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Home My WebLink About056-04 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date:%~~r ~ d .J:-"" , 2 9f,?tf. ....i LJ -' To: Parties in Interest and, Others concerned with the Decision of the BOARD OF APPEALS in the Application of t~ following: 0 -.J w Application No.: OS'"(.fJ-- 6t{- owner/APPlicant:_Ol,\c~(}e( S. and) f::(,JTh'(X'l C!. Jp (Y) f Son I Ower--s ('){). un r/-df.' 2- cR G-aV'~ n~1 ~r9()ftlll)l()m 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. -t2G~~~~~ 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 g139-30I (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 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 ofthe Nantucket Zoning Board of Appeals, 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 MICHAEL S. AND KRIStINA E. JEMISON, OWNERS OF UNIT #2 OF GARDNER CONDOMINIUM, of 1155 Reading Building, Wyomissing, P A 19610, Board of Appeals File No. 056-04, the Board made the following Decision: 1. Applicants are seeking a MODIFICATION of SPECIAL PERMIT relief granted in the Decision in BOA File No. 040-04, which modified the Decision in BOA File No. 043-96, which allowed a new ground cover of up to a maximum of2,500 square feet, as allowed in the existing condominium document for this unit. The Applicants propose to demolish the existing single-family dwelling and construct a new dwelling with a maximum ground cover of 2,500 square feet. 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 demolition and reconstruction. 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 materials submitted with it and the testimony and evidence presented at the Hearing. The Planning Board made no recommendation. There were no letters on file in favor or in opposition. 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 represented that in April of this year in Case No. 040-04, the Board granted a Modification of the previous Special Permit relief in the Decision in BOA File No. 043-96, allowing Applicant to construct up to a maximum of2,500 square feet of ground cover on this lot. Applicants' intentions at that time were to modify and add on to the existing, partially completed dwelling on the property. Applicants since determined that the existing structure could not be modified to meet their needs, so they now propose to move the existing structure off site or, in the alternative, demolish it, and then construct a new dwelling with a maximum ground cover not to exceed 2,500 square feet. The new dwelling would try to utilize the existing foundation with a small addition. 4. Based upon the foregoing, the Board finds that the Modification of the Decision in BOA File No. 040-04 to allow the existing structure to be removed from the lot and to allow the construction of a new single-family dwelling that would not exceed a maximum ground cover of 2,500 square feet, would not be substantially more detrimental to the neighborhood than the existing non-conforming situation, especially given the large size of the lot and the location of the structure on the interior of said lot. The Board further fmds that there would be no increase in any of the existing non-conformities as there would continue to be three separate dwelling units on the site and any increase in ground cover up to a maximum of2,500 square feet per unit would constitute a total ground cover well below the maximum total allowed on 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. 040-04, to allow removal or demolition of the existing structure on the property known as Unit #2 and construction of a new single-family residence with a total maximum ground cover of up to 2,500 square feet without further relief from this Board. Dated: Qrr-r, 13 ' 2004 (f TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 d PHONE 508-228-7215 .,:;,. FAX 508-228-7205 ::::3 ::1 NOTICE c:::: I N 0'\ ,J u 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 0\ ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: . . ;, ] MICHAEL S. AND KRISTINA E. JEMISON, UNIT NO.2 OF GARDNER CONDOMINIUM BOARD OF APPEALS FILE NO. 056-04 Applicants are seeking a MODIFICATION of SPECIAL PERMIT relief granted in the Decision in BOA File No. 040-04, which modified the Decision in BOA File No. 043-96, which allowed a new ground cover of up to a maximum of2,500 square feet, as allowed in the existing condominium document for this unit. The Applicants propose to demolish the existing single-family dwelling and construct a new dwelling with a maximum ground cover of2,500 square feet. 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 demolition and reconstruction. 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. Nd:J~~ TIllS NOTICE IS A V AILABLE 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. OSb --0 Y FEE: $300.00 APPLICATION FOR RELIEF Owner's name(s):_Michael J. Jemison and Kristina E. Jemison Mailing address: 1155 Reading Building, Wyomissing PA 19610 Applicant's name(s):_Michael J. Jemison and Kristina E. Jemison Mailing address: 1155 Reading Building, Wyomission PA 19610 Locus address:_195-197 Hummock Pond Road, Unit 2_ Assessor's Map/Parcel:_ 65 1 23.2_ Land Court Plan/Plan Book & Page/Plan File No.:_LC Plan 28915-A & 47-0_ Lot No.: Date lot acquired:_12/_12/_03 Deed Ref./Cert. of Title:_865 140 Zoning District:_R-2 & LUG II Uses on Lot- Commercial: None_X_ Yes (describe) Residential: Number of dwellings_3_ Duplex_ Apartments_Rental Rooms Building Date(s): All pre-date 7/72?_X_ or C of O(s)? Building Permit Nos:_14193-97 Previous Zoning Board Application Nos.:_Unit 2 - 043-96; 040-04; Unit 3 - 050-97 & 044-96; Unit 1 - 067-98 & 042-96 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: See Exhibit "A" Attached hereto. I certify that the in rmation contained herein is substantially complete and true to the best of my knowledge, under he pains and penalties of perjury. SIGNATURE: Applicant Attorney/Agent_X_ (If not owner or owner s attorney, please enclose oof of agency to bring this matter before the Board) FO ZB OFFICE USE Application received on::];2/d~ By: Complete: Need copies?: ~ Filed with Town Clerk:-1.iZQy~lanBiRgB6'hd:_/_I_BUilding.uept.;-.' / ~:~. Fee deposited with Town Treasurer'Cl-~.<2.tBy:~aiver requested?:_Granted:_I-"_ Hearing notice posted with Town Clerk:~i?lQl2i Mailed:2!Z7ti1t&M:.:].J2YI(l!f & .p/d/~ Hearing(s) held on:_I_I_ Opened on:_I_I_ Continued to:_I_I_ Withdrawn?:-"_I_ DECISION DUE BY:_I-"_ Made:_I-"_ Filed w/Town Clerk:_I-"_ Mailed:_I_I_ DECISION APPEALED?: 1 1 SUPERIOR COURT: --- LAND COURT Form 4/03/03 Exhibit "A" Applicants, being the owners of Unit 2 of the Gardner Condominium, 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 then obtained further relief from this Board (Case No. 04-040) wherein the Board granted a Modification to the Special Permit to allow alteration and expansion of Unit 2 with a maximum ground cover of 2,500 square feet without further relief from the Board. It was contemplated by the owner that they would renovate and alter the house under construction, however, the ceiling height of that structure will not accommodate their needs. After numerous meetings with the architects, it has been decided that the most feasible approach is to demolish or relocate off-site the existing structure and build a new dwelling with ground cover not to exceed 2,500 square feet. The new structure would comply with all applicable set-back requirements of the Zoning By-law. The Locus is nonconforming as to number of units with the Lot containing three (3) separate dwellings in a district that allows a maximum number of two (2) 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. fINt "4.0'" ) I I~ I oOQ~ /)-~/ ,O?>...~ . I ,jo / I I + I I "C~ ~ if, ~~ T unV e~- CII."i ~. rrhe rlmrlJ NAN~ 1\las~ SHOWN HEREON WAS INFOIlMAT1C;:IAl PHOTOGRAPHs., OEEDS, COMPllEO FROM A AND IS NOT TO IE AND :r~:~~ ~~ ~~G SUFfK:IENT ACCUR- ;i~ fOR CONVEYANCE ~...,~....."'., I 111~m.lII;' 190 , :.~=-= , \. TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: ~ ~I , 2rJj'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.: o LfO/o f lfn1 C~ e1 (5 (] ~ k f/' { .0-I-t nQ Owner/Applicant: :E. SemI Sa(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. -- 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); ~139-32I (VARIANCES) I 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 1155 Reading Building, Wyomissing, P A 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 of 2500 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, reliefis 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 of the 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 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 ofthe 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 of 2500 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 aheration and expansion of Unit #2 with a maximum ground cover of2500 square feet without further relief from this Board. Dated: June Zl, 2004 '~H~~I~ C. Richard Loftin , / ~y~ Edward Toole ~/