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HomeMy WebLinkAbout069-04 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: je 0rLrJf'Lj / , 200~ To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: Ck9-o4 L-oCJlS V. Gusmey-' ) :Jr-. ere rl-- S ne(" arrl Owner/Applicant: -----ROO, tG L. 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. c~ 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 9139-301 -(SPECIAL PERMITS); ~139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. NANTUCKET ZONING BOARD OF APPEALS 1 East Chestnut Street Nantucket, Massachusetts 02554 Assessor's Map 54 Parcels 158, 158.1 & 150.1 10 Berkeley Avenue, Monomoy Land Court Plan l6280-A, Lots B & C; Land Court Plan 16280-B, Lot 1; Plan File 9-C, Parcel 5 (except Parcel 5A on Plan File 43-P); Plan File 43-P, Lots 4A and 4B Certificate of Title No. 20866; Deed, Book 846, Page 155 Limited Use General-1 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, originally scheduled for October 15, 2004, and continued without opening to November 19, 2004, and again to Friday, December 10, 2004, at 1:00 P.M., in the Conference Room, in the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, at which time and place the application was heard, the Board made the following decision on the application of LOUIS V. GERSTNER, JR., and ROBINS L. GERSTNER, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 069-04: 2. The applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law ~139-33.A(5), for the alteration of a portion of a pre-existing, nonconforming single-family dwelling lying within the required front yard setback of 35 feet as measured from Berkeley Avenue by placing a new foundation under the structure, increasing the height within the front yard setback area, while coming no closer than the existing structure to Berkeley Avenue and not exceeding the maximum building height of 30 feet above mean grade. The structure is sited as close as about 11.2 feet to the easterly front yard lot line. (Additional modifications to the portion of the single-family dwelling that were proposed within the required front yard setback area in the application and notice were withdrawn by the applicants and not presented at the public hearing.) The locus and structure thereon are conforming in all other respects to applicable zoning requirements. The locus is situated at 10 BERKELEY AVENUE, MONOMOY, Assessor's Map 54, Parcels 158, 158.1 and 150.1; consists of the lands shown upon Land Court Plan 16280-A as Lots B & C, upon Land Court Plan l6280-B as Lot 1, upon plan recorded with Nantucket Deeds in Plan File 9-C as Parcel 5 (except Parcel 5A on Plan File 43-P), and upon Plan File 43-P as Lots 4A and 4B (all combined as one lot for building and zoning purposes), and is situated in a Limited Use General-1 zoning district. 3. Our accompanying decision is based upon the materials, and representations application and and testimony 1 received at our public hearing. There was no Planning Board recommendation, on the basis that no matter of planning concern was presented. One abutter, through counsel, expressed support for the proj ect on the basis of the applicants' cooperation in making requested changes to the site plan prior to the public hearing, specifically related to the repositioning of the driveway; except for the presentation by the applicants' counsel, there was no other support nor opposition presented at the public hearing. 4. As presented by the applicant's representative, the only matter before the Board of Appeals consisted of the proposed placement of a basement foundation under the existing dwelling upon the locus, as the other portion of the requested relief that included additions within the front yard setback area had been removed from the plan. The single-family dwelling pre-existed the original adoption of the Nantucket Zoning By-law in 1972 and was clearly shown on aerials from 1938 and 1957 in the Town records in substantially the same location. Since a portion of the structure lay within the required 35-foot front yard setback area, and the structure would be increased in height as a result of the new foundation, there would be an increase in the nonconformity although the footprint of the structure would remain unchanged and no new dormers constructed within that area, and special permit relief would be necessary. Under By-law ~139- 33. A (5), the Board of Appeals is empowered to grant relief by special permit where the extension of the structure wi thin the setback area would not make the setback distance more nonconforming, if the Board finds that the extension would not be substantially more detrimental to the neighborhood than the existing nonconformity. The elevation of the structure above mean grade would not exceed the maximum ridge height of 30 feet allowed under the Zoning By-law, and the applicant's representative stated that the increase in ridge height would not exceed one foot. 5. Accordingly, by UNANIMOUS vote, the Board of Appeals made the finding that the proposed alteration as described above to the dwelling upon the locus would be an increase in nonconformity, as the height of the structure would be increased within the front yard setback. The Board further finds that said increase would not be substantially more detrimental to the neighborhood than the existing nonconforming structure. Therefore, the Board, by UNANIMOUS vote, GRANTS the requested relief by SPECIAL PERMIT under Nantucket Zoning By-law ~139- 33.A(5), to authorize the alteration of the existing structure by increasing its height wi thin the front yard setback area as proposed, subject to the following conditions: (a) The increase in height of the ridgeline of the existing dwelling shall not exceed one foot; 2 (b) The footprint of the portion of the structure sited within the required 35-foot front yard setback area shall not be changed and shall come no closer to the front yard lot line than the existing siting; and (c) There shall be structure within the front yard relief from the Board of Appeals. no further expansion setback area without of the further Dated: 'FfbrUar.j -L, 2005 ~i~~0Jvk~{f(h~ ~~. G~u/ c .,-- Edward S. Toole ! .j "--'J ,......,. 3 Form 6-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET,MA 02554 File NO.aa.1-~ Assessor t S parceL~hJ1:'( IltS?;, ( THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF APPEALS TO 'MAKE A DECISION (or to hold a public hearing or take other action) concerns the Application of: WUfs, ~6} Q0br~~. lJe-->\ ~-{f'\.Qr Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A of the Massachusetts General Laws, Applicant(s)/petitione'r(s) and the Board of Appeals' "hereby agree to extend the time limIt - for a public hearing ~. on the Application, or - - fo'r a decision K of the :Board, or' for any other action '~-...... 'by the Board, (whether such Appl~cation-is an appeal ~ from the decisi9n of anr'admin~strativeoff~cial~ petition fo~ 'a Spec1al Perm1t ~~ or ,for a Var1ance , or for 'any exte,nsion _' mod1ficatiop _,' or: renewal _ thereof) o -~ to the NEW TIME L:rMIT of midnight on U.;? ~ M5' but not earlier than a time limit set by statu e or bylaw. The ~pplicant(s), or the attorney _ or a~ent _ for.- App11cant(s} represented to be duly author1zed to act 1~ th~s,~atter ~or Applicant(s), in executin~ this Agre~ment wa1ves any r1ghts tinder the Nantucket zon1ng Bylaw and the state Zoning Act, as amended, to the extent, but only to the exte inconsistent "th this Agreement. FOR Agreement --' Ul' FOR cc: Town Clerk Planning Board Building commissioner (J i.u a -~ f'-J Agreement filed in the office of the Town Clerk: Town Clerk Date 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 mE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: LOUIS V. GERSTNER, JR. AND ROBINS L. GERSTNER BOARD OF APPEALS FILE NO. 069-04 Applicants are seeking relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section 139-33A (alteration/expansion ofa pre-existing nonconforming structure/use). Applicants propose to alter a portion of a pre-existing nonconforming single-family dwelling by placing a new foundation under the structure, increasing the height within the front yard setback, while coming no closer to the front yard lot line along Berkeley Avenue. The structure is sited as close as about 11.2 feet from the front yard lot line in a district that requires a minimum front yard setback of 35 feet. There would be other modifications to the structure including aherations to the windows, changes to a dormer and construction of conforming additions. The Locus and structure are conforming in all other respects to zoning requirements. The Premises is located at 10 BERKEL Y AVENUE, MONOMOY, Assessor's Map 54, Parcels 158, 158.1 and 150.1, Land Court Plan 16280-A, Lots Band C; Land Court Plan 16280-B, Lot 1; Plan File 9-C, Parcel 5 (except Parcel5A on Plan File 43-P); Plan File 43-P, Lots 4B and 4A (combined as one lot for building and zoning purposes). The property is zoned Limited-Use-General-l. ~~~ 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, MASSACHUSETTS 02554 CASE NO. Ci.9~-04 FEE: $300.00 APPLICATION FOR RELIEF Owner/Applicant's name(s): Louis V. Gerstner. Jr.. and Robins L. Gerstner Mailing address: c/o Reade. Gullicksen. Hanlev & Gifford. LLP 6 Youn2's Way. Post Office Box 2669. Nantucket. Massachusetts 02584 Locus address: 10 Berkelev Avenue. Monomov Assessor's Map/Parcel: 54-158.158-1 and 150.1 Land Court Plan 16289-A Lots Band C. 16289-B Lot l' Plan File 9-C ParcelS exce t P reel SA on Plan File 43-P); Plan File 43-P. Lots 4B and 4A (combined as one lot for buildiu,2 and zonin21>~~Oses) c~. 0 "., Date lot acquired: 9/9/03 Cert. of Title 20866; deed. Book 846. Pa2e 155 bllling DiSiiict: ,tUG-l " I : Uses on Lot - Commercial: None-L Yes (describe) - Residential: Number of dwellings---1- Duplex _ Apartments_Ren~ Rooms. Building Date(s): All pre-date 7/72? Yes or C of~)? Building Permit Nos: Previous Zoning Board Application Nos.: 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: The applicants request relief by Special Permit under Nantucket Zoning By-law ~139- 33 .A(5), in order to alter a portion of the pre-existing, nonconforming single- family dwelling upon the locus which lies within the required front yard setback measured from Berkeley Avenue, without increasing any nonconformity. The structure is nonconforming as to front yard setback, being sited about 11.2 feet from Berkeley Avenue, with 35 feet being the minimum front yard setback within the Limited Use General-1 zoning district. The locus and the structures thereon are conforming in all other respects. The proposed work within the setback area will include placing a new foundation under the dwelling, which will increase the height of the structure but not create any nonconformity; window modifications; and changes to an existing dormer. All other changes will be to portions of the dwelling which do not lie within any required setback, and no new nonconformities will be created. I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pai nd penalties of rjury. SIGNATURE: Applicant Attorney/Agent x (If not owner or ow r's attorney, please enclose proof of agency to bring this matter before the Board) FOR,~~1\ OFFICE USE ,~ Application received on:7 1-IP1 By: ( CJ!.,j,l Complete: I.--/' Need copies?: ~ Filed with Town Clerk:/Q(L-'~PJ~nnint: Board:l7l~1 Bnilrling Jlept : !~ By: Fee deposited with Town Treasurer:-/1J...i.JOC,,( By: 1If. Waiver requested?: G;;rted: / Hearing notice posted with Town Clerk:.1f2!~I-Jif:Mailed:-.&/_!::fj11I&M:Yj ~ & 1Ci..2../QJl Hearing(s) held on:_/---1_ Opened on:----'_/_ Continued to:_/_/_ Withdrawn?:_/---1_ DECISION DUE BY:----'---1_ Made:_/_/_ Filed w/Town Clerk:_/----'_ Mailed:---1---1_ DECISION APPEALED?: / / SUPERIOR COURT: LAND COURT Form 4/03/03 P:\WpG\Gerstner\lO-17 Berkeley\10 Berkeley ZBA APP.doc i I ; ! I !, ~ ZONING CLASSIFICATION: LIMITED USE GENERAl. 1 (LU,G, -1) MIN, AREA: , , , . , ,4P,OPQ .S,F, MIN. FRONTAGE: , , , . , ) Qa. f1:, FRONT YARD 5,8,: . . , . ,~5, fT, REAR & SIDE 5,8,: , . , , ,I Q .FT, GROUND COVER (%): . , , , ,7, l' EXISTING: .4P,PP!l:l;S,F" ,!i~, ~Lf\~ , ,!i~. ~Lf\~ . ,~~,~4'J':l, , ,6,3,~.:l: . ,ri).~ 01 ~ ~o " ~o .., '" s <>; 54-153 NIF GERSTNER LEGEND _ DfNOTES fX1SnNG Dr.fLUNG, 2520%S,F. 0:2:3 DfNOTES PROPOSfD Dr.fWNG, 2790%5.F. ~1 /~~\~~ ~ ~-151 N/F' /' LOVfLACf PLAN FILE 9-C DEED 3J8/206 PARCfL J /' ,ri).' 54-72 N/F' MACDONALD LOTS 99 .t 100 P,8, 1 PG,18 OEED 401/284 LOT D L,C.C. 16289-A CfRT. 1552J PARCEL 4A PLAN FILE 43-P AREA= 7500:J:5,F. / ~ ~ ~ \ ~ 54-150,158,1 N/F' ROMAN 1997 Q.P,R, T. LOT 2 LC.C. 16289-8 PARCfL 5A P,F. 4J-P LOT 1 P.F. 4J-P DEED 5J4!50 ~ PARCF:L $A AREA-7516%5.F. ORIGINAl SIGNED AND STAI.lPED COPIES OF THIS PLAN MAY BE PHOTOCOPIED BY THE BO.ARD OF APPEALS OR THE NANTUCKET REGISTRY OF DEEDS FOR RECORDING PURPOSES, IN CASES OF DISCREPENCIES REGARDING INFORMATION CONTAINED HEREON AND UNAUTHORIZED PHOTOTCOPlES OF THIS PLAN. ONLY ORIGINALLY STAI.lPED AND ENDORSED COPIES SHALL 8E ACKNOWLEDGED 8Y THE CERTIFYING LAND SURVEYOR, THIS PLOT PLAN WAS PREP.ARED TO ACCOMPANY AN APPLICATION TO THE NANTUCKET BO.ARD OF APPEALS AND IS NOT TO BE CONSIDERED A FULL INSTRUMENT SURVEY, THIS PLAN SHOULD NOT BE USED TO ESTABLISH PROPERTY LINES FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES, THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD, THIS PLOT PLAN IS NOT A CERTlFlCATlON AS TO THE TITLE OR OWNERSHIP OF THE PROPERlY SHOWN, OWNERS OF ADJOINING PROPERTIES .ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET ASSESSOR RECORDS, THIS PLAN SHALL NOT BE USED FOR ANY OTHER PURPOSE OTHER THAN ITS INTENDED USE STATED ABOVE, @Blackwell & Associates Inc, C:\SPF\PROJ\PBO\B6'~2\ZBAd.g 9/9/200' 6:32:06 10M EST SCAlE: 1"=50' DATE: September 9, 2004 Owner: , ,I.QVIS ,V, ,G.~S1l'lE;R.. ,J.R. , , , , , , , . ,~Q~I~S; .1., ,G~$~E.R, , , , , , , , , , Deed/Cert,: QE;f:Q ~:-1~/~T. 7Q8lltl ,Plan:,~ pl,Atl, Tax Mop: ~10P,'..1~ ,1~1, Locus: 119 ~,~y f.~ BLACmLL d: ASSOCIATES, Inc. 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ZONiNG BOARD OF APPEALS AUG 2 4 2004' "'f I NANTljCKET, MA liST OF PARTIES l'N INTEREST IN THE MATTER OF THE PETITION OF . P~OPERTY OWNER"H.4~.r...~~..,.ic.l:&ildr. 9urkr MAJLfNO AOqRESS. '. r;.,{,9. .~~~~.~.". .9.~H.~~~.~~I;l.~ ..~.~~~,~!., .~.. 9,~~~,?~d.~. LLP PROPERTY LOCATION...... /.!? 6 ~k=' ;;;.,';... ;;'0,1 A.SS ESSORS MA PfPARCEL..,... ....., i.,,,...,,....,, :..........,.. "..,... 'I' ,.,... APP LfCANT. .R~q.~~ I., Gl;l.+M,s~~,~A i., H~,z:t.~~f.,~. ~~,~~~:,~.'. ..~~~...,..,',.,.... SEE ATTACHED PAGES J cc:nify thal the foregoing is ! tist of P<:rsOlU who lee owners of abutting !,ropeny, ownc::rs of . IlJ1d directly OpPO$ile On In>' public or private Sll.e~l or WI)': &nd abutters of thl: abutters lnd all Olner land ,t)wners wjthin 300 f~et of the property line or owner's propcrty, all as thcy appear on the mClsl rec:en; applicable tax list (M,G.L. e, 40A. Section II Zoning Code Chapter 139. Seclion 139.29D (2) qy'.301~Nr DATE . 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