HomeMy WebLinkAbout016-06
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:~~ ~I , 20 O~
To: Parties in Interest and Others concerned with the
-DecIsIon of the BOARD OF APPEALS in the Application of the
following:
Owner/Applicant:
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Application No.:
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
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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.~ ~) Chairman
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); g139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET ZONING BOARD OF APPEALS
One East Chestnut Street
Nantucket, Massachusetts 02554
20 India Street
Assessor's Map 42.3.4, Parcel 22
Residential-Old Historic
Deed Book 527, Page 134
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday,
February 10, 2006, at 12:00 P.M., in the Conference Room in the Town Annex
Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the
following Decision on the Application (016-06) of CAROL MARCH EMERSON
CROSS, of 20 India Street, Nantucket, MA 02554, in connection with property
known as 20 India Street, Nantucket, Massachusetts:
2. Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning
By-law Section 139-33A (alteration/ extension of a pre-existing nonconforming
structure/use) and to the extent necessary, MODIFICATION of the relief granted
in the Decision in BOA File No. 034-04. Applicant was allowed to alter a
nonconforming barn by changing the use to a studio use without relocating the
structure out of the required setback area. During the construction process the
structure was disassembled and preserved with the intent of reassembling it on a
new foundation. The placement of a new foundation under the structure has
resulted in an about six-inch increase in the overall height of the building
without changing the massing of the structure itself, which is consistent with the
Nantucket Historic District Commission ("HDC") approved plans submitted to
the board at the time of the decision in File No. 034-04 and referenced in
Paragraph 5(b) as a condition of the grant of relief. The original foundation,
according to a 1994 survey available at the time of the original hearing, indicated
that the barn/ studio was sited as close as about .02 feet from the easterly side
yard lot line and as close as about .74 feet from the southerly rear yard lot line in
a district that requires a minimum side and rear yard setback of five feet. A new
site plan now indicates that the new foundation and thus reassembled structure
moved in a northerly and westerly direction and is now sited so as to be less
nonconforming as to setback requirements, with the studio now sited as close as
about 2.9 feet from the easterly side yard lot line and as close as about 1.4 feet
from the rear yard lot line. Applicant is seeking a relief by Special Permit to
validate the new siting of the structure as well as the minimal increase in height
by about six inches due to the new foundation. In addition the Applicant is
seeking to validate the reassembling of the structure on its new foundation
within the setbacks as indicated above. In the alternative or in addition,
Applicant is seeking relief by VARIANCE under Nantucket Zoning By-law
Section 139-16A (intensity regulations - setback) to complete the project as
originally approved and now re-sited. The property is conforming in all other
respects to the dimensional requirements of the Zoning By-law.
The Premises is located at 20 INDIA STREET, Assessor's Map 42.3.4,
Parcel 22, with no plan on record, Deed Reference Book 527, Page 134. The
property is zoned Residential-Old Historic.
3. Our Decision is based upon the application and accompanying materials,
and photographs, affidavits, representations and testimony received at our
public hearings. The Planning Board made no recommendation as the Board did
not meet in a time to render any opinion for this meeting. The Board received
two letters of support from abutters, and one of these abutters attended the
public hearing and spoke in favor of the application. The Board received one
letter in opposition from the southerly abutter, who appeared and spoke against
the application at the hearing, objecting to the Applicant's failure to site the barn
in the exact location after the new foundation was constructed, resulting in the
barn being about three feet closer to her nonconforming dwelling which is sited
within her required five-foot rear yard setback area, which is directly behind
Applicant's property. However, the abutter also stated specifically that she was
not negatively impacted by the new siting of the structure.
4. Applicant, through counsel, builder and personal testimony, stated that in
Board of Appeals Decision in BOA File No. 034-04, Applicant received relief by
Special Permit from the Board to permit the renovation of an ancillary historic
structure variously used in the past as a storage barn and an artist studio, located
to the rear on the property. The structure is sited in substantially its original
location in the southeasterly comer of the lot, as close as about .02 feet from the
easterly side yard lot line and as close as about.74 feet from the southerly rear lot
line in a district that requires a minimum side and rear yard setback of five feet.
The structure is clearly shown in the same location on the 1938 and 1957 aerial
photographs in the Town records. A plan of the property, done by John J.
Shugrue, Surveyor, dated March 8,1994, was submitted to the Board during the
original hearing (being the only site plan available at the time), which showed
the pre-existing nonconforming location of the barn. Applicant's original request
for a special permit to maintain the barn's historic location at the rear of the lot
and not moved to a conforming location in the historically large open yard area,
notwithstanding the considerable practical difficulties of doing so was an
important part of the Applicant's intention to carry out a meticulous restoration
and preservation of one of the few remaining historic in-town barn structures.
5. Applicant stated that as part of the renovation, the barn was lifted from its
crumbling foundation and a new foundation was constructed under it. During
the process the Applicant and builder realized that the structure would not
survive the process of lifting then replacing of it back on a new foundation. They
undertook a meticulous dismantling of the structure with storage of the parts on
site under cover for reassembling once the foundation was completed. Applicant
stated that at no time was it her intention to demolish the historic structure but
preserve it with as much of the original material as possible, using new wood
where needed. During the construction of the new foundation the siting of the
structure was inadvertently moved in a northerly and westerly direction, not
completely out of the required five-foot setback area but farther from the lot
lines, thus making the structure more conforming as to setback requirements. As
shown on the new "Building Location Plan" dated January 18, 2006, prepared by
Blackwell and Associates, Inc., a reduced copy of which is attached hereto as
Exhibit A, the new foundation moved from a site that was about .02 feet from the
easterly side yard lot line to about 2.9 feet; from about .74 feet at the
southeasterly corner of the barn from the southerly rear yard lot line to about 1.4
feet; and from about 1.74 feet of the southwesterly corner of the barn from the
southerly rear yard lot line to about 2.5 feet, all of which setbacks are less
nonconforming that the pre-existing nonconforming setbacks that was permitted
to be maintained under the prior relief.
6. Applicant stated that the reconstruction of the barn has resulted in an
increase in the height of structure of about six inches. The change in height is
consistent with the final elevations of the renovated and preserved barn
approved by the Historic Districts Commission, presented to this Board at the
prior hearing, and included as a condition of relief in the prior Decision of this
Board. Therefore, considering the location of the barn at the rear comer of the lot
behind the main dwelling, the Board finds that the nominal increase in the height
of the barn as well as the relocation of the foundation are not substantially more
detrimental to the neighborhood than the prior nonconformity, particularly as
the ridge height of the structure itself did not change in height and structure is
sited so as to be less nonconforming as to setback requirements. The Board also
notes that there was no site plan required to be attached to the previous Decision
as a condition and the actual siting of the structure was not necessarily verified
by a recent survey.
7. After the barn was returned to the new foundation, Applicant represented
that she discovered that some of the structural members and beams were rotted
beyond repair, requiring the weak frame to be dismantled for inspection,
restoration, and in some cases replacement with similar timber beams imported
from an old Canadian barn. As part of a thorough restoration, Applicant
removed and covered the original building materials to be preserved for re-
installation. The original wood floor of the barn was affixed to the foundation
when the barn was set, and the floor remained attached to the new foundation,
covered for protection. Therefore, based upon evidence presented by the
Applicant of her intention to reassemble the historic structure with the original
materials to the extent possible and the continued existence of the original floor
of the barn in substantially its historic location, the Board finds that the
Applicant acted in good faith and finds that the structure has not been
demolished, but dismantled in pursuit of restoration and the siting of the
structure within the required setback areas is would maintain so the pre-existing
nonconforming status. The Board also notes that there is provision of such
placement back in the required setback areas for ancillary structures in Zoning
By-law Section 139-33D(1), which states that" An accessory building which is
accessory to a residential use and has no commercial use may be razed and
reconstructed with substantially the same configuration, ground cover, siting
and use." The Board finds that the configuration and ground cover have not been
substantially altered and the siting is construed as to be substantially the same,
though less nonconforming. The use continues to be ancillary to a residential
structure whether a barn or a studio and there was ample evidence contained in
the previous file that the structure had been used as an artist studio for several
years by a predecessor-in-title. Thus, no relief by special permit is necessary at
this time.
8. Accordingly, by a vote of four in favor (O'Mara, Murphy, Wiley,
Koseatac) and one opposed (Waine) the Board GRANTS the requested
MODIFICATION of the SPECIAL PERMIT in the Decision in BOA File No. 034-
04 to allow the relocation of the historic barn and to allow the height of the barn
to increase by about six inches within the required setback area, on the following
conditions (incorporating the conditions from said Decision:
a. The renovated and reconstructed barn is allowed to remain in its
new location provided that the structure be reduced in length by at
least 18 inches, measured from its current westerly elevation, so
that it is farther from the structure sited on the southerly abutter's
lot, labeled as "Portion of the Structure to be Removed" on Exhibit
A; and
b. The structure shall not be used for human habitation nor rented
separately from the dwelling and any change in its use would need
further relief from this Board;
c. The project shall be done in substantial conformance with the
Certificate of Appropriateness No. 43,644 issued by the HOC, as
may be amended from time to time;
d. The bathroom facility shall be limited to no more than a sink, toilet
and shower, prohibiting the installation specifically of a bathtub;
and
e. The use of the studio shall not be used as a "Home Occupation" as
defined under Nantucket Zoning By-law Section 139-2, and shown
in Section 139-7 A(4) and not used for commercial purposes.
'.
(BOA File No. 016-06)
Dated: Q--e.~ ~ ;:( J , 2006
~~.~~
u~~
CURRENT ZONING CLASSIFICATION: EXISTING:
Residential Old Historic (R-OH)
Zoning Boa.rd ol.Appeals
MINIMUM LOT SIZE:
MINIMUM FRONTAGE:
FRONT YARD SETBACK:
REAR/SIDE SETBACK:
GROUND COVER % :
5000 S.F.
50 FT.
none
5 FT.
50%
11.071 :I:S.F.
SEE PLAN
SEE PLAN
SEE PLAN
19.9%
FILE NO. DATE:
INDIA S'1'REET
~" \
42.3.1-60
N/F
NORTON
PLAN FILE 52-J
42.3.4-66
N/F
WEINMAN
LEGEND
(;J DENOTES dhCB FOUND
o DENOTES IRON PIPE FOUND
,./
53.62'
42.3.1-58
N/F
DUNHAM
L.C.C. 37317-B. LOT 3
42.3.4-23
N/F
NEWHOUSE
Plot Plan to Accompany
Board of Appeals Application
in
Nantucket, Mass.
ORIGINAL SIGNED AND STAMPED COPIES OF THIS PlAN t.lAY BE
PHOTOCOPIED BY THE BOARD OF APPfAl.S OR THE NANTUCKET
REGISTRY OF DEEDS FOR RECORDING PURPOSES. IN CASES OF
DISCREPANCIES REGARDING INFORt.lATION CONTAINED HEREON AND
UNAUTHORIZED PHOTOCOPIES OF THIS PlAN, ONLY ORIGINALLY
STAMPED AND ENDORSED COPIES SHAll BE ACKNOWlEDGED BY THE
CERllFYlNG lAND SURVEYOR.
THIS INSPECTION PlAN W1S PREPAAED TO ACCOUPANY AN APPUCATION TO
THE NANTUCKET BOAAD OF ""PEALS AND IS NOT TO BE CONSIDERED A FULL
INSTRUUENT SURVEY. THIS PlAN SHOULD NOT BE USED TO EST.6BUSH PROPERTY
.Llt:IES, FENCES. HEDGES OR ANY ANCWRY STRUClURES ON THE PREMISES.
THE PROPERTY UNES SHOWN RELY ON CURRENT DEEDS AND PlANS
OF RECORD.
THIS INSPECTION PlAN IS NOT A CERllFlCATION 1$ TO THE T1Tl.E OR
OWNERSHIP OF THE PROPERTY SHOWN. OWNERS Of ADJOINING PROPERllES
AAE SHOWN ACCORDING TO CURRENT TOWN Of NANTUCKET lSSESSOR
RECORDS.
THIS PlAN SHAI.l NOT BE USED FOR ANY OTHER PURPOSE OTHER ~
JlS INTENDED USE STATID NKNE.
@Blackwell '" Aooociata Inc.
C:\SPF\PROJ\KJP\860~8\Z8A.dwg 2/15/2006 2: 13:55 PM EST
SCALE: 1"= 20'
DATE: FEBRUARY 15, 2006
Owner: . . . q~()~ . q.. PflP~.S. . . . . . . .
Deed: . . .B~.~27/1.3+ . . . .Plon: .N9~E. ~O~~~ .
Tax Map-Parcel: . . . . . . 42:~.1--:-~2. . . . . . . . .
Locus: . . . . . . .2.0. I.Npl.A. ~~R.Ef1: . . . . . . . . .
BLACKULL and ASSOCIATES, Inc.
Professional Land Surveyors
20 TEASDALE CIRCLE
NANTUCKET, MASS. 02554
(508) 228-9026
B6048
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 12:00 P.M.. FRIDAY, FEBRUARY 10, 2006, IN THE CONFERENCE
ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket,
Massachusetts, on the Application of the following:
CAROL MARCH EMERSON CROSS
BOARD OF APPEALS FILE NO. 016-06
Applicant is seeking reliefby SPECIAL PERMIT under Nantucket Zoning By-
law Section 139-33A (alteration/extension of a pre-existing nonconforming structure/use)
and to the extent necessary, MODIFICATION of the relief granted in the Decision in
BOA File No 034-04. Applicant was allowed to alter a nonconforming barn by changing
the use to a studio use. During the construction process the structure was disassembled
and preserved with the intent of reassembling it on a new foundation. The new
foundation has resulted in an about six inch increase in the height of the building which is
consistent with the HDC approved plans submitted to the Board at the time of the
decision in File No. 034-04 and referenced in Paragraph 5(b). The original foundation,
according to a 1994 survey available at the time of the hearing, was sited as close as
about 0.02 feet from the easterly side yard lot line and as close as about 0.74 feet from the
southerly rear yard lot line in a district that requires a minimum side and rear yard
setback of five feet. A new site plan now indicates that the structure moved and is now
sited so as to be less nonconforming as to setback requirements, with the studio now sited
as close as about 2.9 feet from the easterly side yard lot line and as close as about 1.4 feet
from the rear yard lot line. Applicant is seeking relief by Special Permit to validate the
new siting of the structure. In addition the Applicant is seeking to validate the
reassembling of the structure on its new foundation within the setbacks as indicated
above. In the alternative or in addition, Applicant is seeking relief by VARIANCE under
Nantucket Zoning By-law Section 139-16A (Intensity regulations - setback) to complete
the project as originally approved and now re-sited. The property is conforming in all
other respects to the dimensional requirements of the Zoning By-law.
The Premises is located at 20 INDIA STREET, Assessor's Map 42.3.4, Parcel
22, with no plan on record, Deed Ref. 527/134. e pro erty is zoned Residential-Old-
Historic.
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
CASE NO. OCwAJ CO
FEE: $300.00
APPLICATION FOR RELIEF
Owner's name(s): Carol March Emerson Cross
Mailing address: 20 India Street Nantucket, Massachusetts
Applicant's name(s): Same
Mailing address: Same
Locus address: 20 India Street, Nantucket, Massachusetts Assessor's MapIParcel: 42.3.4 - 22
Land Court PlanlPlan Book & PageIPlan File No.: no plan on record Lot No.:
Date lot acquired: 02/04/1997 Deed Ref.!Cert. of Title: Book 527, Page 134 Zoning District: OH
Uses on Lot - Commercial: None Y es (describe)
Residential: Number of dwellings -LDuplex--L Apartments --LRental Rooms 0
Building Date(s): All pre-date 7/72? OR
Building Permit Nos: 9356-92, 335-05, 359-05
Previous Zoning Board Application Nos.: 034-04
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:
C of O(s)?
SEE ADDENDUM A
I certify that the' mation contained herein is substantially complete and true to the best of my
knowledge, er pains and p a' of rjury.
SIGNATU Applicant AttorneY/Age~
(If not owner or owner's attorney, please enclose proof of agency to bring this mat efore the Board)
FOR BA OF CE USE
Application received on:-.l'ZibdQBY: Complete: Need co ies?: ,~
Filed with Town Clerk:L/171 Ianni '_ 1_ Building Dept.:--"_/_ By: ())2
Fee deposited with Town Treasurer:-L.iLl/~y:Lcl-~aiver requested?:_Granted:_/--"_
Hearing notice posted with Town clerk:+-/llcfQM.ailed:-Lr~Z./~.J&M:JJzf.g;M ~I ZAc2f2
Hearing(s) held on:_/--.-./_ Opened on:_I_I_ Continued to:_I_I_ Withdrawn?:_I_I_
DECISION DUE BY:_/_I_ Made:_/_I_ Filed w/Town Clerk:_I_I_ Mailed:_I_I_
DECISION APPEALED?:_I_I_ SUPERIOR COURT: LAND COURT Form 4/03/03
Addendum A
Application of Carol March Emerson Cross
20 India Street
Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law
Section 139-33A (alteration/ extension of a pre-existing nonconforming
structure/use) and to the extent necessary, MODIFICATION of the relief granted
in the Decision in BOA File No 034-04. Applicant was allowed to alter a
nonconforming barn by changing the use to a studio use. During the
construction process the structure was disassembled and preserved with the
intent of reassembling it on a new foundation. The new foundation has resulted
in a 6 inch increase in the height of the building which is consistent with the
HDC approved plans submitted to the Board at the time of the decision in File
No. 034-04. The original foundation, according to a 1994 survey available at the
time of the hearing, was sited as close as about 0.02 feet from the easterly side
yard lot line and as close as about 0.74 feet from the southerly rear yard lot line in
a district that requires a minimum side and rear yard setback of five feet. A new
site plan now indicates that the structure moved and is now sited so as to be less
nonconforming as to setback requirements, with the studio now sited as close as
about 2.9 feet from the easterly side yard lot line and as close as about 1.4 feet
from the rear yard lot line. Applicant is seeking relief by Special Permit to
validate the new siting of the structure. In addition the Applicant is seeking to
validate the reassembling of the structure on its new foundation within the
setbacks as indicated above. In the alternative or in addition, Applicant is
seeking relief by VARIANCE under Nantucket Zoning By-law Section 139-16A
(Intensity regulations - setback) to complete the project as originally approved
and now re-sited. The property is conforming in all other respects to the
dimensional requirements of the Zoning By-law.
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-ANTUCKET
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PIIOF'E:SSIONAL ENCINEIEIIS . .'GIUE.ED LAND SURVEYORS
14- flOIElllAL ST., NANTUCkiET, MASS.
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CURRENT ZONING CLA$SIFICATION: EXISTING:
Residential Old Historic (R-OH)
MINIMUM LOT SIZE:
MINIMUM. FRONTAGE:
FRONT YARD SETBACK:
REAR/SIDE SETBACK:
GROUND COVER % :
5000 S.F.
50 FT.
none
5 FT.
50%
11,071 j;S.F.
SEE PLAN
SEE PLAN
SEE PLAN
19.9%
42.3.4-66
N/F
WEINMAN
LEGEND
8 DENOTES DHCB FOUND
o DENOTES IRON PIPE FOUND
42.3.4-23
N/F
NEWHOUSE
THIS PLOT PLAN WAS PREPARED fOR THE TOWN
OF NANTUCKET BUILDING DEPARTMENT ONLY AND
SHOULD NOT BE CONSIDERED A PROPERTY LINE
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 CERTIFICATION AS TO
TITLE OR OWNERSHIP OF THE PROPERTY SHOWN.
OWNERS OF ADJOINING PROPERTIES ARE SHOWN
ACCORDING TO CURRENT ASSESOR RECORDS.
ASSESSOR MAP: ~?.3A . PARCEL: .:?~
42.3.1-60
N/F
NORTON
42.3.1-58
N/F
DUNHAM
BUILDING LOCATION PLAN
OF LAND IN
NANTUCKET, MASS.
SCALE: 1"= 20' DATE:JANUARY 18, 2006
Owner: . .CA~9~ .C: .C~9~~ . . . . . .
Deed: .I~K:5.2? .p.G:l;34 . Plan: . ~/A. . . .
Locus: . .2.0. ~N:D~A- .S:r~~E;T, . . . .
BLACKWELL. and ASSOCIATES, Inc.
profess1.onal Land Surveyors
20 TEASDALE CIRCLE
NANTUCKET. MASS. 02554
(508) 228-9026 B6048
C-o\\
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
To: Parties in Interest and. Others concerned with the,
Decision of the BOARD OF APPEALS in the Application of the
fol,lowing:
Application No.:
bwner/Applicant:
o s <-J -0 V
Carol (()arck €vner::rr/l Cft$S
d
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0:':::- "
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APPEALS w~Ch ha~
NantucketrTown N
rr,
Enclosed is the Decision of the BOARD OF
this day been filed in the office of the
Clerk.
........j~
..--.;..(:'
An Appeal from this Decision may be taken pursuant to
Section 17 of Chapter 40A, Massachusetts General Laws.
u
N
-J
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
0.
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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 ~139-30I (SPECIAL PERMITS); ~139-32I (VARIANCES)
, I
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONI~BOARD OF APPEALS.
~-----
l
/
II
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
Assessors Map 42.3.4
Parcel 22
ROH
20 India Street
Deed Ref. 527/134
At a Public Hearing ofthe Nantucket Zoning Board of Appeals, held at 1:00 P.M.,
Friday, June 11,2004, in the Conference Room, Town Annex Building, 37 Washington Street,
Nantucket. Massachusetts, on the Application of the CAROL MARCH EMERSON CROSS, of
20 India Street, Nantucket, MA 02554, Board of Appeals File No. 034-04, the Board made the
following Decision:
1. Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-
law Section 139-33A (alteration/extension ofa pre-existing nonconforming structure/use).
Applicant proposes to alter a nonconforming barn by changing the use to a studio use. There
would be no expansion of the structure, which is located on a lot that also contains a conforming
single-family dwelling. The Locus is nonconforming as to setbacks, with the barn being sited as
close as about .74 feet from the rear yard lot line and at about .02 feet from the easterly side yard
lot line in a district that requires a minimum side and rear yard setback of five feet. The property
is conforming in all other respects to the dimensional requirements of the Zoning By-law.
The Premises is located at 20 INDIA STREET, Assessor's Map 42.3.4, Parcel
22, with no plan on record, Deed Ref. 527/134. The property is zoned Residential-Old-Historic.
2. The Decision is based upon the Application and the materials submitted with it
and the testimony and evidence presented at the Hearing. The Planning Board made no
recommendation, as the matter was not of planning concern. There were no letters on file in
favor of or in opposition to the Application.
3. Applicant represented that she wished to alter a pre-existing studiolbarn structure
that is nonconforming as to setbacks, with it being sited as close as about .02 feet from the
easterly side yard lot line and about. 74 feet from the rear lot line in a district that requires a
minimum side and rear yard setback of five feet. Applicant represented that the ancillary
structure, on a conforming lot with a conforming single-family dwelling, was clearly visible on a
1938 and 1957 aerial in the Town records, as well as validated by Historic District Commission
(HDC) records, submitted into the file, and was validly grandfathered in its present location.
Applicant also submitted evidence that the structure had been used as an artist's studio in the past
open to the public (at least until the late 1940's), and had apparently never been used as a garage
to accommodate motorized vehicles. Applicant was asking the Board to validate a return to a
studio use. Applicant represented that she was an architect and artist and wished to improve the
space for her personal use and not for commercial purposes. The structure was dilapidated and
Applicant had obtained Certificate of Appropriateness No. 43,644 from the HDC to alter doors
and windows to improve the appearance of the studio as part of an overall renovation of the
structure, without demolishing it. Applicant also explained that she would be installing new
plumbing in the building, i.e., a toilet, sink and shower to eliminate the need to go back to the
main house while she was working, as there had been .no plumbing in the structure. Applicant
,1/
/ also stated that she did not want to move the building from its historical location as it may not
survive the move and it provided a good visual break for the neighbors. No secondary dwelling
was planned for this building at ~his time but there was sufficient room elsewhere on the lot to
construct a conforming dwelling.
4. Therefore, based upon the foregoing, the Board fmds that the conversion of the
barn structure to use as an artist's studio, without human habitatio~ would not be substantially
more detrimental to the neighborhood than the existing nonconformities. There would be a
public benefit in that the structure would under go substantial renovation to approve its
appearance and save an historical building from collapsing.
5. Accordingly, by a vote offour in favor (Sevrens, O'Mara, Toole, Sanford) and one
opposed (Loftin), the Board GRANTS the SPECIAL PERMIT under By-law Section 139-33A
validating use of the ancillary structure as a studio/storage bam, upon the following conditions:
a. The structure shall not be used for human habitation nor rented separately from
the dwelling and any change in its use would need further relief from this 'Board;
b. The project shall be done in substantial conformance with the Certificate of
Appropriateness No. 43,644 issued by the HDC, as may be amended from time to
time;
c. The bathroom facility shall be limited to no more than a sink, toilet and shower,
prohibiting the installation specifically of a bathtub; and
d. The use of the studio shall not be used as a "Home Occupation" as defined under
Nantucket Zoning By-law Section 139-2, and shown in Section 139-7A(4) and
not used for commercial purposes.
Michael J. O'Mara
&o\.~
\JtA~l~ ~~~~~k
Nancy J. Sevre
Lc- ~ ~
Edward Sanford
JUL 1 4 2004
ArrEST: A TRUE COpy
! t1.:'JrrrFY 111.':"T 2t1 D/\ ysn..a.. VE EL.A.P-i\'EX> API t~
11m DOClSl0N WAS F1U:O IN rHE OFt<l~ Of; '11Il
'l(J~vli C1.lliIJr.. AND UIA'r 1'10 t...PF~.t lV..$ ~
'fi~tl\ rtmroANTTO ~ U\;WS ~ SBCl1ttt 11
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NANTUCKET TOWN CLERK
~ ;2 ,/;o
. . REC~IVED
BOARD OF ASSESSORS
JAN 2 3 2006
,
Town of Nantucket
TOWN OF
NANTUCKET, MA
ZONING BOARD OF APPEALS
LIST OF P ARTlES IN INTEREST IN THE MA TIER OF THE PETITION OF
PROPERTYO~ER""'''~"", .... c.~
MAILfNG ~DDRESS.....2J)...~..~'.,.......
, X
PROPERTY LOCATION............... ............ ......... ...... ............ ... ... ....,..
. Y.:-. .Q.d......................................
APPLICANT"....... ,
,........'..0.................. '"
'~: ~{1 .9)1. .f110
U~
SEE AITACHED PAGES
I certify 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 abutter.3 of the abutters and all
other land owners within 300 feet of the, property line of owner's property, all as they appear ?n '
the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139~
Section 139-29D (2)
~. ;( 3 c2~~ G,
. ...............,1.............
."
DATE'
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ASSESSOR'S OFFICE
Town of Nantucket
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