flAj�°��� TOWN OF NANTUCKET NANTucKET
BOARD OF APPEALS ;;,,^ 3 �Y,`:7 ,
v
NANTUCKET, MASSACHUSETTS 02554
//
Date: June 9, 2016
To : Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 13-16
Current Owners /Applicant: ANJONIC REAL ESTATE 13 COMPANY, LLP &
MAUREEN DUNPHY, TRUSTEE OF 1 KITE HILL LANE REALTY TRUST
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 .
/7-24-e:
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 42.4.4, Parcel 63 Book 1484, Page 185
1 Kite Hill Lane Book 1517, Page 231
Residential Old Historic (ROH) NO PLAN
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals held on Thursday, May 11,
2016 at 11:00 A.M., in the Conference Room, at 4 Fairgrounds Road,Nantucket, Massachusetts,
the Board made the following Decision on the application of ANJONIC REAL ESTATE 13
COMPANY, LLP and MAUREEN DUNPHY as TRUSTEE OF ONE KITE HILL LANE
REALTY TRUST, do Anthony Colella, GP, 330 East 43`d Street, #605,New York,New York,
10017, File No. 13-16:
2. Applicant requests special permit relief pursuant to Zoning By-law Section 139-33.A to
alter the pre-existing nonconforming dwelling and,to the extent applicable, Modification of prior
Special Permit relief in order to expand the basement beneath the existing front porch. The pre-
' existing nonconforming side and rear yard setbacks will remain unchanged. The Locus is situated
at 1 Kite Hill Lane, is shown on Nantucket Tax Assessor's Map 42.4.4 as Parcel 63. Evidence of
owners' title is in Book 1484, Page 185 and Book 1517, Page 231 on file at the Nantucket
County Registry of Deeds. The property is zoned Residential Old Historic (ROH).
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 and oral, presented at the public hearing.
4. Attorney John B. Brescher represented the applicant at the hearing. The Locus, as shown
on plan entitled, "Building Location Plan of Land in Nantucket, Mass.", dated June 15, 1993,
prepared by Blackwell & Associates, Inc., and submitted with prior Special Permit as "Exhibit
A", is an undersized lot of record having an approximate lot area of 1,787 square feet in the
Residential Old Historic (ROH) zoning district which requires a minimum lot size of 5,000
square feet. The locus is also pre-existing nonconforming as to frontage, having 31.51 feet of
frontage on Kite Hill Lane (s/k/a Sunset Hill Avenue) where minimum required frontage is fifty
(50) feet.
The premises are improved with a 510 square foot dwelling, having an existing ground cover
ratio of 28.5% where a maximum of 50% is allowed. The structure, said to pre-exist the local
adoption of the zoning by-law in 1972, is pre-existing nonconforming as to side and rear yard
2
, ..
setbacks, being sited as close as 1.3 feet from the westerly side yard lot line, three (3) feet from
the easterly side yard lot line, and 2.8 feet from the northerly rear yard lot line, where five (5)
foot side and rear yard setbacks are required. There is one available parking space on the lot in
compliance with requirement of 139-18.B for the ROH zoning district.
5. As explained by Attorney Brescher, the applicant is returning before the Board to seek
approval for a fairly minor modification to the original Special Permit, granted in late 2015, or,to
the extent necessary, new Special Permit relief. The previous proposed alterations remain
unchanged with the exception of expansion of the basement beneath an existing front porch to
house mechanicals and a laundry room — therefore, non-habitable space. Furthermore, this
proposed alteration is entirely outside of the pre-existing nonconforming side yard setback
intrusions, there will be no change in ground cover, no additional living space is being created,
and the applicant will use the same construction methodology as presented in matter of prior
Special Permit Application.
6. Therefore, after a discussion with the Applicant, the Board finds that modifying prior
Special Permit relief granted pursuant to By-Law Section 139-33.A to allow a further alteration
to the pre-existing nonconforming structure by expanding the basement beneath the front porch
to house a mechanical room and washer and dryer, would be both consistent with the 2015
Decision and in harmony with the general purposes and intent of the By-law. Based on the
foregoing, the Board finds that such alterations and changes to the pre-existing nonconforming
dwelling would not be substantially more detrimental to the neighborhood than the relief
previously granted, particularly given that the proposed basement expansion beneath the front
porch will be entirely outside of the pre-existing nonconforming side yard setback intrusions and
will not create any new living space.
7. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested
MODIFICATION to prior SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section
139-33.A, to allow for further alterations to the pre-existing nonconforming dwelling as shown
upon plans submitted and referenced above, subject to the following conditions:
a. Except as herein modified, the relief granted by this Board in prior Special Permit
—File 31-15, recorded at Book 1522, Page 147 on file with the Nantucket Registry
of Deeds—shall remain in full force and effect; and
b. No further changes to the nonconforming setbacks shall be made without further
relief from this Board.
SIGNATURE PAGE TO FOLLOW
3
Assessor's Map 42.4.4, Parcel 63 Book 1484, Page 185
1 Kite Hill Lane Book 1517, Page 231
Residential Old Historic (ROH) NO PLAN
Dated: 3une_ q ,2016
ALA _
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Geoff Thayer
COMMONWEALTH OF MASSACHUSETTS
County of Nantucket, ss
On the 94h day of cuyy� , 2016, before me, the undersigned notary public,
personally appeared Ll Sh c)a4-E►6e..1 I t , 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 e foregoing instrum* t voluntarily for the purposes therein expressed.
L
$; f� __
.— . ►1- 1/ r1`%
• fici.l Signature and Seal of Not Public �,, — s,, DORIS C.STRANG
My commission expires: tot 001 202.0 1 W`?i1 `` Notary Public
Massachusetts
'
4 %,.,.l Commission Expires Oct 9.2020
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