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
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U~=
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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
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