HomeMy WebLinkAbout001-06
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: ~~~ 2-
2CO~
To: Parties in Interest and Others concerned with the
-Ujjecrslon of the BOARD OF APPEALS in the Application of the
following:
Application No.: 00/# -00
owner/APPlicanttJe I (>~(lvJ .~, NrJyWVl an cl
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Enclosed is the Decision of the BOARD OF APPEAL~which qas
this day been filed in the office of the NantucJ1lt Town:'.)
Clerk. Iirl
_.
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 fi139-30I (SPECIAL PERMITS); 9139-321 (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: ~~~ 2-
2CO~
To: Parties in Interest and Others concerned with the
--jjecrslon of the BOARD OF APPEALS in the Appl ica tlon of the
following:
C~
r'-
Application No.: 0/ Y. -00 QI
owner/APPlicantfJ Ir1<1vd! -~, NrJyWVl ancl
\ JQl-erl'~ g. ^'Of~CX) I OLuv1--e~ ~ 12.hocQa.
M-. ~)e ro f{10rl I Tn )c;f-ef? -" 0+ fb-Mad:..- !-fa ~ AJ T
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 fi139-30I (SPECIAL PERMITS); 9139-321 (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET BOARD OF APPEALS
1 East Chestnut Street
Nantucket, Massachusetts 02554
Map 42.3.1, Parcel 59
Plan 52-J, Lot 1
ROH
18 India Street
Deed Ref. 573/93
At a Public Hearing of the Nantucket Board of Appeals opened at 1 :00 p.m.,
Tuesday, January 6, 2006, continued to 1 :00 p.m., Friday, February 10, 2006 and
continued without further testimony to 10:00 a.m., Tuesday, February 14, 2006, in the
Conference Room of the Town of Nantucket Annex Building, 37 Washington Street,
Nantucket, Massachusetts, on the Application of RICHARD E. NORTON AND
VALERIE B. NORTON, OWNERS AND FOR RHODA H. WEINMAN, TRUSTEE
OF PADDACK HOUSE NOMINEE TRUST ("Contract Purchaser"), of PO Box
476, Nantucket, MA 02554, and 36 Centre Street, Nantucket, MA, respectively, Board of
Appeals File No. 001-06, the Board made the following Decision:
1. Applicant ("Contract Purchaser") is seeking SPECIAL PERMIT relief under
Nantucket Zoning By-law Section 139-33E(2)(a) (maximum ground cover/undersized
lot). Applicant proposes to construct up to an about 532 square-foot addition extending
from the rear of the single-family dwelling toward the southerly lot line that would be
conforming as to the five-foot setback requirements to expand the interior living space of
the single-family dwelling. Said work may also entail demolition and reconstruction of
the existing rear el to be able to reconfigure said living space, which would temporarily
reduce the existing ground cover ratio of about 32.3%. Applicant is seeking a maximum
ground cover ratio of about 44%. Relief is also sought under Section 139-33A(8)
(configuration change to a pre-existing, non-conforming lot). As a result of a boundary
line agreement with the westerly abutter, owner of the property known as 20 India Street,
to adjust their respective common boundary line in a westerly direction in order to cure a
side yard setback int@sion of said rear el of the single-family dwelling on the lot, which
is currently sited as close as about 4.60 feet from the westerly side yard lot line. The rear
el of the structure would then be conforming and sited as close as about 5.09 feet from
the westerly side yard lot line in a district that requires a minimum side yard setback of
five feet. The exchange of property at its widest point would be about five inches, but
would taper to zero at both the northwesterly front boundary marker and the
southwesterly rear boundary marker. The Premises is nonconforming as to lot size with
the lot containing about 4,561 square feet of area in a district that requires a minimum lot
size of 5,000 square feet; as to setbacks with the primary structure being sited as close as
about zero feet from the westerly side yard lot line and with the rear studio being sited as
close as about 1.25 feet from the westerly side yard lot line and as close as about 1.56 feet
from the rear and as close as about 3.55 feet from the easterly side yard lot line in a
district that requires a minimum side and rear yard setback of five feet; and as to ground
cover with the lot containing an about 32.3% ground cover ratio in a district that allows a
maximum of 30% for undersized lots.
The Premises is located at 18 INDIA STREET, Assessor's Map 42.3.1, Parcel
59, Plan 52-J. The property is zoned Residential-Old Historic.
2. This Decision is based upon the Application and materials submitted with it,
along with the testimony and evidence presented at the two hearings where testimony
was taken. The Planning Board did not make a recommendation. There were four letters
on file representing five abutting properties in support for the Application with all four
letters expressing the sentiment that the new addition was "architecturally pleasing and in
keeping with the original look of the house and well suited to the scale of the house".
There were no letters in opposition on file. However at the two public hearings on the
matter at which testimony was taken, interested members of the public and two abutters
who spoke in opposition expressing concerns related primarily to historic preservation,
authenticity of the structure, age of the 1998 addition and open space. The Board made
the finding specifically that such matters were not within the purview of the Board of
Appeals and thus not issues that could be appropriately considered by this Board when
making a decision in this case and would most appropriately be addressed by the
Nantucket Historic District Commission ("HDC") during the HDC public hearing
process. Applicant's attorney represented that such concerns were not raised before the
HDC prior to the approval of the plans by the HDC and now presented to this Board.
There were a number of items submitted into the record, which included photographs, an
affidavit dating the studio, located to the rear of the property within the required five-foot
setback area from a previous owner, plans, and a table listing 16 properties that had been
granted similar relief to expand ground cover beyond the maximum allowed as a mater of
right for undersized lots in the ROH/SOH zoning districts on lots of 30% under 139-
33E(2)(a) in the past five years.
3. Applicant, through counsel and its representatives, represented that Applicant,
was proposing to demolish an about 216 square-foot addition that was constructed in
1998 pursuant to a validly issued building permit. This addition was inadvertently sited
about 4.60 feet from the westerly lot line encroaching into the required setback area by
about five inches. This 1998 addition also created a ground cover ratio of about 32.3%,
about 2.3% greater than the maximum allowed of 30% without a special permit having
been issued by this Board. Because of this intrusion into the setback, and the overage in
ground cover ratio, the current owners were never issued a Certificate of Occupancy and
would be before this Board for a grant of special permit relief to validate such
nonconformities regardless of the Applicant's new proposal. Applicant also sought relief
under Section 139-33A(8) to allow for a boundary line adjustment with the abutter on the
westerly side to cure the nonconforming westerly side yard setback intrusion. However,
counsel for Applicant explained that this relief was no longer being sought as after
demolition of the about 216 square-foot addition; the new about 532 square-foot addition
would then meet all setback requirements. Applicant also stated that the proposed
addition had been approved by the HDC in Certificate of Appropriateness No. 47,440 and
found by the HDC to be in keeping with the historic structure as appropriate additive
massmg.
4. Board Members expressed concern about the size of the addition at the first
hearing. At the second hearing, Applicant represented that the ground cover of the
addition had been reduced by about 72 square feet, with the proposed addition having a
ground cover of about 460 square feet and a proposed ground cover ratio of about 42%.
To support Applicant's argument that a new addition was necessary and appropriate, also
entered into the record were photographs of the existing inside staircases in the historic
part of the structure. Applicant stated that both of the staircases were not safe for the
older couple purchasing the property and did not meet building code requirements for
. egress from a second floor sleeping level. Because of the Applicant's strong desire to
maintain the historic integrity of the interior of the original structure, it was necessary to
construct a new code compliant staircase as part of the proposed new addition. Applicant
also provided information on the 16 properties mentioned above that had benefited from
a grant of similar special permit relief under Section 139-33E(2)( a). It was stated that of
the 16 nonconforming properties, seven were approved for ground cover ratios in excess
of the 42% that the Applicant was requesting, and one was approved for 42% percent on
a smaller lot than the subject property. Additionally, of the 16 properties receiving relief,
14 had less lot area than the subject property with only two lots containing a lot area
larger than the subject property. Applicant argued that a grant of relief in this instance
would be in keeping with such other relief granted. Applicant also stated that the
minimum lot size requirement for the ROH zoning district was 5,000 square feet and
there were many lots in the immediate area that contained less lot area and ground cover
in excess of the maximum ground cover ratio allowed of 50%. In addition, the lot was
sited within two lots of an area of the downtown that was zoned Residential-Commercial-
Downtown with a minimum lot size of 3,750 square feet and a maximum ground cover
ratio allowance of 75%.
5. Therefore, based upon the foregoing, the Board finds that the proposal to
demolish the nonconforming about 216 square-foot addition that was constructed in
1998, and construct an addition which would result in an overall ground cover ratio for
the lot of not more than 42%, and which would comply with all setback requirements,
would be consistent with similar relief granted to several other properties within this
ROH zoning district. The Board also finds that the new addition would not be
substantially more detrimental to the neighborhood than the existing nonconformity. The
Board notes that existing nonconformities as to ground cover and side yard setback
would be regularized and eliminated, respectively, which would be a benefit to the
neighborhood. Further, the Board also finds that the construction of the addition would
not result in a reduction of open space that would be inconsistent with surrounding
properties in the ROH zoning district, nor be sited farther back on the lot than the large
house on the lot to the west, which extended in a southerly manner more than the
proposed addition would. The lot size and ground cover were consistent with other
properties in the area. The Board noted that the approved HDC plans would not be
relevant as the Applicant might have to seek further approval due to the reduction in the
size of the addition.
6. Accordingly, by a UNANIMOUS vote, the Board hereby GRANTS the requested
relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33E(2)(a) to
allow the increase in the ground cover ratio to no more than 42%. Relief is hereby
conditioned upon the following:
a. There shall be no exterior construction related to this project from June 15
to September 15 of any given year;
b. The maximum ground cover ratio allowed for this lot shall be 42%
without further relief from this Board;
c. The new addition shall conform to all setback requirements; and
d. No additional massing changes shall take place on the historic portion of
the structure without further relief from this Board, other than to complete
the proposed project related to the relief granted herein.
March \"2-, 2006
C. Richard Loftin n
~ (L17~*' ~Yai0r-
N cy J. Sevren
;4/ts:-
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 WNING BOARD OF APPEALS will
be held at 1:00 P.M., FRIDAY, JANUARY 6, 2006, IN THE CONFERENCE
ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket,
Massachusetts, on the Application of the following:
RICHARD E. NORTON AND VALERIE B. NORTON, OWNERS; RHODA H.
WEINMAN, TRUSTEE OF PADDACK HOUSE NT, CONTRACTPURCHASER
BOARD OF APPEALS FILE NO. 001-06
Applicant (paddack House) is seeking SPECIAL PERMIT relief under Nantucket
Zoning By-law Section 139-33E(2)(a) (maximum ground cover/undersized lot).
Applicant proposes to construct up to an about 532 square-foot addition extending from
the rear of the single-family dwelling toward the southerly lot line that would be
conforming as to the five-foot setback requirements to expand the interior living space.
Said work may also entail demolition and reconstruction of the existing rear el to be able
to reconfigure said living space, which would reduce the existing ground cover ratio of
32.3%. Applicant is seeking a maximum ground cover ratio of about 44%. Relief is also
sought under Section 139-33A(8) (configuration change to a pre-existing, non-
conforming lot). As a result of a boundary line agreement with the westerly abutter,
owner of the property known as 20 India Street, to adjust their respective boundary lines
in a westerly direction in order to cure a side yard setback intrusion of rear portion of the
single-family dwelling on the lot, which is currently sited as close as about 4.60 feet from
the westerly side yard lot line. The rear el of the structure would then be sited as close as
about 5.09 feet from the westerly side yard lot line in a district that requires a minimum
side yard setback of five feet. The exchange of property at its widest point would be
about five inches but would taper to zero at both the northwesterly front boundary marker
and the southwesterly rear boundary marker. The Premises is nonconforming as to lot
size with the lot containing about 4,561 square feet of area in a district that requires a
minimum lot size of 5,000 square feet; as to setbacks with the primary structure being
sited as close as about zero feet from the westerly side yard lot line and with the rear
studio being sited as close as about 1.25 feet from the westerly side yard lot line and as
close as about 1.56 feet from the rear and as close as about 3.55 feet from the easterly
side yard lot line in a district that requires a minimum side and rear yard setback of five
feet; and as to ground cover with the lot containing an about 32.3% ground cover ratio in
a district that allows a maximum of 30% for undersized lots.
The Premises is located at 18 INDIA STREET, Assessor's Map 42.3.1, Parcel
59, Plan 52-I. The property is zoned ReSiV~Hi~riI1
(', C /'U0aAk Q
Dale aine, Chairman
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.(]CJ l-rXf
FEE: $300.00
APPLICATION FOR RELIEF
Owner's name(s):_Richard E. Norton and Valerie G. B. Norton
Mailing address:_Post Office Box 1064, Nantucket, MA 02554
Applicant's name(s):_Rhoda H. Weinman, Trustee of Paddack House Nominee Trust, Contract Purchaser
Mailing address:_c/o Rhoda H. Weinman Box 1365, Nantucket Nantucket, MA 02554
Locus address:_18 India Street Assessor's Map/Parcel:_ 4231 - 59
Land Court Plan/Plan Book & Page/Plan File No.:_52-J Lot No.: 1
Date lot acquired: _04_/_20..J _1998 _ Deed Ref./Cert. of Title: _Book 573, Page 93_ Zoning District: _ R-OH_
Uses on Lot - Commercial: None_no_ Yes (describe)
Residential: Number of dwellings_1_ Duplex_ Apartments_Rental Rooms
Building Date(s): All pre-date 7172?"yes_ or C ofO(s)?
Building Permit Nos:
Previous Zoning Board Application Nos.:
State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of
the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities:
See attached addendum.
I certify that the information contained herein is substantially complete and true to the best of my
knowledge, under the pains a alti~ of perjury.
SIGNATURE: Applicant Attorney/Agent_X_
(If not owner or owner's ney, lease enclose proof of age ing this matter before the Board)
__ FOA ~B^ QFFICE USE /
Application received on:J2; '7 P ~ By: (LJ2XjJ Complete: V Need copies?:
Filed with Town Clerk:1Y~/~PIDnBing Roud: .' " Building Dt:pt.. I I ~ af2ciJ
Fee deposited with Town Treasurer:/2lfIOrBy: ClJ2R/)Waiver requested?:_Granted:--.l--.l_
Hearing notice posted with Town Clerk:L2I1!tiOrMailed: r~Ofi&M: (2I 'b'?1 oJ&' I q 2-71 0/-
Hearing(s) held on:_/_/_ Opened on:_/--.l_ Continued to:--.l--.l_ Withdrawn?:--.l--.l_
DECISION DUE BY:--.l--.l_ Made:--.l--.l_ Filed w/Town Clerk:--.l--.l_ Mailed:--.l--.l_
DECISION APPEALED?:--.l--.l_ SUPERIOR COURT: LAND COURT Form 4/03/03
Applicant is seeking SPECIAL PERMIT relief under Nantucket Zoning By-law Section 139-
33E(2)(a) (maximum ground cover/undersized lot). Applicant proposes to construct up to an
about 532 square-foot addition extending from the rear of the single-family dwelling toward the
southerly lot line that would be conforming as to the five-foot setback requirements to expand
the interior living space, that may also entail demolition of the rear el to be able to reconfigure
the said living space. The existing ground cover would be increased from about 32.3% to about
44%. Relief is also sought under Section 139-33A(8) (configuration change to a pre-existing,
non-conforming lot). As a result of a boundary line agreement with the westerly abutter, Carol
March Emerson Cross, owner of the property known as 20 India Street, Nantucket, MA, Norton
and Cross agree to adjust their respective boundary lines in a westerly direction as shown on the
attached plan prepared by John J. Shugrue, Inc. dated December 5, 2005. This boundary line
adjustment would result in the Norton dwelling, which is currently sited as close as about 4.60
feet from the westerly side yard lot line, being sited as close as about 5.09 feet from the westerly
side yard lot line in a district that requires a minimum side yard setback of five feet. The
exchange of property at its widest point would be about five inches but would taper to zero at
both the northwesterly front boundary point and the southwesterly rear boundary point. Though
the main portion of the historic home is pre-existing nonconforming, the rear addition was
constructed in 1998 with the unintentional side yard setback intrusion.
The Premises is nonconforming as to lot size with the lot containing about 4,561 square feet of
area in a district that requires a minimum lot size of 5,000 square feet; as to setbacks with the
primary structure being sited as close as about zero feet from the westerly side yard lot line in a
district that requires a minimum side yard setback of five feet and with the rear studio being sited
as close as about 1.25 feet from the westerly side yard lot line and as close as about 1.56 feet
from the rear and as close as about 3.55 feet from the easterly side yard lot line in a district that
requires a minimum side and rear yard setback of five feet; and as to ground cover with the lot
containing about 32.3% ground cover ratio in a district that allows a maximum of 30% for
undersized lots. Both structures pre-date the 1972 enactment of the Nantucket Zoning By-law are
clearly shown on the 1957 and 1938 aerials in the Town records.
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RECEIVED
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JAN 12 2001
NAAlTUCKET
eUILDjNG DEPT.
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MIIIlIMUM f"ROOTAlil::' 50 n
~RONT YARD SETaACK.NONE
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GRaJND COV(~ RATIO. SOX
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PLOT PLAN OF LAN!) IN
NANTUCKET, l'tA
SCALE:. 1'''' 15'
DATE' D~CEHBER a, ~ooo
JClHN J. SHuGRUE. tNe.
57 Ol.l) SOUTH ROAD
NANtuCKET, MA 1)255-4
F"OR,RtCHARD E. & VAl..ERIE B. 1<U(f0N
THE STRUCTLmE:S
ARE: LOCATED AS SHQItIN _
ASSE:SSDRS MAP 42.3.1
P ARCE:L. NO. 59
It 5?61ABS2
zoo noo'a OL VL#
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88LL8ZZ80S S€:91 SOOZ.90'~~a
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IN])lP< ':l\ "79'29'06'(
IXX.XX' I AGREED BOUNDARY LINE
THE STRUCTURES
ARE LOCATED AS SHO~N
Jott~
DATE:DECEMBER 5. 2005
HOUSE
1149 S,F.
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LOT 1
4,561 S.F.
'30''W
SSO''S3 I
26.17
ZONING: R-OH
MINIMUM LOT SIZE: 5,000 S.F.
MINIMUM FRpNTAGE:50 FT
FRONT YARD SETBACK: NONE
REAR ~ SIDE SETBACK: 5 FT
GROUND COVER RA TID: 501.
BOUNDARY LINE AGREEMENT
PLOT PLAN OF LAND IN
NANTUCKET, MA
SCALE: 1'= 15'
DATE: DECEMBER 5, 2005
JOHN J. SHUGRUE, INC.
57 OLD SOUTH ROAD
NANTUCKET, MA 02554
FDR:RICHARD E. &. VALERIE B.
NORTON
ASSESSORS MAP 42.3.1
PARCEL NO.
# 5761BL
59
I ·
#; Si 00
Town of Nantucket
ZONING BOARD OF APPEAL~
A~_ .
SOARa OF ASseSsoRS
AUG 2 6 2005 '
TOWN OF
rwmJCKEr, MA
LIST OF PARTIES IN INTEREST IN THE MA ITER OF TIm PETITION OF
PROPERTY OwNER'... :\i2r.i. .<:-:'~~..?:... tf.-:-l ~:;Hf.\.~.D.. .'t:-;:;':C':It-;[C\{---2.
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M A) L TN 0 ADD RE S S .. . .. . . . ~2f.\-;-r.-;L t;;-.'. .- . . . .. ... . .. . . . . . .. . . . . .. . . . .. . . . . .. . . . . . .. ..
PROPERTY LOCATION.....\ 'E:\.... t ~'1?L6-.... .::?:~~............ 0.............
, A ? I .- C"f
ASSESSORS MAPfPARCEL;.........o,fn'.~... .~~.. '~"'o ...0..... ...... .,.... ... ,..
APPLICANT -Jj.\.'1 "''::"iL--' L~ 0r-'I'l.':\'2-'r----::'
... .f.. ."";\ .~..,.t t\"'~,..., ,., ,'t-,',,,'...., 10 " "'1'" .,.. 111" "" '....... .,. to....
SEE AITACHED PAGES
I certi fy that the foregoing is a list of persons who !Ie owners of abutting property, oWne~ of
land directly opposite on any public or private street or way; and abutters of the abulten and all ,
other land owners within 300 feet of the, property lirie of owner's property, all as they appear ?n '
tbe most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139.
Section 139.29D (2) _
. a1.~..~ .29 ..2.(?CJS-
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DATE'
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{I
ASSESSOR'S OFFICE
Town ofNantuckel
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