HomeMy WebLinkAbout001-07
TOWN .OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
J(J.h ()g.1
1<6 , 2007
To: Parties in Interest and. Others concerned with the
-])eCrslon-Of the BOARD OFl APPEALS in the Application of the
following:
Owner/Applicant:
00(-07
-JPnn-/ \--A?r (n. C(LCh~~()
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 .Decision must be given
to the Town Clerk so as to be received within such TWENTY
(20) days.
\Jo~\- ~~
f\)oOl Q~ J..fQ0f\f2 n >) 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 g139-30I (SPECIAL PERMITS); 9139-321 (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
ZONING BOARD OF APPEALS
2 FAIRGROUNDS ROAD
NANTUCKET, MASSACHUSETTS 02554
Assessor's Map 60.3.1
Parcels 146 -148 and 195 -197 inclusive
Residential - 2
34 Rhode Island A venue
Land Court Plan No. 2408-V, Block 26
Lots 1-3 and 50-52 inclusive
Cert. of Title 12,314
DECISION:
The Board of Appeals at a Public Hearing held on Friday, January 5, 2007,
at 1:00 p.m. in the Conference Room, at 2 Fairgrounds Road, Nantucket,
Massachusetts, made the following Decision on the Application of JENNIFER M.
ERICHSEN, of 34 Rhode Island Avenue, Nantucket, MA 02554, Board of
Appeals File No. (001-07):
1. Applicant is seeking relief by SPECIAL PERMIT under Nantucket
Zoning By-law Section 139-33A (alteration/ expansion of a pre-existing
nonconforming structure/use), and/ or in the alternative to the extent necessary,
relief by VARIANCE pursuant to Nantucket Zoning By-law Section 139-16A 16A
(Intensity regulations - front yard setback). Applicant's property is located
directly adjacent to the south shore area in Madaket and has been adversely
affected by severe erosion along its southwesterly portion of the lot. The lot
currently contains two dwelling units, with attached decks, of substantially equal
size that are said to pre-date the enactment of the Nantucket Zoning By-law in
1972. In 1993, relief was granted by Special Permit pursuant to Section 139-33A in
the Decision in BOA File No. 007-93 to add second floor space to one unit
without coming any closer to the lot lines than the existing structure. If
necessary, the Applicant is seeking a modification of said Decision to complete
the project as proposed. Applicant now proposes to remove the smaller one-story
dwelling (the" cottage"), sited as close as about eleven feet with the attached
deck sited as close as about five feet from the front yard lot line along Rhode
Island A venue in a district that requires a minimum front yard setback of 30 feet,
to another lot out of the area and would not need a grant of relief for that portion
of the project. The remaining 11/2 story dwelling, located on the southwesterly
side of the lot along Pennsylvania Avenue would be relocated on the lot to
substantially the same site of the cottage, and would not be any closer to the
front yard lot line than the existing cottage and deck. The parking would remain
on site. There may be some adjustments to the surrounding deck with a portion
of the cottage deck to remain and attached to the newly moved dwelling. The
separate pump house would remain in its current location surrounded by the
remaining portion of the deck. A separate shed would be relocated from the
southeasterly portion of the lot and attached to the house at some point in the
future. Applicant is seeking the ability to relocate the shed without further relief
from this Board to the southwesterly side of the structure and no closer to the
front yard lot line than the existing house. The house would continue to meet the
side and rear yard setback and ground cover requirements. The Building
Department has issued an emergency permit and the house has temporarily been
moved over next to the cottage and is on temporary supports until relief is
granted by this Board.
The Premises is located at 34 RHODE ISLAND AVENUE, Assessor's
Map 60.3.1, Parcels 146-148 and 195-197, inclusive, Land Court Plan 2408-V,
Block 26, Lots 1-3 and 50-52, inclusive. The property is zoned Residential-2.
2. The Board's Decision is based upon the Application and materials
submitted with it, and plans, representations and testimony received at the
hearing. The Planning Board made no recommendation. Other than the
presentation by the Applicant, there was no public comment at the hearing in
favor or opposed to the proposal. There was one letter on file from the
immediate abutter to the southeast stating that the two existing cottages with the
surrounding decks were built on the property in the late 1960' s and expressed no
objection to the proposal.
3. The Applicant represented that the lot of record was improved
with two separate single-family cottages of about equal size and shape that were
constructed prior to the 1972 enactment of the Nantucket Zoning By-law, making
the cottages grandfathered as to the setback nonconformities and the lot
grandfathered as to dimensional requirements. The western-most structure, with
a ground cover of about 560 square feet, was altered in 1993 through a grant of
Special Permit relief by this Board in the Decision in Board of Appeals File No.
007-93 (the "Decision"). The Decision allowed the Applicant to expand the
structure by adding a second floor. No further expansion of the structure is
proposed under this Application. Applicant stated, with the support of the
information contained in the Town of Nantucket's GIS mapping program, that
the lot has been severely impacted by erosion in a part of the south shore area of
Madaket that since 1938 has lost about 420 feet of shore front land, with about 80
feet in the past five years. The western-most cottage, located immediately
proximate the coastal dune area, has been undermined by the erosion as a result
of recent storm activity in the fall of 2006. Subsequently, the Building
Department issued an emergency order allowing the cottage to be temporarily
moved to a location next to the eastern-most single-story cottage, with a ground
cover of about 560 square feet, while awaiting issuance of relief by this Board for
the proposed relocation of the two-story cottage.
4. Applicant stated that she proposed removing the one-story cottage,
which is sited within the required 30-foot front yard setback area as measured
from Rhode Island Avenue and sited as close as about one-foot from the lot line,
to another site out of the Madaket area and would not need any zoning relief.
The remaining house would be moved onto the same approximate location
within the front yard setback area. The existing decks would be removed
temporarily and reconstructed or replaced around the newly relocated cottage,
without coming any closer to the front yard lot line than one foot. The lot would
then contain one dwelling with a separate shed. The pump house would
continue to remain sited within the deck structure though not directly attached
to the decking or the house. The Nantucket Historic District Commission has
approved all facets of the project. Despite the erosion, the remaining structures
would continue to comply with the ground cover requirement of not more than a
maximum of 12.5% or 1500 square feet, whichever is greater, as well as side yard
setback requirements. With the relocation of the two-story cottage, the side yard
setback intrusion from the lot line along Pennsylvania A venue would be
eliminated. Applicant was also seeking the ability to move the existing about 168
square-foot shed to a site closer to the relocated dwelling and possibly attach it to
the southwesterly side of the dwelling in the future without having to seek
further relief from the Board.
5. Therefore, based upon the foregoing, the Board finds that the
erosion of shoreline to the southwest and the encroaching dune field are unique
soil conditions and the topography of the lot and location of existing structures
uniquely affect Applicant's lot and not do not generally affect the R-2 zoning
district within which the lot is situated, and the modest nature of the proposal
would make compliance with the setback requirements difficult and a hardship
for the Applicant. As the setback infringement is on the street side and given the
pattern of the lack of usage of Rhode Island Avenue beyond Applicant's
property, there would accordingly be no negative impact to an abutter by
reducing the front yard setback. The Board further finds that the Variance could
be granted without substantial detriment to the public good and without
nullifying or substantially derogating from the intent or purpose of the Zoning
By-law. The Board also notes that a grant of relief in this case would be
consistent with similar relief granted in other decisions related to properties
elsewhere on the Island that have experienced significant coastal erosion and
particularly to lots in the Madaket area with similar circumstances. In addition,
and to the extent necessary, relief by Special Permit can be granted as the
reduction from two dwelling units to one on the property and the ~elocation of
the existing structure would not be substantially more detrimental to the
neighborhood than the existing situation.
6. Accordingly, by a UNANIMOUS vote, the Board hereby GRANTS
the requested relief by VARIANCE pursuant to Nantucket Zoning By-law
Section 139-16A as to front yard setback to permit the relocation of the existing
single-family dwelling with decks to a site within the required 30-foot front yard
setback area as proposed; and to the extent necessary relief by SPECIAL PERMIT
under Section 139-33A. The relief hereby granted is conditioned upon the
following:
a. The alterations and expansion shall be done in substantial
conformity with the "Plot Plan", done by Jeffrey L.
Blackwell, licensed surveyor, dated December 23,2006, a
reduced copy of which is attached hereto as Exhibit A;
b. The proposed project shall be done in substantial
conformance with Certificate of Appropriateness No. 49,355
as approved by the Nantucket Historic District Commission,
as may be amended from time to time;
c. Exterior work related to the project herein described shall be
prohibited between July 1 and September 1 of any given
year; and
d. Applicant shall be allowed to relocate the existing shed to a
a site that would be closer to the relocated dwelling on the
southwesterly side of said dwelling, including attaching it to
the structure itself, so long as the shed was conforming to
the side yard setback requirements, without further relief
from this Board. d
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Dated: January 1<1, 2007
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ORIGINAl SIGItED AND STAMPED COPIES OF THIS PlAN 1M Y BE
PHOtOCOPIED BY THE BOARD Of APf'fAlS OR THE NANTUCKET
COUfffi' REGJSlR"( OF DEEDS FOR RECORDING PURPOSES.
IN CASES Of DlSCRE?ANW ~ iNFoRMATION CONTAINED
HEREOlf ,biND UNAUTHORIZED PHOTOCOPIES OF lHtS PlAN, ONLY
ORlGM.LYSWilPED AND ENOORSEDED COPIES SHALL BE
ACKNOIlUOOED BY THE. CERTIFYING IJiIO SURVEYOR.
THIS PlOT.Pl,AN WAS PREPARED TO ACCOMPANY AN APPUCATION
TO THE ~ BOAAO Of APPfALS AND IS NOT TO BE
CONSIDERED A FUlL ~ SURVEY.
THIS PLM stOOlD Nm' BE USED TO E.~ISH PROPERlY LINES.
FEt1(;ES, HEOOES OR Iff'( ANCIl.lARY STR\JC~ ON THE PREMISES.
THE PROPE1m' I..INES SHOWN RElY ON CURRENT DEEDS AND PlANS
OF RECORD.
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Plot Plan to Accompany
Board of Appeals Application
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N rmrucket, Massachusetts
SCALE: 1"::; 30' DATE: DEC. 23,200(,
Owner: . -!~f.} J.j ~ r=:~;:; rvr." E/?.'C;I;f~ p../. . . . . . .
.. 'c' ';3'~'" LOTSi,2,3',56.51'Vi:5Z."
Deed/Cert.: . ,,/, . I. . . .. Plon: l.~. .Z:4Q5-: . . . .
Tox Mop: P;l.?:I:I.4~ Locus:.~~H.ol?~ l.sJA'IPME:.
THIS PLOT PlAN IS NOT A CER'flFlCA1IION /J1S TO TO 'RiE mu: OR
OWNERSHIP or THE PROPERT'( SIiI'CmIlI. ~ or ~~ PROPfR'flES
ARE SHOWtl ACCOROINC TO CUmB<< 10WN OF ~ASSESSOR
RECORDS. .
THIS PUiN IAA'l' N.OT BE L1SED FOR AN>( Of HER F'URPOOE TWlN ITS
INTENDED USE i'ro'TED AIlM.
Btocltw.d & .woclates Inc. FSK.:
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(-J aa-9926 - 29'74
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
2 FAIRGROUNDS ROAD
_"'_._._~.._._.._.J
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. JANUARY 5. 2007. in the Conference Room, 2
FAIRGROUNDS ROAD, Nantucket, MA, on the Application of the following:
JENNIFER M. ERICHSEN/
BOARD OF APPEALS FILE NO. 001-07
Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-
law Section 139-33A (alteration/expansion of a pre-existing nonconforming
structure/use), and/or in the alternative to the extent necessary, reliefby VARIANCE
pursuant to Nantucket Zoning By-law Section 139-16A 16A (Intensity regulations - front
yard setback). Applicant's property is located directly adjacent to the south shore area in
Madaket and has been adversely affected by severe erosion along its southwesterly
portion of the lot. The lot currently contains two dwelling units, with attached decks, of
substantially equal size that are said to pre-date the enactment of the Nantucket Zoning
By-law in 1972. In 1993, relief was granted by Special Permit pursuant to Section 139-
33A in the Decision in BOA File No. 007-93 to add second floor space to one unit
without coming any closer to the lotlines than the existing structure. Ifnecessary, the
Applicant is seeking a modification of said Decision to complete the project as proposed.
Applicant now proposes to remove the smaller one-story dwelling (the "cottage"), sited
as close as about eleven feet with the attached deck sited as close as about five feet from
the front yard lot line along Rhode Island A venue in a district that requires a minimum
front yard setback of 30 feet, to another lot out of the area and would not need a grant of
relief for that portion of the project. The remaining 1 Y2 story dwelling, located on the
southwesterly side of the lot along Pennsylvania A venue would be relocated on the lot to
substantially the same site of the cottage, and would not be any closer to the front yard lot
line than the existing cottage and deck. The parking would remain on site. There may be
some adjustments to the surrounding deck with a portion of the cottage deck to remain
and attached to the newly moved dwelling. The separate pump house would remain in its
current location surrounded by the remaining portion of the deck. A separate shed would
be relocated from the southeasterly portion of the lot and attached to the house at some
point in the future. Applicant is seeking the ability to relocate the shed without further
relief from this Board to the southwesterly side of the structure and no closer to the front
yard lot line than the existing house. The house would continue to meet the side and rear
yard setback and ground cover requirements. The Building Department has issued an
emergency permit and the house has temporarily been moved over next to the cottage and
is on temporary supports until relief is granted by this Board.
The Premises is located at 34 RHODE ISLAND AVENUE, Assessor's Map
60.3.1, Parcels 146-148 and 195-197, inclusive, Land Court Plan 2408-V, Block 26, Lots
1-3 and 50-52, inclusive. The property is zo ed Residential-2.
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NANTUCKET ZONING BOARD OF APPEALS
.. {, 1 IJ:AST CHESTNUT STREET
NANTUCKET, MA 02554
FEEjj300.00
CASE NO. 00}-07
APPLICATION FOR RELIEF
Owner's name(s): 3..euo J I~-er (Y) . E.1I ~~ s e VI
__!\f~il!!1~~~~_ress: SL( I\fo~zr::s{Otlcf .~ AJorrfcx.}o'f--( ;nI8-Q2~N
Applican t' s n;;;(;)~--c?OYY;:e)----------...--.--...---- .....-- ..--n-----______________________n_______
Mailing address: - (SG.vt)R ) ,.. . ..
. Locus addr...: J </ 11 )y; ~ ~ h nd fH;e. Asse.~>tkJapfParcel:/cJ(" ~ I'fe, I ~S~
&(ir.Y2~ -,'t~ ~ t-9 '-
Land Court Plan/Plan Book & Page/Plan File NQ.: ;? 4-() g - V . -'Lot No.:/, 2.., 3 l.J2h &L,b'Z---
Date lot acquired:-1J31 '~Deed Ref./Cert. of Title: /;) bd I if - Zoning District: ~ -J- .
Vses on Lot- Commercial: None_Yes (d~cribe)
. . . _" Residential: Number of dwyiings;;t Duplex~ Apartments_Rental Rooms
Building Date(s): All pre-date 7/721 v/' or C of 0(s)1
BUilding Permit Nos:
Previous Zoning Board Application Nos.: ex; 7~ Cl 5
State below or on a separate addendum specific reli~f sought (Special Permit, Variance, Appeal), Section of
the Zoning By4aw, and supporting details, grounds for grant of relief, listing any existing nonconformities:
l4Lu G M30A0cf2 G oPcf2wv,~ ':
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I certify that the information contained herein is substantially complete and true to the best of my
knowledge, under the pains and penalties of perjury.
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SIGNATURE:', Applicant K..-- Attorney/Agent
(If not owner or. owner's orney, please enclose proQ of agency to bring this matter before the Board)
FO FICE USE
Application received on:LUQ~ By: Complete: Need co . s7:
Filed ,,'ith Town Clerk: [L,I-zl Plan . '~~-7\ _ Ul mg Dept.:
Fee deposited with Town Treasurer: (L/L{ l~y:~Waiver requested?:_Granted:_/_I-,-
Hearing notice posted with Town Clerk:GLJ Zl/f(eMailed:l2-1Zo I ctf1&M:/Z, /~ .IZt..~
Hearing(s) held on:_'_'-:Opened on:_/_I_ Continued to:_'_/_ Withdrawn?:_/_I_
DECISION DUE BY: I I Made: I / Filed w(fown Clerk: I / MAiI~cI! / I
ADDENDUM
Applicant is seeking relief by Special Permit pursuant to Nantucket Zoning By-law
Section 139-33A (alteration/expansion of a pre-existing nonconforming use/structure),
and/or in the alternative, to the extent necessary, reli~fby Variance pursuant to Nantucket
Zoning By-law Section 139-16A (Intensity regulations - front yard setback).
Applicant's property has been adversely affected by severe erosion affecting the south
shore area of Madaket. The property lies immediately adjacent to the eroding dune area.
The lot currently contains two dwelling units of equal size that are said to pre-date the
enactment of the Nantucket Zoning By-law in 1972. In 1993, special permit relief was
granted by the Board of Appeals pursuant to Section 139-33A to add second floor space
to the one dwelling unit that would remain on site without coming any closer to the lot
lines than the existing structure.
Applicant proposes to relocate the smaller one-story dwelling that is sited on the
northerly part of the lot adjacent to Rhode Island Avenue, to another lot and no relief
would be required for such relocation. The remaining dwelling would be moved on the
lot to the site ofthe dwelling that is being removed from the site, and would not be any
closer to the front yard lot line along Rhode Island Avenue than the existing cottage. The
cottage that would remain is currently sited as close as about five feet from the
southwesterly side yard lot line in a district that requires a minimum side yard setback of
ten feet. The cottage to be removed is currently sited within the required 30-foot front
yard setback area, with the house sited as close as about II feet and the deck closer. The
parking would remain provided on site. There may be some adjustments to the
surrounding deck as a result of the move, with a portion of the existing cottage deck to
remain and then attached to the newly moved dwelling. The separate pump house would
remain in its current location surrounded by the remaining portion ofthe deck. A separate
shed would be relocated from the southeasterly portion of the lot and attached to the
house at some point in the future. Applicant is seeking the ability to relocate the shed
without further relief from this Board to the southwesterly side of the structure and in a
conforming manner no closer to the front yard lot line than the existing house. The house
would continue to meet the side yard setback and ground cover requirements.
The lot has lost about 80 feet oflot area along the shore in the last four years and the
Building Department has issued an emergency permit under which the house has already
temporarily been moved over to a site next to the cottage that is to be moved and is on
temporary supports until relief is granted by this Board.
Town of Nantucket Web GIS - Printable Map
Page 1 of2
Prop ID
Address
Owner
Sale Date
Sale Price
Book/Page
Lot Size
Town or Nantucket Web GIS
60.3.1 149
32 RHODE ISLAND AV
FAUNCE DAVID W &
CHESTER A
4 BEACHAM PL
HINGHAM, MA 02043
01/29/1990
$1
C0014/ 338
0.05 acres
1.GO!
NOT A LEGAL DOCUMENT
o
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
Qisclaimer The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only. The
Town of Nantucket does not guarantee the
accuracy of the data. Users are responsible for
determining the suitability for individual needs.
All information is from the Town of Nantucket
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Town of Nantucket Web GIS - Printable Map
Prop ID
Address
Owner
Sale Date
Sale Price
Book/Page
Lot Size
Page 1 of2
Town of Nantucket Web GIS
60.3.1 149
32 RHODE ISLAND AV
FAUNCE DAVID W &
CHESTER A
4 BEACHAM PL
HINGHAM, MA 02043
01/29/1990
$1
C0014/ 338
0.05 acres
~
NOT A LEGAL DOCUMENT
Q
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
DJs_rullmer The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only, The
Town of Nantucket does not guarantee the
accuracy of the data. Users are responsible for
determining the sUitability for individual needs.
All information is from the Town of Nantucket
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Town of Nantucket, Mass
Map Composed
http://host.appgeo.com/nantucketma/PrintableMap.aspx?Preserve= Width&Map Width=86... 12/11/2006
Town of Nantucket Web GIS - Printable Map
Page 1 of2
Town of Nantucket Web GIS
,~\
Prop ID
Address
Owner
60.3.1 149
32 RHODE ISLAND AV
FAUNCE DAVID W &
CHESTER A
4 BEACHAM PL
HINGHAM, MA 02043
01/29/1990
$1
C0014/ 338
0.05 acres
Sale Date
Sale Price
Book/Page
Lot Size
z~
.
NOT A LEGAL DOCUMENT
o
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
QLSJ:Lairner The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes on Iy, The
Town of Nantucket does not guarantee the
accuracy of the data. Users are responsible for
determining the sUitability for individual needs,
All information is from the Town of Nantucket
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) CERTIFY, AS OF : , ,'1-.-! .-?? . . , THAT
THE 8UILDINGtS) IS/ARE LOCATED ON THE
GROUND ,AS SHOWN HEREON.
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PRO rONAL LAND SURVEYOR
THIS PLOT PLAk WAS PREPARED FOR THE TOWN
OF NANTUCKET 8UILDING DEPARTMENT ONLY AND
SHOULD NOT 8E CONSIDERED A PROPERTY LINE
SURVEY, THIS PLAN SHOULD NOT BE USED TO
ESTABLISH PROPERTY LINES, FENCES. HEDGES OR
ANY ANCJLLARY 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 NANTUCKET MASS
ACCORDING TO CURRENT ASSESOR RECORDS. 48 ,.
/4G, /47, / (608) 228-6282
ASSESSOR MAP: . C;Q.~.! . PARCEL: ~S:Jl~, {J7 NOT 10 BE REroRDED.
C:\JOSS\H8\SlP
EXISTING:
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75 . 00
HAMPSHIRE
AVE.
OUlLDlNG LOCATION PLAN
OF LAND IN
N ANJUCKlET, MASS.
SCALE: 1"~ 30' DATE: VEX::.. 3, 1'19Z
Owner: , rNQl>:1.A.S, . ~RICJ{5!=.1I. . , . , . . . . .
1fJTS I,Z, 3,50,5/,52
Deed: ~'. .'~~/4 . ., Plan: L,C.Z~108-.'( ,
Locus: . ~~, R_).(ODE' _ 15LAIoID AVt.
HART-BLACKWELL & ASSOCIATES,
6 YOUNGS WAY
02654
1.0.
BB- 2194
Zo:ifrNt cLA\S8'i:~(:€J\\~rg,N, R~.z.. , .
MIN. AREA: . ,z,qqqq ,?,=: . .
MIN,FRONTAGE: . . , ?f:i fT, . .
FRqNT YAF1D S.B.: . .-Jo ,';+ .
REAR & SID.E S. 8. : .19. '5'* .
GROUND COVER (Yo/: . ,Ii;.. . , .
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AVE.
8UfLDfNG LOCA nON PLAN
OF LAND IN
J CERTIFY. AS OF : . . '1-.-/ .-~? , . . THAT
THE BUILDING(SJ IS/ARE LOCATED ON THE
GROUN~ '~ SH~WN ~
PRO t'ONAL LAND SURVEYOR
THIS PLOT PLAN WAS PREPARED FOR THE TOWN
OF NANTUCKET 8UILDING DEPARTMENT ONLY AND
SHOULD NOT BE CONSIDERED A PROPERTY LINE
SURVEY. THIS PLAN SHQU~D NOT BE USED TO
EST ABLlSH PROPERTY LINES. FENCES. HEDGES OR
ANY ANCJLLARY 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 ASSESOA RECORDS. 48
14<4, /47; /
ASSESSOR MAP: . GO:.~.I . PARCEL: I'15,"J'~' !'17 NOT 10
C:\JOBS\HS\8lP
N ANJUCKIET, MASS.
SCALE: 1": 30' DATE: DEC. 3,1'192.
Owner: , rl-!C?':4.A.S, ,~~(c.H'.5ffl. . . . . . . . . .
roTS I.Z3,50,5/,52
Deed: ~'. /~~/4 , , , , Plan: L.q..~~-.v: . . , . ,
Locus: , ~4, ~,J.(O,?~ . ISL~"'~. !'-'!~'. . . . .
HART-BLACKWELL & ASSOCIATES,
6 YOUNGS WAY
NANTUCKET, MASS. 02664
(608) 228-6282
BE REC1JRDED.
IDo.
HB- 2'794
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
February I
, 19 93
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.:
007-93
Owner/Applicant:
JENNIFER M. ERICHSEN
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
t~ the Town Clerk so as to be received within such ~~ENTY
(20) days.
-Wa
-...
Chairman
cc: Town Clerk
Planning Board
Building Commissioner
ZONING BOARD OF APPEALS
10 South Beach Street
Nantucket, Massachusetts 02554
Map 60.3.1
Parcels 146, 147, 148, 195
196 and 197
Zoning District: R-2
34 Rhode Island Avenue
Certificate of Title No. 12314
Lots 1, 2, 3, 50, 51 and 52
Land Court Plan 2408-V
At a Public Hearing of the Zoning Board of Appeals held at
1:00 P.M., Friday, January 8, 1993, in the Town and County
Building, Broad Street, Nantucket, Massachusetts, on the
application of JENNIFER M. ERICHSEN, c/o Reade & Alger
Professional Corporation, 6 Young's Way, Post Office Box 2669,
Nantucket, Massachusetts 02584, Board of Appeals File No. 007-93,
the Board made the following Decision:
1. Applicant is seeking relief under ~139-33A to allow the
alteration and extension of two dwellings which are said to
be nonconforming. Nei ther building complies with current
requirements for setbacks. One building is sited 5+ feet
from the lot line abutting Rhode Island Avenue, and the-other
building is sited 2+ feet from the lot line abutting
pennsyl vania Avenue. A minimum 30 foot front yard and 10
foot side/rear yard setback is require in the district. The
dwellings are a residential use on a lot with less than the
required lot area. ~he lot contains 12,000+ S.F.; a minimum
lot area of 20,000 S.F. is required. Applicant proposes to
add a three-quarter story addition to the building closest to
Pennsylvania Avenue and by altering the roof line on the
other building. The existing structures are depicted on the
plot plan attached hereto as Exhibit A.
The premises are located at 34 RHODE ISLAND AVENUE,
Assessor's Map 60-3-1, Parcels 146, 147, 148, 195, 196 and
197, as shown on Land Court Plan 2408-V, Lots 1, 2, 3, 50, 51
and 52. The property is zoned Residential 2.
2. The Decision is based upon the Application and materials
submitted with it, and the evidence presented at the hearing.
Concerns were expressed by abutters that the construction
phase of the exterior alterations would occur during the busy
summer months and that construction materials stored on Rhode
Island Avenue would act to obstruct free passage thereover.
The Planning Board made no recommendation.
/
3. We find that the proposed alterations will not intensify the
nonconforming nature of the existing residential structures
on the premises, nor add any new nonconformi ties, and by
UNANIMOUS vote, we grant the SPECIAL PERMIT relief requested
under ~139-33.A of the By-law on the following conditions:
a) The
proposed
alterations
shall
be
constructed
substantially in conformity with the plans approved
under the Historic District Commission's Certificates of
Appropriateness Nos. 23832 and 23833.
b) No exterior construction work shall be conducted during
the months of June I to October I of any year.
c) Rhode Island Avenue shall be kept free of
construction-related materials to the extent necessary
to allow free passage over Rhode Island Avenue.
Dated: 1eb<uary -L, 1993 ~CrlC~ eJ, (l1iAA .12.
Dale W.Waine - .
ili&;). &1/ AU--j
Linda F. Williams
(f1tVll ~~r- .
An,~~a~ I t
',I, ' VKl/ !:/.1 '~f () 6" )
i t.tL i. I "-I(' '/
~" / , ,ce. ,
Robert J. Le'chter
Michael J. O'Mara
kah/12/ERICHSE
ZONING CLASSlflCATlONI R,-.z,. , .
MIN. AREA: . ,Z,QCX:.?9 ,~.,=: .- .
MIN, FRONTAGE: . , . ?q fT. . .
FRONT YARD S.B.: . ,-Jo ?i: '
REAR & SIDE S. B. : .19, '5" .
GROUND COVER (X): . '/i;., ,I, ,
EXISTING:
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I CERTIFY. AS OF : , ,'!-.-.' :?? . , . THAT
THE BUILDINGfSI IS/ARE LOCATED ON THE
GROUND AS SHOWN HEREON.
BUILDING LOCATION PLAN
OF L.A,f\!D I!'!
NANTUCKET, MASS.
'\~ ~, 13_1d~~
PROFESSIONAL LAND SURVEYOR
SCALE: 1H~ 30' DATE: DEC. 3, 199Z.
Owner: .JfJ:lI!( ~~~. . 0.', ~ R/r;i-(~~/I(. , . . .
LOTS I,Z. 3,50,5/,52
Deed: C,. .'Z::~4. . . . . Plan: L.C.Z408-,v: . . .
I
THIS PLOT PLAN WAS PREPARED FOR THE TOWN
OF NANTUCKET 8UILDING DEPARTMENT ONLY AND
SHOULD NOT 8E CONSIDERED A PROPERTY LINE
SURVEY. THIS PLAN SHOULD NOT BE USED TO
EST A8L1SH 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. 47 48
1414,/ I I , REV. I'2-15-")Z. (608) 228-5292
ASSESSOR MAP: ,!QO..~.! , PARCEL: ~5.JI:1c;', 1'77 NOT ro 8E RECORDED. :fE:Y1SEl):/Z-/4-n
Locus: . ~4. R.J.{9D~ . 15LA.IJD, A,:,/Z.. . . ,
HART -BLACKWELL &: ASSOCIATES,
6 YOUNGS WAY
NANTUCKET, MASS. 02664
HB- 2'794
Ino.
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSEITS 02554
Date:
February
, 19 93
CERTIFICATE OF GRANTING OF~~~ SPECIAL PERMIT
(Massachusetts General Laws~ Chapter 40A, Section 11)
The BOARD OF APPEALS of the TOWN OF NANTUCKET, hereby certifies
that a XKRXKM~RXiXOCOCK<XK SPECIAL PERMIT has been GRANTED:
To: (Owner/Applicant)
Jennifer M. Erichsen (007-93)
Address:
c/o Reade and Alger, Box 2669, Nantucket, MA 02584
affecting the rights of the Owner/Applicant with respect to land or
building at:
34 Rhode Island Avenue, Assessor's Map 60.3.1, Parcels
146, 147, 148, 195, 196 and 197, as shown on Land Court Plan
Cert. of Title
2408-V, Lots 1, 2, 3, 50, 51 and 52 X~OCOC~X~OC~~~~: 14898
And the BOARD OF APPEALS further certifies that the attached
Decision is a Lrue and correct copy of its Decision GRANTING the
~~~~X~XXSPECIAL PERMIT and that copies of the Decision and of
all plans referred to in the Decision have been filed with the Planning
Board and the Town Clerk.
The BOARD OF APPEALS calls to the attention of the Owner/
Applicant that General Laws, Chapter 40A, Section 11 (last paragraph)
provides that no >>X~XXN~XXXX~~~~XSPECIAL PERMIT, or any EXTENSION,
MODIFICATION or RENEWAL thereof, shall take effect until (a) a copy of
the Decision is certified by the Town Clerk that TWENTY (20) days have
elapsed after the Decision has been filed in the office of the Town
Clerk and no appeal has been filed (or, if such appeal has been filed,
that it has been dismissed or denied) and (b) the certified copy is
recorded in the Registry of Deeds for the County of Nantucket and
indexed in the grantor index under the name of the Owner of Record or
1S recorded and noted on the Owner's Certificate of Title. The fee for
such recording or registering shall be paid by the Owner/Applicant.
. ~~cj, w~
Cha1rman Dale W. Waine
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~~dc0~
Zoning Board of Appeals
~~
LIST OF PARTIES IN INTEREST IN THE MA ITER OF THE PETITION OF:
PROPERTYOWNER....~.... :
:::::~::::~~........~~.....e?~Z.~.2t.
ASSESSOR MAPIP ARCEL....... .~. ~ .3(-:-:.. (7'~........................................
APPUCANT..........~...~....................
SEE A TT ACHED 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 abutters of the abutters and all other
land owners within 300 feet of the property line of owner's property, all as they appear on the
most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 40A
Section 139-29B (2)
;::Me . 13 2otJ&
DATE /
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p:, SESSOR'S OFFICE
Town of Nantucket
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