HomeMy WebLinkAbout100-06
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. DECEMBER 8. 2006 in the Conference Room, 2
FAIRGROUNDS ROAD, FORMERLY KNOWN AS THE NANTUCKET
ELECTRIC COMPANY BUILDING, WITH AN ENTRANCE FROM OLD
SOUTH ROAD, FIRST RIGHT AFTER FAIRGROUNDS ROAD COMING
FROM TOWN WITH ENTRANCE FROM THE FRONT OF THE BUILDING,
Nantucket, Massachusetts, on the Application of the following:
ROBERT D. GARRISON AND LUCINDA B. GARRISON
BOARD OF APPEALS FILE NO. ~-06
Applicants are seeking to MODIFY the Special Permit granted in the Decision in
BOA File No. 068-05 (the "Decision"), under Nantucket Zoning By-Law Section 139-
33A (alteration/expansion of pre-existing non-conforming structures/uses). Applicants'
property is pre-existing, nonconforming as to lot area, side and rear setbacks, ground
cover, and use (having three dwelling units total on the property, two units in the primary
structure and one unit in the cottage), which nonconformities are more particularly
described in the Decision. In the Decision, the Board of Appeals granted relief to allow
Applicants to convert the primary structure from use for two dwelling units to a single-
family residence, demolish the existing garage, and demolish a portion of an existing
cottage, relocate, renovate and expand the cottage to contain two dwelling units, thereby
retaining three dwelling units on the property, subject to certain conditions enumerated in
the Decision. An abutter to the Premises appealed the Board's Decision in BOA File No.
068-05. Applicants' current request to modify the original Special Permit relief would
settle the objections raised by the immediate abutter to the north (the Appellant), who has
agreed to dismiss her appeal with prejudice upon filing of the modified Decision.
Applicants' request several non-substantive clarifications to the text of the Decision and
to reduce the maximum ridge height of the remaining portion of the existing cottage on
the property from about 21 feet above mean grade in the original decision to a maximum
ridge height of about 15 feet above mean grade in the proposed modified Decision. No
additional relief is requested by this Application.
The Premises is located at 11 UNION STREET, Tax Assessor's Map 42.3.1,
Parcel 44, with no plan on record. The property is zoned Resi tial Old Historic.
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Nancy 1. Sevrensp ,
THIS NOTICE IS AVAILABLE IN LARG 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
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CASE NO. CJrttO~
FEE: $300.00
APPLICATION FOR RELIEF
Owner's name(s): Robert D. Garrison and Lucinda B. Garrison
Mailing address: 11 Union Street, Nantucket, Massachusetts 02554
Applicant's name(s): same
Mailing address: same
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11 Union Street
Assessor's Map 42.3.1, ParcM44
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Locus address:
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Land Court PlanlPlan Book & Page: Deed Book 333, Page 129
Lot: deed only
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Date lot acquired: 10/16/1989 Deed Ref: Deed Book 333, Page 129 Zoning District: ROH
Uses on Lot - Commercial: None.-L Yes (describe)
Residential: Number of dwellings.-1.- Duplex.-1- Apartments_Rental Rooms_
Building Date(s): All pre-date 7172? Yes
C of O(s)? n/a
Building Permit No: 7315-90 interior renovation~ 13413-96 insulation~ 242-03 repair fire damage
Previous Zoning Board Application Nos.: 068-05. appeal pending in Nantucket Superior Court. Sibley v.
Waine, et aI, Civil Action No. 06-05, application is to modify decision in BOA File No. 68-05 to settle appeal
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
I certify that the information contained herein is substantially complete and true to the best of my
knowledge, under the pains and penalties of perjury.
Robert D. Garris n d Luci da B. Garrison, by their attorney Emily Avery
SIGNATURE:
(If not owner 0
Applicant
lease enclose proof of agency to bring this
, ~ . FO Z CE USE
Application received o':Jl~ - By: Complete: Need copies?: _., '
Filed with Town Clerk:futt lannin Board: I . . De t.: I I :~
Fee deposited with Town Treasurer: h_ ~;:_( KZJ..U)vaiv~:..:.rer~ ue. sted?: G. rante :-----'-----'-c-
Hearing notice posted with Town Clerk:jlJ ~ailed: -LV fIaliiJ&M: [11'0 f1J) & 1li*J~
Hearing(s) held on:_/_/_ Opened on:.--!_/_ Continued to:_/_/_ Withdrawn?:.--!_/_
DECISION DUE BY:_/_/_ Made:.--!_/_ Filed w/Town Clerk:.--!.--!_
Attorney/Agent X
.
er before the Board)
Mailed: / /
---
DECISION APPEALED?:_/_/_ SUPERIOR COURT:
LAND COURT
Form 4/03/03
ADDENDUM TO APPLICATION
Applicants are seeking to Modify a Special Permit (BOA File No. 068-05)
granted under Nantucket Zoning By-Law Section 139-33A (alteration/ expansion
of pre-existing non-conforming structures/uses). Applicants' property is pre-
existing, nonconforming as to lot area, side and rear setbacks, ground cover, and
use (having three dwelling units total on the property, two units in the primary
structure and one unit in the cottage), which nonconformities are more
particularly described in BOA File No. 068-05, see attached Decision.
In the Decision, the Board of Appeals granted relief to allow Applicants to
renovate the primary structure to a single-family residence, demolish the garage,
and relocate, renovate and expand the cottage to contain two dwelling units,
thereby retaining three dwelling units on the property, subject to certain
conditions enumerated in the Decision.
An abutter to the Premises appealed the Board's Decision in BOA File No.
068-05. Applicants' request to modify the original Special Permit relief will settle
the objections raised by the Appellant, who has agreed to dismiss her appeal with
prejudice upon filing the modified Decision. Applicants' request several non-
substantive clarifications to the text of the Decision and to reduce the maximum
ridge height of the remaining portion of the existing cottage on the property from
about 21 feet above mean grade in the original decision to a maximum ridge
height of about 15 feet above mean grade in the proposed modified Decision. The
proposed modified Decision, with changes highlighted, is attached to this
Application.
No additional relief is requested by this Application.
The property is located at 11 Union Street, Tax Assessor's Map 42.3.1,
Parcel 44. The property is zoned Residential Old Historic.
Town of Nantucket Web GIS - Printable Map
Page 1 ot '2
Town of Nantucket Web GIS
Prop ID
Address
Owner
42.3,144
11 UNION ST
GARRISON ROBERT D &
LUCINDA B
11 UNION ST
NANTUCKET, MA 02554
10/16/1989
$225,000
00333/ 129
0,11 acres
Sale Date
Sale Price
Book/Page
Lot Size
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NOT A LEGAL DOCUMENT
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For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
Qjsclajm~r The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only, The
Town of Nantucket does not guarantee the
accuracy of the data. Users are responsible for
determining the suitability for individual needs.
All information is from the Town of Nantucket
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Town of Nantucket, Mass
Map Composed
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TOWN 'OF NANTUCKET
B'O'ARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
J Cl>J) uO""r c2o, 2004>
To: Parties in Interest and. Others concerned with the
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Dec1s1on of the BOARD OF APPEALS in the Application of the
following:
Application No.:
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Owner/Applicant:
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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 take~ pursuant to
Section 17 of Chapter 40A, Massachusetts General Laws.
Any action appealing the Decision must be bro~ght by
filing an comp,laint' in court wi thin TWENTY (20) days after
this day's date. Notice of the action with a copy of the
com~laint and certified copy of the necision must be given
to the Town Clerk so as to be received within such TWENTY
(20) days.
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cc: Town Clerk
Planning Board
Building Commissioner
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PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME
LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING" TO NANTUCKET
ZONING BY-LAW ~i39-301 (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
11 Union Street, Nantucket
Assessor's Map 42.3.1, Parcel 44
Residential-Old Historic
Deed Book 333, Page 129
No plan on record
DECISION:
1. At public hearings of the Nantucket Zoning Board of Appeals,
opened on Friday, October 14, 2005, continued to November 18, 2005 for further
discussion, and concluded on January 6, 2006, at 1:00 P.M., in the Conference
Room in the Town Annex Building; 37 Washington Street, Nantucket,
Massachusetts, the Nantucket Zoning Board of Appeals made the following
Decision on the Application (068-05) of ROBERT D. GARRISON AND
LUCINDA B. GARRISON, of 11 Union Street, Nantucket, MA 02554, in
connection with property known as 11 Union Street, Nantucket, Massachusetts.
2. Applicants are seeking relief by SPECIAL PERMIT under
Nantucket Zoning By-law Section 139-33A (alteration/ expansion of pre-
existing/nonconforming use/structure). Applicants proposed to alter the
nonconforming use of the property, three dwelling units on one lot, by
renovating the existing duplex structure in the main building by relocating one
unit to the existing cottage and converting that structure into a duplex, thus
maintaining three dwelling units. An existing garage structure would be
demolished to provide room to expand the cottage. The height of the cottage
would increase within the required five-foot setback areas but would come no
closer to the lot lines than the existing structure. The new addition, constituting
the increase in ground cover, would be conforming as to setbacks. As part of the
project the main structure would also be renovated. Applicants are also seeking
relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33E(2).
As part of the renovation and expansion of the cottage, Applicants are asking to
increase the ground cover from about 41 % to no more than 50%, which is
allowed by a grant of special permit relief for sub minimum lots in the ROH
zoning district. One parking space is currently provided on site. Applicants
propose to add a second parking space if possible. The lot is nonconfonning as
to lot size, with the lot containing about 4,400 square feet of area in a district that
requires a minimum lot size of 5,000 square feet; as to ground cover with the lot
containing about 41 % ground cover ratio in a district that allows a maximum
ground cover for undersized lots of 30%; as to setback, with the main house
being sited as close as about one foot from the southerly side yard lot line, and
the cottage being sited as close as about one foot from the westerly rear yard lot
line and about two feet from the northerly side yard lot line, in a district that
requires a minimum side and rear yard setback of five feet; as to parking with
the lot having one parking space where there are three required; as to use, with
there being three dwelling units on the property, rather than a maximum of two
as allowed in this district.
The Premises are located atl! UNION STREET, Assessor's Map 42.3.1,
Parcel 44, no plan on record, Deed Book 333, Page 129. The property is zoned
Residential-Old Historic.
3. Our Decision is based upon the Application and accompanying
materials, affidavits, representations and testimony received at our public
hearings. The Planning Board made a negative recommendation. Over the
several hearings, an email was received from an abutter immediately to the west
in opposition to the height and massing of the originally proposed new cottage;
two letters were submitted from the direct abutter to the south and members of
the abutter's family appeared on her behalf expressing concerns about the size of
the proposed structure, parking and intensity of use, as well as unrelated issues
concerning the exact location of the common property line with the Locus and
the stability of the rear retaining wall below the embankment; and the direct
abutters to the north spoke against the Application, in person and through
counsel about concerns related to density of use on the property and negative
impact on the traffic situation in the neighborhood. The file also contained a
letter from the Applicants in which all of the changes that had been made since
the previous two hearings were outlined. The Applicants listed the names and
addresses of several nearby abutters that were not opposed to the project.
4. There was an Affidavit in the file from the predecessor-in-title that
verified that the property contained three separate dwelling units from a time
prior to the 1972 enactment of the Zoning By-law and prior to when the
Applicants purchased the property in 1989. The Affidavit also stated that the
structures had been in their present locations prior to 1972. The location of the
primary structure and the cottage was also verified by aerial photographs
contained in the Town records from 1938 and 1957. Such information was not
challenged at the hearing. Having reviewed this information and hearing no
contradictory evidence from any source,. the Board found that the use of this
property for three dwellings was a validly grandfathered, pre-existing, non-
conforming use and proceeded with the hearing.
5. Applicants, through counsel and personal testimony, stated that
the existing improvements on the property are shown on the "Mortgage Plot
Plan" (the "plan") dated September 6,1989, prepared by Nantucket Surveyors,
Inc., a reduced a copy of which is attached hereto as Exhibit A. The existing
primary wood frame dwelling situated on the south side of the Locus currently
contains two dwelling units (referred to herein as the "primary structure") and is
sited as close as 1:t. foot from the southerly property line. The existing OI1-e-story
cottage is situated in the northwesterly corner of the Locus (referred to herein as
the" cottage structure"), contains a third dwelling unit and is sited as close as 1:t.
2
feet from the northerly property line and 2.:t feet from the westerly property line,
according to the attached plan. There is also a garage situated on the north side
of the Locus that the Applicants are proposing to demolish. The total ground
cover ratio of all structures on the Locus is currently about 41 % according to the
plan. According to the plan, the Locus contains about 4,400 square feet of lot
area; with there being no recorded plan of the Locus. Applicants stated that a
review of the surrounding Union Street area indicated that lot sizes, placement of
dwellings and parking areas was comparable to the Locus. In addition, said
review showed that only two lots were conforming as to minimum lot size and
most contained ground cover rations far in excess of the maximum allowed for
subminimum lots of 30% and 50% for conforming lots in the ROH zoning
district. The property was also serviced by town water and sewer and thus there
was no other limitation on number of bedrooms on the site.
6. Applicants, through counsel and personal testimony, stated that
they purchased the property in1989 and have lived in the primary structure
year-round since then. Applicants represented that when they bought the
property the primary structure had been used more like a lodging house with
several rooms used as bedrooms. They reduced the intensity of use in the
primary structure and maintained the existing cottage structure with little
changes. They have rented the apartment located in the primary structure as
well as the dwellLrl.g unit i..'l the cottage structure located to the rear of the lot.
Applicants stated that they needed to undertake a substantial renovation of the
historic primary structure and needed to move out of the structure to do so. They
wished to remove the garage structure from the property and enlarge and
renovate the existing cottage structure to accommodate their family of four in
one new unit and upgrade the current one-bedroom unit in the existing
structure. The lot would continue to contain three separate dwelling units with
there being one in the primary structure and two in the cottage structure, with
the relocation of the apartment in the primary structure to the cottage structure,
with an increase in number of bedrooms from six to nine. One parking space
had historically been provided on site and the Applicants proposed to provide
two conforming spaces on the property to help mitigate the parking situation in
the neighborhood, as many other properties did not have on site parking and
parked on the street. Applicants were asking the Board to define a building
envelope and not restrict the design elements as they had not applied to the
Nantucket Historic District Commission ("HDC") for approval of the design.
Applicants explained that they had felt that going to the Zoning Board of
A~peals prior to going to the HOC would be prudent given the costs of
architectural plans should the Board alter the proposal or deny the requested
relief.
7. The Board expressed concerns related to intensity of use, density of
structures on the lot, parking, setback intrusions, massing of the proposed
cottage structure, and actual size of the lot. In response to such concerns and
suggestions of the Board and abutters expressed at the several public hearings on
3
the Application, the Applicants made several changes to their initial submission.
At the third public hearing, Applicants presented their proposal to renovate the
primary structure into a single-family dwelling with a maximum of four
bedrooms. The kitchen would be removed from the apartment space and the one
bedroom dwelling unit would be relocated to the cottage structure, maintaining
a maximum of the three dwelling units on the site. The southerly portion of the
cottage structure would be removed from the site and the remaining
nonconforming northerly portion of the cottage structure containing about 160
square feet of ground cover would be relocated to a site so as to conform to the
setback requirements. It would then be renovated and expanded in order to
accommodate maintain the existing unit and the relocated one-bedroom unit
from the primary structure. The expansion and renovation of the cottage
structure would result in above ground floors that would be dedicated to one
dwelling unit with a maximum of three bedrooms and a separate basement
dwelling unit with a maximum of one bedroom. Due to the Applicants
agreement to relocate the remaining portion of the cottage structure, the
necessity for relief to expand the cottage structure within the required setback
areas is thereby eliminated. The existing garage would be demolished with the
expanded cottage structure to be sited substantially on that site, and the
Applicants further agree not to expand the footprint of the relocated, renovated
and expanded cottage structure beyond a maximum ground cover of 880 square
feet and construct the new addition so as to have a maximum ridge height of no
more than 25 feet above mean grade, with the remaining portion of the cottage
structure to have a maximum ridge height above mean grade of 21 feet. The
cottage structure would be confonning as to setback requirements in all respects.
The Board finds that these design constraints would ensure that the structures on
the site would retain the massing relationship between the primary structure on
the Locus, and the expanded and renovated cottage structure and would be in
keeping with the neighborhood.
8. Applicants further agreed to restrict the use of the two dwelling
units in the cottage structure to year-round occupancy and agreed to the
imposition of same as a condition of the grant of special permit relief. The Board
expressed that imposing the condition as to year-round occupancy was an
important factor in their willingness to grant the requested relief. Applicants
represented that although the Locus is grandfathered for one parking space,
Applicants would provide conforming two parking spaces, in the location shown
on the Proposed Site Plan, which is Exhibit A as marked up by the Applicants, a
reduced copy- of which is attached hereto as Exhibit B. Applicants further agreed,
to reduce the number of bedrooms contained on the lot from the originally
proposed nine to a total of eight, four in the primary structure, one in the
basement apartment and three in the other dwelling unit.
9. Based upon the foregoing, the Board finds that there would be a
benefit to the neighborhood, as the nonconformity related to the siting of the
existing cottage within the required five-foot setback areas would be eliminated;
4
two conforming parking spaces would be created on site; and to further the
maintaining of the residential character of the downtown area and supply much-
needed year-round housing, a condition would be imposed on the two dwelling
units in the cottage structure that would ensure that the units would be restricted
to year-round occupancy. In addition, based on the below conditions, the Board
also finds that the proposed changes to the primary structure, by removing the
third dwelling unit and relocating it to the relocated, renovated and expanded
cottage structure, that would then contain two dwelling units, would not be
substantially more detrimental to the neighborhood than the validly pre-existing
nonconforming uses and improvements. Further the Board finds that the
increase in ground cover to allow a cottage structure that would contain a
maximum of 880 square feet and increasing the ground cover to less than about
47% from about 41 % would not be substantially more detrimental to the
surrounding neighborhood as the area is comprised of similarly sized, if not
smaller lots, with ground cover ratios in excess of the allowable of 30% for
subminimum lots and a grant of relief would be in keeping with similar relief
granted in the neighborhood.
10. The Board of Appeals, by a UNANIMOUS vote, GRANTS the
requested relief by SPECIAL PERMIT under Nantucket Zoning By-law Section
139-33A to allow renovation of the primary structure, relocation of the apartment
unit from the primary structure to the cottage structure, and relocation and
expansion of the cottage structure on the Locus to contain two dwelling units;
and under Section 139-33E(2) to allow the increase in ground cover by an
additional 880 square feet. Relief is hereby granted based upon the following
conditions~
(a) The primary structure shall be renovated into a single-family
dwelling with not more than four bedrooms, and the kitchen unit
shall be removed from the apartment so that the primary structure
would contain one kitchen unit;
(b) The cottage structure, as relocated, renovated and expanded into a
structure containing two dwelling units, shall contain a basement
dwelling unit with not more than one bedroom and a separate
dwelling unit on the upper floors with not more than three
bedrooms and no other rooms in the upper dwelling unit shall
qualify as a "bedroom" under the requirements of the
Massachusetts State Building Code or the local Town of Nantucket
Board of Health Regulations, without further relief from this Board;
(c) The cottage structure containing two dwelling units, as relocated,
renovated and expanded, shall conform to all setback requirements
and shall not exceed 880 square feet of ground cover without
further relief from this Board. The remaining relocated about 160
square-foot portion of the original cottage would be retained and
shall have a ridge height that does not exceed 21 feet above mean
5
grade, and the addition to the cottage shall have a ridge height that
does not exceed 25 feet above mean grade, without further relief
from this Board;
(d) Two conforming parking spaces shall be provided on the Locus, in
substantially the location shown on the proposed site plan are
marked up by the Applicants, a reduced copy of which is attached
hereto as Exhibit B; and
(e) Occupancy of both dwelling units in the cottage structure is
restricted to year- round occupancy, without further relief from
this Board.
11. In the event the Applicants proceed to demolish some structures on the
Premises and renovate one building at a time, the obtaining of a building permit
under this Special Permit and the subsequent timely commencement of
demolition, construction and/ or renovation of any portion of the project
described herein shall constitute enactment of this Special Permit,
notwithstanding the issuance of a Certificate of ancy for any structure.
(
Dated: January AQ 2006 "
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COMMONWEALTH OF MASSACHUSETTS
Superior Court
Civil Action
No. Ob-OS
ELIZABETH B. SIBLEY, TRUSTEE
OF SIBLEY NOMINEE TRUST
Plaintiff,
v.
DALE W. WAINE,
NANCY J. SEVRENS,
C. RICHARD LOFTIN,
DAVID WILEY and
KERIM KOSEATAC, as they
are the members of the
NANTUCKET BOARD OF APPEALS,
and
ROBERT D. GARRISON and,
LUCINDA B. GARRISON,
Defendants.
)
)
)
)
)
)
) ,
)
)
)
)
)
)
)
)
)
)
NOTICE OF
FILING
You are hereby notified, pursuant to Section 17 of Chapter
40A of the Laws of Massachusetts, that Elizabeth B. Sibley, as
Trustee of Sibley Nominee Trust, has filed an appeal of a
decision of the Nantucket Board of Appeals dated January 20,
2006 and filed with the Nantucket Town Clerk on January 20,
2006, granting relief by Special Permit to Robert D. Garrison
and Lucinda B. Garrison.
Dated: February 9, 2006
Respectfully submitted,
Elizabeth B. Sibley
as Trustee as aforesaid,
Plaintiff
By her attorney,
/~AaU'A~
Kenneth A. Gullicksen
BBO# 550765
Reade, Gullicksen, Hanley
& Gifford, LLP
Post Office Box 2669
Nantucket, MA 02584
Tel. (508) 228-3128
F:\WpS\SibleY-Liddle\Union\GarrisonZBA\Notice.do~
._ ~:05/~4 ._~5: 56 .F~ 5?~._ 228 3725 _ .__" ,~C~.?~l~l?RIOR 0.
...'I1olo',A.v"""Wif....
[4J 001
'l!,JuU'!1 U.LU
--...:....~~~-
Docket Number
- .-... .--" -' --
--.--
CIVIL ACTION COVERSH\::.~
Trial couC't of MassachuseOS
SUPERIOR COURT OEPARTh\EN'f
counl'p
PLAINTIFF(S) Elizabeth B. Sibley, Trustee
DSFENDANT(S) Nantucket Board of Appe~ls
'ison and Lucinda B. Garrison
-'
-
. A TIORNEY, FIRM NAME, ADDRESS AND TELEPHONE
KennethA. Gullicksen, Reade, Gullicksen,
.R:Anlecif.2" lb~f~~nfs T.LP~ef'..O. Box 2669, Nantucket
B-oarCn 6a, ee ~, ,::rc,",ll c; 5a MA
Onain code and ttack desiQnation .
Place an x in one box only: .
I x ] 1. F01 Origihal Campla1" t ( ] 4. F04 01_ court Appeal c.f31. ~. 97 &104 (Alte.--.rial) (lC:)
I ]2. F02 Removal'" sup.c.t. c. 231. s.104 ( I 5. FOS ReactiVal"d al"erresCllpt;re\lef from Judgme""
(Before trial) IF) Order IM....R.Ov.P. 60) ~)
( )3. F03 Retransler I<> SUI'.Ct. C.231 , s. 1 02C (Xl ( I 6. 'El0 Surnma'Y process Appeal (^)
,,'fPE OF ACTION AND TRACK oesIGNA.TION (See reverse side)
'TYPE. OF ACTION (Specify) ~cK IS THIS A JURY CASE?
Zoning Appeal (F) ( ) Yes Qcx) NO
,
, :""he followin 9 is a full, Itemized anCl detailed statement of the facts on ~ich. pl~intiff r~lies to determine .
J!1oney damages. For this form. disregard double or treble damage claIms: IndIcate sIngle damages only.
A TIORNEY (if known)
- CODE NO.
._ '':: CO 2
A.
TORT CLAIMS
, (Attach additional sheets as necessary)
Documented medlc;.al expenses to date:
1. T olal hospital ""penses ............................................... $.--.. ....., ....
2. Total Docto r expenses .........................................-....... $.... .......--.
3 . Total chiropra<:lic expenses .................................-........... $...........m
4. Tolal physicall:herapy expenses ...................................... .'. $..--..........
5. Total other expenses (describe) ..........................:.... -- .. . . . . .' S...,..........
Subtotal $-...........--
Doctlmented lost wages and compensation to date ............................. $........,.....
DocumeQted propl~rty damages to date .... - . . . , . . . . - - - . . . , . . - - - . . . . - - - - . . . . . $..............
Reasonably anticipated future medical and hospital' expenses ................ . . .. S..............
Reasonably anticipated lost wages .......... - - . . . . . . . . . - - - . . . . . . . . . .'.'. . . . . . . $, ........-.-.
other documented items of damages (describe)
I . . $...........--
Brie'f description 9f p1aintiff'S iniury, including nature and extent of injulY (describe)
'~~L.,'
$..........-..
TOTAL:' $......:..-...
CO~TRACT CLA'MS
, (Attach additional sheets as necessary)
Provide a detailed desl::ription of claim(s):
TOTAL
$...~l~...
"' hereby certify that I \lave compiled with the requIrements of Rule 5 of the Supreme JUdicial Court
" UnIform Rules on Dispute Resolution (SJC Rule 1:18) requiring that 1 provide my clIents with intormatior
,. abOUt couri-<:onnectecl dispute 'esolution services and discusS with them the advantages and
\ ( disadvant?ges of the 'fariou5 methoas: rl//-j .
signature of Attom<lY of Record LtwAA(#/J""-"- DATE: ;./'1'"
, ',\\' AO.S.C.2003
.. t
ealof ision of Zonin Board of A eals
tEA5E-ID~-GAS5-NIJMBER.--NAM~ REtA TED ACTION PENDING IN 11Ie SUPERIOR
COURT DEPARTMENT .-.., ,,'
None
.,L
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss.
Superior Court
Civil Action
No. 00- oS
ELIZABETH B. SIBLEY, TRUSTEE
OF SIBLEY NOMINEE TRUST
Plaintiff,
v.
DALE W. WAINE,
NANCY J. SEVRENS,
C. RICHARD LOFTIN,
DAVID WILEY and
KERIM KOSEATAC, as they
are the members of the
NANTUCKET BOARD OF APPEALS,
and
ROBERT D. GARRISON and,
LUCINDA B. GARRISON,
Defendants.
COMPLAINT
1. The plaintiff, Elizabeth B. Sibley, Trustee of Sibley
Nominee Trust (sibley), is the record owner of the property at 9
Union Street, Nantucket, Massachusetts (the Sibley Property) by
virtue of a deed recorded with Nantucket Registry of Deeds in
Book 556, Page 29.
2. The defendants, Dale W. Waine, Nancy J. Sevrens, C.
Richard Loftin, David Wiley and Kerim Koseatac (the "Board of
l\PPo.J.ls"), are member:; (in the in3tance of Wiley--~Hld ~o.seata(.
al terna te members) of the Nantucket Board of Appeals, and are
all of the members of the Nantucket Board of Appeals who
participated in the matter which is the subject of this action;
1
they reside at the following addresses,
all situated in
Nantucket, Nantucket County, Massachusetts:
Dale W. Waine
Nancy J. Sevrens
C. Richard Loftin
David Wiley
Kerim Koseatac
11 Bishops Rise
24 Vesper Lane
36 Madaket Road
68 Union Street
30 North Water Street
3. The defendants Robert D. Garrison and Lucinda B.
Garrison (collectively Garrison), are individuals who reside at
11 Union Street, Nantucket, Nantucket County, Massachusetts (the
Garrison Property) .
4. The Sibley Property directly abuts the Garrison
Property.
5. The Garrison Property consists of an undersized lot
which contains a dwelling which also contains a one bedroom
apartment, a separate one bedroom cottage and a garage.
6. Garrison submitted an application to the Board of
Appeals proposing to: renovate the main dwelling by converting
it
into
a
single
family dwelling;
demolish the garage;
substantially expand the size of the cottage and turn it into a
duplex; and expand the ground cover, which already exceeded that
permissible for an undersized lot.
7 . Sibley appeared at the hearing of the matter,
personally and through counsel, and objected to the application
2
on various
grounds including that the relief sought exceeded
the authority of the Board and the project, if allowed, would be
substantially more detrimental to the neighborhood than existing
conditions.
8. The Board of Appeals entered a decision dated January
20, 2006, and filed with the Nantucket Town Clerk on January 20,
2006, (a certified copy of which is attached) which subject to
certain conditions, grants relief by Special Permit to Garrison,
as owner of the Garrison Property, as follows:
(a) Under Nantucket Zoning By-law
(the "By-law")
5139-33A,
to
allow
renovation of
the
primary
structure,
relocation of the apartment unit from the primary structure to
the cottage structure and relocation and expansion of the
cottage structure to contain two dwelling units; and
(b) Under By-law 5l39-33E(2) to allow the increase in
ground cover by an additional 880 square feet.
9. The plaintiff is aggrieved by reason of the action of
the Board of Appeals in granting said decision, because said
decision exceeded the authority of the Board of Appeals, was
arbitrary and capricious,
was not justified by the facts
presented before the Board of Appeals and is inconsistent with
the vote taken by the Board.
Wherefore, the plaintiff brings this action pursuant to
M.G.L., c. 40A, 517, and By-law 5139-30.G, to appeal from the
3
granting of Special Permit relief to Garrison by the Board of
Appeals as set forth above, and requests this Honorable Court to
grant the following relief:
(a) Determining that the decision of the Board of Appeals,
granting Special Permit relief to Garrison in this matter, was
not justified by the facts and exceeded the authority of the
Board of Appeals;
(b) Annulling the decision of the Board of Appeals in this
matter; and
(c) For such other and further relief as this Court shall
deem appropriate.
Dated: February 9, 2006
Respectfully submitted,
Elizabeth B. Sibley
as Trustee as aforesaid,
Plaintiff
By her attorney,
~~J)1LL.
Kenneth A. Gullicksen
BBO# 550765
Reade, Gullicksen, Hanley
& Gifford, LLP
6 Young's Way
Post Office Box 2669
Nantucket, MA 02584
Tel. (508)228-3128
Fax (508)220 5GJO
c:\wpS\Sibley_Liddle\UniOn\GarrisonZaA\Cornplaint.dOC
4
AMENDED
NANTUCKET ZONING BOARD OF APPEALS
1 East Chestnut Street
Nantucket, Massachusetts 02554
11 Union Street, Nantucket
Assessor's Map 42.3.1, Parcel 44
Residential-Old Historic
Deed Book 333, Page 129
No plan on record
DECISION:
1. At public hearings of the Nantucket Zoning Board of Appeals,
opened on Frid'ay, October 14,2005, continued to November 18, 2005 for further
discussion, and concluded on January 6, 2006, at 1:00 P.M., in the Conference
Room in the Town Annex Building, 37 Washington Street, Nantucket,
Massachusetts, the Nantucket Zoning Board of Appeals made the follm'{ing~
Decision on the Application (068-05) of ROBERT D. GARRISON AND
LUCINDA B. GARRISON, of 11 Union Street, Nantucket, MA 02554, in
connection with property known as 11 Union Street, Nantucket, Massachusetts.
The Decision was appealed. in the action Sibley v. Waine, et at Nantucket
Superior Court Civil Action No" 06-05. At further public hearing of the
Nantucket Zoning Board of Appeals on Fridav, December 8, 2006, the Nantucket
Zoning Board of Appeals modified the Decision in BOA File No. 068-05. The
modified Decision of the Board of Appeals is as follows:
2. Applicants are seeking relief by SPECIAL PERMIT under
Nantucket Zoning By-law Section 139-33A (alteration/ expansion of pre-
existing/ nonconforming use/ structure). Applicants proposed to alter the
nonconforming use of the property, three dwelling units on one lot, by
renovating the existing duplex structure in the main building by relocating one
unit to the existing cottage and converting that structure into a duplex, thus
maintaining three dwelling units" An existing garage structure would be
demolished to provide room to expand the cottage. The height of the cottage
would increase within the required five-foot setback areas but would come no
closer to the lot lines than the existing structure. The new addition, constituting
the increase in ground cover, would be conforming as to setbacks. As part of the
project the main structure would also be renovated. Applicants are also seeking
relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33E(2).
As part of the renovation and expansion of the cottage, Applicants are asking to
increase the ground cover from about 41 % to no more than 50%, which is
allowed by a grant of special permit relief for sub minimum lots in the ROH
zoning district. One parking space is currently provided on site. Applicants
propose to add a second parking space if possible. The lot is nonconforming as
to lot size, with the lot containing about 4,400 square feet of area in a district that
requires a minimum lot size of 5,000 square feet; as to ground cover with the lot
containing about 41 % ground cover ratio in a district that allows a maximum
ground cover for undersized lots of 30%; as to setback, with the main house
being sited as close as about one foot from the southerly side yard lot line, and
the cottage being sited as close as about one foot from the westerly rear yard lot
line and about two feet from the northerly side yard lot line, in a district that
requires a minimum side and rear yard setback of five feet; as to parking with
the lot having one parking space where there are three required; as to use, with
there being three dwelling units on the property, rather than a maximum of two
as allowed in this district.
The Premises are located at 11 UNION STREET, Assessor's Map 42.3.1,
Parcel 44, no plan on record, Deed Book 333, Page 129. The property is zoned
Residential-Old Historic.
3. Our Decision is based upon the Application and accompanying
materials, affidavits, representations and testimony received at our public
hearings. The Planning Board made a negative recommendation. Over the
several hearings, an email was received from an abutter immediately to the west
in opposition to the height and massing of the originally proposed new cottage;
two letters were submitted from the direct abutter to the south and members of
the abutter's family appeared on her behalf expressing concerns about the size of
the proposed structure, parking and intensity of use, as well as unrelated issues
concer!1ing the exact location of the COIU..1TIon property line with the Locus and
the stability of the rear retaining wall below the embankment; and the direct
abutters to the north spoke against the Application, in person and through
counsel about concerns related to density of use on the property and negative
impact on the traffic situation in the neighborhood. The file also contained a
letter from the Applicants in which all of the changes that had been made since
the previous two hearings were outlined. The Applicants listed the names and
addresses of several nearby abutters that were not opposed to the project.
4. There was an Affidavit in the file from the predecessor-in-title that
verified that the property contained three separate dwelling units from a time
prior to the 1972 enactment of the Zoning By-law and prior to when the
Applicants purchased the property in 1989. The Affidavit also stated that the
structures had been in their present locations prior to 1972. The location of the
primary structure and the cottage was also verified by aerial photographs
contained in the Town records from 1938 and 1957. Such information was not
challenged at the hearing. Having reviewed this information and hearing no
contradictory evidence from any source, the Board found that the use of this
property for three dwellings was a validly grandfathered, pre-existing, non-
conforming use and proceeded with the hearing.
5. Applicants, through counsel and personal testimony, stated that
the existing improvements on the property are shown on the "Mortgage Plot
Plan" (the" plan") dated September 6, 1989, prepared by Nantucket Surveyors,
Inc., a reduced a copy of which is attached hereto as Exhibit A. The existing
primary wood frame dwelling situated on the south side of the Locus currently
2
contains two dwelling units (referred to herein as the II primary structure") and is
sited as close as 1:t foot from the southerly property line. The existing one-story
cottage is situated in the northwesterly corner of the Locus (referred to herein as
the II cottage structure"), contains a third dwelling unit and is sited as close as 1:t
feet from the northerly property line and 2:t feet from the westerly property line,
according to the attached plan. There is also a garage situated on the north side
of the Locus that the Applicants are proposing to demolish. The total ground
cover ratio of all structures on the Locus is currently about 41 % according to the
plan. According to the plan, the Locus contains about 4,400 square feet of lot
area; with there being no recorded plan of the Locus. Applicants stated that a
review of the surrounding Union Street area indicated that lot sizes, placement of
dwellings and parking areas was comparable to the Locus. In addition, said
review showed that only two lots were conforming as to minimum lot size and
most contained ground cover rations far in excess of the maximum allowed for
subminimum lots of 30% and 50% for conforming lots in the ROH zoning
district. The property was also serviced by town water and sewer and thus there
was no other limitation on number of bedrooms on the site.
6. Applicants, through counsel and personal testimony, stated that
they purchased the property in 1989 and have lived in the primary structure
year-round since then. Applicants represented that when they bought the
property the primary structtlre had been used more like a lodging house with
several rooms used as bedrooms. They reduced the intensity of use in the
primary structure and maintained the existing cottage structure with little
changes. They have rented the apartment located in the primary structure as
well as the dwelling unit in the cottage structure located to the rear of the lot.
Applicants stated that they needed to undertake a substantial renovation of the
historic primary structure and needed to move out of the structure to do so. They
wished to remove the garage structure from the property and enlarge and
renovate the existing cottage structure to accommodate their family of four in
one new unit and upgrade the current one-bedroom unit in the existing
structure. The lot would continue to contain three separate dwelling units with
there being one in the primary structure and two in the cottage structure, with
the relocation of the apartment in the primary structure to the cottage structure,
with an increase in number of bedrooms from six to nine. One parking space
had historically been provided on site and the Applicants proposed to provide
two conforming spaces on the property to help mitigate the parking situation in
the neighborhood, as many other properties did not have on site parking and
parked on the street. Applicants were asking the Board to define a building
envelope and not restrict the design elements as they had not applied to the
Nantucket Historic District Commission ("HDC") for approval of the design.
Applicants explained that they had felt that going to the Zoning Board of
Appeals prior to going to the HDC would be prudent given the costs of
architectural plans should the Board alter the proposal or deny the requested
relief.
3
7. The Board expressed concerns related to intensity of use, density of
structures on the lot, parking, setback intrusions, massing of the proposed
cottage structure, and actual size of the lot. In response to such concerns and
suggestions of the Board and abutters expressed at the several public hearings on
the Application, the Applicants made several changes to their initial submission.
At the third public hearing, Applicants presented their proposal to renovate the
primary structure into a single-family dwelling with a maximum of four
bedrooms. The kitchen would be removed from the apartment space and the one
bedroom dwelling unit would be relocated to the cottage structure, maintaining
a maximum of the three dwelling units on the site. The southerly portion of the
cottage structure would be removed from the site and the remaining
nonconforming northerly portion of the cottage structure containing about 160
square feet of ground cover would be relocated to a site so as to conform to the
setback requirements. It would then be renovated and expanded in order to
accommodate maintain the existing unit and accommodate the relocated one-
bedroom unit from the primary structure. The expansion and renovation of the
cottage structure would result in above ground floors that would be dedicated to
one dwelling unit with a maximum of three bedrooms and a separate basement
dwelling unit with a maximum of one bedroom. Due to the Applicant(
agreement to relocate the remaining portion of the cottage structure, the
necessity for relief to expand the cottage structure within the required setback
areas is thereby eliminated. The existing garage would be demolished with the
expanded cottage structure to be sited substantially on that site, and the
Applicants further agree not to expand the footprint of the relocated, renovated
and expanded cottage structure beyond a maximum ground cover of 880 square
feet and construct the new addition so as to have a maximum ridge height of no
more than 25 feet above mean grade, with the remaining portion of the cottage
structure to have a maximum ridge height above mean grade of 15~ feet. The
cottage structure would be conforming as to setback requirements in all respects.
The Board finds that these design constraints would ensure that the structures on
the site would retain the massing relationship between the primary structure on
the Locus, and the expanded and renovated cottage structure and would be in
keeping with the neighborhood.
8. Applicants further agreed to restrict the use of the two dwelling
units in the cottage structure to year-round occupancy and agreed to the
imposition of same as a condition of the grant of special permit relief. The Board
expressed that imposing the condition as to year-round occupancy was an
important factor in their willingness to grant the requested relief. Applicants
represented that although the Locus is grandfathered for one parking space,
Applicants would, as a condition of the grant of relief, provide two conforming
4we-parking spaces, in the location shown on the Proposed Site Plan, which is
Exhibit A as marked up by the Applicants, a reduced copy of which is attached
hereto as Exhibit B. Applicants further agreed to reduce the number of
bedrooms contained on the lot from the originally proposed nine to a total of
eight, four in the primary structure, one in the basement apartment and three in
the other dwelling unit.
4
9. Based upon the foregoing, the Board finds that there would be a
benefit to the neighborhood, as the nonconformity related to the siting of the
existing cottage within the required five-foot setback areas would be eliminated;
two conforming parking spaces would be created on site; and to further the
maintaining of the residential character of the downtown area and supply much-
needed year-round housing, a condition would be imposed on the two dwelling
units in the cottage structure that would ensure that the units would be restricted
to year-round occupancy. In addition, based on the below conditions, the Board
also finds that the proposed changes to the primary structure, by removing the
third dwelling unit and relocating it to the relocated, renovated and expanded
cottage structure, that would then contain two dwelling units, would not be
substantially more detrimental to the neighborhood than the validly pre-existing
nonconforming uses and improvements. Further the Board finds that the
increase in ground cover to allow a cottage structure that would contain a
maximum of 880 square feet and increasing the ground cover to less than about
47% from about 41 % would not be substantially more detrimental to the
surrounding neighborhood as the area is comprised of similarly sized, if not
smaller lots, with ground cover ratios in excess of the allowable of 30% for
subminimum lots and a grant of relief would be in keeping with similar relief
granted in the neighborhood.
10. The Board of Appeals, by a UNANIMOUS vote, GRANTS the
requested relief by SPECIAL PERMIT under Nantucket Zoning By-law Section
139-33A to allow renovation of the primary structure, relocation of the apartment
unit from the primary structure to the cottage structure, and relocation and
expansion of the cottage structure on the Locus to contain two dwelling units;
and under Section 139-33E(2) to allow the increase in ground cover expanding
the cottage structure to a total of not more than by an ;ldditional 880 square feet.
Relief is hereby granted based upon the following conditions:
(a) The primary structure shall be renovated into a single-family
dwelling with not more than four bedrooms, and the kitchen unit
shall be removed from the apartment so that the primary structure
willwould contain one kitchen unit;
(b) The cottage structure, as relocated, renovated and expanded into a
structure containing two dwelling units, shall contain a basement
dwelling unit with not more than one bedroom and a separate
dwelling unit on the upper floors with not more than three
bedrooms and no other rooms in the structureuppcr dTNclling_~
shall qualify as a "bedroom" under the requirements of the
Massachusetts State Building Code or the local Town of Nantucket
Board of Health Regulations, 'withoutin the absence of further relief
from this Board;
5
fe1The cottage structure containing two dwelling units, as relocated,
renovated and expanded, shall conform to all setback requirements
and shall not exceed 880 square feet of ground cover in the absence
Q[ \Nithout further relief from this Board. The remaining relocated
about 160 square-foot portion of the original cottage shallwould be
retained and shall have a ridge height that does not exceed 2+15
feet above mean
(c) _grade, and the addition to the cottage structure shall have a
ridge height that -does not exceed 25 feet above mean grade~
without furthcr rclief from this BOJ.rd;
(d) Two conforming parking spaces shall be provided on the Locus, in
substantially the location shown on the proposed site plan are
marked up by the Applicants, a reduced copy of which is attached
hereto as Exhibit B; and
(e) Occupancy of both dwelling units in the cottage structure is
restricted to year- round occupancy, Yvyithout furthcr relief from
thiG BOJ.rd.
11. In the event the Applicants proceed to demolish some structures on the
Premises and renovate one building at a time, the obtaining of a building permit
under this Special Permit and the subsequent timely commencement of
demolition, construction and/ or renovation of any portion of the project
described herein shall constitute enactment of this Special Permit,
notwithstanding the issuance of a Certificate of Occupancy for any structure!
provided nothing in this paragraph shall be construed as allowing the expansion
of the cottage structure to two dwellings prior to the removal of a kitchen from
the primary structure.
Dated: Jat1uJ.ry December
,2006
Da.lc Vva.ir.c
N a.ncy J. Scvrcnf,
C. Richard Loftin
D;r'id 'MilCH
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RECEIVED
IOARD OF ASSESSORS
NOV - 8 2006
\ ' TOWN OF Town of Nantucket
NANTUCKET, ~NING BOARD OFAPPEALS
---
PHILBRICK AND AVERY LLP
. :P.O. BOX 148
ZERO MAIN STREET, 2ND FLOOR
NANTUCKET, MA 02554
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LIST OF PARTIES fN fNTEREST IN THE MATTER OF THE PETITION OF
PROPE~TY OWNER.m~J?.:6:P.~.~..~.~.~...~. &Dft,€A~~
MAl LrNGA DDRESS......I.t.... L4-)J.Q~... .~.~. .jJ.D.JlNCA~4.. fA. A 02 ss4
PROPERTY LOCATION,... ...H... ~U?t:-!. ..~......... ................
ASSESSORS MAP/PARCEL... .4.~,.3,..1, '-J...P~~L, .4:.4..,.,...., ......
APPLICANT.".. ...... ~.~...,............ .._.. ..............,............... .........
PHILBRICK AND AVERY LLP
P.O. BOX 148
%ERO MAIN STREET, 2ND FLOOR
, NANTUCKET, MA 02554 SEE A IT ACHED PAGES
I cenify that the foregoing is a list of persons who are owners of abutting property. owners of
land directly opposite on any public or private street,or way; and abutters of the abutters and aU
other land owners within 300 feet of the property line of owner's property, all as they appear on
the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139.
Section 139-290 (2)
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