The URL can be used to link to this page

Home My WebLink About054-04 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554g - Date: ~~~<'~\~, wo,-/ :::9 ;-..J <':) To: Parties in Interest and, Others concerned with the ~ Decision of the BOARD OF APPEALS in the Application of the following: :/J rT1 --0 Application No.: 0--0 Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket ~own 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: J "'- Toyn Clerk Plfnning 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); ~139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. ,~""" 7 NANTUCKET ZONING BOARD OF APPEALS One East Chestnut Street Nantucket, Massachusetts 02554 Assessor's Map 42.2.4, Parcel 6 21 Commercial Wharf Residential-Commercial Land Court Plan 27017-A (No lot number) Cert. of Title No. 18107 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, August 13, 2004, at 1:00 P.M., in the Conference Room, in the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the following Decision on the Application of RICHARD G. COREY, as Trustee of COMMERCIAL WHARF NOMINEE TRUST, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 054-04: 2. The Applicant is seeking MODIFICATION of the SPECIAL PERMIT relief granted in Board of Appeals File No. 039-98, which validated existing ground cover and setbacks, and allowed alterations to the existing single-family dwelling upon the Locus. The Applicant proposes to construct a second-story addition entirely within the existing footprint, without increasing the nonconforming ground cover ratio. The addition would in part be located within the portions of the structure that lie within the required five-foot side and rear yard setback areas. The Locus is nonconforming as to ground cover ratio, being about 73% in a zoning district in which the maximum ground cover ratio for a undersized lot is 30%; as to lot area, containing about 1,294 square feet, with the minimum in the district being 5,000 square feet; as to side and rear yard setbacks, with the structure being sited as close as about 2.8 feet from the westerly side lot line, with zero setback from the easterly side lot line, and with zero setback from the rear lot line, with the minimum side and rear yard setback in the district being five feet; and as to parking, with the Locus containing no conforming on-site parking space. See Board of Appeals Files Nos. 032-73, 039-98 and 018-04. The locus is situated at 21 COMMERCIAL WHARF, Assessor's Map 42.2.4, Parcel 6, is the land shown upon Land Court Plan 27017-A, and is situated in a Residential-Commercial zoning district. 3. Our Decision is based upon the Application and accompanying materials, and representations and testimony recei ved at our public hearing. The Planning Board made no recommendation, finding no matter of planning concern. Except for the presentation by the Applicant's representatives, there 1 was no support or opposition presented at the public hearing, in person nor by correspondence. 4. Applicant, through his representative, stated that the structure upon the Locus was constructed pursuant to the granting of a Special Permit by the Board of Appeals in the Decision in File No. 032-73, which allowed ground cover in excess of the maximum then allowed. The Decision of the Board of Appeals in File No. 030-98 allowed the expansion of this ground cover from about 65% to about 73%, also by Special Permit; no Variance relief has been granted with respect to the Locus. Whether or not Variance relief was required or appropriate, the Board of Appeals Decisions granting the present ground cover by Special Permit were never challenged and stand. In the Decision in File No. 018-04, the Board of Appeals denied (by a vote of two members in favor, and two opposed) the Applicant's request for either a Variance or Modification of the existing Special Permit, to authorize a second-story addition which would in part have been over a portion of the dwelling which did not constitute ground cover, and thus increasing the ground cover ratio further. The Applicant now presents a new and different Application, to enlarge the second story of the dwelling entirely in areas over existing ground cover, so that the calculated ground cover upon the Locus would not change. The proposed addition has been approved by the Nantucket Historic District Commission ("HDC") under its Certificate of Appropriateness No. 43,887. 5. Considering the small size of the proposed addition, and the fact that it would not increase any existing nonconformity nor create any new nonconformity, with the changes being limited to extensions within the existing nonconforming footprint, the Board of Appeals, by UNANIMOUS vote, made the finding that the proposed second-story addition would be in harmony with the general purpose and intent of the Zoning By-law, and would not be substantially more detrimental to the neighborhood, and GRANTED the requested MODIFICATION of the existing SPECIAL PERMIT, subject to the condition that the work be done in substantial conformity to the plans approved by the HDC under Certificate of Appropriateness No. 43,887, as may be amended from time to time. 2 (054-04) Dated: sePtember~, 2004 F:\WpC\Corey\ZBA DEC 054-04,doc 3 ~~~~ ~.V Mich fe- ~ ~ Edward J. Sanford TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET 0 NANTUCKET, MASSACHUSETTS 02554 ,-,,, PHONE 508-228-7215 FAX 508-228-7205 ;.,,) <_/\ NOTICE 'J , , ) "1 ::,'"\ A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will 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 of the following: RICHARD G. COREY AS TRUSTEE OF COMMERCIAL WHARF NOMINEE TRUST BOARD OF APPEALS FILE NO. 054-04 Applicant is seeking a MODIFICATION of SPECIAL PERMIT relief granted in the Decision in BOA File No. 039-98, which validated existing ground cover and setbacks, and allowed alterations to the existing single-family dwelling. Applicant proposes to construct a second story addition entirely within the existing footprint without increasing the nonconforming ground cover ratio. The addition would in part be located within the portions of the structure that lie within the required side and rear yard setback areas of five feet. The Locus is nonconfonning as to ground cover ratio, with the Lot containing about 73% ground cover ratio in a district that allows a maximum of 30% for undersized lots; as to lot size with the Lot having an area of about 1,294 square feet in a district that has a minimum lot size requirement of 5,000 square feet; as to side and rear yard setbacks, with the structure being sited as close as about 2.8 feet from the westerly side yard lot line, at zero feet from the easterly side yard lot line, and at zero feet from the rear yard lot line in a district that requires a minimum of a five-foot side and rear yard setback; and as to parking with the lot containing no confonning parking space on site. See also BOA File Nos. 032-73, 039-98 and 018-04. The Premises is located at 21 COMMERCIAL WHARF, Assessor's Map 42.2.4. Parcel 6, Land Court Plan 27017-A. The property is zoned Residential-Commercial. Nd~~~ TillS NOTICE IS A V AILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. 7J 1';1 .:'> ;1 -,.. . 1 cJ NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 CASE NO.CJr-i -04 FEE: $300.00 APPLICATION FOR RELIEF Owner's name(s): Mailing address: Applicant's name(s): Mailing address: Locus address: Richard G. Corey, as Trustee of Commercial Wharf Nominee Trust c/o Reade, Gullicksen, Hanley & Gifford, LLP Same 6 Young's Way, Post Office Box 2669, Nantucket, Massachusetts 02584 21 Commercial Wharf Assessor's Map/Parcel: 42.2.4-6 Land Court Plan/Plan Book & Page/Plan File No.: 27017-A Lot No.: None (all land on plan) Date lot acquired:_I_I_ Deed Ref.!Cert. of Title: 18107 Zoning District: R-C Uses on Lot - Commercial: None~ Yes (describe) Residential: Number of dwellings-L Duplex_ Apartments_Rental Rooms Building Date(s): All pre-date 7/72? x or C ofO(s)? Yes Building Permit Nos: Previous Zoning Board Application Nos.: 032-73; 039-98; 018-04 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 attached addendum. I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains a enalties of per. ry. SIGNATURE: Applicant Attorney/Agent x (If not owner or owner's a orney, please enclose proof 0 agency to bring this matter before the Board) FO ZBA OF ICE USE Application received on:~1fllBY: Complete: Need copies?: Filed with Town Clerk:2t~O 'P-Iallllillg RaRrd.:-'_/ Building D\:pl.._/_~ By: ~ Fee deposited with Town Treasurer:2!zMlmBy:~ver requested?:_Granted:_I_I_ Hearing notice posted with Town Clerk:--"2I ){bIOcfMailed:~/~/r:2!iI&M:2JJ!lj:!!f. & ~I C/~ Hearing(s) held on:_I_I_ Opened on:_I_I_ Continued to:_I_I_ Withdrawn?:_I--'_ DECISION DUE BY: 1 1 Made: 1 1 Filed wffown Clerk: 1 1 Mailed: 1 1 --- --- --- --- DECtSION APPEALED?: 1 1 SUPERIOR COURT: LAND COURT Form 4/03/03 ADDENDUM The applicant requests a Modification of the existing Special Permi t issued in File No. 039- 98, to permit construction of a second story addition, entirely within the footprint of the existing structure and not increasing ground cover. The present ground cover is about 950 square feet, with the lot area being about 1,294 square feet, for a ground cover ratio of about 73%, as permitted by the existing Special Permit. The addition will be located in part within the portions of the structure which lie within the required side and rear yard setback areas of five feet. The locus is nonconforming as to ground cover ratio, with the maximum for an undersized lot being 30%; as to lot area, with the minimum in this district being 5,000 square feet; as to side and rear side yard setbacks, with the structure being sited about 3.1 feet at the closest point from the westerly side lot line, with zero setback from the easterly side lot line, and with zero setback from the rear (southerly) lot line, in a district that requires minimum side and rear yard setback of five feet; and as to parking, with no conforming parking space being provided (the parking space now provided being situated only partially within the Locus, and partly within the roadway layout of Commercial Wharf) . None of these additional nonconformities would be affected by the proposed addition. This application differs from the application in File No. 018-04, which also sought relief to permit construction of a second-story addition, in that the prior application requested an increase in ground cover, while the present application is for work that would not result in any change in ground cover, being limited to upward expansion within portions of the building already counted as ground cover and lying within setback areas. F:\WpC\Corey\2004-02 ZBA APP.doc Jf :;, DO Town of Nantucket RECEIVED BOARD OF ASSESSORS JUN 0 1 2004 TOWN OF NANTUCKET, MA ZONING BOARD OF A~PEALS LIST OF PA.RTtES IN rNTEItEST rN WE MAlTER OF mE PETITION OF' PROPERTY OWNER.....~...~.q,~.::r.:~ ..~ .~.........Wd ~ MAILING ~DciREss..... ..~.. ..'~~:H.t?". ......, ....... ,........" ........ ..... ~~.Ttv.Sr PROPERTY LOCAiION...........~.~......~~.~~..~. A.SSESSORS MAPIPARCEL... .,., ~.~:.~.:.~, ::-,,':1.. ...,............ ....".... '.... APPLlCANT...I(~(, G.~'~Ua.~..Gt..'ff:v.d..4t. ..., SEE AITACHED PAGES I certify that the foregoing is a list of persons who are OWrlCl'1 of abuning property, ownm of . land direclly opposiu: on any public or privlte street or way; and abuners Qf the abutters and all other land~wners within 300 feet of the property line of owner's property, all as they appear on lh~ mOst reeenl applicabl~ tax list (M.G.L. c. 40A, Section 11 Zonini: Code Chapler 139. ' Section 1 39-29D (2) , r~/...,q?Jqtj DATE' ;:?~.0~ ASSESSOR'S OFFICE Town of Nantllckel ~ I .. .., .. r- r- .. '" '" .. '" .. .. ... '" .. 0 Oll r- Oll .. .. Oll 0 '" Oll '" Oll Oll Oll Oll Oll '" P. Oll l'l Oll r- r- Oll .... Oll Oll Oll Oll Oll Oll .., Oll '" 'M '" Oll '" '" '" '" '" .... '" .... '" '" N ~ N .... W .. 0 ..~O 0 0 0 0 0 0 0 0 0 0 0 0 '" .. ~ 5 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ >< ~ ~ '" ., .. 0. '" G G 0: .. .. ~ ~ .. ~ f4 P E-t E-t E-t f4 .. t! t! 0 ~ t! t! ~ t! t! t! t! .. z '" U U i U 0 U 0 U U U Ul U [;l 0 ~ ~ ~ ~ ~ ~ ~ ~ iI ~ ~ ~ ~ ! ~ .. U '" Z .M 0 H U III [;l z [;l z z "z :0: ~ ~ ~ " ~ '" . 'M .... i .. .. t! 0: 0: a Ii! .. .. " " Ii! ., " CD iii = II: 3 ~ e S S ~ ~ i ~ : ~"o:~~l:ia"~ i .. '" ~ Ii: rill:l u tl.. IlC 2:S;Wl~~~~~2 t! H 0: " '" '" '" ua .., '" .., .... on.... ......, .... ., >< >< tl ~ ~ Ii! .... ~ t; tl ~ :.1 ~ )< t; a ~ t! tl ~ .. 1tI0000 0 N Pt AI AI AI ('If (I') (!J ~~ en H He-. en~ P<:U 1<10 e-.e-. !j!:ij IIIZ ~ a z ~ I " ~ ~ .. .. .. .. .. .. " " ., ., .. .. H H &l &l III III re re .. ~ ~ .. B ~ ~ z ., j fi1 ~ H .. a .. ~ .. .. ~ tl ., o u o 0 -.. -.. u u .. ~ f;l ~ o -.. u u z ~ ~ ~ .. 5 j a j E ~ ., j ~ ~ ~ ~ t; ~ t; a S i .. .. 0 a .. H H ~ ~ ~ .. u., u ~ .. ~ ~ g a H" ~ ~ U ~ U ~ ., H ., ~.. ; ~ ~ ! i ~ ~ ~ ~ I ~ I ~ ~ : a 3HHH::'lH"="UIi!U~o!'J i iillliBmUm .. . !i1 !i1 !i1 !i1 !i1 !i1 .. .. .. .. .. .. .. ., 0 ., ., ., ., .. '" ., ., ~ 'M ~ ~ ~ ~ .. ~ ~ ~ ., ~ ~ z .. 0 .. ~ ~ ~ ~ ~ '" H ~ ~ i ~ 0 ~ f; f; f; !il u 0 z z Z H ,., I I I I ! i lEE E I ... M H = .... E i i i ~ ~ u " . '" on l'l r- !;l on .., '" .... 0 ... l.D (I) 0 .. '" '" '" .... .... .... .... .... .... P)Q)NNNrtl .. :E .M . 0. t> '" 0 ~ '" '- '" ~ M .. 0 0 .... .. r- '" 0 '" .., .., l'l ,., .., .. on r- .... .... .... .., .., '" '" '" '" '" 0 0 N -.. .. .. .. .. .. .. .. .. .. .... .... .... '" '" '" '" rl i '" '" '" '" '" '" '" N '" l'l .., l'l .., l'l l'l .., -.. '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" ... ... .. .. .. .. .. .. .. .. .. .. .. .. .. .. '" Nantucket Boat Basin LLC PO Box 1139 Nantucket, MA 02554 David B. Walker 14 Plumleigh Drive N. Dartmouth, MA 02747 Nantucket Electric Co. c/o Properties Dept 25 Research Drive Westborough, MA 01582 Richard 1. McCready, et al Trsts Winthrop Nantucket Nom Trust PO Box 359 Nantucket, MA 02554 Vangel R & Barbara J. Zissi, Tr C&J Realty Trust 30 Berkshire Road Winchester, MA 01890 Nantucket Boat Basin LLC PO Box 1139 Nantucket, MA 02554 David B. Walker 14 Plumleigh Drive N. Dartmouth, MA 02747 Nantucket Electric Co, c/o Properties Dept 25 Research Drive Westborough, MA 01582 Richard 1. McCready, et al Trsts Winthrop Nantucket Nom Trust PO Box 359 Nantucket, MA 02554 Vangel R & Barbara J. Zissi, Tr C&J Realty Trust 30 Berkshire Road Winchester, MA 01890 William H. Barney, III & Ruth M. Barney 306 Grant Street Troy, OH 45373 David B. & Stephen P. Walker 5 Fair Street Nantucket, MA 02554 Milton & Roberta Rowland 15 Deer Run Road Nantucket, MA 02554 David F. Muller 87 Chestnut Street Boston, MA 02108 Sherburne Associates PO Box 359 Nantucket, MA 02554 Nantucket Commercial St. LLC PO Box 1139 Nantucket, MA 02554 Richard 1. & Elizabeth Pardi c/o Wells Fargo Tax Bills PO Box 569761 Dallas, TX 75356-9 Maria Mitchell Association 2 Vestal Street Nantucket, MA 02554 William H. Barney, III & Ruth M. Barney 306 Grant Street Troy, OH 45373 David B. & Stephen P. Walker 5 Fair Street Nantucket, MA 02554 Milton & Roberta Rowland 15 Deer Run Road Nantucket, MA 02554 David F. Muller 87 Chestnut Street Boston, MA 02108 Sherburne Associates PO Box 359 Nantucket, MA 02554 Nantucket Commercial St. LLC PO Box 1139 Nantucket, MA 02554 Richard J. & Elizabeth Pardi c/o Wells Fargo Tax Bills PO Box 569761 Dallas, TX 75356-9 Maria Mitchell Association 2 Vestal Street Nantucket, MA 02554 -'--.,. , "tt-: \ \ \ \ \ \ ...-.-1 - I - -- - --, -- .,.",.". ~,.,.,.. .---- -. -. ...- .- -...- ~-- ",,-~.' ... B lJ S.l N + -...-......\ -- \ \ ' \ \ \ \ ....-.. \ , \ ) , " ... ...:' . ./. P.llt ;- ,\ \ \ " ". ..# ... ..... NlJ"H T U C JK E l' ., HlJRBOR OLD ITOII& I D&ITIIDY&D I I + ,\ +, 'fl1 fl ~ , " . 1 V. (: t.B. . -- ,-- f"" \ \ \ \ \ \ ii, X ." f \ ~ I J -r I DE'- ...- ,+ -. \ . ...:. .' I , ~:I .. . i.... .,.. ...... . ..... "..;,...-.-;- . , , I i ,I . '1 II1C~B, r fl p.fl1 .' ""'. .~.:. I, I I r f I ; ~ ~ 42.&.1- U REVISION DAIl 'AICEl DAlE '..ICEL 'DAn '..ICEL LEGEND rr:~'-- \ ' r"\ ' n! 1\ 1 ~ t , I ~ ..~--_.."._...-.~-..._.,--_...._--,~...-." ilrLi) ! nn\l :;'. \Ii il : ~ ~~ \ j i~ uL.. i' I MAY 2,8: INFOllMATION SHOWN HEREON W14 COMPILED FROM .AERIAL PHOTOGRAPHS, DEEDS. AND PlANS Of RECORD AND IS NOT TO IE CONSTRUED AS HAVING SUFFICIENT ACCUlt- N:.Y fOR CONVEYANCE. i , I" , <98' -, ,~ ;, I . _.....,,~ .. _. . '.,' ,...._.........._....---~""'~"'li:,.......... ....... (...~ .,......."'''':''" ...........;....- r. t.-:........J.......~.-,.........,..... ... ~... ------ .. . . ..' '; .. ...---.......---....-... ..--.- . . .... ....~.... '. "0.. ...... ..~.._ .._.... ~. .- _....-. '" ..~ '. ..-........ .. .-. .. ".... .".' ........ ".',' " .. .. ~'~Ll '::-:\ J.;..\ OJ c-..J 7- -4: .~ ,_ _d<:::~ '--._--~~ -~-.----"". ~?~f;~~e- "~ .~..~ ~.._.. 00 N .,?:;: <~:=:_=-~ L.'::~~-:::J L ._'~""'__=~ .:.::~ _ ~ ';'.:.:: ~::J C).) ., ," .J