HomeMy WebLinkAbout48-18 2 Hussey StreetFee: $450.00
9oeaapppa
NOV 14 2018
RECEIVED
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
i•7 r1
File No. 48-19
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Owner's name(s): SGt�ir %. G7 `•c ea► r.r r. �..
Mailing address:_ 0 H!! -)U e',& .• &A-.,-.
Phone Number: a fS Z7- t L! j E -Mail: t. moi`s v1., A w. C -<TVA -1
Applicant's name(s): C 6T'rJ > `C0tss f.t Cj -/L..
Mailing Address: (n A-4..(i..dV-P 645: A. L 1)VL
Phone Number: 5-0 V32 V*,f 9 47+ E -Mail: 5e-6 •" r 0-6z L.tL .
Locus Address -.-2- V�AS $E Y S t Assessor's Map/Parcel: 4 Z.. • ►
Land Court Plan/Plan Book & Page/Plan File No.: ALAN -Roo o . 3`f . Ld? Z
tzar 1? -d(0 ..-
Deed Reference/Certificate of Title: Zoning District C, :
Uses on Lot- Commercial, -one Yes (describe)
Residential.: Number of dw ngsDuplex .
/
Date of Structure(s): all pre -date 7/72 y or _
Building Permit Numbers:
Apartments
Previous Zoning Board Application Numbers: 010 r l I If 0 1 S- �
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:
V3A- 33 A C ) TrI-6- E.xtsrr'" (' tea" - ""JFxm
5-C 2vA t_-c'f�i4� E- t�o `To Effie-t-aSit .EAS $ .J /V b ic 2
(2.a o F --TU AA- ? ol,At-v b - Mt j u N is 'V -!t_
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.
SIGNS
Owner*
SIGNATURE• Applic Attome /Agent*
*If an Agent is representing the Owner or the Applitant, please provide a signed'proof of agency.
OFFICE USE ONLY
Application received on:_/_/_ By: Carripletef Need Copies:
Filed with Town Clerk:—/—/— Planning Board:_/,._/_ Building Dept.:—/—/— By:_
" ' Fee deposited with Town Treasurer:—L/_ BY. Waiver requested:
Granted:_/_/_ Hearing notice posted with Town Clerk---/—/— Mailed:_/_/_
I&.M&_/_/_ Hearings) held on:—/—/— Opened on
Continued to:_/_/_ Withdrawn:_/_/_ Decision Due By:_/_/_
Made: _/_/F Filed w/Town Clerk:—/—/_ Mailed:—
/ -/-
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7225 telephone 508-228-7298 facsimile
2 HUSSEY ST - Town and County of Nantucket, MA - MapCeo 11)14/18, 9:53 AM
M4t`1['
https://nantucketma.mapgeo.io/properties/42.3.1%201197[atIng=41.283741%2C-70.09985&panel=search&zoom=19 Page 1 of 2
CURRENT ZONING CLASSIFICATION:
Residential Commercial
Downtown: (RCDT)
EXISTING:
MINIMUM LOT SIZE: 3,750 S.F.
.1,463-+- S.F_
MINIMUM FRONTAGE:
35 FT.
. $EE. PLAN. ,
FRONT YARD SETBACK:
none
SEE PLAN..
REAR/SIDE SETBACK:
5/0 FT.
SEE PLA1V. .
GROUND COVER % :
75%
SEE PLAN. .
0.7.t
06
0
3g 40
EXISTING
2 STY W/F
BUILDING j
615± S.F.
(BLDG. CORS.) 4
PORCH
d -
N
43.07
N
O
42.3.1-160
N/F
CAVANAUGH SUSAN JEAN H
WF"
I CERTIFY, AS OF
THE BUILDING(S) IS/ARE'LOCATFJ�t7tir '
Gg8U1Vi) AS SHOWN HER
PROFESSIONAL LAND'S RVEY 4D
THIS PLOT PLAN WAS PREPARED FOR THE TOWN
OF NANTUCKET BUILDING DEPARTMENT ONLY AND
SHOULD NOT BE CONSIDERED A PROPERTY LINE
SURVEY. THIS PLAN SHOULD NOT BE USED TO
ESTABLISH PROPERTY LINES, FENCES, HEDGES OR
ANY ANCILLARY STRUCTURES ON THE PREMISES.
THE PROPERTY LINES SHOWN RELY ON CURRENT
DEEDS AND PLANS OF RECORD.
THIS PLOT PLAN IS NOT A CER71FICATION AS TO
TITLE OR OWNERSHIP OF THE PROPERTY SHOWN.
OWNERS OF ADJOINING PROPERTIES ARE SHOWN
ACCORDING TO CURRENT ASSESOR RECORDS.
13.5±
2 nd STORY
DECK
42.31-161
N/F
13 INDIA STREET LLC
42.3.1-120
N/F
34 CENTER STREET
BUILDING LOCATION PLAN
OF LAND IN
NANTUCKET, MASS.
SCALE: 1'= 10' DATE. NOVEMBER 14, 2018
Owner: ......SC07T T. Q'CO.NNOR ....... .
Deed: 1291-206_ • Plan: , 16-34; LOT 2 .. .
Locus:.... _ ..2. HUSSEY. STREET _ . .
ISLAND SURVEYORS, LLC
Professional Land Surveyors
90 OLD SOUTH ROAD
NANTUCKET, MASS. 02554
ASSESSOR MAP: 4?.3.1. PARCEL: . i 19 . . (508) 228-2720
Fl3K.: 1/23 K-233
CURRENT ZONING CLASSIFICATION:
Residential Commercial Downtown: (RCDT) EXISTING:
MINIMUM LOT SIZE:
3,750 S.F.
,1,463*. S.F_
MINIMUM FRONTAGE:
35 FT.
. SEE PIAN. _
FRONT YARD SETBACK:
none
SEE PLAN__
REAR/SIDE SETBACK:
5/0 FT.
SEE PIAN. .
GROUND COVER % :
75%
SEE PLAN. .
o1
hZlss-er STRPET
39.40
In
h
- -Q
PORCH
EXISTING
2 STY IN/F
BUILDING j
G.C.=599± S.F.
43.07
42.3.1-160
N/F
CAVANAUGH SUSAN JEAN H
I CERTIFY, AS OF : _ 1. ( t !tt�<<'.I
THE BUILDING(S) IS/ARE LOCATED /ON
PROFESSIONAL LAND R Oft _c
THIS PLOT PLAN WAS PREPARED FOR
OF NANTUCKET BUILDING DEPARTMENT OBIA
SHOULD NOT BE CONSIDERED A PROPERTY LINE
SURVEY. THIS PLAN SHOULD NOT BE USED TO
ESTABLISH PROPERTY LINES, FENCES, HEDGES OR
ANY ANCILLARY STRUCTURES ON THE PREMISES.
THE PROPERTY LINES SHOWN RELY ON CURRENT
DEEDS AND PLANS OF RECORD.
THIS PLOT PLAN IS NOT A CERTIFICATION AS TO
TITLE OR OWNERSHIP OF THE PROPERTY SHOWN.
OWNERS OF ADJOINING PROPERTIES ARE SHOWN
ACCORDING TO CURRENT ASSESOR RECORDS.
MA
PROPOSED
GROUND COVER
G.C.=23± S.F.
d-
42.3.1-161
N/F
13 INDIA STREET LLC
42.3.1-120
N/F
34 CENTER STREET LLC
PROPOSED
PERGOLA
PROPOSED SITE PLAN
OF LAND IN
NANTUCKET, MASS.
SCALE: 1'= 10' DATE. NOVEMBER 14, 2018
Owner: .. ... SCOT( T. Q'CONjVQR ....... _
Deed: 12917206_ . Plan: .. 16-34; _LOT 2.
Locus_ . ......2 HUSSEY STREET _ . . _ . .
ASSESSOR MAP: . 42.3.1. , PARCEL: . 119. .
FBK.: 1/23
ISLAND SURVEYORS, LLC
Professional Land Surveyors
90 OLD SOUTH ROAD
NANTUCKET, MASS. 02554
(508) 228-2720
K-233
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d��MYuek� TOWN OF NANTUCKET
i BOARD OF APPEALS
°paA�ct, NANTUCKET, MASSACHUSETTS 02554
Ratet March /9 1997
CERTIFICATE GRANTING OF VARIANCE N SP L PERMIT
Massachusetts General Laws, Chapter 40A, Section 11
The BOARD OF APPEALS of the TOWN OF NANTUCKET, hereby certifie
1 that a VARIANCE and/ng SPECIAL PERMIT has been GRANTEDt
i
Tol(Owner/Applicant) David White (015-97)
_ Addresst nox IA17 Nantucket HA 025,54 1
i
i
affecting the rights of the Owner/Applicant with respect to land or
building at;
2 Hussey Street, Assessor's Map 42.3,1, Parcel
_ 119 Plan Book 16Page 34 Lot 2
Deed References 171/205
And the BOARD OF APPEALS further certifies that the attached
Decision is a true and correct copy of its Decision GRANTING the
14PiCI`b(OD KXXKltXjX SPECIAL PERMIT and that copies of the Decision ar.= c:
all pians referred to in the Decision have been filed with the Plannii
Board and the Town Clerk.
The BOARD OF APPEALS calls to the attention of the Owner/
Applicant that General Laws, Chapter 417A, Section 11 (last paragraph)
provides that noSPECIAL PERMIT, or any EXTENSION.
MODIFICATION or RENEWAL thereof, shall take effect until (a) a copy o
the Decision is certified by the Town Clerk that TWENTY (20) days hav
elapsed after the Decision has been filed in the office of the Town
Clerk and no appeal has been filed (or, if such appeal has been filed
that it has been dismissed or denied) and (b) the certified copy is
recorded in the Registry of Deeds for the County of Nantucket and
indexed in the grantor index under the name of the Owner of Record or
is recorded and noted on the Owner's Certificate of Title, The fee fc
the Owner/Applicant
such recording or registering shall -be paid by .
wy0532rA 301
��*KrucksT TOWN OF NANTUCKET
0
yex BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Dates March /! , 19 47
Tos Parties in Interest and.Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
followings
Application No.s 015-97
Owner/Applicants, DAY D WHITE -
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,,Massachusette General Laws.
Any action appealing the Decision must be brought by
tiling an complaint in court within TWENTY (20) days after
this day's date. Notice of the action with a copy of the
t complaint and certified copy of the Decision must be given
{ to the Town Clerk so as to be received within such TWENTY
(20) days.
EChairman
f Michael Mara'
cc: Town Clerk
Planning Board
Building Commissioner
PLEASE NOTES MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME
LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDINO'TO NANTUCKET
ZONING BY-LAW 1139-302 (SPECIAL PERMITS)s 6139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
eoA532vart 302
Map 42.3.1, Parcel 119 Deed Book 171, Page 206
2 Bussey Street Pinn Book 16, Page 3 S
NANTUCKET ZONING BOARD OF APPEALS
DECISION
At a public hearing of the Nantucket Zoning Board of Appeals held at 1;110 P.h2,
on Friday, February 14,1997 in the Town and Count}, Building, Broad Street,
Nantucket, Massachusetts, on the application of DAVID WHITE of Box 1812,
Nantucket, Massachusetts (Case No. 015.97) In connection with the above -referenced
property, the Board made the following Decision:
1. The Applicant Is seeking relief by VARIANCE pursuant to Nantucket Zoning
By -Law Section 139-32 from the requirements of Nantucket Zoning By -Law Section 139-
16 (intensity Regulations - minimum lot size and frontage requirements) to validate a
lot which was created by plan in 1964, but not conveyed into separate ownership until
1979. The structure contains two (2) dwelling units, one (1) on the first floor and one (1)
on the second floor. The Locus is non -conforming as to lot size, having -a lot area of
1,463+ square feet in a district that requires a minimum lot size of 5,000 square feet; as
to frontage, having 39.40+ feet of frontage along Hussey Street in a district that requires
a minimum frontage of fifty(50) feet; as to setbacks, with the structure being sited 0.5+
feet at its closest point from the westerly side yard lot line and 0.2+ feet at its closest
point from the rear yard lot line in it district that requires a minimum side and rear yard
setback of five (5) feet; as to ground cover ratio, having in excess of the required
maximum round cover ratio for an undersized lot in this district of 30%; and as to
parking, with no spaces being provided on site. Applicant further seeks relief by
VARIANCE pursuant to Nantucket Zoning By -Law Section 139.32 from the
requirements of Nantucket Zoning By -Law Section 139.7C(2) (Accessory Apartments)
and a SPECIAL PERMIT under Nantucket Zoning By -Law Section 139.16B for a waiver
of on-site parking requirements for both dwelling units as no spaces have been
provided in the past and none are planned. The property is located at 2 Hussey Street,
Assessoi s Map 42.3.1, Parcel 119, Plan Book 16, Page 34, Lot 2. The property is -zoned
Residential Old Historic,
2, This decision is based on the application and materials received, and
testimony and evidence presented at the public hearing. There were nine (9) letters in
support on file. The Planning Board made no recommendation, and the Buijjding
Commissioner spoke in favor of the application.
3. The existing structure on the property was originally constructed in the 1920s
as a carriage house with dwelling unit on the second floor and a garage on the first
floor, and is shown on the lot plan prepared by Hart -Blackwell & Associates, Inc.,
dated July 16,1986 attached as Exhiit A. In 1964 a plan was filed in Plan Book 16, Page
34, at the Nantucket Registry which created this lot containing the carriage house as a
lot separate from the lot on which the, main structure known as 34 Center Street is
located. In 1979 this undersized lot was sold to the Applicant separating its ownership
from the 34 Center Street parcel, and the first floor was converted from garage/storage
eaoi,0592PAA03
space to a separate dwelling unit. At nll times since 1979, the structure has been used ris
two independent year-round dwelling units, one on the first flour and one on the
second. lnitialiy, one of the units was owner -occupied. Currentli', both units are rented
this year-round
on, The Applicant asis, No is seeking to Validate the currsion of the structure or ent lot rind in use is ts
proposed.in
4. in 1995, tiie Board 4ranted a Variance for elle 34 Center Street property (Board
of Appeals rile No. 080-95), thereby Validating it as aseparately marketable lot from
adjacent roperty, finding that oti.'tng to circumstances relating to the shape and
topography of the land and the buildings in the parcel of svhicSi that property was
formerly a part consistins of the placement of pre-existing, nonconforming structures
upon the land, and., affecting the land of which that property was a part and
the structures thereon and not affecting generally the zoning district, a literal
tg6rcemerlTofthe provisions of the Zoning By- adv would involve substantial
hardship, and that the relief may be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent.or purpose of
the By_Law, In that the division of the parcel into two lots in separate ownership
occurred many years ago and no purpose would be served by requiring these two
964
improved parce s to revert to common ownership Al! of the same findings are
ap¢ropriate in connection with this property, being the other half of that 1the
subdivision, and are hereby made by the Board in this case. Accordingly, the Board, by
UNANIMOUS vote, hereby grants relief by VARIANCE from the dimensional zoning
nonconformities created by this division under Section 139-16A, thereby valid atinthe
lot as to size, frontage, setback and ground cover as a separately marketable. lot, alas
e
shown on the pplot pian re by Hart -Blackwell & Associates, Inc., dated July 16,
1956 and attact ed as Exhibit A.
5. In connection with the accessory apartment provisions of Section 139 7C, the
Zoning By -Law In Section 139-7C(2)(a) requires that accessory apartments,meet certain
requirements as to "Unit size." Generally speaking, this size requirement is expressed in
terms of the accessory apartment being secondary and incidental to the use of the
remainder of tide structure -,Which serves as the owners home. Specifically, this
subsection requires that the gross floor area shall not exceed 40 x of the gross floor area
of the structure within which the unit is constructed. In this case both living spaces are
the same size and neither unit serves as the owners home. Given that this use has been
extant for many years without neative impacts to the community and that the—
structure, as currently used, provides much needed year-round rental housing, the
Board finds that otv. to circumstances relating to the shape and topography of the
land and the building k he small lot with its historic carriage house pre-existing
structure) ,and especially affecting this property and the structure thereon and not
affecting generally the zoning district, a literal enforcement of the provisions of the
Zoning Y -mow would involve substantial hardship to the applicant and deprive the
commututX of n needed year-round rental housing unit, and that the relief may be
granted without substantial detriment to the public good and without nullifying -or
substantially derogating from the intent or purpose of the By -Taw on the condition that
both units be rented or used only as year-round dwelling umts. Accordingly, the
Board, by UNANIMOUS vote, here grants relief by VARIANCE from the
requirements of Section 139-7C 2 a Unit size", to allow, one of the units to qualify as
an accessory apartment notwithstanding the fact that it is the same size as the other unit
and regarcifess of re rented orused only as yea
whether
er-ris ound residenccesd, on the condition that both
units a
104532nti 304
6. As to the two (2) parking spaces rewired (one for each dwelling unit), the
Applicant established that parking would be impossible to provide on site without the
loss of green space which Is an important part of the scenic rntegrit}' of this downtown
neighborhood, There is some room at this time for parking by a tenant in front of the
structure, but this space does not comply with the Zoning By -taw's use
minimum size
requirements for conforming pparking spaces. The Board finds that use the m the
structure as two dwelling unrfs since 1979 has not created A parking problem is the
netgltborhood, and that t e reqquested waiver is consistent with the intent and purpose
of the "Coning By -Law. Aecordin Iy', by UNANIMOUS vote, the Ooard hereby
site pNing requirements emenss for this p opeetypursuant to Section 139.188, waiving All on -
GR
• .. 7_ ,1997
x APR 89 lei
RECEIVED
NANTUCKET, MAN CLERK'S o025 4
MAR 19 1997
TIME:
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NANTUCKET COUNTY SANDRA M CHADWICX
RECD ENTERED ATTEST REGISTER
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End of
lnstrurncnl_ -
C12
BOOK 5 321Aa 300
b��* rucMty TOWN OF NANTUCKET
}' BOARD OF APPEALS
r
• yC�'PAOAA(t�~o NANTUCKET, MASSACHUSETTS 02554
Date; March 19
CERTIPIC 0 GRANTING OF VARIANCE AN 5PECI L PERM
Hassach%,tt. General Laws, Chapter 4 A, Section 11
1997
The BOARD OF APPEALS of the TOWN OF NANTUCKET, hereby certifla
that a VARIANCE and/aig SPECIAL PERMIT has been GRANTEDi
TO;(Owner/Applicant) David White (015-97)
Address-
. �
Box -
affecting the rights of the owner/Applicant with respect to land or
1 building ati
2 Hussey Streete Assessor -s Hap 42 3 1, Parsel-_
119, Plan Book 16, Page 34, Lot 2
Deed Reference; 171/206
And the BOARD OF APPEALS further certifies that the attached
Decision in a true and correct copy of its Decision GRANTING the
XdVXVA=XXXX1iX*K SPECIAL PERHIT and that copies of the Decision an: et
all plans referred to in the Decision have been filed with the Planni,
Hoard and the Town Clerk,
The BOARD OF APPEALS calls to the attention of the owner/
Applicant that General Laws, Chapter 4VA, Section 11 (last paragraph)
provides that no "R*kftRXXftk%jg SPECIAL PERMIT, or any EXTENSION,
MODIFICATION or RENEWAL thereof, shall take effect until (a) a copy o
the Decision is certified by the Town Clerk that TWENTY (20) days hav
elapsed atter the Decision has been filed in the office
ehOf the
enTfwn
Clerk and no appeal has been filed (or, if such appeal
iled
that it has been dismissed or denied) and (b) the certified copy is
recorded in the Registry of Deeds for the County of Nantucket and
indexed in the grantor index under the name of the Owner of Record or
Is recorded and noted on the owner's certificate of Title. The fee fc
such recording or registering shall•be paid by the Owner/Applicant.
WK0532PAu 302
Ma 42.3.1, Parcel 119 Deed Book 171, Page 206
2 Hussey Street Plan Book 16, Page U
NANTUCKET ZONING BOARD OF APPEALS
DECISION
I At • public hearing of the Nantucket Zoning Board of Appeals held at 1,00 P.M.
on Friday, February 14,1997 in the Town and Count}, Building, Broad Street,
Nantucket, Massachusetts, on the application of DAVID WHITE of Bou 1612,
I Nantucket, Massachusetts (Case No. 015-97) in connection with the above -referenced
property, the Board made the following Decision,
1. The Applicant is seeking relief by VALIANCE pursuant to Nantucket Zoning
Bi -Law Section 139-32 from the requirements of Nantucket Zoning By -Law Section 13
16 (Intensity Regulations - minimum lot size and frontage requirements) to validate a
lot which was created by plan in 1964, but not conveyed into separate ownership until
1979. The structure contains two (2) dwelling units, one (1) on the first Moor and one (1)
on the second floor, The Locus is non -conforming as to lot size, having a lot area of
.1,463± square feet in a district that requires a minimum lot size of 5,000 square feet; as
to frontage, having 39.40+ feet of frontage along Hussey Street in a district that requires
a minimum frontage of fifty50) feet; as to setbacks, with the structure being sited 0.5±
feet at Its closest point from the westerly side yard lot line and 0.2± feet at its closest
point from the rear yard lot line in a district that requires a minimum side and rear yard
i setback of five (5) feet; as to ground cover ratio, having in excess of the required
} maximum $,round cover ratio for an undersized lot in this district of 30%; and as to
} parking with no spaces being provided on site. Applicant further seeks relief by
VARIANCE pursuant to Nantucket Zoning By -taw Section 139-32 from the
requirements of.Nantucket Zoning By -Law Section 139.7C(2) (Accessory Apartments)
and a SPECIAL PERMIT under Nantucket Zoning By-Laty Section 139- 8B for a waiver
of on-site pparking requirements for both dwelling units. s no spaces have been
provided !n the pi)st and none are planned. The property is located at 2 Hussey Street,
Assessor's Map 42.3.1, Parcel 119, Plan Book 16, Page 34, Lot 2. The property is-2oned
Residential Old Historic.
i
2. This decision is based on the application and materials received, and
testimony and evidence presented at the public hearing. There were nine (9? letters in
support on file. The Planning Board made no recommendation, and the Buillding
Commissioner spoke in favor of the application.
3. The existing structure on the property was originally constructed in the 1920s
as a carriage house with dwelling unit on the second floor and aggarage on the first
floor, and is shown on the plot pian prepared by Hart -Blackwell do Associates, Inc.,
dated July 16,1986 attached as Exhibit A. In 1964 a plan was filed in Plan Book 16, Page
34, at the Nantucket Registry which created this lot containing the carriage house as a
lot separate from the lot on which the, main structure known as 34 Center Street is
was sold to the Applicant, s
located, In 1979 this undersized lot eparating its ownership
from the 34 Center Street parcel, and the first floor'was converted from garage/storage
104532na 304
6, As to the two (2) perking spaces required (one for each dwelling unit), the
Applicant established that parking would be impossible to provide on site without the
lou of green spacewhich is an important pact of the scenic integrity of this downtown
neighborhood, There is some room at this time for parking by a tenant in front of the
structure, but this space does not comply with the Zoning Bylaw's minimum size
requirements for conforming parking spaces. The Board finds that use the of the
structure as two dweilinghunitgs since 1979 has not created a parking problem in the
of thlc borhood, and Zoning By -Law. A� ordins. , lbytUNANIMOUS iver is vote with
Board hereby e intent nnd purpose
GRANTS
p rTS g requirements tedfor this propertypursuant to Section 139-JBB, waiving till on -
Dated; -. -+-1-- ,1997
1415 N1t1E tED
,S' APR 09 BW
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Doc: SP 12/16/2011 02:48 PM
TOWN OF NANTUCKET O
BOARD OF APPEALS`
NANTUCKET, MASSACHUSETTS, 025.54
Date: December 16, 2011
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 020-11
Owner/Applicant: DAVID P. WHITE
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.
Edward S. Toole, Chairman
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 508-228-7215.
Bk: 01305 Pg: 206
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 42.3.1,Parcel 119 Pian Book 16, Page 34
2 Hussey Street
Book 171, Page 206 Commercial Downtown
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, July 14, 2011, at 1:00 P.M., at 4
Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of DAVID P. WHITE, C/O
SARAH F. ALGER, P.C., 2 SOUTH WATER STREET, NANTUCKET, MA 02554,
File No. 020-11:
2. Applicant is requesting Special Permit relief pursuant
to Nantucket Zoning Bylaw Section 139-33.A.(4) (alteration of
preexisting nonconforming structure) and a modification of the
decision in File No. 015-97 in order to convert the structure on
the Locus to one single-family dwelling, including lifting the
structure to put a foundation with a full basement in its
existing location and making changes to the roof pitch, in its
existing location and constructing an addition to the structure
that will comply with all dimensional requirements of the By-
law, with parking continued to be waived as necessary. The
structure is nonconforming as to rear -yard setback by having a
setback of only 0.1 feet where'5 feet is required and by having
a lot area of only 2,650 feet where 3,750 feet is required. The
Locus is situated at 2 Hussey Street, is shown on Nantucket Tax
Assessor's Map 42.3.1 as Parcel 119, is shown as Lot 2 in Plan
Book 16, Page 34, and title is recorded at the Nantucket County
Registry of Deeds in Book 171, Page 206. -The property is zoned
Commercial Downtown.
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
received at ourpublic hearing. There was no Planning Board
recommendation, on the basis that no matter of planning concern
1
Bk: 01305 Pg: 207
was presented. There was a letter on file with the Zoning Board
of Appeals in opposition to said application.
4. Attorney Sarah Alger represented the Applicant at the
hearing. Attorney Alger explained that the Applicant is
requesting a modification in order to convert the structure on
the Locus to one single-family dwelling. The Applicant also
intends to lift the structure in order to put a foundation, with
a crawl space or full basement, in its existing location or a
more conforming location and to change the roof pitch of the
structure, including the portion of the structure that is within
the rear yard setback. Attorney Alger also explained that the
Applicant further intends to construct an addition to the
structure that will comply with all dimensional requirements of
the Bylaw.
5. The structure is nonconforming as to rear -yard setback
by having a setback of only 0.1 feet where 5 feet is required
and by having a lot area of only 2,650 feet where 3,750 feet is
required. The proposed modifications and alterations will not
affect the Locus in any way that will increase the existing
nonconformities or create any new non -conformities on the Locus.
As the Applicant has the benefit of special Permit in 1997
(Decision No. 019-97) that waived the required parking on the
Locus, the Applicant also requests that the previously waived
parking remain waived.
6. Accordingly, the Board of Appeals, by unanimous vote
of the sitting members, found that the proposed modification of
the decision in File No. 015-97 in order to convert the
structure on the Locus to one single-family dwelling and the
alteration to lift the structure in order to put a foundation,
with a crawl space or full basement, change the roof pitch of
the structure, and create an addition that will comply to the
zoning requirements of the Bylaw will be in harmony with the
purpose and intent of the Zoning Bylaw and the proposed
alteration will not be substantially more detrimental to the
neighborhood than the existing nonconformity. Therefore, the
Board granted relief with following conditions:
a. There shall be no exterior construction between
May 131' and October 1St of any year;
b. All work shall be done in accordance with the
plan entitled "Zoning Board of Appeals
Application," dated July 8, 2011, prepared by
N
Bk: 01305 Pg: 208
Emeritus Development, Ltd, attached hereto as
"Exhibit A"; and,
c, All work shall be done in substantial compliance
I with Historic District Commission Certificate of
Appropriateness Number 56616, as may be amended.
TECHNICAL AMENDMENT
1. Since the Board granted the aforementioned relief the
applicant amended the scope of the proposed work to eliminate
the raising of the structure, to eliminate the installation of a
full basement and to cause the addition to be supported by
piers. The proposed addition to the structure will comply with
all dimensional requirements - of the Bylaw.
2. Attorney Michael J. Wilson represented the applicant at
the hearing. Attorney Wilson explained that the revised scope
of work was the result of a negotiated compromise to an appeal
of decision 020-11.
3. The applicant has secured the ,approval of the Historic
District Commission for the amended scope of work.
4. The proposed modifications and alterations will not
affect the Locus in any way that will increase the existing
nonconformities or create any new non --conformities on the Locus.
Therefore,
a. There shall be no exterior construction between May 1st
and October 11t of any year.
b. All work shall be done in accordance with the plan
entitled Zoning Board of Appeals Application" dated November 1,
2011, prepared by Emeritus Development, Ltd. Attached hereto as
Exhibit A; and,
c. All work shall be done in substantial compliance with
Historic District Commission Certificate of Appropriateness
Number 57194 as may be amended.
d. This amendment to permit 020-11 shall not require the
twenty, (20) day appeal period prior to recording.
3
Bk: 01305 Pg: 209
SIGNATURE PAGE TO FOLLOW
Dated; December 8, 2011
$k: 07305 Pg: 210
Kerim Kose
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. L(n b , 2011
On this �� day Qf ", 2011, before me, the undersigned Notary Public, personally
appeared „til^ who is personally known to me, and
who is the person whose name is signed on the preceding or attached document, and who
acknowledged to me that he/6) signed it voluntarily for its stated purpose.
ary Public:
My commission expires: It lit a ty
` 11N 11ri�r+Harpy
0�;HY A{,
f; 2Q DAYS HAVE ELAPSED AFTER �'_,o� - 9
VAS FILED IN THE OFFICE OF THE :_ �,t -,; '
.,�
WD. -THAT NO APPEAL HAS 9EI~N •
�'TO'UNERAL LAWSO&SECTION It.
TOWNCLERK,;' .:
DEC 16 ;011
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6011190
Town of Nantucket
Zoning Board of Appeals
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER...C.rrT... t.. 'C. -V!woPP !...................
MAILINGADDRESS....�/a / ,C,�uuPy��. Qom,. ......� .......
PROPERTY LOCATION ... 9...� vss 9.--1 ......... .r ...............I......
ASSESSORMAP/PARCEL.. �..'.3'.,C..,,„.... f /J..I................
SUBMITTED BY......... ....... c S c !v ............
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).
i
DATE
a -
ASSESSOR' O FICE
TOWN OF NANTUCKET
Town of Nantucket
Zoning Board of Appeals
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER... .....................
MAILING ADDRESS... Gf..v ........! v vP�.
..................................................
PROPERTY LOCATION... V;2 ... � : 6Cri ;.-/ ....... . �F.r-............ .... .
ASSESSOR MAP/PARCEL... 2..'.,?'.. r.........�....%. �. ...................
SUBMITTED BY......... /. !. �9t!� ... -4 .!
.................
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)•
/I-?- S _
DATE
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2019 FEB -8 P; 2: 42
RAI TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: February 4, 2019
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No.: 48-18
Owner/Applicant: SCOTT T. O'CONNOR
Property Description: 2 Hussey Street
Map 42.3.1, Parcel 119
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 Nantucket Superior Court or 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 119 Book 1291, Page 206
2 Hussey Street Plan Book 16, Page 34
Commercial Downtown (CDT) Lot 2
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday,
December 13, 2018, at 1:00 P.M., 4 Fairgrounds Road, Nantucket, Massachusetts, the
Board made the following Decision on the Application of SCOTT T. O'CONNOR, 6A
Arrowhead Drive, Nantucket, Massachusetts 02554, File No. 48-18:
2. Applicant is seeking Special Permit relief pursuant to Zoning By-law Section
139-33.A in order to alter and extend the pre-existing nonconforming dwelling, the rear
elevation of which is sited within the five (5) foot rear yard setback. Specifically,
applicant proposes to enclose areas under existing roofs to build small additions and to
construct a pergola. While the alteration consists of an expansion and extension within
the southerly rear setback, the resulting expanded structure will be no closer to the rear
yard lot line than the existing dwelling. Locus is situated at 2 Hussey Street, is shown on
Assessor's Map 42.3.1 as Parcel 119, and as Lot 2 on Plan Book 16 Page 34. Evidence of
owner's title is recorded in Book 1291, Page 206 on file at the Nantucket County
Registry of Deeds. The site is zoned Commercial Downtown (CDT). R
3. Our Decision is based upon the application and accompanying materials and
representations and testimony received at the public hearing. There was no Planning
Board recommendation as the matter did not present any issues of planning concern.
Except for the applicant's presentation, there was neither support nor opposition
presented at the public hearing, nor any adverse written comment received.
4. Attorney Michael Wilson represented the Applicant at the hearing. He explained
to the Board the proposed alteration of a pre-existing nonconforming structure which
consists of enclosing areas under an existing roof to add a mud -room and a dining room
as well as build a pergola, all as shown on plan entitled, "Proposed Site Plan of Land in
Nantucket, Mass.", dated November 14, 2018 and prepared by Island Surveyors, LLC, a
reduced copy of which is attached herewith as "Exhibit A". There is a permissible
increase in ground cover from 599 square feet to 747 sq. ft. in CDT where 75% of 1,463
sq. ft. would yield a maximum allowable ground cover of up to 1,097 sq. ft. The
alterations will result in a horizontal extension of the rear setback intrusion and additional
massing within the setback with the enclosure on the southeast corner. The addition on
the northeast corner meets with the dimensional provisions of Section 139-16.
2
5. Locus benefits from prior relief granted in ZBA File No. 015-97 (recorded at
Book 532, Page 300 on file with the Nantucket County Registry of Deeds) by Variance
and Special Permit to validate the undersized lot as separately marketable from adjacent
34 Center St., to allow the accessory apartment use and unit size, and to waive on-site
parking requirements. This decision was later modified in File No. 020-11 (recorded at
Book 1305, Page 205) to allow the conversion of the structure into a single family
dwelling unit in its current configuration.
6. The existing residential use is not being altered, although the pre-existing
nonconforming structure is. Relief is sought pursuant to Section 139-33.A(1) which reads
in pertinent part:
Preexisting, nonconforming structures or uses may be extended, altered,
or changed, provided that:
allThe special permit granting authority finds that such extension,
alteration, or change shall not be substantially more detrimental than the
existing nonconforming structure and/or use to the neighborhood. Where
an existing structure violates a front, rear, or side yard setback distance,
the special permit granting authority may issue a special permit to allow
an extension, alteration, or change to the structure, provided that the
nonconforming setback distance is not made more nonconforming and
based upon a finding that the extension will not be substantially more
detrimental to the neighborhood than the existing nonconformity [... J
7. Based upon the foregoing, the Board made the finding that the proposed alteration
and expansion of the dwelling structure, as shown on the above-referenced Site Plan,
does not render the nonconforming setback distance more nonconforming and is not
substantially more detrimental to the neighborhood than the existing nonconformity, and
therefore, said alteration may be approved by Special Permit.
8. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board GRANTS
relief by SPECIAL PERMIT pursuant to Zoning By-law Section 139-33.A subject to
the conditions below:
a. The alterations upon the Locus shall be performed in substantial conformity
with the Site Plan attached herewith as "Exhibit A";
b. There shall be no exterior construction work, including hardscaping, between
Memorial Day and Labor Day of any given year as it relates to the alterations
contemplated herein.
K,
Assessor's Map 42.3.1, Parcel 119
2 Hussey Street
Commercial Downtown (CDT)
Dated: December 13, 2018
Book 1291, Page 206
Plan Book 16, Page 34
Lot 2
-All'
Mark Poor
1
Geoff Thayer
COMMONWEALTH OF MASSACHUSETTS
Nantucket,, ss.
On the I day of h 0"PLGV q 2,019, before me, the undersigned notary
public, personally appeared ff jj?r'/IA �C/��R/G� , 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 they signed the foregoing instrument as their free act
and deed and voluntarily for the purposes therein Vxassed..
Offici& Signature and Seal of -Notary Public
My commission expires:
LESLIE WOODSON SNELL
Notary Public 4
COMIRIONVommEALTH s IAn SACHUSMS Expires
Ulf My Commission Expires
September 26, 2025
"EXHIBIT A"
CURRENT ZONING CLASSIFICATION:
Residential Commercial Downtown: (RCDT)
EXISTING:
MINIMUM LOT SIZE:
3,750 S.F.
S.F.
MINIMUM FRONTAGE:
35 FT,
.1,463±,
SEE PLAN
FRONT YARD SETBACK:
none
SEE, PLAN
REAR/SIDE SETBACK:
5/0 FT.
SEE, FLAN-
GROUND COVER %
75%
.
SEE. PLAN- -
I CERTIFY, AS OF :. iI. b O t v T
THE BUILDING(S) IS/ARE LOCATED F
GROU AS HOWN HERE7
�l EDWARD
•; F
PROFESSIONAL LAND SU E R� 71�
THIS PLOT PLAN WAS PREPARED FOR THE TOWN 41
OF NANTUCKET BUILDING DEPARTMENT ONLY AND
SHOULD NOT BE CONSIDERED A PROPERTY LINE
SURVEY. THIS PLAN SHOULD NOT BE USED TO
ESTABLISH PROPERTY LINES, FENCES, HEDGES OR
ANY ANCILLARY STRUCTURES ON THE PREMISES.
THE PROPERTY LINES SHOWN RELY ON CURRENT
DEEDS AND PLANS OF RECORD.
THIS PLOT PLAN IS NOT A CERTIFICATION AS TO
TITLE OR OWNERSHIP OF THE PROPERTY SHOWN.
OWNERS OF ADJOINING PROPERTIES ARE SHOWN
ACCORDING TO CURRENT ASSESOR RECORDS.
ASSESSOR MAP: . .42..3.1. , PARCEL: . 119. .
PROPOSED SITE PLAN
OF LAND IN
NANTUCKET, MASS.
SCALE: l-- 10' DATE: NOVEMBER 14, 2018
Owner: . . . . . SCOTT T. Q'CONNOR . . . . . . . . .
Deed: . ,1291-206. , Plan: . 1.6-34; LOT 2
Locus:.... ...2 HUSSEY STREET ..... .
FBK.: 1/23
ISLAND SURVEYORS, LLC
Professional Land Surveyors
90 OLD SOUTH ROAD
NANTUCKET, MASS. 02554
(508) 228-2720
K-233
39.40
Q
0.7-t
Ui
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co
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PROPOSED
2 4,
GROUND COVER
V.m
EXISTING G.C.=23t S.F.
Q
N
2 STY W/FULDING
G.CB 5199± S.F. / 13.5t_
42. ��F120
Si
34 CENTER STREET LLC
2 nd STORY
DECK
0.6t
-_-_"--- _
PROPOSED
_--__-__--_-__- GROUND COVER
PROPOSED
G.C.=1251 S.F.
PERGOLA
o'
43.07
N 1-
O ' �o
42.3.1-160
O —
N/F
CAVANAUGH SUSAN JEAN H 42.3.1-161
N/F
13 INDIA STREET LLC
I CERTIFY, AS OF :. iI. b O t v T
THE BUILDING(S) IS/ARE LOCATED F
GROU AS HOWN HERE7
�l EDWARD
•; F
PROFESSIONAL LAND SU E R� 71�
THIS PLOT PLAN WAS PREPARED FOR THE TOWN 41
OF NANTUCKET BUILDING DEPARTMENT ONLY AND
SHOULD NOT BE CONSIDERED A PROPERTY LINE
SURVEY. THIS PLAN SHOULD NOT BE USED TO
ESTABLISH PROPERTY LINES, FENCES, HEDGES OR
ANY ANCILLARY STRUCTURES ON THE PREMISES.
THE PROPERTY LINES SHOWN RELY ON CURRENT
DEEDS AND PLANS OF RECORD.
THIS PLOT PLAN IS NOT A CERTIFICATION AS TO
TITLE OR OWNERSHIP OF THE PROPERTY SHOWN.
OWNERS OF ADJOINING PROPERTIES ARE SHOWN
ACCORDING TO CURRENT ASSESOR RECORDS.
ASSESSOR MAP: . .42..3.1. , PARCEL: . 119. .
PROPOSED SITE PLAN
OF LAND IN
NANTUCKET, MASS.
SCALE: l-- 10' DATE: NOVEMBER 14, 2018
Owner: . . . . . SCOTT T. Q'CONNOR . . . . . . . . .
Deed: . ,1291-206. , Plan: . 1.6-34; LOT 2
Locus:.... ...2 HUSSEY STREET ..... .
FBK.: 1/23
ISLAND SURVEYORS, LLC
Professional Land Surveyors
90 OLD SOUTH ROAD
NANTUCKET, MASS. 02554
(508) 228-2720
K-233