HomeMy WebLinkAbout022-00TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date : March ~~ 20 00
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: 022-00
Owner/Applicant• E• CONSTANCE BISCHOFF
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
filing an complaint in 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.
o~
William P. Hourihan, Chairman
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.
NANTUCKET ZONING BOARD OF APPEALS
37 Washington Street
Nantucket, Massachusetts 02554
31 Lily Street, Nantucket Land Court Plan 23275-A
Assessor's Map 42.4.3, Parce1105 Certificate of Title No. 19359
Residential Old Historic
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on
Friday, March 10,1999, at 1:00 P.M., in the Conference Room in the Town Annex
Building, 37 Washington Street, Nantucket, Massachusetts ,the Board made the
following decision on the application (022-00) of E. CONSTANCE BISCHOFF,
a/k/a Eleanor Constance Bischof, of 29 Brinker Road, Barrington, IL 60010, in
connection with property known as 31 Lily Street, Nantucket, Massachusetts.
2. Applicant is seeking relief by SPECIAL PERMIT under Nantucket
Zoning By-law Section 139-33A and 139-33E(2)(a) (alteration/expansion of a pre-
existing conforming structure/use). Applicant proposes to demolish and
reconstruct the rear portion of the said to be pre-existing single-family dwelling.
The rear portion of the structure is currently sited at about 3.7 feet at its closest
point from the northeasterly side yard lot line and about 0.6 feet at its closest
point from the rear yard lot line in a district that requires a minimum side and
rear yard setback of five (5) feet. The new addition would meet the 5-foot rear
yard setback requirement and would be sited at four (4) feet at its closest point
from the northeasterly side yard lot line, lessening the nonconforming nature of
the addition. The new addition would also be extended in an upward manner
without coming any closer to the lot lines than described above. The existing
northeasterly side yard setback distances of the main portion of the structure will
not be changed as part of the proposed work under this Application. Applicant
is also seeking relief to increase the ground cover ration from about 41 % to about
42%, about 40 square feet that would result from the proposed work in a district
that allows a maximum ground cover ratio for sub-minimum lots of 30% without
relief from this Board. To the extent necessary, Applicant is also seeking relief by
VARIANCE under Section 139-16A to complete the project as proposed. The
Locus is nonconforming as to lot size with the Lot containing about 4,224 square
feet of area in a district that requires a minimum lot size of 5,000 square feet; and
as to side and rear setbacks, in addition to those described above, with a garage
structure being sited at about 3.7 feet at its closest point from the rear yard lot
line and at about 3.7 feet at its closest point from the northwesterly side yard lot
line. The Premises is located at 31 LILY STREET, Assessor's Map 42.4.3, Parcel
104 Land Court Plan 23275-A. The property is zoned Residential-Old Historic.
3. Our decision is based upon the application and accompanying
materials, and representations and testimony received at our public hearing. The
Planning Board made a recommendation that a variance would be required for
the relief requested, but that interpretation was reversed by staff after
clarification of the project. There was no opposition to the relief requested
presented at the hearing.
4. The Applicant proposes to demolish and reconstruct the rear
portion of the pre-existing non-conforming dwelling as shown on the attached
site plan. The existing structure is 1.3 feet at its closest point from the northerly
side property line and 0.6 feet from the rear property line, when a 5 foot set back
is required from both property lines. As reconstructed, the structure will be
more than 5 feet from the rear property line, thereby complying with the rear
yard setback. The reconstructed portion of the structure will be no closer than 4
feet from the northerly side property line, and while not complying with the 5
foot set back requirement, no closer to the property line than the portion of the
house that is not being reconstructed which is 1.3 feet from the property line.
According to the preliminary elevation drawings presented at the hearing, a
portion of the new construction within the side yard setback may be higher than
the existing structure within the setback. Architectural considerations and the
constraints of integrating the reconstructed section with the remaining structure
make full compliance with the 5 foot setback requirements impractical. Overall,
the project makes the building overall more conforming with the setback
requirements.
5. The lot is apre-existing non-conforming lot with 4,224± square feet of
area and an existing ground cover ratio of 41±%. The Zoning By-law provides
that for lots of less than 5,000 square feet a ground cover ratio of 30% is
permitted as of right, with up to a 50% ground cover ratio permitted by Special
Permit from the Zoning Board of Appeals. The proposed project will increase
the ground cover by approximately 40 square feet for a resulting ground cover
ratio of 42±%. The fence along the rear property line will be replaced with a
retaining wall and fence as shown on the submitted plans to alleviate the
Applicant's concerns regarding erosion from the Congregational Church
property to the southeast of the Premises.
2
6. The Board finds that the demolition of the rear portion of the
dwelling which is partially within the side and rear yard setbacks, and the
construction of a new wing to replace the demolished. portion of the structure,
which new construction, while not fully compliant with the current setback
requirements, reduces the setback non-conformities, will not be substantially
more detrimental to the neighborhood than the existing non-conformities. The
potential increase in the height of a portion of the structure would be an
intensification of the set back intrusion, but since overall the set back non-
conformities are decreased, will not be substantially more detrimental to the
neighborhood than the existing structure. Further, the Board finds that the
approximately 42% resulting ground cover ratio as a result of the proposed
project will also not be substantially more detrimental to the neighborhood than
the existing non-conformities.
7. The Board of Appeals voted unanimously to GRANT the requested
SPECIAL PERMIT under Section 139-33A and Section 139-33E(2)(a) to allow the
proposed project to proceed substantially in accordance with the site plan dated
December 7,1999 prepared for Connie Bischof by Nantucket Surveyors, Inc., a
copy of which is attached hereto as Exhibit A.
Dated: (~(~ pl~f'C (n ~3) ~ ~b
t', `~'ot~~~.ti--~
William Hourihan
i~ECEIVE®
TOWN CLERK'S OFFICE
NANTUCKET, MA 02554
~yq~ 2 3 2000
r9M~: 3. av ,~
~~s~ _
~LERPC: -~`~~
Edward M rphy
o'
Mi e J.O'Mar~,
3
D. Neil Parent
L ~ ~~.
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I) ~-1~~picr--ce:,, M~~. C~ngc~t-rs f~xt• L,-t~oa-M,~
"Tv Gva-F-c-,-+-r 7~i.-f~ ~erz~~a~+~tc..rn~.
2, lac; CZ~r~.u~ty ~~C~a~F ~.+w~,-~ ~~-t
lam. (~~.. 'L3='~G7~ft t.~^'r~ die-('r. 19~i1
CURRENT ZONING MAP: G"LU~
MINIMUM LOT SIZE: ~W ~•~~
MINIMUM FRONTAGE: ~~
FRONTYARD SETBACK:I~o~~
SIDE AND REAR SETBACK: 5 r~-•
ALLOWABLE G.C.R.: ~% (4. ?~ F,A-.L.,cy N~•~~+- .m~ sK)
EXISTING G. C.R.:q~ /~~~1'1~}O~h.P~ ~,o~v~.R. l~Y~o~sp.
PROPERTY LINES SHOWN ARE TAKEN FROM RECORDED
DEED AND PLAN REFERED TO HEREON. BUILDINGS, MONUMENTS.
ETC. ARE PLOTTED FROM FIELD MEASUREMENTS.
N.B. lh4 ~~
SITE PLAN
IN
NANTUCKET, MASSACHUSETTS •
SCALE: ~'~~~0~ DATE: ~ 7, 179q
DEED REFERENCE:L~~-T ~5~-1
PLAN REFERENCE: L.~ p-•• ~-°~~-"~5'~`
ASSESSOR'S MAP4~^1.3PCL. }o~-
PREPAREO FOR:
~OI~Lk-tLG ~js~,c~(o~
NANTUCKET SURVEYORS INC.
5 WINDY WAY
NANTUCKET, MA. 02554
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date : March °~..3 20 00
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: 022-00
Owner/Applicant• E. CONSTANCE BISCHOFF
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
filing an complaint in 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.
o~
William P. Hourihan, Chairman
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"'PO NANTUCKET
ZONING BY-LAW §139-30I (SPECIAL PERMITS);,§139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET ZONING BOARD OF APPEALS
37 Washington Street
Nantucket, Massachusetts 02554
31 Lily Street, Nantucket Land Court Plan 23275-A
Assessor's Map 42.4.3, Parce1105 Certificate of Title No. 19359
Residential Old Historic
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on
Friday, March 10,1999, at 1:00 P.M., in the Conference Room in the Town Annex
Building, 37 Washington Street, Nantucket, Massachusetts ,the Board made the
following decision on the application (022-00) of E. CONSTANCE BISCHOFF,
a/k/a Eleanor Constance Bischof, of 29 Brinker Road, Barrington, IL 60010, in
connection with property known as 31 Lily Street, Nantucket, Massachusetts.
2. Applicant is seeking relief by SPECIAL PERMIT under Nantucket
Zoning By-law Section 139-33A and 139-33E(2)(a) (alteration/expansion of a pre-
existing conforming structure/use). Applicant proposes to demolish and
reconstruct the rear portion of the said to be pre-existing single-family dwelling.
The rear portion of the structure is currently sited at about 3.7 feet at its closest
point from the northeasterly side yard lot line and about 0.6 feet at its closest
point from the rear yard lot line in a district that requires a minimum side and
rear yard setback of five (5) feet. The new addition would meet the 5-foot rear
yard setback requirement and would be sited at four (4) feet at its closest point
from the northeasterly side yard lot line, lessening the nonconforming nature of
the addition. The new addition would also be extended in an upward manner
without coming any closer to the lot lines than described above. The existing
northeasterly side yard setback distances of the main portion of the structure will
not be changed as part of the proposed work under this Application. Applicant
is also seeking relief to increase the ground cover ration from about 41 % to about
42%, about 40 square feet that would result from the proposed work in a district
that allows a maximum ground cover ratio for sub-minimum lots of 30% without
relief from this Board. To the extent necessary, Applicant is also seeking relief by
VARIANCE under Section 139-16A to complete the project as proposed. The
Locus is nonconforming as to lot size with the Lot containing about 4,224 square
feet of area in a district that requires a minimum lot size of 5,000 square feet; and
as to side and rear setbacks, in addition to those described above, with a garage
structure being sited at about 3.7 feet at its closest point from the rear yard lot
line and at about 3.7 feet at its closest point from the northwesterly side yard lot
line. The Premises is located at 31 LILY STREET, Assessor's Map 42.4.3, Parcel
104 Land Court Plan 23275-A. The property is zoned Residential-Old Historic.
3. Our decision is based upon the application and accompanying
materials, and representations and testimony received at our public hearing. The
Planning Board made a recommendation that a variance would be required for
the relief requested, but that interpretation was reversed by staff after
clarification of the project. There was no opposition to the relief requested
presented at the hearing.
4. The Applicant proposes to demolish and reconstruct the rear
portion of the pre-existing non-conforming dwelling as shown on the attached
site plan. The existing structure is 1.3 feet at its closest point from the northerly
side property line and 0.6 feet from the rear property line, when a 5 foot set back
is required from both property lines. As reconstructed, the structure will be
more than 5 feet from the rear property line, thereby complying with the rear
yard setback. The reconstructed portion of the structure will be no closer than 4
feet from the northerly side property line, and while not complying with the 5
foot set back requirement, no closer to the property line than the portion of the
house that is not being reconstructed which is 1.3 feet from the property line.
According to the preliminary elevation drawings presented at the hearing, a
portion of the new construction within the side yard setback may be higher than
the existing structure within the setback. Architectural considerations and the
constraints of integrating the reconstructed section with the remaining structure
make full compliance with the 5 foot setback requirements impractical. Overall,
the project makes the building overall more conforming with the setback
requirements.
5. The lot is apre-existing non-conforming lot with 4,224± square feet of
area and an existing ground cover ratio of 41±%. The Zoning By-law provides
that for lots of less than 5,000 square feet a ground cover ratio of 30% is
permitted as of right, with up to a 50% ground cover ratio permitted by Special
Permit from the Zoning Board of Appeals. The proposed project will increase
the ground cover by approximately 40 square feet for a resulting ground cover
r~ti~ ~f 42±%. The fence along the rear property line will be replaced with a
retaining wall and fence as shown on the submitted plans to alleviate the
Applicant's concerns regarding erosion from the Congregational Church
property to the southeast of the Premises.
2
6. The Board finds that the demolition of the rear portion of the
dwelling which is partially within the side and rear yard setbacks, and the
construction of a new wing to replace the demolished. portion of the structure,
which new construction, while not fully compliant with the current setback
requirements, reduces the setback non-conformities, will not be substantially
more detrimental to the neighborhood than the existing non-conformities. The
potential increase in the height of a portion of the structure would be an
intensification of the set back intrusion, but since overall the set back non-
conformities are decreased, will not be substantially more detrimental to the
neighborhood than the existing structure. Further, the Board finds that the
approximately 42% resulting ground cover ratio as a result of the proposed
project will also not be substantially more detrimental to the neighborhood than
the existing non-conformities.
7. The Board of Appeals voted unanimously to GRANT the requested
SPECIAL PERMIT under Section 139-33A and Section 139-33E(2)(a) to allow the
proposed project to proceed substantially in accordance with the site plan dated
December 7,1999 prepared for Connie Bischof by Nantucket Surveyors, Inc., a
copy of which is attached hereto as Exhibit A.
Dated: (pp~Y'C (n ~3~ ~ ~,
RECEII~E~
TOWN CLERK'S OFFICE
NANTUCKET, MA 02554
~p~ 2 3 2000
ri~~:_ 3. av ,~
,~,s} .
~,LERO(: ~
William Hourihan
Edward M rphy
o'
Mi e J.O'Mar~,
3
D. Neil Parent
L~~L~ ~rr~>:-r
CtNpy..~L -~pR-1A31~ VS"7rvF,
o.tl.W. _ --'__-----
f~o-r~
I, ~- ~~.1rJ tt1--cC-.1s I'~IEtI~..~F.L~~AC~-Yl'S ~• ~x-1~e7 nc1C
'T~ Lvv-~[,.+-F Zia-~l.-fv ~E:t.~~a~te,.rn~.
2, L.>r; ~~1C1-~-I rl(~ ~r~~R~P ~+c.*N.-1 or!
L.~. (~~. 23 =' ~ ~i-h T~-~r~i pie-C'~ : 19 r l
CURRENT ZONING MAP: GZUr~
MINIMUM LOT SIZE: 5v«~ g.~.
MINIMUM FRONTAGE: ~'rr•
FRONTYARD SETBACK:1~~~=
SIDE AND REAR SETBACK: 5 r+-•
ALLOWABLE G.C.R.: 50~, (y. X07 r,~-L„~., w~w!~' 1K)
EXISTING G.C.R.: ~~ /0~~1~<}0~~,.F~ ~pyp C G.R. I'!'v°tst=.
PROPERTY LINES SHOWN ARE -T~A~KEN FROM RECORDED
DEED ANO PLAN REFERED 70 HEREON. BUILDINGS, MONUMENTS,
ETC. ARE ;LOTTED FROM FIELD MEASUREMENTS.
SITE PLAN
IN
NANTUCKET, MASSACHUSETTS .
SCALE: ~"=~0~ DATE: ~ ~, 1~9q
DEED REFERENCE:!-~ ~-T si5o~
PLAN REFERENCE: I-~- p'-• ~!~-, 5 •A
ASSESSOR'S MAP4~^9.3PCL.lo~-
PREPARED FOR:
Gotill-tL!/ ~-rsStF(oF
NANTUCKET SURVEYORS INC.
5 WINDY WAY
NANTUCKET. MA. 02554
1
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: March °~3 20 00
To: Parties in Interest and.Othe"rs concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: 022-00
Owner/Applicant: E. CONSTANCE BISCHOFF
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
filing an complaint in 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.
~.N, ~
o~
William P. Hourihan, Chairman
cc: Town Clerk
Planning Board
Building Commissioner
PLEASE NOTE: .MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME
LIMT.T AND WILL EXPIRE IF NOT ACTED UPON ACCORDING`TO NANTUCKET
ZONING BY-LAW §139-30I (SPECIAL PERMITS);:.§1'39-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET ZONING BOARD OF APPEALS
37 Washington Street
Nantucket, Massachusetts 02554
31 Lily Street, Nantucket Land Court Plan 23275-A
Assessor's Map 42.4.3, Parce1105 Certificate of Title No. 19359
Residential Old Historic
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on
Friday, March 10,1999, at 1:00 P.M., in the Conference Room in the Town Annex
Building, 37 Washington Street, Nantucket, Massachusetts ,the Board made the
following decision on the application (022-00) of E. CONSTANCE BISCHOFF,
a/k/a Eleanor Constance Bischof, of 29 Brinker Road, Barrington, IL 60010, in
connection with property known as 31 Lily Street, Nantucket, Massachusetts.
2. Applicant is seeking relief by SPECIAL PERMIT under Nantucket
Zoning By-law Section 139-33A and 139-33E(2)(a) (alteration/expansion of a pre-
existing conforming structure/use). Applicant proposes to demolish and
reconstruct the rear portion of the said to be pre-existing single-family dwelling.
The rear portion of the structure is currently sited at about 3.7 feet at its closest
point from the northeasterly side yard lot line and about 0.6 feet at its closest
point from the rear yard lot line in a district that requires a minimum side and
rear yard setback of five (5) feet. The new addition would meet the 5-foot rear
yard setback requirement and would be sited at four (4) feet at its closest point
from the northeasterly side yard lot line, lessening the nonconforming nature of
the addition. The new addition would also be extended in an upward manner
without coming any closer to the lot lines than described above. The existing
northeasterly side yard setback distances of the main portion of the structure will
not be changed as part of the proposed work under this Application. Applicant
is also seeking relief to increase the ground cover ration from about 41 % to about
42%, about 40 square feet that would result from the proposed work in a district
that allows a maximum ground cover ratio for sub-minimum lots of 30 % without
relief from this Board. To the extent necessary, Applicant is also seeking relief by
VARIANCE under Section 139-16A to complete the project as proposed. The
Locus is nonconforming as to lot size with the Lot containing about 4,224 square
feet of area in a district that requires a minimum lot size of 5,000 square feet; and
as to side and rear setbacks, in addition to those described above, with a garage
structure being sited at about 3.7 feet at its closest point from the rear yard lot
line and at about 3.7 feet at its closest point from the northwesterly side yard lot
line. The Premises is located at 31 LILY STREET, Assessor's Map 42.4.3, Parcel
104 Land Court Plan 23275-A. The property is zoned Residential-Old Historic.
3. Our decision is based upon the application and accompanying
materials, and representations and testimony received at our public hearing. The
Planning Board made a recommendation that a variance would be required for
the relief requested, but that interpretation was reversed by staff after
clarification of the project. There was no opposition to the relief requested
presented at the hearing.
4. The Applicant proposes to demolish and reconstruct the rear
portion of the pre-existing non-conforming dwelling as shown on the attached
site plan. The existing structure is 1.3 feet at its closest point from the northerly
side property line and 0.6 feet from the rear property line, when a 5 foot set back
is required from both property lines. As reconstructed, the structure will be
more than 5 feet from the rear property line, thereby complying with the rear
yard setback. The reconstructed portion of the structure will be no closer than 4
feet from the northerly side property line, and while not complying with the 5
foot set back requirement, no closer to the property line than the portion of the
house that is not being reconstructed which is 1.3 feet from the property line.
According to the preliminary elevation drawings presented at the hearing, a
portion of the new construction within the side yard setback may be higher than
the existing structure within the setback. Architectural considerations and the
constraints of integrating the reconstructed section with the remaining structure
make full compliance with the 5 foot setback requirements impractical. Overall,
the project makes the building overall more conforming with the setback ~-
requirements.
5. The lot is apre-existing non-conforming lot with 4,224± square feet of
area and an existing ground cover ratio of 41±%. The Zoning By-law provides
that for lots of less than 5,000 square feet a ground cover ratio of 30% is
permitted as of right, with up to a 50% ground cover ratio permitted by Special
Permit from the Zoning Board of Appeals. The proposed project will increase
the ground cover by approximately 40 square feet for a resulting ground cover
ratio of 42+%. The fence along the rear property line will be replaced with a
retaining wall and fence as shown on the submitted plans to alleviate the
Applicant's concerns regarding erosion from the Congregational Church
property to the southeast of the Premises.
2
6. The Board finds that the demolition of the rear portion of the
dwelling which is partially within the side and rear yard setbacks, and the
construction of a new wing to replace the demolished. portion of the structure,
which new construction, while not fully compliant with the current setback
requirements, reduces the setback non-conformities, will not be substantially
more detrimental to the neighborhood than the existing non-conformities. The
potential increase in the height of a portion of the structure would be an
intensification of the set back intrusion, but since overall the set back non-
conformities are decreased, will not be substantially more detrimental to the
neighborhood than the existing structure. Further, the Board finds that the
approximately 42% resulting ground cover ratio as a result of the proposed
project will also not be substantially more detrimental to the neighborhood than
the existing non-conformities.
7. The Board of Appeals voted unanimously to GRANT the requested
SPECIAL PERMIT under Section 139-33A and Section 139-33E(2)(a) to allow the
proposed project to proceed substantially in accordance with the site plan dated
December 7,1999 prepared for Connie Bischof by Nantucket Surveyors, Inc., a
copy of which is attached hereto as Exhibit A.
Dated: (np~-~ Z31 °~ ~b
William Hourihan
RECEIVED
TOWN CLERK'S OFFICE
NANTUCKET, MA 02554
LIAR 2 3 2000
TIME: 3. ~U
~,s~ _
CLERK: -~ ~
Edward M rphy
o'
Mi e J.O'Mar~,
3
D. Neil Parent
ct~ ~T ~
C L1~ h~`'~T \
o•~k.w. -- ------~-
'~~~:
I~ ~-1~spicr_--cF~ r~1~.~..,r-~~•nc~Frs ~• C~a•laaw,~
'Tv Gva-a=-r-,.t-r 7~-u.-~v Ezr~~~a.~.ne.-rry.
Lti. (~~. 23'7~7-~ T~•T~ Lid-('f. 1°)~il
CURRENT ZONING MAP: GZC~t~
MINIMUM LOT SIZE: 5c~oo 5.~.
MINIMUM FRONTAGE: ~~r
FRONTYARD SETBACK:1~_.
SIDE AND REAR SETBACK: 5 rti-• .
ALLOWABLE G.C.R.: 50~, ( goy, r-,R-t.~•, u~~- .~' ~•K)
EXISTING G.C.R.: ~ ~ /~ t ,' ~~~}D+~,,F) ~pgp CvG.R. 11~~ 5P•
PROPERTY LINES SHOWN ARE TAKEN FROM RECORDED
DEED AND PLAN REFERED TO HEREON. BUILDINGS, MONUMENTS,
ETC. ARE PLOTTED FROM FIELD MEASUREMENTS.
SITE PLAN
IN
NANTUCKET, MASSACHUSETTS .
SCALE: ~"=~0' DATE: ~~ 7, I~qq
DEED REFERENCE:L~ ~.R-7 '~~0~7
PLAN REFERENCE:1-~- p`-• ~-'11-5 •A
ASSESSOR'S MAP4~9.3PCL.lo~-
PREPAREO FOR:
GotitNZ1= ~7s~k{off
NANTUCKET SURVEYORS INC.
5 WINDY WAY
NANTUCKET, MA. 02554.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
A Public Hearing of the Nantucket Board of Appeals will be held at 1:00 P.M., FRIDAY,
MARCH 10, 2000, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket,
Massachusetts, on the Application of
E. CONSTANCE BISCHOF
BOARD OF APPEALS FILE NO. (022-00)
Applicant is seeking relief by SPECIAL PERMIT under Nantucket.Zoning Bylaw Section 139-
33A and 139-33E(2xa) (alteration/expansion of apre-existing nonconforming structure/use). Applicant
proposes to demolish and reconstruct the rear portion of the said to be pre-existing single-family
dwelling. The rear portion of the structure is currently sited at about 3.7 feet at its closest point from the
northeasterly side yard lot line and about 0.6 feet at its closest point from the rear yard lot line in a
district that requires a minim side and rear yard setback of five (S) feet. The new addition would meet
the 5-foot rear yard setback requirement and would be sited at four (4) feet at its closest point from the
northeasterly side yard lot line, lessening the nonconforming nature of the addition. The new addition
would also be extended in an upward manner without coming any closer to the lot lines than described
above. The existing northeasterly side yard setback distances of the main portion of the structure will not
be changed as part of the proposed work under this Application. Applicant is also seeking relief to
increase the ground cover ratio from about 41% to about 42%, about 40 square feet that would result
from the proposed work in a district that allows a maximwn ground cover ratio for subminimum lots of
30% without relief from this Board. To the extent necessary, Applicant is also seeking relief by
VARIANCE under Section 139-16A to complete the project as proposed. The Locus is nonconforming
as to lot size with the Lot containing about 4,224 square feet of area in a district that requires a miniurum
lot size of 5,000 square feet; and as to side and rear setbacks, in addition to those described above, with
a garage structure being sited at about 3.7 feet at its closest point from the rear yard lot line and at about
3.7 feet at its closest point from the northwesterly side yard lot line.
The Premises is located at 31 LILY STREET, Assessor's Map 42.4.3, Parcel 104, Land Court
Plan 23275-A. The property is zoned Residential Old ~o ' _
William P. Houriha~n, Jr., Chairman
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE
FORMATS. PLEASE CALL THE OFFICE AT (508) 228-7215 FOR FURTHER
ASSISTANCE.
Bc;A Form 1-89 NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING Date
NANTUCKET, MA 02554 ~Z (n )
Case No.~-_
APPLICATION FOR RELIEF
Owner's name(s): E. Constance Bischof
Mailing address: 29 Brinker Road Barrington IL 60010
Applicant's Name: Same
Mailing Address: same
Lot Location: Assessor's map and parcel number 42.4.3 - 104
Street Address: 31 Lilv Street
Registry LCPL: Land Court Plan 23275-A
Date lot acquired: 4/15/53 Cert. 3507
Zoning district ROH
Uses on lot - commercial: None x or
MCD?
- number of: dwellings 1 duplex- apartments rental rooms-
Building date(s): all pre-8/72? yes C of O?
Bldg. Permit apps. Nos. 10892-94 (shingle permit)
State fully all zoning relief sought and respective Code sections
and subsections, specifically what you propose compared to present
and what grounds you urge for BoA to make each finding per Section
139-32A if Variance, 139-30A X if a Special Permit (and 139-33A
X if to alter or extend a nonconforming use). If appeal per 139-31A
& B _, attach decision or orders appealed. OK to attach addendum2.
See Addendum A attached.
Items enclosed as part of this Application: order _ addendum x
W
Locus map x Site plan x showing present x +planned x structures ~
Floor plans present- proposed- elevations x (HDC approved no ) ~ O
Listings lot area x frontage x setbacks x GCR x parking data x
Assessor-certified addressee list 4 sets x mailing labels 2 sets x ~ ~ o
$200 fee payable to Town of Nantucket x proof'_'cap' covenant- Q
W ~
~ o
'(If an appeal, ask Town Clerk to send Bldg Comr's record to BoA.) _~ ~
- cv
W ~ F u~ )
I certify that the requested information submitted is substantially ~} J Y
W ~
complete and true to the best of my knowledge, under the pains and U U Ct"?..
penalties of perjury. ~ ~ ~ ~-'-~
stance Bi chof ~c =~
i~
r~< <: I , Y
SIGNATURE: By• ~/~ Attorney/Agent X ~- ;7• ~j ~--~
w
By her Attorney, Melissa D. Philbrick _
_~
'(If not owner or owner's attorney, enclose proof of authority) - ~%
FOR /BoA OFFICE USE ~~~~ ~
Application copies rec' d: 4 V or_ for ~~B\\oA on ~/ /~ by ~'~I'"-r// /
One copy filed with Town Clerk on~C~by ~/j~ complete? v
One copy each to Planning Bd and Building Dept~!/~ _ y ~c~~"L
$200 fee check given~Town Treasurer on~iJ~~y waived?
Hearing notice postedCi%Z~'wmailed~/~~~~I&ML/2~/`-~! ~/ ~~
Hearing (s) on_/_/_ cont' d to_/_/_, _/_/_ withdrawn?_/_/_
Decision due by_/_/_ made-/_/_ filed TC_/_/_ mailed-/_/_
See related cases lawsuits other
Addendum A
Application of Connie Bischof
The applicant seeks to demolish and reconstruct the rear portion of the
pre-existing non-conforming dwelling as shown on the attached plans. The
existing structure is 1.3 feet at its closest point from the northerly side property
line and 0.6 feet from the rear property line. As reconstructed, the structure will
comply with the rear yard setback and will be no closer than 4 feet from the
northerly property line. That portion of the project within the side yard setback
may be slightly higher than the existing structure within the setback. The lot is a
pre-existing non-conforming lot with 4,224± square feet of area and an existing
ground cover ratio of 41±%. The proposed project will increase the ground cover
by approximately 40 square feet for a resulting ground cover ratio of 42±%. The
fence along the rear property line will be replaced with a retaining wall and fence
as shown on the submitted plans to alleviate concerns regarding erosion from the
Congregational Church parking area.
The applicant requests that a Special Permit under Section 139-33A and
139-33E(2)(a) be granted to permit the proposed reconstruction of the rear
portion of the dwelling within the side yard setback with a slight increase in the
ground cover ratio. Overall the proposed project will reduce the building's
nonconformity with the Zoning By-law's side and rear setback requirements and
will not be substantially more detrimental to the neighborhood than the existing
non-conformities.
.
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CURRENT ZONING MAP: ~C~~-~
MINIMUM LOT SIZE: 5voc~ ~,,~,
MINIMUM FRONTAGE: ~~--
FRONTYARD SETBACK: t~oti1~
SIDE AND REAR SETBACK: S ~--,-,
ALLOWABLE G.C.R.: 5c~/o (;~ 1~, r-'tea.-Ln;S Uw~eK- ,~v S.K~
EXISTING G.C.R.: ~ l °'~° -~ ,' 1'l~D+`1,F~ ~,o,,e•~ ~„L.R-.
PROPERTY LINES SHOWN ARE TAKEN FROM RECORDED
DEED AND PLAN REFERED TO HEREON. BUILDINGS, MONUMENTS,
ETC. ARE PLOTTED FROM FIELD MEASUREMENTS.
N.B. l~l~i ~'-v
SITE PLAN
IN
NANTUCKET, MASSACHUSETTS
SCALE: ~ ``= ~ O ~ DATE: +~. ?, 179q
DEED REFERENCE:L~ ~a-T ~~d~
PLAN REFERENCE: t~ p~• 2"'~2-15 •A
ASSESSOR'S MAP 42•x•3 PCL. lo~f-
PREPARED FOR:
~~1.1~1L~ 1~j=~~-(off
t 7 ~ ~ 51j.,
NANTUCKET SURVEYORS INC.
5 WINDY WAY
NANTUCKET, MA. 02554
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BOA FORM 289
NANTUCKET ZONING BOARD OF APPEALS .
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
ASSESSOR'S LIST OF PARTIES IN INTEREST
PROPERTY OWNER : `~' ^-5T i~~ ~1 Sl/K ~
APPLICANT FOR RELIEF (SAME? ~:
ADDRESS OF PROPERTY : .3 ~ ~" ~/ ~~~ *
ASSESSOR' S MAP/PARCEL : ~°Z ~3 - l ~T *
LIST OF PARTIES INCLUDING ADDRESSES
*(OR SEE ATTACHED ):
RECEIVED
BOARD OF ASSESSORS
AUG 1 0 1999
TOWN OF
NANTUCKET, MA
I certify that the foregoing (or the attached ) lists all persons,
natural or legal, 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 land owners within three hundred feet of the
property .line of Owner's property, as they (and their address) appear on
the most recent applicable tax list [per M.G.L. c. 40A, §11 and Zoning Code
Chapter 139, §139-29D(2)] nn
~~o~a r~~r
Date Assessor's Office
Town of Nantucket
*NOTE: Applicant (Petitioner). should include with the lot for which zoning
relief is sought, any commonly-owned abutting lots which might become
involved in the zoning matter. List map and parcels for each abutter.
Submitted by: Melissa D Philbrick Attorney
Date: 8-~0 -49
Client: ~s ~ -
Forms/BOA
08/17j99 TOWN OF NANTUCKET PAGE 1
11:45:39 OWNER'S MAILING ADDRESS LIST MUAS750 9.2
Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip P roperty Location
4243 0103 GILLESPIE LEE D PO BOX 1637 0035 LILY ST. ,,,
FIS-RI/MO/M918 PROVIDENCE RI 02901-1637
4243 0075 FIRST CONGREGATIONAL CHURCH BOX 866 0062 CENTER ST
NANTUCKET MA 02554
4243 0108 WERNER MARIE ANNE 4 CHURCH COURT 0004 CHURCH CT
NANTUCKET MA 02554
4243 0105 CHASE HAZEL L 0029 LILY ST 0029 LILY ST
NANTUCKET MA 02554
4243 0106 *DAMMIN ANITA JUNE COFFIN & 27 LILY ST 0027 LILY ST
CAMP ABIGAIL NANTUCKET MA 02554
4243 0107 *PERELMAN PHYLLIS F & A STEVEN 3040 LAKESHORE DR PH f{1 0025 LILY ST
RIVIERA BEACH FL
4243 0116 HANAN C ADDISON & RENEE M ETAL 18283 DAYBREAK DR 0023 LILY ST
BOLA RATON FL 33496-1951
4243 0089 *SCHREIBER PATRICIA HARRINGTON PO BOX 3087 0021 LILY ST
NANTUCKET MA 02584
4243 0088 STEVENS PHILIP CROCKER ETAL 0200 SIGNAL HILL RD 0015 ACADEMY LN
WILTON CT 06897
4243 0112 SALISBURY ROBERT & GERALDINE 6984 12TH TERRACE NORTH 0013 ACADEMY LN
CO-TRUSTEES - THE RSS TRUST ST PETERSBURG FL 33710
4243 01121 ROGGEVEEN DIONIS MARIJKE 6334 3RD AVE. 0011 ACADEMY LN
KENOSHA WI 53143
4243 01122 ROGGEVEEN DIRK GARDINER P.O. BOX 1827 0009 ACADEMY LN
_ NANTUCKET MA 02554
4243 0111 SMITH JANET.R & ALTREUTER JOAN 0005 ACADEMY LN 0005 ACADEMY LN
NANTUCKET MA 02554
4243 0110 BITTNER E VIRGINIA ETAL 648 S REEVE RD 0003 ACADEMY LN
DATAW ISLAND SC 29920
4243 0109 FUNSCH ROBERT E & BARBARA A 7221 GREENWAY AVE 0002 CHURCH CT
ST LOUIS MO 63130
4243 0076 BOND RICHARD & SUSANNAH 0060 PEPPER LN 0060 CENTER ST
NEW CANAAN CT 06840
4243 0077 RUFFNER PETER E & CYNTHIA B PO BOX 568 0058 CENTER ST
NANTUCKET MA.02554
_.4 YH•THIA-fl ~.- --PO-BOX-568-- -0058" CENTER~T-
--NANTi1CKEI MA-02554
4243 0074 FIRST CONGREGATIONAL CHURCH BOX 866 - 0064 CENTER ST
NANTUCKET MA 02554
4243 0073 BALAS CHARLES L & ANN G PO BOX 387 0066 CENTER ST
NANTUCKET MA 02554
4243 0102 WIGHT EDWARD-.I & RANDALL C 5708 GREENLEAF RD - 0068 CENTER ST
- BALTIMORE MD 21210
4243
0101 _
MCAULEY THOMAS F TR R ST
0070 CENTE 0070 CENTER ST
MCAULEY NOMINEE TRUST NANTUCKET MA 02554
4243 0100 MCAULEY THOMAS F TR 0070 CENTER ST 0072 CENTER ST,
MCAULEY NOMINEE TRUST NANTUCKET MA 02554
4243 0098 HEAP FREDERIC F & SHEILA A PO BOX 262 0078 CENTER ST
NANTUCKET MA 02554
4243 0063 SIGNET HOLDINGS LLC 45 SPARKS AVE- 0080 CENTER ST
NANTUCKET MA 02554
4243 0096 LOWY THOMAS P & BETH 0300 CENTRAL PARK W 0040 LILY ST--
NEW YORK NY, 10024
08/17/99 TOWN OF NANTUCKET
11.45:39 OWNER'S MAILING ADDRESS LIST
Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Pr operty Locat ion
4243 0040 LAWRENCE JOANNE T 32 LILY STREET 0032 LILY ST
NANTUCKET MA 02554
4243 0092 TOWNSEND VIRGINIA & JAMES TRST 2193 EAST AVE 0028 LILY ST
C/0 TOWNSEND ROCHESTER NY 14610
4243 0091 BENNETT DOUGLAS ETAL 22 LILY ST 0022 LILY ST
NANTUCKET MA 02554
4243 0093 PACK FAMILY PROPERTIES LLC 224 JOPPA HILL RD 0036 LILY ST
C/0 TOWNSEND BEDFORD NH 03110
4243 0094 PACK FAMILY PROPERTIES LLC 224 JOPPA HILL RD 0366 LILY ST
C/0 TOWNSEND BEDFORD NH 03110
4243 0095 HARTWELL FREDERICK C LIFE EST 580 INTERVALE CROSS RD 0008 GULL ISLAND LN
KEARSARGE NH 03847-0052
4243 0061 CAVANDER SASHA PO BOX 17 0006 GULL ISLAND LN
NANTUCKET MA 02554
4243 0062 PETUMENOS DOROTHY M LIFE EST PO BOX 193 0082 CENTER ST
NANTUCKET MA 02554
4243 0060 MURKLAND JANE M ETAL TRUSTEES 0229 WEST LYON FARM DR 0007 GULL ISLAND LN
GREENWICH CT 06831-4355
4243 0064 WASIL DEBORAH A TRUSTEE 61 CENTER ST 0008 CHESTER ST
NANTUCKET MA 02554-3666
4243 0067 TRAYNOR COLEEN TRUSTEE 61 CENTER STREET .. 0061 CENTER ST _
NANTUCKET MA 02554
4243 0068 LONG.MILDRED W ETAL 549 HIGH ST 0059 CENTER ST
C/0 CAROL A WESTFALL WOODBURY NJ 08096
4243 0070 *VALLETT CHRISTOPHER J ETAL 14 SASAPP.NA ROAD 0057 CENTER ST
NANTUCKET MA 02554
4243 0072 & SANDRA S
LYNCH JOHN G 0500 E BALDWIN ST 0055 CENTER ST
_ HACKETTSTOWN NJ 07840
4243 0025 VANWAVEREN JEAN M PO BOX .1890 0053 CENTER ST
C/0 BANK OF BOSTON BOSTON MA 02105
PO BOX 559 051B CENTER ST
4243 0026 BAYBUT JOHN A _
NEW CASTLE NH 03854
4243 0027 ROE K_KEITH & ELIZABETH E 0005 WYCKAM HILL IN 0051 CENTER ST .
GREENWICH CT 06831-
4243 0039 MORTENSON W-CHRISTOPHER 0047 ,HIGHLAND AVE 0012 WESTMINSTER ST
MORTENSON WINIFRED M PEAPACK NJ 07977 ;
4243 0084 OWEN ALICE H AKA LISSA - 6038 STONEY HILL RD 0008 ACADEMY.LN
NEW HOPE PA 18938
4243 0086 LEDDY ANDREW J JR TR - -- 1100 N-MARKET ST - 0010 ACADEMY LN. ..;
C/0 RODNEY SQUARE NORTH WILMINGTON DE 19890 - -
4243 0087 NICKERSON GILBERT S PO BOX 3270 0012 ACADEMY LN
C/0 JOHNSON GAIL N NANTUCKET MA 02584
~ .. :., _
NUMBER OF RECORDS = ~+~' ~ ~ '~ b ~ ~~
yay3 Go q~/:_ Kli rni,1T~, a~U£',~CY m. ~714L -71~~75
i3~vrizl.y yn ~lTrn ~TTCJ ~~voc T2
GI $ ~ ST-
~Au~s, cq ~5 6 16 - a I a8
PAGE 2
MUAS750 9.2
08/17/99 TOWN OF NANTUCKET
13.27:58 OWNER'S MAILING ADDRESS LIST
Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip
4243 00991 KITMITTO BEVERLY M ETAL TRUTS 1018 J ST
BEVERLY M KITMITTO REVOC TR DAMS CA 95616-2128
4243 00992 VALLETT MELINDA S TRUSTEE 14 SESAPANA ROAD
LILY PAD NOMINEE TRUST NANTUCKET MA 02554
4243 00993 KNIGHT R W & CAROL Z BOX 432
HALIFAX PA 17032
4243 00994 WALLACE WENDY L 10 MITCHELL PLACE
NEW YORK NY 10017
4243 00995 WASSERMAN ANN MARCIA PO BOX 456
NANTUCKET MA 02554
4243 00996 BURNS JOHN M & USHA N 27 LAKEVIEW AVE
NEW CANAAN CT 06840
Property Location
0074 CENTER ST
0768 CENTER ST
0748 CENTER ST
076C CENTER ST
074R CENTER ST
076A CENTER ST
PAGE 1
MUAS750 9.2
NUMBER OF RECORDS = 6