HomeMy WebLinkAbout092-03
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: JC\J'\U01 ~O , 20()4
To: Parties in Interest and Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: OCf'2_-,03
Owner/Applicant :---(f{'1'f>{' ('/< aY)~ ~I 0. R-e;'} r t
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 g
filing an complaint in court within TWENTY (20) ~& aft7r
this day's date. Notice of the action with a copp-.of the~
complaint and certified copy of the Decision must~be giv~
to the Town Clerk so as to be received within suen' TWEN~
(20) days. ~g
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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.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
Assessors Map 87
Parcel 28
R-2
8 Myles Standish Street
Plan Book 18, Page 50
Deed Ref 741/104
At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1:00 P.M.,
Friday, December 12, 2003, in the Conference Room, Town Annex Building, 37
Washington Street, Nantucket, Massachusetts, on the Application of the PETER C. AND
LETIZIA REILLY, of3 Navaho Drive, Canton, MA 02021, Board of Appeals File No.
092-03, the Board made the following Decision:
1. Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-
law Section 139-33A (alteration/expansion of a pre-existing nonconforming
structure/use) to alter and expand a said to be pre-existing single-family dwelling.
Applicant proposes to alter the structure by changing the roof pitch, style and adding
dormers, with all work to take place within the existing footprint, but within the easterly
front/side yard setback area. The structure has a current height of about 21' 4" and will
have a finished height of about 22 feet. If the Locus claims its frontage along Myles
Standish Street then a majority of the structure is sited within the required 30-foot front
yard setback area, at a point as close as about 6.88 feet from the easterly lot line. If the
frontage is taken from the unconstructed part ofNobadeer Avenue, then the structure is
conforming as to front yard setback requirements, but sited within the required 10-foot
side yard setback area though less nonconforming, as a majority of the structure is sited
outside that setback area. When the structure was constructed in January 1973, the
required setback was five feet and the structure conformed. In addition to the above, the
Locus is nonconforming as to lot size, with the Lot containing about 15,000 square feet in
a district that requires a minimum lot size of 20,000 square feet. The Locus conforms to
all other dimensional and parking requirements.
The Premises is located at 8 MYLES STANDISH STREET, Assessor's Map 87,
Parcel 28, Plan Book 18, Page 50, Lot 1. The property is zoned Residential-2.
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 finding that the matter did not present any issues of planning concern.
There were no letters on file.
3. The Applicants represented that the Locus, a pre-existing subminimum lot of
record, was improved with a single-family dwelling constructed in 1973, when the side
yard setback requirement was five feet. Subsequent to construction the side yard setback
changed to ten feet, making the structure pre-existing nonconforming, ("grand fathered")
as to siting. Applicants propose to alter the exterior of the existing dwelling by
constructing additions and changing rooflines within the existing footprint, not increasing
the nonconforming setback violation. However, as some of the proposed work would be
done within the required side yard/front yard setback area, there would be an increase in
"
the massing of the structure in a vertical manner. Applicant stated that there was a
question as to which lot line the front yard setback should be taken from. If the front yard
setback was taken from Myles Standish Street on the east then a large portion of the
dwelling was sited within the required 30-foot setback area and more of the work would
be done within a required setback area. If the front yard setback was taken from
Nobadeer Avenue to the north only a small portion of the structure was nonconforming.
The Board took no position on this issue as in either case the proposed alterations would
need relief by Special Permit. Applicant further represented that when the house was
constructed the surrounding road layout was different and there were few houses around
it. The siting of the structure had little impact at that time and that there would continue
to be little negative impact with the alterations. The Nantucket Historic District
Commission had issued Certificate of Appropriateness No. 42,722 for the proposed work.
4. Therefore, based upon the foregoing, the Board finds that the proposed project
would increase the nonconforming nature of the structure, in that the massing of the
dwelling would be increased in a vertical manner. However, the Board further finds that a
grant of the Special Permit relief requested to allow the alteration of the structure as
proposed within the existing footprint without coming any closer to the easterly lot line
than the existing structure would not be substantially more detrimental to the
neighborhood than the existing nonconforming structure. Such alterations may include
changes in rooflines and second floor additions within the setback areas. The Board
further finds that there would be a benefit to the neighborhood and the public in general
in that it would upgrade the structure. The Board acknowledges that conforming
alterations made to a single-family dwelling outside of the required setback areas are a
matter of right without relief from this Board.
5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested relief
by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33A, to allow the
alterations as proposed, based upon the following condition:
a. The alterations/expansion of the original structure shall be completed
in substantial conformance with the Certificate of Appropriateness No.
42,722 issued by the Nantucket Historic District Commission, as may
be amended.
Dated:
Edward Murphy
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
PAX 508-228-7205
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A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be helfuat
1:00 P.M., FRIDAY, DECEMBER 12, 2003, in the Conference Room, Town AnnefO
Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of the
following:
"
..I
PETER C. AND LETIZIA REILLY
BOARD OF APPEALS FILE NO. 092-03
Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-
law Section 139-33A (alteration/expansion of a pre-existing nonconforming
structure/use) to alter and expand a said to be pre-existing single-family dwelling.
Applicant proposes to alter the structure by changing the roof pitch, style and adding
dormers, with all work to take place within the existing footprint, but within the easterly
front/side yard setback area. The structure has a current height of about 21'4" and will
have a finished height of about 22 feet. If the Locus claims its frontage along Myles
Standish Street then a majority of the structure is sited within the required 30-foot front
yard setback area, at a point as close as about 6.88 feet from the easterly lot line. If the
frontage is taken from the unconstructed part ofNobadeer Avenue, then the structure is
conforming as to front yard setback requirements, but sited within the required 10-foot
side yard setback area though less nonconforming, as a majority of the structure is sited
outside that setback area. When the structure was constructed in January 1973, the
required setback was five feet and the structure conformed. In addition to the above, the
Locus is nonconforming as to lot size, with the Lot containing about 15,000 square feet in
a district that requires a minimum lot size of20,OOO square feet. The Locus conforms to
all other dimensional and parking requirements.
The Premises is located at 8 MYLES STANDISH STREET, Assessor's Map 87,
Parcel 28, Plan Book 18, Page 50, Lot 1. The property is zoned Residential-2.
~~ ----
TillS NOTICE IS A V AILABLE 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
CASE NO. (512-t93
FEE: $300.00
APPLICATION FOR RELIEF
Owner's name(s): ~~~V'" C:, ~ \...a...~\~.\C\. ~~.:\,,~
Mailing address: ::, No...~\no .'0-i\ \.ie... 1 C cA.~'" ) ~ ~
'. (Sam-tP )
CQ.ce. ,
Applicant's name(s):
Mailing address:~~)
Locus address: 6 ~ ~~"" ~ Assessor's MaplParcel: ~I- de
Land Court Plan/~n Book & p~lan File No.:_ If J S-Q Lot No.: ,
Date lot acquired:.-a/liJ~Deed Ref./Cert. of Title: tLj I //0 'f Zoning District: 'Q- L.
I
Uses on Lot - Commercial: NoneK Yes (describe)
Residential: Number of dwellings~ Duplex_ Apartments_Rental Rooms
Building Date(s): All pre-date 7/72? or Jam. I /q. 73 C of O(s)? V
~ ,
Building Permit Nos: ~
Previous Zoning Board Application Nos.:
t\.o'N:2.
State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of
the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities:
Qw a'$o~ofl od2~J
I certify that the information con~rein is substantially complete and true to the best of my
knowledge, under the pains a penalties Ofperjury.
"
SIGNATU Applicant Attorney/Agent K
(If not owner or owner's attorney, please enclose pro.of of agency to bring this matter before the Board) -
FOR ICE USE r ~
Application received on:JJ; 2J ()? By: Complete: V Need copies?: ~ \
Filed with Town Clerk: JJJ ZI ~ Plilftfti,,& B... d: ~ Building Bopl.: I I~Y: UJ!-<!.U
Fee deposited with Town Treasurer:-1..iIl1J0 By: aiver requested?:_Granted:~_/_
Hearing notice posted with Town Clerk: It / {j hMailed: ( /; Z Ilcfbl&M;] / /2.41O!J& 12t~
Hearing(s) held on:_I_/_ Opened on:--.-1_I_ Continued to:--.-1_/_ Withdrawn?:_I_I_
DECISION DUE BY: / / Made: / / Filed wffown Clerk: 1 1 Mailed: 1 /
--- --- --- ---
DECISION APPEALED?: 1 1 SUPERIOR COURT:
LAND COURT
Form 4/03/03
ADDENDUM
Applicant is seeking reliefby SPECIAL PERMIT under Nantucket Zoning By-law
Section 139-33A (alteration/expansion of a pre-existing nonconforming structure/use) to
alter and expand a said to be pre-existing single-family dwelling. Applicant proposes to
alter the structure by changing the roof pitch, style and adding dormers, with all work to
take place within the existing footprint, but within the easterly front/side yard setback
area. The structure has a current height of about 21'4" and will have a finished height of
about 22 feet. If the Locus claims its frontage along Myles Standish Street then a majority
of the structure is sited within the required 30-foot front yard setback area, at a point as
close as about 6.88 feet from the easterly lot line. If the frontage is taken from the
unconstructed part ofNobadeer Avenue, then the structure is conforming as to front yard
setback requirements, but sited within the required 10-foot side yard setback area though
less nonconforming, as a majority of the structure is sited outside that setback area. When
the structure was constructed in January 1973, the required setback was five feet and the
structure conformed. In addition to the above, the Locus is nonconforming as to lot size,
with the Lot containing about 15,000 square feet in a district that requires a minimum lot
size of20,000 square feet. The Locus conforms to all other dimensional and parking
requirements.
Applicant notes that a conforming primary single-family dwelling is planned for
the future and asks that the Board acknowledge that as a matter of right without necessity
for any further relief from this Board. Applicant further states that the alterations would
be a great improvement to the structure and would not be substantially more detrimental
to the neighborhood than the existing structure. The HDC has granted Certificate of
Appropriateness No. 42,722 for the proposed project.
I, Peter C. Reilly, owner of 8 Myles Standish Street, Nantucket, map #87, parcel #28 do
hereby provide my written authorization and consent to Bertram E. Wilson, III, President
of Wilson Company Building Contractors, Inc. of Nantucket, to approach the Nantucket
Zoning Board of Appeals on my behalf Specifically, this is in reference to the
application before the board for a special permit due to the non-conformity of my
structure as located at the above address and my intent to alter the roof lines with
dormers.
Signed this 21 st day of November, 2003.
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APPROVED:
NANTUCKET BOARD of APPEALS
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ZONING: R-2
MINIMUM LOT SIZE: 20,000 SF,
MINIMUM FRONT AGE: 75 FT
FRONT YARD SETBACk: 30 FT
REAR 8, SIDE SET BACk: 10 FT
GROUND COVER RATIO: 12.5%
SITE PLAN
in
NANTUCkET, MASS.
SCALE: l' = 30'
DATE: NOVEMBER 2, 2003
JOHN J. SHUGRUE INC.
57 OLD SOUTH ROAD
NAIl-JTUCkET, MA.
FOR: PETER REILL Y
ASSESSORS MAP 87
PARCEL NO. 28
#6975BOA
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Town of Nantucket
RECEIVED
BOARD OF ASSESSORS
NOV 2 0 20UJ
TOWN OF
NANTUCKET, MA
ZONING BOARD OF APPEALS
LIST OF PARTIES IN INTEREST IN THE MATIER OF THE PETITION OF
PROPERTY .o~ER'... :rZ..~ .U:.l ~..... .P~. tc;;:.c.:t:"... he:t\.?-ia....
MAILING ADDRESS...........................:...........................................
PROPERTY LOCA nON.... .8....m .y. ).~.... g:t.q(,'\d .i.-.sh..$.+
': 0 '1 - c5) ~
ASSESSORS MAPfP ARCEL:.. .9.........................................................
APPLICANT.. .t3.~M... Wi .\SO':").............................................
\
SEE A TI ACHED PAGES
I certify that the foregoing is a list of persons who are owners of abutting property, owners of
land direct1,.. opposite on any public or private street or way; and abutter.s 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) ..
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DATE'
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