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HomeMy WebLinkAbout013-04 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: f-J Py/ { Jo , 200 [I To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Owner/Applicant: ((Qtne _ L. 013 -0 Y Canl 1');, S~ u)cxr"fz- (lYJr{ ~Qh UJ'ov1"L Application No.: 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 brought 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. cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND V^RIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING' TO NANTUCKET ZONING BY-LAW ~139-30I (SPECIAL PERMITS); ~139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. NANTUCKET ZONING BOARD OF APPEALS 1 East Chestnut Street Nantucket, Massachusetts 02554 50 Monomoy Road Land Court Plan 14029-A Certificate of Title No. 20,937 Assessor's Map 43, Parcels 45, 49, and 50 Lots A-3, B-3 and C-3 LUG-1 Zoning District DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, opened on Friday, March 12,2004, at 1:00 P.M., and continued to Friday, April 2, 2004, in the Conference Room in the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the following Decision on Application (013-04) of CARY M. SCHWARTZ AND ELAINE L. SCHWARTZ, of 36 Post House Road, Morristown, New Jersey 07960, in connection with property known as 50 Monomoy Road, Nantucket, Massachusetts: 2. Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33A (alteration/ expansion of a pre-existing nonconforming structure/use). Applicants propose to alter the use of an existing attached garage/ storage structure by converting the use to interior living space in connection with the existing single-family dwelling to the rear. There would be window and door changes but there would be no expansion of the garage structure. As part of the renovation, a new porch area would be added to the rear of the garage that would be attached to the northeasterly side of the dwelling, a small portion of which would be constructed within the required 35-foot front yard setback area but sited no closer to the front yard lot line than the existing structure as the entire porch is situated behind the garage. In addition, the Locus is nonconforming as to lot size with the Lot containing about 27,032 square feet of area in a district that requires a minimum lot size of 40,000 square feet; and as to ground cover with the Lot having a ground cover ratio of about 10.5% in a district that allows a maximum ground cover ratio of 7%. The Premises is located at 50 Monomoy Road, Assessor's Map 43, Parcels 45, 49, and 50, Land Court Plan No. 14029-A, Lots A-3, B-3 and C-3. The property~ zoned Limited-Use-General-1. ~;:" = CD ;:u Lv o ::?: -'11' J'"'''''., ..... .' -0 . . -- 1.0 3. Our Decision is based upon the application and accompanying materials, plans, photographs, architectural drawings and representations and testimony received at our public hearing. The Planning Board recommendation was that the Application did not present any issues of planning concern. There were no letters received regarding the Application and one abutter appeared in opposition at the hearing expressing concerns about issues that the Board ruled were outside the purview of this Board and more properly before the Nantucket Historic District Commission, as that entity was still involved in the public hearing process related to this property. 4. The Applicants presented, through counsel, an affidavit establishing that the dwelling and garage were constructed as presently sited prior to the 1972 enactment of the Zoning By-law. An aerial photograph from the Town records was introduced indicating that the structure and attached garage were in their present locations as early as 1938 and as such, the garage was validly grandfathered as to said intrusion. Applicants also submitted photographs of the existing structure, a site plan of the existing and proposed conditions dated April 2, 2004, drawn by Blackwell and Associates, Inc., and exterior elevations of the proposed renovation to the structure as approved by the Nantucket Historic District Commission in Certificate of Appropriateness No. 43,453. The Applicants represented that conversion of the existing garage to interior living space, without changing the footprint of the garage within the front yard setback area, would not increase the nonconforming setback or ground cover violations. Applicants further represented that the change of use from garage storage accessed from the exterior to living space accessed from the interior of the existing single-family dwelling would not be substantially more detrimental to the neighborhood. In addition to interior changes, there would be exterior fenestration changes to the doors and windows as part of the renovation. The Applicants stated that the southeastern most addition to the proposed unenclosed porch on the easterly side of the single-family dwelling and attached to the rear of the garage, although partially within the front yard setback, would not increase the ground cover ratio and have little impact on the neighborhood since it would be located entirely behind the garage and away from the front yard lot line. There would be no separate cooking facilities in the converted garage. 5. Based upon the foregoing, the Board finds that converting the pre- existing, nonconforming garage into additional interior living space without increasing the ground cover or coming any closer to the front yard lot line than the existing garage structure, would not increase the nonconforming ground cover ratio or front yard setback intrusion. The Board also finds that the small addition to the porch located to the rear of the garage and coming no closer to the front yard lot line than the existing garage, does increase the massing of the structure within the front yard setback area. Further, The Board finds that said alterations, would not be 2 substantially more detrimental to the neighborhood than the existing nonconformities, and would be in harmony with the general purpose and intent of the Zoning By-law. 6. Accordingly, the Board of Appeals voted UNANIMOUSLY to GRANT the requested SPECIAL PERMIT relief under Nantucket Zoning By-law Section 139- 33A to permit the conversion of the existing garage to living space and permit a portion of a new porch addition to be sited as proposed, based upon the following conditions: (a) The work related solely to the structure shall be done in substantial conformity with the "Site Plan", done by Blackwell and Associates, Inc., dated April 2,2004, a reduced copy of which is marked as Exhibit A and attached hereto; (b) The extension of the porch within the setback shall not be enclosed and there shall be no increase in overall ground cover ratio without further relief from this Board; (c) No exterior structural changes are permitted to the portion of the structure sited within the front yard setback area without further relief from this Board; (d) The work on the structure within the front yard setback areas shall be done in substantial compliance with the plans approved by the Historic District Commission under Certificate of Appropriateness No. 43,453, as may be amended; and (e) No cooking facilities shall be permitted in the portion of the structure sited within the setback area without further re~f from this B~ Dated: April -:lJ.2004 sa~.. ~ , ancyJ.S vrens DaleWaine ~~ David Wiley 3 cURRoo zoNING' ctAssFJcAmN: ./.. LImlbid u.. o.-d 1 (l..U.G.-1) , ~ MIN"'UW LOT SIZE: 40.000 s.r. -':$" :~~~ '~~. /,~ REAIVSIDE SET1IACK: 10 FT. , GROONo COYER X: 7X.4- N#tuCDf' ,/'.T 1lARBOR ,~ ~tI h' ~' "I; , / , ~. If( 2foq UGBND € fr. .:,,';~~~! /' / 1/ /' /' LOT CJ .#' A=5881 :1:S.F. /' 4/' / <:\) OE:NOTES CONCRETE BOUND W/DRIUHOLE FOUND 4J-4J N/F' LDNBACH /' /' /' /' 4J-#8 N/F FRAZIER ~'" cj)~ SITE PLAN TO ACCOMPANY , ZONING BOARD OF APPEALS APPUCATlON in Nantucket, .MA Prepared For CARY Jl. SCHWARTZ ELA1NE L. SCHWARTZ #50 MONOMOY ROAD Scale: 1 "=40' April 2, 2004 BUCKJfEU and ASSOCIATES, Inc. ProfessionaJ. La:nd SUTV8l/OTS 20 TEASDALE CIRCLE NANTUCKET, IlASS. 02664 (608) 228-9026 GRAPHIC SCALE I o' I I 20' 40' l 80' I 120' ~o"\ ai-O ~ OWNER'S REFERENCE CERT. OF' TTTZ.E: zogJ7 LOTS AJ,C.J . BJ LAND COURT PIAN '4029-,l, DEED BK. 85l PG. 245 ASSESSOR'S MAP 4J PARCEL S 45,49 ct 50 B6178 / TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE A Public Hearing ofthe NANTUCKET ZONING BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, MARCH 12,2004 in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: CARY M. SCHWARTZ AND ELAINE L. SCHWARTZ BOARD OF APPEALS FILE NO. 013-04 Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By- law Section 139-33A (alteration/expansion ofa pre-existing nonconforming structure/use). Applicants propose to alter the use of an existing attached garage/storage structure by converting the use to interior living space in connection with the existing single-family dwelling to the rear. There would be window and door changes but there would be no expansion ofthe garage structure. As part of the renovation, a new porch area would be added to the rear of the garage that would be attached to the northeasterly side of the dwelling, a small portion of which would be constructed within the required 35-foot front yard setback area but sited no closer to the front yard lot line than the existing structure as the entire porch is situated behind the garage. In addition, the Locus is nonconforming as to lot size with the Lot containing about 27,032 square feet of area in a district that requires a minimum lot size of 40,000 square feet; and as to ground cover with the Lot having a ground cover ratio of about 10.5% in a district that allows a maximum ground cover ratio of 7%. The Premises is located at 50 MONOMOY ROAD, Assessor's Map 43, Parcels 45,49 and 50, Land Court Plan 14029-A, Lots A-3, B-3 and C-3. The property is zoned Limited-Use-General-l. v1AOW~lve~ Nancy 1. Sevrens, C irman THIS NOTICE IS A V AILABLE IN LARGE PRINT OR OTHER ALTERNATNE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. FEE: $300.00 NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 APPLICATION FOR RELIEF CASE NO.fj (') -6 i Owner's name(s): Can' M. Schwartz and Elaine L. Schwartz Mailing address: 36 Post House Road. Morristown. NJ 07960 Applicant's name(s): same Mailing address: same Locus address: 50 Monomov Road Assessor's Map/Parcel: Map 43. Parcels 45. 49 & 50 Land Court Plan No.: 14029-A Lot No.: A-3, B-3, and C-3 Date lot acquired: 10/14/03 Deed Ref.lCert. of Title: 853/245 and Cert. 20937 Zoning District: LUG-l Uses on Lot- Commercial: None~ Yes (describe) Residential: Number of dwellings-L.. Duplex_ Apartments Building Date(s): All pre-date 7/72? yes or Building Permit Nos: 5204-87 (french doors) Rental Rooms - C of O(s)? Previous Zoning Board Application Nos.: none State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities: See Addendum A d .p,.. -; ~l . '4 -.-, rr1 CD N .p,.. '0 1'-..) . . --" \.0 I certify that the information contained herein is substantially complete and true to the best of my knowledge, under t pains and penalties of perjury. Cary M. Sch t n Elaine L. Schwartz, by their attorney, Melissa D. Philbrick Applicant Attorney/Agent X (If not owner or owner's attorney, lease enclose pr of of agency to bring this matter before the Board) 'Ai FOR BA FFICE USE Application received on:'2.; ()/~ By:' Complete: Need copies?: . ~ Filed with Town Clerk: t?--/~t/{)tplannm,g Beard._1 1_ BuIldIng Dt:pt.._/ ~ Btrc.eJ.J Fee deposited with Town Treasnrer: J-/Z~ty: IjrWWaiver requested?: . Granted:~~--:- Hearing notice posted with Town Clerk:~ /Q0Mailed: -2!~()ch&M: '2/ C/.PI0f & 3/1-/.d!j Hearing(s) held on:~_/_ Opened on:_/_/_ Continued to:_/_/_ Withdrawn?:_/_/_ DECISION DUE BY:_/_I_ Made:~_I_ Filed wIT own Clerk:_/_I_ Mailed: 1 1 --- DECISION APPEALED?:_I_/_ SUPERIOR COURT: LAND COURT Form 4/03/03 ADDENDUM Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33A (alteration/expansion of a pre-existing nonconforming structure/use). Applicants propose to alter the use of an existing attached garage/ storage structure by converting the use to interior living space in connection with the existing single-family dwelling to the rear. There would be window and door changes but there would be no expansion of the garage structure. The garage is currently sited as close to the front yard lot line along Monomoy Road as ten feet. Lot A-3 contains about 27,032 square feet of area and the existing ground cover ratio is about 10.5%, in a district that requires a minimum lot size of 40,000 square feet and a maximum ground cover ratio of 7%. No increase in ground cover is proposed. The Applicants' proposal to renovate the building and change its use includes constructing a new foundation and new porch area (that does not count for ground cover) along the northeasterly side of the existing dwelling as shown on the attached plan prepared by Blackwell and Associates. One end of the new porch would be constructed within the required 35-foot front yard setback area, though no closer to the front yard lot line than the existing structure, as the entire porch is located to the rear of the garage. CURRENT ,ZOl'lING ClASSIFlCA11ON: A Umlted U.. General 1 (loU.G.-l) /:,,'i;J IlINIIlUIl LOT SIZE: 40.000 s.r. "'~.. =~~~ 1~~. /'...r( REAR/SlDE SElllACK: 1 D FT. , GROUND COYER X: ~? lUNTUCIa'l' ' 1lARBOR /~ "'..~ ~' ,"" / , UGEND ~y' ;/' /' ~. I' /' ~~' /' ~o/' -?l, / <:> DENOTES CONCRF:rE BOUND W/DRIUHOLE FOUND LOT C3 A=5881 ::tS.F. I II 4J-4J N/F LEINBACH / / / /' 4J-48 N/F FRAZICR EXlSTlNG BAY WINDOW TO BE RELOCAlED SITE PLAN TO ACCOMPANY ZONING BOARD OF APPEALS APPUCATION in Nantucket, MA Prepared For CARY Jl. SCHWARTZ ELAINE L. SCHWARTZ #50 MONOMOY ROAD Scale: 1 "=40' Feb. 12, 2004 BLACKffELL cmd ASSOCIATES, Inc. ProJessicrna.l Land Surueyors 20 TEASDALE CIRCLE NANTUCKET, JlASS. 02554 (508) 228-9026 GRAPHIC SCALE I I I I I o' 20' 40' 80' 120' ~o~ ~o~ O~() j OWNER'S REFERENCE CERT. OF TTTlE: 209J7 LOrs AJ'.CJ ~ 8J lAND COUf(T PlAN t4029-A DaD BK. 85J PG. 245 ASSESSOR'S MAP 43 PARCEL S 45.49 4c 50 B6178 / Feb 17 04 05:25p pHilbrick ~ aver~ IIp 228 5155 p.2 ':~ ' AFFIDAVIT OF HARRISON S. FRAKER I I, HARRISON S. FRAKER, residing at 1 -Gardner Court, Nantucket, Massachu~etts, depose and say: 1. I have been a summer resident of Nantucket every year since I was born in 1917, except for periods during World War II. I have been a legal resident of Nantucket since 1974. Prior to my retirement, I was active as a real estate broker in Nantucket. 2. I have been familiar with the property situated at 50 Monomoy Road, Nantucket (the nproperty"), since 1940. The owners of the Property, thefi and until it was sold in 1986, were members of the Burt family. I visited the Property frequently throughout this period, tor social occasions and in connection with boating activities. When the Burts sold the Property in 1986, I was the listing broker. 3, I have also visited the Property frequently on social occasions since it was purchased by Richard and Susan Matthews in 1986. 4. I have examined the site plan of the Property, entitled "Mortgage Inspection Plan", by Blackwell & Associates, Inc., dated November 4, 1999 (the "Blackwell Plan"). The "Existing Dwelling" upon the Property has been in the locar_ion and configuration shown upon the Blackwell Plan throughout the period ;- during which I have been familiar with the Property. Specifically, the portion of the dwelling, containing a garage, which is within the required 35' front yard setback from Monornoy Road, and-extends to a point about 10.5 feet from Monomoy Road, has been in its present location and configuration throughout this period. Executed and sealed on 1J;'/{ SePtember~: 2003. ~~~ fl. // ftl1iJA(fJ .~:(/L-; Ham:- on 'S. r ~,i ~. Nantucket, SSe COMMONWEALTH OF MASSACHUSETTS September ~5pS 2003 . ;" ~...; ..>.; h ~ i Then personally appeared the above-named Harrison S. Fraker, and made oath that the statements contained in the foregoing affidavit were true and were made of his ~~LSersonal knowledge, before me, ~- r.} fL, ?). / -~LM- No ary Public F, \WpM\MATTKl>WS\RIC'\l.lUUl\MonOlnoy\Fraker a!fidav1 t _ doc Printed e: My commission expires: LEIGH M. TOP11AM Notary, Public; I.tt Commission ~ Janval)' 02 2009 Feb 17 04 05:25p .'~","-- . ...::~,:;;j -i;~. M'=~~ pHilbrick & aver~ IIp 228 5155 p.3 ONLY ORIGINAllY STN.fPED AHO ENOORSED COPIES OF THIS PlAN SHALL BE ACKNOWLEDGED BY THE CERTIFYING lAND SURVEYOR ~ NORTH --- ZORIN6 CLASSIFICATION: LUG 1 EXISTING: (LOr AJ) ~~,P;3;3:r.~, S,E.E. P/-flN, 5.E.E. p./.IIN. s.c.E. P.L/'.N, }9:~'P:;!:. , MIN, AREA: . . .1q.PPP~f. . , M'N. fROm AGE, ,1, qQFJ: . . , , FRONT YARO S,B.: :)$f[ , , . , , REAR '" SJ()[ S.B; JOfT, . , , GROUND COVER \%): 7%. . . . . --- GRAVfL , DRIVEWAY 4.3-44 n/f LONG 54-5 n/f FRAZIER O j>-:O ~ . I,r ~ :00 00~O. "'ZONEX: ARfA OUTSIDE SOOYR FLOODPLA/.N MOOT~AGE .CTDlI\A~ R NA.~ltKET, MA~S. SCAlE: 1"= 40' DATE: 11-4-99 Owner: ,RtCHARD L. MATTHEWS & 'SUSAN' W.' 'MATTHEWS" , , . , . . , , . . . . . , , '(L.o'rs AJ"'CJ)' . DeedjCert.: .c.. . 1. Z, P9:), Pion: ~.c;- 14.0~!t"7A. . . Tox Mcp:4:J-:45.&4.9 Locus#;59. M9NOMo.y. RO TO: . . NANTVCKU. . . , . . . , , , . . . . . . . , . SANK. . . , . . . , . . AND 'NO OTHERS. I CERTIfY, TO THE BEST (1f' tJY KI\'(lY!tf.I)Gf. TfJ):r Tf'f. P~~MISES SHOWN ARE LOCATED IN flOOD ~ ZONE; *. .x. . , . , DEUNEATEO ON F.l.RJ.t / COMUUt-ITY PANEl NUMBER: 250230-00 . .1.1, , . D, BY 1lJE FEDEAAL EMERGENCY MA~.AGEMENT ~r,ENCY. EfFECTIVE DATE OF MAPS: JUNE 3, 1986 AND AS PERIODICAllY RI:VlsrO. THIS INSPECTION PlAN WAS PREPARED FOR UORTrJ.GE PURPOSES ONLY AND IS NOT TO BE COHSilEREO A fUll INSlRUMENT SURVt'Y. THIS PLAN SHOULD tlOT BE USED TO ESTABliSH PROPERTY L1NfS. FENCES. HEDGES OR NiY ANCIllARY STRUCtURES ON THE PREMISES. TliE PROPERTY L1NrS SHOWN RELY ON CURRENT DEf:OS AND PlANS OF RECORD. TliIS INSPECTION PIAN IS NOT A CERTIFICATION AS TO THE mil: OR OWNERSHIP OF THE PROPERlY SHOWN. OWNERS Of ADJOINING PROr>tRnES ARE SHOWN ACCORI)JNG ro CURRENT TOWN OF NANTUCKET ASSESSOR RECORDS. THIS PlAN SHAlL NOT BE USED FOR f.Ni OTHER PURPOSE OTHER lHAN ITS INTENDED USE STATED ABfNE. Nantucket, J((JS3fJChwetts 02554 C llaekwell 4: Associalet Inc. INOT TO BE RECOROED I FBK.: B 108 22 (608) 2Z8-i026 B 5492 BLACKfELL t ASSOCIATES, I'M. Pro/uliontll Land S"",.,., 20 TEASDALE CIRCLE " ~.JoO RECEIVED BOARD OF ASSESSORS JAN 1 3 2004 TOWN OF NANTUCKET, MA Town of Nantucket ZONING BOARD OF APPEALS LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF PROPERTY OWNER.. ~....<:... f.;rf<;~~... re. ~0d:z-......... MAJL~G ADDRESS cp. ~(~~ .~.!:z................ PROPERTY LOCATION.................. ......... ..~... ...... .:"................. ASSESSORS MAP/PARCEL... ... ...r.;!./-'(F;..Y.'l.c~ P..,...... ...... APPLICANT..,... .S~b......,......,...................................... SEE ATTACHED PAGES I certify that the foregoing is a list of 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, all as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section II Zoning Code Chapter 139. Section 139-29D (2) ~.. <t. .::?tJ.o. t/ DATE .... ..........t24AJ ASSESSOR'S OFFICE Town of Nantucket '\. I-' "- I-' ... "- '" o o UlU1U1U1U'1U1~.".."'.. :r; ........WWWWWWWW 01 '" ................-.JO'lUlU'l......".. l"" UlUlN.... 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