HomeMy WebLinkAbout058-05
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: rtvCfU<;T J<g" ,20 oS"
To: Parties in Interest and Others concerned with the
Decision of the BOARD OF APPEALSinthe-Appflcafion of the
following:
Owner/Applicant:
Twen~ -Olf)e
o,5?f....OS
A-lo.n D."K rrJ II
CI,'fF TrusT:.
ITY'U5i-e~
.
0-12
c::i
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Application No.:
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Enclosed is the Decision of the BOARD OF APPEALS which ha~
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 necision must be given
to the Town Clerk so as to be received within such TWENTY
(20) days.
L
DO-Q W - Wo.(he.,
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.
NANTUCKET ZONING BOARD OF APPEALS
1 East Chestnut Street
Nantucket, Massachusetts 02554
Assessor's Map 42.4.4, Parcel 54
21 Cliff Road
Residential-1
Plan Book 22, Page 111
Lot 1
Deed, Book 433, Page 8
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, August 12, 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 ALAN D. KROLL, Trustee of TWENTY-
ONE CLIFF TRUST, c/o Reade, Gullicksen, Hanley & Gifford, LLP,
Post Office Box 2669, Nantucket, Massachusetts 02584, File No.
058-05:
2. Applicant is seeking a MODIFICATION of SPECIAL PERMIT
relief granted in the Decision in BOA File No. 033-04. Applicant
proposes to construct a new dormer wi thin the footprint of the
existing single-family dwelling, which is currently
nonconforming as to height. The structure has an average height
above mean grade of about 36.9 feet, with three of the four
sides exceeding about 32 feet in height. The maximum height
permitted under Nantucket Zoning By-law Section 139-17A is 30
feet, and no one building side may exceed 32 feet in height. The
proposed dormer would add mass above 30 feet in elevation but
the finished height above mean grade would not increase and
would remain at about 36.9 feet. The Locus is conforming in all
respects to zoning, except as to side yard setback with a deck
and steps being sited as close as about 0.90 foot from the
southerly side yard lot line in a district that requires a
minimum side yard setback of five feet. This setback
nonconformi ty would not be increased and all new construction
would take place outside of the required setback areas. The
Premises is located at 21 CLIFF ROAD, Assessor's Map 42.4.4,
Parcel 54, Plan Book 22, Page 111, Lot 1. The property is zoned
Residential-1.
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
recei ved at our public hearing. The Planning Board made no
recommendation, on the basis that no matter of planning concern
was presented. Except for the presentation by the Applicant's
representatives, there was no support or opposition presented at
the public hearing.
4. As presented by the Applicant, the dwelling upon the
Locus pre-exists the Nantucket Zoning By-law's initial adoption
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in 1972, and is clearly visible on a 1938 and 1957 aerial
photograph in the Town records, and validated as well as duly
grandfathered by historic information contained in the records
at the Nantucket Historic District Commission office. This
structure exceeds the maximum height requirement of 30 feet
under By-law ~139-16.A, and also the provision that no one
building side may exceed 32 feet. The Applicant was granted
special permit relief in the Decision in BOA File No. 033-04,
that allowed alterations and expansion to the existing structure
in the part of the structure that was over 30 feet in height but
below the maximum height of the roof ridge. The Applicant now
seeks a modification of that Decision and proposes to construct
an additional dormer on the southerly side of structure wi thin
the footprint of the structure, which is above 30 feet in
elevation but no higher than the existing roof ridge. Applicant
represented that the overall elevation above mean grade,
computed under the By-law would not change. The proposed dormer
has been approved by the Nantucket Historic District Commission
("HDC") in Certificate of Appropriateness No. 46,501.
5. Based upon the foregoing presentation, the Board of
Appeals, by UNANIMOUS vote, found that the proposed alteration
and extension of the Applicant's dwelling with the construction
of a new third-floor dormer on the southerly side of the
structure would not be substantially more detrimental to the
neighborhood than the existing nonconforming condition of the
structure, and further by UNANIMOUS vote, GRANTED the
MODIFICATION of the Decision in BOA File No. 033-04 to authorize
the Applicant to make the proposed change, subject to the
following condition:
(a) The dormer shall be constructed
conformity with the plans approved by the
Certificate of Appropriateness No. 46,501, as
from time to time; and
in substantial
HDC under its
ma y be amended
(b) It is acknowledged that this decision relates
solely to the requested relief and expressly does not rule in
any way upon the side yard setback encroachment issue affecting
the dwelling upon the Locus.
Date: August I~, 2005
Mich
2
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 WNING BOARD OF APPEALS will
be held at 1:00 P.M., FRIDAY, AUGUST 12, 2005, IN THE CONFERENCE
ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket,
Massachusetts, on the Application of the following:
ALAN D. KROLL, AS TRUSTEE OF TWENTY-ONE CLIFF TRUST
BOARD OF APPEALS FILE NO. 058-05
Applicant is seeking a MODIFICATION of SPECIAL PERMIT relief granted in
the Decision in BOA File No. 033-04. Applicant proposes to construct a new dormer
within the footprint of the existing single-family dwelling, which is currently
nonconforming as to height. The structure has an average height above mean grade of
about 36.9 feet, with three of the four sides exceeding about 32 feet in height. The
maximum height permitted under Nantucket Zoning By-law Section 139-17 A is 30 feet,
and no one building side may exceed 32 feet in height. The proposed dormer would add
mass above 30 feet in elevation but the finished height above mean grade would not
increase and would remain at about 36.9 feet. The Locus is conforming in all respects to
zoning, except as to side yard setback with a deck and steps being sited as close as about
.90 feet from the southerly side yard lot line in a district that requires a minimum side
yard setback of five feet. This setback nonconformity would not be increased and all new
construction would take place outside of the required setback areas.
The Premises is located at 21 CLIFF ROAD, Assessor's Map 42.4.4, Parcel 54,
Plan Book 22, Page 111, Lot No. e p rty is ed Resi ential-l.
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
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NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
CASE NO. osi -05
FEE: $300.00
APPLICA TION FOR RELIEF
Owner's name(s): Alan D. Kroll. as Trustee of Twentv-One ClitTTrust
Mailing address: c/o Reade. Gullicksen. Hanlev & GitTord. LLP
Applicant's name(s): Same
Mailing address: 6 Youn2's Way. Post Office Box 2669. Nantucket. Massachusetts 02584
Locus address: 21 ClitTRoad Assessor's MapIParcel: 42.4.4-54
Land Court PlanlPlan Book & PageIPlan File No.: 22-111 Lot No.: 1
Date lot acquired: 11/1/93 Deed Ref.lCert. of Title: 433-8 Zoning District: R-l
Uses on Lot - Commercial: None ~ Yes (describe)
Residential: Number of dwellings -1- Duplex Apartments _Rental Rooms
Building Date(s): All pre-date 7172? or C ofO(s)?
Building Permit Nos:
Previous Zoning Board Application Nos.:
033-04
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:
The applicant requests a Modification of the Special Permit relief granted by Board
of Appeals Decision No. 033-04, for the alteration of the applicant's pre-existing,
nonconforming structure, in order to construct an additional dormer within the
footprint of the existing dwelling, reaching an elevation in excess of 30 feet
above mean grade but lower than the ridge height. The new proposed do~er will not
be within any setback area. -
I certify that the information contained herein is substantially complete and true to the besf~ my
knowledge, under the pai and penaltie perjury.
SIGNATURE:;' Applicant Attorney/;\gentx
(If not owner or own's attorney, please enclose proof agency to bring this mat er before tbe Board)
FOR ZBA 0 CE USE ::;;
Application received on~fl{)J-;y: ? 1 Complete: Need copies?:
Filed with Town Clerk::Jj ?s:J1()lEbnning uoanl: ,I ,1_ Bnilding Dep~_ u,('~
Fee deposited with Town Treasurer:2jZ6!CjJ]jY:"'ZZ~iver requested?:_Granted:-"_I_
Hearing notice posted with Town Clerk:-=:21 MCS'MailedQ; 25!'d1l&M: 112rlCJ5& ??II or
Hearing(s) held on:_I_I_ Opened on:-"_I_ Continued to:_I_I_ Withdrawn?:_I_I_
DECISION DUE BY:_I-"_ Made:-"~_ Filed wffown Clerk:_I-"_ Mailed:_I_I_
DECISION APPEALED?:_I_I_ SUPERIOR COURT: LAND COURT Form 4/03/03
F:\WpK\Kopelman\ZBA APP Do.doc
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
JtXie ;( )
, 20 0'1
To: Parties in Interest and, Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
fol,lowing:
() 'B3-6~
bwner/Applicant: (J..{a./) D_ !< m (/1 TrCls:7ee-
a.p.f; TrlJen-+u-one Cl,'N' Trusr
/I
Application No.:
Enclosed is the Decision of the BOARD OF APPEALS which has
this day been filed in the office of the Nantucket Town
Clerk.
An Appeal from this Decision may be taken pursuant to
Section 17 of Chapter 40A, Massachusetts General Laws.
Any' action appealing the Decision must be brought by
filing an complaint in court within TWENTY (20) days after
this day's date. Notice of the action with a copy of the
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)r ~139-32I (VARIANCES)
I
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
\
NANTUCI<ET ZONING BOARD 01' APPEALS
1 East Chestnut Street
Nantucket, Massachusetts 02554
Assessor's Map 42.4.4, Parcel 54
21 Cliff Road
Residential-1
Plan Book 22, Page 111
Lot 1
Deed, Book 433, Page 8
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, May 14, 2004, at 1:00 P.M., in the
Selectmen's Meeting Room, in the Town Annex Building, 37
Washington Street, Nantucket, Massachusetts, the Board made the
following decision on the application of ALAN D. KROLL, Trustee
of TWENTY-ONE CLIFF TRUST, c/o Reade, Gullicksen, Hanley &
Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts
02584, File No. 033-04:
2. The Applicant is seeking relief by SPECIAL PERMIT under
Nantucket Zoning By-law ~139-33.A (alteration or extension of a
pre-existing, nonconforming structure). The Applicant proposes
to construct an addition to the existing single-family dwelling
upon the Locus, which is currently nonconforming as to height.
The structure has an average elevation above mean grade of about
36.9 feet, with three of the four sides exceeding 32 feet in
height. The maximum elevation above mean grade permitted under
By-law ~139-17.A is 30 feet, and no one building side may exceed
32 feet in height. The proposed addition would add mass above 30
feet in elevation but the finished height above mean grade, as
computed under the provisions of the By-law, would not increase
and would remain at maximum height of about 36.9 feet. The Locus
and the structure thereon are conforming in all other respects
with applicable zoning requirements, except that a deck and steps
are sited as close as about 0.9 foot from the southerly side lot
line, with the minimum side yard setback in the Residential-1
zoning district being five feet. This setback nonconformity
would not be increased, and all new construction would take place
outside of the required setback areas. The Locus is situated at
21 Cliff Road, Assessor's Map 42.4.4, Parcel 54, is shown in Plan
Book 22, Page 111, as Lot 1, and is situated in a Residential-1
zoning district.
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
received at our public hearing. The Planning Board made no
recommendation, on the basis that no matter of planning concern
was presented. Except for the presentation by the Applicant's
representatives, there was no support or opposition presented at
the public hearing.
1
4. As presented by the Applicant, the dwelling upon the
Locus pre-exists the Nantucket Zoning By-law's initial adoption
in 1972, and is clearly visible on a 1938 and 1957 aerial
photograph in the Town records, and validated as well as duly
grandfathered by historic information contained in the records at
the Nantucket Historic District Commission office. This structure
exceeds the maximum height requirement of 30 feet under By-law
~139-16.A, and also the provision that no one building side may
exceed 32 feet. The Applicant proposes to make alterations
within the footprint of the structure, certain of which would be
within the portion of the structure, which is above 30 feet in
elevation, and to construct an addition to the rear of the
structure. However, as explained by the Applicant's counsel and
survey consultant, the overall elevation above mean grade,
computed under the By-law would not change and would involve
about 368 square feet of additional space above 30 feet. The
proposed changes have been approved by the Nantucket Historic
District Commission ("HDC") in Certificate of Appropriateness No.
43,537.
5. Based upon the foregoing presentation, the Board of
Appeals, by UNANIMOUS vote, found that the proposed alterations
and extension of the Applicant's dwelling would not be
substantially more detrimental to the neighborhood than the
existing nonconforming condition of the structure, and further by
UNANIMOUS vote, GRANTED relief by SPECIAL PERMIT under Nantucket
Zoning By-law ~139-33.A (4), to authorize the Applicant to make
the proposed changes, subject to the following conditions:
(a) Alterations shall be constructed in substantial
conformity with the plans approved by the HDC under its
Certificate of Appropriateness No. 43,537, as may be amended from
time to time; and
(b) It is acknowledged that this decision relates
solely to the requested relief and expressly does not rule in any
way upon the side yard setback enyroachment issue affecting the
dwelling upon the Locus. i
Dated: June~, 2004
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CURRENT ZONING CLASSIFICATION:
Residential 1 (R-1)
18,745:J:S.F.
SEE PLAN
SEE PLAN
SEE PLAN
9:J:%
5000 S.F.
50 FT.
10 FT.
5FT.
30 %
MINIMUM LOT SIZE:
MINIMUM FRONTAGE:
FRONT YARD SETBACK:
REAR/SIDE SETBACK:
GROUND COVER % :
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EXIS G
RETAININ . WALL ·
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6-':;'. .~ - 'Il-
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PR8ttlED : · ·
EXPANSION L"
1"'+2"" WLFTi' WLF/5
STORY
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42.4.4-54.2
N/F
GEWIRZ
.
42.4.4-8
N/F
BROADUS
.
. II€lIAIC> DBJIEA7rD "
HMG ~ aMIIU.rM
42.4.4-56
N/F
JENSEN
42.4.4-70
N/F
WRAITH
NOTE: THE EXIS17NG STRUCTURE DOES NOT CONFORM TO
THE 30' HEIGHT LlMn-A17ON FOUND IN SEC. 139-17 OF THE
ZONING CODE. SPECIRCALLY SEe. 139-17 A (1) LIMITS
THE A~GE HEIGHT OF AJ.1. SlOES OF A BUILDING TO
JO FEET. THE A~GE HEIGHT OF THE EXISTING HOUSE
IS 36.9 FEET. THREE OF THE FOUR SIDES EXCEED
THE 32' HEIGHT LlMn-A170N FOUND WITHIN THE SEC17ON.
THE PROPOSED ADOITlON WILL NOT CHANGE THE BUILDING
HEIGHT CALCULA170N DUE TO THE CONFlGIJRA170N OF THE
ADOITlON AND THE GRADE CONDmONS SPECIRC TO THE SITE.
4-14- 04
ORIGINAL SIGNED AND STAMPED COPIES OF THIS PWI U4Y BE Plot Plan to Accompany
PHOTOCOPIED BY THE BOARD OF APPfAJ.S OR THE NANTUCKET BO"Ilf\.l 0.1 J9meals J9mr,;,,_J.:-
COUNTY REGISTRY OF DEEDS FOR RECORDING PURPOSES. w, U. 'J IIrr IIrr~lINlH"'WI'
IN CASES OF DISCREPANCIES REGARDING INFORMATION CONTAINED in
HEREON AND UNAlITHORIZED PHOTOCOPIES OF THIS PlAN, ONLY IT_J..,_L_t, II"-acl..'usefts
ORIGINALLY STA/,(PED AND ENDORSED COPIES SHALL BE llW..lMilW .~ Iii
ACKNOWLEDGED BY THE CER17FY1NG WID SURVEYOR.
THIS PLOT PWI WAS PREPARED TO ACCOMPANY AN APPLICATION SCALE: 1"= 40' DATE: APRIL 14, 2004
TO THE NANTUCKET BOARD OF APPfALS AND IS NOT TO BE ALAN D. KRQI.L TRIJSTEE OF
CONSIDERED A FULL INSTRUMENT SURVEY. Owner: . . . . . . '. . . . . . . . . . . . . . . . . . . .
THIS PWI SHOULlJ NOT BE USED TO ESTABLISH PROPERTY LINES. 1'Wnl7V-OME" ""n:" TR/ IC!T
FENCES. HfOGES OR ANY ANClLL4RY STRUCTURES ON THE PR[},(ISES. . . I,"'''f' f ': . . ~I 1,. rOT',.......
THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PWlS DeedjCert.: .p~" 'tJJ .P~..li Plan: fl. 22 pr;..1.1 t .
OF RECORD.
THIS PLOT PWlIS NOT A CfR17RCA17ON AS TO TO THE TTTl.E OR Tax Map: . ~Z.M.-P4 Locus:. .I2t CUFf.ROAf). . .
OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPER17ES
ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET ASSESSOR
RECORDS.
THIS PWI MAY NOT BE USED FOR ANY OTHER PURPOSE THAN ITS
INTENDED USE NOTED A80~
@ 2.002. Blackwell a: Associates I~
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BLACKrlLL ct ASSOCIATES, Inc,
ProJIafonaII.and ~
20 Teasdale Cin:le
Na.ntucJ:et, JlflSSfJI:huseffs 02664-
(608) IIB-BOI6 B-6205
FBK.:B155-83
0' /13'2005 14:38 FAX 5082285630
READE Gl1LLI CKSE
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711.3/d~-
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Town of Nantucket
ZONING BOARD OF APPEAL~
RECI3VED
BOAAOOFASSESSOI:E
JUL 1 3 2005
, TOWN OF
NANTUCKET, MA
LIST OF PAAT!.ES IN MEREST fN THE MAnER OF THE PETITION OF
PROPERTY OWNER.... .A:t~:p,~? .1.I;:::[(~k.(.. ,<t.f.T ~ - ~_.o (.
. . .-- '-Jel( ~
MAILrNG AOQR.ESS.~(9, ,g~~~.~.,.. .9~~+.~~:~~~~.,., ,~~~.~~ ..~..~.~!~,?,~~.~, LLP .
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PROPER TY LOCATION.,..,..., ~J...,. ~,1, '.~ fF-... .&.~.,..........,...
AS S ES$ORS MA P/'P A ReEL...,.. ,1:~..~., .~.-::.9. -:i......,..,..........".....
A PPLlCA N"" .~~~,4~ I" 9l},lM~k~.~n to. ~~ry.~~r.. ~ .q~~.~~:,~.., ..L~~.. '.. "......,
SEE A 11 ACHED PAGES
I cc"i fy 'hat th(: foregOing is a list or persons who' are owners or abuM.in~ proPCl't)', owncn Qf '
!lr1d dirtc:ly OP/Xlsite On l1l'ly public or privllc streel or ......y;"lI.nd abutters or the .b\Jller~ and illl
Other IlndL)wners .....itrlln )00 feCI Oftl'1e property line of owner's property, .lllS the)' .ppear On
ine mOsl reCe:rH applicable tlX Ii$! (M.O,L. c. 40A. Section t t Zonlnr Code: Ch'pter J39.
SeC:lion 1)9.290 (2) , .
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ASSESSOR'S OFFICE
Town ofNant\lcker
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