HomeMy WebLinkAbout024-07
TOWN 'OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
)<JpY'I'1 ? .
, 20 CJ7
To: Parties i~ Interest and, Others concerned with the
'-"j)eCrslon-6T the BOARD OFl APPEALS in the Application of the
follDwing: 8
Application No.: 0::?tf-07 __~
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ow~er/APPlicant: 0UJ..RJr1 H~ B//~r,?s.,Jr. .!YVS'~
1he !au )Son~. B 111f)' ~. T fu;r; nr:rtt/I'e- t. r dp B/tf In 9 sil!.
~{2- Th f 1Yb9"'ft~ L~ ('o)P-Jros-ry it ffb,!n y In .JjiJprrf1"'.. CpJ.
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.
()'(J)tI~~
/lJOJvl(!Jf ... ns'l Cha irman
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); 9139-321 (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET BOARD OF APPEALS
Two Fairgrounds Road
Nantucket, Massachusetts 02554
3 Trotter's Lane, Nantucket
Assessor's Map 67, Parcel 132
Residential-10
Lot 2 on Plan Book 18, Page 69
Deed Book 240, Page 167
DECISION:
At a Public Hearing of the Nantucket Board of Appeals held at 12:00 p.m.,
Friday, March 16, 2007, in the conference room of the Town Building located at Two
Fairgrounds Road, Nantucket, Massachusetts, on the Application of LAWSON H.
BILLINGS, JR., TRUSTEE OF THE LAWSON H. BILLINGS, JR. TRUST AND
MARJORIE L. COLE BILLINGS, TRUSTEE OF THE MARJORIE L. COLE TRUST,
FOR THEMSELVES AS OWNERS, of 4 Jamies Way, Lakeville, MA 02347, and for
TIMOTHY M. SOVERINO, CONTRACT PURCHASER, of PO Box 1316, Nantucket,
MA 02554, Board of Appeals File No. 024-07, the Board made the following Decision:
1. The Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning
By-law Section 139-33A (alteration/ expansion of a pre-existing nonconforming
use/structure) to validate the siting of a 1981 addition constructed on the southeasterly
side of the existing rear single-family dwelling constructed in 1965, as well as the
attached deck on the southeasterly side of the addition. The addition continued the rear
building line of the dwelling, sited as close as about 4.1 feet from the southwesterly rear
yard lot line in a district that requires a minimum side and rear yard setback of ten feet,
and is sited as close as about 4.3 feet from that lot line. In addition, the Applicant is
seeking relief by VARIANCE, to the extent necessary, pursuant to Section 139-7(2)(b) to
validate the scalar separation and ground cover differential between the two dwellings,
or a finding that no relief is necessary as both structures pre-date the 1972 enactment of
the Zoning By-law and the two structures are arguably exempt from the
primary / secondary dwelling requirements as to 20% differential and 12-foot scalar
separation. To the extent necessary, relief by SPECIAL PERMIT is sought under Section
139-16C(2) to validate the front stoop/ steps of the front dwelling that are sited as close
as about 18.2 feet from the front yard lot line along Trotter's Lane, in a district that
requires a minimum front yard setback of 20 feet. The lot and structures are conforming
in all other respect to the dimensional requirements of the Zoning By-law.
The Premises is located at 3 TROTTER'S LANE, Assessor's Map 67, Parcel 132,
Plan Book 18, Page 69, Lot 2. The property is zoned Residential-10.
2. This Decision is based upon the Application and materials submitted with it,
along with the photographs, testimony and evidence presented at the hearing where
testimony was taken. The Planning Board made no recommendation as there were no
issues of planning concern. Other than the presentation by the Applicant (Soverino)
and his counsel, there was no other public comment at the hearing. There were no
letters of opposition on file.
There were two letters on file from the current owners (Billings), dated February
23,2007 and March 14,2007. The first stated that the deck on the rear of the front
dwelling and the deck on the southerly side of the rear dwelling were on the structures
when he bought the property in 1985. He had them repaired in 1986. In the second
letter, he stated that the "porch on the main house at 3 Trotter's Lane was there in its
same configuration since we purchased the house in 1985".
There was also an affidavit on file dated February 13, 2007 from Sarah Bell, a
predecessor in title to current owners and a current abutter to the north, who is the
daughter of the prior owner of the Premises. Ms. Bell's information establishes that the
dwellings have been in existence since a time before the 1972 adoption of the Nantucket
Zoning By-law and that the southerly addition to the rear house was constructed in
1981. "Other than the addition, the two houses at 3 Trotter's Lane have been located as
they appear...and have been used as dwellings since some time before Christel Mitchell
purchased the property 1972." In addition, Applicant submitted "tax cards" from the
Tax Assessor's Office that indicated that the front house was constructed in 1959 and
the rear house in 1965 and were thus validly pre-existing nonconforming structures.
3. The Applicant, through counsel, represented that the Premises are a conforming
lot in the R-10 zoning district, improved with two dwelling units. The Applicant
presented a "Building Location Plan", drawn by Charles W. Hart and Associates, dated
March 15,2007, a reduced copy of which is attached hereto as Exhibit A, that shows the
rear dwelling on the Premises located as close as about 2.8 feet from the northwesterly
side yard lot line and about 4.1 feet from the southwesterly rear yard lot line, in a
district that requires a minimum side and rear yard setback of ten feet. The front steps
district that requires a minimum side and rear yard setback of ten feet. The front steps
on the front dwelling are located about 18.2 feet from the front yard lot line along
Trotter's Lane, in a district that requires a minimum front yard setback of 20 feet. The
two dwellings do not meet the 20% ground cover differential or the 12-foot scalar
separation requirements as set forth in Nantucket Zoning By-law Section 139-7(2)(b) for
primary and secondary dwellings. The lot complies with the dimensional requirements
of the Zoning By-law and other than noted above, the dwellings comply with the
dimensional requirements of the Zoning By-law. As such, the Applicant represented
that the dwelling units are not considered primary and secondary dwellings as defined
in the By-law as both structures pre-dated the 1990 change in the Zoning By-law related
to primary and secondary dwellings in the R-10 zoning district and were thus exempt,
and not subject to the ground cover differential and scalar separation requirements.
4. The aforementioned Bell Affidavit established that the nonconforming location
of rear dwelling pre-dated 1972, except for an addition constructed around 1981,
pursuant to Nantucket Building Permit No. 1745-81 (the "Permit"). The Permit allowed
the addition to be constructed in its present location, about 4.3 feet from the rear yard
lot line, which did not come any closer to the rear yard lot line that the pre-existing,
nonconforming portion of the rear dwelling. Although the minimum rear yard setback
was ten feet at the time the Permit was issued, the then Building Inspector did not
require special permit relief to be obtained; he noted on the Permit that the "building
line was being extended at rear maintaining four feet." No Certificate of Occupancy
was ever issued for the addition.
5. As noted above in the letters from the current owner of the Premises submitted
to the Board, the decks on both dwellings and the front steps on the front dwelling were
constructed some time before he purchased the property in 1985. No building permits
for construction of the decks or steps were found in the Building Department records.
The deck on the rear dwelling is located within the 10-foot required rear yard setback
area but comes no closer to the rear property line than the pre-existing, nonconforming
dwelling. Given that the front door to the front dwelling is some three feet above
grade, the front steps were necessary to access the front door since the structure was
built. On file was a 1975 aerial from the Town records that clearly indicated that there
was a front stoop similar in size and shape to the existing stoop on the front of the front
dwelling.
6. In light of the information provided in the affidavit from Sarah Bell and hearing
no evidence to the contrary, the Board finds that the dwellings were constructed and
used as dwellings before 1972 adoption of the Nantucket Zoning By-law. Therefore, the
dwellings are exempt from the ground cover differential and scalar separation
dwellings are exempt from the ground cover differential and scalar separation
requirements of the Zoning By-law, and the Board finds that no variance relief is
necessary as to these matters. The Board also finds that the main portion of the rear
dwelling is pre-existing, nonconforming as to side and rear yard setbacks and that the
rear addition and deck and the rear deck on the front house, though constructed within
the area between the two structures, was done so at a time prior the 1990 Zoning By-law
change related to ground cover differential and scalar separation and thus did not
increase any current nonconforming situation.
7. Therefore, based on the testimony and documents provided at the hearing, the
Board finds that the 1981 addition was built pursuant to a validly issued Building
Permit, was constructed in accordance with the Permit, was sited no closer to the rear
yard lot line than the pre-existing, nonconforming portion of the rear dwelling, and has
been in existence for more than twenty-five years. The Board also finds that the deck on
the rear dwelling comes no closer to the rear yard lot line than the pre-existing,
nonconforming portion of the rear dwelling and has been in existence for more than
twenty years. Given these facts, the Board finds that allowing the addition and rear
deck to remain in their current locations would not be substantially more detrimental to
the neighborhood than the existing nonconformity.
8. Therefore, based on the testimony and documents provided at the hearing, the
Board finds that the front steps on the front dwelling were constructed some time
before 1985, are necessary to access the front door of the dwelling, and correction of this
unintentional setback intrusion substantially outweighs any benefit to an abutter of
eliminating the intrusion. In addition, since the steps pre-date 1990, relief by special
permit is available and siting of the steps need not have been done based upon a
licensed survey as so stated in Zoning By-law Section 139-16C(2). The Board further
finds that validating the siting of the steps would create a situation that would
substantially more detrimental to the neighborhood than the existing nonconforming
situation.
9. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested relief
by SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section 139-33A to validate
the current siting of the 1981 addition and deck on the rear dwelling; and by the same
vote, GRANTS the requested relief by SPECIAL PERMIT relief pursuant to Section 139-
16C(2) to validate the front stoop/steps of the front dwelling that are sited as close as
about 18.2 feet from the front yard lot line along Trotter's Lane. Relief is conditioned
upon the following:
I ZO. NlliG CLASSIFICATION: ,Ie, ~/<? .
MJN. AREA: . . jQQ99. ~.p.. . .
. MIN. FRONTAGE: . . 7~. Ff'r.. . . .
FRONT YARD S.B.: . .~q I:r:. . .
REAR de SlOE 5.8.: . JP.F:r:. . .
GROUND COVER (x): . ,f?P'. ':(.. . .
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C. JOYNER
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THlS PLOT PL>>J \44o\S PREPARED fOR THE TOWt-J
OF NANTIJCKET BUILDWG, OEPARnIDlT' ON!. Y AND
SHOULD NOT B( COHSWERED A PROPERTY LINE:
SURVEY. THIS PlAN SHOULD NOT B~ USED TO
ESTABUSH PROPERTY~, fENCES, HEDGES. OR
ANY ANCIllARY STRUCTURES ON THE PRfWES.
THE: PROPERTY I.JNES SHOWN RELY ON CURRENT
DffDS AND PlANS OF RECORD.
THlS PLOT PlAN 1S NOT A CERTrFICATION AS TO
TITLE OR OWNERSHIP OF THE PROPER7Y SHOWN.
OWNERS OF ADJOJNlNG PROPERTIES ARE SHOWN
a.CCORD!NG TO CURRENT ASSESSOR RECORDS.
ASSESSOR MAP: . ~.7. . . PARCa: ,l(!>f.. .
is\, C'NI!\ II?
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EXISTING:
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BUILDING LOCATION PLAN
. . OF lAND IN
NANTUCKET, MASS.
~ev.: 3-/5-07
SCALE: 1.. ZS' DATE: P;:;:8.IG,2007
Owner: ~~ vr~q"( t': I?~J....Iv.'J:(C?~,.J~.. r:ry.s:t'<;e
&. MAI?JOJe/~ /.." COt..E E/J...J../HG..5" rrustee
Deed' . ..!t::?Z'-:~$!I. . . Plan ,A-PT.Z.: .PI-;ftJ:l
. m-~
Lcx;us .~ 7".R,oTT'::::lf?:5. ~-4Jf"F. . . . . , .
CHARLES. W. HART & ASSOCIATES, Inc.
SANFORD BOAT BUILDING
49 SP.ARKS A VEWE
NANTUCKET, MASS. Ol554
NOT TO BE RECORDeD. (Soa) 228-8910 H - 70.91
(BOA File No. 024-07)
a. The structures are to be sited in substantial conformance with the
"Building Location Plan", drawn by Charles W. Hart and
Associates, dated February 16, 2007 and revised March 15,2007, a
reduced copy of which is attached hereto as Exhibit A; and
b. There shall be no further expansion of the rear dwelling within the
required ten-foot rear yard setback area or the front dwelling
within the front yard setback area without further relief from
this Board.
10. Applicant withdrew that portion of the Application that related to the request for
variance relief pursuant to Nantucket Zoning By-law Section 139-7(2)(b), which the
Board allowed without prejudice, finding that no relief is necessary as the structures are
validly pre-existing and nonconforming as to the requirements for a 12-foot scalar
separation and 20% differential between primary and secondary dwellings.
Dated:
April 7 ' 2007
~7~
Burr Tupper
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at!1.:ID!
P.M.. FRIDAY. MARCH 16.2007. in the Conference Room, 2 FAIRGROUNDS ROAD,
Nantucket, MA, on the Application of the following:
LAWSON H. BILLINGS, JR. TRUSTEE OF THE LAWSON H. BILLINGS, JR. TRUST
AND MARJORIE L.COLE BILLINGS, TRUSTS OF THE MARJORIE L.COLE TRUST
FOR THEMSELVES AS OWNERS AND FOR TIMOTHY M. SOVERINO, CONTRACT
PURCHASER
BOARD OF APPEALS FILE NO. 024-07
The Applicant is seeking reliefby SPECIAL PERMIT under Nantucket Zoning By-law
Section 139-33A (alteration/expansion of a pre-existing nonconforming use/structme) to validate the
siting of a 1981 addition constructed on the southeasterly side of the existing rear single-family
dwelling constructed in 1965, as well as the attached deck on the southeasterly side of the addition.
The addition continued the rear building line of the dwelling, sited as close as about 4.1 feet from the
southwesterly rear yard lot line in a district that requires a minimum side and rear yard setback of ten
feet, and is sited as close as about 4.3 feet from that lot line. In addition, Applicant is seeking relief
by VARIANCE, to the extent necessary, pursuant to Section 139-7(2)(b) to validate the scalar
separation between the two dwellings, or a finding that no relief is necessary as both structmes pre-
date the 1972 enactment of the Zoning By-law and the two structures are arguably exempt from the
primary/secondary dwelling requirements as to 20% differential and 12-foot scalar separation. To
the extent necessary, reliefby SPECIAL PERMIT is sought under Section 139-16C(2) to validate
the front stoop/steps of the front dwelling that are sited as close as about 18.2 feet from the front
yard lot line along Trotter's Lane, in a district that requires a minimum front yard setback of 20 feet.
The lot and the structures are conforming in all other respect to the dimensional requirements of the
Zoning By-law.
The Premises is located at 3 TROTTER'S LANE, Assessor's Map 67, Parcel 132, Plan
Book 18, Page 69, Lot 2. The property is zoned Residential-lO.
']J. r
/; (/ 7 " G:' I "
I ,-.,.
Nancy J. Sevr s, C airman
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PLEASE NOTE THE CHANGE IN IME FROM 1:00 PM TO 12:00 PM.
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
C<k.. V
V-."'" 'I
FEE: $300.00
CASE NO. G2.y--a7
APPLICATION FOR RELIEF
Owner's name(s): Lawson H. Billine:s. Jr.. Trustee of the Lawson H. Billine:s. Jr. Trust
and Mariorie L. Cole Billine:s. Trustee of the Mariorie L. Cole Trust
Mailing address: 4 Jamies Way. Lakeville. Massachusetts 02347
Applicant's name(s): Timothv M. Soverino
Mailing address: P.O. Box 1316. Nantucket. Massachusetts 02554
Locus address: 3 Trotter's Lane Assessor's Map/Parcel: Map 67. Parcel 132
Plan Book & Page: Book 18. Pae:e 69 Lot No.: 2
Date lot acquired: 12/12/1985 Deed Reference: Book 240. Pae:e 167 Zoning District: R-10
Uses on Lot - Commercial: None -L Yes (describe)
Residential: Number of dwellings ~ Duplex_ Apartments _ Rental Rooms
Building Date(s): All pre-date 7/72? Yes
C ofO(s)? Yes
Building Permit Nos: 1745-81 (new livine: room addition to existine: dwelline:)~ 41-04 (repair front stairs)
c:.)
--...J
Previous Zoning Board Application Nos.: none ,
State below or on a separate addendum specific relief sought (Special Permit, Variance, Ap]eal), Sec~ion of
the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing Iilinconfot!nities:
.J
,..J
SEE ADDENDUM ATTACHED
I certify that the information contained herein is substantially complete and true to the best of my
knowledge, under the pains and penalties of perjury.
Timothy M. Soverino, by his attorney,
Applicant Attorney/Agent X
(If not owner r owner' tto ey, lease enclose proof or agency to bring this matter before the Board)
FOR AOF ICE USE _ /'
Application received on:2J-5i) By: Complete:c----' Need copies?:--J-
Filed with Town Clerk: 2--/?i::J[2 Plannill'g B(}Rnl:2./~,'_ Buadiu!; Dt:pt.;_iA~:~
Fee deposited with Town Treasurer:~~2d:)BY10~aiver requested?:_Granted:-"_/_
Hearing notice posted with Town ClerkZ, Z2 r[)vIailed:ZJ22d)I&M~~JL07&a/8- 4;2
Hearing(s) held on:_/_/_ Opened on:_/_/_ Continued to:_/_/_Withdrawn?:_/_/_
DECISION DUE BY:_/_/_ Made:-"_/_ Filed w/Town Clerk:_/_/_ Mailed:_/_/_
DECISION APPEALED?: / / SUPERIOR COURT: LAND COURT Form 4/03/03
ADDENDUM TO APPLICATION
Timothy M. Soverino, Applicant
3 Trotter's Lane, Nantucket
Applicant is seeking relief by Special Permit pursuant to Nantucket Zoning By-
law Section 139-33 A(5) (extension of existing structure within the setback) to allow to
an existing addition to remain, notwithstanding its intrusion into the required ten-foot
rear yard setback area when the addition was constructed around 1981. No new
construction is proposed in this application.
Applicant is the contract purchaser of the Premises. Owner purchased the
Premises in 1985, improved with two dwelling units in existence before the 1972
adoption of the Nantucket Zoning By-law. One of the dwellings is located about four
feet from the rear yard setback. In 1981, a prior owner constructed an addition to the
dwelling in the setback, pursuant to Nantucket Building Permit No. 1745-81. The
permit allows the addition to be constructed in its present location about four feet from
the rear yard setback, although the minimum rear yard setback in the R-10 zoning
district is ten feet. The then Building Inspector noted on the permit that the "building
line was being extended at rear maintaining four feet."
The Nantucket Zoning By-law permits pre-existing nonconforming structures
located in a setback to be extended, provided that the nonconforming distance is not
made more nonconforming and the Board of Appeals finds that the extension will not
be substantially more detrimental to the neighborhood. In this case, a prior owner
constructed an addition intending to come no closer than the existing setback intrusion,
pursuant to a building permit. The addition has been in existence for more than
twenty-five years.
The Premises are located in the R-10 zoning district. The lot is conforming as to
area and frontage. The dwellings on the Premises were constructed and used as
dwellings before 1972. One of the dwellings may be pre-existing nonconforming in the
in the twenty-foot front yard setback. The secondary dwelling is located in the rear
yard setback, being about four feet from the rear property line where a minimum
setback of ten feet is required.
Town of Nantucket Web GIS - Printable Map
Page 1 of2
Town of Nantucket Web GIS
Prop ID
Address
Owner
Sale Date
Sale Price
Book/Page
Lot Size
67 132
3 TROTTERS LN
BILLINGS LAWSON H JR
TRST ETAL
BILLINGS LAWSON H JR
TRUST ETAL
3 TROTTERS LN
NANTUCKET, MA 02554
01/25/2005
$0
00937/0291
0.24 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.
Disclaimer 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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Map Composed
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Town of Nantucket Web GIS - Printable Map
Page 1 of2
Town of Nantucket Web GIS
Prop ID
Address
Owner
67 132
3 TROTTERS LN
BILLINGS LAWSON H JR
TRST ETAL
BILLINGS LAWSON H JR
TRUST ETAL
3 TROTTERS LN
NANTUCKET, MA 02554
01/25/2005
$0
00937/0291
0.24 acres
Sale Date
Sale Price
Book/Page
Lot Size
j
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>'~
.., 't
"'~,
NOT A LEGAL DOCUMENT
C)
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
Disclaimer 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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Map Composed
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. LOCUS PLAN
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SOUTH
,..,
AERIAL PHOTOGRAPH
3 Trotter's Lane,
Soverino, Applicant
t~w;-
I'" Aerial Photo
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IHeDA MAGOAGE
FEB-e9-2ee7 I1t50 AM
e2/8~/2Ba7 11:88 61B22a~56
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!WE 21/21
PebJ'U4ry 9r 2Of1l
HY.HANl;) DSL1VliJC'
Lind. WiRiamsr AdmJrtlStrllor
Nentuc::J;st Zaning Board of APPf!41a
Two FaitgroQftds Road
N mtucket, Masll.mueect8 02554
Be: S 'l'rotW~ ~ Nantucket
Dear Lin.da:
Please accept this Jetter as OW' I.uth~ far Timothy M.
SovelU\o to proceed with an AppIfalb for SpetiaI Permit. with Variance
requellted In h NWnatlve, to blet5 a setbeck violatirm of 8ft addition butJ.t in
1981 on nur pfO~ at 3 Trotter's Lane, The addition was built by a prior
()WI\fa',
Thank you.
Sincerel}lr
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cc: Ml". Timothy M. SoVfl'lnO
I1Q/ZQ 39~d
COMMONWEALlH OF MASSACHUSETI'S
TOWN AND COUNTY OF NANTUCKET
************'4'**********__*****************_
IN RE: 3 TROTIER'S LANE
NANTUCKET, MASSACHUSETIS
*
..
AFFIDAVIT
OF
SARAH R. BELL
'"
...
********.*******************..*****-~-~~*
1, Sarah R. Bell, do depose and say:
1. I am familiar with the property known and numbered as 3
Trotter' 5 Lane, Nantucket, Massachusetts, and make this affidavit on my
personal knowledge.
') I have been a resident of Nantucket for more than 30 years. I
live at 34R Hooper Farm Road, next door to 3 Trotter's Lane.
3. My mother Winny H. Reynolds was the caregiver for Mrs.
Christel Mitchell in the 19705. In December 1972, Mrs. Mitchell purchased the
property at 34 Hooper Farm Road and 3 Trotter's Lane to be a residence for
my mother. Mrs. Mitchell was familiar with the property before she
purchased it in December 1972. The property was owned by Marion and OUy
Valentine, and the Valentines had granted a mortgage on the property to Mrs.
Mitchell in Apri11971. A bank took the property in foreclosure from the
Valentines in July 1972.
4. In June 1973, my mother purchased the property at 3 Trotter's
Lane from Ml's. Mitchell. My mother immediately moved into the back
house, which my family has always called "the long house". My mother
lived in the long house and owned the property until her death in 1984. After
my mother's death, the property was sold to Bud and Marjorie Billings,
Page One of Two
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5. In 1981, m.y mother constructed a living room addition to the
long house. Other than the addition, the two houses at 3 Trotter's Lane have
been located as they appear in the attached aerial photograph and have been
used as dwellings since some time before Christel Mitchell purchased the
property 1972.
Signed under the penalties of perjury this 13 day of February, 2007.
.~4~t.L,e ~
Sarah R. Bell
COMMONWEALTH OF MASSACHUSEITS
County of Nantucket, 8$,
February 13, 2007
On this J.L day of February, 2007, before me, the undersigned notary
public, personally appeared the above-natJ\(,.~ Sarah R. Bell,@personally
known to me or (b) proved to me through satisfactory evidence of
identification, which were . to be
the persOns whose names are signed on the foregoing instrument, and
acknowledged to me that she signed it voluntarily, for its stated purpose.
Page Two of Two
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ZONING CLASSIFICATION: .R. ~/C? .
WN. AREA: . . .!Q9Q9. -?-F=. . .
WN. FRONTAGE: . . 7':;. ;;r. . . .
FRONT YARD S.S.: . .;<;'Q J:T-. . .
REAR & SlOE 5.8.: . ,1PJ:'(.. . .
GROUND COVER (%): . -?-.5. "~o. . .
EXISTING:
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I GERTIfY, /fS Qf;'~:, . H.t{':' . ..;.. . . THAT
THE BUlLOlNCJ~~...~~...I".AAi'... ...OOCATEO....-.. ..... .' ....~. THE
GROUND /fS ~~),~~~.
""""" ,., _.-' #
BUILDING LOCATION PLAN
()!=' I ANn IN
RECEIVED
FEB 251981
#: /;JY'S-t/
APPLICATION FOR
PLAN EXAMINA nON AN D
BUILDING PERMIT
Ji::ding Inspector Town of Nant;~Lt
-
IMPORTANT- Applicant to complete all items in Sections: 1,2,3,4, and 5
l. OWNERS NAME: R~~l;..)C'-OS : ~\lV~~~
LOCA TION ( Last L First Middle Initial
~ ...a.. -\ ,;l ,,,-r-7I-:- n ;::- -:cl~' ~
OF
BUILDING No. Street Village
Assessor's Map No. G:.'\ Assessor's Parcel No. \ 1> 7-
2. TYPE AND COST 0 F BUILDING - All applicants complete Parts A - D
A. TYPE OF IMPROVEMENT D. PROPOSED USE - (Far "Demolition", most recent use)
1 0 New Building Residential Nonresidential
2 ~ Addition (If residential, enter number 12 !Al One Family 180 Amusement, recreational
of new housing units added, if any, 190 Church, other reli~ious
in Part D, 13) 130 Two or more family -Enter
3D Alteration (See 2 above) number of units - - - - - 200 Industrial
40 Repair, replacement 14 0 Transient hotel, motel, 210 Parking !1arage
5 0 Demolition (If multifamily residential, or dormitory - Enter number 220 Service station, repair garage
enter number of units in building in of units - - - - - - - - - ---+ 230 Hospital, institutional
Part D, 13) 150 Garage 240 Office, bank, professional
60 Moving (relocation) 16 0 Carport 250 Public utility
7 0 Foundation only 17 0 Other - Specify ~"e 260 School, library, other educational
B. OWNERSHIP \JG0 l, \t i N-c!, ..1'>") 270 Stores, mercantile
8141 Private (individual, corporation, 280 Tanks, towers
.....- -_.~..Dll.IlPal.fit_ Lnstitution, etc.) 290 Other - Specify
9 D.Public (Federal, ?tate" or
local government)
-..---. -... ~ --.
C. COST (Omit cents) Nonresidential - Describe in detail proposed use of buildings, e. g., food
processing plant, machine shop, laundry building at hospital. elementary
10. Cost of improvement. . . . . .. . . . . . . . . $ school, secondary school, college, parochial school, parking garage for
department store. rental office building, office building at industrial plant.
To be ins talled but not included If use of existing building is being changed, enter proposed use.
in the above cost
a. Electrical.......................
b. Plumbing.......................
c. Heating, air conditioning........
d. Other.......................... ~-
11. TOTAL COST OF IMPROVEMENT J .., 5DD.C(P
3. SELECTED CHARACTERISTICS OF BUILDING For new buildings and additions, complete Parts E-N
for Demolition, complete only Part I., for all others skip to 4.
E. PRINCIPAL TYPE OF FRAME G. TYPE OF SEWAGE DISPOSAL J. ACCESSORY HEAT SOURCE
30DMasonry (wall bearing) - 40 'gPublic or private company 50. No. of Fireplaces '~.T~l-z.cr
3(~Wood frame 41 0 Private (septic tank, etc.) 51. No of Wood Stoves -
320 Structural steel 52. No. of Coal Stoves
330 Reinforced concrete H. TYPE OF WATER SUPPLY 53. Solar Collector
340 Other - Specify 42 D Public or private company 54. Other:
43@rivate (well, c,istern) K. SMOKE DETECTORS
55. No. of Dectectors ,
F. PRINCIPAL TYPE OF HEATING FUEL I. DIMENSIONS 56. Type Ac::.
35DGas 44. No of Stories: \ 57. Manufacturer -
36DOil 45. First Floor Area: \ l\- 4- 58. UL Test No. V
37 ~ Electricity 46. .Second Floor Area:
38 0 Coal 47. Third Floor Area: L. RESIDENTIAL BUILDINGS ONLY
39 0 Other - Specify 48. Total Floor Area: \ 4-4- 59. Number of Bedrooms :J...
49. Full Basement Area: 60. Number of Bathrooms "
Full l' Partial
3. CONTINUED
M. ENERGY CONSERVATION 'li Type Thickness R Value
61. Foundation or Floor Insulation \ 1..( S"1~~M
"L
v: ~. -:-
62. Wall Insulation ~ Z \'-'~iSc~l.+~.S'
$ .1 l t C\:-lLc >>..,
63. Ceiling or Roof Insulation \..:;.
64. Window Glazing: Insulated Glass Double Glass Storm ./
65. Doors: Insulated YES . NO V S-1..~ Weatherstripped YES NO
66. Percentage of Window Area to Wall Area: L.. 70
67. Maximum BTU loss per hour of structure:
N. STRUCTURAL CHARACTERISTICS OF BUILDING '3 <:'~.'l,.-U.,,}\"" ~\",,\I/:..:J.!j~ \J 5-"'>1" S.
Applicant is required to submit complete structural framing plans with application due to the complexity of the structure, if the following
information is insufficient for proper plan review.
Foundation Ii :j
2.- ~4--\~ e
Footing size: o ~LrO Footing reinforcing: ~
(S .....oe..l<... 8 il ..
Wall material: Wall thickness:
Wall heiaht: ';5.'2., ., <Su.~ c..;~.~ Wall reinforcing: -
Pier si ze : - Pier spacing: -.-
Pier footina size: - Pier reinforcing: -
First Floor Framing ~
Main carrying member: /Ize: \" MlY\,~lL Wood: Steel:
if" i t,.......,. 0' "_
Joist size: ::l. Maximum Span: /2- Maximum Spacing: Ii> .O,C-
Second Floor Framinq
Joist size: Maximum Span: Maximum Spacing:
Ceiling Framing /-
v'
.2.A'ic ~' "
Joist size: Maximum Span: j Maximum Spacing: It, i? C--'
. .
.
/....
Roof Framing V/ II
Rafter size: 1-,Y Ie Maximum Span: 6' Maximum Spacing: /6 ~ W
Roof Truss
Applicant must submit design calculations for all wood trusses stamped by a Registered Professional Engineer.
NOTES AND DATA (For Department use)
,,- C"\'JI.\~? Z 'is ..~ CO ~ 4-<of'l c;,t:
'"'-'"t(~~
32.'>o'7u '"2'; 4;4-6 Sr
8'~l'Z. :: C{(v Sf'
- Il~L"
.~ . fV\ 1.1 '\. ,'" O~ '"Z.:oClO
I
\'Ei';';; , .-
4..- ZONING COMPLIANCE
To be completed by 011 applicants
Applicant is required to submit two registered plot plans with application.
Frontage on Street:
Lot No.
\c,') ~lf',>
"Z-
Plan Book No. and Page:
J{";)- / LJ
\ C1. <\- . ~,.
\ 6 -. ~g
.
Total Land Area:
Zoning District:
Land Court Plan No.
Date Lot Purchased:
Name of Previous Owner:
SUBDIVISION INFORMATION
Name of Owner"
~\
C4 "f''- \ <tA,Q\i::.
Date of Preliminary Submission to Planning Board:
Date of Definitive Plan Approval:
Type of Approval:
ANR
AR
Planning Board File No.
Is the Subdivision subject to a Covenant: YES
NO
Is a Release required: YES
NO
DIMENSIONS
Distance from Property Lines:
FRONT
REAR
4-
LEFT
RIGHT
a
Distance between Principal and Secondary Dwelling:
(12ft. minimum.)
Height of structure above finish grade:
N
E
S
W
Number of off-street parking spaces:
Enclosed
On-site
GROUND COVER
Principal Dwelling:
Secondary Dwelling:
Addition:
-1 \ \ q,~ '3\':.
\ 4-4-
Total: '
\346
Garage:
Accessory Building:
Allowable:
-2.. \ ^ -:g
Swimming Pool:
Other:
MISCELLANEOUS
Was a request to "Determine Applicability of the Wetland Protection Act" filed with the Nantucket ConserviltionCommittee? YES _NO
If answered YES. include "Order of Conditions" with application.
What date was the "Order of Conditions" filed with the Registry of Deeds?
'v
Is the property located within a Flood Hazard District? YES
Was a Variance or Special Permit granted by the Board of Appeals? YES
NO
v
NO
V"
If answered YES what date was the decision filed with the Town Clerk?
FOR BUILDING DEPARTMENT USE ONLY
Minimum Lot Size: l u \ Dt) 'b
\~
"'U)
\~ U '~Ot uC;
Frontage on Street:
Side and Rear Setback: .
'La
\0
Ground Cover Ratio:
Front Yard:
Additional Comments:
\.\t.i\f.
r~1 Lh::'
~~Dt'-o
4 '"'( i.C AIL
~1&f\.:)7 ~, 1Jj'tU:1
.t ~
iF
~~
APPROVED BY: '-->--...-..,
DATE:
(.-Z~-<B \
Zoning Officer
5. IDENTIFICATION - To be completed by aff applicants
Name
Mailing address - Number, street, city,and State
Zipe Code
Tel. No.
1.
Owner or
Lessee
2.
Contractor
G..,..
~-
Builder's
License No.
3.
Architect or
Engineer
I hereby certify that the proposed work is authorized by the owner of record and that I have been authorized by the owner to make this
application as his authorized agent and we agree to conform to all applicable laws of this jurisdiction.
Address
.6. PLAN REVIEW RECORD - For Office Use , ~(;s1l-M-"""T ~6.
Plans Review Required Check gate. PI~ul;:) 2,uomltted Date Plans Approved by Notes
BUILDING V
PLUMBING
ELECTRICAL V
SEWER \ ........ 4..fh~ ~-r'"' ..",~ fJ, ." C;
,
SEPTIC .)
HISTORIC DISTRICT COMMISSION V i.cC4"Z- \ -4;.-~1
CONSERVATION COMMISSION
BOARD OF APPEALS
OVER-THE-ROAD (Board of Selectmen)
RELEASE FORM (Planning Board)
SECONDARY DWELLING APPROVAL (Planning Board)
FIRE CHIEF
-
.7. VALIDATION
Building
Permit' number
I') ys-- t /
FOR DEPARTMENT USE ONLY
Live Loading
~-4-
l
l\-()
Building
Permit issued
'r- ~ iYW4-12:'1 ''L'f)
Use Group
19~\
fire Grading
Date of
Reissuance
1.
2.
Occupancy Load
Building
Permit Fee
$
w~
Date of I ssuance of
Certificate of Occupancy
Building Inspector
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--
Town of Nantucket
PHILameKANo AVE.RYUP
. ,P.O. BOX 148_
lERO MArN STREET, 2ND FLOOR
NANTUCKET, MA 02554 -
(!}~/o~)'
. -
ZONING BOARD OFAPPEALS
LIST OF PARTIES IN INTEREST IN THE MAITER OF THE PETITION OF
P ROPE~ TY 0 WN ER.,.L~N. ..&l.l!..tI. ~ ./.7JU!.~.. t lJI.l1m.~ b St w IV!~ 7iUI J Te'lZ
M A I LrN GAD DRESS.. .L/."7inn ftfJ.. f(j I.JY.: .. .WIt6t.~Uft. . . .1J1.A-. . ~~1- r
PROPERTY LOCATION...~.. ~.~.. .(4).!.~..........................
ASSESSORS MAP/PARCEL. ._.... .lll!!.'-..6. .71.f.~.. /l?-:-:..........
APPLICANT....... .7YJf.r..~7Hf...IJJ.:. ..~€fJ?(.M?.............................
SEE AITACHED PAGES
I cenify that the foregoing is a list of persons who are owners of abutting propertY,-owners of
land directly opposite on any public or private street:or way; and abutters of the abutters arid 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 139.
Section 139.290 (2)
V:f.e.f:..I2t...,oarY/
/).. tlJ/JJ
.~......~...
DATE
-
ASSESSOR'S OFF.ICE
Town of Nantucket
~ ~ ~ ~ ~ ~ ~ ~ ~
R
~ 22~2222~:55222
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