HomeMy WebLinkAbout050-04
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: Oci:vho r Z& ,2001
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To: Parties in Interest and. Others concerned witf14~he
Decision of ,the BOARD OF APPEALS in the Applicat~9n of ~e
following: ~
Application No.:
1'0
o rO - 04 ,~~'
Owner/Applicant: LWrreJl).. {3. 010 ()()/ h~ 'Jf!)io/fl!e-r~
Qlt\d ~ 23 . {j)fSldJO 2iq-'Jt-r~f2:L tR PO fi-i
7rV:;;L I (I(J.f1Ym&!fJu'chafPrr
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 purs~~nt 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.
~
Chairman
cc: Town Clerk
Planning Board
Building Commissloner
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); ~139-32I (VARIANCES)
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 42.3.1
Parcel 96
RC-DT
17 A Washington Street
Plan Book 16, Page 26
Deed Ref. 771/040
At a Public Hearing of the Nantucket Zoning Board of Appeals, originally noticed
for 1 :00 P.M., Friday, August 13,2004, then continued without opening to Friday,
September 10, 2004 to re-notice the Application, and after opening, continued to Friday,
October 15,2004, in the Conference Room, Town Annex Building, 37 Washington
Street, Nantucket, Massachusetts, on the Application ofW ARREN B. MANNING
OWNER, of Bartlett Farm Road, Nantucket, MA 02554, AND FOR 23
WESTCHESTER STREET REALTY TRUST, CONTRACT PURCHACER, c/o
Richard Glidden, Trustee, of PO Box 1079, Nantucket, MA 02554, Board of Appeals File
No. 050-04, the Board made the following Decision:
1. Applicant (Contract Purchaser) is seeking relief by SPECIAL PERMIT
under Nantucket Zoning By-law Section 139-33A (alteration/extension ofa pre-existing
nonconforming structure/use). The Locus contains two structures, a one-story single-
family dwelling and a separate two-story four-unit apartment building. Applicant
proposes to demolish both structures, that currently a have a total ground cover of about
1,138 square feet, and construct one new five-unit building with a ground cover of no
greater than 1,860 square feet, or a maximum of about 57% ground cover ratio. Applicant
is also seeking reliefby SPECIAL PERMIT under Section 139-33E(2)(a) to allow an
increase in ground cover to a maximum of said 1,860 square feet. The current structures
are nonconforming as to rear yard setback requirements and the new structure would be
complying with all setback requirements. The Locus is nonconforming as to lot size with
the Lot containing about 3,299 square feet of area in a district that requires a minimum
lot size of3,750 square feet; as to rear yard setback with the two structures being sited at
about zero feet from the rear lot line in a district that requires a minimum of five feet for
the rear and zero for the front and sides; as to parking, with no spaces provided on site; as
to ground cover with the Lot containing a ground cover ratio of about 39% in a district
that allows a maximum ground cover on a subminimum lot of30% (75% for conforming
lots); and as to frontage with the Lot containing about 20.88 feet along Washington Street
in a district that requires a minimum frontage of35 feet.
The Premises is located at 17A WASHINGTON STREET, Assessor's
Map 42.3.1, Parcel 96, Plan Book 16, Page 26. The property is zoned Residential-
Commercial Downtown.
2. The Decision is based upon the Application and the materials submitted
with it and the testimony and evidence presented at the Hearing. The Planning Board
made an initial negative recommendation for the September meeting. A new positive
recommendation was presented at the October meeting by the Planning Board Senior
Planner Andrew Vorce, who was also present at this hearing to support the Application
and state that there was no intensification of use under the Nantucket Zoning By-law
from going from five "studio" units to five one-bedroom units in a new structure that
would comply with setback, building and frre code requirements. He also supported not
requiring of any parking on the site, as the Planning Board did not favor the backing out
onto Washington Street at that point in the road. There were several letters on file in
favor and none in opposition. A 1957 aerial from the Town records indicated that there
were two structures on the site prior to the 1972 enactment of the Zoning By-law. In
addition to a previous owner's statement that there were five separate dwelling units on
site prior to 1972, Assessor's tax cards were submitted indicating that the current uses
and structures pre-dated 1972. The Board found that the uses and structures were validly
grandfathered.
3. Applicant, through counsel, stated that he proposed to demolish the
nonconforming (ground cover, setback, use) pre-existing single cottage and four-unit
building, and construct a new single structure what would contain five units, complying
with setback requirements. The existing structures are also noncomplying with building
and fire code requirements, and would be brought up to current standards. The existing
units are "studio" units with no separate rooms. The new units would contain one
separate bedroom in each. Applicant stated that there would be no increase in intensity of
use or in the parking requirement with the upgrading of the property. Applicant was also
asking to exceed the maximum allowed ground cover ratio of30% for an undersized lot
by increasing it from about 39% to about 57%, in a district that allowed a maximum of
75% with the grant of a Special Permit. Applicant stated that most of the lots in the
immediate area exceeded ground cover ratio requirements and were noncomplying with
setback and parking requirements. Applicant represented that there would be a substantial
benefit to the neighborhood in that the property would be improved and brought into
compliance with certain code requirements, eliminate setback violations and maintain a
residential use in the commercial downtown area.
4. A simple majority of Board Members expressed concern that changing
from smaller "studio" apartments to larger one-bedroom apartments, with the possible
increase in habitable space and occupancy due to the increase in ground cover and size of
the structure, would be substantially more detrimental to the neighborhood than the
existing nonconformities and an increase in the intensity of use. Two members felt that
this would be a substantial improvement to the neighborhood, not an increase in
nonconformity and supported the arguments proffered by the Applicant in support of the
Application.
5. Accordingly, upon a motion duly made and seconded to grant the
requested relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33A
and 139-33E(2)(a), there were two votes in favor (O'Mara, Toole) and three votes in
opposition (Loftin, Wiley, Murphy). Therefore, relief is hereby DENIED.
(BOA 050-04)
Dated: October ~ , 2004
~bl
Michael J. O'Mara (_
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Edward Murphy
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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
AMENDED NOTICE
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will
be held at 1:00 P.M., FRIDAY, SEPTEMBER 10, 2004, IN THE CONFERENCE
ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket,
Massachusetts, on the Application of the following:
WARREN B. MANNING OWNER, AND FOR 23 WESTCHESTER STREET
REALTY TRUST, CONTRACT PURCHASER
BOARD OF APPEALS FILE NO. 050-04
Applicant (Contract Purchaser) is seeking relief by SPECIAL PERMIT under
Nantucket Zoning By-law Section 139-33A (alteration/extension ofa pre-existing
nonconforming structure/use). The Locus contains two structures, a one-story single-
family dwelling and a separate two-story four-unit apartment building. Applicant
proposes to demolish both structures, that currently a have a total ground cover of about
1,138 square feet, and construct one new five-unit building with a ground cover of no
greater than 1,860 square feet, or a maximum of about 57% ground cover ratio. Applicant
is also seeking reliefby SPECIAL PERMIT under Section 139-33E(2)(a) to allow an
increase in ground cover to a maximum of said 1,860 square feet. The current structures
are nonconforming as to rear yard setback requirements and the new structure would be
complying with all setback requirements. The Locus is nonconforming as to lot size with
the Lot containing about 3,299 square feet of area in a district that requires a minimum
lot size of3,750 square feet; as to rear yard setback with the two structures being sited at
about zero feet from the rear lot line in a district that requires a minimum of five feet for
the rear and zero for the front and sides; as to parking, with no spaces provided on site; as
to ground cover with the Lot containing a ground cover ratio of about 3~,Io in a district
that allows a maximum ground cover on a subminimum lot of30% (75% for conforming
lots); and as to frontage with the Lot containing about 20.88 feet along Washington Street
in a district that requires a minimum frontage of35 feet. The Premises is located at 17A
WASHINGTON STREET, Assessor's Map 42.3.1, Parcel 96, Plan Book 16, Page 26.
The property is zoned Residential-Commercial Downtown.
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THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
AL TERNA TIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
WARREN B. MANNING ONWER, AND FOR 23 WESTCHESTER STREET
REALTY TRUST, CONTRACT PURCHASER, FILE NO. 050-04: Applicant
(Contract Purchaser) is seeking relief by SPECIAL PERMIT under Nantucket
Zoning By-Law Section 139-33A (alteration/extension of a pre-existing
nonconforming structure/use). The Locus contains two structures, a one-story
single-family dwelling and a separate two-story four-unit apartment building.
Applicant proposes to demolish both structures, which currently have a total
ground cover of about 1,138 square feet, and construct one new five-unit building
with a ground cover of no greater than 1,860 square feet, or a maximum of about
57% ground cover ratio. Applicant is also seeking relief by SPECIAL PERMIT
under Section 139-33E(2)(a) to allow an increase in ground cover to a maximum
of said 1,860 square feet. The current structures are nonconforming as to rear
yard setback requirements and the new structure would be complying with all
setback requirements. The Locus is nonconforming as to lot size with the Lot
containing about 3,299 square feet of area in a district that requires a minimum
lot size of 3,750 square feet; as to rear year setback with the two structures being
sited at about zero feet from the rear lot line in a district that requires a minimum
of five feet for the rear and zero for the front and side; as to parking with less
than the required spaces provided on site; as to ground cover with the Lot
containing about 39% ground cover in a district that allows a maximum ground
cover on a subminimum lot of 30% (75% for conforming lots); and as to frontage
with the Lot containing about 20.88 feet along Washington Street in a district that
requires a minimum frontage of 35 feet. The Premises is located at 17 A
WASHINGTON STREET, Assessor's Map 42.3.1, Parcel 96, Plan Book 16, Page
26. The property is zoned Residential-Commercial Downtown.
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ZONING: RCDT
MINIMUM LOT SIZE: 3,750 S.F.
MINIMUM FRONT AGE: 35 FT
FRONT YARD SETBACK:O FT
SIDE YARD SETBACK:O FT
REAR YARD SETBACK:5 FT
GROUND COVER RAnD: 751.
PLOT PLAN OF LAND IN
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEAL~il1
be held at 1:00 P.M., FRIDAY, AUGUST 13,2004, IN THE CONFERENCE
ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket,
Massachusetts, on the Application ofthe following:
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
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WARREN B. MANNING OWNER, AND FOR 23 WESTCHESTER STREET 'l~
REALTY TRUST, CONTRACT PURCHASER (:?
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BOARD OF APPEALS FILE FILE NO. 050-04
Applicant (Contract Purchaser) is seeking relief by SPECIAL PERMIT under
Nantucket Zoning By-law Section 139-33A (alteration/extension ofa pre-existing
nonconforming structure/use). The Locus contains two structures, a one-story single-
family dwelling and a separate two-story four-unit apartment building. Applicant
proposes to demolish ooth structures, that currently a have a total ground cover of about
1,138 square feet, and construct one new five-unit building with a ground cover of no
greater than 1,500 square feet, or a maximum of about 51 % ground cover ratio. Applicant
is also seeking relief by SPECIAL PERMIT under Section 139-33E(2)(a) to allow an
increase in ground cover to a maximum of said 1,500 square feet. The current structures
are nonconforming as to rear yard setback requirements and the new structure would be
complying with all setback requirements. The Locus is nonconforming as to lot size with
the Lot containing about 2,953 square feet of area in a district that requires a minimum
lot size of3,750 square feet; as to rear yard setback with the two structures being sited at
aoout zero feet from the rear lot line in a district that requires a minimum of five feet for
the rear and zero for the front and side; as to parking with less than the required spaces
provided on site; as to ground cover with the Lot containing aoout 39% ground cover in a
district that allows a maximum ground cover on a subminimum lot of30% (75% for
conforming lots); and as to frontage with the Lot containing about 20.88 feet along
Washington Street in a district that requires a minimum frontage of35 feet.
The Premises is located at 17A WASHINGTON STREET, Assessor's Map
42.3.1, Parcel 96, Plan Book 16, Page 26. The property is zoned Residential-Commercial
Downtown. /l/CUA ~ ~
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Nancy 1. Sevrens, irman
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. ct:d-oi
FEE: $300.00
APPLICATION FOR RELIEF
Owner's name(s):
Warren B. Manning
Mailing address: 24 Bartlett Farm Road, Nantucket MA 02554
Applicant's name(s): Richard J. Glidden, Trnstee I 7..3 tu'I1 C~A
Mailing address: 37 Centre Street, PO Box 1079, Nantucket MA 02554
Locus address:_17A Wasington Street Assessor's Map/Parcel:_42.31- 096_
Land Court Plan/Plan Book & Page/Plan File No.:_PI Bk 16, Page 26 Lot No.:_ 4
Date lot acquired:_8_/_20/_02 Deed Ref./Cert. of Title:_ 771- 040_Zoning District:_R-C DT_
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Uses on Lot - Commercial: None_ Yes (describe)
Residential: Number of dwellings_l_ Duplex_ Apartments_ 4_Rental Rooms
Building Date(s): All pre-date 7172?_X_ or C ofO(s)?Jre 1972
Building Permit Nos:
shingle permit
Previous Zoning Board Application Nos.: n/a
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:
Applicant, Contract Purchaser, seeks a Special Permit pursuant to Chapter 139, S33A(4) allowing the alteration
and extension ofthe non-conforming use currently existing on the property. The lot has an area of 2,953 square
feet with 20.88 feet of frontage on Washington Street. There are two buildings on the lot; one building is a single
story, one bedroom dwelling unit and the second building is a two-story apartment containing four (4) apartments.
The existing buildings have a total ground cover of 1,138 square feet and violate rear and side line setback
requirements of the Zoning By-law. Applicant proposes to construct one new lmilding containing five one-
bedroom apartments with a total ound cover not to exceed /,soosql.1are- teet, and said building to be in
compliance with all applicable t-back requirements of the Zoning By-law. Applicant also requests Special
Permit pursuant to Chapter 1 S 33E(2)(a) to allow ';500 square feet of ground cover.
/'
Application received on::JJ 1u/~ By: F
Filed with Town Clerk:( ?Jj;/J p .
Fee deposited with Town Treasure~ aiver requested?:_Granted:-"-"-
Hearing notice posted with Town ClerkQJ ailed: -:]J L2cii&M:~ 22.il/ & :!if ~!2t
Hearing(s) held on:-"-"_ Opened on:-"-"_ Continued to:_/_/_ Withdrawn?:_/_/_
DECISION DUE BY:-"-"_ Made:_/_/_ Filed w/Town Clerk:-"-"_ Mailed:_/-"_
LAND COURT
Form 4/03/03
DECISION APPEALED?:-"_/_ SUPERIOR COURT:
BOOK 771 PAuE 0040
QUITCLAIM DEED
1, Joseph M. Lopes, of 5457 Barlow Terrace, North Port, Fl grant to Warren B.
Manning, of24 Bartlett Farm Road Nantucket, Massachusetts, 02554, for amount of One
Million and Fifty Thousand Dollars (1,050,000.00) with quitclaim covenants the land with
the buildings thereon in the Town and County of Nantucket, Commonwealth of
Massachusetts, bounded and described as follows:
Parcel One
NORTHEASTERLY
by Washington Street twenty and 881100 (20.88) feet;
SOUTHEASTERLY
by land of William D. Granville forty-four and
78/100 (44.78) feet;
NORTHEASTERLY
by land of said Granville thirty-one and 68/1 00 (31.68)
feet;
SOUTHEASTERLY
by land of Byron L. Sylvaro Post #82 American
Legion and by land ofDirkje Lamens forty-nine and
631100 (49.63) feet;
WESTERLY
by land of Harriet W. Backus and by land of
Marguerite M. Barrett seventy-four and 67./100
(74.67) feet;
NORTHERLY
by other land of the grantors shown as Lot 3 on plan
hereinafter mentioned, twenty-five and 681100
(25.68) feet; and
NORTHWESTERLY
by said Lot 3 fifty-six and 2/100 (56.02) feet.
Being Lot 4 on a plan entitled "Land of Nellie and Joseph M. Lopes Nov. 25, 1963 Scale
1"= 20" Josiah S. Barrett, Engr." recorded in Nantucket Registry of Deeds, Plan Book 16,
Page 26.
For my title see deed Book 150, Page 55 at the Nantucket Registry of Deeds.
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Parcel 2
BOOK 771 PAGE 00 41
The Land in said Nantucket together with dwelling house and all buildings thereon, located
at 17 and 17 A Washington Street, bounded and described as follows:
NORTHEASTERLY
SOUTHEASTERLY
NORTHEASTERLY
SOUTHEASTERLY
WESTERLY
NORTIIERL Y
by Washington Street, forty.five and 62/100 (45.62)
feet
fifty (50) feet,
twelve and 5/10 (12.5) feet and
thirty-six and 5/10 (36.5) feet by Lot (2) as shown on
Plan herein after mentioned;
by land of Herbert P. Smith and by land of Chester S.
Barrett, seventy-nine and 09/100 (79.09) feet; and
by land of said Smith, sixty-one and 88/]00 (61.88)
feet.
Being Lot One (1) as shown on Plan of Josiah S. Barrett and recorded in Nantucket
Registry of Deeds, Book of Plans 14, Page 48.
-
BOOK 7 71 PAGE 0 042
Executed and sealed on 2002.
County: Nantucket, ss.
---
STATE OF MASSACHUSETTS
~y ,2002
Then personally appeared the above named, Joseph M. Lopes acknowledged the
furegoing to be his free act aod deed, before me. ~~
Notary Public
My Commission Expires: r~~
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Nantue1W..CQlIJJ:v ~ecelved & Entered
DAtl:~UU i: (): aDZ. TIme: (2) :d~
Attht: ~1.~ RegIster of ClOd.
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NANTUCKET
REG DEEDS 16
NANTUm{ET
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08/20/02 3: 42F'M
000000 "3406
01
FEE
$4788.00
CASH '$4788.00
End of
Instrument
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05/03/2004 14:41 5082280468
ZONING CLASSIFICATION: . .~-.c;..
I.IIN. M/.,F).; . . . . . . . ..6:i:'X? ~ S./f
MIN. fRONTAGE: . . . . . ),' 1"B-t=7""
f'RONT YARD S.B,: . . . /( c:;W~.
RrAR de SIDE S.B.: . . . . , . s: FT."
GROUND CCM:R (Yo): . . . ..5"0.%
PATRICIA HALSTED
PAGE 62
EXISTING:
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TO:.. .Jt1I/7:u.(/.<~i'":.~/<'...... MORTGAGE PLOT PLAN
OF lAND IN
J CERTIFY. TO lHE BEST Of' MY KN()WlEDGE, 1H'.T 'O:l~ PREWISES NANTUCKET MASS
SHOWN ARE LOCATED IN FtDOD HlIZARD ZONE: . '~":. "DELlNE&.1ED '. ; .
ON F./.JUI. / COJ.lU\JNJTY PANEL Nl'M!lER: 2502JO-00. / /, D, BY SCALE: 1~x.zO' DATE:AcU6".16,"';?oO.z
lHE f'tDERAL DlERCENCY' ww,cEAIENl' AGENcY. E'FFrCTNE: DATE
or IW'S: JUNe J, 1986, AND }S PERIODICAlLY REVISED. Owner: ';:;;o..5;~f?,I( /(. ~ !'I:A:(-1/.(!.:,/f': /.-Oas.
THIS Pl.OT PLAN WAS PREPARr" FOR MORTGAGE PURPOSES Deed: 81~ '(/f /""~...:f'o.8. . PJan:df:./f;,;'~ f'p'''{ 4r.t
ONLY AND IS NOT TO BE CONSWf/ID> ~F1JLL INSTRUMENT . IT 8 17A.
SURVEY. THIS PLAN SHOULD NOT BE USED TO ESTABUSH Tax Map:~.:q,I.-.9~~9.7. Locus: 1-W(5.r/~1V<<.
PROPtRTY UNES. FENCES. HEOi~fs Oft Nf'( ANCJLLARY. S-r;(U''''';-'-
STRUCTURES ON THE PREMISES. THE PROPERTY UNCS SHOWN CHARLES W. HART & ASSOCIATES, Inc.
RELY ON CURRENT DEEDS ).ND f'LANS OF RECORD.
THIS Pl.OT PlAN IS NOT A CER'IIi=1CATION AS TO THE TInE OR . SANFORD BOAT BUILDING
OWNERSHIP OF THE PROPERTY S40WN. OWNERS OF' ADJOINING 49 SPARKS AVENUE
. PROPERTIES ARE SHOWN ACCORDING TO CURRENT ASSESSOft NANTUCKET, IUSS. 02554-
I Rf:COROS OF' THE'TOWN OF' NANi1JCKE:T. (50a) 228-8910 H /"Z?O
NOT TO 8E RECORDfD,. -<P,;,/'&-
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