HomeMy WebLinkAbout23-19 43 Appleton Road4
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
Fee: $450.00
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File No. A 3 -19
Owner's name(s): Lee A. Papale Salman
Mailing address: c/o Reade, Gullicksen, Hanley & Gifford, LLP
6 Young's Way, Post Office Box 2669, Nantucket, Massachusetts 02584
Phone Number: 508-228-3128 E -Mail: air@readelaw.com
Applicant's name(s): Same
Mailing Address: Same
Phone Number: Same E -Mail: Same
Locus Address: 43 Appleton Road Assessor's Map/Parcel: 66-66
Land Court Plan 13554-J, Lot 126
Certificate of Title: 20338 Zoning District Village Trade, Entrepreneurship and Craft (V°TEC)
Uses on Lot- Commercial: Non Yes (describe) Workshops and storage
Residential: Number of dwellings Duplex Apartments
Date of Structure(s): all pre -date 7/72 No
Building Permit Numbers: 11775-95;14155-97; 325-07; 368-13; 853-19; 854-19
Previous Zoning Board Application Numbers:
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
F:\WpK\Kalman\Lee Papale\28A App for 9-2019.docx
State below or attach a separate addendum of specific special permits or variance relief applying for:
The applicant moved a structure to locus in 2013, pursuant to building
permit 368-13, to be used as a workshop. The applicant had the
corners for the proposed location of the structure marked by a
Registered Professional Land Surveyor. Nevertheless, the structure
as placed is now situated 19.9± feet from Appleton Road, from which
front yard setback is measured, at the closest point; in the VTEC
district, minimum front yard setback is 30 feet. The exterior wall
of the structure lies 29.6± feet from Appleton Road at its closest
point. The surveyor overlooked the fact that the structure was to
have a porch on the side of the structure facing Appleton Road.
Accordingly, the applicant requests relief by Special Permit under
Nantucket Zoning By-law §139-16.C(2), to validate the location of the
structure as having been placed based upon a licensed survey.
Further, the applicant requests relief by Variance in order to
validate the location of the structure, to the extent necessary.
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: Lee A. P pale Kalman Owner*
By:
SIGNATURE: /Attorney/Agent
A thur I. Re de, Jr.
OFFICE USE ONLY
Application received on:—/—/— By: Complete: Need Copies:
Filed with Town Clerk:_/_/_ Planning Board:_/_/_ Building Dept:-/-/- By:
Fee deposited with Town Treasurer:-/-/- By: Waiver requested:
Granted:—/_/— Hearing notice posted with Town Clerk:_/_/— Mailed:—/—/_
I&M—/_/— &_/_/— Hearing(s) held on:—/—/_ Opened on :—/—/—
Continued to:_/—/— Withdrawn:—/—/_ Decision Due By:
—
Made:—/—/— Filed w/Town Clerk:—/—/— Mailed:—/—/ -
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
F:\NpK\Kalman\Lee Papale\28A App for 9-2019.docx
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Property Information
Property ID 66 66
Location 43 APPLETON RD
Owner KALMAN LEE A PAPALE
MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
Town and County of Nantucket, MA makes no claims and no
warranties, expressed or implied, concerning the validity or
accuracy of the GIS data presented on this map.
Geometry updated 11/13/2018
Data updated 11/19/2018
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LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER... `ee..AW...
MAILING ADDRESS.. ...........
PROPERTY LOCATION..........��1 ....�.....
ASSESSOR MAP/PARCEL...... QUA �.....� G. (0 ..................................
SUBMITTED BY.... •'C ...............................
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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DA /� ( ASSESSOR'8 OF ICE
TOWN OF NANTUCKET
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WITHDRAWAL FORM
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
File No. 23 -19
Map 66 Parcel 66
APPLICANT(S): LEE A. PAPALE KALMAN
43 Appleton Road - relief by Special Permit/By-law Section 139-16.C(2)
relief by Variance / By-law Section 139-32
UPON THE REQUEST OF THE APPLICANT(S) MADE:
PRIOR TO
X AFTER
PUBLICATION OF NOTICE OF A PUBLIC HEARING ON THE ABOVE CAPTIONED
APPLICATION, WE, THE NANTUCKET ZONING BOARD OF APPEALS:
THE WITHDRAWAL:
ACKNOWLEDGE AS A MATTER
RIGHT AND WITHOUT PREJUDICE
X APPROVE WITHOUT PREJUDICE
APPROVE, BUT WITH PREJUDICE
IN FULL OF THE SAID
APPLICATION
X OF SO MUCH OF SAID
APPLICATION AS:
concerns a request for Special Permit relief per 139-16.C(2) pertaining
to the deck / porch intrusion into front yard setback.
The Zoning Board of Appeals
DATED:/G t/ Eleanoor Weller Antonietti,
/ 11f
Zoning Administrator
--��_
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
cogpo;61^.
2019 l QV -8 Phi 2: 53
AA E TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date : November 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 . : 23-19
Owner/Applicant: LEE A. PAPALE KALMAN
Property Description: 43 Appleton Road
Map 66, Parcel 66
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 66, Parcel 66 Certificate of Title 20338
43 Appleton Road Land Court Plan 13554-J
Village Trade, Entrepreneurship and Craft Lot 126
(VTEC)
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals ("Board"), on Thursday,
October 10,2019,at 1:00 P.M., at 4 Fairgrounds Road,Nantucket,Massachusetts,the Board made
the following decision on the application of LEE A.PAPALE KALMAN,do Reade,Gullicksen,
Hanley& Gifford, LLP, Post Office Box 2669,Nantucket, Massachusetts 02584, File No.23-19:
2. The applicant seeks relief from the front yard setback requirement of a minimum of thirty
(30) feet in the VTEC zoning district, in order to validate the siting of a structure which is now
situated 19.9± feet from Appleton Road at its closest point. The exterior wall of the structure is
situated 29.6± feet from Appleton Road at the closest point. The applicant requested a Special
Permit under Nantucket Zoning By-law §139-16.C(2), in order to validate the location of the
structure as having been based on a licensed survey, or in the alternative relief by Variance to
validate the location of the structure. Locus is situated at 43 Appleton Road, Map 66, Parcel 66,
is shown as Lot 126 on Land Court Plan 13554-J, and is in the Village Trade, Entrepreneurship
and Craft(VTEC) zoning district.
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. Several neighboring property owners expressed opposition at the public hearing
and in correspondence received by the Board.
4. As presented by the applicant's husband and her legal counsel, locus has a convoluted
history. Access has historically been obtained, as a matter of practice, over the traveled
passageway known as Mizzenmast Extension,which however has no legal status and is not owned
by the applicant. In fact, until several years ago, the legal address of the property was shown as
22 Mizzenmast Extension. However, the only street or way upon which locus has legal access is
Appleton Road. In 2013, the applicant obtained a structure, the subject of this application,which
she moved to locus pursuant to Building Permit No. 368-13. In connection with the filing of the
application, the applicant's representative at that time filled out the address as "22 Mizzenmast
(Extension)'; at some point, that was altered to add "aka 43 Appleton Road". The application
2
showed front yard setback as 300+feet,rear yard setback as 20',left yard setback as 20',and right
yard setback as 100+feet; these dimensions roughly correspond to the actual siting of the subject
structure, if front yard setback were considered as being from "Mizzenmast Extension" and rear
yard setback were considered as being from Appleton Road. As evidence of further confusion,
the application was filled out showing the zoning district as being RC-2,although the property had
been rezoned from Residential Commercial-2 (RC-2)to VTEC several years prior.
5. At the public hearing, several members of the Board expressed their unwillingness to grant
relief insofar as the intrusion of the structure upon the front yard setback involved the deck on its
Appleton Road side, and the applicant withdrew the request for relief pursuant to By-law §139-
16.C(2) sought in connection with the siting of the deck.
6. With regard to the siting of the structure itself, not including the deck,the Board members
expressed the view that the intrusion into the front yard, being 29'6± feet from the side line of
Appleton Road, was minimal. Under these circumstances, and mindful of the confused status of
the property's history and the circumstances of the building permit application, the Zoning Board
of Appeals made the finding, by unanimous vote, that owing to circumstances relating to the soil
conditions, shape or topography of locus and structures thereon and especially affecting such land
and structures but not affecting generally the zoning district in which it is located, a literal
enforcement of the provisions of this chapter would involve substantial financial hardship to the
applicant,and that desirable relief may be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent or purpose of such bylaw.
7. Accordingly, by the same UNANIMOUS vote, the Zoning Board of Appeals
GRANTED relief by VARIANCE under By-law §139-32, validating the structure as presently
sited, being 29.6± feet from the side line of Appleton Road at its closest point, subject to the
following conditions:
a) That the decks and doors shall be removed from the front yard setback area;
b) That the subject structure and its use shall be brought into compliance with all
applicable building codes; and
c) The Locus shall be brought into conformance with the provisions of Outdoor
Lighting By-law(Chapter 102).
* * * * * * * * * *
SIGNATURE PAGE FOLLOWS
3
I
Assessor's Map 66, Parcel 66 Certificate of Title 20338
43 Appleton Road Land Court Plan 13554-J
Village Trade, Entrepreneurship and Craft Lot 126
(VTEC)
Dated: October 10, 2019
McCarthy 0
1
...b'
Mich.-1 . O' ara
Kerim Koseatac
Mark P.•
• k. --.\\--(.------ -
J ondani
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss.
"
On the 5 day of /liezeisi6 er , 2019, before me, the undersigned notary public,
/
personally appeared /'/An/C Poor , 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
expressed.
7a11,6671/(e---kel,t2 0 /
Official Signature and Seal of No P •
My commission expires:
4 PAUL M. MURPHY
NOTARY PUBLIC
Commonwealth 01 Massachusetts
11 My Commission Expires
December 17,2021
4