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Home My WebLink About025-03 TOWN OF NANTUCKET BOARD OF APPEALS , NANTUCKET, MASSACHUSETTS 02554 Date: ~ cu , 20 CJ'f To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Owner/Applicant: Kane. o 2-S--0,--3 rn r'r:h a.e ( ;J. On 1 tnelll' CI b. A-. 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. ~O}~~~le~ 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. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 Assessors Map 55 Parcel 231.2 R-C 18A Sparks Avenue Plan No. 56 of2002, Lot A Deed Ref. 176/260 At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1:00 P.M., Friday, April 11, 2003, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of MlCHAEL J. AND MARCIA A. KANE, of 18 A Sparks Avenue, Nantucket, MA 02554, Board of Appeals File No. 025- 03, the Board made the following Decision: 1. Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By- law Section 139-18 (parking requirements); Section 139-20 (loading zone); Section 139- 9B(2)(a) and (b) to validate an existing shop space associated with the retail basket shop; and to the extent necessary, under Section 139-20.1 (driveway access) to validate an existing site plan, waiving any additional parking spaces and loading zone required, with possible dimensional issues, and where the subject Lot shares a common loading zone, driveway and access aisle with the immediately adjacent lot to the east at 16 Sparks Avenue (the subject of the Application in BOA File No. 024-03). In addition, to the extent necessary, Applicants are seeking a MODIFICATION of the Special Permit granted in the Decision in BOA File No. 113-92. The aisle width between the parking spaces on the Lots meets the 24- foot requirement, but individually they are unable to do so. There are mixed uses on the property, office space, retail, shop and three dwelling units, with the multi-family use having been allowed by a Special Permit issued by the Planning Board. The property is conforming as to ground cover, and lot size. The Premises is located at 18A SPARKS AVENUE, Assessor's Map 55, Parcel 231.2, Plan No. 56 of2002, Lot A. The property is zoned Residential-Commercial. 2. The Decision is based upon the Application and the materials submitted with it and the testimony and evidence presented at the Hearing. The Planning Board made no recommendation fmding that the matter did not present any issues of planning concern. There were no letters on file. 3. The property owner and his agent represented that the Locus was benefited by a previous grant of Special Permit relief in the Decision in BOA File No. 113-92, which validated a previously constructed shed and rear addition on the westerly side of the principal dwelling and allowed the construction of a new addition on the southeasterly side ofthe dwelling as proposed. Applicants are now seeking additional relief by Special Permit and a Modification of the previous permit to the extent necessary to reallocate floor space, validate existing multi-uses of the property, and validate the aisle width, parking and loading zone plan, with such aisle width and spaces to be shared with the immediately adjacent lot to the east shown as 16 Sparks Avenue, owned by Michael J.Kane individually and the subject of the Decision in BOA File No. 024-03. Similar relief was granted in that case to validate the parking, loading, aisle width and access plan. The Applicants state that the current uses on the property are as follows: three dwelling units (with the Planning Board having issued a Multi-Family Special Permit for this use); about 294 square feet of office space; about 158 square feet of retail space; and about 685 square feet of basket making shop space. The existing uses require seven parking spaces and one loading zone. Applicants propose to provide seven parking spaces on site and share the loading zone located entirely on the lot immediately abutting 16 Sparks Avenue to the east. The required 24-foot aisle width area is located between the parking areas for both lots and Applicants propose to file cross easements allowing each lot to use the aisle and single curb cut for access onto Sparks Avenue. There is no expansion ofthe structure on the site proposed as part of this Application. The property owners represent that the Locus is situated in a heavily developed area in a commercial zone with many commercial establishments proximate the Locus, many benefited with Special Permit relief granted by this Board or the Planning Board. All of the previous alterations and additions were done under duly issued building permits. Much of the work required a grant of relief prior to the issuance of said building permits. However, as stated by the Applicants, they were never required or advised by the then Building Commissioner to seek such relief prior to his issuance of the building permits. Applicants state that all alterations and expansions could be validated by a grant of Special Permit relief and no Variance relief was necessary. The Applicants represent that in 1977 the about 539 square-foot single-family dwelling was constructed under a duly issued building permit. In 1979 an attached conforming garage and breezeway were constructed to be used in conjunction with the residential use. In 1982, a westerly addition was constructed onto the house within the side yard setback area without relief from the Board but subsequently validated in the Decision in BOA File No. 113-92, along with a shed that is not longer on the property. In 1994, a garage apartment was added above the existing garage as well as two other additions, one of about 322 square feet and one of about 250 square feet, the latter of which was added to expand the basket making shop on the first floor of the garage, again without relief from this Board. In 1998, a new addition was constructed with reallocation of space without relief from this Board, resulting in a total commercial shop space area of about 2,073. A separate retail/display area was added in the main portion of what had been the primary single-family dwelling of about 402 square feet. In addition to the new third dwelling unit, Applicants propose to reduce the shop space, move the retail/display area to the shop space, and create office space where the retail/display space had been. No relief is necessary for the retail/display space or office space as those uses are allowed as a matter of right, but relief is necessary for additional workshop space. 4. Based upon the foregoing, the Board fmds that the Modification of the Special Permit relief granted in the Decision in BOA File No. 113-92, to the extent necessary, and grant of additional Special Permit relief to validate the reallocation of interior floor space and previously constructed additions, creation of a separate office space, expansion of the basket making shop space, and validate the parking, loading, aisle width and access plan, would be in harmony with the general purpose and intent of the Zoning By-law and as presented would have little negative impact upon the commercial neighborhood. The Board further fmds that between the two lots, the 24- foot wide aisle width requirement is met, though neither lot could conform on its own, and that the sharing of the parking, loading and aisle width, providing one access to the heavily traveled Sparks Avenue, would be in the best interests of the public, and not contrary to sound traffic and safety concerns. In addition, the Board finds that the commercial uses on the property did not meet the threshold for consideration as a Major Commercial Development. 5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested MODIFICATION of the SPECIAL PERMIT, to the extent necessary, in the Decision issued in BOA File No. 113-92 and SPECIAL PERMIT relief under Nantucket Section 139-9B(2)(a) and (b) to validate an existing shop space associated with the retail basket shop; Section 139-18 to validate the parking, loading, aisle width and common access plan, reducing the aisle width on the lot, with the provision of seven required parking spaces on site; Section 139-20, waiving the loading zone requirement, based upon the sharing of the loading zone on the immediately adjacent property to the east; and under Section 139-20.1 in order to allow the shared driveway access to Sparks Avenue. Relief is based upon the following conditions: a. The building location and parking plan shall be done in substantial conformance with the "Site Plan to Accompany a ZBA Application for 16 & 18A Sparks Avenue", done by Michael S. Bachman of Nantucket Surveyors Inc., dated February 3,2003, a reduced copy of which is attached hereto and marked as Exhibit A; and b. There shall be no increase of current uses or ground cover without further relief from this Board. c. An easement shall be filed with the Nantucket Registry of Deeds indicating the common aisle width and driveway access to Sparks Avenue, running in favor of the property shown as 16 Sparks Avenue, Assessor's Map 55, Parcel 230, Registry Plan Book 2, Page 56, Lot D- 2, prior to issuance of a Certificate of Occupancy. 6. In separate action, by a UNANIMOUS vote, the Board APPROVES the site plan attached as Exhibit A, as required under Section 139-23 for this Application. Dated: May 24, 2004 tr", ~,~ Dae ame ~ o~ -:E.. = == -< N 0\ r.- r - B o 0\ 'Z ()fl-- oX> 03 Lf (\ \ 103, ~cJ~ /. ....? .C./ .. 7.....-... C ~_//- LEGEND: CB/DH FND DENOlES CONCRElE BOUND WllH DRIWlOLE FOUND. ,.,/"' SPARk _ S (1841 COUNTY LAYDUl) - A VENUE maE Of PA\tl4KT ~il 'Oo~. ~ ~~ \ ':;j -, ~-- I f ~ ~--~ ~~ ~ ....::-- AI'~ L --;;;- ___ ~ (l4...."-J --- ~ -- CURRENT ZONING: RES. COMM./p'ItR/MF IIINIIIUM LOT SIZE: 5,000 S.F. IIINIIIUII FRONTAGE: 40 FT. FRONlYARD SElBAa<: NONE SIDE AND REAR SElBACK: 5 FT. AUDWABlE G.C.R.: 50lC EXISTING o.C.R.: I SA 2B.BlI: :!: EXISTING G.C.R.: III 28.411i :!: GREENSPACE ON BOlH LOTS EXCEEDS lHE 201li REQUIRED. I o I 30 GRAPHIC SCALE 1"=30' I 60 SITE PLAN TO ACCOMPANY A ZBA APPUCATION FOR 16 &; lBA SPARKS AVENUE IN NANTUCKE~ MASSACHUSETTS SCALE: 1"=JO' DAlE: 2/3/2003 DEED REFERENCE: DD.BK.231 PG.47 DD.BK.4OB PG.I54 PLAN REFERENCE: PlAN NO. 02-56 ASSESSOR'S REFERENCE: MAP: 55 PARCEL: 2JO ... 231.2 PREPARED FOR: MICHAEl. J. KANE AND I. ~ MARCIA A. ... MICHAEl. J. KANE " : NANnJCKET SURI/EYORS INC. 5 WINDY WAY 90 . 120;J NANnJCKET. III.. 02554 -?#S -6' ~ N35B5 &; N70B9 2 WllES:.. I. SEE ZBA DECISION 113-92 RECORDED AT DD.BK. 409 Po. 210 REGARDING lHE 19B2 ADDlnON AND lHE SHED. 2. lHE ORIGINAL BUILDING ON lBA IS EXEIoIPT AS A LAVof'UL PRE-EXISllNG SlRUCnJRE UNDER CH. 401. SECT. 6, MASS. GENERAL LAws. 3. 18 SPARKS AVE. HAS lHE BENEFIT OF SPECIAL PERMITS REGARDING IIULTI-FAMILY HOUSING. N.B. 2lIIl-1J7 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, APRIL 11, 2003, IN THE CONFERENCE ROOM, TOWN ANNEX BUll.DING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: MICHAEL 1. MARCIA A. KANE BOARD OF APPEALS FILE NO. 025-03 Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By- law Section 139-18 (parking requirements); Section 139-20 (loading zone); Section 139- 9B(2)(a) and (b) to validate an existing shop space associated with the retail basket shop; and to the extent necessary, under Section 139-20.1 (driveway access) to validate an existing site plan, waiving any additional parking spaces and loading zone required, with possible dimensional issues, and where the subject Lot shares a common loading zone, driveway and access aisle with the immediately adjacent lot to the east at 16 Sparks Avenue (the subject of the Application in BOA File No. 024-03). In addition, to the extent necessary, Applicants are seeking a MODIFICATION of the Special Permit granted in the Decision in BOA File No. 113-92. The aisle width between the parking spaces on the Lots meets the 24-foot requirement, but individually they are unable to do so. There are mixed uses on the property, office space, retail, shop and three dwelling units, with the multi-family use having been allowed by a Special Permit issued by the Planning Board. The Premises is located at 18A SPARKS AVENUE, Assessor's Map 55, Parcel 231.2, Plan Book 2, Page 56, Lot A. The property is zoned Residential-Commercial. AP.~CbrlfuVJ~ Nancy J. Sevren airman TillS NOTICE IS A V AILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. Boll. Form 1-09 N-3958 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY DUILDING NANTUCKET, MA 02554 CASE Date Ne.rJ!S- c:J2 APPLICATION FOR RELIEF Owner's name(s): Mailing address: Michael J. & Marcia A. Kane 18A Sparks Avenue UantucKet, MA. 02554 Applicant's name: Same Mailing address: Same Lecatien ef let: Assesser's map and parcel number 22..-- 231.2 street address: 18A Sparks Avenue Registry Land ct Plan, Plan Bk & Pg er Plan, File 02-~ Let~ . Date let acquired: ..2J J2J..12 Deed Ref1~,~ zening district RC-2 Uses en let - cemmercial: mJ{J2}(XXl\XlflX:.iC. and residential MCO?l!.2- _ number ef: dwellings~ duplex___ apartments~ rental reems___ Building date(s): all pre-lJj72? N/A er Building Permit appl'n. Nes. N/A . C ef O?...:L Case Nes. all Bell. applicatiens, lawsuits: 113 of 92 state fully all zenin9 relief sought and respective Code sectiens and subsectiens, spec1fically what you prepese cempared to. present and what greunds ~eu urge for Bell. to. make each finding per sectien 139-3211. if Var1ance, 139-3011. if a Special Permit (and 139-3311. __ if te-a1ter er extend a nenconforming use). If appeal per 139-3111. &B __ , attach decisien or order ~ppealed. OK to. attach addendum. . Common driveway access 139-18 139-20.1 Requ.~st relief from .139-20 Off Street Loading Facilities to use loading bay on #16 Sparks Avenue by.easement.139-9 B.2 a and b - Light manufacturing and storage and war.ehousing. ~ tIl...~ Items enclesed as part of this Application: orderl. addendum2 . Lecus maP-1- site plan_Y__ shewing prcsent~ +planned N/A ~structures F~ee~ plans presentN/A propesed _ elevatJ..ens _ (HOC appreved? _) L1st1ngs let areaN~ frentag~~ .setbacksN~ GCR~ parking data~ Assesser-certifieaaddressee ITSt 4 sets r-ma~11ng .labels.2 setsY. f200 fee payable to Tewn ef Nantucket y -preof ___'cap' cevenant-== (If an appe,l, ask Tewn Clerk to. sena-Bldg Cemr's recerdto BeA.) . I certify tha~~he requested informatien submitted is sUbstant~allY cemplete and tru~te the best of my knewledge, under the pains and penal tics ef perj ury . . SIGNATURE: n~.. (j1f-J".-pJ .mULJt4 ~.k-(-:... Applicant ___ Atterney jagent 3(If net owner or owner's -attorney, enclose proof of autherity) ::t FOR Bell. OFFICE USE ~~ Application copies rec'd, 4 or_ for BoA on,~bY __ . One cepy filed with Tewn Clerk en~g2>bY cemp~::~C~~ One cepy each to. Planning Bd and Duildin~~t ~bY ~) $200 fee check gi~en Tewn Treasurer en~yfj!JJ wa~led?___ H~aring netice pested~maile~I &M~~~ ~~ Hearing(s) en~~__ cent'd te~~__, ~~__ withdrawn?~~__ Decisien due by~~__ made~~__ filed TC~~__ mailed~~__ See related cases lawsuits ether d w ;0 ::::: =1"1 ::= :"') ::0 N -.. ..:xl ' I -V -.. '~.o,J .1 ':j .:J GO ADDENDUM TO ZBA APPLICATION N-3958 KANE 18A SPARKS A VENUE 1) #539 of77 - Build 34X42 house w/CO 2) #1250 of79 - Build 2 car garage w/CO 3) #1298 of79 - Construct dormer 4) #2227 of 82 - Construct 168 foot shed 5) #2228 of 82 - Construct addition. Basement 408 feet F.F., 408 feet S.F. 690 feet 6) #10929 of94 - Construct garage apartment. Cellar 396 F.F. 94.5 S.F. 1058 w/CO 7) #900 of 98 - Home office addition west 257 feet Workshop addition west back 220 feet Workshop addition north 308 feet 3958mkaddendum :M .." If" ... .11" JltLESfONE: 1. ,. ... .. H- ., '\ \ \ o o o ... ;;j III '011 Ilt\' of . ;,KET ~,tt~ i . i ."f'I'tT"'RS . I I . IJ , ," I ~ -n. :~t# ".- .j. ,-, .................."'...~~.(" f'-. ... .. ..; .. ;;; .. 1li a " ~ '" < ~~~~ ~~s.. :c~g ..\:!r;;~ ~~g~ Ul~~H a: i o "'~ ~~ ~" i5<..; ::a~z 1ll"- 5~~ ~~~ a~!i ~i!l:l ..,,~ e"ji2 ~<l5 ~~~ ~ t illi..- ~~ ~~~ ... !l!~~ ~ 3 ~..~ i ....!.1lI l!;. !;!!~ " g....1G ~a.: Z ,,95: 3 ~ul . .. ~~~ l:l~t;:~t~ to! -~~ 3 iil~... a:V1~ZV1 ~Z ~i~rl ~ to!t is ;~I l; < 0: Ua ~ . ",z . ..iS~ to! 3 ~o: ~Iu~ii 0'" ~~~Ill.' ~d <~'t ]-Il flJ W'W (j < a: il;;j ZI/I'" ~u ~o.. i5~~ .....; ~~ 0..... ~~~ N9t:or&:i 0 ~5 ....22!;1 ~ i! ..~~ Z.:;).:;)~~~ ,;;:~I ilb"~~o ~ Bi 0 9~ i3He: ~ z III o UJ UJ o~ ~g >- I!: III 13 UJ '" >- ~ F! ~ . . z 8 $ ,. g III " ~ '" ~ a: ~ ~ a: ~ a: Ul l:l i5 m a: ~ ~~ ,~- - .tl''Il .. .00....""0 S e ::l!l 8 ~~ Ill"' o ~ ~ ~ ~ i! l!!~~ ~ ~ .. / i / ~I / / ~ /~ . ~ ,.: .... 1S~ i?' ~ -:: z~ !:" e ~ ~. g ~il ~f; q ~ ~ l\ ] .81:.11.00 N .U'K .00.. ~ ij~ ~I ~ Pi ~1 ji$ i5 1Il illg~~ ~ii!l!!~ ~~~~ lIl~a< ~~ll!" >-l:l!ol~ ~~..~ ~lil~~ ~gcn~ !'i<~li lJlI:~" eeil~ ffi!;l~~ "'~o" ,-nl!! ~~ ~~- I ~.. ~i ~ ~; '(I" II\~ ~ ~ lJl ~ a: .. "'I~! .g~; " ~ - :i --,: :: '" ..... ..,. ~e~ ~~~ fa: o~i :~. U<~ ~i5'!' ii!i~ ~t;~ ~<N ~~ti ~~a ~o~ ~ ~fz i'11! l!I lll~ o ." ~ : is " ,,~ ~ iiil ~ ~S~ ~ ,,1;l LEGEND: CB/DH FND DENOlES CONCRElE BOUND 'MTH DRI~OLE FOUND. SPA.R _ kS (1'41 COUNTY l.A\'lXrr) - A VENUE EDCE Of' PA~T ~jl ~l u-Df./ fI,#_ M: ~I 41 { ~ ..::~" "".~ ~....::-...... ............ L -;;- __ ~ (,........., -- ~ -- CURRENT ZONING: RES. COMM./p'ttR/WF MINIMUM LOT SIZE: 5,000 5.F. MINIMUM FRONTAGE: 40 FT. FRONTYARD SETBACK: NONE SIDE AND REAR SETBACK: 5 FT. ALLOWABLE G.C.R.: 50X EXISTING G.C.R.: 1 BA 28.8X :l: EXISTING G.C.R.: 16 26.4X :l: GREENSPACE ON BOTH LOTS EXCEEDS THE 20X REQUIRED. SITE PLAN TO ACCOMPANY A ZBA APPUCA TlON FOR 16 & 18A SPARKS AVENUE IN NANTUCKE~ MASSACHUSETIS ~ 1. SEE ZBA DECISION 113-92 RECORDED AT DD.BK. 409 PG. 210 REGARDING THE 1982 ADDITION AND THE SHED. 2. THE ORIGINAL BUILDING ON 18A IS EXEMPT AS A LAWFUL PRE -EXISllNG SlRUCTURE UNDER CH. 40A SECT. 6, MAss. GENERAL LAWS. 3. 16 SPARKS AVE. HAS THE BENEFIT OF SPECIAL PERMITS REGARDING MUL ll-F AMIL Y HOUSING. I o I 30 GRAPHIC SCALE 1"=30' I 60 r--, 90 120 ~5.6'~1A..--.... SCALE:1.z30' DATE: 2/3/2003 DEED REFERENCE: DD.BK.231 PG.47 DD.BK.4OB PG.154 PLAN REFERENCE: PLAN NO. 02-56 ASSESSOR'S REFERENCE: MAP: 55 PARCEl: 2JO & 231.2 PREPARED FOR: MICHAEL J. KANE AND MARCIA A. '" MICHAEL J. KANE NANTUCKET SURVEYORS INC. S 'MNDY WAY NANTUCKET, MA. 02554 N3585 & N7089 2 N.B. 206-137 NANTUCKET PLANNING BOARD 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 (508) 228-7233 Decision Michael J. Kane Special Permit # 05-03 March 10, 2003 The Planning Board of the Town of Nantucket, at its February 24, 2003 meeting considered a Special Permit request submitted by Michael J. Kane. The application is for the addition of a third dwelling unit located at 18A Sparks Avenue. The applicant is proposing to convert a portion of an existing shop to a dwelling unit. Relief Requested The applicant requests a Special Pennit for property located at 18A Sparks Avenue (Assessors Map # 55, Parcel # 230 & 231.2). The applicant is proposing to convert a portion of an existing shop to a dwelling unit. No alterations will be made to the exterior of the existing building. Basis for Findings At their February 24, 2003 meeting, the Planning Board considered the application, testimony from the applicant's representatives, plans and materials submitted including a site plan prepared by Nantucket Surveyors, Inc. and the staff report. No public testimony was offered during the public hearing. Findings The Planning Board finds that the application meets the requirements of the Residential O:munercial and Multi-family Overlay districts. The Board bases this finding on the Nantudeet ZwingBjaw, ~139-8. The Board finds that there is adequate parking and that the use in harmony with the intent Multi-family Overlay District and the Nantucket Zoning By-law. Decision Based on the aforementioned findings, the Planning Board, on February 24, 2003, voted 5-0 to APPROVE the above-referenced Special Pennit, based on plans dated February 24, 2003, staff recommendations, and the following conditions: 1. That the dwelling located on the site, in combination with the existing dwellings, not exceed a total of eight bedrooms; 2. That a covenant shall be filed at the Nantucket Registry of Deeds referencing the lot, limiting the housing to (a) year round occupancy, (b) peak seasonal (May 1 to October 30 or any part thereof) employee housing and by prohibiting occupancy or use by any other non- year-round residents in accordance with the definition of transient residential facilities or otherwise, shall be recorded at the Nantucket Registry of Deeds against the lot. Said covenant shall grant enforcement powers to the Town of Nantucket; 3. That a copy of the covenant be presented to the Planning Board to prior to the receipt of a building permit to convert a portion of the shop to a dwelling unit; 4. That a Certification of Water Quality Compliance issued from the Wannacomet Water Company shall presented to the Planning Board prior to the issuance of any building pemnts. Record of Vote on February 24, 2003 the following members of the Planning Board voted to APPROVE this Special Permit. On March 10, 2003 the Board voted to ENDORSE this . i 0~U~~ C Marshall eale AP ~~ ~~\ 3\?\Q) }o cLaughlin APPROVE -1-. ,..... ~., '-I ~_ <:_~ -""' .L:- . 8 :::1] 11 ,') ,'/ . I ::3: :x> :::c c-: ~--. .- - N ('11 COMMONWEALTH OF MASSACHUSETTS -0 N ~ - .-rj 1''' NANTUCXET,55 20Qi Then personally appeared C. ~hc:c.Lt fJ~ one of the above-named members of the Planning Board of Nantucket, Massachusetts and acknowledged the fore-going instrument to be his free act and deed before me. ~k lO l-{J~.!J I My Commission Expires: muJ1' Filed with the Town derk on: DAWN E HILL Nota~. Public My Com-r,iSslon Expires October 24 2008 20f3 NANTUCKET PLANNING BOARD 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 (508) 228-7233 March 13, 2003 Michael Bachman Nantucket Surveyors P.O. Box 937 5 Windy Way Nantucket, MA 02554 Dear Mr. Bachman: Enclosed is a copy of the Kane Special Permit Decision # 05-03, which has been filed with the Town Clerk. After twenty days have passed, and if there are no appeals filed, you may obtain a copy from the Town Clerk that may be submitted to the Registry of Deeds. Q~8kJn Dawn E. Hill Administrative Specialist NANTUCKET PLANNING BOARD DATE: APPLICANT: LOCATION: LEGAL DESCRIPTION: SIZE: LOTS: ZONING: GENERAL DESCRIPTION: PROPOSAL: 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 (508) 228-7233 February 24, 2003 Michael J. & Marcia A Kane 18A Sparks Avenue Tax Assessors Map 55, Parcel 231.2 14,166 Square feet 1 Residential Gmunercial (Rq This is an application for a Special Permit for the addition of a dwelling unit located at 18A Sparks Avenue. The site is zoned Residential Commercial (Rq. The surrounding properties are also zoned Residential Commercial (Rq and are primarily commercial uses mixed with some residential. The site is within the Mid-Island Multi-family Overlay District. Maximum ground cover for this district is 50%. The site is approximately 14,166 square feet in area with frontage along Sparks Avenue. Grrrendy located on the site are a one and a half story structure with a workshop and two dwelling units. The existing driveway and parking area is constructed primarily of brick pavers with some cobblestone. The applicant is proposing to modify a portion of the use in the existing structure by converting a portion of an existing workshop to an efficiency apartment. This modification would result in the addition of a third dwelling unit to the existing structure. In speaking with the applicant, no modifications to the exterior of the structure will be required to accommodate the addition of a third dwelling unit. The driveway configuration and parking will not change as a result of this proposal. Impervious surface coverage will also remain the same as currently exists, as no new buildings are to be constructed. The applicant meets the one dwelling unit per 2,500 square feet requirement pursuant to Zoning By- law section 139-9(q and also meets the requirements for parking and on-site turnaround. RECOMMENDATION: Staff recommends approval of this application for a Special Permit with the following conditions: 1. That the dwelling located on the site, in combination with the existing dwellings, not exceed a total of eight bedrooms; 2. That either a new covenant or an amendment to the existing covenant shall be filed at the Nantucket Registry of Deeds referencing the lot, limiting the housing to (a) year round occupancy, (b) peak seasonal (May 1 to October 30 or any part thereof) employee housing and by prohibiting occupancy or use by any other non-year-round residents in accordance with the definition of transient residential facilities or otherwise, shall be recorded at the Nantucket Registry of Deeds against the lot. Said covenant shall grant enforcement powers to the Town of Nantucket; 3. A copy of the new/amended covenant be presented to the Planning Board to prior to the receipt of a building permit to convert a portion of the existing workshop to a dwelling unit; 4. A Certification of Water Quality Compliance, issued from the Wannacomet Water Company confirming that the partial change in use of the existing building of does not impact the previously issued Certification of Water Quality Compliance, shall presented to the Planning Board prior to the issuance of any building penmts. Michael J. and Marcia A Kane Page 2 of 2 "2 o 'i: ~~ <:> (:) <<'~ \ ~ . \S':J:. ~ ;:r ~ ~ ... - :z -=-1" ,.,,, .C-tlMU.~ I': 11'.. t\VI\ll\,e&~ '^' IJ",\\..C. ~ t; 1/ A-tZ. K t; iCfi-0fr'0J7 w+- \>\~~. 11- 1-'lI.1 i-J IF . i70'>.ll-l\~"L.~\l..G- rfJG. I I I I I ~ I ..... ~I I ..>~ I ~ ~~~ I ~~~\ ~ ~~ I \jre>- ~~:- I .;'<?~\ ? si I \-?' r :l'::; I , I! k~q ~ : In ~;r~ ~!: r>'\~ I ~,i ) }/ :\ ;./ ._:;.l4~~"" "" ~ / l~ - - _/ '" ..~l /~ .~ \ ~l ~ ~,~- .~ <<' r p~c.e. ~"'t1 b '" .,; 1'S) \ 9:illl' I "" I ~ I l- ___ -, .7? . \ \ 09-In ~urH ". 1J.iw.t! -~ ~ --.- ~\ ~ ~\ 1~,4&") ~.~ I'-k~e."f ~ \1! . l' '0. .....--........ ,,'I - ').?& 'tJ/r. 1,.",.AE.'1 \.1{. (\l.I.f\\L'{tJ 1. c'AI\N~lI . STIl\l:TUAES _ORKIN; WITH PRE5EJ{! smOCK AEOOlROEHl'S 11 TIE SID ClH'OIIID Tll Sfllla AEOOIRElENTS AT HE TlItO IF C06TIlXTIIIt IUllROIIll TO lIIlEAS IflIIlll'JIT. 21 TIE ORlGIIIL IlIlLDIIll IS fJElI>T AS A LJIELlL PIlE- EIlSTIIll STIIlI:T\I!E IIlIIER Dl. ,00 SECT. '. !'ASS. GDEIb'L UIoIS. AS-BUlL T PLOT PLAN IN NANTUCKET. MASSACHUSETTS SCALE:\~.}Q' DATE:}JQI(. ~, ~~J-.. DEED REFERENCE~Jl'><.:;'\tq:l;o'IQ,jlUml;v~. . '.... "". ),)1 1'<,."\7 Pi_AN REFERENCE:\1...fll.G U-~ ASSESSOR'S REFERENCE: MAP:?Ii PARCEL:'P.il.l. PREPARED FOR: ~\(J\I\l:.L 1. ~1\'Jr.. ( \1I'o<\u" A.. \,PwE, NANTUCKET SURVEYORS INC. 5 WINDY WAY NANTUCKET, MA. 02554 . 7 CURRENT ZONING: <;(-C MINIMUM LOT SIZE: ?,OOo (.1' MINIMUM FRONTAGE: 4Q f'f. FRONTYARD SETBACK: "0"(; SIDE AND REAR SETBACK: 611 ALLOWABLE G,C.R.: 50 '/0 EXISTlNG G.C.R.: \"),41. :!; FOR PROPERTY LINE DETERMINA TlON lHlS PLOT PLAN RELIES ON CURRENT DEEDS AND PLANS OF RECORD. VERIF1EO BY FIELD MEASUREMENTS AS SHOWN HEREON. lHlS PLAN IS NOT REPRESENTED TO BE A TITLE EXAMINATION OR A RE~aROABLE SURVEY. N.B. (,; -1'51 N- "2 o '!: ......~ o 0 ft' ..--~ \ u-.. . \S-% " ~ 0' ~ ~ .::::.. ::r ~~,.,.,,, ~tM~ "f.1f\. ttVi\Ill..e.&~ "^' A^,,~ ' ~~.y-t-. 'I-rPA'f\ K~ d 79 2- 0-c9&~ i . 11~-1-'JI.\ \.J IF h170\IJIol'{f'\..I\\4.s. 1tJlJ. \;: ~ . . ~~ .~ <<'- r- p~c.1!> t=-J..:'V' ~.;O1l' I @ . I.--~-~ ~ .~ \ @ k.__....... I :;-d: ~~ ~. ~ii ~~I /. .\ .+/- . .l'\~~"'" .z' " I J.~ ~it-- .~ \ ~ ~ CURRENT ZONING: \<.c.. MINIMUM LOT SIZE: r () J ~ 31 TIE POKTlIJi OF TIE RllUITIOH WITHIN TIE 5' smOCK IS , J 00 " r. IDHllIf'ORlIIIll. ~YER IT lollS COHSTRLtTEO lMlEIl MINIMUM FRONTAGE: "lQ l'f. .IUILDIIll PERIlIT ISSWlIV'RIL e, \'12 lV<D.IS I()T SUllJECT F.RONTYARD SETBACI(: ,,",0"" TO Elt'DlW'EllT 0CC0llD1~ 10.H/lS~. GElUIL w.; 01. IN>, SIDE AND REAR SEiBACK: '51'1- sm. 7, .. ALLOWABLE G.C.R.: 50 '/0 EXISTING G.C.R.: \'l'1~.'" ?I\..?o~'1J (',.,C.Il., ::. ~~ 1- 1:. t.l1Wl . l,?I\tE:..1'O."'/lueV ~ ~I;. fOR PROPERi'I' LINE DE1ERMINA TION THIS LbT PLAN . (lEUES ON CURRENT DEEDS AND PLANS Of RECORD. VERlflEO BY FIELD MEASUREMENTS AS SHOWN HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TITLE EXAMINATION OR A RECOROABLE SURVEY. N.S. Co -1'5\ ..... ~3 ...... r:: ~ z: . ~.- j t ~ :>: '. \ cJ \1l l' It r I' ,. ~~ \ CDI ; ~ \L ' I'. 0'i-P7 ~u1H ". wW-4 -..r- i4. 48! ~:f. .~ <S: \ 1 ~ II -=L- _ (.~' \ 1&' ~, . ': .q.Vl/e-f'., "'k""'K..~r _",--'._~'-. ..."..,,,,,,,,,,,,,'~, F"~. '\ .\)! J,'.... ~,rj - -;..'" 'tI/>;' -::r"'ME.~ \J.f. ( \i.1.f\\L,\lJ i. <'.I\I\NI:.1I . STR\l:IUI1ES IDH:llf'ORIUHG WIlli PRESEllI SETiroI IIflAllllEl'EllfS 11 TIE SItD a>>I'llAlEIl TO SETiroI IIflAlIIlEl'EllfS AT Tlf TlHE IF ClIl5TJU:l11Ji IlCClIRDIHG TO IJIEJ1S ~FIOIlVIT: PLOT PLAN IN NANTUCKET, MASSACHUSETTS SCALE:\ ~. }Q' DA TE:~bi-i Illl~~} DEED REFERENCE~J.1'1<.I1~.TqJIO',ll;d(\"'l;."'" . fle......~~IP'r1t.-- PLAN REFERENCE:R..f\~ ~-E: ASSESSOR'S REFERENCE: MAP:?5 PARCE~;BI.~ PREP ARED FOR: Y\lU11\Ll.. 1: \<;I\~C;-(:W"""".I<- A,,-\,ANE; NANTUCKET SURVEYORS INC. 5 WINDY WAY NANTUCKET, .MA. 02554 21 TIE ORIGIIIl. DUILDIIll IS EIEl'l>T AS A LMU.L Pf<E. EllSllHG STIIII:TllRE l.IIIIER OL lOll SECT. L, l'ilSS. GEHERS>. 1M- N- TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: December /'l, 19 92 To: Parties in Interest and, Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 113-92 Owner/Applicant: MICHAEL J. KANE AND MARCIA A. KANE Enclosed is the Decision of the BOARD OF AP~EALS 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. Da~~g~pJ.. (j)~Q , cc: Town Clerk Planning Board Building Commissioner ZONING BOARD OF APPEALS 3 South Beach Street Nantucket, Mass. 02554 Map 55-0-0 Parcel 231.2 RC 18A Sparks Avenue 176/260 At a Public Hearing of the zoning Board of Appeals held at 1:00 P.M., Monday, December 14, 1992, in the Town and County Building, Broad street, Nantucket, Massachusetts, on the Application of MICHAEL J. KANE and MARCIA A. KANE, 18A Sparks Avenue, Nantucket, Mass. 02554, Board of Appeals File No. 113- 92, the Board made the following DECISION: 1. Applicants are seeking relief by Special Permit under ~139- 16C(2) to validate the siting of an existing shed on the premises. The shed is sited 4.0i feet from the rear lot line and 4.2i feet from the side lot line. In addition, Applicant is seeking relief by special Permit under ~139-33A to validate the construction of an addition under a Building Permit issued in April, 1982, to a dwelling which is said to be nonconforming as to side yard setback. The dwelling is 3.2i feet from the side lot line; a minimum 5 foot side yard setback is required in the district. The addition does not come closer to the lot line than the previously existing portion of the dwelling. In the alternative, Applicant is seeking relief by Variance under ~139-32A from the requirements of ~139-16A (Intensity regulations - side/rear yard setback) to validate the siting of the existing structures on the premises. In addition, Applicant is seeking relief by Special Permit under ~139-33A to allow the alteration of the dwelling on the premises by adding connector to the garage and workspace on the ground floor of an 18' x 20' foot addition attached to the side of the garage, with living space on the second floor, and a stairway at the rear of the garage. The premises are located at 18A SPARKS AVENUE, Assessor's Map 55, parcel 231.2, as shown in Plan File 26-E, Lot E. The property is zoned RC. 2. The Decision is based upon the Application and materials submitted with it, the testimony and evidence presented at the Hearing, two (2) letters in support of the request for relief, and no recommendation from the Planning Board. 3. Applicants' counsel represented that the nonconforming shed and nonconforming addition to the dwelling on the lot were both built pursuant to valid Building Permits issued in 1982 and that the ten (10) year statutory period on enforcement actions has expired. Applicants' counsel further represented that both setback intrusions were unintentional. 4. Applicants counsel also explained that the addition to the dwelling does not come closer to the lot line than the original portion of the dwelling, and that such an addition is allowable Application No. 113-92 DECISION by special Permit under 9139-33A(5). 5. Applicants' counsel explained the proposed addition to the dwelling, which would connect it to the existing garage, as adding workshop on the first floor of the new space, and living space on the second floor, with a separate stairway to provide additional access. 6. By unanimous vote (Waine, Williams, Leichter, O'Mara, and Angelastro in favor) the Board finds that, as to the shed, the burden of eliminating the setback encroachments outweighs the benefit to abutters, and that the shed was sited before 1991, and the Board finds, as to the original addition to the dwelling, that the addition does not increase the nonconforming distance and that the addition is not substantially more detrimental to the neighborhood than the previously existing dwelling, and, as to the proposed addition, the Board finds that it neither intensifies any existing nonconformities nor adds any new ones, and GRANTS the relief requested by Special Permit under 99139- 16C(2) and 139-33A to validate the siting of the shed, to validate the construction of the addition on the west side of the dwelling, and to allow the construction of the addition on the southeast side of the dwelling as proposed, subject to the following condition: A. The addition must be constructed substantially in compliance with the plans appended ~ ~ . If, lC(qv Michael Angelastro 2 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 December ;91 ' Date: 19 92 CERTIFICATE OF GRANTING OF ~~~SPECIAL PERMIT (Massachusetts General Laws, Chapter 40A, section 11) The BOARD OF APPEALS of the TOWN OF NANTUCKET, hereby certifies tha t a ~xamcd0oox SPECIAL PERMIT has been GRANTED: To: (Owner/Applicant) Michael J. Kane and Marcia A. Kane (113-92) Address: 18A Sparks Avenue, Nantucket, MA 02554 affecting the rights of the Owner/Applicant with respect to land or building at: 18A Sparks Avenue, Assessor's M~p ~~. P~rrp1 711 7 as shown in Plan File 26-E, Lot E Deed Reference: 176, 260 And the BOARD OF APPEALS further certifies that the attached Decision is a true and correct copy of its Decision GRANTING the ~~RX~~XKX~R~~~R SPECIAL PERMIT and that copies of the Decision and of all plans referred to in the Decision have been filed with the Planning Board and the Town Clerk. The BOARD OF APPEALS calls to the attention of the Owner/ Applicant that General Laws, Chapter 40A, Section 11 (last paragraph) provides that no XKRXKOC~Rx~~OCK~<< SPECIAL PERMIT, or any EXTENSION, MODIFICATION or RENEWAL thereof, shall take effect until (a) a copy of the Decision is certified by the Town Clerk that TWENTY (20) days have elapsed after the Decision has been filed in the office of the Town Clerk and no appeal has been filed (or, if such appeal has been filed, that it has been dismissed or denied) and (b) the certified copy is recorded in the Registry of Deeds for the County of Nantucket and indexed in the grantor index under the name of the Owner of Record (,' is recorded and noted on the Owner's Certificate of TJUe. The fee' fl;! su~'~~n~~r ~~g shaJl be paid by the ownr.'/APPliC"~ rhdirrnan Linda F. Williams n....... ,....... T.T ,.-.l'....... ., Y'1 r""\ .' 1 N-7089 () 11 /l,t> Town of Nantucket . RECEIVED ", BOARD OF ASSESSORS JAN ..0 2 2003 tOWN OF NANTUCKET, MA .'." ZONING BOARD OF APPEALS LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF PROPE~ TY OWN ER.... ~~s~~.~~ ..~..~<;t;:~~,~, .~.~~~,.....,..,..,....,..,......,..... 18A Sparks Ave, Nantucket, MA 02554 M A I L rNG ADD RES S, .. , .. , , , . . , ... .., ... , , , , .. , , , , , . . .. .. , .. , , .. '" , .. . , . , .. , .. .. , , '" , '" .' Same PRO PER TY LOC A TI ON, . . . .. .. , , . , , .. .. , , .. .. , '" , .. .. . '" .., , .. , , .... , . .. .. ... '" . . , .., , ASSESSORS MAP/PARCEL.. ~?, ,~, .~.~~. =.~".,.."..,.". '.. ....,.,...".,...." ..,. ,. APPLICANT..... .t1~~.l).~~J. .~. .~~~~~.~.. ~<;t.~~.,.......,.....,......"......,....."".., SEE ATTACHED PAGES I cenify 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 i 1 Zoning Code Chapter 139. Section 139-29D (2) lJ:::" .. J.,. .eX ~.t! .3. . . 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