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HomeMy WebLinkAbout050-00TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: August ~ ~ 2000 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 050-00 Owner/Applicant: LEE GILLESPIE 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 J 0' ra, airman 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 42.1.4 40 Easton Street Parcel 20 Land Court Plan 9630-C R-1 Cert. of Title No. C-7674 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, July 14, 2000, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of LEE GILLESPIE, of 40 Easton Street, Nantucket, MA 02554, Board of Appeals File No. 050-00, 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 structure/use). Applicant proposes to alter and extend an existing attached garage structure by constructing a second floor addition over part of the existing garage, as part of a general renovation of the garage area of the structure, and construct a new two-floor addition that would extend in a northwesterly direction towards Easton Street, while angling away from that side lot line. The roof line would be extended in an upward direction within the westerly side yard setback area but none of the proposed additions would come any closer to that lot line than the existing structure. The existing single-family dwelling/attached garage is nonconforming as to westerly side yard setback distance with the single-family dwelling being sited as close as less than one (1) foot in a district that requires a minimum side yard setback distance of five (5) feet. All other dimensional requirements are/and will be in conformity with the Zoning Bylaw. The Premises is located at 40 EASTON STREET, Assessor's Map 42.1.4, Parcel 20, Land Court Plan No. 9630-C, Lot C. The property is zoned Residential-1. 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 were no letters on file and no opposition presented at the Hearing. 3. Applicant represented that the approximately 11,376 square-foot Lot contained an approximately 2,397 square-foot (about 21/ ground cover ratio) pre-existing nonconforming single-family dwelling that met all dimensional zoning requirements except the required westerly side yard setback distance of five (5) feet, with the structure being sited as close as zero feet from said lot line. As part of an overall renovation, Applicant proposes to construct a second floor over the existing garage and an addition that would run in a northerly direction without coming any closer to the westerly lot line than the existing structure and in fact, would angle away from that lot line to a point about four (4) feet at its closest point. Applicant represents that alternate locations for any additions are limited by Conservation Commission restrictions, Order of Conditions No. SE48-1371 as well as a restriction running in favor of the Town of Nantucket that requires the owner to maintain a clear path along the easterly side of the property to provide emergency access to that part of the beach front along Nantucket Harbor, which also coincides with a scenic public view area. The property to the west, that would be most affected by this addition, contains a commercial lodging establishment that is also sited at less than one (1) foot from the common side yard lot line. There would be a benefit to the public as the addition would allow the garage doors, which currently face the street, to be relocated to the interior of the Lot to face east. The driveway would also be moved to the east and vehicles would no longer have to back directly out onto the street to exit the garage, which would improve safety. A high hedge also exists along the common westerly lot line. 4. Therefore, the Board finds that the construction of the additions as proposed would increase the nonconforming nature of the property as it would increase the height and massing within the required five-foot side yard setback area. However, the Board further finds that said increase would not be substantially more detrimental to the neighborhood than the existing nonconformities. There would be a public benefit with respect to safety, emergency beach access and scenic public views. 5. Accordingly, the Board, by a vote of four (4) in favor (Hourihan, O'Mara, Parent and Sevrens) and one (1) opposed (Toole), hereby GRANTS the requested SPECIAL PERMIT under Nantucket Zoning Bylaw §139-33A to construct the additions as proposed upon the following conditions: a. The project shall be built in substantial conformance with the Order of Conditions No. SE48-1371, as may be amended; b. The project shall be built in substantial conformance with the plot plan done by Leo Asadoorian of Blackwell & Associates, Inc., dated June 30, 2000, marked as Exhibit A and attached hereto; and c. There shall be no exterior construction between May 15 to October 15 of any given year in association with this particular project. Dated: August OC~, 2000 U Michae O'Mara (50-00) ~~~ ~~ . RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 AU G 2 8 2000 TIME: CLERK: ~=2~~' Wil 'am P. Hour' n, Jr. D. Nei arent Nancy Sevr Edward Toole CURRENT ZONING CIASSIFlGTION: Raid~ntiol 1 (R-1) Opy~~ MINIMUM LOT SIZE: 5000 S.F. .1JJT5#$f, MINIMUM FRONTAGE: 50 FT. • ~• ~• FRONT YARD SETBACK: 10 FT. . SFF. aMl. REAR/SIDE SETBACK: 5 FT. •SfF•PIAN CRWNO COVER X 30 X .~.}~?y#$.~. (21x1 oN AST - E `< 2? ~ • PROPOSED GROUND COVER IS ESIIAIATED AT THIS 11ME SINCE FlNAL CONSTRUCTION PUWS HAVE NOT BEEN PRODUCED AND FORWARDED TO IH1S OFFlCE. 12.1.1-T f N/F NANTUCKET fSl.WD RESORTS LLC. 7HE BRFAICERS" ~~ ~ DYER BRK7C EXISTING GROUND COVER: 2,397fS.F. PATa ' PROPOSED GROUND COVER: 960tS.F. (ESTIMATED) TOTAL PROPOSED GROUND COVER: 3,357tS.F. STEEL BU(KHF.tD TREE S ~ .~ ZONING SEiBICX LWE '/ ,~ PROPOSED \ uwN 15~\ PROPOSED GRAVEL OR SHELL DRhE 42.1.4- I9 N/F TNUrrr-sur EwsroN caRP. PROPOSED ADDlDON PROPOSED CANTILEVERED DECK typ. dWCK OBSERVED NICK WATER GROIN 10/12/88 µZHOF,t{q~S' ~ GROIN/ \\ LEO 05, U G~, ASADOORIAN ~ OBSERVED IIICiI WATER WATER LC.C 9630-C No. 33930 3/23/00 085ER~0 LOW BARB OR ics 9FC/STEQ~~~ S`~ TUCgE T s'° L L 5°Q AN (, ~30%0 ORIGINAL SIGNED AND STAMPED COPIES OF THIS PLAN MAY BE PHOTOCOPIED BY THE BOARD OF APPEALS OR THE NANTUCKET COUNTY REGISTRY OF DEEDS FOR RECORDING PURPOSES. IN CASES OF DISCREPANCIES REGARDING INFORMATION CONTAINED HEREON AND UNAUTHORIZED PHOTOCOPIES OF THIS PLAN, ONLY ORIGINALLY STAMPED AND ENDORSEDED COPIES SHALL BE ACKNOWLEDGED BY THE CERTIFI1NG LAND SURVEYOR. THIS PLOT PLAN WAS PREPARED TO ACCOMPANY AN APPLICATION TO THE NANTUCKET BOARD OF APPEALS AND IS NOT TO BE CONSIDERED A FULL INSTRUMENT SURVEY. THIS PLAN SHOULD NOT BE US D TO CT ISH PROP RTY IN FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. Plot Plan to Accompany Board of Appeals Application in Nantucket, jlassachusetts SCALE: 1 "= 30' DATE: JUNE 30, 2000 Owner:....... LB8 A ~ILLBSWIB ... . .......................... Deed/Cert.:.. C 7,674 Plan: L.C.C. •9:630-C • Tax Map: .42.1;4-20• Locus: .40 FASTON STREET • • THIS PLOT PLAN IS NOT A CERTIFICATION AS TO TO THE TITIE OR BLACKIIELL k ASSOCIATES, InC. OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET ASSESSOR P1'Of6SSljOftCl LCt3d S1tTI1QJ/0!S RECORDS. 20 TEASDALE CIRCLE THIS PUN MAY NOT BE USED FOR ANY OTHER PURPOSE THAN ITS Nantucket, YassachusettS 02554 INTENDED USE NOTED ABOVE. ~8lackwell !c Associate Inc. FBK.: R117-04 (SO8) 228-9026., ~°~~!p•w J~_, 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 BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: LEE GILLESPIE BOARD OF APPEALS FILE N0. 050-00 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 alter and extend an existing attached garage structure by constructing a second floor addition over part of the existing garage, as part of a general renovation of the garage area of the structure, and construct a new two-floor addition that would extend in a northwesterly direction towards Easton Street, while angling away from that side lot line. The roof line would be extended in an upward direction within the westerly side yard setback area but none of the proposed additions would come any closer to that lot line than the existing structure. The existing single-family dwelling/attached garage is nonconforming as t~o westerly side yard setback distance with the single-family dwelling being sited as close as less than one (1) foot in a district that requires a minimum side yard setback distance of five (5) feet. All other dimensional requirements are/and will be in conformity with the Zoning Bylaw. The Premises is located at 40 EASTON STREET, Assessor's Map 42.1.4, Parcel 20, Land Court Plan No. 9630-C, Lot C. The property is zoned Residential-1. ~EGEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 William P. Houlihan, Chairman JUN 2 9 2000 TIME: SS I C ERK~ i~.: ••;: •~'$oA Form 1-89 NANTUCKET ZODI2DI0 80A1tD Op ABBEAY!S a e TOWDT ADTD CODDTTY BUYY+prDTG ~'' NAN':'UCKET~ NI1: 0255 CASE No. ~~ .v tivvr.'rnpmYON gOR RET,YEP ~•, Owner's name(s) : ~..FE 'ter: /e5 l~ Mailing address: 40 ~~ ~~ ' ~ ~ Applicant's Hama: ,.`EC ~+~~ ~- ,`~•~ Mailing address: -4d Ea.a4vn ~'~'+~~"• • ' Location of lot: AssasOor'& map and parasl number ___,-, `~~•~'q ' Z° ado Strast address : ~O E STo r~l ~sT~-~~' Registry Land •Ct 'Plan, $10:s 8k Pl? or 81an Fil ~ot,~~dc.963d~G Date lot acquired: ~,SJ,~6 Desd lYst ~, zoning district _ Ri Uses on lot - .dommeraial:' None ~or MCD?_ -- t:umber of: dwellings 1 duplex apart}uents_, rental rooms- Buiiding•date(s): ail pre-s/72? _ or c of o?_, Building Penait appl'n. Nos. Case Nos. all•8oA applications, lawsuits: State fullyy all zoningg relief sought and rsspeat3vs Code sections and subsections, specifically what you propose admppaced to present and what grounds You urge for BoA to make each tindin per Section 339-32A it Variance, 139-ZOA it a Speoial P~rmi~ (and 139-33A it to alter or extend a noncon ormirig use). 2t appeal per 139-3~A &-B _ , attach decision or ':or erg' •a sled. K tP~ tt c~i~ dendum 1n1E 2~~I'~~,, Fe~vQs'l~ a Qa P~avidQ~ - P,-oppse~ ~~o ~~~.~ ~~~ ~~. ~ ~o~ ~, g,~ ~~r2L F-~11¢~0.F~ons 7.~ 23 ~ ~~q,~~ ~•, ~Z~Q- `~l.Q,l,~~ G /~c~~'t,",,, ~Q/.L'Et ~~ !"~fs2 ~d ~ ~lYllL, ~~ -?~U,G!/2~~~ ~Ckl~ ~~ _ Vita- c~ca2c X0,2 a22,1 C°o~~~~ Items snclos as part of Locus ~aap~ Site plan v 200 tss payable to Town of (it~ an appeal, ask Tom Cl ation: o derl addendum2 esant ~+plan~ ne3 r/ structures lavat ong (Hb~~proved?_)• beaks G ark ng data- 6ets '-'ma~lin~ ~absls 2 eats t profit cap' covenant _ n3-Sldst Comte record to SoA :'•f - I certify that the requested information submitted is substantially complete and true to the best of lay knowledge, under the pains and penalties of perjury. ~c SIGNATURE: ,dpo_ ~ ~~/~~ie.~ Applicant / Attorney/agent 3(It not owned' qr owner's attvrnsy, enclose proof of authority) • FOR 8o OFFYCE USR Application copies recd: 4_ V or----~ for BoA on ~ by one copy filed with Town Clerk on~'~by co:pple e? One copy each to Planning Bd and Building Dapt O /~ ~~~by • $200 tss cheek giysn Town Treasurer on,~/ ~~'„_ by_L~C waived?_~,I'' Nearing notice postsd,~~~ mailed~/~ Y & M~'/~„~, ~J~"~~ Hearing(s) .on_„/,_/_ cont'~~ to_,/,_/_•, ,~,_/_ withdrawn3,_/,_,_/_ Decision due by_,/,_/_, made~~,,,_, tiled TC_/,,,J_,,, u:ailed,_/~_ See related cases ~ la~rsults ~ other i ' w ~• U `n LL.. ~ o COQ o ~ ;~~ N W ~ F- ~ ~ Vww ~~`' LLiUU ZM ~ ~ ~ Z ~ -~ IO-Z w ~~ ~ ~~ ~ ~ ~ 1.3~z1s ~~1 sb3 ~~ ~ '., *.' r ;~' ~ ~ - ~ - ~ b _- _ -- V ~ ( I ~ c5~ ~ ~ ~ ~ '~ ~` 1 ~ d~ ~ `5~ ~ Q ~~~ ~~ t ~ Z i ~j F~ R ~ ~ lJlr. V ~ ~ ~ ~ ; ~ - ~~ Z r T t: ~ ° ltl _, ~ - ; _ ~ ~5 T _ ~ '~ _~ \ ~, ~ y 0 ~ ~ ,~ ~ ~ ~ v ~ `! ~ ~ ! ~ ~ +~ ~ h; ~ ~~ ~ J Y ,~ . s ~ ~ -~~~ a _ ~g : F~-: ~j:. ~ f I u ros jj ~ .' _ f51__' '` ~~ ' ~ ~. du •i ~ ~I ~~ °~1 O ~ p ~ ~ ~ '" a ~? ~ ~ ~s Q z ~ 1~; Z ~9,'~J d. ~. 'n 41 4- ~j J ~ ° d ~~ ?1 ofl'7!'v f.) ~~ ~ ~~ ~~ ~ ~ ~ J O ~~ v~ O }~ 3 ° °~ ~ 7 a ~ ~. ~- z o~~~, Z 2 ~ ~ t ~3 ~ n ~ ~ ~" s _ ~ ~ -~ -~ 0 _Z °r ~~ W ~~ ~~ 0 ~~ ~\.y ,` ~ `~ v °'/S ~W 0 G g~ I'i~ m m ~~ - ------ - -1<~ G, ~. .~ :, F {f r. J ~,., k' I I '. i i I rvl I I '! rn r v `~ 6~co ~} ~, ~ ~i 3 -o ~_ I { i N ~.n ~- 0 i~ C~ -~+; u i N ~- .A ~ v X f /' ~ T I ~ ~. ~ -i - - - - \~ _ ~ - -- ~ O m -~ z (,~ c r C z Z ' ~~ D g ~ - ;~ ~_ ~~' I ~ ~~ b b z 6` ~ S ~ ~+ v f ~ ~, ~+~ _~ _ O _ . __ _ _ _ _ - - ----- /~_'~n + F -~c m ® ~ r R ~ ~~ ~~~ ~~~ r 0 ~ .-~, 0 0 7~,0 ~~ \ '~ lrt~,+ -•/ 0 ~~ l~ ~~ I I I I 1 1 I 1 i ~I I * I i ~ 2 1 F a+ I C 1 s ~ 4 s~~o ~~ v ~. ~~ o 0 0 m 1 0 L . e~ARo oCEIVED ASS ~~N 0 FSS~RS . ~ '~ 5 2000 U~= NqN ~~~~ T uCKET~ Mq TOWN OF NANTUCKET ZONING BOARD OF APPEALS - - LIST OF PARTIES IN INTERES/T~ IN ITHE MATTER OF THE PETITION OF PROPERTY OWNER :..............l..T...l.I.1.Q:~.~!.C................................................ MAILING ADDRESS :...............................................ji........................................ PROPERTY LOCATION :............ ~D............~G.S~?......~ ~.......... ASSESSORS MAP/PARCEL:......nn.Y.oS.I. ~..~.....~.5-J ....................................... SUBMITTED BY:..........~~1.!').Gam ..............~.!.~.1.!.a-~~....... . Lv ,~ ~Urr~ u~ 1 ~ g_ °~ ~ 6 ~ 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 1 1 Zoning Code Chapter 139. Section 139-29D (2) ). .~/G.d. ~~.Q......... DATE 1. ASSESSOR'S OFFICE TOWN OF NANTUCKET 06/06/JO TOWN OF NANTUCKET ll~iiti:29 OWNER'S MAILING ADDRESS LIST Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip P roperty Location 4214 0021 NANTUCKET CONSERVATION FOUND I PO BOX 13 0039 EASTON ST NANTUCKET MA 02554 4214 0024 CROSS THEODORE L 0233 CARTER RD 0037 EASTON ST PRINCETON NJ 06540 4214 0002 LEWIS ROCHELLE TR 0200 W 57 ST 15 FL 0004 HULBERT AV BLUE SHUTTERS REALTY TR NEW YORK NY 10019 4214 0016 *CAHILL ENTERPRISES 188 BENNETTS FARM RD 0030 EASTON ST RIDGEFIELD CT 06877 4214 0017 CROSS LISA W 14 ARROWHEAD WAY 0032 EASTON ST WESTON CT 06883 4214 OO1B JOHNSON JOYCE H TR PO BOX 550 0034 EASTON ST THIRTY FOUR EASTON ST NOM TR PRINCETON NJ 08542 4214 0019 THIRTY-SIX EASTON CORP 4001 GLENARM RD 0036 EASTON ST C/O ROBERT B HORNER CRESTWOOD KY 40014 4241 0021 NANTUCKET ISLAND RESORTS LLC ONE WELLS AVE 0042 EASTON ST C/O NEW ENGLAND DEVELOPMENT NEWTON MA 02459 4241 0022 LINCOLN BAYARD R TR 18 CAMBRIDGE ST 0046 EASTON ST LINCOLN FAMILY TRUST CHELMSFORD MA 01824 4241 0023 NANTUCKET ISLAND RESORTS LLC PO BOX 1139 0050 EASTON ST n~~~ C/O NI MANAGEMENT NANTUCKET MA 02554 0029 0028 `NANTUCKET CONSERVATION FOUND I PO BOX 13 0039 EASTON ST NANTUCKET MA 02554 PAGE 1 MUA5750 9.3 NUMBER OF RECORDS 11 ,,,, ~ tc : ~i: U ' _ .r , . ` !~ OO ~ ~ ~ ~~~ r ~ ~ .. ~o ~ '~ ~~ ~ _ '~ o•~~ ~ 1 a ~ ~ ~ ffi ~~ ~ ~~ ~~ ~ ° ~ .- ~ ~ ~ ~ ~ -~Q ~ o C'? q ~ ~ ~ ~ e ~ ~o ,~ 0 00~ Q ~ Q ~ va ~. l~ ~,~, ~ a ~, t~ ~ °e~y ~~~~'J~ t ~ 0 po ,a,... 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