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Home My WebLink About052-02 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, JULY 12,2002, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application ofthe following: DIXON R. BROWN, AS TRUSTEE OF WINDY POINT TRUST BOARD OF APPEALS FILE NO. 052-02 Applicants are seeking reliefby SPECIAL PERMIT under Nantucket Zoning By-Law Section 139-33A (alteration/extension ofa pre-existing nonconforming structure/use). To the extent necessary, Applicants are also seeking a MODIFICATION of the Decision in BOA File No. 058-85 to allow completion ofthe proposed project and to have the Board remove the restriction that there be no cooking or eating in the structure. Applicants are proposing to alter and expand an existing accessory building, which contains a garagelboat storage space on the first floor and a bedroom and bathroom on the second floor. Said structure and uses are now existing pursuant to the relief granted by the Board of Appeals by Special Permit in File No. 058-85. Applicants propose to add another bedroom and bathroom on the second floor, for a total of two bedrooms and two bathrooms in the structure. Two additional dormers would be constructed, one situated partially within the front yard setback area, though sited no closer than about four feet from the front yard lot line, without expansion of the footprint, and without coming any closer to lot lines than the existing structure. In addition, exterior stairs would be constructed for access to the second floor, with the closest point of the stairs to be about four feet from the front yard lot line along Hulbert Avenue. The subject garage is nonconforming as to front yard setback with the structure being sited as close as about one foot from that lot line in a district that requires a minimum front yard setback often feet. See also 029-02, which was withdrawn without prejudice. The Premises is located at 5 HULBERT AVENUE, Assessor's Map 29.2.3, Parcels 4 and 5, Land Court Plan 10221- A. The property is zoned Residential-I. THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER AL TERNA TIVE FORMATS. PLEASE CALL (508) 228-7215 FOR FURTHER INFORMATION. { Zv:Zld SZ Nnr a3l\13~3t1 BOA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 June 5. 2002 Date CASE NO.~~2 APPLICATION FOR RELIEF Owner's name(s}: Dixon R. Brown. as Trustee of Windy Point Trust Mailing address: c/o Reade. Gullicksen. Hanley & Gifford. LLP Applicant's name: Same Mailing address: P. O. Box 2669. Nantucket. Massachusetts 02584 Location of lot: Assessor's map and parcel number 29.2.3-4 and 5 Street address: 5 Hulbert Avenue Land shown on Land Court Plan 10221-A. and adlacent unreaistered land Date lot acquired: 12/13/82 Cert. of Title No. 10332; deed. Book 196. paae 210 zoning district R-1 Uses on lot - commercial: None ~ or MCD? _ number of: dwellings ~ duplex__ apartments__ rental rooms Building date(s): Main dwellina pre 8/72; aaraae and studio, 1985 C of O? Yes. for main dwellina alterations; none required for aaraae/studio structure Building Permit appl'n Nos. 4239-85 (main dwellina alterations) ; 4369-85 (aaraae and studio) Case Nos. all BoA applications, lawsuits: 058-85; 029-02 (withdrawn) State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grounds you urge for BoA to make each finding per Section 139-32A __ if Variance, 139-30A ~ if a Special Permit (and 139-33A ~ if to alter or extend a nonconforming use) If appeal per 139-31A & B __, attach decision or order1 appealed. OK to attach addendum2 See the attached addendum. Items enclosed as part of this Application: order1__ addendum2 ~ Locus map ~ Site plan ~ showing present ~ + planned ~ structures Floor plans present __ proposed __ elevations ~(HDC approved? ~) Listing lot area ~ frontage ~ setbacks ~ GCR ~ parking data ~ Assessor-certified addressee list 4 sets ~ mailing labels 2 sets x $200 fee payable to Town of Nantucket __ proof' 'cap' covenant __ l(If an appeal, ask Town Clerk to send Bldg Comr's record to BOA.) I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of pe~:~. SIGNATURE: ~ ! ~l Applicant __ Attorney/agent ~ '(If not owner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE Application copies rec'd: 4~or {O~BOAon~~bY ~ One copy filed with Town Clerk on ~/~~y omplete~ One copy each to Planning Bd and BUildi~D~P.t; ~- by {€.l.LLJ $200 fee check given To~~asurer on /~y ~aived? Hearing notice poste{a...@jC!{....:mailed 0- 3....1:tl!i & M 't tt 2/ 3~ Hearing(s) on __/__/__ cont'd to __/__/ __/__/__ withdrawn? __/__/__ Decision due by __/__/__ made __/__/__ filed TC /__/__ mailed __/__/__ See related cases lawsuits other zoo F, \WpH\Heinz\ Teresa\Windy Point ZBA APP. doc ADDENDUM TO APPLICATION OF DIXON R. BROWN, TRUSTEE OF WINDY POINT TRUST The applicant proposes to alter the existing structure containing a garage and boat storage space on the first floor with bedroom and bathroom on the second floor, as now existing pursuant to the relief granted by the Board of Appeals by Special Permit for alteration of the pre-existing nonconforming structure in File No. 058-85, by adding another bedroom and bathroom on the second floor, so that there will be a total of two bedrooms and two bathrooms in the structure. Two additional dormers would be constructed, one of which would be situated as an upward extension of the structure within the required ten-foot front yard setback area as measured from Hulbert Avenue, at about four feet from the line of Hulbert Avenue at its closest point, but no closer than the front line of the structure as it now exists which is less than one foot from Hulbert Avenue. In addition, exterior stairs would be constructed for access to the second floor, with the closest point of the stairs to be about four feet from Hulbert Avenue. No alteration to the footprint of the structure is proposed except for the proposed exterior stairs. The provisions of the Special Permit issued in File No. 058-85 treated the structure as not containing a dwelling unit, on the basis that the definition of "dwelling" as it then existed under the Zoning By-law as then in effect did not include a structure which did not include space for cooking or eating, and accordingly the decision contained the condition that no cooking or eating be allowed within the structure. The applicable definition of "dwelling" under the zoning By-law, as amended in 1990, includes any structure used for sleeping containing sanitary facilities; accordingly, the structure constitutes a "dwelling" and contains a "dwelling unit" under the amended Zoning By-law, and constitutes a pre-existing dwelling unit by virtue of this amendment. Accordingly, the applicant requests relief as follows: 1. A Special Permit under Nantucket zoning By-law !'l139- 33.A(4) and (5), for the alteration of a pre-existing, nonconforming structure, as previously altered, by changes within setbacks (consisting of upward expansion of a dormer and construction of new exterior stairs) which would not be substantially more detrimental to the neighborhood than the pre- existing nonconformities, would not create any new nonconformity nor increase any existing nonconformity, and would not make any pre-existing, nonconforming setback distance more nonconforming. 2. Modification of the Special Permit issued in File No. 058-85 to allow for the proposed alteration as set forth above, and to remove the condition that no cooking or eating be allowed in the structure, reflecting the fact that the structure now falls within the definition of a "dwelling" under the Zoning By- law as now in effect. The existing structure upon the locus, as it existed prior to the Special Permit granted in File No. 058-85 and as altered pursuant thereto, is nonconforming as to front yard setback, being situated less than one foot from Hulbert Avenue, with minimum front yard setback in the Residential-l zoning district being ten feet. F: \WpH\Heinz\Teresa\Windy Point ZBA ADD. doc 1 N 101,000 ~\ ~Uf 1--'12 3 + + -+ -+ + $~A1AV? P(jJ)fAV? A;;;~~~ rrlw rro" II n nd ~ NANTU; ~l n ~.,Kildl\1: N 106.000. REVISIONS 0...1: P...~Ol ",...n P"RCH INFORMATION !)HOWN HEREON WA!) COMPilED fROM AERIAL PHOIOGRAF'H:). DEED:). .....ND PlAN!) OF RKORD AND I!) NOT TO BE CON~,Il:IjED A!) HAVING !)UFF1(IENI ACCUR- .....Cy fOR CONvnANCE :~ 60 iil~lIi:luln I ;; . ~J~=II; . 'I I' II II ~!=:r:: :ll~:t~ . '-H. ,I ." ie ~ . TU!!' !II~'" IHI P !litf I'tl ,f, II". .~'r Iff JiW r.li r nun' Wj I IIIi IIH mm (.1. I 111~ l'l~1 ;~~m Ih) , .;I~ illlt !~m~ .(d i ~,I! "I'. hHH tll I ~, ) I: I .' i I I:j illl} I; I i.ll !I[I i .. ;'11 Hi III If. H Ie 1 I I I r I j I II J /i-~ ~-....-.... . i ~ ~ g :::3 :3 ~ ~ ~ .(.1) o 0' ~ S' >1 Gi M" 8 ~ ~ 2 g (',I) Z M" tIl :t :t" ~ N -;. 1i{ ......iHi i !~I if I (l n!Hjil ~ ~I i- f IJ If. K : I I ifhhl ~ ~ :! :~ i I ~ :: ;. n : ~ i i 'iI~f ~ =:!l II . I I ~ o =='l ~ i ~ @ ~\ HI.~""iHf ~[ l .- . ~ i '-' !!;UJ I I ~~ I! i S =\: i R . i 1!~ ~~ . ~ . - (}l ~ 6~ Q ~J + ~ l i 1 i I I I I I I I I I I I ! i I I II ~ IN J xCi dl pI : c : . i ~ i : i . mn-ii:: it:i . . .. : f 1. ,. \ ....~ 1\0 ~ti J.. l\) :-< 0 ~1'1"la i"t It ; i I~ II · j!~ i I i II i P Yi' If t . I :!! I S i I I t I !, I & ',I' !, I I ICI~ I !! ! I . ~ ! i i I i I i I I i I i I I I ~I r ! ! F! - I tI' ' i I ."'. I I PROPERTY DESCRIPTION . TAX MAP.N": 1:.1~. '7 . PARCEL N". ~ t ? Street & Number 01 Proposed Wot1c 5 1:! bu+ Av4-. Owner of record: wr;" J ~pPUJ~ lf~~,. Mdng ~...: ~':1 hl1:;! 11l. Talephone: (on lsIand) (off lsIand) Name: . -r1::EsNT~t~;;JR~~IO~.PPllcabl.) MaJUngAddreaa: '1 _D..._ R.J "h... ~I\ Talephone: ~ "[ ll,l (on 15land) (off Illland) ~ Ch8Innan: Member. . Member. Member: Membeo r,,: ,~ 'i,:,: ::'<'-j ~E':: (Y~'~'! [:i! 'l\f~~: ~'!f; , t !I;' i ~if ...~- -~~ :"_ "'~,c~~.~ :": o New OwaWng 0 Addltlon o Color Change 0 Fence o Other (pIeaM Ip8Clfy) SIze 01 Structure or Addllion: ~: WjP<f1: o Garage o Gate .;. ,'-'. DESCRIPTION OF WORK TO BE PERFORMED j~ -.:;;< 'Yi(",ii'1u; '. s.. ~ tor reqwed ~".~~~~;:,~.~l~~:f~t~~;Z o Getage!Apartmenl 0 CoImlercleI 0 HI8IO.bi' . o Paving 0 Mow BuIldIng , 0 0am0Iltl0n' . '. to'~ (').">:.. ./...::~-~:~l'~ri~~->:' ~ Sq. Foolage 1 at floor: Sq. footage 2nd floor: Sq. footage 3rd floor. OltferllflC8 between exlalln\l grade and proposed IlnIah grade: ~ Height 01 ridge above flnaJ IlnIah grade: NPM Add~lonal Remarks SQWlh Ssldfh .. HIstoric Nan)e: OrigInal Oata: OrigInal BuUder: .. there an HOC IUIWY form for lhIa buIIdlng? 0 Y.. 0 No REVISIONS' (deacribe ) F~ HeIght ElcpoMd o Block "0 "-1. ~~..,} '0 ClIpboard' (iXpOIUlW: ~t ~= O=~= OClearoalinllh,',~'~{~t '- '- ..... _'f"'~ F~ Raki SoHlI (CMltlang) ''- . FrjQe WlndowCulng~ ~ ~. . WIndowa: ~ Double Hung 0 Caaemenl 0 All Wood 0 Other - _0True 0Mded Ughta(munllna) 0 Snap4n GrilleI . ~ (type and maleriaJ): Front G"age 0oOI'(.): Type ~ ~tariaIa: Orivewaya . Nola: Complete door and window achedula. ara NqUlNd. Reat MaIeriaI WalkwaY. .~ 8lclewell Trim ~ ,J..\.- u~T" , , ,....OO~.,. .Clapbod (If,~) .~ . 8aaI\ W\,;..\.., .. ~ . Allach manulaQur.... color aampI'" '_"'''c-'';:-.';'!:_. ~ SlQned under "."._ 01-""" / I 6 IlOOO ~71H .lVA#,rOCA:i = ~,r ZF IM1ElllI4lS · ,. J~~RBOR"""") /; 2 ~J CURRENT ZONING ClASSIFICATION: EXIST/HG: Residential 1 (R-1 ) J MINIMUM LOT SIZE: 5000 S.F. 23.542:1:S.F. MINIMUM FRONTAGE: 50 FT. SEE PlAN / FRONT YARD SETBACK: 10 FT. SEE PlAN RrARJr:SIDE SETBACK: 5 FT. SEE PlAN GRO NO COVER" : 30 " 14.9% :I: 29.2.3-3 N/F NINE HULBERT AVENUE REAL ESTATE TRUST LOT 4 LC.C. 15759-E CERT. 13704 / / I ! 4 S 6 7 29.2.3-6 N/F JOHN 1/. GREENLEAF LOT 2 LC.C. 14616-C CERT. 14755 LECENIJ II OEJIOTF:S EJQSr'H: COHIOUR x S.J 0ENC1TF:S EJQSr'H: SPOT E1.f'IMOOH SITE PLAN TO ACCOMPANY ZONINC BOAR.D OF APPEALS APPLICATION PREPARED FOR S>.?>~ ~.e./> JYIN.DY POINT TRUST L.C.C. 10221-A CERT. 10,332 DEED 196/210 SCALE: 1"= 30' DATE: MARCH 6, 2002 BLACKWELL a.nd. ASSOCIATES. Inc. Professional Land Surveyors 20 TEASDALE CIRCLE NANTUCKET, MASS. 02554 (508) 228-9026 GRAPHIC SCALE I I I O' 15' 30' 60' ASSESSOR'S MAP 29,2.3 PARCEL 4 & 5 I 90' 9-1896 .6 ~4> ~~.?> C:\PROJ\ADG\B4896\lBA C:\TK4 /18 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, !\1ASSACHUSETTS 02554 July 12, 1985 Re: WINDY POINT TRUST (058-85) Enclosed, please find notice of a decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Any appeal from this action shall be made pursuant to Section 17 of Chapter 40A of the General Laws, and shall be filed within twenty (20) days after this date. ~.Jf William R. Sherman, Chairman BOARD OF APPEALS BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, JULY 12, 1985 at 1:30 p.m. in the Town and County Building, Nantucket, in the matter of the Application of WINDY POINT TRUST (058-85), address c/o R. Novak, Hale and Dorr, 60 State Street, Boston, MA 02109, the Board finds: 1_ Applicant seeks a SPECIAL PERMIT for relief pursuant fo Zoning By-Law SECTION 71 (codified as Section 139-33) to expand and alter a pre- existing, non-conforming structure and use. Applicant proposes to raze the existing boat shed (garage), expanding its width from 12 1/2 to 15 feet toward the southeast parallel to Hulbert Avenue and its height from 9 to 19 1/2 feet. The resulting 1 1/2 story structure would have enlarged ground-floor spaces for storage, boat or automobile, and second-story space for servants' bedroom and bath. The property is located at 5 HULBERT AVENUE, ASSESSOR'S MAP 29.2.3, PARCEL 005, LC 10221-A, in the Zoning District RESIDENTIAL-l. 2_ Applicant earlier applied for Section 139-33 relief (our file 023-85). At the March 29, 1985 hearing, continued from March 13, Applicant was granted leave to withdraw without prejudice. By consent through counsel, that record has been incorporated into the present proceedings. 3. We continueJthis hearing from June 21, 1985, to obtain from Town Counsel his opinion on application of the definition of "dwelling unit" (amended 4-2-85 ATM, Art. 21) to Applicant's proposal. If the structure were a dwelling unit, it would have to comply with Section 139-7A (2) and specifically subsection (b) so as "not (to) be located within the required front yard." Per oral opinion of Town Counsel, in authoring the amendment, the intention was to require use for either cooking or eating to constitute a "dwelling unit." Living or sleeping, alone. would be in-suf f icien t. 4. Applicant's structure pLedates zoning and is setback about one foot from the front line along Hulbert Avenue. As a pre-existing non-con- forming structure violating the now-required 10-foot front yard setback, (058-85) -2- it may be extended provided the non-conforming distance is not made more non-conforming and that we find the extension not to be substantially more detrimental to the neighborhood. A showing of hardship is not required under Section 139-33A. 5. In this and the earlier case, opposition focused on the safety of a structure so close to a busy street, on the aesthetics of the "street scape" and the ease with which the new structure could be sited at least 5 feet back. 6. 'Applicant, speaking through counsel and Mrs. Heinz, urged the relief requested (1) to retain the full 32-foot length without loss of 3 off-street parking spaces immediately to the northeast, (2) to achieve the desired square footage without widening beyond 15 feet and consequent in- crease in height beyond 19'6", thus to leave the structure sited and scaled appropriate to the dominant aesthetics of the principal dwelling. By con- cession to safety, Applicant would have no garage door on the southwest facade along Hulbert Avenue and, at most, one door not greater than 3-foot width. The existing front hedge would be continued across the front of the structure for safety and aesthetics, and no morp than one exterior stair- way would be provided, namely on the southeast elevation. 7. Accordingly, notwithstanding the unfavorable recommendation of the Planning Board and the concerns of opponents, we find that the proposed structure, clearly an improvement over the existing structure, would not be substantially more detrimental to the neighborhood if in conformance with the following conditions: a. The garage door on the Hulbert Avenue side of the building shall be eliminated. A single door no larger that three(3) feet wide may be constructed on the Hulbert Avenue side of the building. b. The existing hedge screening shall be continued across the Hulbert Avenue side of the building. c. No cooking or eating shall be allowed in the building. (058-85) -3- d. Only one (1) exterior stairway to the second floor living area shall be permitted, namely, on the southeast side. e. In increasing the width.to the southeast up to 15 feet total and the height up to 19'6", without extending the existing length, the structure shall not be made more non-conforming as to front-yard setback distance. 8. The Board finds that Applicant's proposal, so qualified, would be in harmony with the general purposes and intent of the By-Law chapter. Accordingly, by UNANIMOUS vote, the Board hereby GRANTS to Applicant a SPECIAL PERMIT under Section 139-33 affording the requested relief with respect to front yard setback (Section 139-16A), subject to the foregoing conditions which are binding on Applicant, its successors and assigns. Dated: July 26, 1985 Nantucket, MA 02554 - ~ 6/, u__ ~ ~~-- William R. Sherman ~:'~a!? b/~ " ~$iV-.hdA~ Linda F. Williams THE COMMONWEALTH OF MASSACHUSETTS Nantucket City or Town BOARD OF APPEALS Date: July 12, , 19 85 Certificate of Granting of VariaR08 Bf Special Permit .. (General Laws Chapter 4OA, Section 11) The Board of appeals of the City or Town of Nantucket hereby certifies that a V~ri:lRC'e QI=o-Special Permit has been granted To Windy Point Trust (058-85) Address c/o R. Novak, Hale and Dorr, 60 State Street City or Town Boston, MA 02109 affecting the rights of the owner with respect to land or buildings at 5 Hu 1 her t A venue, Assessor's Sheet 29.2.3, Parcel 005, LC No. 10221-A And the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said 't'ftriancc - special permit, and that copies of said decision, and of all plans referred to in the decision, have been filed with the planning board and the city or town clerk. The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 11 (last paragraph) provides that no .y:ui~Ree (')1'""' special permit, or any ex- tension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the town or city clerk that twenty days have elapsed after the decision has been filed in the office of the city or town clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the registry of deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recor- ding or registering shall be paid by the owner or apPlican1~,~ ~ A~ ~::~J. LJi; Clerk FORM 1094 HOBBS & WARREN INC REVISED '. L(,( l ',! l ~L/- RECr-I" ':~\ C," , BOARD OF A::- .. FE8 2 f) 2002 TOV; l ~ NANTU~V._:. ..,), -. ,""'" ;J Town of Nantucket ZONING BOARD OF APPEALS LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF PROPERTY OWNER.. .WL~...I~~.k..i1W,)~.... ... ........... MAILING ADDRESS.., ,.. ....... ...... ......... ............ ......... ... ..... .... ..... ...... PROPERTY LOCATION.... 2.... .~l.kf-:.... ~.',..................... ASSESSORS MAP/PARCEL... .A-. f:. .~:. .?..........2............................ APPLICANT...... .'./ !Zp:).L?~~............................................,......... 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 owners within 300 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 I 39-29D (2) ..... pl~ '5!Qa,....... ....:g~Jrq....~ DATE ASSESSOR'S OFFICE Town of Nantucket bl ~~ In ...-l .. ...:18 r%l ln~ l-l U tiP .&J8 ~~ .~ ~ > ~ ~ .... ,..-:C ~ ~ ~ ... ... :( ~ ~ ~ t; t; t; t; t; t; J- ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ e e : : : ~ ~ ~ ~ ~ m ~ ~ ~ ~ ~ ~ y ] ~~~~~~~~~~~~~~~~~ : ~;::O\MM~~CO""N:i;'::~~~~~ r: o ... ...1-' III u oS -J V) ~ rl OJ tT III n. bO(J ~r<) \() \fl N .... .... .... 0 0 0 0 ~ 0 ..,. ~ M M MaN ~ ~ ;!:~~~~;::::::~~~~~ggg;:;~.-<\ "'" MNN..,.'DN("IIcoOmNO\OOOCOM f'<) N OOOr-lOOQOrtOOrtr'4ri.....OC> ... V"' ~ <:) t; ~~~~t~~~~~~~~~~~~ J u.. <r E ~ ~ Iil Iil :il a.: a.: € ~ II :il II: ~ Iil ~ ~ m cD Iil ~ a II: ~ ~ m ): lil II: ~ ~ ~ : ~ Iil r; ~ :;1 .( '.:l o ~ r:J H II: II: ;:! ~ ~ U ~ Cl o Iii z ...... 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Iil .:l ~ o ~ o.Il o.Il o.Il III III >< >< .:l .:l .:l .:l o 0 '" '" :il ~ ~ o 0 ~ ~ ... ~ < ~ 0 m m ... ~ 5 .-0 ~ ti:il.",c. c uo-<s3 <::S ~ ~::z:: <(J ~ '" U c<) -.l. ~ :r (yO 'J ~ ~ Iil ~ ~ ~ g t; t; ~ ~ m :il ~ ~ ~ ~ :il ~ : : ~ ~ ~ ~ Cl : e t; * : 3::~Sr..~~~a~: cD oouo _u ...0 I< III III III III III -a 0\ 0 MMMOM U'lUlLClf""l\D 'O.-tOOo\rlCOCl)MO("l\DOUlUlUlM.-I < rillan.CONNNNNN.....n.r--r--r--Nr-I ~ ~ Iil Iil ~ ~ &i &i ><~ o 0 ~ ~ ~ ~ ~ ~ ~ ~ U .:l m .-l .-l N .-l ~ .- S l1: 0... .-:c. ~ u d :;1 Iil..,. "> ~ ti ~4J ~~ ~ ;;~ Ji ; ~ U ~J. ~ I ;~ ~ tIl ~ 1 c l3 3(J Q tJ fl <.. .-l q: + ..J :fi qo o 0\ rl ~ oS .-l N M \D \D r-- r-- r-- N N M ~ :::: :::: ::: ~ ~\O III r::P (t') 0\ M M M M M M M M .... ..,. .... .... .... ..,. ..,. ..,. ..,. ~ .~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ :E: NNNNNNNN..............,...............,.. o (IS o o N ...... \D N -... N TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETIS 02554 Date: ~~hu./~ 2002... To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the .following: Application No.: Q6' ~ - () ~ Owner/Applicant, D,'kon (<. i!J"C!sJi'h, ~sree Q W[l1&O~h"t YrvS-r- 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 give~ to the Town Clerk so as to be received within such-r~NTYN (20) days. 0::"- '" ~< f'T1 z': ~ ~. ~. ,-....... ~ ' . . r. .. J/'v}-- ~ ~: ILb/)\ ~ :ev~ Chairman ;0 m .:-) - w T71 .- .. :;,g N N 0\ ; C "----J '.J 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 9139-301 (SPECIAL PERMITS); ~139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. NANTUCKE T ZONING BOARD OF APPEALS 1 East Chestnut Street Nantucket, Massachusetts 02554 Assessor's Map 29.2.3, Parcels 4 and 5 Land shown upon Land Court Plan 10221-A, and adjacent unregistered land Certificate of Title No. 10332(registered); Deed, Book 196, Page 210 (unregistered) 5 Hulbert Avenue Residential-1 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, July 12, 2002, 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 DIXON R. BROWN, as Trustee of WINDY POINT TRUST, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 052-02: 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 or use). To the extent necessary, the Applicant is also seeking a MODIFICATION of the Decision in Board of Appeals File No. 058-85 to allow completion of the proposed project and requesting removal of the condition that there be no cooking or eating in the structure. The Applicant proposes to alter and expand an existing accessory building, which contains a garage and boat storage space on the first floor and a bedroom and bathroom on the second floor. This structure and the uses therein exist at the present time pursuant to relief granted by the Board of Appeals by Special Permit in File No. 058-85. The Applicant proposes to add another bedroom and bathroom on the second floor, for a total of two bedrooms and two bathrooms in the structure. Two additional dormers would be constructed, one situated partially within the front yard setback area at about four feet from the front yard lot line along Hulbert Avenue, without expansion of the footprint. In addition, exterior stairs would be constructed for access to the second floor, with the closest point of the stairs to be about four feet from the front yard lot line along Hulbert Avenue. Neither of these alterations would come any closer to the lot lines than the existing structure, which is nonconforming as to front yard setback, being sited as close as about one foot from the lot line along Hulbert Avenue, with minimum front yard setback in this zoning district being ten feet. See also File No. 029-02, which was withdrawn without prej udice. The subj ect property (the "Locus") is situated at 5 HULBERT AVENUE, Assessor's Map 29.2.3, Parcels 4 and 5, consists of the land shown upon Land Court Plan 1 1022i-A and an adjacent parcel of unregistered land, and is zoned RESIDENTIAL-i. 3. Our Decision is based upon the application and accompanying materials, and representations and testimony recei ved at our public hearing. There was no Planning Board recommendation, on the basis that there was no matter of planning concern. There was no support (except from the applicant's representatives) nor opposition presented at the public hearing. 4. Applicant represented, through counsel, that the existing structure upon the Locus, which is the subject of this proceeding, was ancillary to the principal single-family dwelling upon the Locus. A garage structure in this location pre-existed the Nantucket Zoning By-law, as found by the Board of Appeals in its Decision in File No. 058-85, and that Decision permitted the alteration of the pre-existing structure by reconstruction in its nonconforming location, to be used for automobile and boat storage on the first floor and a sleeping area with bathroom on the second floor, subject to certain conditions for the granting of relief. The Applicant now proposes to alter the structure, wi th a portion of the exterior changes to occur wi thin the required front yard ten-foot zoning setback area. Applicant would construct two dormers, only one of which would be partially located within the front yard setback area but within the existing building footprint, and a new set of exterior stairs which, while also wi thin the front yard setback area, would be set back farther from the front yard lot line than the existing structure. The proposed changes, and the existing conditions upon the Locus, are shown upon a "Site Plan to Accompany Zoning Board of Appeals Application", dated March 6, 2002, by Blackwell and Associates, Inc., a reduced copy of which is attached hereto as Exhibit A. 5. In compliance with the conditions of the Decision in File No. 058-85, there is now a tall, densely-planted hedge, with a high fence behind it, which effectively screens the structures and activities upon the Locus from Hulbert Avenue. As a result of this screening, the proposed stairs would be shielded from view by the public. Based upon these considerations, the Nantucket Historic District Commission ("HDC") has approved the proposed alterations, as set forth in Certificate of Appropriateness No. 39,994. Applicant stated that because of the placement of the fence and hedge, and because there was adequate access to the Locus and the subject structure over the driveway, which leads in from Hulbert Avenue, the alteration would raise no issue of fire protection or public safety. The proposed dormer, within the existing roof, would also not raise issues of concern with regard to the interests of the neighborhood. 2 6. On the basis that the existing structure was placed in its present condition as an alteration of the pre-existing, nonconforming structure, as a continuation of the pre-existing nonconformity, it may be altered by modification and a grant of additional Special Permit relief pursuant to By-law ~139-33.A(5), where the Board of Appeals finds that the extension of the nonconforming structure would not make the nonconforming setback distance more nonconforming and the extension would not be substantially more detrimental to the neighborhood. Based upon the facts set forth in this Decision, the Board of Appeals made such findings, by a vote of four members in favor (Sevrens, Loftin, Waine and Murphy) and one opposed (Toole), that the proposed alteration, while increasing the massing within the setback area, would not make the existing setback distance more nonconforming and that it would not be substantially more detrimental to the neighborhood than the existing nonconformity, and by the same vote of four members in favor and one opposed, GRANTS the requested SPECIAL PERMIT relief under ~139-33.A (5) , subject to the following conditions: (a) The conditions set forth in the Decision in File No. 058-85 shall remain in full force and effect, including the prohibition of cooking and eating in the subject structure without further relief from this Board. (b) The existing fence and hedge along Hulbert Avenue shall be maintained at a minimum in their present condition, regardless of any changes in ownership of the Locus. (c) The proposed alterations shall be made in substantial conformity with the site plan attached hereto as Exhibit A and the plans approved by the HDC under Certificate of Appropriateness No. 39,994, as may be amended. CLERK: Dated: 5~~,n~ /2r 2002 v,__ - RECErVED TOWN CU.:.hK'S OFFICE NANTUCKET, MA 02554 TIME: SEP 1 3 2002 ----- Edward s. Too~e e~--7 c-_ 9. -- '. c.7 ~ E~d C<"'Murph~~ 3 t' CURRENT ZONING ClASSIFICATION: Raidentiol 1 (R-1) MINIMUM LOT SIZE: MINIMUM FRONTAGE: FRONT YARD SETBACK: REAR/SIDE SETBACK: GROUND COVER :II: : D<1S1lNG: ;J llOOO =7,H #A#rVC..-il 1000 Z'r IT ':ts . u .Lz'A./(~ u:oa I "" . ., l?h' ) /; 2 ~J 5000 S.F. 50 FT. 10 FT. 5 FT. 30:11: 2:S.542%5.F. SEEPLAN / SEE PLAN SEE PLAN 14.9% % / I 6 29.2.J-J NIF NINE HULBERT AVENUE REAL ESTATE TRUST LOT 4 LC.C. 15759-E crnT. 1J704 ,I I I / I . 5 SND~ 7 29.2.J-6 HIF JOHN II. GREENLEAF LOT 2 LC.C. 14616-C CERT. 14755 LECENJJ 8 OCHOJES EXISrIIC c;oNTOI.M . 5.J DfN(]TfS EXlSTfIC; SPCJr ELEV,I,71OII SITE PLAN TO ACCOMPANY ZONING BOAR]) OF APPEALS APPLICATION PREPARED FOR S>.?>~ e><f>p WIN])Y POINT TRUST L.C.C. 10221-A CERT. 10,332 DEED 196/210 SCALE: 1"= 3D' DATE: MARCH 6, 2002 BLACKWELL and ASSOCIATES, Inc. Professional Land S1.LT1JeyOTS 20 TEASDALE CIRCLE NANTUCKET, MASS. 02554 (508) 228-9026 GRAPHIC SCALE , ~<9. ~~p C:\PROJ\ADG\B4896\ZBA C:\TK4 /18 O' 15' JO' ASSESSOR'S MAP 29.2.3 PARCEL 4 & 5 60' ~ 90' 1].(896