HomeMy WebLinkAbout081-00TOWN OF NANTUCKET
Application No.:
Date : December ~ l 20 00
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
081-00
Owner/Applicant:.
NIKKI KRAMER,
SOONG SISTERS REALTY TRUST, STEPHANIE
TRUSTEE
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. ~
i
l7~
Michael J. p'Mar Chairman
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 42.4.4
Parcel 046
ROH
Land Court Plan 15414-C, Lot 4
34R Cliff Road
Plan Book 15, Page 65, Lot 4
Deed Ref. 657/104
Cert. of Title 19,404
At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00,
Friday, December 8, 2000, originally noticed for hearing on October 13, continued
without opening to November 17, 2000, opened and then continued to December 8, 2000,
in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket,
Massachusetts, on the Application of SOONG SISTERS REALTY TRUST,
STEPHANIE NIKKI KRAMER, TRUSTEE , of 3085 Riverside Drive, Wantaugh, NY.
11793, Board of Appeals File No. 081-00, the Board made the following Decision:
1. Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw
Section 139-33A (alteration/expansion of apre-existing nonconforming structure/use).
As part of an overall rehabilitation of this structure, Applicant proposes to enlarge, extend
and raise the southerly rear kitchen section of asingle-family dwelling by constructing an
additional about 130 square feet, which would involve demolishing and reconstructing
the existing kitchen, which includes the reduction of the present kitchen by about 22
square feet on the north side, and would meet the five-foot required side yard setback
distance, and have a higher ridge height; by constructing a new conforming about 38
square-foot addition on the southerly interior side of the structure; by constructing a new
second-floor deck that would come no closer to the southeasterly side yard lot line than
about 4.4 feet, and would be in line with the first floor deck; by constructing a second
floor addition over the main portion of the house that would be sited no closer to the
southeasterly side yard lot line than three (3) feet; by reducing the side yard setback
encroachment, with the house being sited as close as about 1.7 feet, by removing about
l 7 square feet of ground cover to enable the house to be sited no closer than three (3) feet
at its closest point to the southeasterly side yard lot line; and by constructing three (3)
conforming dormers on the rear facing part of the structure. In addition, Applicant is
seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw Section 139-18 to
waive the one (1) required parking space. Due to the increase in ground cover, Applicant
must seek a parking waiver for this project as parking must be calculated as if newly
constructed. The Board waived the one (1) space in the Decision in BOA File No. 021-00
for other work previously performed. Paragraph 5, subsection "D" stated that "~I'herc
shall be no expansion of the dwelling without further relief from this Board", which
requires Applicant to seek such relief even if the additions are conforming and usually
permitted as a matter of right without relief from this Board. To the extent necessary/in
addition, should the Board deem necessary, a MODIFICATION of the Decision in BOA
File No. 021-00 is sought to complete the project as proposed.
The Premises is located at 34R CLIFF ROAD, Assessor's Map 42.4.4, Parcel 46,
Plan Book 15, Page 65, Lot 4, Land Court Plan 15414-C, Lot 4. The property is zoned
Residential-Old-Historic.
2. The Decision is based upon the Application and materials submitted with it and
the testimony and evidence presented at the hearing. The Hearing was continued from
November 17 to December 8, 2000 in order to allow the Board members to take a
viewing of the Locus, upon which this Decision is also based. The Planning Board made
no recommendation as the matter was not of planning concern. There were two (2) letters
on file in support from the direct abutters to the northeast and southwest. The abutter to
the southeast, represented by counsel, was present at the hearings to express concern
primarily about the impact on her property and loss of privacy with the expansion of the
structure to two (2) stories that was proposed on the southeasterly side of the structure.
3. Applicant, through counsel, represented that the existing structure and lack of on-
site parking situation pre-dated the 1972 enactment of the Zoning Bylaw and are thus
validly grandfathered, with the exception of those portions of the structure validated by a
grant of Variance relief in the Decision in BOA File No. 021-00. Applicant proposes to
substantially renovate the existing single-family dwelling as outlined in the language in
Paragraph 1 above and as delineated on the "Building Location Plan", dated December
12, 2000, done by Charles W. Hart, of Charles W. Hart & Associates, Inc., marked as
Bxhibit A and attached hereto. Applicant has also received Certificates of Approval Nos.
36,582 and 37,035 for the work now proposed. Applicant submitted substantial
photographic evidence to show the existing structure and its relationship to abutting
properties. Applicant submitted new plans that differed from the plans submitted with the
Application in response to the neighbor's concerns. The second floor addition would not
be constructed any closer than three (3) feet as opposed to about 1.7 feet, which would
have placed the addition over the existing footprint which was validated in the previous
Decision. The second floor deck would be pulled back to be no closer to the common lot
line than 4.4 feet. A 17 square-foot area would be removed from the existing single-
family dwelling to create a new southeasterly side yard setback of three (3) feet at its
closest point and a proposed bulkhead entrance on the rear of the structure was going to
be eliminated. Applicant further represented that the improvements to the structure would
be in keeping with the neighborhood and would be a benefit as the structure is in a
serious state of disrepair at the moment.
4. Therefore, the Board finds that the alteration and expansion as proposed, and
alliterated above, as it relates to the second floor addition and deck that are to be sited
within the southeasterly five-foot side yard setback area, would be an increase in the
massing of the structure within the required five-foot side yard setback distance.
However, said increase would not be substantially more detrimental to the neighborhood
than the existing nonconforming structure and the addition and deck would have little
impact upon the neighborhood. The Board further finds that the razing and reconstruction
of the kitchen addition and construction of the about 38 square-foot addition, would
normally be allowed as a matter of right, with both additions being conforming, and not
over the 30% ground cover ratio allowed for subminimum lots in this area, had the
previous Decision not required further relief from this Board for any further alteration
and expansion of the structure. The Board now finds that these additions would also not
be substantially more detrimental to the neighborhood than the existing nonconforming
structure. The proposed project would improve the structure and be a benefit to the area,
and would be in keeping with the surrounding structures as they were of equal or greater
height. As to the waiver of the one (1) required parking space, the Board f nds that it is
physically impossible to provide on site. The situation has existed since a time prior to
the 1972 enactment of the Zoning Bylaw and would not be changed as a result of this
project. Waiver of the space would be in harmony with the general purpose and intent of
the Zoning Bylaw and would not be contrary to sound traff c and safety considerations.
To the extent necessary, the Board further finds that any Modification of the original
relief granted in the Decision in BOA File No. 021-00 to construct the project as now
proposed and amended and shown in Exhibit A, is in keeping with that Decision and
affirms those findings here.
5. Accordingly, by a unanimous vote, the Board GRANTS the requested SPECIAL
PERMIT relief under Nantucket Zoning Bylaw Section 139-33A to allow the alteration
and expansion as now proposed upon the following conditions:
a. The project shall be completed in substantial conformance with the
"Building Location Plan", dated December 12, 2000, done by Charles W. Hart, and
marked as Exhibit A and attached hereto;
b. The addition shall be constructed in substantial conformance with the
Certificates of Appropriateness No. 36,582 and 37,035, as may be amended, as Approved
by the Nantucket Historic District Commission, and as may be required to allow the
removal of the bulkhead as shown on Exhibit A;
c. No exterior work in relation to this proposed project shall be done between
May 15 and October 15 of any given year; and
d. Hollywood Cyprus trees/bushes shall be planted, and maintained at a
minimum height of 15 feet, along the southeasterly property line to provide screening
between Applicant's lot and the abutting property, identified as 32 Cliff Road, Assessor's
Map 42.4.4, Parcel 37.1.
dos 1-00>
Dated: December ~q, 2000 ~
D. Neil Parent
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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, OCTOBER 13, 2000, in the Conference Room, Town Annex Building, 37
Washington Street, Nantucket, Massachusetts, on the Application of the following:
SOONG SISTERS REALTY TRUST, STEPHANIE NIKKI KRAMER, TRUSTEE
BOARD OF APPEALS FILE NO. (081-00)
Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw
Section 139-33A (alteration/expansion of apre-existing nonconforming structure/use).
As part of an overall rehabilitation of this structure, Applicant proposes to alter and
expand asingle-family dwelling by demolishing an existing rear kitchen section of the
structure and reconstruct a new conforming kitchen addition which would be about 130
square feet larger than the existing kitchen addition and have a higher ridge height;
construct a new conforming about 38 square-foot two-story addition; and construct a new
second-story deck that would come no closer to the southerly side yard lot line than the
existing first floor deck which is sited at about 4.4 feet at its closest point from that lot
line, with the main portion of the structure being sited as close as about 1.7 feet from the
same lot line. Total ground cover for the Lot would be increased from about 27% to
about 30%, which is the maximum allowed under the Bylaw for undersized lots in this
district without relief from this Board. A conforming bulkhead would be constructed on
the southwesterly side of the structure. A second story would be constructed on the
southwesterly side of the structure. A second story would also be constructed over the
main portion of the structure without coming any closer to the lot lines than the existing
house and three dormers would be added facing to the rear. In addition, Applicant is
seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw Section 139-18 to
waive the one (1) required parking space. Due to the increase in ground cover Applicant
must seek a parking waiver for this project, even though similar relief was granted in
BOA File No. 021-00 for previous work performed. In paragraph 5 of said Decision
subsection "D" stated that "There shall be no expansion of the dwelling without further
relief from this Board" which requires Applicant to seek such relief even if the additions
are conforming and usually permitted as a matter of right without relief from this Board.
To the extent necessary/in addition, should the Board deem necessary, a
MODIFICATION of the Decision in File No. 021-00 is sought to complete the project as
proposed.
The Premises is located at 34R CLIFF ROAD, Assessor's Map 42.4.4, Parcel 46,
Plan Book 15, Page 65, Lot 4, Land Court Plan 15414-C, ~,ot 4. The property is zoned
Residential-Old-Historic. ~I ~ . _ r . r, ( ~1 r n,,,.~ ... .
Michael J. O'Mara,~airman
BoA Form 1-89 NANTIICRET ZONZNa BOARD OF APPEALS
TOWN AND COIINTY BIIILDINa
NANTIICRET, MA 02554
$vPLICATION FOR RELIEF
~ 5 a~
at
CABE No.~~
SOONG SISTERS REALTY TRUST, Stephanie Nikki Kramer, Trustee
Owner's name(s):
Mailing address• 3085 Riverside Drive, WantauQh, New York 11793
Same as Owner
Applicant's name:
address•
ili c/o Attorney Joseph M Guay, P 0 Box 1294, NantuckP*_. MA (1554-1294
ng
Ma
Location of lot: Assessor's map and parcel number - 4244-046
Street address • 34R Cliff Road, Nantucket, Massachusetts 02554
Registry Land Ct Plan, Plan Bk & Pg or Plan File PB-15, PG 65 Lot 4
~ ~~ 2000 Deed Ref *See Belo~oning district
Date lot ac fired:
~BK 657, Page 104 and Doc. 8~~~6y Cert. 19,404.
Uses on lot - commercial: None ,_ or
- number of: dwellings duplex apartments rental rooms
Building date(s): all pre-8/72? Yes or C of 0?Yes
Building Permit appl'n. Nos.
Case Nos. all BoA applications, lawsuits: ?j~''Q~
State fully all zoning relief sought and respective Code sections
and subsections, specifically what you propose compared to present
and what grounds Xou urge for BoA ~o make each finding per Section
139-32A if Variance, 139-30A \/ if a Special Permit (and 139-33A
if to alter or extend a nonconforming usej. If appeal per 139-3~A
& B _ attach decision or order appealed. OK to attach addenU ~m .
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Items enclos as part of is Application:~o~erl a~tructures ~ ~v
Locus map~Site plan showing presentTV +pla e C a roved?
Floor plans present proposed~~levations _(~ PP ~~
Listings lot area rontage -setbacks c~GCR V parking data
Assessor-certifie3 addressee fist 4 sets~~ma~l ni g labels 2 sets
5200 fee payable to Town of Nantucket proof 'cap' covenant
l(If an appeal, ask Town Clerk to sen3 Bldg Comr s record to BoA.)
I certify that the requested information submitted is substantially
complete and true to the best of my knowledge, under the pains and
penalties of perjury.
SIGNATURE: Applicant Attorney/agent X
. Guay, Attorney for Applicant
3(If not er r owner's attorney, enclose proof of authority)
FOR~BoA~OFFICE USE
Application copies recd: 4 vor for BoA on
One copy
872-78
filed with Town Clerk on _ bY_
One copy each to Planning Bd and Building D
$200 fee check given Town Treasurer on
Hearing notice posted~~/~~mailed~~~„/~
~~ by
complete? ~~
~~ ~ by
wai/v~e'd?
Hearing(s) on_/~_ cont'd to~~_,, ~~_ withdrawn?~~_
Decision due by~_/_ made_/~_ filed TC_,./_/_ mailed~~_
See related cases lawsuits other
I & MQ ~,
9-15-2(dC1(d 1 ~ :.3tiF~M r Kura ~uotrrf r~ uuH r tow ~iuo ov ~ ~ ~y
Addendum to Application of
Stephanie Nikki Kramer, Trustee
Soong Sisters Realty Trust
34R Cliff Road
Nantucket, Massachusetts
ZONING CLASSIk'ICATION
R-OH
District Existing
Proposed
5 000 3,890 N/A
Minimum Area: ~ ~-
(pr~exietiug/nonconforming lot)
Minimum Frontage: 50' 8.12 N/A
k'ront Yard Setback: NONE 89.26+/- N/A
Side Yard Setback: 5 SOUTH 1.7-4.1 (house) N/A
q.q-6.9 (decks) N/A
NORTH 10.1-10.7 (house) N/A
r
Rear Yard Setback: 5 10.1 +/- N/A
Ground Cover Ratio: 50~ 1,055 sf (27~) 168 sf
(1055+150=1205)or(306)
30~ l , 055 sf (27~ ) 168 _sf
( reexistin /nonconfozmin lot) (1055+150-1205)or(308)
2 1 1
Parking:
I. Applicant seeks a Special Permit in accordance with the
provisions of Section 139-33A(4), 139-33A(5) an
alter and extend a pre-existing nonconforming structure, which
alteration and extension will not make the structure more
nonconforming, to wit: _
1.) to improve the existing structure (addition to main house -
is affecting ground coverage; not affecting setbacks) by
enlarging and extending the southerly side by an additional
38 square feet (38 sf); said addition will not be in
violation of the present (5f t) zoning side setback
requir2tti-ents .
~- 1 5-1171714 I L :.1tSF'M r KUM JUJtrn M uu~+ ~ c~W ~iuo o~~ ~ ~ ss
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2.) to improve the existing structure (addition to main house -
is affecting ground coverage; not affecting setbacks) by
enlarging, extending and raising the southerly rear kitchen
by an additional 130 square feet (130 sf), which involves
the demolition and reconstruction of existing kitchen; said
addition will not be in violation of the present (5f t)
zoning side setback requirements.
3.) to improve the existing structure (addition to main house -
n_o_t affecting ground coverage; not affecting setbacks) by
constructing a bulkhead situated on the southerly rear,
parallel to existing structure; said bulkhead will not be in
violation of the present (Sft) zoning rear setback
requirements.
d.) to improve the existing structure (addition to main house -
not affecting ground coverage; not affecting setbacks) by
adding a second story deck; said proposed second story deck
will not be in violation of the (3f t) zoning setback
restriction for decks as set forth in the ZSA Decision on
Application No. 021-00 pertaining to the subject Premises
and would be in line with the first floor deck.
5). to improve the existing structure (addition to main house -
n_ot affecting ground coverage; not affecting setbacks) by
adding the following:
(i) Second story over living room for a Master Bedroom
and bath (will not create a greater nonconformity of
existing structure); and
(ii) a three (3) window dormer attached to existing
structure facing the rear.
II. Applicant seeks a Special Permit in accordance with the
provisions of Section 139-18(2) to waive the one (1) on-site parking
space requirement. (ZSA previously granted Special Permit waiving one
(1) on-site parking space requirement].
Applicant states that the modifications sought herein are minor
in nature and the improvements and enlargements sought in the within
application of Applicant will not change the residential use of the
existing structure on the Premises.
Applicant states that this Board granted relief to the previous
owner of the subject locus on March 10, 2000, Application No. 021-00,
and said ZBA Decision is duly recorded with the Nantucket Registry of
Deeds at Book 656, Page 003. A copy of said ZBA Decision is attached
hereto as Exhibit ~~A~~ . `
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THIS PLOT PLAN IS NOT A CER11r:1CAT10N AS TO
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OWNERS OF AOJOINWC PROPERTIES NtE SHOWN
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
~~~~'~-
Date: March ~O , .2cXj~
~'.i~K~IJV~~N~.{ r)v~
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: 021-00
Owner/Applicant: CHRISTINE WHITE-CUNNINGHAM, TRUSTEE,.
CUNNINGHAM REALTY TRUST
Enclosed i~s 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 I7 of Chapter 40A, Massachusetts General Laws.
Any action appealing the Decision must be brought by
f fling an complaint in court within TWENTY (20) days after
this days 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.
_ Lvl i c i;1, Chairman
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.
ZONING BOARD OF APPEALS
37 Washington Street
Nantucket, Massachusetts 02554
Map 42.4.4
Parcels 46 & 37.2
7oncd ROT-1
~~~~~5
34R Cliff Road
Lot 4, PLBK 15, Page 65, Lot 4 LCPL15414-C
need Reference R210/P294, ceG Cert 11,001
At a Public Hearing of the NANTUCKET BOARD OF APPEALS held at 1:00 p.m.,
Friday, March 10, 2000, in the Conference Room of the Town of Nantucket Annex Building,
37 Washington Street, Nantucket, Massachusetts 02554, on the Application of CHRISTINE
WHITE-CUNNINGHAM, TRUSTEE CUNNINGHAM REALTY TRUST, of C/O Paul S.
Jensen, P.C., P.O. Box 3097, Nantucket, Massachusetts 02584, for herself as owner and
applicant, (Board of Appeals File No. 021-00), the Board made the following decision:
1. The Applicant is seeking VARIANCE relief from the five (5) foot side yard setback
requirement under Nantucket Zoning Bylaw § 139-16A in order to validate a 1978
addition to apre-existing home. Said addition was constructed pursuant to Building
Permit No. 872-78, but lies as close as + 1.7 feet from southerly side lot line, when
setback of three (3) feet was required. To the extent necessary, the Applicant also
requests VARIANCE relief to validate a deck and shed that lie as close as zero (0) feet
from the southerly lot line. In addition and to the extent necessary, the Applicant seeks
relief by SPECIAL PERMIT under Nantucket Zoning Bylaw §139-18B (parking
requirements) waiving the one (1) parking space required for the single-family dwelling
use of this property and relief by SPECIAL PERMIT under Nantucket Zoning Bylaw
§139-33A(8) to validate a 1978 acquisition of an adjacent land and change in the lot lines.
The Locus is nonconforming as to lot size, with the lot containing +3,890 square feet in a
district that requires a minimum lot size requirement of 5,000 square feet; as to frontage,
with the lot having frontage of 8.12 feet on Cliff Road in a district that requires a
minimum frontage requirement of fifty (50) feet; and as to side yard setback, with the
addition located as close as +3.8 feet from the westerly side lot line, and with the deck/
shed located as close as zero (0) feet from southerly side lot line in district that requires a
minimum side yard of five (5) feet.
The Premises is located at 34R Cliff Road, Assessor's Map 42.4.4, Parcels 46 and 37.2,
Plan Book 15 Page 65, Lot 4 and Land Court Plan No. 15414-C, Lot 4. The property is
zoned Residential Old Historic.
2. This decision is based upon the Application and materials submitted with it, along with
the testimony and evidence presented at the hearing. The Planning Board made an
unfavorable recommendation. One abutting property owner expressed opposition to the
application at the hearing through counsel. The southerly abutting property owner
expressed concerns about the existing size of the deck, the stairs on southerly side of the
deck, and their proximit}~~her property line. The southerly abutter requested that the deck
be pulled back and the stairs removed from her side.
-, ~OKUUSuPAr.c ~~c~..l ~~~'~~~
3. "1'he Applicant, through leer attorney, presented a plan dated December 6, 1999 by Charles
W. Hart & Associates showing the property and the existing structures thereon, Building
Permit No. 872-78 issued to prior owner, and two (2) affidavits attesting to construction of
an addition, deck and shed in 1978. According to said plan the property consists of two
(2) lots, namely Lot 4 on plan dated September 18, 1958 and recorded in Plan Book 15,
Page 65 with Nantucket Registry of Deeds (Unregistered Lot) and Lot 4 on plan
numbered 15414-C dated January 14, 1978 and filed with Certificate of Title No. 8238
with Nantucket Registry District (Registered Lot). Said Locus contains approximately
3,890 square feet, has 8.12 + feet of frontage on Cliff Road, is improved with single-
family dwelling having a ground cover of 1055 _+ square feet or about 28% of the lot area,
in a district that requires a minimum lot size of 5,000 square feet. In 1978, the previous
owner acquired the Registered Lot in order to expand the pre-1900 single-family dwelling
on the Unregistered Lot. An addition was constructed pursuant to, but not in full
conformance with, the above Building Permit, which specified that said addition was to be
set back three (3) feet from the southerly side yard lot line in conformance with the 1978
Zoning Bylaw. However, the addition is situated as close as 1.7 + feet from the southerly
yard lot line. Also in 1978, but not with benefit of any building permit, the rear deck and a
shed were constructed. The deck encroaches as much as 0.3 feet into the southerly
abutting neighbor's property and the shed lies approximately on the southerly lot line.
While these structures are technically in violation of the side yard setback requirement in
the Bylaw, they are protected from any zoning enforcement action pursuant to Bylaw
§139-25C because over 10 years has past since their construction. However, the Applicant
is willing to remove the shed and lessen the non-complying nature of the property.
Furthermore, the 1978 expansion also triggered the parking requirement of one (1) on-site
space, which was not provided at the time. However, given the irregular shape and about 8
feet of frontage on Cliff Road, it is not and has never been possible to provide a parking
space on the site. Finally, the prior owner's 1978 acquisition of the Registered Lot to '
accommodate the addition changed the lot lines of the undersized Unregistered Lot, which
requires Special Permit relief, which was not obtained. However, the change increased
size of the lot, lessening the nonconforming nature of the property.
4. Therefore, the Board finds that owing to circumstances relating to the irregular shape of
the Locus and the topography of the structure thereon, and especially affecting such land
or structure, but not affecting generally the zoning district in which the Locus is situated,
literal enforcement of the Zoning Bylaw's side yard setback requirement would involve
substantial hardship to the Applicant. Furthermore said relief may be granted to validate
this structure without substantial detriment to the public good or without nullifying or
substantially derogating from the intent or purpose of the Bylaw. The Board further finds
that waiving the parking space requirement is necessary because it is and has always been
physically impossible to provide a space on the property and said waiver would not have
an adverse impact on or be contrary to sound traffic and safety considerations, as this
parking situation has existed since sometime prior to the 1972 enactment of the Zoning
Bylaw. In addition, the Board finds that the 1978 enlargement and change in the lot lines
of this undersized lot is not substantially more detrimental to the neighborhood than the
preexisting undersized lot and did not create any new nonconformity or increase an
2
~~~oK0656Par~ 006
existing nonconformity. The enlargement of the decreased but did not eliminate the lot
size nonconformity.
5. Accordingly, by a unanimous vote, the Board GRANTS the requested VARIANCE relief
from the current five (S) foot side yard setback requirement of Zoning Bylaw § 139-16A to
validate the addition and the deck as show on a plan dated December 6, 1999 by Charles
W, TTarl ~C nssoc. and attached hereto ac rxhihit "/1"; the requested RPfiCTAT, PFRMTT
relief under Zoning Bylaw §139-18B waiving the one (1) on-site parking space required;
and the requested SPECIAL PERMIT relief under Zoning Bylaw § 139-33A(8) validating
the 1978 change in lot lines of this nonconforming Lot, upon the following conditions:
A. The non-complying shed shall be removed from the property.
B. Those portions of the deck situated within three (3) feet of the southerly side yard
lot line shall be removed. No deck shall be allowed within three (3) feet of the
southerly side yard lot line.
C. No steps are to be allowed on the southerly side of the deck
D. There shall be no expansion of the dwelling without further relief from this Board.
Dated: March Id 2000 ~ ~~ `==
William P. Hourihan
BECEtVED
TOWN CLERK'S OFFICE
NANTUCKET, MA 02554
MAR 1 0 2000
ASSN.
CLERK:~I_~c„ „~ ~~
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS -
LIST OF PARTIES IN INTERE T TN11THE MATTER OF THE PETITION OF
...na`:'rv~~t........... Y.QmQ.Y ...................
PROPERTY OWNER:...............
MAILING ADDRESS :..............22......................../..~............................... ...
PROPERTY LOCATION:........? ~ ~............t.-~.!..r.t.........~ ~...........
ASSESSORS MAP/PARCEL:.....~cx.~.~-...~~? ............................................
SUBMITTED BY:........... ......... .......... ..
SEE ATTACHED PAGES
I certify that the foregoing is a list of persons who are o~mers of abutting property, 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 o~mer's property, all as they appear
on the most recent applicable tax list. (M.G.L. c. 40A, Section 1 l Zoning Code Chapter 139.
Section 139-29D (2) ).
~~
....... .....................Q _ ... .
g/U. !... ~.U ...............
DATE ASSESSOR'S OFFICE
TOWN OF NANTUCKET
__,\
s
Offshore Beachside LTD PTNSHP
30 North Beach Street
Nantucket, MA 02554
Mary Gibson Wooten, Trustee
8101 Connecticut Avenue S-50
Chevy Chase, MD 20815
John A. Confalone
14 Otis Street
Wakefield, MA 01880
Loretta Kaplan, ETAL
586 Somerset Lane
Northfield, IL 60093
Richard E. & Alida L. Storer
16 Canterbury Drive
Georgetown, MA 01833
Something Natural, Inc.
c/o Matt Fee
50 Cliff Road
Nantucket, MA 02554
Town of Nantucket
c/o Park and Recreation
2 Bathing Beach Road
Nantucket, MA 02554
Nantucket Historical Assoc.
P.O. Box 1016
Nantucket, MA 02554-1016
The Barnes Nominee Trust
Curtis L. Barnes, Jr., Trst
Joan Barnes, Trst
12 Sunset Hill Lane
Nantucket, MA 02554
Mr. Frederick G. Gustavson
70 S State Road
Briarcliff Manor, NY 10510
Ms. Paulette K. Boling
24 Tophet Street
Lynnfield, MA 01940
Elizabeth & Horchow Routman
Sally & Pillsbury H. Regen
5722 Chatham Hill Road
Dallas, TX 75225
George M. & Kathleen Hughes
115 Franklin Street
Newton, MA 02458
Frank J. & Nancy C. Avillino
Trustees of Avellino RT
4750 NE 23=d Avenue
Ft. Lauderdale, FL 33308
Frank J. 6 Nancy C. Avillino
Trustees of Avellino RT
4750 NE 23=a Avenue
Ft. Lauderdale, FL 33308
Thomas H. & Elizabeth Broadus
10 Bowen Mill Road
Baltimore, MD 21212
James P. & Jean A. Sullivan
156 State Street
Boston, MA 02109
Steven W. & Judith I. Dammers
2 White Oak Lane
Chappaqua, NY 10514
Patricia M. Lassiter
One Concord Road
Weston, MA 02493
Edward J. ~ Suzanne M. Walton
32 Cliff Road
Nantucket, MA 02554
Estate of P. Bruce Killen
36 Cliff Road
Nantucket, MA 02554
Estate of P. Bruce Killen
36R Cliff Road
Nantucket, MA 02554
Eugene H. Clapp, III, Trustee
42 Cliff Road Nominee Trust
10 Charles River Square
Boston, MA 02114
Douglas E. Hart, Trustee ETAL
Penobscot Investment
50 Congress Street - Ste 410
Boston, MA 02109-4002
William D. 6 Barbara Stamper
46 Glen Eagles
St. Louis, MO 63124
Elizabeth E. Tilghman
Chicken Valley Road
Locust Valley, NY 11560
Stuart Rekant
Patricia Weeks
880 Fifth Avenue, Apt. 913
New York, NY 10021-4951
Mr. William D. Stamper Stephen Porter, Trustee
Ms. Barbara D. Stamper c/o D. Porter Christine M. White Cunningham
46 Glen Eagles 1155 21 Street NW 1171 Washington Street
St. Louis, MO 63124 Washington, DC 20036 W. Newton, MA 02465
r
John J. Daley, III
Dorothea J. Daley
c/o Preferred Properties
76 Easton Street
Nantucket, MA 02554
Sawb Corporation
c/o R. M. Brown
11 W 19`h Street
New York, New York 10011
C. Blount Edwards
65 Bedford Street - Apt. 1
New York, New York 10014
C. Blount Edwards
65 Bedford Street - Apt. 1
New York, New York 10014
Michael J. Bevier
Lillian R. Bevier
712 Rugby Road
Charlottesville, VA 22903
William C. & Linda P. Fowler
3106 Andrews Drive NW
Atlanta, GA 30305
CERTIFICATE NO: DATE ISSUED: ~
Application to the HISTORIC DISTRICT COMMISSION, Nantucket, Massachusetts, for a
CERTIFICATE OF APPROPRIATENESS
for structural work.
All blanks must be filled in using BLUE OR BLACK INK (no penclQ or marked N/A.
NOTE: It is strongly recommended that the applicant be familiar with the HDC guidelines, Building w/th Nantucket Jn Mfnd, prior to submittal of apptlcation.
Please see other side for aubmlttal requirements. Incomplete epplioations will not bs reviewed by the HDC.
This is a contractual agreement and must be failed out in Ink. An application is hereby made for issuance of a Certificate of Appropriateness under Chapter 395 of the Acts and
Resolves of Mass„ 1970, for proposed work as described herein and on plans, drawings and photographs axompanying this application and made a part hereof by reference.
The certificate is valid for three years from date of issuance. No §tructure may differ from the approved Application. Violation may impede issuance of Certificate of Occupancy.
PROPERTY DESCRIPTION
TAX MAP N°: ~_) PARCEL N°.
Street & Number of Proposed Work: 3`~~ ~ i_ (t ({ , ~ ~~~y~
Owner of record:'m'~ ~-~~~ t~Pt~ ~-ypy tzi'•PS-'ts7l~L~
Mailing Address: P-~ g~3
~-LAr1->~1~1G~C MA p'I~ 8~
Telephone~~y1 ~.ti~ DZ3dY(on island)~~ /UiJJ•i~J~ (off Island)
AGENT INFORM/ATION (Aif,~applicable)
Name: ~~~Y.~~n'/
Mailing Address:
Telephorrey (on islan~~~~ ~' (off Island)
'~ ._~
New Dwelling `~ Addition
Color Change 'Fence
FOR C~FICE USE ONLY
Date application received: O Fee Paid: $ OJ U -
Must be acted on by: v
Extended to:
Approved: isapp~oved:
Chairman:.
Member:
Member:
Member: ~~~
Member: ~ L
Notes -Comments -Rest lions - Conditi ns
~. i ~
DESCRIPTION OF WORK TO BE PERFORI
' See reverse }or required documentation.
O Garage ''^ Garage/Apar4r~henf' ~ ~omirtercial
I Gate f~ Paving ^ Move Building ^ Demolition
Other (please specify)
Size of StructureM ddi'on•` Laen'gthl~E_~u~ Sq. Footage 1st floor:
Widths % %a Sq. footage 2nd floor:
I,~~(/'~ ~l„--)'~-%(D-~ X 'SL~N Sq. footage 3rd floor.
floor = ~^~
Size: ~ .1st floor .2nd floor
Difference between existing grade and proposed finish grade: North South
~..
Decks: Size: ~'l!lQ ~ X ~1'U ' ' 1st floor
West
East
Height of ridge above final finish grade: North -South ~ East West ~ ~~ ~,~ ~,
G ~~ SQ .,l`,~,c-'
Addiional Remarks i 1. East Elevation. _ u~- C'k''G ~-'~'~ ~ •f~'~`~ '(c ~~`'~~^
g~(J,$~ONS• , :~!~
Historic Name: 2. South Elevation ~' CbP.ML-tZ 6N~f%n ~1GT,
wl,,a ~ NON wr4~ w~ ~~'•c. p.tx~ wait t'ii?~ ~ ~o
Original Date: 3. West Elevation y~/ytg,l ~ }ate LbQ{~Af~;fU 6~-~C v+
~ Re To 'G
Original Builder: 4. orth E ovation ~~y p ~ oµ-~1~j'firaC~ YJ`--~G ~ ~~~1~~-+~~
Is there an HDC survey form for this building? ^ Yes ^ No
I ~C ~ / DETAIL OF WORK TO BE`PERFORMED`
Foundation: Height Exposed ^ Block lock Parged ^ Brick (type)-
Masonry Chimney: ^ BlocQk Parged ^ Brick (type) ^ Other
Roof Pitch: Main M,~as~ it /12 Secondary Mass __J12 Dormer . ~ /12 Other
Roofing material: I~Asphait Manufacturer ~~~ ~~~-~-~ Fence: Height:
^ Fiberglass Manufacturer Length:
^ Wood (Type: , ~ted Cedar, White Cedar, Sh$kes, etc.)' ~ Type:
Skylights (flat only): Manufactu er }~4n ~~el No. Size. Location
Manufa'~u~er _ ~ '~ ~otiel No. Size. Location
Gutters: l~ Wood°(type) ~, ~~t~1~~ J ` 4 ~ ~~' ^ Alumiriurt~, ^ Copper
Leaders (mate I and size): ~~ .
Sidewalk. liise. cedar shingles ~ R ~ _ ^ Clapboard (exposure: inches) Front only
^ Other \
Trim: Lumber type ^ Pine ^ Redwood Cedar ^ Other
// ,,~_,~,~~ Frieze Wi o g
Windows: Double Hung L~Casement li Wood ^ Other
il~frue Divided Lights(muntins)A O Snap-in Grilles ~,~ ~1` G
' Doors (type and material): Front ~tQ Rear ~~S ~/~ `~ ~~ L (~de~~ ~ ~ (~ i ~~ ~~~
Garage Door(s): Type Material
Landscape materials: Driveways Walkways Walls _ _ - --
'Note: Complete door and window schedules are required. ---
COLORS
Sidewall Clapboard (if applicable) ~t Roof
Trim ltJ(~(t~i Sash II~A.1l'i~i Doors f'P~I-~!~ ~OP~ W
Deck ~iG~Qi }-~R'f110~ _ Foundation ~A1 ~{ F~e~ince,V.~ Shutters
* Attach manufacturer's color samples. ~iC~(Mr't'l ~' ~'~a~`~t~,~i ~ ~t
I hereby authorize the agent named above-tQ act on my behalf to make changes in the specifications or the plans~contalnea In mss appncanon in oratir w ~,~,~y ~~,o
application into compliance with the HDC guidelines. I herebyr,.agree to abide by an comp with t116ti3 sand conditions of this application. I hereby agree that the
submission of arty rgyki~on~ to this application will initiate a ne„w-sixty-day review bdAnr. _./,~`~ ~~~~.t/'_
/~~(, 1' 1" /Yf'L7Y ei...,~ un.ln~ nnnelliOC /fI IfAfI11N
Treatment Paint ^ Stain-solid ^ Natural to weather ^ Car oil finish
Dimensions: Fascia Rake Soffit~ht~fiang) Comer boards
nd w Casin Door Flame Posts: Round Square
^ Historical Renovation ^ Deck Steps
^ Revisions to previous Cert. No. _
Shed
of existing elevations.
^ Poured Concrete ^ Piers
ZONING CLASSIFICATION: .R :'°~. .
I.II~J. FRONTAGE: . . .~~. ~:T . .
FRONT YARD S.B.: .. ~`.rO^/:E: ,
REAR k SIDE S.B.: ~' .f'?'..
GROUND COVER (x): . ~. ~ °% . .
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I CERTIFY, AS OF : .THAT
THE BUILDING(S) lS/ARE LOCATED ON THE
GROUND AS SHOWN HEREON.
.4~D PROPO5~7~ ST"RVCTIJR.~'S
.9-G-op
PROFESSIONAL LAND SURVEYOR
THIS PLOT PLAN WAS PREPARED FOR THE TOWN
OF NANTUCKET BUILDING DEPARTI.IENT ONLY AND
SHOULD NO.T BE CONSIDERED A PROPERTY UNE
SURVEY. TH1S PIAJJ SHOULD NOT BE llSED TO
ESTABLISH PROPERTY C OG OR
ANY ANCILLARY STRUCTURES ON THE PREJUISES:
THE PROPERTY ONES SHOWN RELY ON CURRENT
DEEDS AND PLANS OF RECORD.
TH1S PLOT PLAN !S N07 A CERTTFlCAT'10N AS TO
TITLE OR OWNERSHIP OF THE PROPERTY• SHOWN.
OWNERS OF ADJOINING PROPERTIES ARE SHOWN
ACCORDING TO CURRENT ASSESSOR RI~~~RD~
ASSESSOR MAP:'~2•:¢:'¢ PARCEL• ,3,7 2, .
Q_,S~.D .4 D7) i T11~ IY
.sbPPROx. G.C. = 38 ~ S•F"
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BUILDING ~~~LOCATION PLAN I
0~ uAND !N
NANTUCKET, MASS .
R~ y. 9 - G - 00
SCALE: 1"= 2 0 ~ DATE: ~' - z-¢ - o 0
Owner.~oo;vG, .S!STiE125 12~-,a~,7-Y
TRUST ,OoTg ; %5'-G.?'.&
Deed: ~~"7- /off ~. .Plan ~-o~" :g.~ .
*LOCW .•3~: R. ~~-OF'F'. Rte:
CHABI,ES ~f. HART do ASSOCIATES, Inc.
SAI~+`ORD'; B09T BUII.DING
.4~ SPARKS AVENUE
NINTUCKET, l~1l.4S. 02554
D~ BE RE (50$j 228-8910 H-,895
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