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HomeMy WebLinkAbout043-00TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date : August ~S 20 00 Application No.: Owner/Applicant: To: Parties Decision of following: in Interest and. Others concerned with the the BOARD OF APPEALS in the Application of the 043-00 SUSAN D. WHITE 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. ~J Michae J. 'Mara, Ghai~rman 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);-§139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 Assessor's Map 60.2.1 Parcel 1 R-2 14 "D" Street L.C. Plan 3092-T, Lot 87A including Parcel 18 L.C. Plan 3092-R, Lot 104 Cert. of Title 18,283 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, June 9, 2000, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of SUSAN D. WHITE, of 12 Blanchard Road, Nantucket, MA 02554, Board of Appeals File No. 043-00, the Board made the following Decision: 1. Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw §139-33A (alteration/expansion of a pre-existing nonconforming use/structure). Applicant proposes to expand an existing about 104 square-foot "bunk house" structure by constructing an addition of about 316 square feet for a total ground cover of the new bunk house to be about 420 square feet. The addition would expand the one (1) small bedroom and add a bathroom without coming any closer to the southwesterly side yard lot line than the existing structure, and would be sited at about eight (8) feet from that lot line. The Locus is nonconforming as to lot size with the Lot containing about 14,668 square feet of area in a district that requires a minimum lot size of 20,000 square feet; as to side yard setback with the single-family dwelling being sited at about 3.4 feet at its closest point from the westerly side yard lot line and with the bunk house being sited at about 2.67 feet at its closest point from the southwesterly side yard lot line in a district that requires a minimum side yard setback of ten (10) feet. The Premises is located at 14 "D" STREET, MADAKET, Assessor's Map 60.2.1, Parcel 1, Land Court Plan 3092-T, Lot 87A, including Parcel 18, and Land Court Plan 3092-R, Lot 104. The property is zoned Residential-2. 2. The Decision is based upon the Application and material submitted with it and the testimony and evidence presented at the hearing. The Planning Board made no recommendation as the matter was not of planning concern. There was one (1) letter on file from a predecessor-in-title (Applicant's mother) of,the subject property which stated that she had bought the property in May of 1975. At that time, there was a principal single-family dwelling and a "small cottage...had electricity but no plumbing" which they "continued to use...as a bedroom for guests and grandchildren". There was no opposition expressed at the hearing. 3. Applicant represented that she has continued to use the bunk house consistently as a bedroom for overflow guests since the time the title passed to her. Applicant further represented that through discussions with a previous owner of the property, it was learned that the bunk house was constructed in 1968 for use as an extra bedroom for guests at a point about 2.67 feet from the southwesterly side. yard lot line, during a time that ,pre-dated the enactment of the Zoning Bylaw, thus the structure is validly grandfathered as to use and location. Applicant proposes to construct an addition onto the bunk house that would be no closer to the southwesterly side yard lot line that the existing structure, but begin at a point that is about eight (8) feet from the southwesterly side yard lot line and would extend in a northeasterly direction away from that lot line. As part of the renovation, a new foundation would be constructed under the existing portion of the bunk house, thus raising the roof ridge height within the setback area, while keeping that part of the structure intact. The structure would continue to contain one (1) bedroom, but a bathroom and siting area would be added, with no kitchen facilities. Though Applicant is arguably allowed to have a secondary dwelling on the Premises, which would require placement of a kitchen facilities, she prefers to leave it as a guest bedroom only. 4. The Board expressed concern about the placement of the bunk house, especially in light of the fact that the structure would have to be raised up to put the foundation under it. The issue was raised as to what would prohibit the structure from being moved entirely out of the required ten-foot side yard setback area to allow the existing bunk house and addition to meet the requirements. Applicant agreed to move the bunkhouse outside of the setback area to a point northeasterly of the current location. 5. Therefore, the Board finds that the construction of the addition onto the pre-existing nonconforming bunk house would not be substantially more detrimental to the neighborhood than the existing nonconforming structure, provided that the structure be moved entirely outside of the required ten-foot side yard setback area. There would be a benefit to the neighborhood in that the structure would then meet the setback requirements and provide more separation between the subject structure from the structure located on the lot immediately adjacent to it to the east. 6. Accordingly, upon a UNANIMOUS VOTE, the Board GRANTS the requested SPECIAL PERMIT under Nantucket Zoning Bylaw §139-33A to allow the expansion of a bunk house structure from about 104 square feet to a total of about 420 square feet upon the following condition: - The bunk house shall meet all setback requirements, i.e., be moved entirely outside of the southeasterly required ten-foot side yard setback area. (043-00) Dated: August ~ ~, 2000 RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 AUG 2 5 2000 TIME:___,y3~30 ~M CLE K: William Hourihan, Jr. ~J Michae J O'Mara r D. Ne Par nt ~ Nancy 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 Zoning Board of Appeals will be held at 1:00 P.M., FRIDAY, JUNE 9, 2000, in the CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 WASHINGTON STREET, Nantucket, Massachusetts, on the Application of the following: SUSAN D. WHITE BOARD OF APPEALS FILE N0. 043-00 Applicant is seeking relief by SPECIAL PERMIT under. Nantucket Zoning Bylaw §139-33A (alteration/expansion of a pre-existing nonconforming structure/use). Applicant proposes to expand an existing about 104 square-foot "bunk house" structure by constructing an addition of-about 316 square feet for a total ground cover of the new bunk house of about 420 square feet. The addition would expand the one (1) small bedroom and add a bathroom without coming any closer to the soutwesterly side yard lot line than the existing structure, and would be sited at about eight (8) feet from that lot line. The Locus is nonconforming as to lot size with the Lot containing about 14,668 square feet of area in a district that requires a minimum lot size of 20,000 square feet; as to side yard setback with the single-family dwelling being sited at about 3.4 feet at its closest point from the westerly side yard lot line and with the bunk house being sited at about 2.67 feet at its closest point from the southwesterly side yard lot line in a district that requires a minimum side yard setback of ten (10) feet. The Premises is located at 14 "D" STREET, MADAKET, Assessor's Map 60.2.1, Parcel 1, Land Court Plan 3092-T, Lot 87A, including Parcel 18, Lot 104 on Land Court Plan 3092-R. The property is zoned Residential-2. I William P. Hou a , Jr., Chair THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE PLEASE CALL (508) 228-7215. Y~. i~ ~J. :~-;~•Y~SoA Form 1-89 i. ~ ,. NANTUCKET ZONING BOARD 08 APPEALS TOWN AND COUNTY BU2LD2Na D-~ NAN'T'UCKET, MA 02554 CASE No.(~,~- ;. APPLICATION FOR RELIEF ~•. owner' s name (s) : ~CU~f1(~, ~ • (~ ~ ~~'P . _ ~''~~ Mailing address: _,~ ~ ~ `r~ h 1~c1.vY~ ~Gt~ /JCtn~"L.~~Q~ s 4 } ~'' Applicant's name: C~T~trrv~2~ • Mailing address: .. ~ S:e~,~nTz.~ _ _ Location of lot: Asse:3sor'~ map and parcel number f~.a,.l - Street address: ~~ ~~ ~~~ S~-?"2et'" V~IaCQ~xk~l" Registry Land •Ct 'P an, ~l~n Bk &~-P~,g~or Pian File O Z'~ ~,ot ~7 ~ , Date lot acqu a ,_,/,_/_ Aeed`'I~ei _,_ Zoninc gad strict ~~~ r 3d9~-R Uses on lot - .commercial:' None ~, or MCD?_ - number of: dwellings, duplex- apartments- rental rooms~t4iJn~.lS~pt~, Building date(s): all pre-8/723 / or C of o?_ Huilding Permit appl'n. Nos. Case Nos. all 8oA applications, lawsuits: State fullyy all fonin 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 findingg per Section 139-32A if Variance, 139-ZOA if a Special Permit (and 139-33A ~Bif to alter or extend a nar,con~'orming use). If ap eel per 139-3]~A _ , attach decision or ord¢e~r appealed OK to a~tach addendum ~~,u~rvnlehame ~~ ~~~ s~~ ' a ~~~ ya°f sf, ~ ~'`~ /~ ~`fn2__ G Sa s ct Y'• d- f~.7 ~ f~2a~ q~ c~ ~ (~-~ (~¢,~ ~ ~-Q.u1 ~~G ~~`/12 Lf1r.L~ P.1/J~dQ.~`ha. ~ C [~ ~j'~'rl c~r~ aa~CC, ~~ ~ ~ o~Q~:.~I o'YL Gvr~ w~ Items enclosed as part of this Application: orderl addendum2 ~ o .Locus map,,,- site plan showing present +planned structures Floor plans present proposed- elsvat~s (IiDZ~ppproved?-). Listings lot area Frontage setbaakss G~ parking data ~ ~ Q Assessor-oertifisd addresseE• I~t 4 ssta_iaa~l~ labels 2 sets ~ ~ ~ 200 fee payable to Town o! Nantucket pproof cap' covenant - W oC ~ (If an appeal, ask Torn Clerk •to sen3~ldg Comr s record to BOAT Stu ~ ~ Y I certify that the requested information submitted is substantially ~ ~ U complete and true to the best of my knowledge, under the pains and Z ~ penalties of perjury. ~ Z SIGNAT~;I,R~: ~` ~ s~Applicant Attorney/agent ,~ ~Z 3(If not o e~ ~r owner's attorney, enclose proof of authority) • FOR Sq~ OFFICE USE _~~~-LL Application copies Tee d: 4_ or_ for 8oA on~~ by one copy filed with Town Clerk on ~~ by comple~cr~ • One copy each to Planning 8d and Building Dopt~ ~ byl%~C~.r ~ $200 fes check given Town Treasurer one ,_ by aived? Hearing notice posted„~~~ mailed,, _ I & M~„JZ _, ,~Q/,~~ Hearing (s) on-__/,_,_/,_ aont' ~3 to,_/_/,_, ~~_, withdrawn?,_/~_ Decision due by_,/,_/_, made~~_ filed TC~,J_ mailed_/~_ See relatisd c~~$~ lawsuits other 0 0 0 N ~' ~M • iii ~~ !_ ~~ o~ NOTES LOT & DWELLINGS PREDATE ZONING i~.~ ZONING MINIMUM LOT SIZE: MINIMUM FRONTAGE FRONT YARD SETBACK: REAR & SIDE SETBACK. GROUND COVER RATIO; THE STRUCTURES ARE LOCATED AS SHOWN ~r~ ~" ..~--'Z Y JO J, S 1GRUE PLS DA E_ __ MARCH 31, 2000 ASSESSORS MAP PLOT PLAN ^F LAND IN NANTUCKET, MA SCALE: 1'= 40' DATES MARCH 31, 2000 JOHN J, SHUGRUE, INC. 57 OLD SOUTH ROAD NANTUCKET, MA 02554 FORS SUSAN D, WHITE 60,2.1 PARCEL NO. 1 R-2 20,000 S.F. 75 FT 30 FT 10 FT 12.5% C #5406ABS HITHER CREEK ,~.~~y~~',~f, lkS ~ ; y~ ~: ~ ~,,ti. ~' k :. -~.~ l~ G ~ ~ ='~; '~ ~ ~~~ '.~;~~~' -,~~ 3....~ t j .~c _ ~,~ ~:;i, r a~'~ 9t 1 J ,. 8 0 ~~ •/~ ~ ~.Y __ __ r lr.. l~ ~' JI!•~~1~~-. H f" ~ -- - r _; r~ '~ ~- ~ '-- - ~ ~ - -}-i ~_ - _. _ '~_i ~ i ='L _ / ~ y .~ 1~ 'z. ~' s: "~f ,. _/~.'. ,:;~` <;•s: a, .--- ,'' "t-. K~v s ~ w~~ ~v~{~r ~~~ ,, x z WHITE RENOVATION, MADAKET Scale: 1~4" = 1'-0" NORTH ELEVATION Lindsay White, AIA Architecture, Program Management, Space Master Planning ,- ~ , ~~ I t2 Blanchard Road Cambridge, NA 02138 (8I7) 491-5700 WHITE RENOVATION, MADAKET Stale: I/4" = I'-0" SOUTH ELEVATION Lindsay White, AIA Architecture, Program Management, Space Master Planning i ~ ,~, ~ I l2 Blanchard Road Cambridge. MA 02108 (6l7) 491-5700 WHITE RENOVATION, MADAKET Scale: I/4" = I'-0" EAST E LEVATI 0 N Lindsay White, AIA Architecture, Program Management, Space Master Planning -, , I \ l2 Blanchard P.oad Cambridge, MA 0208 (617) 491-5700 n z ~, WHITE RENOVATION, MADAKET Stale: 1/4" = 1'-0" WEST ELEVATION Lindsay White, AIA Architecture, Program Management, Space Master Planning ~I~ " I \ 12 Blanchard Road Cambridge, MA 02108 (617) 491-5700 SUSAN SMITH WHITE 12 BL,ANCHARD ROAD, CAMBRIDGE, MA 02138 • TEL: 617/491/7289 • FAX: 617/491/3473 January 4, 2000 To whom it may concern: I authorize Valerie Norton to act as my agent in all matters concerning my property at 14 D Street, Madaket, Nantucket in the applications to the Zoning Board of Appeals. Yours truly, ~~ ~ ~~~ Susan Smith White ~~~ccc ~ ~~ ,: • eo REC t ~. . ARC OFgs/SFD . AP.R U ESSORS 4 ?~40 TOWN. OF NANTUCKET q rO~/N ~F ZONING BOARD OF APPEALS • •N NTUCKET Mq LIST OF PARTIES IN INTEREST M THE MATTER OF THE PETITION OF PROPERTY OWNER:..,~?.~.~~...~?H1T~' .................................... t~1AJLING ADDRESS:..~~....~...~.,~.~.....1.~.~.~' ....................................... PROPERTY LOCATION:..........~~..~,...~'['IZ~' .................. ...... ASSESSORS MAP/PARCEL:.....<a.Q....~......I..,. ~'...L .................................... SUBMITTED BY:...v!°.t.~cl:~...~.~.~-:~.~~......:~. ~7~$,.-`t`~S~] SEE ATTACHED PAGES I ceniFj that the foregoing is a list of persons who are owners of abutting propcrry, o~rners of I?~:` d~rrctl~ opposite on any public or private street or way; and abutters of the abuncrs and all ocher land o~~ncrs ~~~ithin three hundred feet of the property lint of owner's property, all as thc~~ appear on the most recent applicable tai list, (M,G.L, c. 90A, Section 1 I Zoning Code Chapter 139. Section 139.29D (2) ), ~oa~tao ~/~ ~~~.a.......,. DATE ASSESSOR'S OFFICE TOWN OF NANTUCKET ~' oa/o6/o0 11:42:1C TOWN OF NANTUCKET OWNER'S MAILING ADDRESS LIST Map Block Lot Owner's/CO-Owner's Name Mailing Address/City State Zip Property Location 6021 0004 *ARNOLD LLOYD W & BERTHA PO BOX 895 0011 E ST NANTUCKET MA 02554 6021 0002 BARTLETT FRANKLIN ETAL TRS PO BOX 777 NANTUCKET MA 02554 6021 0019 MELLOR GORDON A & LINDA D 11726 FOREST HILLS DR TAMPA FL 33612-5126 6021 0021 POSTER JORD W 186 FIELD POINT ROAD GREENWICH CT 06830 6021 0017 BARTLETT FRANKLIN ETAL TRS PO BOX 777 NANTUCKET MA 02554 6021 0016 MERRITHEW PAUL B 0019 OAK HILL DR AMHERST NH 03031 6021 0015 CHALKE PETER E & MARY E 0118 GRANDVIEW AVE AUBURN ME 04210 6021 0014 BROOKS FRANK P & ALITA 0018 WASHINGTON AVE NANTUCKET MA 02554 6021 0013 CHANDLER BETH D TRUSTEE 103 MORGAN ROAD CANTON CT 06019 6021 00071 JETTE ROGER J & JACQUELYN C TR 0001 CHAPEL WAY GRIEDER FAMILY TRUST NANTUCKET MA 02554 6021 00072 GRIEDER RUTH E 4 CHAPEL WAY NANTUCKET MA 02554 6021 0006 *SCHMID ALEXANDER 0515 SOUTH MAIN LEXINGTON VA 24450 6021 0027 MELLGR GORDON A & LINDA D 11726 FOREST HILLS DR 'TAMPA FL 33612-5126 6021 0028 MF.I~f,OR GORDON A & LINDA D 11726 FOREST HILLS DR TAMPA FL 33612 6021 0025 CONSTABLE WILLIAM HOWE PO BOX 1175 NANTUCKET MA 02554 6021 0022 WEINMAN RHODA H TRUSTEE BOX 1365 6 C STREET REALTY TRUST NANTUCKET MA 02554 6021 0024 FELDBERG ELAINE Z 0623 BOSTIC HILL CT MARIETTA GA 30067 6021 0023 *MACKAY WRAY E & FRANCES M TRS 10 WASHINGTON AVE - MADAKET TEN WASHINGTON AVE NOMINEE TR NANTUCKET MA 02554 6021 0076 RAY ROBERT M 1007 HILLTOP DR PALESTINE TX 75801 6024 0089 FREEMAN JOSEPH S 346 LEE ST ~-~ ~n C• nla ~C ~~~ 1- BROOKLINE MA 02445 6024 0093 RAY BONNIE R 10 C ST NANTUCKET MA 02554 6024 0084 WHELDEN STANLEY T & DOROTHY F 5512 HOLIDAY PARK BLVD TRS WHELDEN FAMILY TRUST NORTH PORT FL 34287 6024 0083 WATTS E RICHARD JR & MARY C 1810 RUXTON ROAD BALTIMORE MD 21204 6024 0086 HARRIS STIRLIN & BUR K MARIE H 3537 LOWRY RD I ) ~ ~~ /, ,, ~~ (/~ LOS ANGELES CA 90027 6 ~~ ~~ ~ . NUMBER OF RECORDS 2 / 1 ,(I,, / U U ~ ~l / I ' v ~ ~' ~J ~c2J~PS'~i n11 , Tx ~58n~ 0016 D ST 0010 D ST 0006 TENNESSEE AV 0011 D ST 0009 D ST 0007 D ST 0018 WASHINGTON AV 0020 WASHINGTON AV 0008 F ST 0010 F ST 0009 E ST 0008 D ST 0006 D ST 0005 C ST 0005 C ST 0012 WASHINGTON AV 0010 WASHINGTON AV 0013 C ST 0017. C ST 0010 C ST 0002 TENNESSEE AV 0001 TENNESSEE AV 0019 BALTIMORE ST PAGE 1 MUAS750 9.3