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TOWN 'OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
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To: Parties in Interest and Others concerned wit~!tne
Decision of the BOARD OF APPEALS in the Applicati~ of
following: :-'
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Owner/Applicant:
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Application No.:
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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.
~(1~~.~
i\Jo..ty..,,~ .:t. nSJ Chairman
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, MA 02554
Assessor's Map 551.4
Parcel 077
ROH
6 Beaver Street
Plan Book 17, Page 14
Deed Book 809, Page 283
At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1 :00
P.M., Friday, October 17,2003, having been opened on September 12,2003 and
continued after discussion, in the Conference Room, Town Annex Building, 37
Washington Street, Nantucket, Massachusetts, the Board made the following
Decision on the Application of DIANE CHURCHILL, Property Owner, of 39
Edgewater Lane, Taunton, MA 02780, Board of Appeals File No. 064-03:
1. Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning
By-law Section 139-33A (alteration/expansion of a pre-existing, non-conforming
use/structure). Applicant proposes to demolish and reconstruct an existing multi-
family structure, which was almost totally destroyed by a fire in May, 2003. A
new structure would be constructed containing two dwelling units, rather than
three, that the Applicant states were present at the time of the fire, and the new
structure would conform to all setback requirements, curing the rear setback
nonconformity. All of the required parking would be provided on site. In addition,
the Applicant is seeking relief by SPECIAL PERMIT to increase the ground cover
ratio from the existing about 34% to about 45%. The allowable ground cover for
a subminimum lot is this zoning district is 30%, with there being Special Permit
relief available to increase the ground cover up to the maximum allowed in said
district of 50%. In addition, the Locus is nonconforming as to lot size with the Lot
containing about 3,293 square feet of area in a district that requires a minimum
lot size of 5,000 square feet; as to rear year setback, with the structure being
sited as close as about 0.8 feet from the southerly rear yard lot line, in a district
that requires a minimum of five feet; and as to use with the structure containing
more than one dwelling unit when only one is allowed per structure in this zoning
district, specifically, duplexes are not allowed.
The Premises is located at 6 BEAVER STREET, Assessor's Map 55.1.4,
Parcel 77, Plan Book 27, Page 14. The property is zoned Residential-Old-
Historic.
2. Our Decision is based upon the Application and accompanying materials
and representations and testimony received at our Public Hearings. The
Planning Board made no recommendation, as the matter did not present any
issues of planning concern. Neighbors present at the hearing expressed concern
about the number of units and past problems with the immediate predecessor-in-
title's poor maintenance of the structure and operation of the dwelling units in the
structure as a "flop house". Letter on file were from those present at the Hearing.
Two letters on file were from one neighbor suggesting a list of possible conditions
to base a grant of relief on and questioning the recent installation of four
electrical boxes on the exterior of the building. The third letter detailed the misuse
of the property prior to Applicant's purchase. Board Members requested
evidence to validate the multiple dwelling unit use of the structure in order to be
able to consider applying the grandfathered rights as to use. Applicant then
asked for a continuance in order to provide proof of the existence of the
apartments prior to the enactment of the Zoning By-law in 1972.
At the October Public Hearing Applicant submitted into the record two
affidavits from previous owners of the subject property. The first was from
Charles E. Davis, Sr. who attested to the fact that when he owned the property
from 1949 to 1969 "the house contained two apartments". He further stated that
based upon his own personal knowledge the Andersons, whom he had sold it to,
"continued the two-apartment use until they sold it to the Killens in 1974". The
second was from Patience E. Killen who attested to the fact that when her family
purchased the structure in 1974 from the Andersons it had three dwelling units in
place until they sold it in 1979.
3. Applicant, through counsel, represented that the building had been used
as a minimum of a two-unit apartment building since the 1950's and a third
efficiency apartment was added at some indeterminate time. When Applicant
purchased the property in March of 2003, there were three apartments in the
building and she obtained a Building Permit (No. 415-03) authorizing interior
renovations to this three-unit building without comment from the Building
Department. Shortly after she obtained the Building Permit, there was a
significant fire, which severely damaged the majority of the structure. Applicant
stated that all engineers and contractors who have inspected the property have
agreed that the remaining building should be demolished and a new one
constructed. Because of the nonconformities enumerated in Paragraph 2 of this
Decision, it was necessary for the Applicant to seek this relief prior to
demolishing the building in order to protect the Locus's grandfathered status as
to use and ground cover.
4. Applicant represented that she has agreed to abandon all claims to have a
third apartment in the building and further has agreed to a condition that
restricted the number of dwelling units in the structure to a maximum of two.
Applicant proposed to construct a new two-unit building, which would comply with
the state building codes for two-unit buildings and would meet all setback
requirements of the Nantucket Zoning By-law. Applicant would provide two legal
stacked off-street parking spaces on site. Applicant is also seeking Special
Permit relief to expand the ground cover from the existing about 34% (with the
maximum allowed of 30%) to a maximum of 45%. The Applicant had not
received a Certificate of Appropriateness from the Nantucket Historic District
Commission as of the meeting, needing this Board to allow demolition and
reconstruction based on an established building envelope and maximum ground
cover allowance prior to making application to that Commission.
5. Based upon the foregoing, the Board finds that the proposed demolition
and reconstruction of the existing 2-unit structure, allowing a new two-unit
residential structure to be built in place of the fire-damaged structure would not
be substantially more detrimental to the neighborhood than the existing structure.
It would in fact, be a benefit in allowing a now severely damaged unsafe structure
to be replaced with an appropriate new structure. In addition, the Board finds that
allowing an increase in ground cover from the existing about 34% up to, but not
exceeding, 45%, conditioned as set forth herein, would not be substantially more
detrimental to the neighborhood and would be in harmony with the general
purpose and intent of the Zoning By-law. In addition, the Board notes that many
properties in this part of Town are nonconforming as to dimensional requirements
of the By-law including ground cover, parking and setbacks.
6. Accordingly, by UNANIMOUS vote (only four members were sitting as Mr.
Murphy, who had sat at the initial Hearing in September, was not in attendance
at the October 17, 2003 meeting, and Applicant elected to go forward with a four
member Board), the Board GRANTS the requested relief by SPECIAL PERMIT
under Nantucket Zoning By-law Section 139-33A( 4) to allow the demolition and
reconstruction of a two-dwelling unit single structure and the requested relief by
SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33E(2)(a)
allowing the increase in the ground cover ratio from about 34% to a maximum
ground cover of 45%. Said Special Permit are granted upon the following
express conditions:
a. No material exterior construction related to this project shall be
performed upon the Locus in any given year between June15th and
September 15th.
b. Two conforming parking spaces shall be provided on site.
c. The new structure shall meet all setback requirements and the
maximum ground cover allowed shall be 45%.
d. There shall be a maximum of two dwelling units contained in the
new structure, allowing for the conversion back to one dwelling unit
without further relief from this Board.
(ZBA 064-03)
Dated: October J 1 , 2003
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 ofthe NANTUCKET ZONING BOARD OF APPEALS will
be held at 1:00 P.M., FRIDAY, SEPTEMBER 12, 2003, IN THE CONFERENCE
ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket,
Massachusetts, on the Application of the following:
DIANE CHURCHILL
BOARD OF APPEALS FILE NO. 064-03
Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-
law Section 139-33A (alteration/expansion of a pre-existing, non-conforming
use/structure). Applicant proposes to demolish and reconstruct an existing multi-family
structure, which was almost totally destroyed by a frre in May, 2003. A new structure
would be constructed containing two dwelling units, rather than three, that the Applicant
states were present at the time ofthe fire, and the new structure would conform to all
setback requirements, curing the rear setback nonconformity. All of the required parking
would be provided on site. In addition, the Applicant is seeking reliefby SPECIAL
PERMIT to increase the ground cover ratio from the existing about 34% to about 45%.
The allowable ground cover for a subminimum lot in this zoning district is 30%, with
there being Special Permit relief available to increase the ground cover up to the
maximum allowed in said district of50%. In addition, the Locus is nonconforming as to
lot size with the Lot containing about 3,293 square feet of area in a district that requires a
minimum lot size of 5,000 square feet; as to rear yard setback, with the structure being
sited as close as about 0.8 feet from the southerly rear yard lot line, in a district that
requires a minimum of five feet; and as to use with the structure containing more than
one dwelling unit when only one is allowed per structure in this zoning district,
specifically, duplexes are not allowed.
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The Premises is located at 6 BEAVER STREET, Assessor's Map S~.1.4, pan;el
77, Plan Book 17, Page 14. The propert.~ y. ned Residential-Old-Historic... 8
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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, MA 02554
FEE: $300.00
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CASE NO. ~.f/~
APPLICA TION FOR RELIEF
Owner's name(s): Diane Churchill
Mailing address: 39 Edgewater Lane, Taunton, MA
Applicant's name(s):Diane Churchill
Mailing address: Same
Locus address: 6 Beaver Street Assessor's MapIParcel: Map 551.4 Parcel 077
Land Court PlanlPlan Book & PageIPlan File No.: Plan Book 17, Page 14 Lot No.: n/a
Date lot acquired: March 14,2003
Deed Ref.lCert. of Title: Book 809, Page 283
Zoning District: R-OH
Uses on Lot - Commercial: None_ Yes (describe)
Residential: Number of dwellings~ Duplex_ Apartments_3_Rental Rooms
Building Date(s): All pre-date 7/72? Yes or C ofO(s)?
Building Permit Nos: ~ \ S' - 0:)
Previous Zoning Board Application Nos.:
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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:
See attached
I certify that the information
knowledge, under the pains a
SIGNATURE: Applicant Attorney/Agent ./
(If not owner or owner's attorney, please enclose proof of agency to bring this mat!er before the Board)
Application received on::J; Z3to3>By: F&~rFIC~o~:'ete: ~eed copies?:
/iled with Town Clerk: 8fI.D I cf?rlanp;ng Board! I I Rnildine Depl.: ~ _ By: -daQ)
Fee deposited with Town Treasurer: ?tZOQ3By: V Waiver requested?: Granted:_/_/_
Hearing notice posted with Town Clerk: <i?/rzo/Q2Mailed: ~ I&M: ?/~& 2j!L/~
Hearing(s) held on:~_/_ Opened on:_/--.I_ Continued to:~_/_ Withdrawn?:_/_/_
DECISION DUE BY:_/~_ Made:~_/_ Filed wffown Clerk:_/~_ Mailed:_/_/_
DECISION APPEALED?:_/_/_ SUPERIOR COURT: LAND COURT Form 4/03/03
Diane Churchill Zoning Board of Appeals Application - Continuation Sheet
Premises were almost totally destroyed by fire in May, 2003. Prior to the fire the
Premises contained a three (3) unit apartment building. The lot was, and is, non-
conforming as to area, containing 3,293 square feet in a zoning district requiring
a minimum of 5,000 square feet of area. The building on the lot was non-
conforming as follows:
Ground Cover - Allowable is 987.9 square feet, and existing ground cover prior
to fire was 1,120 square feet.
Rear Setback - Requirement is five (5) feet, and existing prior to fire was 8/10ths
of a foot.
Parkinq - Three off-street parking spaces are required, and, prior to fire, there
were two stacked spaces.
Applicant seeks a Special Permit pursuant to Chapter 139 S33A(4) allowing the
construction of a new dwelling containing two (2) residential units; and a Special
Permit pursuant to Chapter 139 S33E(2)(a) allowing a total ground cover of 1,486
square feet. The new structure would comply with rear and side yard setbacks
and would be 2.5 feet from the street in the front. The site would have two (2)
stacked off-street parking spaces.
C:\Active clienls\CHURCHILL. DIANE\zba appl.cont.doc
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MORTGAGE PLOT PLAN
OF LAND IN
NANTUCKET, MASS.
SCAI..(: 1.../..5' DATE:~(!.R?: /9 9t
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J Cf.Rnfl. TO TrlE BEST Of )If KNO'M.EDG[, lH.4.T 1H( PROIlSES
SHOW~ AIlE l~d) lH FLOOD HUARD ZONE.: . 'S. : "DEtJNfAlED
011 FJ./UL. / CCl.l.llUl-JIY P#lEl. NlJU!lERl .250230-00 ~ , D, rf
1H! FtODW. DlElfOOiC'f ~ Nmlr:f. Efl'El;7NE Di.rE
Of llAPS: JUNE: 3, 1gee. ANO A'$ PE1llCOICAllY REVISED.
WJS PLoT PLAN W),S P~EPAAf.D FOR UORTGACE: PURPOSES
ONlY #iD IS NOT TO S~ "CONSIDtRCD A FVU lNS11MlOO
su~~. Tr/1S PI..AH SHOULD NOT SE' USED TO nSTA8USH
PROPQffi' UNE:S. roJCf:S, HEDGrs OR ANY AIJC: VlRY
STRUrnJR~ ON ~ PROJJS~. 'THE PROPERTY UNlS SHOWN
RElY ON CURRENT DWS AND PLANS OF RECORD,
THIS PLOT "tAN LS I\or A ctRTIFlCAOOtJ AS TO TH~ mu: OR
Oi'iI'>'ERSHIP OF THE: PROPERTY SHOWN, O~\'1:i'?S OF" ADJOf.'JJM
PROPERT'ES ME SheWN ACCORCJNIJ TO CU,qRWT ASSESSOR .
RCC::lRDS Of TJ-iE TO\l,'II OF W.NTUCKD'.
CHARLES W, HART & ASSOCIATES, Inc.
SANFORD BOAT BtJILDING
49 SPARKS AVENUE
NAN'roCKET, \!ASS, 0255~
(t)G8) 226-8910 E --5.2.3'8
NOT TO 8E RtCOROED.
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RECEIVED
BOARD OF ASSESSORS
JUN 21 2003
TOWN OF
NANTUCKET, MA
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Town of Nantucket
ZONING BOARD OF APPEALS
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LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF
PROPERTY O~ER.........:::? ~ ~ :':':..~..........<:: .~.':'.:. ~::'.:. ~~.............
MAILING ADDRESS......:, .2. ,':\...... .~..~. ~ ,~.:::: ~.:,.:::::.....':: ::~..,... ~. ~.'-'N' 0"> . fV'.q" < 0
PROPERTY LOCA nON........ \':....... ~ .~. .~. ~ .~.~........~ ~..~.:-..:::....
"ASSESSORS MAP/P ARCEt:........~...~:.. ~.: .~.........~.......?.. J. J.........
APPLICANT........ .<;-..~.'::.~~.~.~ ~~.....................................................
SEE ATTACHED 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 ofthe property line of owner's property, all as they appear ?n
the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139.
Section 139-29D (2) ."
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ASSESSOR'S OFFICE
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