HomeMy WebLinkAbout040-04
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
~
21
, 2 (f:j'f
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
fol.lowing:
Application No.:
04/)/0 i
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bwner/Applicant:
E. JemlS-a(1
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.
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cc: Town Clerk
Planning Board
Building Commissioner
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME
LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING-TO NANTUCKET
ZONING BY-LAW ~139-30I (SPECIAL PERMITS); ft139-32I (VARIANCES)
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ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
Assessors Map 65
Parcel 23.2
LUG-2/R-2
195-197 Hummock Pond Road
LC Plan 28915-A
Plan File 47-0
Deed Ref. 865/40
At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1:00 P.M.,
Friday, April 2, 2004, in the Conference Room, Town Annex Building, 37 Washington
Street, Nantucket, Massachusetts, on the Application ofthe MICHAEL S. AND
KRISTINA E. JEMISON, of 11 55 Reading Building, Wyomissing, PA 19610, Board of
Appeals File No. 040-04, the Board made the following Decision:
1. Applicants are seeking a MODIFICATION of SPECIAL PERMIT relief granted
in the Decision in BOA File No. 043-96, which allowed alterations to the single-family
dwelling with a maximum ground cover of about 2,225 square feet. Applicants are asking
the Board to alter and expand the dwelling up to a maximum ground cover of about 2,489
square feet, and/or a ground cover not to exceed 2,500 square feet, as allowed in the
existing condominium document for this unit. The Locus is nonconforming as to number
of units with the lot containing three separate single-family dwellings in a district that
allows a maximum number of two dwelling units on one lot. The Lot is also
nonconforming as to frontage. The Lot is conforming as to ground cover and would
continue to meet ground cover requirements after the expansion. The previous Decision
did not restrict the ground cover on the Lot as a condition. However, it contains a chart in
paragraph #3 that specifies the ground cover for all three units.
The Premises is located at 195 - 197 HUMMOCK POND ROAD, UNIT #2,
Assessor's Map 65, Parcel 23.2, Land Court Plan 28915-A, and Plan File 47-0. The
property is zoned Residential-2 and Limited-Use-General-2.
2. The Decision is based upon the Application and the material submitted with it and
the testimony and evidence presented at the Hearing. The Planning Board made no
recommendation. There were two letters on file from the owners of Unit #1 and Unit #3
that supported the raise in ground cover for this unit to a maximum of2500 square feet,
stating that this was "exactly what is allowed by the Condominium documents".
3. The Applicants, through their representative, stated that the property was
benefited by previous grants of Special Permit relief in the Decisions in BOA File Nos.
043-96 (subject Unit #2),050-97 and 044-96 (Unit #3), and 057-98 and 042-96 (Unit #1).
The property is nonconforming as to the number of dwelling units allowed on one lot,
having three separate single-family dwellings, in a district that allows a maximum of two.
Though all alterations, which were the subject of the previous Decisions, were
conforming, relief is necessary to alter or expand any of the units. Applicants are now
before the Board to ask that the maximum ground cover allowed for Unit #2 be modified
to be 2500 square feet. In the Decision in BOA File No. 043-96 a list ofthe then existing
and proposed ground cover figures was contained in evidentiary paragraph # 3 and not
specified in paragraph #4 as part of the conditions. Applicants' unit was allowed to
expand the ground cover to a maximum of2225 square feet in said Decision. The
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property has been transferred to new owners who are proposing to change the approved
plans but did not have a new design as of the date of the public hearing. Applicants
represented that each condominium unit is allowed in the condominium documents to
construct up to a maximum ground cover of2500 square feet and the Applicants are
asking for the Decision to be modified to be consistent with this figure.
4. Based upon the foregoing, the Board finds that the Modification of the Decision
in BOA File No. 043-96 to allow up to a maximum ground cover for Unit #2 of2500
square feet without further relief from this Board, would not be substantially more
detrimental to the neighborhood than the existing nonconforming situation, especially
given the large size of the Lot and the location of the structures interior of the Lot. The
Board further finds that there would no increase of any of the existing nonconformities,
as there would continue to be three separate dwelling units on the site and any increase in
ground cover to a maximum of2500 square feet per unit would constitute a ground cover
well below the maximum allowed on the site.
5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested
MODIFICATION of the SPECIAL PERMIT relief granted in the Decision in BOA File
No. 043-96, to allow alteration and expansion of Unit #2 with a maximum ground cover
of2500 square feet without further relief from this Board.
Dated: June Zl, 2004
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C. Richard Loftin
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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 of the NANTUCKET ZONING BOARD OF APPEALS will be held at
1:00 P.M., FRIDAY, JUNE 11, 2004 in the Conference Room, Town Annex Building,
37 Washington Street, Nantucket, Massachusetts, on the Application of the following:
MICHAEL S. AND KRISTINA E. JEMISON
BOARD OF APPEALS FILE NO. 040-04
Applicants are seeking a MODIFICA nON of SPECIAL PERMIT relief granted
in the Decision in BOA File No. 043-96, which allowed alterations to the single-family
dwelling with a maximum ground cover of about 2,225 square feet. Applicants are asking
the Board to alter and expand the dwelling up to a maximum ground cover of about 2,489
square feet, and/or a ground cover not to exceed 2,500 square feet, as allowed in the
existing condominium document for this unit. The Locus is nonconforming as to number
of units with the lot containing three separate single-family dwellings in a district that
allows a maximum number of two dwelling units on one lot. The Lot is also
nonconforming as to frontage. The Lot is conforming as to ground cover and would
continue to meet ground cover requirements after the expansion. The previous Decision
did not restrict the ground cover on the Lot as a condition. However, it contains a chart in
paragraph #3 that specifies the ground cover for all three units.
The Premises is located at 195 -197 HUMMOCK POND ROAD, UNIT #2,
Assessor's Map 65, Parcel 23.2, Land Court Plan 28915-A, and Plan File 47-0. The
property is zoned Residential-2 and Limited-Use-General-2.
N::!;~~
TIllS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
CASE NO. OYCYQG-!
FEE: $300.00
APPLICATION FOR RELIEF
Owner's name(s):
Mailing address:
Michael S. & Kristina E. Jemison
1155 Reading Building
Wyomissing, PA 19610
Applicant's name(s): same
Mailing address:
Land Court Plan/Plan Book & Page/Plan File No.:
Date lot acquired:-12.!-1.2I 03 Deed Ref./Cert. of Title: 865/40
Assessor's Map/Parcel: 0065-0232
Lot No.:
Locus address:
195 Hummock Pond Road
Zoning District: R2 & LUGti!
Uses on Lot - Commercial: None~ Yes (describe)
Residential: Number of dwellings2- Duplex_ Apartments_Rental Rooms
Building Date(s): All pre-date 7/72? X or C of O(s)?
Building Permit Nos: 14]93497
Previous Zoning Board Application Nos.: 043-96
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:
Previous Sepcial Permit in Case No. 043-96 (copy attached) allowed the expansion
of Unit 2 to an approximate ground cover of 2,225 square feet. Appl~atns ':0
purchased property and in completing the work, they revised the p1an.JHDC C~;t.
43448) which, as amended, shows a total ground cover of 2,489 square~eet.:)hey
seek a modification of the previous decision (043-96) so as to al10w,,~ tota},l
ground cover not to exceed 2,500 square feet. Under the conddminiumoaocumen~s,
2,500 square feet is the maximum allowed ground cover to this unit. _~
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SIGNATURE: Applicant Attorney/Agent /
(If not owner or owner's attorney, please enclose proof of agency to bring this matter before the Board)
F[Mzft OFFICE USE _ /
Application received on:5;1iPJD\'/BY: Complete: (/ Need copies?:
Filed with Town Clerk: (" JZk>/f1pnmningBoald;_i-,"_BUndingDept.;-'~~y:~ )
Fee deposited with Town Treasurer5 ~ ~~BY: Waiver requested?:_Granted:-"_/_
Hearing notice posted with Town Clerk: ~ Mailed: {i1f2~K11 I&M: !{ju7 /il & (a /:3 / 0 l/
Hearing(s) held on:~~_ Opened on:~_/_ Continued to:_/_/_ Withdrawn?:_/_/_
DECISION DUE BY:~~_ Made:_/_/_ Filed w/Town Clerk:~~_ Mailed:~_/_
DECISION APPEALED?:_/_/_ SUPERIOR COURT: LAND COURT Form 4/03/03
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settling "of the Building, or (b) alteration or repair to the Common
Elements, or (c) as a result of repair or restoration of the
Building or a Unit after damage by fire or other casualty, or (d)
as a result of condemnation or eminent domain proceedings--a valid
easement shall exist for such encroachment and for the maintenance
of the same so long as such Building stands.
11. EJ9:>ansion of Units. Notwithstanding anything in this
Master'Deed to the contrary, each unit owner may, subject to the
prior written approval of the Trustees of the Gardner Condominium
Trust which approval shall not be unreasonably withheld, either
reduce the size of said unit owner's unit or have an addition built
on to said unit, but only to the extent permitted by the laws of
the Town of Nantucket, subject to the By-laws and Rules and
Regulations of the Gardner Condominium Trust and not expanding the
existing unit more than an additional number of square feet of foot
print which creates a total foot print of not more than twenty-five
hundred (2,500) square feet; provided, however, that such expansion
or reduction shall occupy all or substantially all of the' foot
print existing on the date of the recording of this Master Deed.
The proportionate interest of each unit owner in the Common ]l.reas
and facilities, as set forth in Exhibit wBw, takes into account the
value of any expansion or reduction of a unit in accordance with
this right to expand or reduce. It shall be the responsibility of
any unit owner. who chooses to expand a unit to provide the Trustees
of the Gardner Condominium Trust and each Unit owner with a copy of
the floor plan of the addition and the amendment of the Master Deed
and shall see to the prompt, proper recording of the updated plan
showing the expanded or reduced unit as built, together with an
amendment of this Master Deed, and the amendment to Exhibit WBW
reflecting the changes in the applicable categories. Said
amendments shall be executed by the Unit OWner causing said
expansion or reduction and shall be assented to by said Trustees.
It is understood and agreed that subject to the submission of plans
and document amendments as required hereinabove, each unit owner
may expand or reduce the size and shape of its unit in whatever
direction or shape as allowed by the then applicable zoning and
building requirements of the Town of Nantucket provided that the
size expansion limitations contained
herein not be violated and no encroachment incur on any common
utilities, driveways or structures.
Units Sub~ect to Master Deed. Unit Deed. Declaration of
Trust. an_ Rules and ReQUlations
]1.11 present anq future owners, tenants, visitors, servants,
and occupants of Units shall be subject to, and shall comply with,
the provision of the Master Deed, the Unit, the Condominium
Declaration of Trust, and the Rules and Regulations, as they may be
amended from time to time, and the items affecting the title to the
12.
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