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Home My WebLink About107-07 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: !Vb. II ,2008 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 107-07 Owner/Applicant: g .~t~t Charles Tapper C _. , .~ .........- .., ~..: ...... J"T"1 co ~ ~ -0 !'-.., o Enclosed is the Decision of the BOARD OF APPEALS which ha~ 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) ays. , Chairman Mich 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 FAIRGROUND ROAD NANTUCKET, MASSACHUSETTS 02554 Assessor's Map 42.3.1 Parcel 103 ROH 10 Orange Street Book 507, Page 217 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, January 11, 2008, at 1:00 P.M., in the Conference Room, at 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of CHARLES TAPPER, c/o Patricia A. Halsted, Attorney, Four North Water Street, Nantucket, Massachusetts 02554, File No. 107-07. 2. The Applicant is seeking Special Permit relief pursuant to Zoning Bylaw 139- 33A(5) (alteration/expansion of pre-existing nonconforming structure/use) in order to construct a one hundred and sixty-nine (169) square foot addition directly above the first floor of the dwelling on the southerly side of the structure. The site is located at 10 Orange Street, is shown on Nantucket Tax Assessor's Map 42.3.1 as Parcel 103, and is shown in Plan Book 11, Page 16 3. Applicant, through counsel, represented that the small addition would be directly above the first floor of the pre-existing dwelling which encroaches into the sideyard setback on the southerly side of the dwelling. There would be no further encroachment into the sideyard setback and no further increase in ground cover, as evidenced by the site plan prepared by Blackwell & Associates, Inc., dated June 12, 1996, revised April 11, 1998 and further revised on March 6, 2007, a copy of which is attached hereto as Exhibit A. The plans for the expansion have been approved by the Historic District Commission. 4. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. The Planning Board did not make a recommendation. No one spoke in opposition to the application. 5. The Board finds that granting the requested relief would not result in a substantial detriment to the neighborhood. 6. According, the Board of Appeals, by a UNANIMOUS vote, GRANTS the requested SPECIAL PERMIT relief under Nantucket Zoning Bylaw 139-33A(5) (alteration/expansion of pre-existing nonconforming structure/use); upon the following conditions: a) No exterior work on the approved addition shall be performed between Memorial Day and Labor Day. b) The addition will conform to HDC Certificate of Appropriateness No. 49886. SIGNATURE PAGE TO FOLLOW _G CLA55IflCATI31f.... . . . . . i>nN AREA 6'000:S. F- '. FRoN~Ai;e,'.:.',5:6.'m'.'. ., ~ F'~ONT YARe) S.B., . .~.!i . . , ~~::lJN~ ~~;:R fxi : .4~: : it1$5~l$.i: :~";"'l#I ;;: : :.f1:.~: :'%:ct ~I 4Z..s.I- 147 Gf:OJSE ! .8A~li:A AJo4D~...S Ale /-... C!.l ~ e \. ~tO'1; .(j) Dl W ::z C) fll. <( <.b , . >- W ....J -1 -:;( ~E A'2o PO$D . trt::.~l T?ON w ::z o l- i/') o nlZJIOTES IRQJ./ PIPE R>lJIIl> ~ ,.( ~;~ - !rI /l.( I "'10>" ~: ':;z I'i~<' ~~ lil " .~ q.?'~ '" tg. . o ORANGE ST. nus PLOT PLAN WAS PRC:PAllt:D 'OR THE TOWN OF NANTUOKET BlJILDIN(l oePAATIWNT 0Hl. Y A.HO SHOUt.O NOT BE CONSJOeR~o Jl ,.~ U~le' SURVEY. THIS PLAN SHOiJLD NOT ~ ~ EST ABlJSI1 PROPERTY' lIwes, PEHeE.$... .. Ofl ANY ANCILLARY STRUCTURes ON TFE. "~s. THI; PROPERTY liNES SHOWII AEL Y 011 CURfl€N'T DEEOS AND PLANS OF ~CORO. THIS PLOT I'LAN IS NOT A OER.TIPICATJON AS TO TITLE OR OWNERSiilP OF TIE 1i"lt0000RTY SHOWN. OWNERS OF ADJOIMNG PROPERTIES A'*' SHOWN ACCORDING( TO CURRENT ASSESOR RECORDS. ASSE'S~OR MAP: .4:Z:~,~ . PARCEL, . . tOp. OtffUJlliii LOCATION fUB OF t..AW IN NANTUCKIET, MASS. o 'f!f4W: ~l- II, I~. SCA~: 1". 2/)~~f'~_~:~~ Ow_: . .C: HA~I.-t=:.~. TAf:"f'.~~~. . . 0...0, ~,K, ~rrr ~ .1:t1 PI....:,r:r;. ,l( F c,-. (Ii? . Ucu.: . ~J9. .~~~. .5:-. . . . . . . . . . 6LAClWEU i ASSGaA TfS. lao. 6 YOOlfVS WAY N ANTUClET. MASS. 0'2i0Ii-' ~ tH- 902.6 'N(ff ro n ~D. B- 4(,53 iF ~ . Dated: ~ II ,2008 '--- COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. ..;, February JL, 2008 On this ~ ~J.f ~ b. -;:;;; before me, the undersigned Notary Public, personally appeared 1"J4.~J n , 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 voluntarily for its stated purpose. ~~~ Notary Public: 61{ ,,~S~ NtIJfJ,,,, My commission expires: 3!tlJt/r, TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKE T, MA 02554 PUBLIC NOTICE d -...J ::0 --{ ~~ 0 "'~ 'Tl .. c::::::l =f ." - ~;[~: C"'J ". (-; N +:0- - r' \ *,..6- r'i: ;g 0 , Gj ,. ; - A PUBLIC HEARING of the NANTUCKET ZONING BOARD OF APPEALS is scheduled for 1:00 PM January 11, 2008 in the Conference Room at 2 Fairgrounds Road, Nantucket, MA, 02554. The application materials 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 January 11, 2008 meeting must be received by 4:30 PM on Wednesday, January 2,2008 and may be addressed to the Nantucket Zoning Board of Appeals at the above address, faxed to (508) 228-7298, or e-mailed to jbreschettii)nantucket- ma.gov Q-IARLES TAPPER, FILE NO. 107-07 The applicant is seeking special permit relief pursuant to Zoning Bylaw 139-33A(5) (alteration/ expansion of pre-existing nonconforming structure/ use) in order to construct a one hundred and sixty-nine (169) square foot addition directly above the 1st floor of the dwelling on the southerly side of the structure. The site is located at 10 Orange Street, is shown on Nantucket Tax Assessor's Map 42.3.1 as Parcel 103, and is shown on Land Court Plan Book 11, Page 16. 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $300.00 File No. [61..01 Owner's name(s):, Charles Tapper Mailing address:, 509 Falmouth_Road Mashpee, Massachusetts 02649 Phone Number: 800-261-8182 E-Mail: Applicant's name(s): Same as above Mailing Address: Phone Number: E-Mail:, Locus Address: 10 Orange Street Assessor's Map/Parcel: Map 4231, Parcell 03 Land Court PlanlPlan Book & Page/Plan File No.: Plan Book 11, Page 16 Deed Reference/Certificate of Title: Book 507, Page 217 Zoning District: ROH Uses on Lot- Commercial: None Residential: Number of dwellings 1 Duplex 0 Apartments 0 Date ofStructure(s): all pre-date 7/72? Dwelling pre 7/72 and Studio 1998_ Building Permit Numbers: 264-75. 267-75.584-77.8020-91. 9203-92. 13875-96. 15003-97. 132-98 and 1174-07 Previous Zoning Board Application Numbers:, 016-97 2 Fairgrounds Road Nantucket 508-228-7215 telephone Massach usetts 508-228-7298 facsimile 02554 State below or attach a separate addendum of specific special permits or variance relief applying for: See attached Addendum I certity that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: Owner* SIGNATURE:. f ~ &. /~ Applicant! Attorneyl Agent* *If an Attorney or other Agent is repTesenting the Owner or the Applicant, please provide a signed proofofagency. OFFICE USE ONLY Application received on:-.I-.I_ By: _ Complete: _ Need Copies: _ Filed with Town Clerk:j _I _ Planning Board:j.i _ Building Dept.:-.I.i _ By:_ Fee deposited with Town Treasurer:-.I -.I _ By:_ WaiveT requested: _ GTanted:-.I-_ Hearing notice posted with Town Clerk:_1 _1_ Mailed:-.I_I_ I&M-.I-.I_ &-.1-.1_ Hearing(s) held on:- -_ Opened on :_1-.1_ Continued to:-.I-.I_ Withdrawn:-.I-.I_ Decision Due By:-.I-.I_ Made:-.I_I_ Filed wrrown Clerk:-.I-.I_ Mailed:_l-.I_ 2 Fairgrounds Road 508.228.7215 telephone Nantucket Massachusetts 508.228.7298 facsimile 02554 ADDENDUM The Applicant is seeking relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section 139-33A (5) (alteration/expansion of a pre-existing non-conforming structure/use) . Applicant proposes to renovate a portion of the pre-existing dwelling by constructing a 169 square foot addition directly above the 1st floor of the dwelling on the southerly side of the structure. No part of the expansion will be closer to the property line than the existing building. Locus is non- conforming as to frontage, having 38.0t feet of frontage along Orange Street in a district that requires a minimum frontage of 50 feet; and as to setbacks, with the principal structure being sited O. It feet at its closest point from the southerly side yard lot line. The Premises is located at 10 Orange Street, Assessor's Map 4231, Parcel 1D3, Plan Book 11, Page 16 at Nantucket Deeds. The property is zoned Residential Old Historic. "~~&NfNG CLA~JfICA T1O'N. . . [,* I. ~JM'IN AREA 6'000 S.F. ,;~;. ,......S6.ff.. ~.~,MIN, FRONTAGE, .. . , . . ,'. . . ,..:,"FRONT YARD S.B., . ,/oI;O)o/.E, . . '; REAR & SIDE 5, 8. , .9.1:'0. . GROUND COVER IXI: . .5'9, ", . <1'"1$0' ~s..F. : :6.:1<: f'o/! : :.tP.: :t..:", ~I ,-II ~: ,.'.~ 1 42.3./ - 147 G'E:Cl~E !8AreA~A AJo4D~E:wS Ale <Q6.1o' 1; 1- C!.l ':;) 8 >- W -.l ....J -:;( .(f) Dl W :z Cl IU: <( <..!J _ ~~E o DEIJOTES IRQJ./ riPE FOJ.J1Jl> ~ ,.( tQ~ ~~w -"'CI:' , v- ~_ ':;z l<iw-<! .!;!> ~~ lJJ " ,o..,?'r W :z o l- V) ORANGE 5T THIS PLOT PLAN WAS PREPARED FOR THE TOW# OF NANTUCKET BUILDIN<; DePAATl4EliIT ONLY AND SHOULD NOT 8E CONS~D A PIlOPQTV lINE SURVEY. THIS PLAN SHOUlD NOT 8E '~l" rq ESTABLISH PROPERTY LINES. FEHCE$..'HEOGES OR ANY ANCILLARY STRUCTURES ON THe. P~SGs. THE PROPERTY LINES SHOWN RELY ON CURReNT DEEDS ANO PLANS OF RECORD. THIS PLOT PLAN IS NOT A CERTIF10A TION AS TO TITlE OR OWNERSHIP OF THe PROPeRTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING/, TO CURRENT AsseSOR RECORDS. ASSESorOR MAP: .4.z:~.1. . PARCEL: . . (O? l}{JtI.DlN'6 LOCATION PUN Of' LAliIO IN NANTUCKET, MASS. , ~: ~Jl.. II, I"i;b. S~AI..E: 1", z.o DATE: .JU1JE IZ, ,,% R.EVISED: 3-(;; -07 Owner: ; (HA ~p::.~. .TAf:"f'.~J~.. . . D.ed:t>.I<,~f?1 Jifs.:J:I1Plan: )?IS)! FCr.l.~.. Loc",,: . ~.19. . oe.A.ioIGE. .5::. . . . . . . . . . BLACKWELL &: ASS'O:CIA YES. 1.0. 6 YOtJN-GS "II A Y NANTUCKET. MASS. 02Sli4 ~SOi1l) 221- 9026 . NO'T lO BE RECOR.PED. B-4(;53