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. ~;:"
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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
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MIN"'UW LOT SIZE: 40.000 s.r. -':$"
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REAIVSIDE SET1IACK: 10 FT. ,
GROONo COYER X: 7X.4-
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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
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20' 40'
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120'
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~ 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
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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
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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. "'~..
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REAR/SlDE SElllACK: 1 D FT. ,
GROUND COYER X: ~?
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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
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o' 20' 40' 80' 120'
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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
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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. ~~~
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ftl1iJA(fJ .~:(/L-;
Ham:- on 'S. r
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Nantucket, SSe
COMMONWEALTH OF MASSACHUSETTS
September ~5pS 2003
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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
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pHilbrick & aver~ IIp
228 5155
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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
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LONG
54-5
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FRAZIER
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"'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
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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
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