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Home My WebLink About049-00TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: August ~~ 20 00 To: Parties Decision of following: in Interest and. Others concerned with the the BOARD OF APPEALS in the Application of the Application No.: 049.-00 Owner/Applicant: LARRY B. WHELDEN AND ELIZABETH M. WHELDEN TRUSTEES OF LBW NOMINEE TRUST 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. V' Michael 'Mara, CYiairman 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. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 Assessor's Map 42.3.1 Parcel 41 R-C 3 Coffin Street Plan Book 15, Page 125, Lot 1 Deed Ref. 229/17 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., July 14, 2000, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of LARRY B. WHELDEN AND ELIZABETH M. WHELDEN, TRUSTEES OF LBW NOMINEE TRUST, of P.O. Box 454, Nantucket, MA 02554, Board of Appeals File No. 049-00, the Board made the following Decision: 1. Applicants are seeking relief by VARIANCE under Nantucket Zoning Bylaw §139-16A (Intensity Regulations). Applicants propose to demolish an existing nonconforming single-family dwelling and shed on an about 1,390 square-foot Lot and construct a new single-family dwelling, or to demolish the existing abut 57 square-foot shed and renovate the existing about 644 square-foot single-family dwelling by adding a second floor and using the additional ground cover allowance from the shed to result in a total ground cover calculation of about 701 square feet, without coming any closer to the lot lines than the existing structures. Applicants are slso seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw §139-18 to waive the one (1) required parking space. No parking space is provided now and none is planned as part of this project. Similar relief was granted in the Decision in BOA File No. 116-98, said relief considered to have arguably expired necessitating re-application to this Board for the same relief. The Locus is nonconforming as to lot size with the Lot containing about 1,390 square feet of area in a district that requires a minimum lot size of 5,000 square feet; as to ground cover with the Lot containing about 51/ of ground cover ratio in a district that allows a maximum ground dover ratio of 30/ for undersized lots; as to setbacks with the structure being sited at abut 1.8 feet at its closest point from the rear yard lot line, at abut 1.1 feet at its closest point from the southeasterly side yard lot line, and at about 2.6 feet at its closest point from the northwesterly side yard lot line; and with the shed being sited at about 1.1 feet at its closest point from the southeasterly side yard lot line, in a district that requires a minimum side and rear yard setback distance of five (5) feet; and as to parking. The Premises is located at 3 COFFIN STREET, Assessor's Map 42.3.1, Parcel 41, Plan Book 15, Page 125, Lot 1. The property is zoned Residential-Commercial. 2. The Decision is based upon the Application and materials submitted with it and the testimony and evidence presented at the hearing. The Planning Board recommended denial of the Variance relief requested as well as denial of the Special Permit relief requested to waive the one (1) parking space, stating that the Applicant should redesign the structure so as to accommodate a space on site. There were no letters on file and no opposition expressed at the hearing. 3. Applicants represented that the current request for relief is for the exact same project that they were allowed to do under the Variance and Special Permit relief granted in the Decision in BOA File No. 116-98. Said permits expired due to a delay in obtaining a Building Permit within the proscribed time limits due to personal circumstances. Applicants are asking that the Board grant them the same relief in said Decision and make the same findings that were previously made. Applicants propose to either demolish the existing single-family dwelling and shed and reconstruct a new single-family dwelling or renovate the existing structure by adding a second floor without coming any closer to the lot lines than the existing structure, also with demolition of the shed. Unlike the existing structure, the new dwelling would meet all applicable Building Code and Historic District Commission guidelines, and would improve the aesthetics of the neighborhood. > 4. Therefore, the Board finds that this Lot's extremely small size and the rundown condition of the existing dwelling have created a need for the Applicants to rebuild or significantly renovate the structure, and that without relief from the ground cover and setback requirements there would be an economic hardship for the Applicants given the size of the structure that would result. The site is uniquely situated at the residential edge of this commercial area and is suited for the affordable-type of housing proposed by the Applicants. The situation and facts presented do not generally affect the zoning district but rather are uniquely related to the shape and location of this Lot. The Board finds, based upon the information presented at the hearing, that Variance relief may be granted without detriment to the public good or derogation from the Bylaw given that the need to encourage affordable housing and upgrade the housing on this site. The new total ground cover of about 701 square feet would not be greater than what exists and the structure would not come any closer to the lot lines than the existing structure, thus minimizing any impact on the neighborhood. 5. As to the requested parking waiver, one (1) space is required to service the dwelling unit as existing and as reconstructed. No parking spaces now exist, or would be provided. The site is convenient to the Town's commercial center and seasonal public transportation. The Board finds that the provision of parking on site would compromise what little green space remains, and would be physically impossible given the side of the Lot. The waiver of the parking space requirement is in harmony with the general purposes and intent of the Bylaw and not contrary to sound traffic and safety considerations. 6. Accordingly, upon a UNANIMOUS VOTE, the Board GRANTS the requested relief by VARIANCE under Nantucket Zoning Bylaw §139-16A and by SPECIAL PERMIT under Nantucket Zoning Bylaw §139-18, waiving one (1) parking space, in order to allow Applicants to demolish both structures and reconstruct a new two-story single-family dwelling or to demolish the shed and renovate the dwelling by increasing the ground cover, finding that owing to circumstances relating to the shape of the Lot and the structures thereon, and especially affecting the Lot but not affecting generally the zoning district in which it is situated, a literal enforcement of the provisions. of the Zoning Bylaw would involve substantial hardship to the Applicants, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the general purpose or intent or the Zoning Bylaw, subject to the following conditions: a. The resulting ground cover shall not exceed about 701 square feet (a ground cover ratio of about 51/); b. The dwelling unit shall be no closer to the lot lines than the closest point of the existing structure to that lot line (about 2.6 feet along the northwesterly lot line, about 1.8 feet along the northeasterly lot line and about 1.1 feet along the southeasterly lot line; and ' c. No exterior May 15 to October 15 of Dated: August~z' 2000 RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 construction shall occur on the property from any given year as it relates to this project. ~' AUG 2 5 2000 TIME:----~~3U aw. ~ss}. CLERK:~LL Mi~c~~T. 0'M ra _~~-/ ` `D. Ne 1 Pare i•, /',, Nancy Sev~ehs Edward Toole ~~ -, .. ~--__. Edwar Murphy 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, JULY 14, 2000, in the CONFERENCE ROOM, TOWN ANNEX BIIILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: LARRY B. WHELDEN AND ELIZABETH M. WHELDEN, TRUSTEES OF LBW NOMINEE TRUST BOARD OF APPELS FILE N0. 049-00 Applicants are seeking relief by VARIANCE under Nantucket Zoning Bylaw §139-16A (Intensity Regulations). Applicants propose to demolish an existing nonconforming single-family dwelling and shed on an about 1,390 square-foot Lot and construct a new single-family dwelling, or to demolish the existing about 57 square-foot shed and renovate the existing about 644 square-foot single-family dwelling by adding a second floor and using the additional ground cover allowance from the shed to result in a total ground cover calculation of about 701 square feet, without coming any closer to the lot lines than the existing structures. Applicants are also seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw §139-18 to waive the one (1) required parking space. No parking space is provided now and none is planned as part of this project. Similar relief was granted in the Decision in BOA File No. 116-98, said relief considered to have arguably expired necessitating re-application to this Board for the same relief. The Locus is nonconforming .as to lot size with the Lot containing about 1,390 square feet of area in a district that requires a minimum lot size of 5,000 square feet; as to ground cover with the Lot containing about 51% of ground cover ratio in a district that allows a maximum ground cover ratio of 30% for undersized lots; as to setbacks with the structure being sited at about 1.8 feet at its closest point from the rear yard lot line, at about 1.1 feet at its closest point from the southeasterly side yard lot line, and at about 2.6 feet at its closest point from the northwesterly side yard lot line; and with the shed being sited at about 1.1 feet at its closest point from the southeasterly side yard lot line, in a district that requires a minimum side and rear yard setback distance of five (5) feet; and as to parking. The Premises is located at 3 COFFIN STREET, Assessor's Map 42.3.1, Parcel 41, Plan Book 15, Page 125, of 1. The p operty is zoned Residential-Commercial. ~ RECEIVED TOWN CLERFt'S OFFICE Wi 11 i am P . Ho i n , Chairman NANTUCKET, MA 02554 JUN 2 9 2000 TIME: ,N r. r `~• '5:•,• . ~SoA Form 5-89 ;. .ti .v .;.: ~; , ~. :1' q owner's name (s) Mailing address : ~' ~ ~ N°m ~~~- Z"2USt Applicant's name : ~c~ct~- ~ Mailing address: Location Street of lot: Assessor' & map and parcel nuu:»er `Z~s •~ , [ ~ ~ 7 ~ Registry Land •ct 'Plan, lan 8k & P r plan File ~ S~ ZS~l+ot= Date lot acquired: ,~/~ 8.~ Deed Re~pL~1~`""rt' Zoning district •1~ Uses on lot - .commercial:' None ~„ or _ McD?~ - number of : dwellings, duplex,_, apart}uerits_ rectal rooms ~ LL N 8uiiding • date (s) : all pre-8/72? ,~, or __ c o~ o?,~ o Q o Building Permit appl' n. Nos. /! 3 7S - ~ ~ ~S~1n Q.~~ ~"' ~ ~' ~ Y ~ w ~ t-- a~ Case Nos. all • 8oA applications, lawsuits: .~`~... ~' w ~ ~ z eta 11y all ~oriiri relief sought and rsspeattvs Code saotions ~ z-' ~ and subsections, spea~fically what you ppropose admppaced to present ~ z -' I and what grounds you urge for 8oA to fake each finding per Section ~ ~ ,~ ~ 139-32A _,,,, if variance, 139-3oA if a Special Permit '(arid 139-33A :~ &,.,Sif to alter or extend a nancon~'ormirig use) . ~~ ap eal per 139-3 ]~A ~- ~~ _ , attach cYecision or order 'appealed. OK to a~tach addendum . ~,, ~prt- / 3 9 lCQ ~ ~ ~ -~~a a~'~~ ~~~~~ a. avt ~ ~°l~ .~-~ ~' ~ ~ avv~cQ Menu ~i4!/ e ~~. ~~`•'4~•t~r_ ~~D SGi~~(Q{~ G~ ~ ~~"" OL~ ~ ~0 - Z c~ -' n~:Y~, Ytems enclosed as part of this Application: orderl addendum2 Loeue map Sits lan showing present +plan-ne~ structures Floor plane prsssn p oposts~l olovat ons ~HDZ'~"a~proved?_,~• Listings lot area '~'rontags sstbaaka G ark nq data Asssssor•aertifie3'ad~ressee Est 4 sets, ma~l n~' ~absls 2 ssts,,,_ ~20o tss payable to Town of Nantuokst pproof cap' covenant (If• an appeal, ask. Torte Clerk ~to ~tsri3~ldq ComrTsc record to BoA~ Y certify that the requested infonaation submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SYGNATURE: ~ ~ ~ Applicant ,~, Attorney/agent 3(SS not owner pr ownar~s attorney, enclose proof oF•suthority) • ~ FOR SoA OFFYCE U3E j,~ Application cop ei s rec ~ cl: 4: „_, or_ for 8oA on,~Q/` ,_, by ~-~~'~ one copy filed with Town Clerk on..~:J~2Ly~ by co:pplete?, c • one copy each to Planning 8d and Building Dapt~ by •$200 ree check giyeri Town Treasurer on_~?~/~ by waived? Hearing notice posted~QL~~(~ mailed~/('Q~ r & M,~Q~~l~, .~/.~'~ Hearing(s) on_/o/,_ cont'~3 to_,/_/_~, _/,~,_,_, withdrawn?_,/,_,_/~ Decision due by,~~„_, made~~,,,,, tiled TC,,,_/,,,J,_,_ mailed,~~,_ See related cases`__ _ _ laWSUits ~ other ~' ~° NANTIICRET ZON~DTO 803~D 03t ApBEAY-8 • TOSPN AND ~ COIINTY 8t72Y+~YNG a e NANTIICKET~ MA: 02554 CASL'' No ~; ]iArAY,YI!1\M1'pf~ FO!? REY,YEF i 1 i ;' )N ~~~~ s°~~ Op'c~~ ~ ~ 6 ~~~~ 0 ~~~,~ ~CJ J ~ , ,tp ~G`~~ ~P~ ~1 ~P . . TOWN OF NANTUCKET ZONING BOARD OF APPEALS LIST OF PARTIES IN INTE``RES``T IN MA 1TTER OF THE P,(Ej~TITIO OF PROPERTY OWNER:......... w.Y~R~~~;~ ,,.....h~t.Y... ...... v........!~.-.... MAILING ADDRESS :............................... ...r ...............:............................... PROPERTY LOCATION:.................. ~Dt•tirl..... ~.~ ............................ ASSESSORS MAP/PARCEL:\\......... SUBMITTED BY:......~. r,UQ~.... '~.~3.1...-. `-.t. ~ ..................... ....... ~.J~~ 1.!..a'r'n.~........ SEE ATTACHED PAGES I certifj• that the foregoing is a list of persons who are owners of abutting propem~, o~~ners of land directly opposite on any public or private street or ~vay; and abutters of the abutters and all other land o~~-ners «•ithin three hundred feet of the property line of owner's property, all as the}• appear on the most recent applicable tax list. (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139. Section 139-29D (2) ). DATE ASSESSOR'S OFFICE TOWN OF NANTUCKET ~ 05/30/00 TOWN OF NANTUCKET 09 :57:43 OWNER'S MAILING ADDRESS LIST Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Loc ation 4231 0091 NANTUCKET ELECTRIC COMPANY 25 RESEARCH DRIVE 0005 CANDLE ST C/O PROPERTIES DEPT WESTBOROUGH MA 01582 4231 023d ~ NANTUCKET ELECTRIC COMPANY 0025 RESEARCH DR 0006 COMMERCIAL ST C/0 PROPERTIES DEPT WESTBOROUGH MA 01582 4231 0037 ~ NANTUCKET ELECTRIC COMPANY { /~ 25 RESEARCH DRIVE 0010 NEW WHALE ST , \ C/O PROPERTIES DEPT WESTBOROUGH MA 01582 ~~ 4231 0231 Y^61ANTUCKET ELECTRIC CO ~~ 0025 RESEARCH DRIVE 0004 COMMERCIAL ST C/0 PROPERTIES DEPT V WESTBOROUGH MA 01582 4231 0093 NANTUCKET ELECTRIC COMPANY \ 25 RESEARCH DRIVE 0002 COMMERCIAL ST C/O PROPERTIES DEPT 1 WESTBOROUGH MA 01582 4231 0094 SHERBURNE ASSOCIATES PO BOX 359 0002 COMMERCIAL ST NANTUCKET MA 02554 4231 01421 LEICHTER DOROTHY M TR PO BOX 405 0008 WASHINGTON ST C/O SUSAN THURSTON NANTUCKET MA 02554 4231 0142 REITH WILLIAM & MARY L p0 HOX 926 0010 WASHINGTON ST NANTUCKET MA 02554 4231 0143 REITH MARY L p0 BOX 926 0012 WASHINGTON ST NANTUCKET MA 02554 4231 0185 REUNION LLC 79 UNION ST 0006 UNION ST C/O BETH N BROOKS NANTUCKET MA 02554 4231 0144 JAMISON DORIS H & ARTHUR F TRS 420 TAULMAN ROAD OO6A UNION ST DORIS H JAMISON REALTY TRUST ORANGE CT 06477 4231 01001 MILLARD STEPHEN H JR 0590 EAST MOUNTAIN RD OOBR UNION ST PETERBOROUGH NH 03458 4231 01002 CAPTAINS HOUSE TRUST 0008 UNION ST 0008 UNION ST C/O TRISTRAMS GROUP NANTUCKET MA 02554 4231 0099 BERRY MAX N TR 2716 CHESAPEAKE ST NW 0015 WASHINGTON ST MUFFET REALTY TRUST WASHINGTON DC 20002 4231 0097 LOPES NELLIE & JOSEPH M PO BOX 1131 0017 WASHINGTON ST NANTUCKET MA 02554 4231 0095 ARTISTS ASSOCIATION PO BOX 1104 0019 WASHINGTON ST OF NANTUCKET NANTUCKET MA 02554 4231 0040 AMERICAN LEGION p0 BOX 265 0021 WASHINGTON ST BYRON L SYLVA RO POST # 82 NANTUCKET MA 02554 4231 0096 ~PES JOSEPH & NELLIE PO SOX 1131 017A WASHINGTON ST NANTUCKET MA 02554 4231 0098 BERRY MAX N & HEIDI L 2716 CHESAPEAKE ST NW 0005 COFFIN ST WASHINGTON DC 20006 4231 0039 WHELDEN LARRY B TR PO BOX 454 0023 WASHINGTON ST N L T NOMINEE TRUST NANTUCKET MA 02554 4231 0043~ v BERRY MAX N & HEIDI L ~, 2716 CHESAPEAKE ST NW 0010 UNION ST f WASHINGTON DC 20008 4231 0146 WATERFALL ENTERPRISES INC 7 UNION ST 0007 UNION ST NANTUCKET MA 02554 4231 0101 SIBLEY ELIZABETH B TRUSTEE 15 TEASDALE CIRCLE 0009 UNION ST SIBLEY NOMINEE TRUST NANTUCKET MA 02554 4231 0044 GARRISON ROBERT D & LUCINDA B 11 UNION ST 0011 UNION ST NANTUCKET MA 02554 4231 0102 DOWNEY ADRIENNE 0012 FRANK ST 0002 STONE AL WATERTOWN MA 02472 4231 0045 CRICHTON EDWARD B 0014R ORANGE ST 014R ORANGE ST NANTUCKET MA 02554 PAGE 1 MUAS750 9.3 05/30/00 TOWN OF NANTUCKET 09 :57:43 OWNER'S MAILING ADDRESS LIST Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location 4231 0147 ANDREWS VIRGINIA 1 STONE ALLEY 0001 STONE AL NANTUCKET MA 02554 4231 0038 NANTUCKET COMMERCIAL ST LLC PO BOX 1139 0003 COMMERCIAL ST C/O NI MANAGEMENT NANTUCKET MA 02554 4232 0022 NANTUCKET COMMERCIAL ST LLC ONE WELLS AVE 0024 WASHINGTON ST C/O NEW ENGLAND DEVELOPM ENT NEWTON MA 02159 4232 0023 PARDI RICHARD J & ELIZABETH 0026 WASHINGTON ST 0026 WASHINGTON ST NANTUCKET MA 02554 4232 00231 MARIA MITCHELL ASSOCIATION 0002 VESTAL ST 0028 WASHINGTON ST NANTUCKET MA 02554 4232 00231 MARIA MITCHELL ASSOCIATION 0002 VESTAL ST 0028 WASHINGTON ST NANTUCKET MA 02554 4232 00232 ZISSI VANGEL R & BARBARA J TR 30 BERKSHIRE RD 030A WASHINGTON ST C & J REALTY TRUST WINCHESTER MA 01890 4232 0077 HALBERSTAM DAVID & JEAN 0027 W 67TH ST 0012 COFFIN ST NEW YORK NY 10023 4232 0076 MORAN JOAN PARKOS & TIMOTHY J 402 W LANCASTER AVENUE 0018 COFFIN ST HAVERFORD PA 19041 4232 0075 RUTTENBERG MARGARET B & JOHN C 8 HOLLY ROAD 0020 UNION ST NEWTON MA 02458 4232 0230 BRADLEY DAVID G 2700 VIRGINIA AVE NW APT 402 020- UNION ST 1~ ~~ WASHINGTON DC 20037 4232 01381V BRADLEY DAVID G 2700 VIRGINIA AVE NW APT 402 0022 UNION ST WASHINGTON DC 20037 4232 0079 NOYES ROBERT K & GRACE T 0010 COFFIN ST 0010 COFFIN ST ~ NANTUCKET MA 02554 4232 0080 / ~ j\ NOYES ROBERT K & GRACE T 0010 COFFIN ST 025R WASHINGTON ST r ~ NANTUCKET MA 02554 4232 0021 PRESERVATION INSTITUTE NANTUCK PO BOX 115701 0008 COFFIN ST GAINESVILLE FL 32611-5701 4232 00212 JENSEN ARNE M TRUSTEE 65 EAST INDIA ROW 025B WASHINGTON ST R ALBERT HALL TRUST BOSTON MA 02111 4232 0021 JENSEN ARNE M TRUSTEE 65 EAST INDIA ROW 0006 COFFIN ST R ALBERT HALL TRUST BOSTON MA 02111 4232 00213 ENSEN ARNE M TRUSTEE 65 EAST INDIA ROW 025C WASHINGTON ST R ALBERT HALL TRUST BOSTON MA 02111 4232 0081' OYES GRACE TUTTLE & ROBERT K 0010 COFFIN ST 0027 WASHINGTON ST NANTUCKET MA 02554 4232 0016 FLANAGAN CHARLES E & RUTH ANN BOX 214 0013 UNION ST NANTUCKET MA 02554 4232 0072 STEARNS SCOTT M JR 15 UNION ST 0015 UNION ST NANTUCKET MA 02554 4232 0071 MANDELL SEYMOUR G & MIRIAM G 0114 DELANCEY ST 0017 UNION ST PHILADELPHIA PA 19106 4232 0014 SEELER KATHERINE S 0004 BERKLEY PL 0016 ORANGE ST CAMBRIDGE MA 02138 4232 0015 EELER KATHERINE S 0004 BERKLEY PL 0018 ORANGE ST CAMBRIDGE MA 02138 4232 0070 LEE LAWRENCE R & MERCIA E TRS 20 ORANGE ST 0020 ORANGE ST NANTUCKET MA 02554 4232 0017 DUNHAM DANIEL T & THOMAS E 14 UNION ST 0014 UNION ST NANTUCKET MA 02554 PAGE 2 MUA5750 9.3 ~ 05/30/00 09:57:43 TOWN OF NANTUCKET OWNER'S MAILING ADDRESS LIST Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip 4232 0073 EBERT MICHAEL & HARKLESS CATHE 12815 KANES RD LONG GREEN VALLEY GLEN ARM MD 21507 4232 0074 BIGGS JUDITH A 0136 OLD WESTFORD RD CHELMSFORD MA 01824 4232 0018 BACKUS HARRIET W PO BOX 266 A ~ C/O ROBY DAVID M LYME NH 03768 4232 0019 '\$ACKUS HARRIET W & JAMES A J( PO BOX 266 Y ~ C/O ROBY DAVID M LYME NH 03768 Property Location 0016 UNION ST 0018 UNION ST 0007 COFFIN ST 0009 COFFIN ST PAGE 3 MUAS750 9.3 NUMBER OF RECORDS = 56 i ~ ~ ~~ U ~Z r \ ~~ ~~- 1 d-J ~ `i- ~` o ~ J v F~'~ ~ ~ ~ o ~~G~ r _ ~~ tt m _ ~ /, ~~ ~ °~ - 4 ~ ~ .. ~ ~ / _- ~~f ~ _ ~;; ~~ ,~ .~s,..y ~ ~ ~ a' '~ O ~i C9 (~ ~ ~ ~ - t ti ~_~ ~ ~ 0 ~` ~ A ~ ~ ~ ~ A I 0 0 V n ~~ ~: ~ ~ ~}'~Tl, ~ V /4 ' e ~. ,~_ ~ ~5 ' r ^s- „ 4 -: f ""a i ^, ~ y t 2 F~ . -... ) r: ~~ ,PS' Y ___ -r/ L , • ! _._ • ~~ ~.. """""' ~`.. ~"iral N i ~vi .~ /i 'i 4 ~ ~ ~ ~ ~~ i'- ~~ # f l ,, ii -~ 4~ ~. j 1 J ,, 6 ; o' ~ / L f TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: March /~J 19 gg To: Parties in Interest and_Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 116-98 Owner/Applicant: LARRY B. WHELDEN AND ELIZABETH M. WHELDEN 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. C Linda F. Williams Chairman (Acting) 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 §139-301. (SPECIAL PERMITS); §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. Map 42.3.1, Parce141 3 Coffin Street Residential-Commercial Lot 1, Plan Book 15, Page 125 TOWN OF NANTUCKET ZONING BOARD OF APPEALS At a Public Hearing of the Nantucket Zoning Board of Appeals opened at 1:00 P.M., on Friday, November 20,1998, in the Conference Room, Town Building Annex, 37 Washington Street, Nantucket, Massachusetts, on the Application of the Larry B. Whelden and Elizabeth M. Whelden, Trustees of LBW Nominee Trust u/ d/ t dated 5/8/85 with a mailing address of P. O. Box 454, Nantucket, Massachusetts 02554, for itself as Owner and Applicant in connection with property situated at 3 Coffin Street (Board of Appeals File No. 116-98), which meeting was continued by unanimous vote to a Public Hearing on December 11,1998 in said Conference Room, and again continued by unanimous vote to a Public Hearing on January 8,1999, in said Conference Room, the Board made the following Decisions: 1. Applicants are seeking relief by VARIANCE from the Intensity Regulation of Nantucket Zoning By-Law Section 139-16A (ground cover ratio, setbacks). Applicants propose to demolish an existing single-family dwelling and shed on a 1,390+ square-foot lot (5,000 square feet is required), with a ground cover of 701+ square feet, and which are said to be pre-existing. Applicants would construct a new 1,024+ square- foot single-family dwelling, expanding the ground cover ratio from 51+% to 74+%, with the maximum allowable ground cover ratio for an undersized lot in this district being 30%. The existing nonconforming southeasterly side yard setback of 3.0+ feet at its closest point and rear yard setback of 1.8+ feet at its closest point would be maintained, with the northwesterly side yard setback being increased from 2.6+ feet at its closest point to 1.1+ feet in a district that requires a minimum side and rear yard setback of five (5) feet. The Locus is also nonconforming as to parking with there being no parking space provided on site and none planned. In addition, Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Section139-18B, waiving the one (1) required parking space. In the alternative, the Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33A (alteration /expansion of apre-existing nonconforming structure/use) to complete the project as proposed. The premises is located at 3 Coffin Street, Assessor's Map 42.3.1, Parce141, (title reference, Deed Book 229, page 17; Lot 1 on plan recorded in Plan Book 15, page 125). The property is zoned Residential-Commercial. 2. The Board's findings are based upon the Application papers, representations and testimony received at the hearings on December 11,1998, and January 8,1999, and comments from the public. At the hearings, area residents expressed concern regarding the condition of existing structures, possible traffic congestion and parking issues. The Planning Board recommended that the Variance be granted with a reduced footprint that complies with applicable setbacks and that the parking waiver Special Permit be denied. 3. The proposed project involves the demolition of the existing one-story single- family dwelling and the existing shed, and the construction of a new two-story single- family dwelling in accordance with the current Building Code and Nantucket Historic Districts Commission guidelines so as to improve the quality of the housing that he can supply and the aesthetics of the neighborhood. A site plan of the premises dated 10-5- 98 prepared by Charles W. Hart & Assoc., Inc. showing the existing structures was submitted during the hearings. Given the size of the lot (less than 1,400 square feet) and the location of the existing structure (nonconforming as to setback on three sides and as close as 1.1 feet to the lot line on the southeasterly side), a variance would be required even if the existing dwelling were to be rebuilt without expansion. Because of the economics of the situation and a desire to provide ample room to accommodate a small family in the dwelling, the Applicant sought to construct a new 1,204 square foot, two- story dwelling on the site. In response to concerns expressed, the Applicant submitted to the Board a site plan and elevation drawings for a dwelling with a proposed ground cover of 876 square feet (63%). 4. The Board finds that this lot's extremely small size and the rundown condition of the existing dwelling have created a need for the Applicant to rebuild or significantly renovate the structure, and that without relief from the ground cover and setback requirements there would be an economic hardship for the Applicant given the size structure that would result. The site is uniquely situated at the residential edge of this commercial area and is suited for the affordable-type of housing proposed by the Applicant. The situation and facts presented do not generally affect the zoning district but rather are uniquely related to the shape and location of this lot. The Board finds, based on the information presented at the hearing, that variance relief may be granted without detriment to the public good or derogation from the By-law given that the need to encourage affordable housing and upgrade the housing on this site. While the Board finds that the grant of a Variance is justified, the Board was unwilling to grant permission to exceed the ground cover that exists today (701 square feet) or to allow a new structure to extend any closer to the lot line than the closest point of the existing structure (2.6 feet along the northwesterly lot line, l.8 feet along the northeasterly lot line, and 1.1 feet along the southeasterly lot line). 5. As to the requested parking waiver, one space is required to service the dwelling unit as existing and as reconstructed. No parking spaces now exist.., or would be provided. The site is convenient to the Town's commercial center and seasonal public transportation. The Board finds that the provision of parking on the site would compromise what little green space remains, and would be physically impossible given the size of the lot. The waiver of the parking space requirement is in harmony with the general purposes and intent of the By-law. 6. Based these findings, the Board of Appeals voted UNANIMOUSLY to grant the requested VARIANCE under Section 139-16A and SPECIAL PERMIT under Section 139-18B to demolish both structures and build atwo-story, single-family dwelling or to demolish the shed and renovate the dwelling by increasing its ground cover, finding that owing to circumstances relating to the shape of the lot and the structures thereon, and especially affecting the lot but not affecting generally the zoning district in which it is situated, a literal enforcement of the provisions of the Zoning By- law would involve substantial hardship to the applicants, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning By-law, subject to the following conditions: (a) The resulting ground cover shall not exceed 701 square feet (a ground cover ratio of 51 %). (b) The dwelling unit shall be no closer to the lot lines than the closest point of the existing structure to that lot line (2.6 feet along the northwesterly lot line, l.8 feet along the northeasterly lot line, and 1.1 feet along the southeasterly lot line). (c) No exterior construction shall occur on the property from May 15~ to October 15~ . Dated: ~' /_~ 1999 ~ b' Nantucket, MA Mic el Mara ~_ Linda F. William s • ~0~ V~lv~ w~~ William P. Hoa.zxihan Uv~~ ancy oole