HomeMy WebLinkAbout081-07
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 ofthe NANTUCKET ZONING BOARD OF APPEALS will be held at 1:00
P.M.. FRIDAY. SEPTEMBER 14. 2007. in the Conference Room, 2 FAIRGROUNDS ROAD,
Nantucket, MA, on the Application of the following:
JUDITH F. ROWE
BOARD OF APPEALS FILE NO. 081-07
, 'J
Applicant is seeking MODIFICA nON of the SPECIAL PERMIT relief granted in tpe
Decision in BOA File No. 071-04, that granted relief pursuant to Nantucket Zoning By-law'Section
,. .1
139-33A (alteration/expansion of a pre-existing nonconforming structure/use) to demolishjJnd "
rebuild on approximately the same footprint, an about 162 SF portion of the existing rear "el" of her
single-family dwelling in order to increase the interiorliving space. The new addition increased the
existing ground cover by about 49 SF for a total ground cover of about 869 SF, less than the
maximum ground cover allowed on the Lot of 871.5 SF. The roof ridge was raised from about 13'2"
feet to about 14' 10" feet, and no portion of the structure came any closer to the westerly side yard lot
line than the existing structure. Applicant now proposes to modify Conditions "c", "d" and "e" in
Paragraph 5 to allow the reconstructed rear el to be used as an attached separate dwelling unit.
Applicant also seeks relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section
139-18 to waive the one parking space required for the second dwelling unit. The Locus is
nonconforming as to westerly side yard setback with the structure being sited as close as about 0.6
feet from that lot line, in a district that requires a minimum side yard setback of five feet; as to front
yard setback with the structure being sited as close as about one foot from the front yard lot line,
with the main body of the house being sited as close as about 4.4 feet, in a district that requires a
minimum front yard setback of ten feet; as to lot size with the Lot containing about 2,905 square feet
of area in a district that requires a minimum lot size of 5,000 square feet; as to frontage with the Lot
containing about 36.63 feet of frontage along York Street, in a district that requires a minimum
frontage of 50 feet; and as to parking with no parking provided on site.
The Premises is located at 36 YORK STREET, Assessor's Map 55.4.1, Parcel 103, Plan
Book 22, Page 120. The property is zoned Residential-I.
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THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER
INFORMATION.
NANTUCKET ZONING BOARD OF APPEALS
2 FAIRGROUNDS ROAD
NANTUCKET, MASSACHUSETTS 02554
CASE NO. 08'( r-U)
FEE: $300.00
APPLICATION FOR RELIEF
Owner's name(s): Judith F. Rowe
Mailing address: C/O Vaughan, Dale and Hunter, P.C., POB 659, Nantucket, MA 02554
Applicant's name(s): Same
Mailing address: C/O Vaughan, Dale and Hunter, P.C., POB 659, Nantucket, MA 02554
Locus address: 36 York Street Assessor's Map/Parcel: 55.4.11103
Land Court Plan/Plan Book & Page/Plan File No.: Book of Plans 22, Page120 Lot No.:
Date lot acquired: 9/17/84 Deed Ref.: Book 218, Page 260 Zoning District: R-l
Uses on Lot- Commercial: NO If Yes (describe)
Residential: Number of dwellings: 0
Building Date(s): All pre-date 7/72? Yes or
Building Permit Nos:
Previous Zoning Board Application Nos.: File No. 071-04
State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of
the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities:
C ofO(s) Yes
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The Applicant, Judith F. Rowe, requests a Modification to a Special Permit pursuant to Sections 139-29 E (2)
(Zoning Board of Appeals; Board of Appeals powers) of the Nantucket Zoning By-law. Applicant is seeking a Modification
of the Decision in the Matter of Judith F. Rowe, BOA File # 071-04, specifically Paragraph 5 (c ),( d) and (e) thereof, to allow
the rear el of the dwelling structure located at 36 York Street to be used as a dwelling unit. Applicant also seeks a Special
Permit waiving the off-street parking requirements of Section 139-18 A (Off-street parking requirements) pursuant to
Section 139-18 B (2) (Relief from parking requirements) of the Nantucket Zoning By-law to the extent such Waiver may be
found to be required.
I certify that the inform
knowledge, under the pa
PLEASE SEE ADDENDUM, ATTACHED HERETO
ned herein is substantially complete and true to the best of my
alties of perjury.
SIGNATURE: Applicant Attorney/Agent X
(If not owner or owner's , please enclose roof of agency to bring this matter before the Board)
Application received on: P7_ $y: ~ ~ A O~~~~~E ~PieS?:
Filed with Town Clerk: g- 6 t(t)~lllBBing ~~:Id;_/_j_ Ruildillg n"pt '_1_1_ ~
Fee deposited with Town Treasnrerg- 13 (el BiltZ- Wniver reqnested?:_ Granted: '---1_
Hearing notice posted with Town Clerk: Ji"'tlLdl Mailed:? ff (12i. I&M:e1.12@& Z G~
Hearing(s) held on:_l--.I_ Opened on:-.1_I_ Continued to:--.I--.I_ Withdrawn?:--.I_I_
DECISION DUE BY:_I-.1_ Made:_I_I_ Filed wffown Clerk:-.1--.1_ Mailed:--.I--.I_
DECISION APPEALED?:-.1-.1_ SUPERIOR COURT: LAND COURT Form 4/03/03
ADDENDUM
Applicant, Judith F. Rowe, requests a Modification to a Special Permit pursuant
to Section 139-29 E (2) (Zoning Board of Appeals; Board of Appeals powers) ofthe
Nantucket Zoning By-law. Applicant is seeking a Modification of the Decision in the
Matter of Judith F Rowe, BOA File # 071-04, specifically Paragraph 5 (c ), (d) and ( e)
thereof, to allow the rear "el" of the dwelling structure located at 36 York Street to be
used as a dwelling unit. Applicant also seeks a Special Permit waiving the off-street
parking requirements of Section 139-18 A (Off-street parking requirements) pursuant to
Section 139-18 B (2) (Relief from parking requirements) of the Nantucket Zoning By-law
to the extent such Waiver may be found to be required. The property is located at 36
York Street, ("hereinafter the Premises").
The Premises is located in the Residential-l Zoning District. The Premises does
not conform to the dimensional requirements of Nantucket Zoning By-law. The lot is
comprised of 2905+/- square feet ofland in a zoning district with a minimum lot size
requirement of 5000 square feet. The one story wood frame structure thereon does not
conform to the front and sideyard setback requirements of the zoning district, being 0.3 '
+/_ from the side western property line at its closest point in a zoning district that requires
a 5 foot sideyard setback, and being 4.2' +/- from the front property line in a zoning
district with a 10' front yard setback requirement.
In Board of Appeals File No. 071-04, Applicant was granted relief to renovate a
pre-existing, nonconforming two family dwelling upon the condition that the secondary
dwelling is replaced with a Studio for the personal use of the Applicant and that the rear
"el" not be used again as a Dwelling Unit without further relief from the Zoning Board of
Appeals.
Applicant now seeks to a Modification in the Decision in the Matter of Judith F
Rowe, BOA File # 071-04, specifically Paragraph 5 ( c), (d) and ( e) thereof, to allow the
rear "el" of the dwelling structure located to be used as a Dwelling Unit.
Additionally, to the extent required, Applicant seeks a Special Permit waiving the
off-street parking requirements of Section 139-18 A (Off-street parking requirements)
pursuant to Section 139-18 B (2) (Relief from parking requirements). The Board found
in its decision, cited above that, "... the (Premises) was grandfathered as to lack of
parking as no parking had historically been provided on site, which was verified by
aerials." Paragravh 3. Decision in the Matter of Judith F Rowe, BOA File # 071-04.
1
Applicant's request is meritorious and the relief requested may be granted without
derogating from the health, safety, convenience, morals and general welfare of the
inhabitants of neither the Town of Nantucket nor the Purpose of the By-Law.
The Applicant respectfully requests that the Board grant it the requested
Modification and to the extent it may deem necessary, the Special Permit waiving the
requirement of off-street parking.
2
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Prop ID
Address
Owner
Sale Date
Sale Price
Book/Page
Lot Size
55.4.1 103
36 YORK ST
ROWE JUDITH F
439 SHAWMUT AVE #4
BOSTON, MA 2118
09/17/1984
$145,000
00218/260
0.07 acres
NOT A LEGAL DOCUMENT
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For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
DisclaJmer 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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Page 1 of2
Town of Nantucket Web GIS
Prop ID
Address
Owner
55.4.1 103
36 YORK ST
ROWE JUDITH F
439 SHAWMUT AVE #4
BOSTON, MA 2118
09/17/1984
$145,000
00218/260
0.07 acres
NOT A LEGAL DOCUMENT
o
Sale Date
Sale Price
Book/Page
Lot Size
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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55.4.1-50
N/F
JOYCE L. HOWAR-TR
(#38 YORK STREET)
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WENDY D. &-
JAMES SCOTT DOUGLAS
(;'34 YORK STREET)
Dd.Bk.673 Pg.3
N.B.-333 49
COPYRIGHT BY NANTUCKET SURVEYORS
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AS-BUILT PLOT PLAN
#36 YORK STREET
IN
NANTUCKET, MASSACHUSETTS
SCALE: 1"=20' DATE: 8/01/07
DEED REFERENCE: Dd.Bk.218 PG.260
PLAN REFERENCE: PL.BK.22 PG.120
ASSESSOR'S REFERENCE:
MAP: 55.4.1 PARCEL: 103
PREP AREb FOR:
JUDITH F. ROWE
NANTUCKET SURVEYORS LLC
5 WINDY WAY
NANTUCKET, MA. 02554
LLC. N-8208
55.4.1-49
N/F
KA THLEEN A. CONWA Y
(#1 w. YORK STREET)
Dd.Bk.863 Pg.167
THIS PLAN REFLECTS AS-BUlL T CONDITIONS
AS OF 8/1/2007 SITE IS CURRENn. y
UNDER CONSTRUCTlON
CURRENT ZONING: R-1
MINIMUM LOT SIZE: 5,000 Sq. Ft.
MINIMUM FRONTAGE: 50 Ft.
FRONTYARD SETBACK: 10 Ft.
SIDE AND REAR SETBACK: 5 Ft.
ALLOWABLE G.C.R.: 30%
EXISTING G.C.R.: 29.5% :f:
NOTES:
1) LOT DOES NOT CONFORM TO CURRENT AREA
AND FRONTAGE REQUIREMENTS AND THE BUILDING
DOES NOT CONFORM TO FRONT AND SIDEYARD REQUIREMENTS
.SEE SPECIAL PERMIT FROM ZBA C DDBK.931/PG.334
FOR PROPERTY UNE DETERMINA l10N THIS PLOT PLAN
REUES ON CURRENT DEEDS AND PLANS OF RECORD,
VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON.
THIS PLAN IS NOT REPRESENTED TO BE A l1TlE
EXAMINA l10N OR A RECORDABLE SURVEY.
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by Welt York Street, 36.63 feet;
by land of Alice S. and John Gobo, '3.15 f.et;
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Town of Nantucket Web GIS - Printable Map
Page 1 of2
Town of Nantucket Web GIS
Prop ID
Address
Sale Date
Sale Price
Book/Page
Lot Size
55.4.1 103
36 YORK ST
09/17/1984
$145,000
00218/ 260
0.07 acres
NOT A LEGAL DOCUMENT
C)
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
Oi~cli;limer The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only. The
Town of Nantucket does not guarantee the
accuracy of the data, Users are responsible for
determining the sUitability for individual needs.
All information is from the Town of Nantucket
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BOOK 931 PAGE0334
, .
TOWN OF NANTUCKET
.BOARD OF APPEALS.
NANTUCKET, MASSACHUSETTS 02554
~
Date: ~~m~Y-2-, 20uf
To: Parties in Interest and. Others concerned with the
Decision of .the BOARD OF APPEALS in the Application of the
. following:
Application No.:
Owner/Appl.icant:
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Enclosed is th~ Decision of the BOARD OF APPEALS which has
this day been filed in the office of' the Nantucket Town
Clerk.
An Appeal ~rom this Decision may be taken pU~Su~t to
Section 17 of Chapter 40A, Massaohusetts General Laws.
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Any action appealing the Decision must be brought by
filing an complaint in court wtthin TWENTY (20) days after
this day's date.. Notice of the action with a copy of the.
complaint and certified copy of the Decision must be given
to the Town Clerk so as to be received v!'thin such TWENTY
(~) days. '
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BUilding Commis$foner
PLEASE NOTE: HOST SPECIAL PERMITS AND VARIANCES HAVE A TIME
LIMIT AND WILL EXPIRE IF NOT ACTED. UPON ACCORDING'TO NANTUCKET
ZONInG BY-LAW 1139-301 (SPECIAL PBRMITS), 6139-321 (VARIANCES) .
ANY QUESTIONS, PLBASE CALL THB NANTUCKET ZONING BOARD OF ~PEALS.
BOOK 931PAGE0335
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESlNUT STREET
NANTUCKET, MASSAClIDSETTS 02554
Assessors Map 55.4.1
Parcel 103
Residential-I
36 York Street
Plan Book 22, Page 120
Deed Ref 218fl60
At a Public Hearing of the Nantucket ZOning Board of Appeals, held at 1:00 P.M.,
Friday, November 19, 2004, in the COnference Room, Town Annex Building, 37
Washington Street, Nantucket, Massachusetts, on the Application of the JUDITH F.
ROWE, 439 Shawmut Avenue, Apt. 4, Boston, MA 02554, Board of Appeals File No.
071-04, the Board made the following Decision:
I. Applicant is sceIdog relief by SPECIAL PERMIT under Nantucket Zoning By-
law Section 139-33A (alterationle~11Sion of. pre-cxisting nonconforming
str'uctulWusc). Applicant proposes to deJooJish and rebuild on approximately the same
footpint, an about 162 SF portion of the existing rear el ofher single-fiuniIy dwelling in
ordec to increase the interior 1iving space. The new addition would increase the existing
groUDd cova' by about 49 SF for a total ground cover of about 869 SF, less than the
mAYinnun groUDd cover allowed on the Lot of871.5 SF. The roofridge would be raised
wm about 13 '2" feet to about 14'10" feet, but come no closer to the westerly side yard
lot line tban,the existiDg structure. The Locus is nonconforming as to westerly side yard
setbeck with the structure being sited as close as about 0.6 feet ftom that lot line, in a
district that requires a mininn.Jm side yard setback of five feet; as to front yard setback
with the structure being sited as close as about one foot wm the front yard lot line, with
the main body of the house being sited as close as about 4.4 feet, in a district that requires
a rriininmm fi'ont yard setback often feet; as to Jot size with the Lot contJII;n~ about
4905 square feet of area in a district that requires a minimum lot size of 5,000 square
feet; as to ftontage with the Lot containi11g about 36.63 feet of frontage along York
Street, in a district that requires a minimum fi'ontage of SO feet; and as to parking with no
parking provided on site.
The Premises is 10cated at 36 YORK STREET, Assessor's Map 55.4.1, Parcel
103, Plan Book 22, Page 120. The property is zoned Residential-I.
2. The Decision is based upon the Application and the materials submitted with it
and the testimony and evidence presented at the Hearing. The Planni'lgBoard made no
recommendation finding that the matter did not present any issues ofplannillg concern.
There were no letters on file in support or in opposition aDd no public comment at the
public hearing.
3. The Applicant, through her representative, stated that she was renovating the
existing structure, which consisted of a primary dwelling unit and an attached structure to
the rear that was reprc;scoted to have served as a secondary dwelling in the past with
minimAl kitchen facilities. As part of the overall renovation the Applicant would be
demoJishillg the rear el and reconstructing it substantially on the same footprint, no closer
to the westerly side yard lot line than the txisting eJ, and :further away than the closest
point of the remtlinillg portion of the structure. There would be an increase of ground
.
BOOK 931 PAGE0336
cover of about 49 square teet for a new ground cover total of about 869 square feet, less
than the maYimum allowed fur this lot of 871.5 square feet. The additional ground cover
would be added to the easterly side of the new addition and outside of the required five-
foot side yard setback area. ApplicaDt stated that the structure was grandfiIthered as to
location and was clearly visible on the 1938 and 1957 aeriaIs in the Town reconts in its
current location. As part of an overall renovation of the dwelling, the Applicant proposed
to expand and alter the height of the new addition compared to the current height,
increasing the roofridge height from about 13'2" to about 14'10". The minima) kitchen
facility would be removed and the stnIcture would be used as studio space. The existing
bathroom would remain and be renovated. The Applicant bad obtained Certificate of
Appropriateness No. 44,463 from the Nantucket Historic District Commission fur the
proposed reoovation, demolition and reconstruction. Applicant represented that the Lot
was grandfiIthered as to the Jack of parking as no parking bad historically been provided
on site, which was verified by the aerials.
4. Based upon the furegoing, the Board finds that the alteration and expansion of the
dwelling, with the demolition, recoDStruction and expansion of the rear el would be an
increase of the nonconformity within the setbeck area with the increase in height within
the westerly setback area and further finds that said increase and demolition and
. reconstruction within said setback area would not be subst81Jtially more detrimental to the
neighbomood than the existing nonconfurmity and have little impact. In addition, the
Board finds that a grant ofreIiefwould be consistent with other similar relief granted to
other property owners in the neighborhood
5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested
SPECIAL PERMIT reliefunder Nantucket Zoning By-law Section 139-33A, to allow the
renovation, demolition and reconstruction as proposed, based upon the following
conditions:
a. The proposed alterations of the rear el of the structure would be done in
substautiaI conformance with the Certificate of Appropiateness No. 44,463 issued by
the Nantucket Historic District CommiHinn, as may be amended from time to time;
b. There sball be no fintber construction in the side yard setback area without
further reIieffrom this Board;
c. The studio sbaII be fur the personal use of the Applicant or successors-in-
title to the property and not rented separately;
d. The rear el shall not be used as a dwelling unit or used fur human
habitation, without further relief from this Boant
e. The existing kitchen mcilities sbalI not replaced in the new addition
without further relief ftom this Board;
f The maximum ground cover on the Lot shall be 871.5, which is the
cumDly allowed maximum ground cover for this Lot, with the new.additional ground
cover to be constructed outside of the required setback areas;
g. The existing propane tanks that are currentIy located within the required
five-foot westerly side yard setback area sba1I be removed and relocated to a position so
as to confurm with setback requirements; and
.
BOOK 931 PAGE0337
h. The addition shall be located substantially as shown on the "Site PJan"
prepared mr the Historic District Commission submission by Nathan B. McMullen, the
project's designer, a reduced copy of which is attached hereto and marked as Exhibit A.
Mic
...... .
CLERK
I CD11FVm.,T20 DA 'VIllA \'! ~ AI'I1i.t
till hIlQSlON WAS PZLEO IN UtE OtlU OPntI
'IOWHQ"'AII)THATNO~IIAS"
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, DEC2S2M
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Nantucket Cou,Dty Received & Entered
Date:..IlEC....UlD.O Time: 10: lOAM
Attest: ~;t.~ Register of Deeds
End of
I.ttrument_____'
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VAUGHAN, DALE AND HUNTER
PROFESSIONAL CORPORATION
EDWARD FOLEY VAUGHAN
KEVIN F. DALE
WILLIAM F, HUNTER
ATTORNEYS AT LAW
WHALER'S LANE
P.O. Box 659
~ANTUCKET,}1ASSACHUSETTS02554
MARTIN JEFFREY STETINA
RICHARD P. BEAUDETTE
TEL: (508) 228.4455
FAX: (508) 228-3070
August 7, 2007
Linda Williams, Zoning Administrator
Nantucket Zoning Board of Appeals
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Re: MODIFICATION and SPECIAL PERMIT REQUEST
Judith F Rowe, 36 York Street;
Nantucket, Massachusetts
Dear Linda:
Enclosed herewith please find an application for zoning relief with supporting
documentation attached including two sets of mailing labels. Please note that three
duplicate counterparts accompany the original application. Please note that I have also
enclosed the filing fee required by the Town of Nantucket in the amount of $300.00. I
will provide with a site plan by NSI, Inc., by the beginning of next week.
The Applicant, Judith F. Rowe., seeks a Modification of the Decision in the
Matter of Judith F Rowe, BOA File # 071-04, and a Special Permit waiving the off-street
parking requirements of Section 139-18 A to the extent the board may find such Waiver
necessary .
Please mark this matter for hearing by the Nantucket Zoning Board of Appeals at
its September, 2007 meeting.
Thank you for your help in these ma Please feel free to call me should you
have questions.
WFH/
Enclosures
;fr 1 ' 00
~-------
-.'-~-_._~.- .
BoA Form
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
RECEIV~- 89
BOARD OF ASSESSORS
JULIO 2007
ASSESSOR1S LIST OF PARTIES IN INTEREST
TOWN OF
NANTUCKET, MA
PROPERTY OWNER:
-..J(Jt)\\:l:\ -:t=', R..~E
APPLICANT FOR RELIEF (SAME? ~) :
ADDRESS OF PROPERTY: S(n ~o\U:... ~
ASSESSOR1S MAP - PARCEL: ~ - --.1D?
LIST OF PARTIES INCLUDING ADDRESSES
*(OR SEE ATTACHED ~):
*
*
I certify that the foregoing (or the attached ) lists all persons,
natural or legal, 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 three hundred feet of the
~roperty line of Owner's propertYI as they (and their address) appear on
the most recent applicable tax list [per M.G.L. c.40A, Sll and Zoning Code
Chapter 139.' ~139-29D (2)] . A ." t?~
fk't It, Q2Ml .~~ . . 0
te ASsessor's Office.
Town of Nantucket
*NOTE: Applicant (Petitioner) should include with the lot for which zoning
relief is sought, any commonly-owned abutting lots which might become
involved in the zoning matter. List map and paicels for each abutter.
~\\ t\~
Submitted~y. Vau~an and Dale, P. C.
Date: -=tJ.D.b;-
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TOWN O~' NANTUCKET
BOARD OF APPEALS
NANTUCIffiT, MASSACHUSETTS 02554
Date:
November 1
, 2007
To: Parties in Interest and~Others concerned with the Decision of
the BOARD OF APPEALS in the Application of the following: ~ :AJ
Application No.:
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Owner/Applicant:
Judith Rowe
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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
complaint 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 TW~NTY (20) I dayS;
- b 'l}w/
..........r............... .....
Mi hael J~ O'Mara, Chairman
cc: rrown 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) 6 ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD
OF APPEALS OFFICE AT 508-228-7215.
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ZONING 130AI{D OF APPl~ALS
2 FAIRGROUNDS IZOAD
NANTUCI(ETf, MASSACI-IUSE1~1"'S 02554
Decision: M.odification (]ran.ted witll Conditions
Map 55.4.1
Parcel 103
Residential - 1
36 Y orl( Street
Plan Book 22, Page 120
Nantucket IZegistry of Deeds
1300k 218, Page 260
At a public hearing of the Nantucket Board. of Appeals l1eld at 1 :00 p.lll., l:<riday,
October 19, 2007, in the Conference ItOOlll of the Town of Nantucket Building, 2
r~~airgrounds Road, Nantuclcct, Massacl1usetts, 011 tIle Application of JUDITII ROWE,
CIO Vaugllan, Dale and lIunter, P.CA' POB 659, Nal1tucket, MA 02554, Board of
Appeals File No. 081-07, the BOAI~D 111ade tIle following Decisiol1:
. (1) Applicant is seekil1g reliefby MODIFICATION. of a previously gral1ted
Special Pern1it in tIle ])ecision in BOA l:iile No~ 071-04 under Nantucket Zoning By-law
Section 139-33 A (alteration/expansion of the pre-existing nonconfoflnil1g structure/use),
that allowed the den101ition and rebuild of a rear "el" of tIle existing two falnily structure
\vithil1 tIle setback area as well an additiol1 of 49 square fect of ground cover~ 1~11e
previously gral1ted special pern1it ilnposed C011ditions relative to the rear pre-existing
dwellil1g unit in tIle structure. These conditions lil11ited the rear of tIle structure to COl1tain
a studio not for l1u111an llabitation and required the applicant to rCl110ve tIle kitcllen in tIle
rear unit of the structure. The applicant seeks a 111odification of the previously granted
special perlnit to clin1inate tIle conditions relative to the studio/rear dwelling unit alld
allow the applical1t to re-establish and nlail1tain the previously existit1g second dwelling
unit in tIle rear "el" of tIle structure. III addition the applicant is seekil1g to confirln tIle
grandfathered status of the parking on the locus or to tIle extent necessary request a
waiver of tIle parkil1g rcquirelnents set fortI1 in Sectiol1 139-18 A (Off-street parking
requireluents) pursuant to Section 139-18 B (2) (Relieffroll1 parking requirements)~ l~he
Locus is nOl1conforlning as to lot size witl1 the Lot containing about 2,905 square feet of
lot area in a district that requires a ll1inin1ul11 of 5,000 square feet; as to front yard setback
Wit}l the structure being sited as close as about 4~4 feet fr0111 the lot line along Yark
Street; as to side yard setback vvith the saIne structure sited as close as about 0.6 feet frolll
the westerly side yard lot line, ill a district that requires a 111inilTIUl11 front yard setback of
ten (10) feet and a side yard setback of 'five (5) fect; and as to frontage wit11 the Lot
l1aving about 36.63 feet of frontage along York Street in a district that requires a
luini111ull1 frontage of 50 feet l'hc Locus is conforn1ing as to rear yard setback and
ground cover. l"'he Prenlises is located at 36 YORI( STRI~ET, Assessor's Map 55.4.1.,
Parcel 1.03, and s110wn in Plan Book 22, Page 120 at the N.antucket Registry of Deeds.
1"'hc property is zoned Rcsidential- 1.
(2) Our Decision is based upon the Application alld accolnpanying l11aterials,
and representations and testiIl10ny received at our public l1caring. ('fhe Planning Board.
Illade 110 reC01111TICl1datiol1, as tIle ll1atter did not present an.y issues of planning cancer11.
~rhcre vvcre no letters on file.
(3) Applicant~ through counsel, represellted that sh.e intends to COll1plete the
rellovation of the structure but wishes to eliluinatc tIle studio unit in tIle structure and re-
establish tIle second dwelling unit on t11e prO}Jcrty. 'rhe applicant's counsel represented
that tIle two dwelling units on the property l1ave existed on the locus since a tin1e prior to
the enactnlcnt of the 'N al1tucket Zoning B y-la\v and subn1ittcd an affidavit to that effect.
f"fhe applicant confirn1cd t11at tIle grandfathered status of the two dwelling units in the
structure 110 longer exists due to the elil11il1atioll of the rear dwelling unit by the
BOAI~D' S decision in BOA file l1ul11ber 071-04 recorded at tIle Nantucket Registry of
Deeds in Book 931, Page 335. TIle applical1t represented that SllC does not wisl1 to re-
establisl1 tIle grandfatllered nature of tIle second dwelling unit on tIle property but simply
seeks to re-establish the rear of the structure as a l1abitable dwelling unit pursuallt to the
Nantucket Zoning By-law.
:~
~rlle applicant also represented, througll counsel, that tIle parki11g 011 the prelnises
is gral1dfatllered as confirrned by the previollsly granted Special Pern1it. In addition; the
applicant has always parked l1er vehicle 011 the street in front of tIle prelnises. One
11cighl)or voiced his oppositiol1 to tile requested \vaiver of parking requirelnents al1d one
neigllbor voiced her support for such a waiver.
(4) 'rhereforc, based upon the foregoing, tIle BOAIZD finds that the proposed
MOD II:{ICA 1'ION of the Special Pern1i t relief to allow tIle rc-establishlncllt of the second
dwellillg unit in tIle rear of tIle structure, as proposed, will not be substantially 1110re
detrimental to tIle neigl1borhood than tIle existing nOllconforn1ities. In addition, tIle
Board fillds tl1at granting a wai vcr of one of tIle two required parkillg spaces pursuant to
Section 139-18 A of tIle By-law is in l1arlnony with the gelleral purpose al1d intent of tIle
By-law and it would not be physically practical for the applicant to provide tIle required
two l)arking spaces.
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(5) Accordingly, by UNANIMOUS vote, the BOARD GIZAN"rrS the
requested MODIFICArrrON oftl1e previous SPECIAL PERMIT No~ 071-04 to allow the
rear studio of the structure to be cOl1verted back to a second dwelling unit and GI~ANTS
the additional SPECIAL PERMIT under Nantucket Zoning By-law Section 13 9-18(B )(2)
waivil1g tile off street parking requiren1ent for one of the two required spaces, based upon
the following conditions:
a) rrhe existing and proposed alterations of the rear el of the structure
will be COl11pleted in substantial conforn1ance witll tIle Certificate
of Appropriateness No. 44,463 issued by tIle Nantucket I-listoric
District C0111111ission, as 111ay be al11ende'd [ran1 tin1C to tinle (071-
04 conditioll);
b) ~rhere sllall be no furtl1cr COllstruction in the side yard setback area
\vithout furtl1er relief frOll1 tl1is board (071-04 Condition);
c) 1"'hc InaxitnU111 ground cover on the l--tot shall be 871.5 square feet,
whicl1 is the currently allowed lnaxilnUln ground cover for this Lot,
with the new additional ground cover to be constructed outside of
tlle required setback areas (071-04 Condition);
d) '"rhe existing propane tanks that are currently located within the
required five foot westerly side yard setback area shall be rCl110ved
and relocated to a position so as to conforln witll the setback
requirelnents (071-04 Condition);
e) To tIle extel1t the two dwelling units on the property are l1eld in
separate ownership they s11all be subject to tIle Nantucket Housing
Need Covellant Progra111 set fortIl in tIle Nat1tllcket Zoning By-law
section 139-7; al1d
f) rrhe applicant will provide on-site parkiI1g for one vehicle.
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(ZBA 081-07)
Dated: NOVC111ber 1 ~ 2007
/
~~~~-..
ara
Dale Waine
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~ ~~ - ~~~-_..-
Burr Tupper
~.
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C 0 wI. M. 0 N W I~ A I..J ~r 11 () I? JVI. ASS A (: II U S I~ ]"\ ~r S
Nantucket, SS
Ylwf fAIliA/V )
, 2007
On the _.....L..____ day of llll1J1.i!4.lttlJ!, 2007, before me, the undersigned notary public,
personally appeared _JJ.aUi...d._..1iJLL~______.____, one of the above-named members of
the Zoning Board of Appeals of Nantucket, M~sachusetts, personally known to ll1C to be the
person whose nanle is signed on the preceding dOCUlnent, and acknowledged that he/she signed
the foregoing instrU111cnt voluntarily for the purposes therein expressed.
tu)tMo~
Notary Public
My Conulllssion Expires
~ LESLie ERIN Wf)(:}BSON
00>> i~ Notary Public
J ~Conml()rtWeatt4ef~assachusetts
- 1 My Commission Expires
Decenlber 22.2011
4