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Home My WebLink About043-09 Grant, Walter W. . ~~~~~~" ! t: '{;f \~' r!fi(:. ~"cc\ ':'. ) ~,;\ d_ _ IllS.. .t. \........'~_- _ __ _ _ -, ,,,,,,t.. ~...---~, ~~,.~;,,~)~,~~!:~,;~'f ~~\i~i~-'- ~--~.......;."..... d '-0 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 ::::::= 'Gj --' \.Q ~ .--- ..J ~.......j ::-". APPLICATION Fee: $300.00 File No. ~LJ3 -09 Owner's name(s): Walter W. Grant Mailing address: c/o Reade, Gullicksen, Hanley & Gifford, LLP Phonc Number: 508-228-3128 E- Mail: air@readelaw.com Applicant's namc(s): Same Mailing Address: 6 Young's Way, Post Office Box 2669, Nantucket, Mass. 02584 Phone Number: E-Mail: Locus Address: 49 Nonantum Avenue Assessor's Map/Parcel: 87-39 Plan and Lot Reference: Plan Book 2, Page 28, Block 227, Lots 1 through 8 and 44 through 47 Title Reference: Book 927, Page 286 Zoning District Residential-20 Uses on Lot- Commercial?: No If yes, describe Residential: Number of dwellings on lot 1 Number of dwelling un its 1 Duplex? Accessory Apartments? Date of Structures: all pre-date 7/72? See below If not, when built? Building Permit Numbers: Previous Zoning Board Application Numbers: 022-97; 053-07 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile F;\WpG\Grant\Walter\49 Nonantum\ZBA app for 9-09 meeting.docx State below or attach a separate addendum of specific special permits or variance relief applying for: The applicant proposes to alter the single-family dwelling upon the locus, as previously altered and relocated pursuant to the Variance relief granted by the Board of Appeals in File No. 022-97, by constructing an addition which will not increase the existing nonconformities nor create any new nonconformities. The structure is now sited with front yard setback, measured from Nonantum Avenue, of about 20.3 feet, with 30 feet being the minimum in this zoning district, and westerly side yard setback, measured from Dunham Street, the unconstructed way along the westerly side of the locus, of about 1.7 feet, with 10 feet being the minimum in this district. The locus, and the dwelling, conform to all other dimensional zoning requirements. Accordingly, the applicant requests Modification of the Variance granted in File No. 022-97 to expand the dwelling within the setback areas without reducing, and in part increasing, the separation from the lot boundaries at the closest points. The applicant requested and was granted relief identical to that hereby requested in File No. 053-07, which has now lapsed as a result of non-exercise. I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: By: Applicllntl Attorney I Ageffi* OFFICE USE ONLY Application received on:_1 _I _ By:_ Complete:_ Need Copies:_ Filed with Town Clerk_I _I_Planning Board:_1 _I_Building Dept.:_1 _I _ By:_ Fee deposited with Town Treasurer:_1 _I _ By:_ Waiver requested:_ Granted:_1 _I_Hearing notice posted with Town Clerk_I _I _ Mailed:_1 _1_ I&M_I _I _ &_1_1_ Hearing(s) held on:_1 _I_Opened on :_1_1_ Continued to:_1 _I _ Withdrawn:_1 _I_Decision Due By:_1 _I - Made:_1 _I_Filed w ITown Clerk_I _I _ Mailed:_1 _I - 2 Fairgrounds Road Nantucket 508-228-7215 telephone Massachusetts 508-228-7298 facsimile 02554 F;\WpG\Grant\Walter\49 Nonantum\ZBA app for 9-09 meeting.docx I ~/05(2009 13:24 FAX 5082285630 READE GUlLlCKSE J ~ ([)() V To'>\'Il of Nantucket Zoning Board of At>peal~ LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: ..... PROPERTY OWNER.... .....0~.~....(i.J.:...@.~t............ '4001 iJ $/c-~ MAILING ADDRESS..<:/ ~..~7.<:~~!.. .~~~~.~.<:~~~.r.'.~ ..~~.\l.~~Y...~.. ~~.f.~ ~~d, LLP PROPERTY LOCATION.. '" ....j4...!~.~fv.()0.... ..... .......,.. ...., ...' ASSESSOR MAPlP ARCEL.. " ......CO .~7::. ,.(), ~.... . ........... ,... ...... .,.. Reade, Gullicksen, Hanley & Gifford, LLP SUBMITTED BY... .........,...... ...'..... ...... ...,.... ..........,..... ....,.... .....,. SEE ATTACHED PAGES I certify that the foregoing is a list of all 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 a.ll other land owners within 300 feet of the property line of owner's property, as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139-29B (2). /7J~ 200Cf Di!rtf r-~ L~~~4/ II dj~ .A:SSESSOR'S OFFICE TOWN OF NANTUCKET ,. 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" '" :il ~ :il 13 '" ~ >< z .. ~ '" '" p ~ 0 0 H '" " III Z " '" z z ..., '" '" tIl '0 tIl '" '" III '0 0 .,. N '" N .,. N .. 0 o<t: '" 0. .. rl ro '" rl N '" '" '" " >< " ..., '" '" '" ~ ~ ~ ~ tIl Z ~ ~ H , '" " ~ " ~ H tIl .. 0 ~ u OJ u ~ ~ u ~ '" :z: '" '" '" u ~ " H U m ~ ~ ;;: H ::> z '" ..., '" H " '" ..., '" '" '> :>: '" '> '> OJ 0 U '" OJ tIl .. U " ~ ~ 0. ~ '" '" ..., H " ..., .. " L~ " tIl ..., .. '" ..., ~ -: ~ '" '" .. '" OJ " ~ u -: u o H -: H 0 ~ ::> " " z " "' z '" ::> H "' Z " '" " " '" 0 '" '" "' ~ "' z ~ u "' .. 0 " " >< 0 , '" tIl U U "' tIl " '" '" ~ ::> z ::> tIl ::> ..., '" ~ ..., H ! "' ~ "' S " 0 ~ ..., " 0 > " H U H 0 " "' -: ::> -: 0 :>: 0: OJ ..., >< z C> '> " ~ ,~ ~ rl ::> 0 r- r-J " .. ro rl 0 0 0 M <- 0 ro '" ..., M M M M '" .,. .. .. .. '" 0 r-; ~ r- Bruce D. & Jeanne C. Miller PO Box 2306 Nantucket, MA 02584 Fred & Grace Hamou 12 Langdon Grove Ln Carmel, NY 10512 Margaret P. Yates, Jr. 14 Sutton PI, S. New York, NY 10022 Arthur J. Reade, Jr. Reade, Gullicksen, Hanley & Gifford, LLP PO Box 2669 Nantucket, MA 02584 Bruce D. & Jeanne C. Miller PO Box 2306 Nantucket, MA 02584 Fred Hamou c/o Fred & Grace Hamou 71 Fletcher Avenue Mt. Vernon, NY 10552 Margaret P. Yates, Jr. 14 Sutton PI, S. New York, NY 10022 Arthur J. Reade, Jr. Reade, Gullicksen, Hanley & Gifford, LLP PO Box 2669 Nantucket, MA 02584 Hokie Cougar, LLC 44 Nonantum Av Nantucket, MA 02554 Norman A. Levenson, Trustee Surfside Investment Realty Tr 896 Beacon Street Boston, MA 02215 Thomas B. Quigley, Jr. 24 Sunswept Drive New Fairfield, CT 06812-4608 49 Nonantum 0087-039 Page One of One Set 1 of 2 Eugene C. & Agnes E. Stone PO Box 338 Nantucket, MA 02554 Norman A. Levenson, Trustee Surfside Investment Realty Tr 896 Beacon Street Boston, MA 02215 Thomas B. Quigley, Jr. 24 Sunswept Drive New Fairfield, CT 06812-4608 49 Nonantum 0087-039 Page One of One Set 2 of 2 Eric F. & Dominicana C. Stone 5 Sniffen Rd Armonk, NY 10504-2636 Nantucket Islands Land Bank 22 Broad Street Nantucket, MA 02554 Natalie Salatich Jacobson 505 Tremont St. Unit 609 Boston, MA 02116 Eric F. & Dominicana C. Stone 24 Parkway Circle Mt. Vernon, NY 10552 Nantucket Islands Land Bank 22 Broad Street Nantucket, MA 02554 Natalie Salatich Jacobson 505 Tremont St. Unit 609 Boston, MA 02116 ~ [ ~\\\' \ ~ ~_.\ , - ----~ ~----=:j\1 -- - . ; ~ ~::. ~ ~ ~.YiVV7 SC/.YAO~\I. \ ..., \, \ \ \ ~,3 . " · · \\\ ~ ~. \ V \~\~ 1\ ~ "" .: <II <II ,,\ ~ I, ~. \, <II I ~\\\ ~ i I~ \\ \ ~ IQ ~ \\ .\\ ~ L -~ ~ ~~. \\ I; ~ i\\\ ~ ~ r ~, Z- <II ~~\ ~ ,!1lS . . ~ · ~ . i \ 1 "'- ~ ~ i~ ~ ~ ~ \ \ ~ ~ ~ ~:~~ ~~~ \' , ~~"~...5l~ II \ .} ~! ~ Ig . II \ I ~ .l.Y.YC/.lS fYVHiVJ]{J \1 II \ '~ ~i ~ ~~ ~ ~..: !i~~ -' "- ~ ~ r..;~ ..;'" ~~ ~.. ~~ -~ !~ ~~ ~ ~t:tt:~ 5 ~~:;l~~ t ~A~~"" oJ: ~~E ~ ~- tn!Zen ei ~N b2ocn~ NO ...Jt::!ii~O ~t: :I.:I.>-(iiO "'-3 ii~"""'~ h zi!:Q~li1 a: ~:l.t::o:CJ ~ ~ ~ "'l; -l :J' '" '" ~~/ !~ .'~8 II! 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WI .... ii u 0- w '" W a ~ S;l ~ Q:; "- '" ~ ~ ~ ~ "> ..., l;~ ~ Q ~ ~~ ~ ~~~ ~ ~2 h ~ ... ...... ~~I ~ ~i ~" ~ ~ iii ~ ~ U ~ " '"-..::l I in ~ ~ ~ i S ~ to II~ I, . . 0 "~ Town of Nantucket Web GIS - Printable Map o Prop 10 Address Owner Sale Date Sale Price Book/Page Lot Size Town of Nantucket Web GIS " , ;, :,.', ',;'- "I :) 11ft 8739 49 NONANTUM AV GRANT WALTER W 841 NORTH MILFORD RD DOWNINGTON, PA 19335 12/01/2004 $1,700,000 00927/0286 1.13 acres Page 1 of I ::"-' ':, -; .. I" .. )-- .", ~ j r'..!c.:r...I'~'lr".'!ln.l A'..: r"''''-_ 1 -~'-'" I " _._.",'"-~._-~..~._.------- . , 1 I i:; (' ~;J -I;) ~:; ~:~ - ~ :) .., ~; s .:~:. " ,.-...---,----- -.---- j,JCYl f\ LEC/',L DOCU~/1Ef\JT r-~CI!- ]ener-a! r(~fererlc\~ unly' T portant rnusj' be conslcjcrc,::.i clata are avaiiatJlc fr-orn the r\L:1n::uck(~t GIS COCrClI!latuf o ?nC15 TCJIJ/(l of t'JcHlluckE:~t. r\lA. .A.il rlQhis rr~s(::r\/f;d Developed by AppGeo Town of Nantucket, Massachusetts Map Composed 8/12/2009 http://host.appgeo.com/nantucketma/PrintableMap.aspx?Preserve= Width&Map Width=43 2&Map... 8/ 12/2009 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 rj <~:..,. I :'T\ ,"0 Date: October 6, 2009 To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 043-09 Owner/Applicant: WALTER W.GRANT 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. It! S 0: { {}jJ) Michael J. O'Mara, Chair.man 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 87, Parcel 39 49 Nonantum Avenue Residential-20 Plan Book 2, Page 28, Block 227 Lots 1 through 8 and 44 through 47 Deed Book 927, Page 286 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, September 10, 2009, at 1:00 P.M., at 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of WALTER W. GRANT, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 043-09: 2. The applicant is seeking a MODIFICATION of the VARIANCE relief granted from the provisions of Nantucket Zoning By-law ~139-16.A in the Decision in Board of Appeals File No. 022-97 (the "1997 Decision"), which allowed the existing single-family dwelling upon the locus to be moved to a site about 23 feet at the closest point from the front lot line along Nonantum Avenue, in a district in which minimum front yard setback is 30 feet, and to a point no closer than 3 feet from the westerly side lot line, with the minimum permitted in this zoning district being ten feet. The Variance for this move was granted because of severe erosion of the coastal bank affecting the southerly portion of the locus. A new addition to the easterly side of the structure was then proposed, to be sited no closer than 23 feet from the front lot line. The appl icant now proposes to construct an addi tion to the westerly side of the dwelling, which would be sited as close as about 3.1 feet from the westerly lot line and as close as about 21.5 feet from the front lot line. In addition, the applicant is seeking a further Modification of the 1997 Decision in order to validate the actual front yard setback distance of about 20.3 feet as opposed to the previously-approved 23 feet. The lot and structure are otherwise conforming to the dimensional requirements of the By-law. Identical relief was granted by the Board of Appeals in Case No. 053-07, but the period of one year has passed since that variance relief was granted and the applicant has not exercised the rights granted thereby, which have accordingly expired. The locus is situated at 49 NONANTUM AVENUE, Assessor's Map 87, Parcel 39, is shown on plan recorded with Nantucket Deeds in Plan Book 2, Page 28 "Surfside Section 2", in Block 227, as Lots 1 through 8, inclusive, and 44 through 47, inclusive, and is in a RESIDENTIAL- 20 zoning district. 1 O:\ZBA\ZBA Decisions\Z8A DEe 043-09 Grant.doc 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. There was no Planning Board recommendation, on the basis that no matter of planning concern was presented. There was no further support nor opposition presented at the public hearing. 4. As presented by the Applicant's representative, the former owner of the locus constructed the subj ect dwelling In 1984 pursuant to Building Permit No. 3492-84, and obtained a Certificate of Occupancy on January 9, 1985. As a result of coastal erosion, the former owner had obtained relief for the moving of the dwelling, construction of the addition associated work pursuant to the 1997 Decision, and obtained a building permit in connection therewith on April 17, 1997, No. 14330-97; after the completion of the work the Building Department issued Certificate of Occupancy No. 14330-98 on February 20, 1998. A survey plan by Charles W. Hart & Associates, Inc., dated July 24, 1998, a copy of which is attached hereto as Exhibit A (the "1998 Hart Plan") shows that the actual setbacks of the structure as moved and altered pursuant to the work done under Building Permit No. 14330-97 are, at the closest points, 21.5 feet from the northerly lot line along Nonantum Avenue and 1.7 feet from the westerly side lot line along "Madequecham Street", an unconstructed, "paper" street, notwithstanding the minimum setbacks of 23 feet and 3 feet, respectively permitted by the 1997 Decision. Notwithstanding these discrepancies, the locus has been sold twice since the issuance of Certificate of Occupancy No. 14330-98, the new owners in each instance having relied upon the issuance of the Certificate of Occupancy. 5. The Applicant, who purchased the locus in 2004, now proposes to perform work upon the dwelling which will add a second bedroom. The plan presented by the applicant shows that the dwelling would be altered so as to create a westerly side yard setback in excess of three feet, while maintaining the front yard setback of 21.5 feet. Justification for approval of the front yard setback of 21.5 feet was presented as the fact that the top of the coastal bank is close to the southerly side of the dwelling; the 1998 Hart Plan shows a distance of less than 20 feet between the closest point of the dwelling and the top of the coastal bank as measured on August 12, 1996. 6. The presentation by the Applicant's representative demonstrated that the locus, although conforming in lot area and frontage (in fact, well exceeding the minimums) with dimensional zoning requirements, is severely constrained by the fact that most of the locus lies seaward of a coastal ban which has been subj ect to periodic erosion, thus having soil conditions and topography which do not affect all other lots in the same zoning 2 O:\ZBA\ZBA Decisions\ZBA DEe 043-09 Grant.doc district. As shown upon the 1998 Hart Plan, the narrow strip of land between the coastal bank and the line of Nonantum Avenue widens from east to west, thus accounting for the placement of the dwelling as far west as possible. This was the basis for the relief granted in the 1997 Decision. In their presentation in the present matter, the applicant's representatives suggested that the prior owner would have been well justified in requesting a front yard setback of less than the 23 feet that they applied for and were granted. The revised plan, by Charles W. Hart & Associates dated August 9, 2007, a copy of which is attached hereto as Exhibit B (the "2007 Hart Plan") keeps the front yard setback at the present 21.5 feet, but increases the westerly side yard setback to 3.1 feet in order to follow the condition of the 1997 Decision that side yard setback not be less than three feet. 7. Accordingly, by UNANIMOUS vote of the Board of Appeals members hearing this application, the Board found that the proposed MODIFICATION of the VARIANCE relief granted by the 1997 Decision, to allow alteration of the dwelling resulting in side yard setback of about 3.1 feet and front yard setback of about 21.5 feet, as shown upon the 2007 Hart Plan, would be consistent with the variance findings made by the Board of Appeals in the 1997 Decision, and GRANTED relief by MODIFICATION of the 1997 Decision, subject to the following conditions: (a) The minimum setback from the northerly front lot line along Nonantum Avenue shell be 21.5 feet; (b) The minimum setback from the westerly side lot line shall be 3.1 feet; and (c) The proposed alterations shall be constructed In substantial accordance with the 2007 Hart Plan ("Exhibit B") . SIGNATURE PAGE TO FOLLOW 3 0: \ZBA \ZBA Decisions\Z8A DEe 043 -09 Grant. doc Dated: (}c,/pi2IA-Y , 2009 ~rd~ Li~~tticelli // '~)"""'J~ /-I-~_~~. " l.. "\ , 'I' ,.,-" .'. ~__ ", i/V-' (. , C,susim McCar y \ COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. tl~#E 1, 2009 C" On this 1# day of Se tember, 2009, before me, the undersigned Notary Public, personally appeared ~t.( ~ , who is personally known to me, and who is the person whose name is signed on the preceding attached document, and who acknowledged to me that he/she signed it voluntarily for its stated purpose. ~,r,#11( Notary Public: ~11t"~X. .MIJH'~ My commission expires:.Af~n~ ;;.. "iJ/~ 4 O:\ZBA\ZBA Decisions\ZBA DEe 043-09 Grant.doc Z lJ 0 ". f: "<' '<(' ~: u l:'~ () Z -l :::... '<( <'" \!l r1 z. 'Z ~ ~1 ~ ~.~ ~ Cl ~ -l ~~ S g t~ <0 .,.("(' Efff/13/1 If ~ ~ ~ 9- :'-c~ '( ;; ~ ,~ ~ \;.; J ~ ~ cD 't} "-(- u) C( ,,(' )-, I) :;j iJ 1-. S j;, ,. 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