HomeMy WebLinkAbout092-07
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: January 14
,2008
To: Parties
the BOARD OF
in Interest and. Others concerned with the Dec~ion of
APPEALS in the Application of the fol~~ing: :U
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092-07
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Application No.:
Owner/Applicant: Anne G. DiVenere,
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Trustee of DiVenere Nominee Trust
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with 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 a
complaint in Land 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.
~~~~~~<~~
Michael J. O'Mara, Chairman
cc: Town Clerk
Planning Board
Building Commissioner/Zoning Enforcement Officer
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT
AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING
BY-LAW SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32
(VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD
OF APPEALS OFFICE AT 508-228-7215.
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 55.4.4, Parcel 73
21 Mill Street
Residential-Old Historic
No record plan
Deed, Book 686, Page 45
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, commenced on Friday, October 19, 2007, at 1:00 P.M., and
continued to and concluded on Friday, November 16, 2007, in the
Conference Room, at 2 Fairgrounds Road, Nantucket, Massachusetts,
the Board made the following decjsion on the application of ANNE
G. DiVENERE, as Trustee of DiVENERE NOMINEE TRUST, c/o Reade,
Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669,
Nantucket, Massachusetts 02584, ZBA File No. 092-07:
2. The applicant proposes to alter the existing single-
family dwelling and garage upon the locus, each of which is
nonconforming with dimensional requirements of the Nantucket
Zoning Bylaw (the "Bylaw") which nonconformities are said to pre-
exist the Bylaw provisions with which they do not conform.
Specifically, the applicant proposes to alter the dwelling, which
is now sited about 1.8 feet from the northeasterly side lot line
at the closest point, by expanding a portion of the structure
within the side yard setback in order to add a bathroom; the
expanded dwelling will be no closer to the boundary than the
existing structure, and no new nonconformities will be created.
In addition, the applicant proposes to alter the garage, sited
with zero setback from the northeasterly side lot line, by
rotating the structure, expanding it upward, and converting it to
use as a studio. Minimum side yard setback in this zoning
district is five feet. The applicant requests relief under Bylaw
~139-33.A, for the extension and alteration of pre-existing,
nonconforming structures. The locus and structures thereon are
conforming in all other respects. The locus is situated at 21
1
NEW MILL STREET, Assessor's Parcel 55.4.4-73, is not shown upon
any plan of record, and is in the Residential-Old Historic zoning
district.
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
received at the public hearing. There was no Planning Board
recommendation, on the basis that no matters of planning concern
were presented. Apart from the presentation by the applicant and
her representatives, no support, nor opposition, was presented at
the public hearing.
4. As presented by the applicant and her representatives,
she wishes to expand a portion of the existing dwelling in order
to add a bathroom, without bringing the structure any closer to
the northeasterly lot line at any point. In addition, she
initially proposed to alter the existing garage and convert it
into a studio, in the process lifting the structure and reducing
(but not eliminating) the intrusion into the side yard setback
area. At the first hearing, members of the Board of Appeals
expressed the concern that, if the garage was being lifted, it
should be moved so as not to have any continuing setback
nonconformity. Because of this, and inadequate plan materials,
the matter was continued in order for the applicant to present
new plans. At the continued hearing, the applicant presented
revised plans which showed the garage structure remaining in its
present location, being expanded upward and converted to a
studio, and with lateral expansion entirely outside the setback
area.
5. On the basis of this presentation, the Board of Appeals
first made the finding, by a vote of four members in favor and
one (Tupper) opposed, that the proposed alterations would
intensify the existing nonconformities, because the dwelling
would be laterally expanded within the setback area and the
garage would be expanded upward within the setback area. By the
same vote of four members in favor and one opposed, the Board
made the finding that the proposed alterations would not be
substantially more detrimental to the neighborhood than the
existing nonconformities, and GRANTED the requested relief by
SPECIAL PERMIT under By-law ~139-33.A, subject to the following
conditions:
(a) All work shall be performed in substantial
conformity with the plans approved by the Nantucket Historic
District Commission under Certificates of Appropriateness Nos.
50959 (dwelling) and 51406 (garage/studio);
(b) The garage shall not be lifted in connection with
the proposed work; and
2
(c) No exterior work shall be perf rmed between June
15 and September 15 in any year.
Tuppe
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Dated: January ~2008
Lisa
Nantucket, ss.
COMMONWEALTH OF MASSACHUSETTS
January /4-:2008
On this ~ay of January, 2008, before me, the undersigned Notary Public,
personally appeared ~ r ~ ' who is personally known
to me, and who is the person whose name is signed on the preceding or attached document, and
who acknowledged to me that he/she signed it VOlun~;~
Notary Public: JfN.s~)o1~~
My commission expires: ;1ttrdr t?;'I';~/?
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A PUBLIC HEARING of the NANTUCKET ZONING BOARD OF ii;-EALS ~
scheduled for 1:00 PM in the Conference Room at 2 Fairgrounds Road, Nantucket, ~
02554. The application materials for the below referenced application may be reviewed at the
Zoning Board of Appeals office at 2 Fairgrounds Road, Nantucket, MA 02554 between the
hours of 8:30 A.M. and 4:30 P.M., Monday through Friday. Written comments for the
October 19, 2007 meeting must be received by 4:30 PM on Wednesday, October 10,2007
and may be addressed to the Nantucket Zoning Board of Appeals at the above address,
faxed to (508) 228-7298, or e-mailed to tbroadrick@nantucket-ma.gov .
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205 ~
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NOTICE
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ANNE G. DIVENERE, AS TRUSTEE OF DIVENERE NOMINEE TRUST,
FILE NO. 092-07
The applicant is proposing to alter and extend an existing nonconforming dwelling and
detached garage through the issuance of a special permit pursuant to Zoning Bylaw section
139-33 for preexisting nonconforming uses, structures, and lots. The site is located at 21 Mill
Street and is shown on Nantucket Tax Assessors Map 55.4.4 as Parcel 73 and Nantucket
Registry of Deeds Book 686, Page 45.
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NANTlJl:KET ZONING BOARD OF APPEALS
2 FAIRGROUNDS ROAD
NANTUCKET, MASSACHUSETTS 02554
CASE NO. 0 q 2 -07
FEE: $300.00
APPLICA nON FOR RELIEF
O. ~r's name(s):
Mailing address:
Applicant's name(s):
Anne G. DiVenere. as Trustee of DiVenere Nominee Trust
c/o Reade. Gulllcksen. Hanlev & Gifford. LLP
Same
Mailing address: 6 Youm!'s Wav. Post Office Box 2669. Nantucket. Massachusetts 02584
Locus address: 21 Mill Street Assessor's MaplParce~ '" . 55.~4-73::O
LaRd Court PlanJPlaR Book & PagelPlaR File No.: (no record plan) ii~o.% 9 ~
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Date lot acquired: 2/16/01 Deed Ref./Cert. of Title: 686-45 Zoning Oijlrict: ~ RO~
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Uses on Lot - Commercial: None x Yes (describe) ;:(] r-' 32 , I
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Residential: Number of dwellings ---1- Duplex_Apartments _ Rentalf800ms '.. <I
Building Date(s): All pre-date 7/72? Yes or C ofO(s)?
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:
The applicant proposes to alter the pre-existing nonconforming single-family
dwelling upon the locus, which is now sited about 1.8 feet from the
'rtheasterly side lot line at the closest point, by expanding the portion of
2 structure within the northeasterly side setback in order to add a kitchen;
the new side yard setback continue to be about zero feet at the closest point.
Minimum side yard setback in this zoning district is five feet. The applicant
also proposes to alter the pre-existing garage upon the locus, sited with zero
setback from the northeasterly side lot line at the closest point, by rotating
the structure and upward expansion, partially within the northeasterly side
yard setback area, and converting it to use as a studio; the new side yard
setback of the structure will become about 1.1 feet at the closest point. The
applicant requests relief by special permit under Nantucket Zoning By-law ~
139-33.A, for alteration and extension of pre-existing nonconforming
structures, extending the existing nonconformities without creating any new
nonconformities, for each of these alterations. The locus and structures
thereon are conforming in all other respects.
I certify that the information contained herein is substantially complete and true to the best of my
knowledge, under the p .ns and penal ies of perjury.
SIGNATURE: Applicant Attorney/Agent x
(If not owner or 0 ner's attorney, please enclose pro of agency to bring this matr before the Board)
FO 0 ICE USE
Application received on:j/L!i/ 07By: Complete: Need copies?:
Filed with Town Clerk:_/_/_ Planning Board:_/_/_ Building Dept:_/_/_ By:
Fe(l deposited with Town Treasurer:_/-'_ By: Waiver requested?:_Granted:_/-'_
H Ilg notice posted with Town Clerk:-'_/_ Mailed:_/_/_ I&M:_/_/_ & _/_/_
Hearing(s) held on:_/_/_ Opened on:-,_/_ Continued to:_/_/_ Withdrawn?:_/_/_
DECISION DUE BY:_/_/_ Made:_/_/_ Filed wffown Clerk:_/-'_ Mailed:-'_/_
..............,........_...._...T .. ............... .. .... .............._, ............T__.......__....___ ,...._....T__~ ..... ......~ -.._....~~ .. ."...- ,,,...-
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ZONING CLASSIFICATION:..
MIN. AREA: . . . p:~qq :5:;:;'. .
UIN. FRONTAGE: . . -?o. F:r:. . .
FRONT YARD S.B.: . .Iy'q/';t~. .
REAR k SIDE S. B. : .-!I.P.r:. .
GROUND COVER (%): . SO:/'.. .
EXISTING: ;e ~ Of{.
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THIS PlOT PlAN WAS PREPARED FOR THE TOWN
OF ~'fI.JCKET BUl/..DIHG DEPARTUENT OHL Y ANP
SHOUlD NOT BE: CONSIDERfD A PROPrRTY LINE
SURVEY. THIS PlAN SHOLlt-Q I';I,(>T BE USED TO
ESTABlISH PROPERTY LINES, FENCtS, HEDGES OR
ANY ANCIlLARY STRUClURES ON THE PREWSES.
THE PROPERTY L~..$HOWN RELY ON CURRENT
DEEDS AND PtAN$:1i1f RECORD.
THIS PlOT PlAN IS NOT A CCRTlfICA nON AS TO
lTltE OR ~ OF THE PROffRTY SHOWN.
OWNERS OF Al)J()IMNG PROPERnES ARE SHOWN
ACCORDING TO CURRENT ASSESOR RECORDS.
ASSESSOR MAP: -!".f.1-.."f. . PARCEL: 7:;3.
Jl C.R..B. ,-- J;J2NOTICS
-COUNT'::! ROAD
.BOUND POUND.
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BUILDING LOCATION PLAN
OF LAND IN
NANTUCKET, MASS.
SCALE: 1"= i5' DATE:.:5,spT. /R-,Z007
Owner: ~f'<.N.~ ~:1?I.Y~~1E;F?I:7,:r."'.v~te.e. q-/. . .
.l)1VJ<:HI2-R./E: HO/vUN.E:/E: TJeUS-r
Deed: . .G.s.G. -:i-.!f. . . PIon: ~P~~. ;;C!V"!J? .
Locus: . .i:;{ .~!I;-~. -?Tf?.E.J:;T. . . . . . .
CHARLis W. 1L4RT and ASSOCIATES. Inc.
ProJe~ Land Surveyors
8 WILLIAMS LANE
NANTUCKET, MASS. 02554
(508) 228-8910
H~7175