HomeMy WebLinkAbout025-07
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: April 30,2007
To: Parties in Interest and. Others concerned with the Decision of
the BOARD OF APPEALS in the Application of the following: d
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Application No.: 025-07
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Owner/Applicant: JAMES AND MONIQUE L. HARRINGTON
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Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with 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 a
cqmplaint in Land 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.
~.~
Nancy J.
cc: Town Clerk
Planning Board
Building Commissioner/Zoning Enforcement Officer
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT
AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING
BY-LAW SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32
(VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD
OF APPEALS OFFICE AT 508-228-7215.
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 55
Parcel 459
Residential-l 0
14 MacLean Lane
Plan File 9-B, Lot 20
Deed Ref. 505/7
At a Public Hearing ofthe Nantucket Zoning Board of Appeals held at 12:00
P.M., Friday, April 13, 2007, in the Conference Room, 2 Fairgrounds Road, Nantucket,
Massachusetts, on the Application of JAMES AND MONIQUE L. HARRINGTON, of
33 Tashama Lane, Nantucket, MA 02554, Board of Appeals File No. 025-07, the Board
made the following Decision:
1. Applicants are seeking relief by VARIANCE pursuant to Nantucket Zoning By-
law Section 139-7 A(2)(b) to validate a scalar separation between a primary and proposed
secondary dwelling of less than the required 12 feet. Applicants propose to convert an
existing studio structure into a secondary dwelling. The lot also contains Applicants'
primary dwelling. The finished walls of the two structures are sited 12 feet apart.
However, an existing set of entry stairs on the studio and a bulkhead entrance into the
basement of the primary dwelling are situated about seven feet apart. The locus is
conforming in all other respects and all required parking would be provided on site.
Similar relief was granted to the Applicants in the Decision in BOA File No. 075-02 but
was not exercised within the one-year time period allowed for variance relief to be
utilized in this case. Applicants are seeking a re-issuance of said relief.
The Premises is located at 33 TASHAMA LANE, Assessor's Map 55, Parcel
459, Plan File 9B, Lot 20. The property is zoned Residential-10.
2. The Decision is based upon the Application and materials submitted with it and
the testimony and evidence presented at the hearing. The Planning Board made no
recommendation as the matter was not of planning concern. Other than the presentation
by the Applicants, there was no public comment in support or in opposition at the hearing
and no letters on file.
3. Applicants represented that they wished to convert the existing studio structure
into use as a secondary dwelling to help them with their financial situation due to an
expanding young family. The studio is situated about seven feet from the primary single-
family dwelling rather than the required scalar separation of 12 feet. The structures do
meet the required 20% differential between primary and secondary dwellings. However,
Applicants stated that the finished vertical walls of the two structures met the required
l2-foot scalar separation. However, the existing at grade bulk head basement entrance on
the primary dwelling and the entrance porch of the studio were located as close as about
seven feet. Due to the present locations of the existing structures, the configuration of the
Locus and the need to meet the side yard setback requirements, there would be no
possibility of relocating the structures further away from each other and any such move
would be cost prohibitive to the Applicants. Applicants also stated that given the interior
configuration of the two structures, moving the bulkhead entrance and front entrance
stoop ofthe proposed cottage to other areas would also be difficult. Applicants also
represented that if a literal enforcement ofthe provisions of the Zoning By-law were
imposed, the family would certainly suffer undue financial hardship. The required
parking for both dwellings would continue to be provided on site. Applicants stated that
they had not exercised the original Variance in the Decision in BOA File No. 075-02 as
the Planning Board had required that they put in aprons on both access points as a
condition of their secondary dwelling approval and they could not afford to do so until
recently. In the intervening time, the Board of Appeals relief expired.
4. Therefore, based upon the foregoing, the Board finds that the proposed
conversion ofthe studio to a secondary dwelling would not be substantially more
detrimental to the neighborhood and would not nullify or substantially derogate from the
intent or purpose of the Zoning By-law. The Board further finds that there would be little
impact upon this thickly settled neighborhood. The facts on the ground would not change,
as there would be no alteration of the footprint of the cottage as part of the conversion
and the actual vertical walls ofthe structures met the 12-foot scalar separation
requirement. In addition, the Board specifically finds that owing to circumstances relating
to the topography of the structures, and especially affecting the Locus and structures, but
not affecting generally the zoning district in which it is located, a literal enforcement of
the provisions of this Zoning By-law would involve substantial hardship, financial or
otherwise, to the Applicants.
5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested relief
by VARIANCE under Nantucket Zoning By-Law Section 139-7A(2)(b) to allow the
conversion of the studio structure into use as a secondary dwelling with a scalar
separation of about seven feet upon the following conditions:
a. There shall be no expansion of the footprint of the studio or alterations of
the use without further relief from this Board;
b. The siting of the structure shall be in substantial conformance with the site
plan done by Charles W. Hart, dated November 20,2001, marked as
Exhibit A, a reduced copy of which is attached hereto; and
c. There shall be no further encroachment into the 12- foot scalar separation
area; but the relief herein granted would not prohibit other conforming
improvements being made to the Lot, such as expansion of the primary
dwelling and/or a shed in the westerly section ofthe Locus, and such
conforming improvements would not require the Applicants to seek
further relief from this Board.
Dated: April~, 2007
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BUILDING. LOCATION PLAN
OF LAND IN
NANTUCKET,' MASS.
SCALE: 1"=30 I DATE:/YOV.Zq~COI
Owner:--/;;WC:.s. ~ #O/.l'l.'Q~ ~'~4~;Y~7:-ot/
Deed: ,.(3,1:' s:o.s: 8f,. 7. . Pion /.i<. .9.6: ~-<O
Locus. ..::3;:::r . ~.$:V,4U .44.Iv.'.e:: . .
CHARLES W. HART & ASSOCIATES, Inc.
SANFORD BOAT Bun.nING
49 SPARKs AVENUE
NANTUCKET; MASS. 02554
NOT TO BE RECORDED. (508) 228-8910 H.,..587'/
PROFESSIONAL lAND SURVEYOR
THIS PLOT PLAN WAS PREPARED FOR THE TOWN
OF NANTUCKET BUILDING DEPARTMENT ONLY AND
SHOULD NOT BE CONSIDERED A PROPERlY UNE
SURVEY. THIS PLAN SHOULD NOTSE USED TO
ESTABUSH PROPERTY UNES, FENCES, HEDGES, OR
ANY ANCILlARY STRUCTURES ON THE PREMISES.
THE PROPERTY UNES SHOWN RELY ON CURRENT
DEEDS AND PlANS Of RECORD.
THIS PLOT PLAN IS NOT A CERTIF1CATION AS TO
TITLE OR OWNERSHIP OF THE PROPERlY SHOWN.
OWNERS Of ADJOINING PROPERTIES ARE SHOWN
ACCORDING TO CURRENT ASSESSOR RECORDS.
ASSESSOR MAP: . . -9:-S:'. PARCEL: . 7,/0.
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
2 FAIRGROUNDS ROAD
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1:00
P.M.. FRIDAY. APRIL 13.2007. in the Conference Room, 2 FAIRGROUNDS ROAD,
Nantucket, MA, on the Application of the following:
JAMES AND MONIQUE L. HARRINGTON
BOARD OF APPEALS FILE NO. 025-07
Applicants are seeking relief by VARIANCE pursuant to Nantucket Zoning By-law Section
139-7A(2)(b) to validate a scalar separation between a primary and proposed secondary dwelling of
less than the required 12 feet. Applicants propose to convert an existing studio structure into a
secondary dwelling. The lot also contains Applicants' primary dwelling. The finished walls of the
two structures are sited 12 feet apart. However, an existing set of entry stairs on the studio and a
bulkhead entrance into the basement of the primary dwelling are situated about seven feet apart. The
locus is conforming in all other respects and all required parking would be provided on site. Similar
reliefwas granted to the Applicants in the Decision in BOA File No. 075-02 but was not exercised
within the one-year time period allowed for variance relief to be utilized in this case. Applicants are
seeking a re-issuance of said relief.
The Premises is located at 33 TASHAMA LANE, Assessor's Map 55, Parcel 459, Plan File
9B, Lot 20. The property is zoned Residential-l O.
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Nancy J. sevrens'fairman
TillS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER
INFORMATION.
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FEEtj300.00
NANTUCKEt ZONING BOARD OF APPEALS
" " 1 ~AST CHESTNUT STREET
NANTUCKET, MA 02554
APPLICATION FOR RELIEF
CASE NO.OJsr--q>
Owner'. name(.), ~8 ~~ ~~ I~ L. = ~
21:allin!t~'!':~_~, : _ -lJ'() - n~L 'uOl\"I-r__;=l ~.f-l cJ 2':-St
- Applicant's name(s): (.['QYrt? ') _ .
Mailing address:, CXo..tfY'Q),
. Locus'address: 33 TC 0 Assessor'~'MaplParcel: s-c:! tfS1_
Land Court PlanlPlan Book & Pa elPlan File NQ : C{-B -. . Lot No.:,j(1 .
Date lot acquired:_I_/.Tf Deed Ref./Cert. of Title: - S- () i<::' /7 Zoning District: . t:. --10 _
-. I .
,Uses on Lot- Commercial: None )(-Yes (describe)
ReSidential: Number of dwellings~ Duplex----.:Apartments_Rental Rooms
. Btdtding Date(s): All pre-date 7/721 - or t C[qc-~aJeo_:-t-~l> ~b C OfO(s)'l- V
Building Permit Nos:
Previous Zoning Board Application Nos.: t'J ) r -02-
- State below or on a separate addendum specific reli~f sought (Special Permit, Variance, Appeal), Section- of
the Zoning By.;.law, and supporting details, gr:oundsfor grant of relief, listing any existing nonconformities:
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I certify that the information contained herein is substantially complete and true toihe best of my
knowledge, nnder the pains and penalties ofperjnry. . ~
SIGNATURE, ()~ xl~ .. . . Applicant . Atlorney/Agent
(If not owner or owner's attorney, ple~se enclose proQ of agency to bring this matter before the Board)
. FOR iFICE USE . ~ .
Application received onK3 1f!J.J(22 By:. Complete: t-/ Need copies?:
Filed 'with T vn Clerk nnin B B .
Fee deposite reasurer l'?!lItf[By: ai:ifequested?:__Granted:_I_i_
Hearing notice posted with Town ClerId~/~aile8-/~fY) I&~3,/!JlJtf) & .!:ifSl!Zl
Hearing(s) held on:_I_I_-Opened on:_I_I_ Continued to:~_I_ Withdrawn?:_I_I_
DECISION DUE BY: I I MIIr1p' I JfllArl Ulrrl\UfH PI"..'.. llLJL.1
ADDENDUM
Applicants are seeking relief by variance pursuant to Nantucket Zoning By-law Section
139-7 A(2)(b) to validate the scalar separation between the primary and proposed
secondary dwelling ofless than the required 12 feet. Applicants propose to convert an
existing studio structure on a lot that also contains Applicants' primary dwelling, to use
as secondary dwelling. The 20% differential requirement would be met and all other
dimensional requirements are met. The finished walls of the two structures are sited 12
feet apart but the intervening bulkhead on the primary dwelling and front stoop of the
studio are sited within that required area at about seven feet apart.
Applicants received ZBA approval for similar relief in the Decision in BOA File No.
075-02 to validate the subminimum scalar separation but due to family circumstances
was not able to start the project by pulling a building permit within the one year envelope
to activate the relief in said Decision. Applicants are asking the Board to reissue the
previous relief. There is no change in the scope of the project from what was previously
approved.
Town of Nantucket Web GIS - Printable Map
Page 1 of2
Town of Nantucket Web GIS
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Sale Date
Sale Price
Book/Page
Lot Size
55 459
33 TASHAMA LN
HARRINGTON JAMES &
MONIQUE L
33 TASHAMA LN
NANTUCKET, MA 02554
OS/23/1996
$0
00505/0007
0.3 acres
NOT A LEGAL DOCUMENT
a
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
DJs.claimer 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
Page I of2
Town of Nantucket Web GIS
Sale Date
Sale Price
Book/Page
Lot Size
55 459
33 TASHAMA LN
HARRINGTON JAMES &
MONIQUE L
33 TASHAMA LN
NANTUCKET, MA 02554
OS/23/1996
$0
00505/0007
0.3 acres
.
Prop ID
Address
Owner
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.
C>js~liljm~ 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.
Ail information is from the Town of Nantucket
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Town of Nantucket, Mass
Map Composed
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BUILDING LOCATION PLAN
()F' I ANn IN
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSEITS 02554
Da te : D~ CQ'n1 b-0t It
, 2002--
To: Parties in Interest and, Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
foJ.lowing:
Application No.: C) JS-02-
'owner/Applicant, 3(')JY)'1f: s. () vvQ mCJrl/3 W
No flrl h~'io()
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 ~139-30I (SPECIAL PERMITS); ~139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET ZONING BOARD OF APPEALS
1 East Chestnut Street
Nantucket, Massachusetts 02554
Assessor's Map 55
Parcel 459
R-I0
14 MacLean Lane
Plan File 9-B, Lot 20
Deed Ref. 505/7
At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M.,
Friday, November 15, 2002, in the Conference Room, Town Annex Building, 37
Washington Street, Nantucket, Massachusetts, on the Application of JAMES AND
MONIQUE HARRINGTON, of33 Tashama Lane, Nantucket, MA 02554, Board of
Appeals File No. 075-02, the Board made the following Decision:
1. Applicants are seeking relief by V ARlANCE under Nantucket Zoning Bylaw
Section 139-7 A(2)(b) to validate a scalar separation between the primary and proposed
secondary dwelling of less than the required 12 feet. Applicants propose to alter an
existing studio structure by converting the use to a secondary dwelling. The structures are
situated about seven feet apart rather than 12 feet as required for the scalar separation
between primary and secondary dwelling units. All parking will be provided on the Lot
and the Locus is conforming in all other respects.
The Premises is located at 33 TASHAMA LANE, Assessor's Map 55, Parcel 459,
Plan File 9-B, Lot 20, The property is zoned Residential-l0.
2. The Decision is based upon the Application and materials submitted with it and
the testimony and evidence presented at the hearings. The Planning Board made no
recommendation as the matter was not of planning concern. There was one letter on file
in opposition from an abutter expressing concern about increased traffic. There was also a
letter on file from the Chief of the Nantucket Fire Department dated October 15,2002. It
stated that he had inspected the Locus for safety concerns and in his opinion the siting did
"not constitute a combustible situation". He further stated that the waiver should be
granted,
3. Applicants represented that they wished to convert the existing studio structure
into use as a year-round single-family dwelling to help them with their financial situation
due to an expanding young family. The studio is situated about seven feet from the
primary single-family dwelling rather than the required scalar separation of 12 feet,
However, Applicants pointed out that the finish walls of the two structures are 12 feet
apart and that the existing bulk head basement entrance on the primary dwelling and the
entrance porch of the studio are only seven feet apart, Due to the present locations of the
existing structures and the size of the Locus, there is no possibility of moving the
structures further away from each other. Applicants also represented that to do so would
be cost prohibitive for them and would constitute an undue financial burden. Two
parking spaces would be provided on site,
4, Therefore, based upon the foregoing, the Board finds that the proposed
conversion of the studio to a secondary dwelling would not be substantially more
detrimental to the neighborhood and would not nullify or substantially derogate from the
intent or purpose of the By-Law. The Board further finds that there would be little
impact upon this thickly settled neighborhood, especially in light of the letter from the
Chief of the Nantucket Fire Department as noted above. The facts on the ground would
not change, as there would be no alteration of the footprint as part of the conversion. In
addition, the Board specifically finds that owing to circumstances relating to the
topography of the structures, and especially affecting the Locus and structures, but not
affecting generally the zoning district in which it is located, a literal enforcement of the
provisions of this Zoning By-Law would involve substantial hardship, financial or
otherwise, to the Applicants.
5. Accordingly, by a unanimous vote, the Board GRANTS the requested relief by
VARIANCE under Nantucket Zoning By-Law Section 139-7A(2)(b) to allow the
conversion of the studio structure into use as a secondary dwelling with a scalar
separation of about seven feet upon the following conditions:
a. There shall be no expansion of the footprint of the studio or alterations of
the use without further relief from this Board;
b, The siting of the structure shall be in substantial conformance with the site
plan done by Charles W. Hart, dated November 20,2001, marked as Exhibit A, a reduced
copy of which is attached hereto; and
c. There shall be no further encroachment into the 12-foot scalar separation
area, but would not prohibit other conforming improvements to the Lot, such as a shed in
the westerly comer of the Locus without furth[e1ief from this Board.
Dated: December II ,2002 1 (1, ~1 .\t C'~
Nancy 1. Sevrens
~~\ ~~)cJ~
Dale W. Wai~l
C, Richard L
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1 CERTIfY, AS OF i;., .I.(j?;'p;-r;;{. , THAT
THE BUILQIN~(S)'IS/ARE L6~Tro ON THE
GROUND AS-SH..QWN. ,,~ER..' EO.. ~;//
~b~
PROFESSIONAL lAND SURVEYOR
BUILDING LOCATION PLAN
OF LAND IN
NANTUCKET,. MASS.
SCALE: 1""'.30/ DATE:/lIOV-'Zq..eCX:V
Owner:'-I~.s. ~ ..1fO.l,l'l.'Q~~.~~,f'~T."O~
Deed: ,(5',.f,' .5:0.s: ,;:ff.. 7.. Plon.-5<..9.6: ~ ~O
Locus . .0';:$ . ~~~ .LAIv.'-e: . .
CHARLES W. HART & ASSOCIATES, Inc.
SANFORD BOAT BUD..DING
49 SPARKS AVENUE
NANTUCKET, MASS. 02554
(508) 228-8910 H- rac:J,/
NOr:r.O BE RECORDED. '::'>0/.
THIS PLOT PlAN WAS PREPARED FOR THE TOWN
OF NANTUCKET BUILDING DEPARTMENT ONLY AND
SHOULD NOT BE CONSIDERED A PROPERTY LINE
SURVEY. THIS PlAN SHOULD NOT BE USED TO
ESTABUSH PROPERTY LINES, FENCES, HEDGES. OR
ANY ANCILlARY STRUC1URES ON THE PREMISES.
THE PROPERTY LINES SHOWN RELY ON CURRENT
DEEDS AND PlANS OF RECORD.
THIS PLOT PlAN IS -NOT A CERTIFICATION AS TO
T1TLE OR OWNERSHIP OF THE 'PROPER1Y SHOWN.
OWNERS OF ADJOINING PROPERTIES ARE SHOWN
ACCORDING TO CURRENT ASSESSOR RECORDS.
ASSESSOR MAP: .;;-:...:5:. ,PARCEL: . ?"'0.
C'\~i?R~cW~8l~,
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FiECEIVED
BOARD ASSESSORS
rvlAK 0 G 2007
TOWN OF
NJU\iTUCKf.::T, MA
Town of Nantucket
Zoning Board of Appeals
LIST OF PARTIES IN INTEREST IN THE MA ITER OF THE PETITION OF:
/J .,
PROPERTY OWNER........~..:7J~~..................
MAILING ADDRESS........................... 77"................................. '7.......
PROPERTY LOCATION.... ...~.;?.. J~t2../... .~~
ASSESSOR MAPIP ARCEL...... .5. ~.....7:. ~?.....................................
APPLICANT............~.....f1a!tb~~......................
SEE ATTACHED 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)
0:rI/l, ~ J. aLl 7
DATE
!?~~ a~
ASSESSOR'S OFFICE
Town of Nantucket
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