HomeMy WebLinkAbout047-03
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: ;(jO(f.J~J/hbf Y 7 , 20 Os
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: o Lf7-o3
Owner/Applicant: -!forvord !?:nvclc:::;ley, JIr OS avhe";l
Ci.f\d .J:,. r.nes F. Go T-e ( Y I (IT . I' a c; T IV sVe e Cl'-P
A-/J Pun/0 Rfh l-t]l Tvur;'1: a ~ ~n YVO-Ct (?CYCk1s'ev
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.
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cc: Town Clerk
Planning Board
Building Commissioner
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME
LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING-TO NANTUCKET
ZONING BY-LAW ~139-30I (SPECIAL PERMITS); ~139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET ZONING BOARD OF APPEALS
1 East Chestnut Street
Nantucket, Massachusetts 02554
Assessor's Map 59.4, Parcel 335
277 Madaket Road
Certificate of Title No. 6193
Land Court Plan 3092-S
Lot 89
Residential-2
DECISION:
1 . At a publ ic hearing of the Nantucket Zoning Board of
Appeals, on Friday, August 8, 2003, at 1:00 P.M., continued to
Friday, October 17, 2003, at 1:00 P.M., in the Conference Room,
in the Town Annex Building, 37 Washington Street, Nantucket,
Massachusetts, continued further to Thursday, October 30, 2003,
at 6:00 P.M., in the Large Group Instruction Room, Nantucket High
School, Nantucket, Massachusetts, the Board made the following
decision on the amended application of HOWARD BARDSLEY III, as
Owner, and JAMES F. GATELY II, as Trustee of ALL DUNN REALTY
TRUST as Contract Purchaser, c/o Reade, Gullicksen, Hanley &
Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts
02584, File No. 047-03:
2. The Applicant Trustee 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 Trustee proposes that he will, after acquiring the Locus,
demolish an existing single-family dwelling and reconstruct a new
single-family dwelling, which would be less nonconforming than
the existing structure. The existing dwelling is nonconforming
as to front yard setback, being sited as close as about 11.5 feet
from the front lot line, with the minimum front yard setback in
this zoning district being 30 feet, and as to side yard setback,
with the structure being sited with setback of about 7.0 feet
from the northeasterly lot line, with the minimum side yard
setback in this zoning district being ten feet. The proposed new
structure would be no more nonconforming as to front yard
setback, as it would also be sited at about 11.5 feet from the
front lot line. The side yard setback nonconformity would be
eliminated, and the structure would meet all other dimensional
requirements of the Zoning By-law. In addition or in the
alternative, the Trustee requests relief by VARIANCE from the
front yard setback requirement of 30 feet as established by ~139-
16.A, to allow the new dwelling to be sited at about 11.5 feet
from Madaket Road. The subj ect property (the "Locus"), as
improved with the new dwelling, would continue to meet ground
cover, parking, and all other setback requirements. In addition,
the Locus is nonconforming as to lot area, containing about 4,800
square feet of area, with minimum lot area in this zoning
district being 20,000 square feet. The Locus is situated at 277
MADAKET ROAD, Assessor's Map 59.4, Parcel 335, is shown on Land
Court Plan 3092-S as Lot 89, and is situated in a Residential-2
zoning district.
3. Our Decision is based upon the Application and
accompanying materials, and representations and testimony
received at our public hearing. The Planning Board recommendation
was that no matter of planning significance was presented. In
addition to the presentation by the Applicants and their
representatives, one neighbor spoke personally in favor of the
Application, and another supported the Application through a
presentation by counsel. These neighbors, in their support,
spoke about their appreciation of Applicants' cooperation in
revising the project to address their concerns. No other support
or opposition was presented at the public hearing.
4. The Locus and the adjacent land known as 53 Washington
Avenue, shown as Lots 21 and 22, Block 138, on Land Court Plan
3092-D ("53 Washington Avenue") are owned by the Applicant,
Howard Bardsley III, by virtue of Certificate of Title No. 6193
at Nantucket Registry District. The Locus and Lot 89 are each
improved with a single-family dwelling, and each dwelling pre-
existed the 1972 adoption of the Nantucket Zoning By-law, as
explained by the Applicant Bardsley of his own personal
knowledge; the dwelling upon the Locus was moved to the site in
1955, and the dwelling upon 53 Washington Avenue was moved there
in 1963. Accordingly, even though the Locus and 53 Washington
Avenue are each undersized lots, they have not merged together
for zoning purposes pursuant to the provision of the definition
of "Lot" in Nantucket Zoning By-law ~139-2, which sets forth that
adjacent parcels in common ownership, each of which has been
lawfully improved with one or more dwellings conforming to all
applicable zoning requirements at the time of construction and
each of which parcels conformed with applicable area and frontage
requirements at the time of construction, shall be considered as
separate lots for all zoning purposes. Here, the dwellings on
both the Locus and 53 Washington Avenue pre-existed all zoning
requirements, and thus no merger occurred.
5. The Applicant Bardsley now proposes to sell the Locus to
the Applicant Trustee, and to sell 53 Washington Avenue to
another purchaser. The Trustee wishes to demolish or remove the
existing dwelling upon the Locus, and to construct a new
dwelling, with ground cover of about 1,159 square feet (less than
the 30%, or in this instance 1,440 square feet, allowed for lots
of record containing less than 5,000 square feet). The Trustee
proposes to eliminate the existing northeasterly side yard
setback nonconformity. The Trustee further proposes to site the
new dwelling with front yard setback from the line of Madaket
Road no closer than about 11.5 feet, the same as the existing
dwelling.
6. As presented by the Applicants, the locations of the new
existing leaching trenches for the on-site sewage disposal
systems serving both the Locus and 53 Washington Avenue, from
which a separation of ten feet is required, prevent the new
dwelling from being located farther from Madaket Road than the
11.5 feet of front yard setback which was proposed. A Variance
from the ten-foot separation requirement between the dwelling and
the septic system has been obtained from the Board of Health to
reduce the setback to five feet to allow the construction of the
new dwelling, which further limits the available building
envelope.
7. Under these circumstances, and with particular
importance being given to the support from the abutters, the
Board of Appeals, by UNANIMOUS vote, made the finding with
respect to the proposed VARIANCE relief from the front yard
setback requirement, to enable the new dwelling to be sited as
shown upon a plot plan by Blackwell & Associates, Inc., dated
July 11, 2003, a reduced copy of which is attached hereto as
Exhibit A, that owing to circumstances relating to the soil
conditions, shape or topography of the Locus (specifically, the
location of the leaching trenches) and especially affecting the
Locus but not affecting generally the zoning district in which
the Locus is situated, a literal enforcement of the provisions of
the Zoning By-law would involve substantial hardship to the
Applicants (specifically, the inability to use the Locus for any
useful purpose), and that desirable relief may be granted without
substantial detriment to the public good and without nullifying
or substantially derogating from the intent or purpose of the
Zoning By-law. Accordingly, by the same UNANIMOUS vote, the
Board of Appeals GRANTED relief by VARIANCE from the requirement
of By-law ~139-16 .A, that front yard setback be a minimum of
thirty feet, to enable the new dwelling to be constructed
substantially as shown upon Exhibit A. In the light of the grant
of variance relief, the Board determined the request for relief
by special permit to be moot.
8. The relief granted is based upon the following
conditions:
(a) The construction hereby authorized shall be done
in substantial conformity with the location envelope of the new
dwelling as shown upon Exhibit A; and
(b) No exterior construction work related to this
project shall be performed during the period between June 1 and
September 15 in any calendar year.
Dated: NOVember~, 2003
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11/06/2003 13:28 FAX 5082285630
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ORIGINAL SICtIW ~o STAllPED COPES OF iHlS PlAN MAY BE
PHOTOCOPIED f1Y '!)tE B04R1l Of APPfALS OR TliE NANJUCKET
COUNIY REGISTRY oF' DEEDS FOR RECORDING PllRPos[s.
1M CASES OF 1JSCREPAMCI!S REGAIIOIHG INFORMAnoN CONrHNED
tmOK Nfl) UItAlI1ltOR1;ED PIlOTOCOPlES Of lHl$ PlAN. ONlY
ORlCM.I.Y STNllPED AND DlOORSmED COPIES SIIALl. BE
ACKNOWI.EIlCS) Ih' lllE CERI1f'YING WIt) SUIM:YOR.
TIi1S PlOT PIAN WAS PREPARED TO ACCOWPANY A" NlPUCATION
TO THr: NANTUCKET BOAAO OF' APPOO N([) IS t(lT TO BE
COI'SOERED A Fl.lL INSIRUMOO SIMY.
1lflS P~ SHOUlD NOT BE ~~ PROPERrt L1Npl
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nil: PROPER'lY LINES SIlOWN RILl' 011 CURRENT DEtOs AI'f) PlJ.HS
or IllCOftD.
1lIlS PLOT PlAN IS NOT A lEmFK:ATlON AS TO TO THE llTlE OR
OWNERSHIP or TIf: PROPERTY SHOWN. OWNERS or ADJOINING FROPERT(S
HIE SHOWN IiCCOROING TO CUIIRENT TOlIN CE' NNffilCKET ASSESSOR
RECORDS.
THlS PlAIf ~y HOT BE VSED FOR Ntf OMR PURPOSE 1lIAN lIS
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Boa.rd of Appeals .ApplicCJtion
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Ncmtucbt JlO8SfI.Chusetts 02554
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08/11/2003 15:57 FAX 5082285630
READE GULLICKSE
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6-69
Form
NANTUCKB~ ZONXNG ~oARD OF APP~A~5
TOwN :AND COUN'rY BUJ:LD:ING
NAN'.rOCItBT, .Jom 02554
FUe No. 'Ziti}:>)"
Assessor's parcelD'(? -G--~
TH~S AGREEMENT TO EXTEND THE TIME L~MIT FOR THE BOARD OF
APPEALS TO "M1U{E A DECISION (or to hold a public hearinq 01:'
take other action) concerns the Application of:
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pursuant to the pro is ions of the AC~s of 1987, Chapter
49B I aJl\encting the state Zoning Act,. Chapter 40A of the
Massa.chusetts. Ge~era.l LaWs, APp~ica.nt(s)Ipet.ition~r(s). a~cl
the Board, of Appeals "hereby aqree to extend the t111\e l.1ml::'
_ for a p\1blic hearing ~ on the Application, or
for a decision ~of the .Board, or
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!?y the Boe-ra,
(whether such APplication.is an appeal from the
decision of anr'administrative o~ficial~ petition for
. a special per1u.t ~.' or for a "Variance K, or for any
e~~~sion ___, ~o4~f1cation ___,or;renewal --- tber~of)
_ for any other action
to. the NEW TIME L:J;:MIT of midnight on ~... ~)~ ?~
but not earl.ier than a time li1O.it set y s1:.atute' or. y ~".
The Applicant(s), or the attorney k or agent for,
App1icant(s) represented to be dulyauthori~ed to act ill
this ,matter for Applicant(sl, in executin<1 this Aqreemen':'
waives any rig tinder the Nantucket zOIll.ng Bylaw and t'.e.
state Zoni , as amended, to. the extent, but only to
the ext.e consi,st. with this Agreement. .
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Form
6-89
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET,MA 02554
File No.1i4-/33J/
Assessor's parcelO 17 - G3
THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF
APPEALS TO.MAKE A DECISION (or to hold a public hearing or
take other action) concerns the Application of:
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OOVY'N.JJ I / frus: cA (k)nfl ~r
Pursuant to the pro is ions of the Acts of 1987, Chapter
498, amending the State zoning Act, Chapter 40A of the
Massachusetts General Laws, Applicant (s)/petitioner(s) and
the Board of Appeals hereby agree to extend the time limit
- for a public hearing~ on the Application, or
- for a decision K-of the Board, or
- for any other action
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by the Board,
(whether such Application.is an appeal from the
decisic;>n of an:'( .administrative off~cial~ petition for
a Spec~al Pernu.t ~. or for a Varl.ance ~, or for any
extension , modl.fication , or: renewal thereof)
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to the NEW TIME LIMIT of midnight on ~... k), ?~
but not earlier than a time limit set by statute'or bylaw.
The ~pplicant(s), or the attorney K or a9'ent _ for.-
Appll.cant(s) represented to be duly authorl.zed to act l.n
th~smatter ~or Applicant(s), in executin9' this Agreement
wal.ves any rl.ghts under the Nantucket zonl.ng Bylaw and the
state zoning Act, as amended, to the extent, but only to
the ext t, inconsistent with this Agreement.
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Agreement filed
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in the office of the Town Clerk:
Town Clerk
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, AUGUST 8, 2003, IN THE CONFERENCE ROOM,
TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the
Application of the following:
THE FOLLOWING CASE ORIGINALLY SCHEDULED TO BE HEARD IN
JUNE AND THEN JULY. WAS AMENDED BY THE APPLICANT TO INCLUDE
FURTHER RELIEF:
HOWARD BARDSLEY, III, OWNER AND FOR JAMES F. GATELY, II, TRUSTEE
OF ALL DUNN REALTY TRUST
BOARD OF APPEALS FILE NO. 047-03
Applicant (Gately) 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 demolish and reconstruct an existing single-family
dwelling, which would be less nonconforming than the existing structure. The existing
dwelling is nonconforming as to front yard setback, being sited as close as about 11.5 feet
from the front yard lot line in a district that requires a minimum front yard setback of30
feet, and as to side yard setback with the structure being sited as close as about 7.0 feet
from the northeasterly lot line, in a district that requires a minimum side yard setback of
ten feet. The new structure would maintain the existing front yard setback distance of
about 11.5 feet and would make the side yard setback distance conforming by increasing
the setback distance to ten feet on the northeasterly side. The existing rear shed, not
conforming as to rear and side yard setbacks, would not be affected by this Application.
In the alternative, the Applicant requests reliefby VARIANCE from the front yard
setback requirement of30 feet under By-law gI39-16A, to permit the replacement
structure to be sited at about 11.5 feet from Madaket Road. The Locus would continue to
meet ground cover and parking requirements. In addition, the Locus is nonconforming as
to lot size with the Lot containing about 4,800 square feet in a district that requires a
minimum lot size of20,000 square feet.
The Premises is located at 277 MADAKET ROAD, Assessor's Map 59.4, Parcel
335. The property is zoned Residential-2.
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THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
AL TERNA TIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
CASE NO. () tf7 -03
FEE: $300.00
AMENDED APPLICATION FOR RELIEF
Owner's name(s): Howard Bardsley III
Mailing address: c/o Reade, Gullicksen, Hanley & Gifford, LLP
Applicant's name(s): James F. Gately II, Trustee of All Dunn Realty Trust
Mailing address: 6 Youn~'s Way, P. O. Box 2669, Nantucket, Massachusetts 02584
Locus address: 277 Madaket Road, Madaket Assessor's Map/Parcel: 59.4-335
Land Court Plan No.: 3092-S
Lot No.: 89
Date lot acquired: April 12, 1971 Cert. of Title: 6193
Zoning District: Residential-2
Uses on Lot - Commercial: None~ Yes (describe)
Residential: Number of dwellings-L- Duplex_ Apartments_Rental Rooms
Building Date(s): All pre-date 7/72? x or
--euilding Permit Nos:
Previous Zoning Board Application Nos.:
State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of
the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities:
C of O(s)?
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See attached addendum.
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lete and true to the best of my
I certify that the information contained herein is substantially
knowledge, under the pai s and penalties of perjury.
SIGNATURE:;' Applicant Attorney/Agent x
(If not owner or ower's attorney, please enclose proof of agency to bring this matter before the Board)
FOI3--~A OFFICE USE I ./"
Application received on: 2../ I J/1i1 By: LJli{A / Complet~ Need copies?: .
Filed with Town Clerk:21t(:~6Planning Board: 7A1~Bnilding Dept.2/de.~y: ~ j
Fee deposited with Town Treasurer:_/_/_ By: ~ requested?:_Granted:_/ /_
Hearing notice posted with Town Clerk:-=:1L~Mailed:_=2/Q!~I&M:.:2/~ & 7;~
Hearing(s) held on:~~_ Opened on:~~_ Continued to:_/~_ Withdrawn?:_/~_
DECISION DUE BY:_/_/_ Made:_/_/_ Filed w/Town Clerk:~_/_ Mailed:_/_/_
DECISION APPEALED?: / / SUPERIOR COURT:
---
LAND COURT
Form 4/03/03
ADDENDUM
The applicant, as contraet purchaser, requests a Special Per.mit
under Nantucket Zoning By-law ~139-33.A, to demolish a pre-
existing, nonconfor.ming dwelling and to replace it with a new
dwelling, which will not be more nonconfor.ming than the existing
structure. The existing dwelling is nonconfor.ming as to front
yard setback, with setback of about 11.5 feet, in a district
where minimum front yard setback is 30 feet, and side yard
setback of about 7.0 feet, in a district in which minimum side
yard setback is 10 feet. An existing shed, not confor.ming to
side and rear yard setback requirements, will not be affected by
this application. The locus has lot area of about 4,800 square
feet, with minimum lot area in this district being 20,000 square
feet. The proposed new dwelling will have front yard setback of
about 11.5 feet. The applicable ground cover ratio of 30% for a
pre-existing lot of record with area less than 5,000 square feet
will not be exceeded, and all other applicable zoning
requirements will be met. In the alternative, the applicant
requests relief by Variance from the front yard setback
requirement of 30 feet under By-law ~139-16 .A, to per.mit the
replacement structure to be sited at about 11.5 feet from Madaket
Road. Al though the locus has been in common ownership wi th
adjacent land, it is considered as a separate lot for all
purposes under the Zoning By-law by virtue of the definition of
"Lot" in By-law ~139-2, because each of the locus and the
adjacent parcel was lawfully improved with a dwelling confor.ming
to applicable zoning requirements (that is, none) prior to
adoption of the Zoning By-law, and each lot complied with
applicable zoning requirements (that is, none) at the time of
construction.
F:\WpA\All Dunn\ZBA APP revised.doc
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
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A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will
be held at 1:00 P.M., FRIDAY, JUNE 13,2003, IN THE CONFERENCE ROOM,
TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, Ol+ the
Application of the following: \.Q
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
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HOWARD BARDSLEY, Ill, OWNER AND FOR JAMES F. GATELY, II, TRUSTEE
OF ALL DUNN REALTY TRUST
BOARD OF APPEALS FILE NO. 047-03
Applicant (Gately) 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 demolish and reconstruct an existing single-family
dwelling, which would be less nonconforming than the existing structure. The existing
dwelling is nonconforming as to front yard setback, being sited as close as about 11.5 feet
from the front yard lot line in a district that requires a minimum front yard setback of 30
feet, and as to side yard setback with the structure being sited as close as about 7.0 feet
from the northeasterly lot line, in a district that requires a minimum side yard setback of
ten feet. The new structure would maintain the existing front yard setback distance of
about 11.5 feet and would make the side yard setback distance conforming by increasing
the setback distance to ten feet on the northeasterly side. The existing rear shed, not
conforming as to rear and side yard setbacks, would not be affected by this Application.
The Locus would continue to meet ground cover and parking requirements. In addition,
the Locus is nonconforming as to lot size with the Lot containing about 4,800 square feet
in a district that requires a minimum lot size of 20,000 square feet.
The Premises is located at 277 MADAKET ROAD, Assessor's Map 59.4, Parcel
335. The property is zoned Residential-2.
/]< Od^ 0~~Jv^e~
Nancy 1. Sevrens, C an
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
CASE NO.OY1'-03
FEE: $300.00
APPLICATION FOR RELIEF
Owner's name(s): Howard Bardsley III
Mailing address: c/o Reade, Gullicksen, Hanley & Gifford, LLP
Applicant's name(s): James F. Gately II, Trustee of All Dunn Realty Trust
Mailing address: 6 Youn~'s Way, P. O. Box 2669, Nantucket, Massachusetts 02584
Locus address: 277 Madaket Road, Madaket Assessor's Map/Parcel: 59.4-335
Land Court Plan No.: 3092-S
Lot No.: 89
Date lot acquired: April 12, 1971 Cert. of Title: 6193
Uses on Lot - Commercial: None~ Yes (describe)
Residential: Number of dwellings-1- Duplex_ Apartments_Rental Rooms
Zoning District: Residential-2
Building Date(s): All pre-date 7/72? x
Building Permit Nos:
Previous Zoning Board Application Nos.:
State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of
the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities:
or
C of O(s)?
See attached addendum.
I certify that the information contained herein is substantially complete and true to the best of my
knowledge, under the pains and penalties of perjury.
,
SiGNATURE: Applicant Attorney/Agent x
(If not owner or owe's attorney, please enclose proof of agency to bring t .s matter before the Board)
~ FO AO FICEUSE
Application received on: r;1 lEI By: Complete: Need copies?:
Filed with Town Clerk:~ _/~1'1anmng Hoard:_1 _I_Building Dept.:_/ _~By: (h~ )
Fee deposited with Town Treasurer: ~I Zc?fbBy: ~aiver requested?:_Granted:_I_I_
Hearing notice posted with Town Clerk:~r&lcb Mailed:..('I)dlo?l&M: SIC? ICJ>& (PIS-1m..
Hearing(s) held on:_/~_ Opened on:~_I_ Continued to:~_I_ Withdrawn?:_I_I_
DECISION DUE BY:~_I_ Made:~~_ Filed wffowri Clerk:_I_I_ Mailed:_I_I_
DECISION APPEALED?: I I SUPERIOR COURT:
---
LAND COURT
Form 4/03103
ADDENDUM
The applicant, as contract purchaser, requests a Special Permit
under Nantucket Zoning By-law ~139-33.A, to demolish a pre-
existing, nonconforming dwelling and to replace it with a new
dwelling, which will not be more nonconforming than the existing
structure. The existing dwelling is nonconforming as to front
yard setback, with setback of about 11.5 feet, in a district
where minimum front yard setback is 30 feet, and side yard
setback of about 7.0 feet, in a district in which minimum side
yard setback is 10 feet. An existing shed, not conforming to
side and rear yard setback requirements, will not be affected by
this application. The locus has lot area of about 4,800 square
feet, with minimum lot area in this district being 20,000 square
feet. The proposed new dwelling will have front yard setback of
about 11.5 feet. The applicable ground cover ratio of 30% for a
pre-existing lot of record with area less than 5,000 square feet
will not be exceeded, and all other applicable zoning
requirements will be met. Although the locus has been in common
ownership with adjacent land, it is considered as a separate lot
for all purposes under the Zoning By-law by virtue of the
definition of "Lot" in By-law ~139-2, because each of the locus
and the adj acent parcel was lawfully improved with a dwelling
conforming to applicable zoning requirements (that is, none)
prior to adoption of the Zoning By-law, and each lot complied
with applicable zoning requirements (that is, none) at the time
of construction.
F,\WpA\All Dunn\ZBA APP.doc
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lt~fORMAT10N SHOWN HEREON WAS
COMPilED FRO...... AERIAl PHOTOGRAPHS. DEEDS.
AND PlANS OF RECORD AND l~ NOT TO 8E
CONSTRUED AS HAVING SUffICIENT A(CUR-
ACY FOR CONVEYANCE
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\.I ITH AR EA .( 5000 S. F. (22.9 /. f'ROFOSED) 59. 4 - 2'74
Hov./AKD BARDSLEY
101l1S CLASSlFlCATIN: R - Z
MIN. MEA: . .4QQQ? .~.f. .
MIN. FRONTAGE: . 7;>". F.T;. . .
FRONT YARD S.B.: .~ .FT: . . .
REAR " SliDE S.B.: 19 . fT. . .
GROUND COVER (~): . ~z.. ~ to. *
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59.4 - 292) 2'}3
JOHN G.
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DE-WOTES EX/STI"". G 5TT?l./CTURE)
AREA = 'IO:r s. F (VWELLlI../G
ORIGINAL SIGNED AND STAMPED COPIES OF lHIS PLAN MAY BE
PHOTOCOPIED BY THE BOARD OF APPEALS OR THE NANTUCKET
COUNTY REGISTRY OF DEEDS FOR RECORDING PURPOSES.
IN CASES OF DISCREPANCIES REGARDING INfORMA110N CONTAINED
HEREON AND UNAUTHORIZED PHOTOCOPIES OF THIS PlAN. ONLY
ORIQNALLY STAMPED AND ENDORSEDED COPlES SHAl.L BE
ACKNOWLEDGED BY. THE CERTIfYlNG LAND SURVEYOR.
THIS PLOT PlAN Wf>S PREPARED TO ACCOMPANY AN APPUCA110N
TO THE NANTUCKET BOARD OF APPEALS AND IS NOT TO BE
CONSIDERED A FULL INSTRUMENT SURVEY.
THIS PlAN SHOULD ~T BE USED TO ESTABUSH PROPERlY UNES.
FENCES. HEOOES OR ANY ~ STRUCTU~S ON THE PREMISES.
THE PROPERlY UNES SHOWN RELY ON CURRENT DEEDS AND PlANS
OF RECORD.
THIS PLOT PlAN IS. NOT A CERTlFlCAl10N f>S TO TO THE TITLE OR
OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES
ARE SHOWN ACCOfUlIG TO CURRENT TOWN OF NANTUCKET f>SSESSOR
RECORDS.
THIS Pl,AN WAY NOT BE USED FOR ANY OTHER PURPOSE THAN ITS
lNlENOED USE NOm) M3CNE.
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Plot Plan to Accomp.any
Bo,ard of App~als Application
1,11,
N a:ntucket, J( a5Sachusetts
SCALE: 1"= (5' DATE: MAY 10, ZOO3
Owner: . .f!. O.v{ 1-~9. .BARP.S.L.E'.Y: . JJJ:. . . . .
. . . . . . . . . . . . '. . . . LoT '89' . . . . .
DeedjCert.: ~E/<.r; ~t~~. Plan: L9..39?~-:S. . . .
Tax Map: ~~.1-: ?~~ Locus: ~Z;7.7.Jvf.APJA~ lC~" .
BLACKWELL ct ASSOCIATES, Inc.
ProJessioMl La:n4 SurwIIors
20 Tea,sd,aLe Circle
N a,ntuc1cet, jfa,ssccAusetts 02554
14(,-G2. (508) 228-9928 B G 115
~.,;.~.-_.~ ,,'<""
"'."1$': ,."'__________ -~" ,oj"',,' ;f'u!,_JIlIffJ
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Town of Nantucket
ZONING BOARD OF APPEALS
LIST OF PARTIES IN INTEREST IN THE MATIER OF THE PETITION OF
PROPERTvOW;ER... ."/Jp/:kJn4i- :Hew./!,),. "::. Y"kMPJ. 171
MAILING ADDRESS....,................ ..............................................,... .
PROPERTY LOCATION...... .<?:<?.7... .Jd.~f.gi:.. ..d.
. : -{2 ( / 3 ? 5---
ASSESSORS MAPfP ARCEL....... 2..!.. '(..... .:-:... ............................,.,",.
APPLICANT............ ..lfP.'::!.+.. ... .Sh(,(:Jp.... ... J::: .Y:fd/;:
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) .
(#,^~j~ 1& 20d3
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I.;,;{~"{/':"'"
DATE'
ASSESSOR'S OFFICE
Town of Nantucket
RECEIVED
BOARD OF ASSESSORS
APR 11 2003
TOWN OF
NANTUCKET, MA
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