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Home My WebLink About022-03 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSEITS 02554 Date: /hay I~ , 20~ To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the fol.lowing: Owner/Applicant: () bZ -Ct3 ~ () () 0.. F: YYl 0. yn IJ 6 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 V^RIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING" TO NANTUCKET ZONING BY-LAW ~139-30I (SPECIAL PERMITS); ~139-32I (VARIANCES) I ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 Assessors Map 55 Parcel 336 R-l 21 West York Street LC Plan 13302-0, Lot 11 LC Plan 13302-H, Lot 14 Cert. of TitIe 20,029 At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1 :00 P.M., Friday, March 14,2003 and continued to April 11, 2003, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of the DONNA F. MARTINO, of81 Franklin Street, Englewood, NJ 07631, Board of Appeals File No. 022-03, the Board made the following Decision: 1. Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By- law Section 139-33A (alteration/expansion of a pre-existing nonconforming structure/use). Applicant proposes to renovate an existing principal one-story single- family dwelling by constructing a second floor space, raising the roof ridge height from about 16 feet to about 22 feet. There would be no increase in ground cover and the second floor addition would be constructed within the existing footprint without coming any closer to the front yard lot line than the existing structure. The Locus is nonconforming as to lot size, having a lot area of about 4,489 square feet in a district that requires a minimum lot size of 5,000 square feet; as to front yard setback with the main portion of the principal dwelling unit sited as close as about seven feet, with the entry steps site as close as about three (3) feet from the lot line along West York Street, in a district that requires a minimum front yard setback of ten (10) feet; and as to side and rear yard setback, with an existing shed sited as close as about one (1) foot from the northerly side yard lot line, at about two (2) feet at its closest point from the westerly rear yard lot line, and with a separate garage structure being sited at about 1.5 feet at its closest point from the rear yard lot line, in a district that requires a minimum offive (5) feet from the side and rear yard lot lines. See also BOA File Nos. 003-02 and 079-99. The Premises is located at 21 WEST YORK LANE, Assessor's Map 55, Parcel 336, and Land Court Plan No. 13302-0, Lot 11, and Land Court Plan No. 13302-H, Lot 14. The property is zoned Residential-I. 2. The Decision is based upon the Application and the material submitted with it and the testimony and evidence presented at the Hearing. The Planning Board made no recommendation finding that the matter did not present any issues of planning concern. There were no letters on file. The direct abutter to the south spoke in favor of the project. 3. The Applicant represented that she had acquired the Locus in 2001. She was in the process of an overall renovation of the structures on the Lot. The Locus was benefited by a previous grant of Special Permit relief in BOA File No. 079-99, which allowed the swapping of land with the immediate abutter to the south that did not change the overall lot size or ground cover, and BOA File No. 003-02, which allowed alteration of pre- existing nonconforming structures to the rear. Applicant stated that she did not intend to relinquish her Special Permit relief under the latter Decision. Due to personal circumstances she was unable to commence that project but had every intention to do so prior to the expiration of the Decision in April of 2004. Applicant stated that this Application concerned the expansion of the primary structure on the Lot, the front single- family dwelling. Applicant proposed to expand the structure in an upward direction, adding second floor living space, without expanding the ground cover of the structure of about 547 square feet, or coming any closer to the front yard lot line than the existing structure was presently sited. A majority of the structure was situated outside the required setback areas. However, the front stoop and about three-foot portion of the front of the structure were sited within the required ten-foot front yard setback area, i.e., as close as about three feet. The overall roof ridge height would be increased from about 16 feet to about 22 feet, below the maximum height allowed of 30 feet. The Applicant had received a Certificate of Appropriateness from the Nantucket Historic District Commission. 4. Based upon the foregoing, the Board found that the upward expansion of the primary structure, the front single-family dwelling, within the existing footprint would be an increase ofthe nonconformity, as it would expand the massing within the required ten- foot front yard setback area, but said expansion would not be substantially more detrimental to the neighborhood than the existing nonconformity. 5. Accordingly, by a vote of four in favor (O'Mara, Waine, Loftin, Toole) and one opposed (Sevrens), the Board GRANTS the requested relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33A to allow the upward expansion of the primary structure, the front single-family dwelling, as proposed, based upon the following conditions: a. The project shall be done in substantial conformance with the Certificate of Appropriateness No. 41,208 issued by the Nantucket Historic District Commission, as may be amended; and b. The current siting and ground cover of the existing structures is as shown upon the "Mortgage Plot Plan" done by Charles W. Hart, dated November 29,2002, and revised April 7, 2003, a reduced copy of which is marked as Exhibit A and attached hereto. Da~&J Dale W. Waine c:;~ 9- c.J ztJNING CLASSIFICATION: . . ~-. 1. t./IN. AREA: . . . . . . ..:;-mQ.~ MIN. FRONTAGE: . . . . . . ~ h FRONT YARD S.B.: . . . . . /6-.' ' ROO & SIDE S.B.: . . . . . . . .;:;r. GROUND COVER (ro): . . . '3.0 . % EXISTING: . . ?;'i'8? ~.$r.: . ~ P/..AN . . . . (I. . . . /I . . . . Ii . . . . ~s-- :S:5S- /y/;t:' A- ?/,//,L.,Ur::'S 69.93 ',,", '", ~ ~ ~ lv\ ~ M . D M~~ ~ I ~ '\ ~ ~ ~ ~ / SlY \VIr 5J-(~ ~. C =- //0 :ts:r." I.... _...... ,~-tlj5' ~ -/,I.i , ~ \ ". /8.8)( . ...-p'.<; . ~ ~ V/~/1. (.;~"\'>o '--;s::.- ...y- . ..> -'% ...;- q." % ".>-. '\5',.>... \ "'\""- TO: .~~?'/V('?~.r.H. . ..;3~.v/~G,! .E-:"<."':~. . . . . I CERTIFY, TO lHE BEST Of UY KNOWlfDGE, lHAT THE PREUISES SHOWN ARE LOCAlED IN FLOOD HAZARD ZONE: , ':C.... .,DEUNEAlED ON F.I.R.U. / COWIUNI1Y pNola NUUBER: 250230-00,.1f. D, BY lHE FEDERAl. EUERGENCY UANAGEUENT AGENCY, EFFECTIVE DATE OF LlAPS: JUNE 3, 1986, NolO AS PERIODICALLY REVISED. THJS PLOT PLAN WAS PREPARED fOR MORTGAGE PURPOSES ONLY AND IS NOT TO BE CONSIDERED A FULL JNSTRUMENT SURVEY. THJS PlAN SHOULD NOT BE USED TO ESTABUSH PROPERTY UNES, fENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PROAISES. THE PROPERTY UNES SHOWN my ON CURRENT DEEDS AND PLANS OF RECORD. THIS PLOT PlAN IS NOT A CERTIFICATION AS TO THE TITlE: OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS Of ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT ASSESSOR RECORDS OF THE TOWN OF NANTUCKET. ''', ~I ~, -, , \ \ I ~ ~ / 5/)/ W/r 3'1 ~ ..::/W..G<..U' NG r Gg.C. = 547.5., 0 ~ \') ~ ~ ~ 37. 00 - -/....> - .3-J-_ "- " ~ / ~ 55-7'" /t'/r ~,k;' ST.e:-~ ..e:r A.-L . ~ -:", . .'. \' ..~;:'~~~~~i'(~:c;~~ \.....'.'1' b\' .,,' !i';,3~ /~l[ /)A{2:;il':~!. ' ,., .,,\., , f " ~~ + ~7'o.3 MORTGAGE PLOT PLAN OF lAND IN NANTUCKET, MASS. SCAl.f: l"=/SI DATE: NOV. 2'3,2.002 ReV. 4-7-0:3 Owner: .DONNA MAR.TIN'O . . , , . . . . . . . ',{,or i/.; i.-:c:/~j02.G Deed: .~~,c;;.0 :z..OP2..9. Pltn:,(.Z.~.~~;30.2.H. ZL Tax ~ap: . ~ ~ :- .;3.;3 ~ . Locus: V,.,c~~1f CHARLES W. HART & ASSOCIATES, Inc. SANFORD BOAT BtnLDING 49 SP ARKS AVENUE NANTUCKET, llASS. 02554 (508) 228-8910 H-~68' C: ..., NOT TO BE RECORDED. 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 ZONINO BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, MARCH 14,2003,37 Washington Street, Nantucket, Massachusetts, on the Application of the following: DONNA F. MARTINO BOARD OF APPEALS FILE NO. 022-03 Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By- law Section 139-33A (alteration/expansion of a pre-existing nonconforming structure/use). Applicant proposes to renovate an existing principal one-story single- family dwelling by constructing a second floor space, raising the roof ridge height from about 16 feet to about 22 feet. There would be no increase in ground cover and the second floor addition would be constructed within the existing footprint without coming any closer to the front yard lot line than the existing structure. The Locus is nonconforming as to lot size, having a lot area of about 4,489 square feet in a district that requires a minimum lot size of 5,000 square feet; as to front yard setback with the main portion of the principal dwelling unit sited as close as about seven feet, with the entry steps site as close as about three (3) feet from the lot line along West York Street, in a district that requires a minimum front yard setback often (10) feet; and as to side and rear yard setback, with an existing shed sited as close as about one (1) foot from the northerly side yard lot line, at about two (2) feet at its closest point from the westerly rear yard lot line, and with a separate garage structure being sited at about 1.5 feet at its closest point from the rear yard lot line, in a district that requires a minimum of five (5) feet from the side and rear yard lot lines. See also BOA File Nos. 003-02 and 079-99. The Premises is located at 21 WEST YORK LANE, Assessor's Map 55, Parcel 336, and Land Court Plan No. 13302-G, Lot 11, and Land Court Plan No. ..l3302-ffl Lot ;'_; 14. The property is zoned Residential-I. ~ S . I);1M ~... Nancy 1. S ::g N TillS NOTICE IS A V AILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. w co ~/~~ 10nl 1-89 J ", ' .', ,.... .. " mw~OCIal~ ZO~nlG 3~ Sl! U~m\LS D~te ~Olm J\m), COW~~ 30%.....,%~G NJUWt10n~, HJ\ O~lSlS4 CASE NO~-Q.3 ~~~vroA~roN ~OR RBvrB~ :~~ OIm.~IS name(s); VonVlCl. 'F. ~' 'KaU1nq ~c1ck8GIU <Z?I t-vdnr I d.., \1!'~;Ucant'a nUle; Cs ovY1"'\Q) KuUn; . add~esa; ('~~ \ . 33~ . Lo~t1on 0: lot; Asse~~p~lb ~~p ~n~ p~~ool ~umbe~ S~- ~ .stnat a~~ru I' W :-l'" on ~ta . LaM. 'ct 'Pl~, l~ Sk , Pg o~ Plan -,Uol 3,;h 2... G- iot..!L- ..., oat. l.otf ao~ ~e~;' --1 Qj De~cl ~et ~.,.Q 2. q zoning I d1s~~1ot R - I . u~.. on 'lot -'.c'o.e~o1al;' None :.....K.o~ HCD?_ . .: n~a~ ot; dwell1ngsi... clup18~_ ~pa~ents_ ~ental ~oOnlS_ SU11cl1n;'dato(a); all P~8-8/72? L o~ . C o~ O?_ 8u11cl1n; Parm1t appl'n. Nos. CUo Noa. aU.. SoA &\~Pl1o~t1ons, lawau1tal CO -0 'Itate tullY all ~on1ng ~.l1.t aOU;At ~d ~.ap.ott e Code aeot10ns &nc! aub.ool:10na, ap*o~noaUy what you };)~opo.o 0 m};)~,d to ps~ef,nt , 1M wha~ ~QuMiJ yoU W:'J. to~ SoA to _~. .ac;sh t nCJoWI; );?e~ .o....on . .' ~'-33A __ l~t_V~lanoo, ~39-~OA . ~t a Sp'oo~al P~t land ~39-33A 1: to alto.. O:l:' ~d a nonooii?o~ \18.). %t ap];)ea1 P" ~3s)-32A 'ra -.,; , attach ~.o1s1on O~ ot'd.~l. appealed. OX, ~o t~aob. add.~ulll-~... v 'r>o/) . ~ ~~ ~/!::;/~:k/(; er~~ 1m q1-,:r;;CfO-;"'1 . 'i:>1AJf((m9, 0)...!:h 0 J;_'lpCf. OJ VO~ ~7I:J/J:rorcl. ~ '7iV1~~~g;~~~~1tJa^u1~~~ ,-( kio YU)'\{j ~u C' 'It.v<2 '~J 'Ii.:! ;it r;-e _ u... / _ U ' 17- ~ ' , 'f"C) ~ ~ ., ~! /20 ft1 fJ;W~ UN 1"U.JkCj/~, %:~ ~o..~ a8 pa~ ot th a'APPltoat1onl o~d8~~~ ad~.nclu~2____ ' ~ou. =-p, stte ~lan ahowtng p~8.8nt +~l~8Q struotures ' . '~Of' Plana:p~e"nt-=-: ~opo..~ elevatIOlia ~(HDC ~PP~ovec1?__), t.11\f:.n;& 3.ot ,~,~ - ..~ont~9'8 8a~~~ G ~a~JWlg ~~ta_ AlIIIIO~C8tt~t~aCiicl~e.... '.t1it 4 8ata. :::ma 1 f. label. 3 8at8__ ' flU ::' a~;i~;. ..;~ i::: gf.~~~~~:~nli;og;m!TI =g~~io~~:l':l' % cant::f that the ~e~estecl 1nto~t1on a~tted 1. substant1ally .oO;Pbt, anc! tW.' to 'the oeat ot 1II:f knowl.c!~8, un~e~ the pdn. an~ 'Ptnlltt.. ot P.~u~. , :S:rGNA':UUl/4M-4y '/.. ~ppl~cant _ Atto~n8y/a~8n~ L : ~C:t not own.~ 0 own.~'. &tto~n.y, 8no~oa. p~oot ot autbot'~~y) rho ri-, ho S'1'Y'e>eT,) 'F'VI~k WOJcO,- ,1\..130;;,(031. , ~ " -i o~ ~:- -,... ,.. -- () r r:-i . ~.J . FOR 3~ OFF%CZ OS2 I f? \ Jj>pl1c.t1on cop1.. '.c'd, 4 ~ o. to. Boll 0 'i?~...!d:s:Q.. ~ on~ co,W :U.~ wttb ':own ci.~x o~ b~ COXllP~.;~!~' . On. oOP:f nch ~o pJ.ann1n; a~ e.n~ BU13.cU.ng Copt b~ (.A=-U.J /.' '" faOO:" chlc~ g1vl1i '1'o~~ ':t'ea.u~8~ onZ/?/2Q) 0:(. wa1v.~"_' ,Hnt'1n; notice po~tedAi~Q2 ~a1h0w Q}x & w.iJ/lJ;@, 2;;~- ~. ,K'~1n;(&) 'on-l-l__ oont',) to-/-/_, -1-1_ w1th~~.wn7--1--1_ ',' Ded1don ~ue b:f-l-l_ =~~e-/ -' _ t11.~ 'lC-I.../ _ 1Da1l8~-:/ --1 ~ all ~'b;,~. ;~JO'. ' bWlu~tl' . Oth8~ .......- .... - , ... . ---.......... '. --~ ,.... ......___.__... '0 . " t, ........... ............. .-...... / ., 8"'" l....~ ,\ 101 l3~~nlNV~ ~O NMOl ~ 31 t ,10 NMOl .. .. WI Wg'g I~C l3~~nlNVN ~O HMOl ~. ~\ .. '. ~ . ,}: '! .'--" , / - (' 't 1"1 t>I 0 CD ....., Jg .-------- ---- ,..... ~ fff3 ffi -- ---------- co o ~ ~ rn rn t..... }- \ ~ ~ q € -D ----- ~ D ~ ~ - ----., , [ , ~ ~ .<>'~ ------ E: A S T ~ L E: V A T I O---.d_ ~, ~ '------ r I - I] I r llf ] r Iii m TI11I1 I ~ - ~ - - -- ~Ofl.T~ 1=L-t:VATIt>N -. ------,-- --------------- -- ------~---- ------ ---- -- ----- ~~J_ ~ ~ 1--- . I l- I I , - -- 11 II -- --- _ n _u .---- S 0 v --t--d r::.- .!:::.B~~ r..J. EE c=r t=:::l ~ ..' . 'j. ~ - . -3, }:~-,~{t;,?::: .~' -.' .. . ~j:-l~~~j~(;i~:- <'~: -- - ..;..~......~,~"!,J.J;;...,(,_]. '.' i~t~t~< .,; - - W~sr !:::t.-E:YAT I t>N - -, - .~ <; "'- MAnIN) ~ A S - r? If I L.- ;0) I r December S, 2001 MEMORANDUM I!!L Zoning Board of Appeals FROM: Donna Martino This is to advise you. that Curtis Barnes is authorized to appear before Tbe Zoning Boatd of Appeals as my agem.. Thank you, ~ ZONING CLASSIFICATION: . . , MIN. AREA: , . . . , . ..6TX:?Q.,p:.j' MIN. FRONTAGE: . . . . . . ~q?T fRONT YARD S,B,: , . . . .,I;p... REAR & SIDE S,B.: , . , . . ,0. .r:r GROUND COVER (~): . , . 3'.0 . ~ EXISTING: .",;</00 :C s:./F" 'C"~E,7". .~P~ . . . . ~" . . . . . . . .Ii . . . . ss- ::s:ss /'f'/ ,t:' ^, ?A"/.L.U,PS 139. 'l.:3 " , .~ ,"" '''<. ,.... ...., 10(, \ \ , / S"rY W/r ~.G<..U/V"G GJ.C, = .57cYS: , ~ ~ ~ / !..J) ~ ~ 1'\ !:S ,.; ~ ~ h 'l: & M,:\" I '<: ~ ~ ~ .. I') \y. ~ / .s ry ,vir '5;i/::P G. C 0 7/0 ;:~;:r ~ ~ ~ ~ ~ '57-00 - - "r.-..r-J:: h.. / ~ , ~ /8.8+' SS--r /1'/,..- ,a,l(. sr,,<;-~ ,.e:r A"(,,, .~ ~ $ -5" ~o( MORTGAGE PLOT PLAN Of' lAND IN NANTUCKET, MASS. sCAli:: 1"../5' OATE:~~.zoo1 Own.r: ,cr-'YV.?~ . .$4.J,Vi .-:v..sl(~. , . ,~1~r/o/ THIS PLOT PlAN WAS PREPARED FOR MORTGAGE PURPOSES D.ed. : ~A:~r.~/ ~ 'P.O.'?:. . Plci~r 1-i.~. '.. ;J?"~-<"~ r-f ONLY AND IS NOT TO BE CONSIDERED A FULL JNSTRUMENT' ,:<l"~1 . - ::1;J'4(/IbD(I>V)';'" :zJ SURVEY, 111IS PlAN SHOULD NOT BE USED TO EST~USH Tal( lAapl . ~Y~&>41)Locu,,--,,:~~ PROPERlY UNES. FENCES. HEDGES OR ANi' ANCI[[}Jl'( ~:;;<. STRUC1URES ON mE PREJ.IJSES, mE PROPERlY UNES SHOWN CHARLES W. HART & ASSO'CIATES, Inc. RELY ON CURRENT DEEDS AND PlANS OF RECORD. . , THIS PLOT PlAN IS NOT A CERnFlCAnON AS TO THE TlTlE OR SANFORD BOAT BUILDING OWNERSHIP Of THE PROPERlY SHOWN. OWNERS Of ADJOJNING 49 SPARKS AVENUE / PROPERTIES ARE SHOWN ACCORDING TO CURRENT ASSESSOR NANTUCKET, )lASS. 02554- RECORDS Of THE TOWN Of NANTUCKET. NOT TO BE RECORDED, (eOll) 1I1a-1l1l10 H-~ ro/:sJ??foum .s~v.//,<(;;.5.8AIV'/.<. . . , , , , . R.<S/p.<::"/Vr/A.<.. ..Ge/VO/N6 P/V/S/o/l(' I CERTIFY, TO' THE BEST Of llY KNOWLEDGE, ~ lHE PRElIISES SHOWN ARE LOCATED IN FLOOD HAZARD ZON,E: .' ,c;..:, "DEUNE'ATED ON F,IJUL / COIlllUNIlY PANEL NUMBER: 250230-00.'''/ L 11, BY THE FrOM DlERGENCY. UANAGDlENT AGENCY. EFFECTIVE D.4.TE or llAPS: JUNE 3, 1986, AND /oS PERIODICALLY REVISED, C: .to ." ZONING CLASSIFICATION: .~ --: 1, MIN, AREA: . , , .~,?~p ~'.;=; , MIN. FRONTAGE: , . .0:Q .F:'0. . . FRONT YARD S,B.: , ..(Q.F:"0, , REAR & SIDE S,B,: , . -P'. 1'77:, . GROUND COVER (7.): , ,..;3 P."/r , , G.C, = 710:li: 05.;:-; .lC: X loST IN G .:J 1-0:': D ( (rO.B/f:,'eEMOVIfI.D) \ "- \ I i ~ .09:F . -< C\I .. I If) '\ I \1) ~L ! I . \\l J ~ Q) L_.. --- -1 "<. ~ ~c:f. - --- ~ :3; '" , ~ L STY. / / PR.OPOS~.D ( DWJl::LLIH'G "- G,C.:: GGz,:t:':;.F: ) 8~, 93 .9' "KG, 1 .. "5 '- \1.5 "t') .,' ~ l.) 18.64 c.5' ,,/ 1<:' 0(... , ';;:>3 >, '" 'Y .-<::> ~ >. -i> , 01oS' .<:> <.",,\:.0 >. ;~1<,)~':'." I CERTIFY, p.s OF :.';. 1-:- 4f-: (>~. . THAT THE BUILDING(S) ISIi.\RE LOCATED ON THE GROUND p.s)~HJ?iN '~~.R RIE~t;l.;. ~~1kA/ PROFESSIONAL LAND SURVEYOR THIS PLOT PLAN WAS PREPARED fOR THE TOWN Of NANTUCKET BUILDING DEPARTMENT ONLY AND SHOULD NOT BE CONSIDERED A PROPERTY LINE SURVEY, THIS PLAN SHOULD NOT BE USED TO ESTABUSH PROPERTY LINES. fENCES, HEDGES, OR ANY ANCILlARY STRUCTURES ON THE PREMISES. THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. THIS PLOT PLAN IS NOT A CERTIFICATION AS TO TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT ASSESSOR RECORDS. ASSESSOR MAP: ,s,s: , , . PARCEL: .;3.3.G. . Co\JooS\cw",nl.p €;J1 t4- EXISTING: --1-;'89:t:.5,F: ~(ili. ~~~K "';.5' - :3:3.5' n.IP L, FH.IJ..,J.../P.3 ~ fJ'{ lJl Z "< ---l ;)' z .f S7":;;;, wlp ..DWEI--J...ING G.C, = 5-1-7:1: S.P. o ~ a ll( ~ 0 >- '- /' ,/ ;' "/' '-.--------=------ eX. IS 7', .I> I( IV'-€" -- --",-- f-- IJ) Ul ~ -- 37.00 5'-5' - -1- n/P .D.k., srJ;:;ELE e.t-;;;.2 BUILDING LOCATION PLAN OF LAND IN NANTUCKET, MASS. SCAtE: 1"'" 15' DATE: j-ZS-QZ. Owner: ..P.o.A(^!~ .-^,;!-:t~nl'!? . . . . . . . ,(.,c. CEI?T. t:.OT 1/; ,(.,C.I:3:30Z- Deed' '?C?C??!? . . . . Plan 9 ~ ./.,07'.1-:1-.; . . . . L.C./:330Z-H. Locus. f!./ ).y~{>7'.~q-,?~ !-I"-./'(~. . . . CHARLES W. HART & ASSOCIATES, Inc. SANFORD BOAT BUILDING 49 SPARKS AVENUE NANTUCKET, MASS. 02554- (508) 228-8910 H _ <0 f G 8 NOT TO BE RECORDED. // .. TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: /Jpll! 7' , 2002- To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Owner/Applicant: Q03-02- 'Cont')(l rror~ho 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 V^RIANCES 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 37 Washington Street Nantucket, Massachusetts 02554 Assessor's Map 55, Parcel 336 21 West York Lane Residential-1 Land Court Plan 13302-G, Lot 11, and Plan 13302-H, Lot 14 Certificate of Title No. 20029 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, March 8, 2002 (having been opened on January 11, 2002, continued to February 8, 2002, and further continued to March 8, 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 DONNA MARTINO, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 003-02: 2. The Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law ~139-33.A (alteration or expansion of a pre-existing, nonconforming structure or use). The Applicant proposes to remove a dilapidated shed and replace it with a smaller secondary dwelling. The existing ground cover is about 1,470 square feet, in a district in which maximum ground cover for this undersized lot is about 1,346.7 square feet (30% of the lot area of about 4,489 square feet). The proposed new total ground cover upon completion of the Applicant's proposed project would be about 1,460 square feet. In the alternative, the applicant is seeking relief by VARIANCE from Nantucket Zoning By- Law ~139-16.A to complete the project as proposed. The 12-foot scalar separation and the 20% differential in ground cover between primary and secondary dwelling would be met. In addition the Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law ~139-18 (parking requirements) to waive one parking space. One space is currently provided on site, and the second space would be provided in a stacked manner. The Applicant proposes to remove an existing one-story dilapidated nonconforming shed at the rear of the subject property (the "Locus") and construct a new one and one-half story conforming secondary dwelling that would be attached to an existing garage structure. The Locus is nonconforming as to lot size, having lot area of about 4,489 square feet in a district in which minimum lot area is 5,000 square feet; as to front yard setback, with the principal dwelling situated at about three feet at the closest point from West York Lane, in a district in which minimum setback is 10 feet; and as to side and rear yard setback, with the existing shed situated at about one foot at its closest point from the northerly side yard lot line, and about two feet at its closest point from the westerly rear yard lot line, and with a 1 separate garage structure being situated at about 1.5 feet at its closest point from the westerly rear lot line, with the minimum side and rear yard setback in this district being five feet. See also Board of Appeals Files, Nos. 078-99 and 079-99. The Locus is situated at 21 West York Lane, Assessor's Map 55, Parcel 336, consists of Land Court Plan No. 13302-G, Lot 11, and Land Court Plan 13302-H, Lot 14, 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. There was no Planning Board recommendation, on the basis that no matter of planning concern was presented. One abutting property owner spoke in opposition at the first two meetings upon this Application, but was not present at the final meeting on March 8, 2002. In the file was a letter from the Nantucket Fire Department that stated that there were no issues of fire safety with the construction of the new dwelling in the originally proposed location and at the originally proposed ground cover. 4. The Locus consists of a pre-existing, nonconforming parcel, reconfigured by virtue of Special Permit relief granted by the Board of Appeals in order to cure mutual encroachments of structures between the Locus and the abutter's property as previously configured, in Files Nos. 078-99 and 079-99. While the plan endorsed by the Planning Board under its File No. 6429 pursuant to those Special Permits, and filed with the Land Court as Plans 13302-G and 13302-H, and the subsequent mutual conveyances between the owners, cured those encroachments and established conforming setbacks between the two reconfigured lots, it did not and could not cure the pre-existing setback nonconformities of the Locus as to setbacks from its other lot lines. Likewise, the pre-existing nonconformity in ground cover ratio of the Locus remained unchanged. 5. After discussion between the Applicant's representatives and the Board of Appeals at the January 11, 2002 and February 8, 2002 meetings, the Applicant presented at the March 8, 2002 meeting a new plan with maj or changes from the original plans. The new plan, being a Building Location Plan by Charles W. Hart & Associates, Inc., dated January 25, 2002, and revised February 27, 2002, a reduced copy of which is attached hereto as Exhibit A, shows a revised size and footprint of the new proposed dwelling, which will result in conformance with the maximum ground cover ratio of 30% and will eliminate the need for parking relief by provision of two conforming on-site parking spaces. Total ground cover of the new dwelling will be about 799 square feet (including the new structure of about 608 square feet, added 2 to the garage/storage structure containing about 191 square feet). When added to the ground cover of the existing principal dwelling containing about 547 square feet, total ground cover upon the lot will be about 1,346 square feet, for a ground cover ratio of exactly the 30% permitted under the By-law. The only reason why the project still needs relief is that the pre- existing, nonconforming garage structure will be attached to the new dwelling so that it can be counted in determining the ground cover of the dwelling, which will be necessary in order for the differential of 20% between the ground cover of the two dwellings to be maintained as required by the By-Law. 6. Since the pre-existing garage structure will not be altered in any respect as to its dimensional nonconformity with the By-Law, its alteration to be incorporated into the new dwelling will not have any effect upon the neighborhood. In addition, existing nonconformities related to ground cover and setback of an ancillary structure that will be demolished, will be eliminated with construction of the new dwelling, sited outside of the required five-foot rear and side yard setback requirement. Accordingly, by UNANIMOUS vote, the Board of Appeals made the finding that the proposed alteration will not be substantially more detrimental to the neighborhood than the pre- existing nonconformity, and GRANTED the requested SPECIAL PERMIT under By-Law ~139-33.A(4), subject to the condition that construction shall be done in substantial conformity with the site plan attached as Exhibit A. 7. The Applicant's requests for Variance relief and parking relief by Special Permit were rendered moot by the changes to the plan, and were withdrawn without prejudice at the March 8, 2002, meeting. No relief from ground cover was granted, and accordingly the project must be constructed within the 30% maximum ground cover ratio. Dated: April ~ , 2002 C. "\- ........_~. -- Edward C. /Murphy 3 ZONING CLASSIFICATION: .~ ": 1. MIN. ARtA: . . . .~<?'?.o. ~'F . /olIN. FRONTAGE: . . ~Q .F;r.. . . FRONT YARD S.B.: . . IQ .F:7;'-. . REAR & SIDE S.B.: . . ~ ~7:. . GROUND COVER (ro): . . ~ P:4 , . t&& 3 / EXISTING: 4-1- B 9 :t:..5.~ ~(iti. .i'>~.;.s.K ,. . . . . . . . . . .. . . . . . . . . . 055- :335 n./~ L. FH.II..J...IP,:j ~ " "5"---- \'-1.'3 "'('<) ..' ~ t.j .' G.C. = 710:t: ,s.P. R;'XloSTI/VG .::U{!<:J) (' (rO.8Ie'Ite~MOVIiJ''])) \ '" /" P~oPo.s~.D \ (DWEJ...I../H'G I \, G.C.= G06:1:.5.F: ) 88..9:3 I? ~~ ci"( ~ ~ I~ ~~ ~ ~ ~ ~ <j, 19 ~ 1. 16.8-'1- <.. -<' ........~... c.S .... '% o .~ v>. <3.,. ...y ...0 I..S'~~ . O-s- ~ ~0 .>. PROFESSIONAL lAND SURVEYOR THIS PLOT PLAN WAS PREPARED FOR THE TOWN OF NANTUCKET BUILDING DEPARTMENT ONLY AND SHOULD NOT BE CONSIDERED A PROPERTY UNE SURVEY. THIS PLAN SHOULD NOT BE USED TO ESTABUSH PROPERTY UNES, FENCES. HEDGES, OR ANY ANCILLARY STRUClURES ON THE PREMISES. THE PROPERTY UNES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. THIS PLOT PLAN IS NOT A CERnACATlON AS TO TI11.E OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT ASSESSOR RECORDS. ASSESSOR MAP: ..s..s. . . . PARCEL: -:3.3.G. . C1\.IOIIS\ CIIIo\ 111 lJ.l - - -"'- Z <( ~ L .:JT'::Y. wlp ..3~ .DWEJ...J../NG G.c. = ..5'-1-7:1: S.P. 0 ~ 0 ~ ~ Q >-- lJ'L ~" PI>:. ri., Z. () ,eXIS'T', .PIC/v-€, --~'---" -- -- ---- .:3'7.00 SQ - '1- n/~ .D.~. STEISI..Jf; e.r .ill f... (I) U) ~ ~-A- BUILDING LOCATION PLAN OF LAND IN NANTUCKET, MASS. Rev, 2 - :l7- o~ SCALE: 1"" 16'" DATE: 1 -2..5-0Z Owner: .JJ.o,/-'(I'f"'!- .1'1~~n"!9. . . . . . . . A..C. CE~r. ~OT /! ; A...C.I:3:302- Deed: . ..?qQ;;".!? . . . Plan (7,t.,J..,o7'J-J-.;, ,{,.C./;tJ302-H Locus. f!.! .y(~.!?T.~q,<:1f.. ~:4-/'{~ . . . . CHARLES W. HART & ASSOCIATES, Inc. SANFORD BOAT BUll..DING 49 SPARKS AVENUE NANTUCKET. MASS. 02554 {50B} 228-8910 NOT TO BE RECORDED. H - <01 G 8 TOWN OF NANTUCKET L!s-. .~ 0; dL9 cO J~\() ~C~ I BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: December l1 , 19 99 To: Parties in Interest and, Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 079-99 Owner/Applicant: JANELLE SLIVINSKE 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 cer~ified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. w:v, ~ ~l~ William P. HoU:riha"nr:~hairman cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND V^RIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING' TO NANTUCKET ZONING BY-LAW ~139-30I (SPECIAL PERMITS); 9139-321 (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 Assessor's Map 55 Parcel 336 R-l 21 West York Lane LC Plan 13302-B, Lot C Cert. of Title No. 17,909 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, September 17, 1999, in the Conference Room of the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of JANELLE SLIVINSKE of 21 West York Lane, Nantucket, MA 02554, Board 'Of Appeals File No. 079-99, the Board made the following Decision: 1. Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw ~139-33A(8) to alter and change the boundaries of a said to be pre-existing lot located at 21 West York Lane (Locus) with a neighboring pre-existing nonconforming property located at 23 West York Lane. Presently the garage on the Locus encroaches onto property of 23 West York Lane and the single-family dwelling on 23 West York Lane encroaches onto the Locus. Applicants propose to correct said encroachments by conveying about 240~ square feet of land to the owner of 23 West York Lane and receiving about 240+ square feet of land from that owner in return. The Lots would therefore maintain their respective nonconforming lot sizes. The Locus is nonconforming as to lot size with the Lot containing less than the required 5,000 square feet of area; as to front yard setback with the dwelling being sited 3~ feet at its closest point from West York Lane in a district that requires a minimum front yard setback of 10 feet; as to side and rear yard setbacks with a shed being sited at about one (1) foot at its closest point from the northerly side yard lot line and at about 2.5 feet at its closest point from the rear yard lot line and with the garage being sited over the southerly side yard lot line and about one (1) foot at its closest point from the westerly rear yard lot line in a district that requires a minimum side and rear yard setback of five (5) feet; and as to ground cover ratio with the Lot containing in excess of the maximum allowable ground cover ratio of 30% for undersized lots. See companion case in BOA File No. 078-99. 'rhe Premises is located at 21 WES~ YORK LANE, Assessor's Map 5, Parcel 336, Land Court Plan 13302-B, Lot C. The property is zoned Residential-l.3. . ~ I I ~ 2. The Decision is based upon the Application and materials submitted with it and the testimony and evidence presented at the hearing. The Planning Board made a favorable recommendation. There were no letters orr fi~e and no opposition expressed at the hearing. 3. Applicants propose to cure a pre-existing nonconforming setback intrusion as described above, by exchanging a 240~ square-foot parcel of land with the immediate neighbor to the south, which Lot also has an intrusion onto the Locus as described above. The intrusion onto the Lot to the south would be cured with the swap in parcels and the garage would be sited outside of the required five-foot side yard setback area though the rear setback intrusion within the Lot would still remain but not increased. The other nonconformities would not be affected by the land transfer. 4. Therefore, the Board finds that the grant of Special Permit relief would be in harmony with the general purpose and intent of the Zoning Bylaw and that the change in the lot lines, with the swap of 240~ square feet of lot area with the Lot to the south, would not be substantially more detrimental to the neighborhood than the exiting nonconformity and would have the same lot area as presently existing. The Board further finds that there would be no new nonconformities created or increased as both Lots would become less nonconforming as side yard setback intrusions onto the adjacent Lot would be eliminated, In fact, the side yard intrusion into the required five-foot area would be eliminated. 5. According, by a unanimous vote, the Board GRANTS the requested SPECIAL PERMIT under Nantucket Zoning Bylaw ~139-33A(8) to allow the swap of 240+ square feet of lot area with the Lot to the south as shown on a plan done by Charles W. Hart & Associates, Inc., dated July 21, 1999 and revised September 3, 1999, marked as Exhibit A and attached hereto. RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 DEe 17 1999 TIME: 2, ~ ~.J-- r .""- A'=>~t. ~ t CLERK: XL fF'U [0- 0/"- Dated: December 17 , 1999 Edward JeP~.~ Nancy Sevrens L.z~NiiiG. CWsIFICATlON-;- /y-: ~-:.-~ MJI\. AREA: . . -?:q~<? ~~6. . . MIN. FRONTAGE: . . Y '~'.~~' . . ROHT YARD S.B.: . ../. . f':7;. 0 REAR de SlOE S.B.: . .~ "-"(:'. . GROUND COVER (,,): ..~ q .. , . . . 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HART & ASSOCIATES, Inc. , SANFORD BOAT BUILDING 49 SPARKS AVENUE NANTUcm', ),{ASS. 02554 (608) 226-8910 \S,kErcN P~A.N OF" . LA.N D IN ~-3-j..5 THIS PLOT PLAN IS NOT A CERTIFICATION AS TO TITlE OR OWNERSHIP OF THE PROPERlY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT ASSESSOR RECORDS. . ~-5"-.:3:3~ (C.) ASSESSOR MAP: -P".:r-: ~. , PARCEL: (A ). C.\~~11I' H-415j -------- . # ~JJ,J Town of Nantucket rEG 1 / "0."'.: :"''''''0_) ZONING BOARD OF APPEALS ... I. ; '...': LIST OF PARTIES IN INTEREST IN THE MATIER OF THE PETITION OF . .,-) ~C /h ;i- / PROPERTY OWNER...... l"y.. ,t?:.T:<::~<~::::{:-!... .''\:;t.:,;,... ./..1.1<<1.. /.--:?~1? MAILING ADDRESS.........."........,..""....................,.....,...........,..... V ?'~ PROPERTY LOCATION,......,.. 2.1..,.. ,I....:.... .~;fr;~'-:-:... c/~~.'!-- L.. . r<--'-- 3 " ( 1 ASSESSORS MAP/PARCEL... ,... ;,.?.'-'... ... .....:?..k... .....,.... ........... ...... APPLICANT..,...... .CA/~;(<;/..,..., .~/:'!-:}:::.::~-/....,........,...,...,.. SEE ATIACHED PAGES I certify that the foregoing is a list of persons who are owners of abutting property, owners of land directl~ 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 139-29D (2) , / {/!jl(<....1.(~...2,(J? 3 A " I) ;/( 1 ) - . #-ct:.-.!<--~ . ...~{-:C.(,Af{.{..Ll~:".." DATE' ASSESSOR'S OFFICE Town of Nantucket tJl ~ "j ~ Ul "M E-i ~~ Ul ~ H tJ Q) P +JE-i +J~ ::s Z ~ 'l. ,; o .... ... 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