HomeMy WebLinkAbout088-03
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
,70 V) Ufjry cO , 20 DL(
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.:
CJt~-03
owner/A;Plicant: ,C!(' iaula rn. ()tJ fb/'rf ,
6-r-e&l'f)) 0- S' lr'.fe "hY\onv- urdjrV' i-h~ CUt n_
O' f ~iAr\ R rure- Bl~ &., h t ct C'tX1Aod
Enclosed is the Decision of the BOARD OF APPEALS which ha~
this day been filed in the office of the Nantucket.'I'own
Clerk. C
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An Appeal from this Decision may be taken pursuant to
Section 17 of Chapter 40A, Massachusetts General Laws.
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Any action appealing the Decision must be brought by 0
filing an complaint in court within TWENTY (20) days afte~
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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((\1\5) Cha irman
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); Y139-32I (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 29, Parcel 4
75 Hulbert Avenue
Residential-Commercial
Land Court Plan 6472-A
Cert. Of Title 4074
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, December 12, 2003, at 1:00 P.M., continued to
January 9, 2004 in the Conference Room, in the Town Annex
Building, 37 Washington Street, Nantucket, Massachusetts, the
Board made the following decision on the application of OCTAVIA
M. DUPONT BREDIN, as life tenant under the will of John Bruce
Bredin, deceased, c/o Reade, Gullicksen, Hanley & Gifford, LLP,
Post Office Box 2669, Nantucket, Massachusetts 02584, File No.
088-03:
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 relocate and alter an existing dwelling upon the
locus, which now encroaches upon Charles Street, and this
encroachment would be eliminated. The dwelling would, after the
proposed work, be in conformity with all applicable dimensional
zoning requirements. The locus is nonconforming as to use,
containing three dwelling units, a main dwelling, a
garage/dwelling structure, and the subject cottage, with a
maximum of two dwellings or dwelling units being permitted on any
one lot in this zoning district. In addition, the locus is
nonconforming as to rear yard setback, with a boathouse being
situated as close as 0.9 foot from the northwesterly rear yard
lot line, in a district in which minimum rear yard setback is
five feet; and as to separation between the main dwelling and the
garage/dwelling structure, having a separation of about eight
feet, with twelve feet being the minimum required scalar
separation between dwellings under the By-law. The existing
nonconformities would not be affected or increased, and no new
nonconformities would be created, by the work proposed by the
applicant. The locus is situated at 75 HULBERT AVENUE,
Assessor's Map 29, Parcel 4, is the land shown upon Land Court
Plan 6472-A, and is situated in a Residential-Commercial 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 matters of planning concern were
presented. Except for the presentation by the applicant's
representatives, there was no support or opposition presented at
the public hearing.
4. Applicant, through counsel, that the matter had been
continued from the public hearing in December in order to obtain
evidence to support a claim of grandfathering of the existing
three separate dwelling units on one lot. Applicant presented an
affidavit from a former resident of the locus, which corroborated
the history of the locus and the dwellings thereon. The affidavit
stated that in about 1930, one George W. Fraker purchased the
locus from the Town of Nantucket. Previously, a beach club had
been operated upon the locus. Mr. Fraker moved and altered
various structures upon the locus, with several bathhouses being
combined to form the nucleus of the main dwelling; the office
being moved and converted to the secondary dwelling (the cottage
which is proposed to be relocated by the applicant); and another
bathhouse being converted to a garage, with a small apartment at
the rear of the garage. The affidavit stated that this apartment
was occupied by Mr. Fraker's chauffeur and his wife for many
years. Mr. Fraker also constructed the boathouse upon the locus,
which has never contained a dwelling unit nor been used in any
way for habitation. The Applicant's family purchased the property
from Mr. Fraker in 1950 and had made little alteration to the
property since that time. Based upon the affidavits from Harrison
S. Fraker (the son of George W. Fraker) and Laura Bredin Hussey
(the applicant's daughter and one of the remaindermen after the
applicant's life estate), which are attached hereto as Exhibits A
and B respectively, Applicant stated that these structures have
continued in the same location and use up to the present time. In
addition, Applicant stated that the 1938 aerial photograph in the
Town records clearly indicated that there were four structures on
the property substantially in the current locations. The present
application is brought because, as a result of a survey performed
after the death of John Bruce Bredin, the applicant's husband, it
was learned that the cottage encroached upon Charles Street.
Despite its Hulbert Avenue address, the locus has frontage only
upon Charles Street, and accordingly no front yard setback for
Charles Street is required in this Residential-Commercial zoning
district. However, the position of the cottage within the lines
of Charles Street may violate the rights of others, including
those of the Town of Nantucket, within Charles Street, and
therefore the applicant desires to relocate the cottage to a
position within the lot. However, this will involve alteration
to the pre-existing, nonconforming condition upon the locus as to
the use with three dwelling units, and accordingly the applicant
has requested a Special Permit under By-law ~139-33.A for the
alteration of the pre-existing, nonconforming conditions upon the
locus. The relocated cottage will conform to all dimensional
requirements, and no work is proposed which will affect the
nonconformities of the boathouse and the separation between the
main dwelling and the garage/dwelling structure. The existing
and proposed conditions upon the locus are shown upon a Plot Plan
by Nantucket Surveyors Inc., dated June 24, 2003, revised July
29, 2003, a reduced copy of which is attached hereto as Exhibit
C. The moving, placement of a new foundation under the
structure, and cosmetic alterations of the exterior of the
cottage had been approved by the Nantucket Historic District
Commission ("HDC") under Certificates of Appropriateness Nos.
42,064 and 42,593.
5. Therefore, based upon the foregoing presentation, the Board
of Appeals, by UNANIMOUS vote, makes the finding that, subject to
the conditions hereinafter set forth, the proposed relocation of
the cottage, alteration of the exterior elevations within the
same footprint and construction of a new foundation under the
cottage upon the locus would not be substantially more
detrimental to the neighborhood than the pre-existing
nonconformities upon the locus. Accordingly, by UNANIMOUS vote,
the Board GRANTS the requested relief by SPECIAL PERMIT under
Zoning By-law ~139-33.A for the relocation of the cottage as
requested, subject to the following conditions:
(a) All work shall be performed in substantial
conformity to the plan attached hereto as Exhibit
Cj
(b)
All work shall
conformity with
Nos. 42,064 and
be amendedj
be performed in substantial
Certificates of Appropriateness
42,593 issued by the HDC, as may
(c) The structure as relocated shall have the same
exterior walls, rather than demolition and
reconstruction of the structure; and
(d) No exterior construction work shall be performed
between June 15 and September 15 in any given
year.
Dated: January~, 2004
Edward C. Murphy
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KLADE Gl1LLICKSE
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AFFIDAVIT OF HARRISON S. FRAKER
I, ~ffiRRISON S. FRAKER, ~esiding at 1 Gardner Court,
Nantucket, Massachusetts, depose and say:
~. I have been a summer resident of Nantucket every year
since I was born in 1917, excepc for periods during World War 11.
I have been a legal resident of Nantucket since 1974. Prior to
my retirement, I was active as a real estate broker in NantuCKet.
2. I have been familiar with the property situated at 75
Hulbert Avenue, Nantucket (the "Property"), since J.930, when it
was purchased by my father, George W. Fraker, from the Town of
Nantucket. The Town had operated a beach club upon the Property,
with an office and various bathhouses. After purchasing the
Property, my father moved the structures around, with some of the
bathhouses being combined to form what is now the main dwelling;
the office being. moved adjacent to Charles Street for use as a
guest cottage as now existing; and another bathhouse being
converted to a garage, with a small apartment behind the garage
which was initially occupied during my father's ownership by his
chauffeur, and has existed up to the present time in the same
configuration. My father also built a boathouse, which st.ill
exists in its present location and which has never contained any
living space and has been used exclusively for the storage of
boats and other materials. From 1930 until ).947, tne Property
was my family's summer residence on Nantucket.
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3. The Property waS sold to the Evans family in 1947, when
it was sold to J. Bruce Bredin, who owned it until his death in
2002.
4. I have visited the Property frequently
occ~sions throughout the period since 1t was sold by
and the Property has been used and improved with
dwellings as described above, consisting of the main
guest cottage, and the apartment behind the garage,
this period.
on social
my family,
the three
house, the
throughout
5. I have examined the Plot Plan depicting the Property,
prepared by Nantucket Surveyors Inc., dated June 24, 2003,
revised July '29, 2003 (the ~Plot Plan~), showing the structures
thereon consisting of a main dwelling shown upon the Plot Plan as
"Wood Frame Dwelling". a secondary dwelling shown upon the Plot
Plan as "Existing Cottage", a garage containing a third dwelling
unit shown upon the Plot plan as "Garage/Dwelling", and a
Boathouse shown as such on the Plot Plan. All of these
structures are in the locations where they have been since the
work done by my father after he aCqU~he Property 1n 1930.
Executed and sealed on January , 2004.
H.~~~!lA~
01/15/2004 16:16 FAX 5082285630
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READE GULLICKSE
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STATE OF NORTH CAROLINA
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Then personally appeared the above-named Harrison S. Fraker,
and made oath that the statements contained in the foregoing
affidavit were true and were made of his own personal knowledge,
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Notary Public
Printed name: &IY'(JI!R I). "s.C.4.e.40f:.tJ
My commission expires; ;./-'7.0(..
01/15/2004 16:16 FAX 5082285630
READE GULLICKSE
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AFFIDA~T OF LAURA BRBDIN HUSSE~
I, Laura Bredin Hussey, residing at 865 Webscer ~rook Road,
Delhi, New York, depose and say:
1. I am the daughter of John Bruce Bredin, late of
Wilmington, Delaware, who died on November 12, 2002. I was born
on March 23, 1953.
2. My father was the Owner of the land and buildings
situated at 75 Hulbert Avenue, Nantucket, Nantucket County.
Massachusetts, being the land shown upon Land Court Plan 8472-A
(the "Property"), from October 15, 1956, until the time of his
death, by virtue of Certificate of Title No. 4074 at Nantucket
Registry District.
3. I have visited the Property every summer from 1956 to
the present, and am thoroughly familiar with the Property,
including the buildings thereon.
4. From the time chat my father bought the Property until
the present, the Property has been improved with four buildings.
as shown upon a Plot Plan by Nantucket Surveyors Inc., dated June!
24, 2003, revised July 29, 2003 (the "Plot Plan"), consisting of
a main dwelling shown upon the Plot Plan as "Wood Frame
Dwelling", a secondary dwelling shown upon the Plot Plan as
"Existing Cottage", a garage containing a third dwelling unit
shown upon the Plot Plan as "Garage/Dwelling", and a Boathouse
shown as such on the Plot Plan.
5. All of these structures have existed in their present
configuration and use throughout the period from October 15.
1956, to the present time. Each of the three dwelling units upon
the Pr.operty have been occupied during all or par.t of the Summer
season throughout this period.
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Executed and sealed on N0vembcr
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2003.
ll\V.I~.1 C~
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STATE OF NEW YORK
b~~e I" I
, 2003
Then personally appeared the above-named Laura Bredin
Hussey, and made oath that the statements contained in the
foregoing affidavit were true, and were made of her own personal
knowledge, before me,
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Notary Public
,. \W(lI"'I.~KIK'IN\HiI:U;:cy "tt~Glvn, . dele
Printed name:
My commission expires:
LINDA 1 ROBERTS
Notary Public, State of New Y~k
n\!~~aTe Co~Ji\ty 1I98587~~ OD6
r.n"l\'l\.~~'l!fl ~)(p:Tes tII;\'f 12. -
PLOT PLAN TO ACCOMPANY
H.D.C. APPUCATlON
0//75 HULBERT AVENUE
IN
NANlUCKET, MASSACHUSETIS
SCALE: 1-=40' DATE: JUNE 24, 2003
REVISED: JULY 29. 2003
PREP ARED FOR:
ESTA TE OF
J. BRUCE BREDIN
NANlUCKET SURVEYORS INC.
5 WINDY WAY
N1\NlUCKET, MA. 02554
N8:272 1
REFERENCES
DEED REFERENCE: LC.CERT.I4,074
PLAN REFERENCE:LC PLAN #8472-A
ASSESSOR'S REFERENCE:
MAP: 29 PARCEL: 4
ZONING CLASSIFICATION:
CURRENT ZONING: RC
MINIMUM LOT SIZE: 5,000 SF
MINIMUM FRONTAGE: 40 FT
FRON1YARD SETBACK: 0 FT
SIDE AND REAR SETBACK: 5 FT
ALLOWABLE G.C.R.: 50"
EXISTING G.C.R.:
N/F
1D1lN OF NANTUCKET
29-2
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N/F
J. Sf:WARD .JOHNSaoI .R~ 1R.
29-5
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lHE LOT IS LOCA lED IN SPEQAL FUXlO
HAZARD ZONE A7 (EL 8) AS SHOWN ON
F .E.M.A. F.I.R.M. WAP 11 D. -
S'l'l?P:p:'l'
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THOIoIAS, u.c.
29-51
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N-7431
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, DECEMBER 12, 2003, in the Conference Room, Town Annex
Building, 3 7 Washington Street, Nantucket, Massachusetts, on the Application of the
following:
OCTAVIA M. DUPONT BREDIN, LIFE TENANT UNDER THE WILL OF JOHN
BRUCE BREDIN
BOARD OF APPEALS FILE NO. 088-03
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 relocate and alter an existing dwelling upon the
Locus, which now encroaches upon Charles Street, and this encroachment would be
eliminated. The dwelling would, after the proposed work, be in conformity with all
applicable dimensional zoning requirements. The Locus is nonconforming as to use,
containing three separate dwelling units, a main dwelling, a garage/dwelling structure,
and the subject cottage, when a maximum of two dwellings are allowed on one lot in this
zoning district. In addition, the Locus is nonconforming as to rear yard setback with the
boathouse being sited as close as about 0.9 feet from the northwesterly rear yard lot line,
in a district that requires a minimum rear yard setback of five feet; and as to separation
between the garage/dwelling and the main dwelling, having a separation of about eight
feet, with twelve feet being the minimum required scalar separation under the Zoning By-
law. Existing nonconfonnities would not be increased and no new nonconformities would
be created.
The Premises is located at 75 HULBERT AVENUE, Assessor's Map 29, Parcel
4, Land Court Plan 6472-A. The property is zoned Residential-Commercial.
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TillS NOTICE IS A V AILABLE IN LARGE PRINT OR OTHEt:"
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FeR
FURTHER INFORMATION. ~,
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NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
CASE NO. CJ;Jt -03
FEE: $300.00
APPLICATION FOR RELIEF
Owne.-'s name(s): Octavia M. duPont Bredin, Life Tenant under the Will of John Bruce Bredin
Mailing address: c/o Reade, Gullicksen, Hanley & Gifford, LLP
Applicant's name(s): Same
Mailing address: 6 Young's Way, P. O. Box 2669, Nantucket, Massachusetts 02584 8
Locus address: 75 Hulbert Avenue Assessor's Map/Parcel:~_, 29-4
Land Court Plan No.: 6472-A Lot No.: ~::~
Date lot acquired: J 0/15/56 Cert. of Title: 4074 Zoning District: Re3Jfential-Qtmmercial
Uses on Lot -- Commercial: None x Yes (describe) c 0
Residential: Number of dwellings 3 Duplex Apa.-tments r-Rental ~oms
- - -'-
Building Date(s): All pre-date 7/72? x or ~ of O(s)?o
Building Permit Nos: 0\
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:
The applicants propose to relocate and alter an existing dwelling upon the locus,
which now encroaches upon Charles Street, and this encroachment will be eliminated.
Tge dwelling will, after the proposed work, be in conformity with all applicable
dimensional zoning requirements. The locus is nonconforming as to use, containing
three dwellings, consisting of a main dwelling, a garage/dwelling structure, and
the subject cottage, each of which pre-exists the Nantucket zoning by-law, with two
dwellings being the maximum permitted in this Residential Commercial ("RC") zoning
district. The locus has its frontage on Charles Street, notwithstanding its
Hulbert Avenue address, and zero front yard setback is permitted in the RC zoning
district. The locus is also nonconforming as to rear yard setback, with th,:,:
boathouse upon the locus being situated about 0.9 foot from the northwesterly rear
lot 1 ine, a minimum of five feet being required in the RC district, and as co
separation between the garage/dwelling and the main dwelling, having separation 0:
about eight feet, with twelve feet being the minimum required scalar separat io,"
under the Zoning By-law. Accordingly, the applicants request a Special P':':rmi t
under By-law ~139-33 .A, for the alteration of the pre-existing nonconforming 'c:.se 0:
the locus as three separate dwellings, without creating any new nonconformity nor
increasing any existing nonconformity. The Historic District Commissio::-: has
approved the proposed work under Certificates of Appropriateness Nos. 42064 anc
42593.
I cc.-tify that the information contained herein is substantially complete and true to the best of my
knowledge, under the p "ns and penalties of perjury.
SIGNA TURE:
(If not owner 0'- 0
l Applicant
'ner's attorney, please enclose proof of agency to bring this
FOR ZB OFFICE USE
Application received on:--1Y~0- By: Complete:, Need copies?: .... \
Filed with Town Clerk:~/~ . oar: mg ep.: y: ()j W-J
Fee deposited with Town Treasurer:J~jWjQ2 BY:~ Waiver requested?: Gran ed:_I_I_
Hearing notice posted with Town Clerk:-t\-QQJ~ Mailed:J.VllIQL ~:-LLJ ffi.1(/!). & J2J-~J~
Hcaring(s) held on:_I_I_ Opened on:_I_I_ Continued to:~~_Withdrawn?:~_I_
DECISION DUE BY: I I Made: I I Filed wiT own Clerk: I I Mailed: I I
--- --- --- ---
DECISION APPEALED?: I I SUPERIOR COURT: LAND COURT Form 4/03103
Attorney/Agent x
. atter before the Board)
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LIST OF PARTIES IN INTEREST IN THE MATIER OF THE PETITION OF
PR 0 PER TY 0 WNER. ~~Jo \~n, .P{ ~'.~ ~'. ..]( ~~ ~~~(!.. . . . . . . . . . . . . . . . . . . . . . .. '"
~v1AILING ADDRESS......... ... ....... ........ ....;.... ............................... ....
PROPERTY LOCA TION...1l5.... +\\'.\PC;~J .... ./\'i {JH-h.::~..................
A.SSESSORS MAPIP ARCEL... .l.1..~..~. .............................................
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APPLICANT..~ C.~\,J~I.. t.v.\. .\.I.GK::X:I};. .11~~1 ~?+.. /1. .(:.::. .m. !.~Ir LL
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SEE ATIACHED PAGES
I certify that the foregoing is a list of persons who are owners of abutting property, owners of
land directly opposite on any public or private street or way; and abutters of the abutters and all
other landJ)wners 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)
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DATE'
ASSESSOR'S OFFICE
Town of Nantucket
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