HomeMy WebLinkAbout080-06
TOWN 'OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:dYo~r G
, 200~
To: Parties in Interest and. Others concerned with the
--])ecrsIon-H6f the BOARD OF APPEALS in the Application of the
following:
""'
Application No.:
An Appeal from this Decision may be taken pursuant to
Section 17 of Chapter 40A, Massachusetts General Laws.
~.Anx 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
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.
~~
cc: Town Clerk
Planning Board
,Building ComrnissJoner
.;
~
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.
ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, MA 02554
Assessor's Map 55
Parcel 43.2
ROH
64 Monomoy Road
Plan No. 47 -B, Unit #3
Deed Ref. 863/297
At a Public Hearing of the ZONING BOARD OF APPEALS held at 1 :00
P.M., Friday, September 8,2006, in the Conference Room at the Town Building
Annex, 2 Fairgrounds Road, Nantucket, Massachusetts, on the Application of
KANE NANTUCKET FAMilY GROUP lP #1, DAVID M. KANE, PRINCIPAL,
OWNER OF UNIT #3 OF THE SHEARWA TER CONDOMINIUM TRUST AND
FOR CREX-KANE llC, of 100 Summer Street, Weston, MA 02493, Board of
Appeals File No. 080-06, the Board made the following Decision:
1. Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning
By-law Section 139-33A (alteration/expansion of a pre-existing nonconforming
use/structure). Applicant proposes to expand the single-family dwelling by
constructing a small conforming dormer on the southeasterly side of the structure
within the existing footprint and outside of the required setback areas. The
footprint of the garage would not be altered and no existing nonconformity would
be increased. Applicants' Unit #3 is one of three pre-existing nonconforming
separate dwelling units on the Locus in a district that allows a maximum of two
dwelling units on a single lot. The property as a whole would continue to meet
parking requirements. In addition, the Locus is nonconforming as to side yard
setbacks, with Unit #1 being sited as close as about 3.1 feet from the westerly
side yard lot line, with Unit #3 being sited as close as about 2.83 feet from the
easterly side yard lot line, and with Unit #1's garage being sited as close as
about 4.50 feet from the easterly side yard lot line, in a district that requires a
minimum side yard setback of five feet. The Locus is conforming as to lot size,
frontage and ground cover. See also BOA File Nos. 092-00, 023-01, 005-03 and
029-04.
The Premises is located at 14 WARREN STREET, UNIT # 3, Assessor's
Map 55, Parcel 43.2, Plan No. 47-B, Unit #3. The property is zoned Residential-
Old-Historic.
2. The Decision is based upon the Application and materials submitted
therewith, and the testimony and evidence introduced at the hearing. There was
no recommendation from the Planning Board as the Board determined that the
matter was not of planning concern. On file was a sign-off from the owner of Unit
#2 stating that he had no objection to the proposal. There were no other letters
on file and no opposition expressed at the hearing.
3. Applicant represented that he was seeking relief by special permit
pursuant to Nantucket Zoning By-law Section 139-33A in order to construct a
small conforming dormer on the southwesterly side of the single-family dwelling.
The dormer would be constructed within the existing footprint and outside of the
required setback areas and would have no impact upon the neighborhood. The
dwelling is one of three separate condominium dwellings on the lot having
frontage on both Warren Street (the "Locus") and New Street. The Applicant
owns both Unit #1 and the subject Unit #3. The Locus is conforming as to
minimum lot size, parking, frontage, groundcover and front yard setback. All
three dwellings are pre-existing habitable dwellings as validated in previous
decisions for this property that granted similar relief to alter and expand this
dwelling as well as the other two dwellings and garage. Applicant has also
obtained Certificate of Appropriateness No. 48,856 from the Historic District
Commission for the dormer as well as other changes to the fayade of the
structure.
4. Therefore, based upon the foregoing, the Board of Appeals finds that the
proposed dormer is in keeping with the residential character of the neighborhood,
does not violate the spirit or the intent of the Zoning By-law, and is not
substantially more detrimental to the neighborhood than the existing
nonconformities and does not increase any zoning nonconformity and in fact, due
to the de minimis nature of the dormer, would have no effect on the
neighborhood. In addition, the Board finds that though the dormer is conforming
in all respects as to the Zoning By-law requirements, special permit relief is
necessary due to the fact that there are three dwelling units on the Locus in a
district that allows a maximum of two dwelling units on one lot and any expansion
of any of the dwelling units would required special permit relief.
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 construction of the dormer as proposed, subject to the following condition:
a. The alteration and expansion of the studio shall be done in
substantial conformance with the plans approved by the istoric
District Commission in Certific . teness No. 48,856,
as may be amended from tim to time.
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Date: October W 2006 '''~
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Burr Tuppe -
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Nancy J. Sevrens
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
....",
. 2F AIRGROUNDS ROAD
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, SEPTEMBER 8, 2006 in the Conference Room, at ~
FAIRGROUNDS ROAD" Nantucket, Massachusetts, with a vehicular entrance from
Old South Road and a pedestrian entrance from the front of the former Nantucket Electric
Company building, on the Application of the following:
KANE NANTUCKET FAMILY GROUP LP #1, DAVID M. KANE, PRINCIPAL,
OWNER OF UNIT #3 OF THE SHEARW A TER CONDOMINIUM TRUST AND
FOR CREX-KANE LLC
BOARD OF APPEALS FILE NO. 080-06
Applicant is seeking reliefby SPECIAL PERMIT under Nantucket Zoning By-
law Section 139-33A (alteration/expansion of a pre-existing nonconforming
use/structure). Applicant proposes to expand the single-family dwelling by constructing a
small conforming dormer on the southeasterly side of the structure within the existing
footprint and outside of the required setback areas. The footprint of the garage would not
be altered and no existing nonconformity would be increased. Applicants' Unit #3 is one
of three pre-existing nonconforming separate dwelling units on the Locus in a district that
allows a maximum of two dwelling units on a single lot. The property as a whole would
continue to meet parking requirements. In addition, the Locus is nonconforming as to
side yard setbacks, with Unit #1 being sited as close as about 3.1 feet from the westerly
side yard lot line, with Unit #3 being sited as close as about 2.83 feet from the easterly
side yard lot line, and with Unit #1's garage being sited as close as about 4.50 feet from
the easterly side yard lot line, in a district that requires a minimum side yard setback of
five feet. The Locus is conforming as to lot size, frontage and ground cover. See also
BOA File Nos. 092-00, 023-01, 005-03 and 029-04.
The Premises is located at 14 WARREN STREET, UNIT # 3, Assessor's Map
55, Parcel 43.2, Plan No. 47-B, Unit #3. The property is zoned Residential-aId-Historic.
/V OJ!A ~ (J;-f)~
Nancy J. Sevrens, Ch~an
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508..228..7215 FOR
FURTHER INFORMATION.
From:
08/23/2006 10:49 #016 P.OOl
NANTUCKET WNlNG BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
APPLICATION FOR RELIEF
CASE NO.O?O -CJ (P'
FEE: 5300.00
Applicant's name(s):
Mailing address:
Locu~ address: PI IVIfItq'N ~7- ~.3 Assessor's MaplParcel: 5"S-1 ~ .3 · "-
Land Court PlanIPlan Book & PagelPlan File No.: ,.~. 8 Lot No.: HIf~'" :t; ,
Date lot acquired:Lt ~..oI... Deed Ref./Cen. of Title: r~.3I;.'f.:J- Zoning District: t!:',,+t
Uses on Lot - Commercial: None_ Y es (describe)
Residential: Number of dwellings
Building Date(s): All pre-date 7/72? or C Of~5)?
-i
Building Permit Nos: a "
<,' ~
en
Previous ZOning Board Application Nos.: :;;t~. a
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a...
State below or on a separate addendum specific relief sought (Special Permit, ~riance, Appeal), Section of
the Zoning By-law, and supporfuig details, grounds for grant of relief, listing i..y e:xisti~onconformities:
)7~/O /It, 1<J4.NF- '1/d.J~~ LP)
10" S41t.t Itt&R ~~- tJj~Jllr N.:Ir tt:J ~ct13
(j,t."".,. )
. OWner's name(s):
Mailing address:
Duplex_ Apartments_Rental Rooms
,,1ZAi-;7~ (Jf' .n0" 1'/r~6lP f);,-;>hrFiL.
UQQ a rfoc~rf o&Jdb~
A
N
I certify that the informa .
knowledge, under the s
inOO herein is substantially complete and true to the best of my
en . of pe,.jury.
~ .
SIGNATURE: ' ApplicantY Attorney/Agent
(If not owner or owner' tto ~, ease enclose roof 0 agency to bring ~er before the Board)
, , A';," FOR A FF CEUSE, .1(_\ I H; l'
Application received 0 : ?,Z2~ By: Complete{VU Needcopie?' V/ G.v<J f
Filed with Town. Clerk: ~ Planolo . -'_BuildingDept.':_/-'_ y:
Fee deposited with Town Treasurer:~4Q.. BY:~Waiver requested?:_ Gn'lnted:_'-'_
Hearing notice posted with Town Clerk: ('/?:i-ttJz. Mailed: p /~I&M: K?J{ L1o.& ~ /~/ ~
Hearing(s) held OJ,l:-!-1_ Opened orr:---1-'_ Continued to:-1-1_Withdrawn?:-1---1_
DECISION DUE BY: / / Made: / " Filed wrrown Clerk: / / Mailed: / /
--- --- . --- ---
DECISION APPEALED?:_/-'_ SUPERIOR COURT: LAND COURT Form 4/03/03
ADDEMDUM
David Kane is seeking relief by Special Permit pursuant to Nantucket Zoning By-
law Section 139-33A in order to construct a small conforming dormer on the
southwesterly side of the single-family dwelling. The dormer would be constructed
within the existing footprint and outside of the required setback areas and would have no
impact upon the neighborhood.
The Premises is one of three condominium dwellings and a single-garage
structure improving the single lot of land located between, and having frontage on,
Warren Street (the "Locus") and New Street. The Applicant owns both Unit #1 and the
subject Unit #3. the Locus is conforming as to minimum lot size, parking, frontage,
groundcover and front yard setback. Locus is nonconforming as to side-yard setbacks
with Unit #1, Unit #3 and the garage being sited within the required five-foot side-yard
setback areas. All three dwellings are pre-existing habitable dwellings in a zoning district
that allows a maximum of two dwelling units per lot. All three dwellings and garage are
validly grandfathered as to setback and use and clearly shown in their present location on
a 1957 aerial in the Town of Nantucket records.
All three Units have received previous Board of Appeals relief to alter and expand
the dwellings in various manners (see the attached Decisions). The work proposed
through a grant of relief would be consistent with similar projects allowed through
similar grants of relief for other dwellings in the neighborhood and within the locus and
would not substantially more detrimental. Though the small dormer would be
conforming, any expansion of any of the three dwellings and garage would required
special permit relief from this Board due to the nonconforming number of units on site.
Applicant has also obtained Certificate of Appropriateness No. 48,856 from the Historic
District Commission.
lOwn 01 NantucKet weD VI:) - pnntaOle Map
Prop ID
Address
Owner
Sale Date
Sale Price
Book/Page
Lot Size
page 1 ot 1.
Town of Nantucket Web GIS
55 43.3
16 WARREN ST
KANE NANTUCKET
FAMILY GROUP LP #1
5 KANE INDUSTRIAL
DRIVE
HUDSON, MA 01749
12/10/2003
$795,000
00864/0278
o acres
NOT A LEGAL DOCUMENT
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
Ois~l('Ijmer 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
Town of Nantucket, Mass
Map Composed
http://host.appgeo.comlnantucketmaJPrintableMap.aspx?Preserve=Width&Map Width=864... 8/22/2006
r.............._.........h;... T....;:....-..................;........ r.................... IrTC"\ .-4.............................
lOwn or NantUcKet wen Vl:S - t'nntaOle Map
Prop ID
Address
Owner
Safe Date
Sale Price
Book/Page
Lot Size
t'age 1 or L
Town of Nantucket Web GIS
55 43.3
16 WARREN ST
KANE NANTUCKET
FAMIlY GROUP LP #1
5 KANE INDUSTRIAL
DRIVE
HUDSON, MA 01749
12/10/2003
$795,000
00864/0278
o acres
.
NOT A LEGAL DOCUMENT
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
Di~<:laimgr The infonnation 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
Town of Nantucket, Mass
Map Composed
http://host.appgeo.comlnantucketmalPrintableMap.aspx?Preserve=Width&Map Width= 176... 8/22/2006
r...."'................h;... T....t:...................;,...... c.................. 'rTC\ ..............J.......~'"'
1 own or NantucKet wen Ul~ - t'r1tltat>le Map
page 1 ot 1.
Town of Nantucket Web GIS
Prop ID
Address
Owner
Sale Date
Sale Price
Book/Page
Lot Size
55 43.3
16 WARREN ST
KANE NANTUCKET
FAMILY GROUP lP #1
5 KANE INDUSTRIAL
DRIVE
HUDSON, MA 01749
12/10/2003
$795,000
00864/0278
o acres
NOT A LEGAL DOCUMENT
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
Qiscli'llmeI 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
f',...,........._..........h:... T...&:....._..............;........ co. ................... frYe"' ,..1..........1-..............
Town of Nantucket, Mass
http://host.appgeo.com/nantucketmaJPrintableMap.aspx?Preserve=Width&Map Width=216... 8/22/2006
Map Composed
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Page 1 01 1
Linda Williams
From: David M. Kane [Kane.dave@comcast.net]
Seftt: Wednesday, August 23, 2006 10:25 AM
To: Linda Williams
Subject: 14 Warren Street Crex-Kane
Linda,
Susan Shepherd will sign the ZBA application on my behalf as the agent for 14 Warren Street.
Thankyou,
Dave Kane
DavidM. Kane
5 Kane Industrial Drive
Suite One Hundred
Hudson, MA 01749
(978) 568-0900 Fax (978) 568-0336
8/23/2006
., '
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
)YJ~ Z-z.-., 2001
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.:
CQ3- 0 I
Owner/Applicant: G {=~RE:. f(.~'ALTtt TRuST,
(fEM0~ Dey ,If!U91'EE../ OuJ}JF~~ I A4UD cI:A-l f'J R.
(hCCYi))~ 1 ('()k)TRA-a- pW.CH- A~ R
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 9139-301 (SPECIAL PERMITS); 9139-321 (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 55
Parcel 43.2
ROH
14 Warren Street, Unit #3
Plan File 47-B
Deed Ref 400/30
At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M.,
Friday, Apri16, 2001, in the Conference Room, Town Annex Building, 37 Washington
Street, Nantucket, Massachusetts, on the Application of OFFSHORE REALTY TRUST,
PENNEY DEY, TRUSTEE/OWNER, AND lAIN R. MOODIE, CONTRACT
PURCHASER, 17 Warren Street, Nantucket, MA 02554, and Box 2432, Nantucket, MA,
02584,respectively, Board of Appeals File No. 023-01, the Board made the following
Decision:
1. Applicant (Moodie) is seeking relief by SPECIAL PERMIT under Nantucket
Zoning Bylaw Section 139-33A (alteration/expansion of a pre-existing nonconforming
structureluse). Applicant proposes to construct a conforming about 290 square-foot
addition onto the westerly side of an existing single- family dwelling. The structure is one
(1) of three (3) dwelling units on the Locus, with the Zoning Bylaw allowing a maximum
of two (2) dwelling units on one (1) lot in this district. Parking will be provided on site.
All dimensional zoning requirements will be met. The Locus is nonconforming as to side
yard setback distance with Unit #1 being sited at about 3.08 feet at its closest point from
the westerly side yard lot line and with Unit #3 being sited at about 2.83 feet at its closest
point from the easterly side yard lot line, in a district that requires a minitmlm side yard
setback offive (5) feet. See also BOA File No. 092-00.
The Premises is located 14 WARREN STREET, UNIT #3, Assessor's Map 55,
Parcel 43.2, Plan File 47-B. The property is zoned Residential-Old-Historic.
2. The Decision is based upon the Application and materials submitted with it and the
testimony and evidence presented at the hearings. The Planning Board made no
recommendation as the matter was not of planning concern. There were no letters on file
in favor or opposed.
3. Applicant (Moody) represented that he wished to expand the interior living space
of a small existing single- family dwelling by constructing an addition onto the westerly
side of the structure. The home is one (1) of three (3) separate dwelling units situated on
the Lot and are pre-existing nonconforming as to setbacks and number of dwelling units
on one (1) lot. The new about 290 square- foot addition would be conforming in all
respects and will meet all dimensional and parking requirements. The three (3) required
parking spaces are currently provided on site and would continue to be provided. The
Locus contains about 10,483 square feet oflot area (5,000 being the minimum required).
.;, ~
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The existing ground cover is about 3,017 square feet, or about 28.8% (a maximum of
50% is allowed), and the proposed about 15' x 18' addition on Unit #3 would result in an
overall ground cover of substantially less than the maximum of 50% allowed.
4. Therefore, based upon the foregoing, the Board :finds that the construction of the
addition would not be substantially more detrimental to the neighborhood than the
existing nonconforming situation, especially as the addition would be constructed in
conformance with zoning requirements and all required parking would be provided on site.
The Board further :finds that there would be little impact upon the neighborhood, and
would not change the number of dwelling units on the property and would not increase
any nonconforming setback, noting that the Applicant would have been able to construct
the addition as a matter of right without relief from this Board should there have been a
maximum of two (2) dwelling units on the property.
5. Accordingly, by a ummlmous vote, the Board GRANTS the requested SPECIAL
PERMIT under Nantucket Zoning Bylaw Section 139-33A to allow construction of the
conforming about 290 square-foot addition as proposed subject to the following
conditions:
a. The addition shall be constructed in substantial conformity with the
proposed site pIan, as shown on the marked up "Condominium Plan", dated May 25,
1994, done by Blackwell & Associates, Inc., showing the addition of up to about 290
square-feet to Unit #3, a reduced copy of which is attached hereto and marked as Exlnoit
:ated: MayZ'000l ~ 0 /l;
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
November 20
, 20 00
To: Parties in Interest and Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
followi'ng:
Application No.:
092-00
Owner/Applicant: OFFSHORE REALTY TRUST, PENNY DEY,
TRUSTEE, FOR ITSELF AS OWNER AND FOR RICHARD L. CUMBIE,
CONTRACT PURCHASER OF UNIT #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.
Ckyf~ .n('MJro
Michael J. O'Mara, 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); ~139-321 (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
i t
1
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
Deed Ref 400/30
At a Public Hearing of the Nantucket Zoning Board of Appeals held at 12:00
P.M., Friday, November 17, 2000, in the Conference Room, Town Annex Building, 37
Washington Street, Nantucket, Massachusetts, on the Application of OFFSHORE
REALTY TRUST, PENNY DEY, TRUSTEE, FOR ITSELF AS OWNER AND FOR
RICHARD L. CUMBIE, CONTRACT PURCHASER OF UNIT #1, of 17 Warren
Street, Nantucket, :MA 02554, and 94 Orange Street, Nantucket, MA 02554, respectively,
Board of Appeals File No. 092-00, the Board made the following Decision:
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETIS 02554
PHONE 508-228-7215
FAX 508-228-7205
1. Applicant (Cumbie) is seeking relief by SPECIAL PERMIT under Nantucket
Zoning Bylaw Section 139-33A (alteration/expansion of a pre-existing nonconforming
structure/use). Applicant proposes to construct a conforming addition onto the front of an
existing single-family dwelling. The structure is one (1) of three (3) dwelling units on the
Locus, with the Zoning Bylaw allowing a maximum of two (2) dwelling units on one (1 )
lot in this district. Parking will be provided on site. All dimensional zoning requirements
will be met. The Locus is nonconforming as to side yard setback with Unit # 1 being sited
at about 3.08 feet at its closest point from the westerly side yard lot line and with Unit #3
being sited at about 2.83 feet at its closest point from the easterly side yard lot line, in a
district that requires a minimum side yard setback of five (5) feet.
The Premises is located at 16 WARREN STREET, UNIT #1, Assessor's Map 55,
Parcel 43.3, Plan File No. 47-B. The property is zoned Residential-Old-Historic.
2. The Decision is based upon the Application and materials submitted with it and
the testimony and evidence presented at the hearing. The Planning Board made no
recommendation as the matter was not of planning concern. There were no letters in
opposition on file and no opposition expressed at the hearing. There was one (1) letter
from Offshore Realty Trust authorizing the Applicant to bring this matter before the
Nantucket Zoning Board of Appeals.
3. Applicant represented that he wished to expand the interior living space of a small
existing single-family dwelling by constructing an addition onto the front of the structure.
The home was one (1) of three (3) separate dwellings situated on the Lot. The new
addition would be conforming and meet all other dimensional zoning requirements. The
three (3) required parking spaces are currently provided on site and would continue to be
provided. The Locus contains about 10,483 square feet of lot area (5,000 being the
minimum. required). The existing ground cover is about 3,017 square feet, or about 28.8%
(a maximum of50% is allowed), and the 15' x 18' addition onto Unit #1 would result in
.. 11'
an overall ground cover of about 31.4%.
4. Therefore, the Board finds that the construction of the addition would not be
substantially more detrimental to the neighborhood than the existing nonconforming
situatio~ especially as the addition would be constructed in conformance with zoning
requirements and all required parking is provided on site. The Board further finds that
there would be little impact upon the neighborhood and notes that the Applicant would
have been able to construct the addition as a matter of right if there had been a maximum
of two (2) dwelling units on the property.
5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested relief
by SPECIAL PERMIT under Nantucket Zoning Bylaw Section 139-33A to allow
construction of the conforming addition as proposed subject to the following condition:
The addition shall be constructed in substantial conformance with the
Certificate of Appropriateness No. , issued by the Nantucket Historic District
Commission.
Dated: November~O, 2000
v;~
.~.~~
D.N- -~
\~ GtJ::1 ~li5'r~ V
Nancy S
1; s:lOrd~ ~
~J
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
ma~ I b ' 20'03
To~ Parties in Interest and, Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
fol,lowing:
Application No.: oos-' - 0'0
bvner/App1icant: (~nc: p. oncl (pcuJle.ttG
Cb.('C\ 0(2 ffi(prJ n r
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.
\ ~(~:t-JYzj " 9,~V?7M-
XhV)Q~ 0, ,0/:(21\'3/ Chairman
cc: Town Clerk
Planning Board
Building Commissioner
PLEASE NOTE: MOST SPECIAL PERMITS AND V^RIANCES HAVE A TIME
LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING-TO NANTUCKET
ZONING BY-LAW ~139-30I (SPECIAL PERMITS). ~139-32I (VARIANCES)
j
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 55
Parcel 43.1
ROH
13 New Street, Unit #2
Plan File 47-B
Deed Ref. 750/270
At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M.,
Friday, February 14,2003, having been originally noticed for January to, 2003 and
continued without opening, in the Conference Room, Town Annex Building, 37
Washington Street, Nantucket, Massachusetts, on the Application WAYNE p, AND
PAULETTE DARCY SEMPRINI, c/o Vaughan, Dale and Hunter, p.e., P.O, Box 659,
Nantucket, MA 02554, Board of Appeals File No. 005-03, the Board made the following
Decision:
1. Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-
Law Section 13 9-3 3 A (alteration/extension of a pre-existing nonconforming
structure/use). Applicants propose to alter and extend their single-family dwelling, known
as Unit, #2, one of three separate dwelling units on the Locus, by raising the roof ridge
height about two feet and constructing a dormer on the northwest roof plain for the
purposes of adding living space. All improvements will be conforming and outside the
required setback areas. All parking will continue to be provided on site. The Locus is
nonconforming as to use, with the Lot containing three dwelling units in a district that
allows a maximum of two on one lot: as to side-yard setbacks, with Unit # 1 being sited as
close as about 3,1 feet from the westerly side yard lot line, with Unit #3 being sited as
close as about 2.83 feet from the easterly side yard lot line, and with Applicants' garage
being sited as close as about 4.50 feet from the easterly side yard lot line, in a district that
requires a minimum side yard setback of five feet. The Locus is conforming to lot size,
frontage and ground cover.
The Premises is located at 13 NEW STREET, UNIT #2, Assessor's Map 55,
Parcel 431, Plan File 47-B. The property is zoned Residential-Did-Historic.
2. The Decision is based upon the Application and materials submitted with it and
the testimony and evidence presented at the hearings: The Planning Board made no
recommendation as the matter was not of planning concern. There were no letters on file
in favor or opposed. There were affidavits from the owners of Units # 1 and #3 signing off
on the proposed project as now submitted, which is a modification of the original
submission, with a reduction in the size of the dormer.
3. Applicants, through counsel, represented that they wished to expand the interior
living space ofa small existing single-family dwelling by constructing a dormer onto the
rear of the structure. The home is one of three separate dwelling units situated on the Lot
and are pre-existing nonconforming as to setbacks and number of dwelling units on one
. .
'-
lot. The new dormer would be conforming in all respects to the Zoning By-law. The three
required parking spaces are currently provided on site and would continue to be provided.
The Locus contains about 10,483 square feet oflot area (5,000 being the minimum
required). The existing ground cover is about 3,017 square feet, or about 28.8% (a
maximum of 50% is allowed), and the new dormer would be constructed within the
existing footprint of Unit #2. This Board has also granted similar relief to the owners of
the other two units in the previous Decisions in BOA File Nos. 092-00 and 023-01.
4. Therefore, based upon the foregoing, the Board finds that the construction of the
conforming dormer would not be substantially more detrimental to the neighborhood than
the existing nonconforming situation. There would.be no. change in.the intensity of use as
the number of dwelling units would not be increased and the dormer would be
constructed in conformance with zoning requirements, The Board further finds that there
would be little impact upon the neighborhood and notes that the Applicants would have
been able to construct the dormer as a matter of right without relief from this Board if
there had been a maximum of two (2) dwelling units on the property. The Board also
notes that the findings made for this grant of relief are consistent with those made in
granting the relief in the previous Decisions for Units #1 and #3.
5. Accordingly, by a unanimous vote, the Board GRANTS the requested SPECIAL
PERMIT under Nantucket Zoning By-law Section 139-33Ato allow construction of the
rear dormer as proposed, upon the following condition:
a. The dormer shall be constructed in substantial conformance with the
Certificate of Appropriateness No,tf!; Iq 7 as approved by the Historic District
Commission, as may be amended.
Dated: March I ~ 2003
\,
"t'~Geww
Nancy Sevr ns' '
\, Cf~u rlj~
\ .
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETIS 02554
Date:
.:Ju~ CJ
, 20 a L.{
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 L q ,..0 c..j
W()~I(1Q p. Gnd. ~)U:1te.
I .
rY\ (fV'1 r\ I
bwner/Applicant:
fuV'<' C{ ~
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.
~ 1~u~~
. Cl.M <!li .)'.' l/'('~ns, ehairman
....
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)~ n139-321 (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 55
Parcel 43.1
ROH
13 New Street, Unit #2
Plan File 47-B
Deed Ref. 750/270
At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M.,
Friday, May 14,2004, in the Conference Room, Town Annex Building, 37 Washington
Street, Nantucket, Massachusetts, on the Application WAYNE P. AND PAULETTE
DARCY SEMPRINI, c/o Vaughan, Dale and Hunter, P.C., P.O. Box 659, Nantucket, MA
02554, Board of Appeals File No. 029-04, the Board made the following Decision:
1. Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-
Law Section 139-33A (alteration/extension ofa pre-existing nonconforming
structure/use). Applicants propose to alter an existing nonconforming garage structure
that is part of Applicants' condo Unit #2 that also contains a separate single-family
dwelling, by converting the use to a studio with bathroom containing a hand sink and
toilet on the first floor and personal storage in the loft area in the second floor space. The
footprint of the garage would not be altered and no existing nonconformity would be
increased. Applicants' Unit #2 is one of three pre-existing nonconforming separate
dwelling units on the Locus in a district that allows a maximum of two dwelling units on
a single lot. The property as a whole would continue to meet parking requirements. In
addition, the Locus is nonconforming as to side yard setbacks, with Unit #1 being sited as
close as about 3.1 feet from the westerly side yard lot line, with Unit #3 being sited as
close as about 2.83 feet from the easterly side yard lot line, and with Applicants' garage
being sited as close as about 4.50 feet from the easterly side yard lot line, in a district that
requires a minimum side yard setback of five feet. The Locus is conforming as to lot
size, frontage and ground cover. See also BOA File Nos. 092-00, 023-01 and 005-03.
The Premises is located at 13 NEW STREET, UNIT #2, Assessor's Map 55,
Parcel 43.1, Plan File 47-B. The property is zoned Residential-Old-Historic.
2. The Decision is based upon the Application and materials submitted with it and
the testimony and evidence presented at the hearings. The Planning Board made no
recommendation as the matter was not of planning concern. There were letters on file in
favor of the proposed renovation and conversion of the existing garage to a studio from
the owners of Units #1 and #3.
3. Applicants, through counse~ represented that they wished to convert the pre-
existing nonconforming garage to a studio containing an office for home use, including a
half bath without a shower or bathtub, on the first floor, with a storage loft above. The
garage is appurtenant to Unit #2, one of three separate dwelling units situated on the Lot.
The garage is nonconforming as to side yard setbacks being closer than five feet to the
easterly property line in a zoning district with a side yard requirement of five feet. The
structure is validly grandfathered as to setback, with the garage being clearly shown in its
present location on a 1957 aerial in the Town of Nantucket records. The proposed garage
,>
alterations been approved by the Nantucket Historic District Commission (HOC) and is
benefited by Certificate of Appropriateness No. 43,464. Three required parking spaces
are currently provided on site and would continue to be provided. All work would take
place within the existing garage structure, without expanding its massing or footprint.
4. Therefore, based upon the foregoing, the Board finds that the conversion of the
pre-existing nonconforming garage to a studio containing an office for home use, a half
bath without a shower or bathtub on the first floor, with a storage loft above would not be
substantially more detrimental to the neighborhood than the existing nonconforming
situation and would not increase any nonconformities.
5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested relief
by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33A to allow the
conversion of the pre-existing nonconforming garage to a studio containing an office for
home use, a half bath without a shower or bathtub, on the first floor, with a storage loft
above, upon the following conditions:
a. The studio shall be constructed in substantial conformance with the
Certificate of Appropriateness No. 43,464 as approved by the HOC, as may be amended;
b. Exterior construction related to this project shall not take place between
June 1 and September 15 of any given year;
c. The studio shall be for personal use only and not used for commercial
purposes or as part of a "home occupation" as defined under Nantucket Zoning By-law
Section 139-2, without further relief from this Board;
DATED: June 9,2004
The studio shall contain no more than a half bath and not contain a shower
~)~ ~~
Nancy Sevr \
C. Richar
d.
or bathtub.
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