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Home My WebLink About064-04 ,.. TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: )JoU~JYJ ~--e( r7 '20ocf To: Parties in Interest and. Others concerned with the Decision of .the BOARD OF APPEALS in the Application of the following: Application No. : Off} i./--O Y :: \...... z /HQ .snaw/(emn Ra1~ ~nq- d J::>. Owner/Applicant: -. . v ~,-,J " LV 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 pursu~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 re~eived within such TWENTY (20) days. (~~~~ f\~Y V t"(l(l S) Chairman 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) 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 27 Parcel 4 Limited-Use-General-3 40 Shawkemo Road Land Court Plan 14311-1, Lot 1 COT 1731 At a Public Hearing ofthe Nantucket Zoning Board of Appeals, held at 1 :00 P.M., Friday, October 15,20034 in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of 40 SHA WKEMO REALTY TRUST, c/o Jenny Scaife, 1015 South Ocean Boulevarde, Palm Beach, FL, 02748, Board of Appeals File No. 064-04, the Board made the following Decision: 1. Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By- law Section 139-33A (alteration/expansion ofa pre-existing nonconforming structure/use). Applicant proposes to raise the roof ridge height of an existing garage structure, said to have been constructed prior to the 1972 enactment of the Zoning By- law, within its footprint without coming any closer to the easterly side yard lot line than the existing structure. The roofridge height would be raised from about 15' to about 23' 1 0" in order to accommodate a studio space on the second level. The Locus is conforming in all respects except as to the side yard setback requirement, with the subject garage being sited as close as about 3.8 feet from the easterly side yard lot line in a district that requires a minimum side yard setback of20 feet. The Premises is located at 40 SHA WKEMO ROAD, Assessor's Map 27, Parcel 4, Land Court Plan 14311-1, Lot 1. The property is zoned Limited-Use-General-3. 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 finding that the matter did not present any issues of planning concern. There were no letters on file. 3. The Applicant, through its representative, stated that it proposes to alter and expand a pre-existing nonconforming 3-car garage, which is shown in its present location and configuration in photographs presented by the Applicant from the early 1960's. Applicant represents that the structure and the separate single-family dwelling were constructed about 1957, at a time prior to the 1972 enactment of the Nantucket Zoning By-law, and was thus validly grandfathered. Applicant proposes to raise the roofridge height ofthe garage structure from about 15 feet to about 23 feet 10 inches to provide a second floor studio space that would not be used for human habitation. The increase in height would take place within the required easterly 20- foot side yard setback area without coming any closer to the lot line than the present structure. Applicant stated that the Locus consisted of about nine acres and the garage structure is sited more than 700 feet from Shawkemo Road, which would mitigate any impact due to the upward expansion of the structure. In addition, relocating the garage on the Lot would be difficult given the documented wetlands present that would restrict buildable areas of the lot. The garage has existed in its present location for at least 35 years without comment. 4. Based upon the foregoing, the Board finds that the raising of the roof ridge height to about 24 feet would have little impact on the area and be in harmony with the surrounding area. In addition, the Board finds that there would be an increase of massing within the required side yard setback areas, but said second-floor addition would not come any closer to the easterly side yard lot line than the existing structure, and it wQul<l not be substantially more detrimental to the neighborhood than the existing structur~. 5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested SPECIAL PERMIT relief under Nantucket Zoning By-law Section 139-33A to allow the upward expansion of the garage structure as proposed based upon the following conditions: a. The new roof ridge height shall be limited to a maximum of24 feet; b. The addition shall be in substantial compliance with the Certificate of Appropriateness No. 44,467, issued by the Nantucket Historic District Commission, as may be ameJlded from time to time; c. There shall be no further expansion of the garage structure without further relief from this Boarq and the addition shall come no closer to the easterly lot line than the existing structure; and d. The structure shall not be used for human habitation. {e- 'J &--- Edward Sanford ~ J 7 ' 2004 Mic Edward Murphy 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, OCTOBER 15, 2004, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application ofthe following: 40 SHA WKEMO REALTY TRUST BOARD OF APPEALS FILE NO. 064-04 Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By~ law Section 139-33A (alteration/expansion ofa pre-existing nonconforming structure/use). Applicant proposes to raise the roof ridge height of an existing garage structure, said to have been constructed prior to the 1972 enactment of the Zoning By- law, within its footprint without coming any closer to the easterly side yard lot line than the existing structure. The roof ridge height would be raised from about 15' to about 23' 1 0" in order to accommodate a studio space on the second level. The Locus is conforming in all respects except as to the side yard setback requirement, with the subject garage being sited as close as about 3.8 feet from the easterly side yard lot line in a district that requires a minimum side yard setback of20 feet. The Premises is located at 40 SHA WKEMO ROAD, Assessor's Map 27, Parcel 4, Land Court Plan 14311-1, Lot 1. The property is zoned Limited-Use-General-3. .~~~U\~ Nancy J. Sevrens, irman - THIS 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 CASENO.~ FEE: $300.00 APPLICATION FOR RELIEF Owner'sname(s): ~D ~1N\)2.\-b Q-~~ ~., ) @..c.fr.cwfG-icPcfJtr\, Jr/(Uf'le9 Mailing address: ~o ~~\A'"')'<TJ...lf::) C:>J..--A~, ,-l~\".,'n' rUzr. t-A-A- C'?":35'-1 ~::::'::::s:e(s~ ~?~:"~ ,-. ~~~~:y:C~~,/ -C.rCMrQJ Locus address: ~D ~LU~7.t"'lr'> eoAO Land Court Plan/Plan Book & Page/Plan File No.: \1l~\ \ -~ Date lot acquired:.tJlIQQ... Deed Ref.lCert. of Title:~ ~\ Uses on Lot - Commercial: None_ Yes (describe) Residential: Number of dwellings----L- Duplex_ Apartments_Rental Rooms Assessor's Map/Parcel: 'Z-=; / ~ Lot No.: \ Zoning District: l-...LJ(~ - ~ . Building Date(s): All pre-date 7/72?~ or B ild. P . N ~ lttS=1- u mg ernnt os: ~ Previous Zoning Board Application Nos.: a5 , C of O(s)? 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 nonconforniities: ~ ;U -, ')I ~ Art~ :) ,1 -- '. ... ~ '. ;1 .J SIGNATURE: Applicant (If not owner or owner's attorney, pleas oof of agency to bring thO X t. FOR OFFICE USE Application received on:-l;~----=r. By: Complete: Need copies?: Filed with Town Clerk: lo/-.lJO-t PI~Bg Board:-=J-'_ Building Dept.:-'-'2~ Fee deposited with Town TreasurerlO/~3BY: ~aiver requested?:_Granted:-'-'_ learing notice posted with Town Clerk:j.D!ifJ!L Mailed:/O/5:Lri:l I&M:!lJ3::Jd/& ~~f!.L Hearing(s) held on:-'-'_ Opened on:_/-'_ Continued to:-'-'_ Withdrawn?:-'_I_ DECISION DUE BY: / / Made: / / Filed w/Town Clerk: 1 1 Mailed: / / --- --- --- --- Attorney/Agent /' atter before the Board) DECISION APPEALED?: 1 1 SUPERIOR COURT: LAND COURT Form 4/03/03 ELANGER AUL & U TON E TRANSMITTAL Date To From Project Enclosed 1 SEP 04 ZBA - Nantucket Mark Cutone - Architect 40 Shawkemo Road Addendum Comments The applicant is seeking relief as per section of the Nantucket Zoning By- law: 139-33A Pre-Existing non-conforming uses, structures and lots. The applicant is requesting an upward expansion of a circa 1957 structure. The structure is currently located 3+ feet from the east property line. Limited Use General -3 zoning requires a 20' minimum setback. The envelope of the existing structure will not be expanded - established ground cover will remain as current. Other locations for a garagel studio structure have been studied however 213rd,s of the property is significantly affected by wetland bounds. Also the garage was originally located to best serve the house programmatically. Relocating the structure would make its purpose ineffective. P.508 228 2722 2 Broad Street Nantucket, MA 02554 F. 508 374 8498 / / / / / / / / / / I / / / / / / / / / / I: , ~..f!~ ~. . ~ ~" <C " C/)~ c" ~: a...~ o o ::::> l- ff) -- W C!J <( c:r: <( C!J l I ~ II ~ I ii II r ~ ~ o ~ ~ I OJ o c OJ u 'en u OJ ~ a: ~ <{ ~ ~~ .~ ~ ~ [f) ~ ~ .z \ b3l ;::~ if ;; .'z ~O .0 z o >= ~ ~ l? =>' 5;! ,..... C\J~ <(~ c o o ::> I- en - w (!J <( a: <( (!J z o t t;; ~ ~ ~ w o c W D 'u; ~ W 0 ~ i~- ~ i~ Ow 0 (f) ~ ~ ,; ~l II ;; ,[ -# S~()O. Town of Nantucket ZONING BOARD OF APPEALS RECEIVED BOAno OF ASSESSORS I AUG '3 12004 TOWN OF N (J rrf! I,...... KET MA i"\,"~ , '".' !''''; _ , LIST OF PARTIES IN INTEREST IN THE MATIER OF THE PETITION OF PROPERTY OwNER'............~.~........&m~.. ........... , t MAILrNG ;DDRESS............. ..1!J.... .~H,~'"7)''''''''''''' PROPERTY LOCATION...... .f,Q.... .~~.o.... rr::~~...,.. . ;: c!);7 It . ASSESSORS MAPIP ARCEL:................ ..... ... .... ..,............. .............1/ APPLlCANT.1S~r...Ff..~B......mCtf,1f: eJ7iY2E SEE AITACHED PAGES I certify that the foregoing is a list of persons who are owners of abutting property, owners of land directlf' opposite on any public or private street or way; and abutter.s of the abutters and all other land owners within 300 feet of the. property line of owner's property, all as they appear ?n the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139. Section 139-29D (2) .. ~.:.~..g(Jt'!.;/ ~a~ DATE. ASSESSOR'S OFFICE Town of Nantucket t.!l ~~ tI) .... ~ ..:I&ot ~B i~ ~ 01 o r- ltl I .. ltl ... .. ~ ~ ~ .. 0 0 Q)\D(")NCO 0...."'00 ~ CD .... .... .., C'I') 0 ('II ('II (1'1 ('1'1 ('II 0 ('II P'I tl ~~~IiJ51~~1iJ ~~~i~ ; E ~~~~IB~~ u S",,,,:.dl.~lIS ,,_..~ o o ... '" ... I'l '" " j ~ M ! ... :a ::l ... ~ tl: ~ ~ III &:l ~ ~ a~ ~a u ~ ~ !'l ..:I ~ g i r-r-i:~ &:l ~ ~ ~ ~ ~ ! ~ .lJ ;~~:;l.. ",:;l ; !ilg:s:3~~~3 '" ~ ~ I!l a a i ~ : i r:l~ I '" ~ ~ ! H ..:I o ~ ~ u u ..:I ~ !Ii ~i !:I ~.." ~ ~ El ~ .. a ~~:~~~i~ lIS ~ i:i i:i a ~ ... ~ l!i Z ~::a;lgi i ~ ~ ~ ~ I ~ ~l '" '" .~ ~~~aaa~~ ~IIUUii ~ '" CD 0 At f")1I)\DNPl....N.., ... -a I:> '" r- ... .s C'I'),"\D::;::;::;~:; o .. III i~~~~~~~~ <1l 0> I1l '" -----. ~ r- ... '" o ..... ..... o o '" --.. ..... --.. m ~=--NA~UCKET HARBOR I --- DWELLING 5,062:1: S.F. 23io----- \ GARAGE 781:1: SF 5-- .8 --- 27-3 N/F GOODRICH NANTUCKET " LLC \ ) /---J / (~ / ( ~) I '-- - \ GREENHOUSE ) ( 336:1: S. F. fZ:l t/ ( ( !:2 GARAGE ~ \ \ 374:1: S.F. \ I II /I II II II // // // - ---- --- -- /....---- II // II II JJ 1.90 Sijfl " <:tJF ~ '/J~ 4.1(4 :6'#/1 .~O . SIi/t!1, V ./B \ ~O R040 '0 -4 ..() -1-1 .... ~ o DETERIORA TED BUILDING NO GROUND COVER 27-5 N/F J. DAVIS. TR. I I{ 9.92 CURRENT ZONING CLASSIFICATION: Limited Use General 3 (L.U.G. -3) EXISTING: MINIMUM LOT SIZE: 120,000 SF MINIMUM FRONTAGE: 200 FT. FRONT YARD SETBACK: 35 FT. REAR/SIDE SETBACK: 20 FT. GROUND COVER % 3% . 9.Q~ Ac;~~S. . S~E. P~AN. . . S~E. P~AN. . . $E( P~AN. . $~E. P~AN. PROFESSIONAL LAND SURVEYOR BUILDING LOCATION PLAN OF LAND IN NANTUCKET, MASS. SCALE: 1 "= 150' DATE: OCTOBER 16, 2002 Owner: . . ~/9f-!Af?Q .J.. 9~IO.Dft'!.. ~RI!5iTf~ . . I CERTIFY, AS OF : . t 9-:- 11.-.2Qq2 . . THAT THE aU/LD/NG(S) IS/ARE LOCATED ON THE GROUND AS SHOWN HEREON. A Ii rl I A IA"/" 11""'\ nJ""'\ A" ,-" A' T\/ Tn, IrT DWELLING 5,062r S.F. - - /' /' / / / I I I I I I I I I I \ \ , , , ........ ---------- --- -.... \ , , , , , , , \ \ \ \ \ \ \ \ ) I I I I I I I j /' /' /' --- --- """,---............-..... / , / \ I \ I \ \ , , I " I .... / ------- ------ --- \ \ \ \ \ \ \ \ CURRENT ZONING CLASSIFICATION: Limited Use General 3 (L.U.G.-3) EXISTING: MINIMUM LOT SIZE: 120,000 S.F. MINIMUM FRONTAGE: 200 FT. FRONT YARD SETBACK: 35 FT. REAR/SIDE SETBACK: 20 FT. GROUND COVER % 3% 9.0r ACRES : st( p(AN: : . $E.E. f~AN. . . $E.E. f~AN. . . $E.E. f~AN. . GARAGE 781 r S.F. 3.8 BUILDING LOCATION PLAN OF LAND IN NANTUCKET, MASS. SCALE: 1"= 40' DATE: OCTOBER 16, 2002 Owner: . RICHARD J. GLIDDEN,. TRUSTEE . ,- I I I ( \ \ \ \ I , I , I ) I I I I I I I / I I I I I I I I I I I I I I I I I I I I I I I I I CERTIFY, AS OF:. .19~~1.-79q2.., THAT THE BU/LDING(S) IS/ARE LOCATED ON THE GROUND AS SHOWN HEREON. PROFESSIONAL LAND SURVEYOR