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Home My WebLink About012-02 -- TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: ApY" '( 9 , 20ClL To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: ()J~-Od- Owner/Applicant: :To ("0 0> 11.I1e - C( 'r/{{Q rn -e /501 he t""j 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. ~\ ~~!-~Jy APIl0-j se 1 f1Si ehairman 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 LUG-3 30 Wauwinet Road L.C. Plans Nos. 6283-M and 6283-T Deed Ref. Cert. of Title 20,032 Assessor's Map 20 Parcels 18 and 19 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M. Friday, February 8, 2002, in the Conference Room, Town Annex Building, 37 Washington Str~et, Nantucket, Massachusetts, on the Application of JACQUELINE CIRILLO MEISENBERG, c/o Patricia A. Halsted, Attorney, Four North Water Street, Nantucket, Massachusetts 02554, Board of Appeals File No. 012-02, the Board made the following Decision: 2. Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-Law Section 139-33A (alteration/expansion of a pre-existing nonconforming structure/use). The Locus currently contains a said to be pre-existing single-family dwelling, which is being demolished or removed from the Locus. The existing foundation would remain and a new single-family dwelling constructed on it that would be about two (2) feet higher. Applicant also proposed to construct an exterior chimney, which would encroach about two (2) feet into the required 35-foot from yard setback area, but no closer to that lot line than the existing house which is sited as close as about 24 feet. The Applicant also proposes to create a new unenclosed front porch area with new steps that would encroach approximately nine (9) feet into the required front yard setback area. With the raising of the height of the structure, extra steps would be required to gain entry into the house. The existing stairs encroach about 11 feet into the front yard setback area and the new stairs would reduce said encroachment. As part of the project, a rear porch area would be expanded but would meet all setback requirements. The Locus would continue to conform wi th ground cover requirements. The building envelope on this Lot appears to be constrained by existing wetlands. In the alternative, Applicant is seeking relief by VARIANCE under Nantucket Zoning By-Law Section 139-16A to complete the project as proposed. The Locus is also nonconforming as to lot area with the Lot containing about 27,348 square feet of area in a district that requires a minimum lot size of 120,000 square feet; and as to setbacks, in addition to that specified about, with the dwelling being sited as close as about 17.8 feet from the southerly side yard lot line, in a district that requires a minimum side and rear yard setback of ten (10) feet for lots of record. -- The Premises is located at 30 Wauwinet Road, Assessor's Map 20, Parcels 18 and 19, Plan Book 14, Page 31. The property is;; zoned LUG-3. 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 as the matter was not of planning concern. There were no letters received from abutters. One abutter at the hearing expressed concern about parking on the Premises. 4. The Applicant, through counsel, represented that the existing lot of record and structure pre-dated the enactment of the 1972 Zoning By-Law and thus is grandfathered as to lot size, and setbacks. The Locus conforms to ground cover and parking requirements. Applicant proposes to remove the existing single- family dwelling from the Premises and construct a new single- family dwelling on the existing foundation. However, due to the presence of a substantial wetlands area on the Locus, and the fact that a full basement would be constructed under the structure, the new dwelling would have to be raised up approximately two (2) feet higher than the existing dwelling, while staying below the maximum ridge height of 30 feet allowed under the Zoning By-Law. Due to the increase in the height of the new house, the new un-enclosed front porch would require additional front steps to provide access. The existing steps are sited as close as about 24 feet from the front yard lot line. The new relocated front steps would be sited as close as about 26 feet, reducing the setback intrusion as it pertains to the steps by two (2) feet, while not being possible to remove them from the required 35-foot front yard setback area. An exterior chimney would also be constructed on the southerly side of the new structure that would be sited within the front yard setback area, though coming no closer to that lot line than the existing structure or new structure. The Locus would continue to meet ground cover requirements. Due to the foundations existing siting within fifty feet of a wetland and the resulting limited building envelope, the new house cannot be moved to a location that would be outside of the front yard setback area. The conforming southerly side yard setback distance of about 17.8 feet will be maintained. The existing entry stairs, located on the northeasterly corner of the structure at about 24 feet from the front yard lot line, would be reconstructed on the northerly side of the structure and no closer than about 26.5 feet, which would be the front yard setback distance of the main wall of the new dwelling. Other decks and steps would be constructed outside of the required setback areas. The existing ground cover was about 1,000 square feet and the new ground cover would be the same. -- 5. Based upon the foregoing, the Board finds that relief by Special Permit is not available to remove/demolish and reconstruct a single-family dwelling within the required front yard setback area. Therefore, the Board finds that relief by Variance is appropriate in this case and that owing to circumstances relating to the soil conditions, i.e., the presence of immediately abutting wetlands and limited building envelope, shape, i.e., with the Locus having an irregular shape, and topography, i.e., the existing siting of the remaining foundation and change in grade of the Locus, and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provision of this Zoning By-Law would involve substantial hardship, financial or otherwise, to the Applicant, and allowing the encroachments into the front yard setback, which would be no greater than the existing structure, would not cause substantial detriment to the public good and the desirable relief may be granted without nullifying or substantially derogating from the intent or purpose of the Bylaw. The Board expressed concern about the parking and access issues, particularly the possibility of forcing vehicles to back out onto Wauwinet Road. The Board asked that the Applicant make every effort to provide a parking situation that would not require vehicles to back out onto said road, and provide a turn- around on the Lot, while not making this a condition for a grant of relief. 6. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested relief by VARIANCE under Nantucket Zoning By-Law Section 139-16A to allow the removal/demolition and reconstruction of a single-family dwelling as proposed within the front yard setback area. The grant of relief is based upon the following conditions: (a) The reconstruction of the new single-family dwelling shall be done in substantial conformance with the Certificate of Appropriateness No. 39,298, as granted by the Historic District Commission, as may be amended; (b) The existing foundation shall be used in the reconstruction of the new single-family dwelling and remain in its present configuration; and ( c) The conformance with dated January 28, which is attached alterations shall be done the plan, done by Charles W. 2002, marked as Exhibit A, a hereto. in substantial Hart & Assoc., reduced copy of (012-02) Dated: April !L, 2002. Edward Toole Fa ;0 67 --n )~ :J:>> - =E:c" ;g j :z: .~-. cb , n .. ("") ;~ r l ." fT\ -0 , ;0' - J:=;. >--__c ~ !b-~'.,.'~""" ",",. ,,' .' .- , .~:I~J~":"t'I . , _....,~,.. \ i . . - I I I ~ i I ~ ~~H:t~ I I I ~ "io~~~~ ~ .. :1~~ )0 );,.'" I ~ !I " ~.,," l:S ). "l'! ~ l" II I> !: .. ~ ~ - ! ~I !;; , .. ~ .. " .. .. <> I ~ I r~ to (')CI.~ ~ t ~, ~ '" () () I 0"1 , () () !rl I r :1n 00 .. I ~~ :. I II' ~ II' II' Ii' Ii' Ii' ."- Ii' .'I.'L' ,leu Ii' ... ~ ,.. . r.~ ~% <1~ l" ill -- \ ~}o 1',..' ..~ f:'!!1 ~ -- ... \ n : ~ -1 . --- -- ,,'18 - I. a II ~ ~I ~ . 'S... 1Ol"" tl~ -' · i!~ ~ ~ ~ o ~~~[l ~ · ~ ~;~t! I ~ 1ft ~ J ~ ~~ ~~ ~ ~ ~ ~ ~ ~ ~ bll3:ll~ ~ ~ ~ I a!o!~~~ ~ ~ ~ ~I~ ~ ~ ~ ~ ~ ~ ~ ~ ~ !J3 ~ ~ ~ :r: ~ ~ ; I ~ I .1 ': ~"'P:"""lIl' .. ~ J:ff N I 1I1.fl V 111. - . II. \.C.C. -.... ~ ~ _--............~_...~-...-- . :~f., TOWN OF NANTUCKET . BOARD OF APPEALS NANTUCKET, MASSACHUSBTfS 02554 NOTICE A Public Hearing of the N1\NTUCKET WNING BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, FEI!!l1I.ARY 8, 2002, IN THE CONFERENCE ROOM, TOWN ANNEX-BUILDING, 37'Washington-Street, Nantucket, Massachusetts, on the Application of the following: JACQUELINE CIRILLO MEISENBERG BOARD OF APPEALS FILE NO. 012-02 Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw Section 139-33A (aherationlextension of a pre-existing nonconforming structure/use). The Locus currently contains a said to be pre-existing single-family dwelling, which is being demolished or removed from the Locus. The existing foundation would remain and a new single-family dwelling constructed on it that would be about two (2) feet higher. Applicant also proposes to construct an exterior chimney, which would encroach about two (2) feet into the required 35-foot front yard setback area, but no closer to that lot line than the existing house which is sited as close as about 24 feet. The Applicant also proposes to create a new unenclosed front porch area with new steps that would encroach approximately nine (9) feet into the required front yard setback area. WIth the raising of the height of the structure, extra steps would be required to gain entry into the house. The existing stairs encroach about 11 feet into the front yard setback area and the new stairs would reduce said encroachment. As part of the project, a rear porch area would be expanded but would meet all setback requirements. The Locus would continue to conform with ground cover requirements. The buildjng envelope on this Lot appears to be constrained by existing wetlands. In the alternative, Applicant is seeking relief by VARIANCE under Nantucket Zoning Bylaw Section 139-16A to complete the project as proposed. The Locus is also nonconforming as to lot area with the Lot containing about 27,348 square feet of area in a district that requires a minimum lot size of 120,000 square feet; and as to setbacks,...!!]- ~<iiti(mJ() that, specifieclaboverwith-the dwelling being sited as close as aoout i'ff feet from the southerly side yard lot line, in a district that requires a minimum side and rear yard setback often (10) feet for lots of record. The Premises is located at 30 WAUWINET ROAD, Assessor's Map 20, Parcels 18 and 19, Land Court Plan Nos. 6283-M and 6283-T. The property is zoned Limited- Use-General-3. ~ Nancy J. S TInS NOTICE IS AVAILABLE IN LARGE PRINT R TIlER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR' FURTHER INFORMATION. ~~-'; ~r:?: . ,~f':: ::BoA Form r.::': .' .. 1-89 NANTUCIET ZOUXHG BOARD O~ APPEALS ':Q\Ol JUm COWTY BUXx.pXUG murrUCIET, HA 02554 CASE Date HoOt 2. t):t- .j" APPLY CAT YON POR RELYEP Owner's name(s): Jacqueline Cirillo Meisenberq (~~. t' Hailing address: 58 Taunton Road, Scarsdale. New York 10583 t., " Applicant's name: Same Hailing address: Same Location ot lot: Assea,~rl~ map and parcel number ~_18 and 19 street ad~ress: 30 Wauwinet Road L.C. Plans 6283-M 22 and Registry Land 'ct 'Plan, ~l~n Bk & Pg or plan File h?R~_~t~ ; Date lot acquired:...2/WQ.1. De~d Ret ~5h zoning dist.rictLUG-3 Uses on lot - .co~eroial:'None!- or MCD?___ _ number ot: dwellings~ duplexJL- apartments-lL rental rooms~ Buildingdate(s): all pre-8/72? ~ or C ot O?~ Building Permit appl'~. Nos. 30-72 and 803-98 Case Nos. all.SoA ~~plications, lawsuits: None. state tully all 2foning'reliet .ougbt and r.speotiv. Cod. s.ctions and subsections, speo1tioally wbat you propose compared to present and wbat grounds you urge tor BoA to make eacb tinding per section l39-32A __ i~ Variance, l39-JOA it a special p~rmit(and 139-33A ~ it to alter or extend a noncon?orming use). It appoal per 139-32A ~ B __ , attacb decision or orderI appealed. OK to attacb eddendum . See Addendum A attached hereto Items enclosed as part ot this Applioation: order1 addendum2____ Locus map x site plan x showina present x +planned structuiles Floor planspresent -pi=oposec;\..!. elevat10ns (Ho~pproved? --). Listings lot area x--?rontage X setbac~ X GCR~ parking data Assassor-oertitiea-id~rasse~ IIit 4 satsx maillng labols 2 seti[: 1200 tea payable to 'l'own ot Nantuoket x proqt3 T oap' oovenant (It an appeal, ask To"m cl.rk ,to ..na1ildg Comr I s rec~rd to BoA-:-r- I certity tbat tbe requested intormation submitted is substantially compl.t. and true to tb. be.t ot my knowledg., und.r tbe pains and penalties ~erjury. SIGNATURE: ~ d.J.J~ I ~1!-pplicant ___ Attornoy/a:gent x 3(It not o~n.r 9r ownQr's attQrney, .nolose proot ot 'authority) 2 ::0 -; z m C~) c- :?: ,.~-,.. :J:>> -~J :r; --, :z '--1 n ..-- ~ ~ c: _.- - - l't-<-j -0 ?) {- ~ m ~- .- a 0 <<::) FOR BoA grFICE USE Appllcotlon coples rec'd: 4_~___ tor BoA on~Y~ One copy tiled with Town Clerk on~~ ~ co~~lete? ~ On. copy eoon to Plonnln~ .d ond Buildlng D.Pt~~Y IA~J $200 tee check given 'rown Treasurer on~y , 'waived?___' Searing notic. pOfJtedld~ill-aailed.L.;'W~& M.iJ?lJ~.L;3J..;.aL Seu.1nq(.) on-l-l_ oont',j to-l....l__, -1-1_ witbdrawn?JJ__ oecision due by -1-1_ tAad.-1....1_ tiled 'l'C..../ J _ mdlecl.,.J J - Ste related oa..s ' lawsuit. other 01/23/2002 12:59 51382280468 P HALSTED 2 PAGE 01 Addendum to the Application of Jacqueline Cirillo Meisenber9 Applicant is seeking relief by Special Permit under Nantucket Zoning Bylaw Section 139-33A (alteration/expansion of a pre-existing nonconforming structure) . The Premises consist of one single-family, pre-existing, non-conforming dwelling, which predates the 1972 enactment of the Zoning By-law. Applicant proposes to remove the pre-existing, non-conforming wood frame dwelling from the existing concrete foundation. The existing foundation will remain in its present configuration due to wetland constraints. The dwelling is surrounded by wetlands making it impossible to move the dwelling out of the setbacks. Applicant is also seeking the necessary approvals from the Nantucket Conservation Commission and Nantucket Historic District Commission. As part of the overall project, Applicant intends to rebuild the dwelling in essentially the same configuration but build it approximately 2 feet taller. Applicant also proposes to add an exterior chimney, which will encroach approximately 2 feet into the front yard setback, and replace the entry porch with an unenclosed porch with new steps that will encroach approximately 9 feet into the front yard setback. New steps will be required with the raise in height of the structure. Currently there are side stairs that turn into the front yard and encroach approximately 11 feet into the front yard setback. These stairs will be reconfigured so as to be less intrusive in the front yard setback. Applicant will also be expanding the existing back porch however rear yard setback requirements will be satisfied. In the alternative, Applicant is seeking relief by VARIANCE to the extent necessary, under Nantucket Zoning Bylaw Section 139-16A (Intensity Regulations-setbacks) to allow encroachment into the required 35-foot front yard setback area. Due to circwnstances relating to, the soil conditions and topography of the Premises a literal enforcement of the setback requirements would involve substantial hardship to the Applicant. The dwelling is nonconforming as to lot area, having an ,area of about 27,348 SF, in a district that requires a minimum lot size of 120,000 SF. The dwelling is also nonconforming as to setbacks being sited at about 24 feet at its closest point from the easterly side of the front yard lot line, in a district that requires a minimwn front yard setback of 35 feet. The dwelling is sited at about 17.8 feet at its 01/23/2002 12:59 5082280468 P HALSTED 2 PAGE 02 closest point from the southerly side of the side yard lot line, in a district which allows 10 feet for this lot of record otherwise a minimum side yard setback of 20 feet is required. The Premises is located at 30 WAUWINET ROAD, Assessor'S Map 20, Parcels 18 and 19, Land Court Plan Nos. 6283-M and 6283-T. The property is zoned Limited-Use General-3. ~ .. ~ .2STV 10/'1' ~ (PW~...uJIV~ ~ -':J ~ ~ c . I( ~ .. N) " ~, ~ , . 8/.5,3 ZONING CLASSIFICATION: , ~.q <; -;- :3 /;GO OOr-! r ~ MIN, AREA: , , , . . , . . "-!> . Y'. oJ./. MIN, FRONTAGE; . . , . , .""';j~-;F fRONT YARD 5,8,; , . , , , ,~-r. . ROO & SIDE 5.8,; . , ,;<X(-/(J, r.=r: GROUND COVER (r.): , . , , , .3. .% EXISTING: , B?:lf'8::t:S.;::- . %....;. 9g, A"/" ,~. -.o<"-<'({V H . . . . . . . . . ,. ;:ZO - ZO j.///" ..:r: -r: -<.A.X13 77? g~.<:..? I I /20-2'1 K/r A,...S. (.) /Vk:/li t\.. ().. ~ r-..:. . I , I ~ ~ \3 - -' " f ;::0 --ZS IV/;:=- /V,;{)v'TUQ(,..f.- T COAf..se-RIV( 770N' FOc.//'v:Or{//ON TO; ;;'f/.0/(;(:,t? <^-(~/,.7.e.-;(~4I . . . . . . . . .. . . .,)A('qUK~.../ A/-c C//?/.u:..t:J - ..11e:'/S,O.('8..e:-,e ~ I CERTIFY, TO THE BEST OF UY KNOWLEDGE. WAT THE PREMISES SHOWN ARE LOCATED IN flOOD HAZARD ZONE: g~..DEUNEATED ON f.l.R.lA. / COWlUNI1Y PANR NUMBER: 250230-oo,...3..~ BY THE FmERAL DAERGENCY UANAGDAOO AGENCY. EFFECTIVE DAn: OF lW's: JUNE 3, 1986, AND 1<S PERIODICAllY REVISED. THIS PLOT PLAN WftS PREPARED fOR MORTGAGE PURPOSES ONLY AND IS NOT TO BE CONSIDERED A fULL INSTRUMENT SURVEY. THIS PLAN SHOULD NOT BE USED TO ESTABUSH PROPEK!Y UNES, fENCES, HEDGES OR AN( ANCILLARY STRUCTURES ON 'THE PREMISES, 'THE PROPERTY UNES SHOWN RElY ON CURRENT DEEDS AND PlANS Of RECORD. 11./15 PLOT PLAN IS NOT A CERTIFlCATION ftS TO THE TInE OR OWNERSHIP OF THE PROPERlY SHOWN. OWNERS Of' ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT ASSESSOR RECORDS OF 'THE TOWN OF NANTUCKET. N + , . . ~ ~ '" d ~ I ~ , / , . , C) \) t<\ \) ...... MORTGAGE PLOT PLAN OF LAND IN NANTUCKET, MASS. SCALE: 1"..ftJ I DATE:~" ;Za:?/ Owner: , ~~i:" AK/I(~, .PA~. . . . . Ce"'AtT." 9/~3 ~J:.'-Z83-T.a;frJ9 Deed:~~ .~S'3o. , Plon:..(,.C\~..e6'.3;-I'14'r...e.e Tax Mop: W.- /8rl.7. ' Locus: v..a~.e;T.~ CHARLES W. HART & ASSOCIATES, Ine, SANFORD BOAT Bun.DING 49 SPARKS AVENUE NANTUCKET. MASS. 02554 (508) 228-8910 H-~/~ I" JnR ~",p NOT TO BE RECORDED. ~ r, ~ ,-.. ~"JVr-D '-'".. 'tjc t: BJ"\;', qn (',c; AS'SESSORS ~~--". -;. ,~..J t..J ~ TOWN OF NANTUCKET ZONING BOARD OF APPEALS DEe 2 0 2001 TOWN OF NANTUCKET, MI. LIST OF PARTIES IN INTEREST IN TIIE MATTER OF TIIE PETITION OF PROPERTY OWNER:. .~~.~~.~~.~~,l!~.. ,~.~.~.~. ~.~,?. .~~~,~.~??~.~~.., ,.........', MAILING ADDRESS:..~~...~.~~?:~~,~...~~.~?~....~~.~:r:.~?~~.~.~...~.~~...?:,<?~k 1 0583 PROPERTY LOCATION :J~...~~.~Y?,~.~.~t...R9.~q....,..... ............, ............. ...... ASSESSORS MAPIP ARCEL:.. ~~.~.. ,?, ~ ,~....~ ~~~~. ~ ,~,...~,~.. .~~.?,' .~.~.......,..... S UBMITIED BY:.~ ~.~:r:. ~ ~.~~...~.~... .l!~.~. ~,1;;~.~!,.. .~.1;; ~~;-~~Y....................,.. SEE ATTACHED PAGES I certify that the foregoing is a list of persons who are owners of abutting property, owners of land directly opposite on any public or private street or way; and abutters of the abutters and all other land O\\TIers within three hundred feet of the property line of owner's property, all as they appear on the most recent applicable tax list. (M.G.L. c, 40A, Section 11 Zoning Code Chapter 139, Section 139-29D (2) ). ......1 a.l ao tOl........ m.. DATE ....Ld((~J:kJr ASSESSOR'S OFFICE TOWN OF NANTUCKET f-' tv '-. tv ..2:.., tv o tJ tv tv t..J IV lV o 0 0 0 0 0 '" '" s:: o 0 PI 'tl tJ:t O'\U1WWtvNtvQ) t'4 \Dt..J~tvU1.e:..O 0 rt VJ VJ "" "" "" 'tl 3: s:: :<l o H ~ ~ H 0< {/.l : ~ ~ $l tzJ :<l 'tl >' :: "!I tzJ "!I ~ >i :<l {/.l CD 11I ~ ..... '" '" ... ... 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