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
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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
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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 )
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(/~ 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