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HomeMy WebLinkAbout025-05 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 ~~ Date: 1J6>r"f ( /2- , 2 00.5" \ To: Parties in Interest and Others concerned with the Decision of .the BOARD OF APPEALS in the Application of the following: Owner/Applicant: ();( S~O S~ Oau/lrLI), {hif)T-ei{a . Application No.: . . , , " 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 from this Decision may be taken pursu,a.nt 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. ~&.l ~C-< ~ (~\ Jf7710 '- n ~Y..::t . r(l(lS) Cha irman cc: Town Clerk Planning Board Building Commissloner 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 60.1.2, Parcel 5 12 Tennessee Avenue Residential-2 Land Court Plan 3092-S Lot 2 Certificate of Title No. 15,790 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, March 11, 2005, at 1:00 P.M., in the Conference Room, in the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the following decision on the application of DAVID V. CANTELLA, c/o Reade, GUllicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 025-05: 2. The Applicant is seeking a MODIFICATION of SPECIAL PERMIT relief granted under Nantucket Zoning By-law 5139-33.A (alteration/expansion of a pre-existing, nonconforming structure) in the Decision in Board of Appeals File No. 023-99. That Decision allowed the expansion of the Applicant's pre-existing, nonconforming single-family dwelling, by constructing a new entryway on the southerly front of the house within the required 30-foot front yard setback area without coming any closer to that lot line than the structure. The Applicant constructed that addition pursuant to a validly-issued building permit. However, the addition constructed was larger than the addition originally approved by the Board of Appeals, although it came no closer to the front lot line than was permitted. The Applicant is seeking validation of the addition as constructed. A Certificate of Occupancy was issued in 2000 for the addition. In addition, the Applicant is seeking new SPECIAL PERMIT relief under By-law 5139- 33.A (alteration/expansion of a pre-existing, nonconforming structure) to enlarge an existing addition on the northeasterly side of the house, which is situated as close as about 1.8 feet from the northeasterly side lot line, with the minimum side yard setback allowed in this zoning district being ten feet, by constructing an addition which would also enclose an exterior access to the crawl space. The new addition would extend vertically about two feet in height (for a maximum height in the addition of about ten feet), extend horizontally about seven feet in a southwesterly direction and about one foot in width, and be sited within the side and front yard setback areas but not come closer to the side or front lot lines than the structure as it now exists. The new addition would continue to contain the existing boiler and provide interior access to the crawl space. The Locus would continue to comply with the maximum permitted ground cover ratio of 12.5%. The Locus is nonconforming as to 1 lot size, having an area of about 12,682 square feet, with the minimum required in this zoning district being 20,000 square feet; as to front yard setback, with the structure being sited as close as about 23.2 feet from the front lot line, with minimum front yard setback in this district being 30 feet; and as to side yard setback, with the structure being sited with zero setback from the northeasterly side lot line, with the minimum required in this zoning district being ten feet. The Premises is situated at 12 TENNESSEE AVENUE, Assessor's Map 60.1.2, ParcelS, is shown upon Land Court Plan 3092-S as Lot 2, and is situated in a Residential-2 zoning district. 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. There was no Planning Board recommendation, on the basis that no matter of planning concern was presented. Except for the presentation by the Applicant and his legal representative, there was no support or opposition presented at the public hearing and no letters on file. 4. As presented by the Applicant and his counsel, this application was brought in order to correct a serious problem with the boiler in the existing dwelling, which was inadequately protected from winter weather conditions and had suffered freezing damage in cold weather. In order to adequately insulate and protect the boiler, Applicant represented that it was necessary to expand the shed addition (which may include demolishing the existing shed to construct a new larger shed) in which it was currently housed. Applicant also proposed to enclose the existing crawl space access area in the new shed addition to permit interior access to this area and curtail freezing of the structure. This addition was sited wi thin both the front and northeasterly side yard setback areas. The expanded new shed would not be sited any closer than the existing house to the front or side yard lot lines. The shed would also include an upward expansion within the setback area. Applicant stated that the shed would be located in an area of the lot that immediately abutted an unconstructed way that had little likelihood of being opened given the proximity of the house and road to the wetlands and Hither Creek, and there was substantial natural vegetation in that area. 5. Applicant represented that in addition, upon review of the site plan for the Locus, by Blackwell & Associates, Inc., dated August 4, 2000, a reduced copy of which is attached hereto as Exhibit A, it was determined that the front entryway addition constructed pursuant to the relief granted in the Decision in BOA File No. 023-99 was larger and in a different configuration than what was shown upon the plan submitted therein, although it came no closer to the front yard lot line than the existing house, as required by the Board at the time. Therefore, the Applicant was seeking a modification to said relief to validate the addition as built, which had already received a Certificate of Occupancy. The 2 """..--."- --..---, ..,.... ".-..--. ...~._~ ...-...---- ----- -- - --- --- .-."..-- ------ -------. site plan in 1999, was a site plan that was submitted with the first application for special permit relief in 1994 when the Applicant had received permission to expand the front entryway and which the Applicant never exercised prior to the expiration of the permit. When the Applicant made application in 1999 for the same purpose, the Decision stated that relief was based upon the plan and information contained in the 1994 file. The addition shown in both 1994 and 1999 was actually sited further into the front yard setback area and when application was made to the Building Department a new plan had been done showing the addition spread out more and not in the front yard setback area. However, said corrected site plan was never submitted to the Board. There was no issue of any violation of ground cover requirements. 6. Therefore, based upon the facts as presented, the Board of Appeals, by UNANIMOUS vote, makes the finding that the proposed addition would be an intensification of the nonconformity in that the shed would be expanded both vertically and horizontally within the front and side yard setback areas. However, the Board also finds that said expansion of the shed would not be substantially more detrimental to the neighborhood than the existing nonconformity. In addition, the Board also finds that the addition completed in 2000 would not be substantially more detrimental to the neighborhood than the pre- existing, nonconforming location of the existing dwelling. Neither the new shed nor the front entry way as constructed would be closer to the lot lines than portions of the pre-existing nonconforming dwelling. Accordingly, by UNANIMOUS vote, the Board of Appeals votes to GRANT the requested relief by SPECIAL PERMIT under Nantucket Zoning By-law 5139-33.A to expand the shed as proposed and by MODIFICATION of the SPECIAL PERMIT issued in BOA File No. 023-99 to validate the front entryway, subj ect to the following conditions: a. The addition shall be constructed in substantial conformity to the plans submitted to the Nantucket Historic District Commission and approved under Certificate of Appropriateness No.45,497, as may be amended from time to time; and b. The front entryway shall be substantially as shown on Exhibit A, which plan refers solely to the existing footprint of the structure and is not indicative of the new shed to be constructed. 3 (ZBA Decision 025-05) Dated: April ,~ 2005 p U~ G, \; '~Va&M- Nanpy-. yr ps ~ / \ c. , ,...; 4 # IONING tl~SSlflCAllnN: 1(- Z EXISTING: MIN. AREA: . ZoC?OO. SX. . . . :~~~~~SF MIN. FRONTAGE: . . .75, . FT.. . . 5F:~ . PL;A;N FRONT YARD S.B.: ' ' :3~.~, . , . ',' , , , :1, REAR & SIDE 5:8.:, ~q ,F.T:. , "f. GROUND COVER (7.): . . 12; ':! "!-. . , .c:qi. ~. // ~'?- _c.,!:.. / rl-;.'\f>/ /' GO. /.2 -4 l<.IfF P.1v(. REIS TRUCKING-, INe. LOT 1 L.C 30~Z-6 FlOOD 7.oIJE '8 f"Lfi:5D'Zo~ wATER 5tJ'PfLY EASE MEI--IT DOC. 01<35058 Blackwell At Associate! Inc. v ~f+ ONLY ORIGiNAllY STAMPED AND ENDORSED COPIES OF THIS plJiN SHALL BE ACKNOWLEDGED BY THE CERTlFtlNG LAND SURVEYOR. Go.l.2. - 3 N/r BROAD CREEK R. T. LDT A L,C 3092-8 '" ..l '1 ..;: ffo ~ <J " - - " ~ f- tj ~ tn 8 o (J' CROSS 5T. -FlOOD 7ol-/E;; A5 . -. FLOOD--=z.O~8-'-- ,tl 00 '1: 1 .sTORY DwELLING (IJ : I I I : -; ~- ~ -{ - ~-:- ~+I: ,,-tJ; .. I I.. 1..( . ,tl;:r OJI ~l ~l lIT? I{T)' ,- N:.1 ~: I'i': ~I :~ :<'i.'~l(j:1 N: : I :~...J:i' ~1 7:500 ,,!.LJw':' .: .> " ",' !'C2&" : /.0;0:/ TENNESSEE: ;--- INOT TO BE RECORDEP] UNOYv'ERED CRAWL 5PACE ACCE5'3 !~ I ---( LJ TO: .-rYE. . . t?O.5!~lJ. .~/'(~. <;:~f-!-r:S. .SA'!!t-.!G:~ . .BM~.)F~.'!3:........ AND NO OTHERS. I CERTIFY, TO THE BEST OF MY KNOWLEDGE, THAT THE PREMISES SHOWN ARE LOCATED IN FLOOD HAZARD ZONE: Ap) ~J. C; . . DEUNEATED ON F.I.R.M. / COMMUNI1Y PANEL NUMBER: 250230-00 . .I~ . . .0, BY THE FEDERAl EMERGENCY MANAGEMENT AGENCY. EFFECTIVE DATE OF MAPS: JUNE 3, 1986 AND AS PERIODICALLY REVISED. THIS INSPECTION PlAN WAS PREPARED FOR MORTGAGE PURPOSES ONLY AND IS N01 TO BE CONSIDERED A FULL INSTRUMENT SURVEY. THIS PLAN SHOULD NOT BE USED TO F5TABUSH PROPERlY UNES. FENCES, HEDGES OR ANY ANCILlARY STRUCTURES ON THE PREt.llSES. THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PlANS OF RECORD. THIS INSPECTION PLAN IS NOT A CERTIFlCA110N AS TO THE TITlE OR OWNERSHIP OF THE PROPERlY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET ASSESSOR RECORDS. THIS plJiN SHALL NOT BE USED FOR ANY OTHER PURPOSE OTHER 1lWl ITS INTENDED USE STATED ABOVE. AVE. Owner: \Mil@~lf@&@[g ~~~~~~liil@~ ~[b&[M Bllil ~~@~~D ~@~ SCALE: r = 2':5 DATE: APRIL 30, 19'73 1?E,VISED: AUGA, 2000 . P.4,Y,IJ) ,(~.t:-"!-r:E.L0. . . . . . . . , . . . . . . . . . . . . . . . . . . . . . L~T 2' . . . . DeedjCert.: .cgT; .'?n9 Pion: V~ :?09't-: :;3. . . Tax Map: ~..'.?~ .5. Locus:-J.2.T:E!-i!-l~i=A~', FBK.: BLACmLL ct ASSOCIATES, Inc. i"ro!esrio'nGL Land SUT1J81IOTS 6 Young's fey Na:n,tucket, ~tts 02554 131; -7Z (6. .-9826 B- 38~ \' 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 ofthe NANTUCKET ZONING BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, MARCH 11,2005, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application ofthe following: DAVID V. CANTELLA BOARD OF APPEALS FILE NO. 025-05 Applicant is seeking a MODIFICATION of SPECIAL PERMIT relief granted under Nantucket Zoning By-law Section 139-33A (alteration/expansion of the pre- existing nonconforming structure/use), in the Decision in BOA File No. 023-99. Said Decision allowed the expansion of Applicant's pre-existing nonconforming single-family . dwelling, by constructing a new entryway onto the front of the house within the required 30-foot front yard setback area without coming any closer to that lot line. Applicant constructed the addition pursuant to a validly issued building permit. However, the addition constructed was larger than the addition originally allowed by this Board, though it came no closer to the front yard lot line than what was permitted. Applicant is seeking validation of the addition as constructed. A Certificate of Occupancy was issued for the work in 2000. In addition, the Applicant is seeking new SPECIAL PERMlT relief under Nantucket Zoning By-law Section 139-33A (alteration/expansion of the pre-existing nonconforming structure/use) to enlarge an existing addition on the northeasterly side of the house, that currently is sited as close as about 1.8 feet from the northeasterly side yard lot line in a district that requires a minimum side yard setback often feet, by constructing an addition, that would also enclose an existing exterior access to the crawl space. The new addition would extend vertically about two feet in height (for a maximum height of about ten feet), extend horizontally about seven feet in a southwesterly direction, and about one foot in width and be sited within the required front yard setback area as well, though come not closer to the side or front yard lot lines than the existing structure. The new addition would continue to contain the existing boiler and provide interior access to the crawl space. The Lot would continue to meet the maximum allowed ground cover requirement of 12.5%. The Lot is nonconforming as to lot size with the Lot containing about 12,682 square feet oflot area in a district that requires a minimum lot size of 20,000 square feet; as to front yard setback with the structure being sited as close as about 23.2 feet from the front yard lot line in a district that requires a minimum front yard setback of 30 feet; and as to side yard setback with the structure being sited at zero feet from the northeasterly side yard lot line in a district that requires a minimum setback of ten feet. The Premises is located at 12 TENNESSEE AVENUE, Assessor's Map 60.1.2, Parcel 5, L. C. Plan 3092-S, Lot 2. The pr e is zoned Re .de~I-2. j\~" ~rcut\/Y N cy 1. Sevrens, C man THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER AL TERNA TIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 CASE NO. CJ 6>-05 FEE: $300.00 APPLICATION FOR RELIEF Owner's name(s): Mailing address: Applicant's name(s): Mailing address: Locus address: David V. Cantella c/o Reade. Gullicksen. Hanlev & Gifford. LLP Same 6 Youn2's Way. Post Office Box 2669. Nantucket. Massachusetts 02584 12 Tennessee Avenue. Madaket Assessor's MaplParcel: 60.1.2-5 Land Court PlanIPlaR :Beek & Page!PlaR File N e.: Date lot acquired: 5/25/93 Cert. of Title: Uses on Lot - Commercial: None -L Y es (describe) Residential: Number of dwellings-L Duplex_ Apartments _Rental Rooms Building Date(s): All pre-date 7n2? x or C ofO(s)? Building Permit Nos: Previous Zoning Board Application Nos.: 3092-S 15790 Lot No.: 2 Zoning District: R-2 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: ~ a 1to 0 ~ cY!-- OJ dJdJs;y ~ I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pa. and penalties erjury. SIGNATURE: Applicant Attorney/Agent x (If not owner or ower's attorney, please enclose pro f of agency to bring this matter before the Board) FOR ZBA 0 ICE USE Application received on:..v./\... g[ By: Complete: Need copies?: m- Filed with Town Clerk:~~ Plannin. Building Dept.: / By: a Fee deposited with Town Treasurer:..2:d rC(" By: W aiver req~te .: _ r n.!ed: _/.--!_ Hearing notice posted with Town Clerk: /.l:!:1.!J Mailed:--2!~~OJ I&M:.2 rz,v;/O; & 3J~/.QJ:.,;::- Hearing(s) held on:_/_/_ Opened on:_/.--!_ Continued to:_/-"_ Withdrawn?:.--!_C DECISION DUE BY:-"_/_ Made:.--!_/_ Filed wrrown Clerk:_I_I_ Mailed:_/_I_ DECISION APPEALED?:_/.--! _ SUPERIOR COURT: LAND COURT Form 4/03/03 F:\WpC\Cantella\ZBA APP 2005.doc ADDENDUM Applicant is seeking a MODIFICATION of SPECIAL PERMIT relief granted under Nantucket Zoning By-law Section 139-33A (alteration/expansion ofthe pre-existing nonconforming structure/use), in the Decision in BOA File No. 023-99. Said Decision allowed the expansion of Applicant's pre-existing nonconforming single-family dwelling, by allowing the construction ofa new entryway onto the front of the house within the required 30-foot front yard setback area without coming any closer to that lot line. Applicant constructed the addition pursuant to a validly issued building permit. However, the addition constructed was larger than the addition originally allowed by this Board, though it came no closer to the front yard lot line than what was permitted. Applicant is seeking validation of the addition as constructed. A Certificate of Occupancy was issued for the work in 2000. In addition, the Applicant is seeking new SPECIAL PERMIT relief under Nantucket Zoning By-law Section 139-33A (alteration/expansion of the pre-existing nonconforming structure/use) to enlarge an existing addition on the northeasterly side of the house, that currently is sited as close as about 1.8 feet from the northeasterly side yard lot line in a district that requires a minimum side yard setback often feet, by constructing an addition, that would also enclose an existing exterior access to the crawl space. The new addition would extend vertically about two feet in height (for a maximum height of about ten feet), extend horizontally about seven feet in a southwesterly direction, and about one foot in width and be sited within the required front yard setback area as well, though come not closer to the side or front yard lot lines than the existing structure. The new addition would continue to contain the existing boiler and provide interior access to the crawl space. The Lot would continue to meet the maximum allowed ground cover requirement of 12.5%. 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NY:Y . 3:3S . . . . . . . . . .:::!'S-.=Z8:)ZI ::>NUSIX3 t::J,~ , /' /' /' /' /' UllIZ rrC) ij\)>n\ I;Z:.. r1:IZ -()>C) "11-{-l ~2)> :Iil~ UlmiU ~iU~ ~ ~ -{ C::= Z C====.. =-- /' /' /' /' /' Z <t -1 (L oc () () -1 11- t- ~ U) I (i II 11- :; = . -<1 z () t- <t > ill -1 ill -:I t- =:J () d) ! ~ I II IS3~ VI l::LLI\JVJ II r I -<1 II mB z <( -I 0- ~ I ill " t- - N d) ~ m z 0- t- <( > ill -1 ill t- ~ <f) I <( " "<I: ill ~ ~\\ () ~I -l) I 11\ ,,<;1-,"" ,,('-,6 ,,(.-,<;1 I: I..'J() Z() i=[}I ~O XW w[Q ( 1 I..'J ~" I-z Q)- -z x- wO 00 D" 00 ~z _llJ I-:I Q)U X~ llJ~ ~ .'It-\ ~ of(Jft'({rc(/ n. l'.t ~ \ .11 "/[j<1 '1 . V (~~j\( r . i~l ';) 1\J rJ \1:1 \. ' 'Y" .\it)J '-\ '( \J ('r:... [.. +-,'. ( l,,\ "'\ \ [,(J Cd~~)' ' TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: May , I , 19 99 To: Parties in Interest and, Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 023-99 Owner/Applicant: DAVID V. CANTELLA 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. J1% (j} \Utli~Q Dale W. Waine 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 ~139-30I (SPECIAL PERMITS); ~139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETIS 02554 PHONE 508-228-7215 FAX 508-228-7205 Assessor's Map 60.1.2 Parcel 5 R-2 12 Tennessee Avenue, Madaket Land Court Plan 3092-S, Lot 2 Cert. of Title No. 14,197 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, March 12, 1999, in the Conference Room, Town and County Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of DAVID V. CANT ELLA , of 191 Marlboro Street, Apt. 3, Boston, MA 02116, Board of Appeals File No. 023-99, the Board made the following Decision: 1. Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw ~139-33A (alteration/expansion of a pre-existing nonconforming structure/use). Applicant proposes to construct a 64+ square-foot enclosed entry room onto the front of the said to be pre-existing nonconforming single-family dwelling. The Lot contains 12,682~ square feet of lot area in a district that requires a minimum lot size of 20,000 square feet. The dwelling is nonconforming as to setbacks, being sited 23.2~ feet at its closest point from the front yard lot line in a district that requires a minimum of a 30-foot front yard setback and has a zero easterly side yard setback at its closest point in a district that requires a minimum side yard setback of 10 feet. The proposed addition would be sited 20.31+ feet from the front yard lot line. In the alternative, Applicant is seeking relief by VARIANCE pursuant to Nantucket Zoning Bylaw ~139-16A (Intensity Regulations _ setbacks) in order to construct the aforementioned addition as proposed. A Special Permit, allowing construction of a similar addition that was to come no closer to the front yard lot line than 23.2+ feet, was issued by the Board of Appeals in Case No. 072-94; however, the Applicant was unable to proceed with the project at that time, and the Special Permit has accordingly lapsed. The Premises is located at 12 TENNESSEE AVENUE, MADAKET, Assessor's Map 60.1.2, Parcel 5, shown on Land Court Plan 3092-S as Lot 2. The property is zoned Residential-2. 2. The Decision is based upon the Application and materials submitted with it and the testimony and evidence presented at the Hearing. There was one (1) letter on file that expressed no objection provided that there be no further encroachment in the setback area as measured from "G" Street. The Planning Board made no recommendation as the matter was not of planning concern. 3. Applicant, through counsel, represents that the proposed project is the same as that which was approved in 072-94 with no other alterations planned. Applicant proposes to construct a 64~ square-foot enclosed entry-way onto the front of a pre-existing nonconforming single-family dwelling. Said addition would encroach further into the nonconforming front yard setback area, sited 20.31~ feet from Tennessee Avenue rather than at the current 23.2~ feet, in a district that requires a minimum front yard setback of 30 feet. The ground cover ratio would be increased from l,l03~ square feet (8.7~%) to 1,167~ square feet (9.2~%) with the maximum ground cover ratio allowable in the R-2 zoning district being 12.5%. 4. As it did in its 1994 Special Permit Decision No. 072-94 in this matter, the Board finds that the proposed addition would be an intensification of the nonconforming front yard setback, further encroaching into said setback area, and is unable to justify grounds for a grant of Variance relief under Nantucket Zoning Bylaw g139-16A and literal enforcement of the provisions of the Zoning Bylaw would not involve a substantial hardship, financial or otherwise, with said hardship being created by the Applicant. Therefore upon a request by Applicant to WITHDRAW WITHOUT PREJUDICE the request for VARIANCE relief, the Board so voted unanimously. 5. However, the Board does find that a proposed alteration that would come no closer to the front yard lot line than the existing structure, though an intensification of the massing of the structure within the setback area, would not be substantially more detrimental to the neighborhood than the existing nonconformities, with the addition being modest in size with minimal impact on the area and no increase in intensity of use. 6. Accordingly, by a unanimous vote, the Board GRANTS the requested SPECIAL PERMIT under Nantucket Zoning Bylaw g139-33A to alter and extend the single-family dwelling by adding an entry-way room onto the front of the structure subject to the following conditions: a. The addition shall not increase the nonconforming front yard setback and be sited no closer to that lot line than 23.2+ feet at its closest point; and b. The addition shall be constructed in substantial conformance with the Certificate of Appropriateness No. 32,507 issued by the Historic District Commission. The Board notes that the Order of Conditions No. SE-48-414 issued by the Conservation Commission, and included as condition lib" in paragraph "5" of the Decision in BOA File No. 072-94, has arguably expired and cannot be used as a valid condition in this Decision as a new Order of Conditions had not been sought as of the date of this Deci,7:n~ggg{~)~w CU(h~ D Ie W. Wain ~ !\0~ Edward Murphy ZONING' CLASSIFICATION: 1(- Z EXISTING: MIN. AAEA: . ~c?c;>9. ?X.. . . !:~~~~~.F MIN. FRONTAGE: , . . ~ . F;J;. . . ?'!=~. ~A;N fRONT YARD S.B.: . . :39, ':T. . . . ~ . . . : . REAR & SIDE S.B.: . . ~q .FT. . . . . Of. . . : . GROUND COVER (:1:): . .'.2: ~f!.. . . .8:~ ~ ~. c.j(. ~ ~~ ~ ~i'- _ - - ;l.\~rt.../ ! ,/ ~I\ I f- ~ GO./.2 - 3 N/r 8RoAD eRn:/( R. T. lOT A L.c. 3092-8 ONLY ORIGINAlLY STAMPED mo ENDORSED COPIES Of THIS PlAN SHAll BE ACKNO'M..EDGED BY THE CERTIFYING lAND SURVEYOR. ,;/; ~. /;/ /' ./ ~' /e;;, .---/ ~' I u ~------ GO./.2. - 4 IVIF P./v(. REIS TrcUCKlI-.fG. INC'. LOT 1 L.e 3092 - 6 - - . L~.D_ ZO"'E: 4.5 FLOOD '-io..Jf.----i>- CPQSS ST .+1 en ~ t :sTORY DW'ELLi}jG o r--- I I I I !~ ---, t ~ FLooO 7.01-1f: 'B F"LOOD 7.o'j.jE:c ~ WATER SUP'f'lY-/' EASE'MENr DOC." 3505"8 ! 75.0') TENN E:SSE:E: AVE. ~FJ:' ~Fr TO: . T}{E, . . ~~S!qA{ .~I'(~. ~~'f~S. .sA'!'!t1G;~ . .B.~~.,F~.~: . . . . . . . . AND NO OTHERS. I CERTIfY, TO THE BEST OF !.IY KNO'll1..EDGE. THAT THE PREMISES SHOWN ARE LOCATED IN flOOD HAZARD ZONE: A~ J ~,. t:; . , DEUNfATED ON r.l.R.M. / COMMUNITY PANEl NUMBER: 250230-00 . .I~ . . . D. BY THE FEDERAl EMERGENCY MANAGEMENT AGENCY. EfFECTIVE DATE or MAPS: JUNE 3, 1986 AND 1S PERIODICAlLY REVISED. THIS INSPECTION PlAN W1S PREPAAED rOR MORTGAGE PURPOSES ONLY AND IS NOT TO BE CONSIDERED A FULlINSTRUI.fENT SURVEY. THIS PlAN SHOULD NOT BE USED TO ESTAIlUSH PROPERlY UNES. FENCES, HEDGEs OR }.NY ANCIllARY STRUC1URES ON THE PREl./ISES. THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PlANS OF RECORD. THIS INSPECTION PlAN IS NOT A CERnflCJ.TION AS TO THE TITlE OR OWNERSHIP or THE PROPERTY SHOWN. OWNERS or ADJOINING PROPERTIES ME SHOWN ACCORDING TO CURRENT TOWN Of NANTUCKET 1SSESSOR RECORDS. THIS PU.N SHALL NOT BE USED rOR my OTHER PURPOSE OTHER lrWi ITS INTENDED USE STAlED ABOVE. @Block..elJ " Associott3 Inc. 1NaI@~lr~@~ ~!M@~[gg;iiil@~ ~[s&1M il1il ~~~~'ii'D ~~ SCALE: r= z5' DATE: APRIL 30, 1'n3 Owner: . Q"1v,/J). ~~'!r:E:.'+4 AMP. -!~1{1{/f7P;. . CAAlTE::LLA . . . . . . . . . . . . . . . . . Lc;T' 2" . . . . DeedjCert.: .Cf;~-r: . I~ !'7,7, Plan: ~.c;. ;?Q"J1. ~ $. . . Tax Map: ~'."~~~.5. Locus:-!Z. r.9./!.f1f:S:S~.A:~. . , .....ft...~I""' [NOT TO BE RECORDED I BLACKWELL ct ASSOCIATES, Inc. ProJessioMJ. Land Surv~ors 6 Young's Way Nantucket, Massachusetts 02554 B' -71 (508) 228-9026 n ~_ _ , F8K.: Jts-.XJ Town of Nantucket ZONING BOARD OF APPEAL~ REcEIVED BOARD OF ASSESSORS. FEB - 82005. TOWN OF NANTUCKET, MA LIST OF' P....~TlES rN INTEREST IN THE MAT!CR OFTIiE PETITION OF' . p 3a ';'4 r: Ctld-e1ICL ROPER TY OWNER........................... ......, .... ....... ......................,... M^' LrNG A DqRESS... ~l9. .R~M.~.,.. .q.~~.FsJ.t~~~.,..,~.~~~.~!.. .~..~.~~~.~!~.~. LLP PROPERTY LOCATION......,.....I.~..,~~r.~.~~ ....S5 ES SORS M^ PrP A ReEL...... Ul1~. t. i?. ,"'::. ,?................................ A PPUCA NT. . r~..4~.,. ~~,lH<~~,~~,~, ~~~,leJ, .~ , ~~f!~',d, "L~P.j:r ,p,.vid' V. 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'" rtNNrtC"l"f\lIl""'4...riMI"'fr1f"4r4....rt i ~~~55S~~~~E~~EE~~ Town of Nantucket 16 Broad Street Nantucket, MA 02554 T ennessee Avenue, LLC 1877 Field Road Charlottesville, VA 22903 Roger 1. & Jacquelyn C. Jette, Tr c/o James P. & Mary R. Taafee PO Box 1241 Nantucket, MA 02554 Jacqueline K. Weyand 34-1094 St. Jackson Heights, NY 11372 Lars O. & Nancy M. Soderberg c/o Lars O. & Jane F. Soderberg 3 Sunset Drive Cherry Hills Village, CO 80113 P&M Reis Trucking, Inc. PO Box 113 Nantucket, MA 02554 Maddaquet Admiralty PO Box 191 Nantucket, MA 02554 William E. & Ruth Grieder, Trs The Maddequet Nominee Trust 4 Chapel Way Nantucket, MA 02554 Cheryl K. Coffin, etal, Trustees Six Sisters Realty Trust 4 S. Pasture Lane Nantucket, MA 02554 William P. Westcott, Trustee Lambi Nominee Trust PO Box 2084 Nantucket, MA 02584 Randolph Sharp, Jr. 14 Tennessee Avenue Nantucket, MA 02554 Mary Ann Brooks Trustee Brooks Realty Trust 19 Tennessee Avenue Nantucket, MA 02554 Lars O. & Nancy M. Soderberg 9 Tennessee Avenue Nantucket, MA 02554 Cynthia Collins PO Box 1339 Nantucket, MA 02554 Nantucket Conservation Foundation, Inc. PO Box 13 Nantucket, MA 02554