HomeMy WebLinkAbout093-05TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: Jon u a r^ C( ' 200
To: Parties in Interest and.Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.:
Owner/Applicant: qt)o
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,
Q �v 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 42.3.2, Parcel 101 (No plan of record)
49 Fair Street
Residential -Old Historic Deed, Book 400, Page 349
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, December 9, 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 ANN B. MUHLHAUSER, c/o Reade,
Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669,
Nantucket, Massachusetts 02584, File No. 093-05:
2. The Applicant is seeking relief by SPECIAL PERMIT under
Nantucket Zoning By-law §139-33.E(2)(a). The Applicant proposes
to construct an addition to the existing single-family dwelling
upon the locus, with ground cover ratio to exceed the maximum of
30% for a lot of record containing less area than the 5,000
square feet minimum required for the Residential -Old Historic
zoning district under By-law §139-16.A, but not to exceed the 500
maximum applicable to lots containing at least 5,000 square feet
in this district. The dwelling now existing upon the locus has a
ground cover of about 1,338 square feet, and the lot area of the
locus is about 4,518 square feet, for a ground cover ratio at
present of about 29.6°x. The addition proposed by the Applicant
would increase ground cover to about 1,895 square feet, for a
ground cover ratio of about 41.90. The addition would conform to
all applicable setback requirements, and the required one on-site
parking space would continue to be provided. The dwelling upon
the locus is nonconforming as to side yard setback, being sited
as close as about 1.0 foot from the southerly side yard lot line,
with minimum side yard setback in this zoning district being five
feet. The locus is situated at 49 FAIR STREET, Assessor's Map
42.3.2, Parcel 101, is not shown upon any recorded plan but is
described in deed recorded with Nantucket Deeds in Book 400, Page
349, and is within the Residential -Old Historic 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. One neighbor was represented at the hearing by
counsel, who expressed concern about the proximity of the
addition to the neighbor's dwelling. It was noted that the
1
neighbor's dwelling was sited with approximately zero setback
from the common boundary line with the locus. Except for the
presentation by the Applicant's representatives, there was no
other support nor opposition presented at the public hearing.
4. Applicant, through counsel, stated that the plot plan by
Charles W. Hart & Assoc., Inc., dated November 15, 2005, a
reduced copy of which is attached hereto as Exhibit A, shows the
present conditions upon the locus and also the footprint of the
proposed addition. As described above, the Applicant proposes to
construct an addition onto the existing dwelling which would
conform to all dimensional zoning requirements except for ground
cover ratio, and would not affect any nonconformity of the
dwelling as it now exists. The proposed alterations have been
approved by the Nantucket Historic District Commission ("HDC").
Under By-law §139-33.E(2)(a), the Board of Appeals, as special
permit granting authority, has the power to grant a special
permit to allow ground cover exceeding 30%, but not to exceed the
maximum for the zoning district in which the lot was situated,
for a lot of record containing less than 5,000 square feet, where
it finds that the increase in ground cover shall not be
substantially more detrimental to the neighborhood than the
existing nonconformity.
5. Based upon these facts, the Board of Appeals, by
UNANIMOUS vote, made the finding that the proposed alteration of
the garage structure, subject to the conditions herein set forth,
would not be substantially more detrimental to the neighborhood
than the existing nonconformities, and by the same UNANIMOUS vote
GRANTED relief by SPECIAL PERMIT under Nantucket Zoning By-law
§139-33.A, allowing the proposed alteration as requested by the
Applicant, subject to the following conditions:
(a) All work shall be done in substantial conformity
with the plans approved by the HDC under Certificate of
Appropriateness No. 46,834, as may be amended from time to time;
(b) All work shall be done in substantial conformity
with the Exhibit A plan;
(c) No exterior work related to this project shall be
performed between May 15 and September 15 in any given year;
(d) No additional structures may be constructed upon
the locus without further relief from the Board of Appeals; and
(e) The maximum ground cover ratio upon the locus
shall not exceed 42%.
2
(BOA #093-05)
Dated: January // , 2006
Edward S. Toole
Edwa)7,d'C. Murphy
CURRENT ZONING CLASSIFICATION:
Residential Old Historic (R—OH)
MINIMUM LOT SIZE: 5000 S.F.
MINIMUM FRONTAGE: 50 FT.
FRONT YARD SETBACK: none
REAR/SIDE SETBACK: 5 FT.
GROUND COVER % : 50%
EXISTING:
4,5181, $.F., (RECORD PLAN PENDING)
$, E..PIAN. .
$�E. PLAN. .
$EE, PLAN,
$EE. P44N. .
42.NF102 +n
S.R. HOLLAND
r
.
2g.g1 ON ! I N.
42.3.2 43 12.50 2 STY WIF
NIFNG
S. Z. GREEN / ! 1, B 8± S.F.
(COR. BROS.)
PROPOSED �
w ADDITION
557± S.F. y
1000 51.31
00
55,16
OI _
55,16 0
Sill,EET
T WIN
ZONINC BOARD OF APPEALS
SITE PLAN
OF LAND IN
NANTUCKET, MASS.
cHn.F«Es SCALE. 1 20' DATE: NOVEMBER 15, 2005
`• �: Vd
i •i HART
No Owner:ANN B. MUHLHAUSER
Deed/Cert.:..400-439.. Plan: ... NONE... .
as Tax Map: 42.3.2-1.01, Locus: .1 49 .FAIR .STREFT
CHARLES W. HART and ASSOC,, Inc.
Professional Land Surveyors
49 SPARKS AVENUE
Nantucket, Massachusetts 02554
)Hart a AswWoF8K.:3-25 (508) 228-8910
H-6466
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will
be held at 1:00 P.M.. FRIDAY. DECEMBER 9. 2005. IN THE CONFERENCE
ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket,
Massachusetts, on the Application of the following:
ANN R. MiTM MAINWR
ROARD OF APPEALS MY NO. 093-05
The Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning
By-law Section 139-33.E(2)(a). Applicant proposes to construct an addition to the
existing single-family dwelling upon the locus, with ground cover ratio to exceed the
maximum of 30% for a lot of record containing less than 5,000 square feet, but to be less
than the 50% permitted in the Residential -Old Historic zoning district by a grant of
special permit relief The dwelling upon the locus has a ground cover of about 1,338
square feet, and the lot area of the locus is about 4,518 square feet (with a minimum lot
size required of 5,000 square feet), for a ground cover ratio of about 29.6%. The
Applicant proposes to construct an addition which would increase ground cover to about
1,895 square feet, for a ground cover ratio of about 41.9%. The addition would conform
to all applicable setback requirements, and the required one on-site parking space would
continue to be provided. The locus is also nonconforming with the dwelling being sited
as close as about 1.0 foot from the southerly side yard lot line, with minimum side yard
setback in this zoning district being five feet.
The Premises is located at 49 FAIR STREET, Assessor's Map 42.3.2, Parcel
101, no plan on record, Deed Ref. 400/439. The property is zoned Residential -Old -
Historic.
6�aj (0, mt�,,
Dale Waine. Chairman
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
FEE: $300.00 CASE NO�OS
APPLICATION FOR RELIEF
Owner's name(s): Ann B. Muhlhauser
Mailing address: c/o Reade, Gullicksen, Hanley & Gifford, LLP _
Applicant's name(s): Same
Mailing address: 6 Young's Way, Post Office Boz 2669, Nantucket, Massachusetts 102584
Locus address: 49 Fair Street Assessor's Map/Parcel: 42.3.2-101 (No plan of record)
Date lot acquired: 10/28/92 Deed Ref.: 400-349 Zoning District: ROH
Uses on Lot - Commercial: None z Yes (describe)
Residential: Number of dwellings 1 Duplex Apartments Rental Rooms
Building Date(s): All pre -date 7/72? z or C of O(s)?
Building Permit Nos:
Previous Zoning Board Application Nos.:
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 special Permit under Nantucket Zoning By-law §139-
33.E(2)(a), to authorize the construction of an addition to the existing
dwelling upon the locus, with ground cover ratio to exceed the maximum of 30%
for a lot of record containing less than 5,000 square feet, but to be less
than the 50% permitted in the Residential -Old Historic zoning district. The
pre-existing dwelling upon the locus has ground cover of about 1,338 square
feet, and the lot area of the locus is about 4,518 square feet, for a ground
cover ratio of about 29.6%. The applicant proposes to construct an addition
which would increase ground cover to about 1,895 square feet, for a ground
cover ratio of about 41.9%. The addition would conform to all applicable
setback requirements, and the required one on-site parking space is provided.
The dwelling is nonconforming as to side yard setback, being sited with
setback of about 1.0 foot from the southerly lot line, with minimum side yard
setback in this zoning district being five feet.
I certify that the information
knowledge, under the pains?
SIGNATURE• &
(If not owner or owne s attorney,
herein is substantially complete and true to the best of my
-s of perjury.
L
enclose proof of
Applicant Attorney/Agent z
to bring this matter before the Board)
FOR Z OFFICE USE
Application received on: / /CJ By: Complete: [/ Need copies?:
Filed with Town Clerk: /1� _ B
Fee deposited with Town Treasurer:/ 2 � y:W ivpr requested?:. ranted:
Hearing notice posted with Town Clerk:/1/Mailed:/R- 4� f& M: /1 & ��2G /d
Hearing(s) held on: /_/_ Opened on: _/_/_ Continued to: / /_Withdrawn?:_/_%
DECISION DUE BY: _/_/_ Made: _/_/_ Filed w/Town Clerk:—/—/_ Mailed:_/_/
DECISION APPEALED? / / SUPERIOR COURT: LAND COURT Form 4/03/03
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DATE PARCEL DATE PARCEL DATE PARCEL
EGEND
53.4.1-5
35.4.1-3
35.4.1-I /1111 it Town and
NANT-uj
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m(assach
INFORMATION SHOWN HEREON WAS
PHOTOGRAPHS, DEEDS,
••ow,w[
'`a1i In�R11
COMPILED FROM AERIAL
° ~
AND PLANS OF RECORD AND IS NOT TO ,E
106
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CONSTRUED AS HAVING SUFFICIENT ACCUR.
ACY FOR CONVEYANCE.
CURRENT ZONING CLASSIFICATION:
Residential Old Historic (R -OH)
MINIMUM LOT SIZE: 5000 S.F.
MINIMUM FRONTAGE: 50 FT.
FRONT YARD SETBACK: none
REAR/SIDE SETBACK: 5 FT.
GROUND COVER % : 50%
EXISTING:
SEE. FLAN. .
SEE PLAN
SEE_ PLAN
(RECORD PLAN PENDING)
1-
42.3.2-102 n
N/F
S.R. HOLLAND \
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12.50 29 Yr EXISTING 1
42.3.2-43 - _ 2 STY W/F
N/F / // BUILDING
S. Z. GREEN / 1,338± S.F.
(COR. BRDS.)
PROPOSED
C ADDITION - �1
557± S.F.51 31
N
y 6°
55.16 0
T
TWIN S Tlq,.E.E
ZONING BOARD OF APPEALS
SITE PLAN
OF LAND IN
NANTUCKET, MASS.
SCALE. l-- 20' DATE. NOVEMBER 15, 2005
Owner: .. ANN . B. MUHLHAUSER . . . . . . . .
Deed/Cert.:..40Q .439.. Plan: NQ�lE.. .
ff'-�5"•-p?r 4
Tax Map: 42.3.2-1.01 Locus:. FAIR STREET
Hart & Associates Inc.
CHARLES W. HART and ASSOC., Inc.
Professional Land Surveyors
49 SPARKS AVENUE
Nantucket, Massachusetts 02554
FBK.:3-25 (508) 228-8910 H-646
11/04/2005 13:47 FAX 5082285630
po
READE GULLICKSE
Town of Nantucket
��1IN $ ARfj F wPPiP
ALS
Z001/001
to/►•f
RECEIVED
BOARD OF ASSESSORS
OCT 4 2005
LIST OF PARTIES rN INTEREST IN THE M^
TIER OP' 711E PETT?'ION OF
PROPERTY OWNER ....... /l
1LMG Ap4RESS...F/,o Rrade
GulZirksen, Hanley & Giffo
' ` ' • � ... ..,.......rd ►LLP
PROPERTY LOCATION..,._, fr ,
ASSESSORS MAPIPARCEL...... ....... 4a.3, �� ��
...
APPLICANT,.Reade . .
►. Gullicksen� Hanley &
ford L
..�....... .. ,
SEL ATTACHED PAGES
TOWN OF
NANTUCKET, MA
I .nd fy that the foreYoinY is s list of persons whoare owneR of abuct'
land dircctlY oPPositc on any public or Private street or wa ow
other landowners within 300 feet of the roe �g rorty' utter$ of
Y'�+td abutttra of the abutters end all
the most recent applicable tax list p P Itne of owner'
Section 1.19-29D (Z) pr
e. g4rOA.ty Section I 1 Property all as they appea., on
Zoning Code Chapter 139.
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: January 12, 2018
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To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No.:
Prior Owner:
Applicant/Current Owner
Property Description
093-05
ANN B. MUHLHAUSER
ANN B. MUHLHAUSER & CRAIG D. MUHLHAUSER
49 Fair Street Map 42.3.2 Parcel 101
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 Nantucket Superior Court or 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.
Eleanor W. Antonietti,
Zoning Administrator
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
508-325-7587.
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 42.3.2, Parcel 101 Book 1622, Page 338
49 Fair Street Plan No. 2009-08
Residential Old Historic (ROH)
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, December
14, 2017, at 1:00 P.M., in the First Floor Community Room of the Public Safety Facility at Four
Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the
request for RESCISSION by ANN B. MUHLHAUSER, c/o Rhoda H. Weinman, Esq., 36
Centre Street, Nantucket, Massachusetts 02554, File No. 093-05:
2. Applicant is seeking to rescind and vacate prior SPECIAL PERMIT ("Decision") granted
to Ann B. Muhlhauser on December 9, 2005 to allow an expansion of a pre-existing
nonconforming dwelling subject to a condition that the overall ground cover ratio not exceed
42%. The relief is now obsolete due to an amendment to Section 139-33.E of the Zoning By-law
(Article 65; 2014 Annual Town Meeting) which permits a maximum 50% ground cover ratio
upon the premises as a matter of right. The Locus is situated at 49 Fair Street, is shown on Tax
Assessor's Map 42.3.2 as Parcel 101, and upon Plan No. 2009-08. Title to the premises is
currently held by Ann B. Muhlhauser and Craig H. Muhlhauser by virtue of deed recorded at
Book 1622, Page 338 on file with the Nantucket Registry of Deeds. The site is zoned
Residential Old Historic (ROH).
3. Our decision is based upon the application and accompanying materials, representations,
and testimony received at our public hearing. There was no Planning Board recommendation, on
the basis that this matter is not of planning concern, and no opposition to the request.
4. Applicant's representative explained the request to rescind Board of Appeals SPECIAL
PERMIT Decision File No. 093-05 and recorded at Book 1004, Page 150 with the Nantucket
Registry of Deeds. The Special Permit was issued in 2005, before passage of Article 65 at the
2014 Annual Town Meeting which revised the language in By-law Section 139-33.E.
Prior to change in the by-law and in 2005, the provision in Section 139-33.E (2)(a) read:
Any increase in area, frontage, width, yard or depth requirements shall not
prohibit an unimproved lot from being built upon for single- and two-family
residential purposes provided that:
2
[... I
For a lot within the provisions of this § 139-33E, the maximum ground cover
upon such lot shall be:
In the case of a lot containing less than 5, 000 square feet, 30% of the area of the
lot; provided, however, that the special permit granting authority may grant a
special permit to allow ground cover not to exceed the permitted ground cover
ratio in the zoning district where such lot is situated. Said special permit shall
require a finding that such increase in permitted ground cover shall not be
substantially more detrimental to the neighborhood than the existing
nonconformity.
The current By-law— now known as Section 139-33.E(l)(a) — reads:
For a lot within the provisions of this § 139-33E, the maximum ground cover upon
such lot shall be:
In the case of a lot containing less than S, 000 square feet, 30% of the area of the lot
or the amount determined in accordance with the maximum ground cover ratio
requirement for the zoning district in which the lot is situated, whichever is greater.
5. The most recent As -Built entitled, "Mortgage Inspection Plot Plan; #49 Fair Street in
Nantucket, Massachusetts", dated November 29, 2017 and prepared by Nantucket Surveyors,
LLC, attached herewith as "Exhibit A" shows a lot area of 4,463 square feet. The 2005 Decision
Exhibit Plan showed the lot to contain 4,518 square feet. A notation thereon next to MINIMUM
LOT AREA reads "Record Plan Pending". The Record Plan was finalized in 2009 and filed as
Plan No. 2009-08. The surveyor explained the discrepancy in lot area from the original
compilation plan upon which the Special Permit was based. The result of this discrepancy is that
the overall ground cover is slightly higher (42.2%) than that allowed in the Decision by virtue of
a condition that the ground cover not exceed 42%. Pursuant to the above -referenced change in
the By-law, 50% ground cover ratio is allowed by right in ROH.
6. Therefore, based upon the application materials and testimony received at the public
hearing, the Board finds that the 2005 SPECIAL PERMIT encumbering the locus is no longer
required and herewith rescinds and vacates said Decision. Specifically, the ground cover of the
dwelling is conforming as to the provisions of the By-law and, as such, in compliance therewith.
No evidence was presented to support the need for relief for waivers from any sections of the
Zoning By-law.
7. Accordingly, by UNANIMOUS VOTE of the sitting members of the ZONING BOARD
OF APPEALS, the Zoning Board of Appeals GRANTS the RESCISSION of previously issued
SPECIAL PERMIT decision in File No. 093-05.
3
Assessor's Map 42.3.2, Parcel 101
49 Fair Street
Residential Old Historic (ROH)
Dated: December 14, 2017
County of Nantucket, ss
Book 1622, Page 338
Plan No. 2009-08
COMMONWEALTH OF MASSACHUSETTS
On the � day of 38k)(JaVIV , 2018,_before me, the undersigned notary public,
personally appeared ar_ , one of the above-named
members of the Zoning Board of Appeals of Nantucket, Massachusetts, personally known to me
to be the person whose name is signed on the preceding document, and acknowledged that he
signed the foregoing instrument voluntarily for the purposes therein expressed.
DORIS C. STRANG
(06 ffic Ya lSignature and Seal of Notar Public Notary Public
My commission expires: 10 uj20�, Commonwealth of Manachueelta
Commission Expires Oc OW 0.2020
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