HomeMy WebLinkAbout109-98TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: March ~ 9 19 99
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.:
Owner/Applicant:
109-98
JOHN J. KENNEDY AND ANNE L. KENNEDY
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.
Dale W. Waine ~ Chairman
cc: Town Clerk
Planning Board
Building Commissioner
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME
LIMJT 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
Assessor's Map No. 44 82 Polpis Road
Parcel No. 25.6 Deed Reference:
LUG-1 Book 563, Page 294
At a public hearing of the Nantucket Zoning Board of Appeals
held at 1:00 p.m., Friday, November 20, 1998 in the Conference
Room, Town Annex Building, 37 Washington Strest, ~antucket,
Massachusetts, on the application of JOHN J. KENNEDY and ANNE L.
KENNEDY, c/o Theodore L. Tillotson, P.C., P.O. Box 1530,
Nantucket, Massachusetts 02554-1530, Board of Appeals File No.
109-98, the Board made the followiaq decision:
1. Applicants are seeking relief by SPECIAL PERMIT under
Nantucket Zoning Ey-Loa Section 139-33A(5) (alteration/expansion
of a pre-existing nonconforming structure/use). Applicants
propose to construct an exterior chimney approximately seven (7)
feet at its closest point, rather than outside of the required
ten (10) foot side yard setback area, and to relocate the side
door and steps further to the northwest on the northeasterly side
of the said to be pre-existing single-family dwelling. The Locus
is nonconforming as to side yard setback with the 951+ square-
foot dwelling being sited 9.2?+ feet at its closest point from
the southwesterly side yard lot line, with a set of stairs being
sited 2.?4+ feet at its closest point from the same lot line.
The new chimney and steps would not come any closer to that lot
line than the existing structure and steps. The Locus also
contains a 725+ square-foot secondary dwelling to the northeast
of the subject structure.
The premises is located at 82 POLPIS ROAD, Assessor's
Map 44, Parcel 25.6, Plan book 19, Page 77, Lot 12. The property
is zoned Limited-Use-General-1.
2. The Decision is based upon the Application and the
materials submitted with it and the testimony and evidence
submnitted 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 one spoke in opposition to the
Applicant's request.
3. Applicants, through counsel, represeated that the
existing duelling, constructed in 1978, intrudes upon the ten
(10) foot sideline setback by a distance of approximately one-
w
s
quarter of a foot and that the access stairs to the dwelling
intrude approximately seven and one-quarter (7 fit) feet into the
same sideline setback. Applicant further represented that it had
received approval from the Historic District Coamiission
(Certificate of Appropriateness No. 32,966) to construct an
exterior chimney which would intrude approximately three (3) feet
into the sideline setback; and also, to relocate and redesign the
access stairway as a friendship stairway which will not intrude
into the setback as far as the existing stairway. Soth the
chimney and the stairway will be located on the southwesterly
side of the subject dwelling unit but come no closer to that side
yard lot line than the existing nonconforming structure.
4. Therefore, the Board finds that the construction of the
chimney and the reconstruction of the access stairway does not
increase the side yard intrusion therefore, the Board further
finds that the grant of the requested relief would not be
substantially more detrimental to the neighborhood than the
existing nonconformities.
5. Accordingly, by a unanimous vote, the Board grants the
requested SPECIAL PERMIT under. Nantucket Zoning By-Lax Section
139-33A to allow the construction of the ext~~ior chimney and the
reconstruction and relocation of the access stairway as proposed
and Will came no closer to the southwesterly side yard lot line
than 2.74 feet upon the following condition:
a.) All work shall be done substantially in accordance
with Certificate of Appropriateness No. 32,966 issued by the
Historic District Commission.
'~~''~~ ~ ~, 1999
DECEIVED
roWN CLERK'S OFFICE
NANTUCKET, IVIq p2554
-~~~ 1 9 1999
I~-~E: 3 .' 3 ~ ~.,
~~sl-. ~~'_,_
J
Dale W. Waive, Chairman
TOWN OF NANTUCKET
BOARD OF APPEALS
To: Parties
Decision of
following:
Date: March ~ 9 19 99
NANTUCKET, MASSACHUSETTS 02554
in Interest and. Others concerned with the
the BOARD OF APPEALS in the Application of the
Application No.:
Owner/Applicant:
109-98
JOHN J. KENNEDY '
Enclosed is the Decision of t
this day been filed in the of:
Clerk.
~~ ~
KENNEDY
Thich has
_~~xet Town
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.
Dale W. Waine ~ 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
Assessor's Map No. 44 82 Polpis Road
Parcel No. 25.6 Deed Reference:
LUG-1 Book 563, Paqe 294
At a public hearing of the Nantucket Zoning Board of Appeals
held at 1:00 p.m., Friday, November 20, 1998 in the Conference
Room, Town Annex Building, 37 Washington Street, ~antucket,
Massachusetts, on the application of JOHN J. KENNEDY and ANNE L.
KENNEDY, c/O Theodore L. Tillotson, P.C., P.O. BOX 1530,
Nantucket, Massachusetts 02554-1530, Board of Appeals File No.
109-98, the Board made the foiloainq decision:
1. Applicants are seeking relief by SPECIAL PERMIT under
Nantucket Zoning By-Lavt Section 139-33A(5) (alteration/expansion
of a pre-existing nonconforming structure/use). Applicants
propose to construct an exterior chimney approximately seven (7)
feet at its closest point, rather than outside Of the required
ten (10) foot side yard setback area, and to relocate the side
door and steps further to the northwest on the northeasterly side
of the said to be pre-existing single-family dwelling. The Locus
is nonconforming as to side yard setback with the 951+ square-
foot dwelling being sited 9.27+ feet at its closest point from
the southwesterly side yard lot line, with a set of stairs being
sited 2.79+ feet at its closest point from the same lot line.
The new chimney and steps would not come any closer to that lot
line than the existing structure and steps. The Locus also
contains a 725+ square-foot secondary dwelling to the northeast
of the subject structure.
The premises is located at 82 POLPIS ROAD, Assessor's
Map 44, Parcel 25.6, Plan book 19, Page 77, Lot 12. The property
is zoned Limited-Use-General-1.
2. The Decision is based upon the Application and the
materials submitted with it and the testimony and evidence
submnitted 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 one spoke in opposition to the
Applicant's request.
3. Applicants, through counsel, represented that the
existing dwelling, constructed in 1978, .intrudes upon the ten
(10) foot sideline setback by a distance of approximately one-
quarter o£ a foot and that the access stairs to the dwelling
intrude approximately seven and one-quarter (7 'K) feet into the
seams sideline setback. Applicant further represented that it had
received approval from the Historic District Commission
(Certificate of Appropriateness No. 32,966) to construct an
exte7Cior Chimney Nhich would intrude approximately three (3) feet
into the sideline setback; and also, to relocate and redesign the
access stairway as a friendship stairway which will not intrude
into the setback as far as the existing stairway. Both the
chimney and the stairway will be located on the southwesterly
side of the subject dwelling unit but come no closer to that side
yard lot line than the existing nonconforming structure.
4. Therefore, the Board finds that the construction of the
chimney and the reconstruction of the access stairway does not
increase the aide yard intrusion therefore, the Board further
finds that the grant of the requested relief would not be
substantially more detrimental to the neighborhood than the
existing nonconformities.
5. Accordingly, by a unanimous vote, the Board grants the
requested SPECIAL PERMIT under. Nantucket Zoning By-Law Section
139-33A to allow the construction of the exterior chimney and the
reconstruction and relocation of the access stairway as proposed
and will come no closer to the southwesterly side yard lot line
than 2.74 feet upon the following condition:
a.) All xork shall be done substantially in accordance
with Certificate of Appropriateness No. 32,966 issued by the
Historic District Commission.
~9 "r.A,r'~ ~ C I , 19 9 9
~=iECE(VEI~
U W~,~ G~ERK'S OFf=ICE
VANrU~:KET Mq 0255~i
~f'! f~ 1 9 19~
________
f-1,~1-. --- -----------.-
J
Dale W. Waive, Chairman
William P
F
~z~~,ti~~ ti~-
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, NOVEMBER 20, 1998, in the CONFERENCE
ROOM, TOWN ANNEX BUILDING, 37 WASHINGTON STREET, Nantucket,
Massachusetts, on the Application of the following:
JOHN J. AND ANNE L. KENNEDY
BOARD OF APPEALS FILE N0. 109-98
Applicants are seeking relief by SPECIAL PERMIT under Nantucket
Zoning By-Law §139-33A(5) (alteration/expansion of a pre-existing
nonconforming structure/use). Applicants propose to construct an
exterior chimney approximately seven (7)'.feet at its closest point,
rather than outside of the required 10-foot side yard setback area,
and to relocate the side door and steps further to the northwest on
the northeasterly side of the said to be pre-existing single-family
dwelling. The Locus is nonconforming as to side yard setback with the
951+ square-foot dwelling being sited 9.27+ feet at its closest point
from the southwesterly side yard lot line, with a set of stairs being
sited 2.74+ feet at its closest point from the same lot line. The new
chimney and steps would not come any closer to that lot line than the
existing structure and steps. The Locus also contains a 725±
square-foot single-family dwelling sited to the northeast of the
subject structure.
The Premises is located at 82 POLPIS ROAD, Assessor's Map 44,
Parcel 25.6, Plan Book 19, Page 77, Lot 12. The property is zoned
Limited-Use-General-l.
TMIS NOTICE IS AVAILABLE
ALTERNATIVE. FORMATS:
(50~~ ~~8=721 ~ . ~ _ __ , _
Dale W. Waine, Chairman
IN LARGE PRINT OR CQTHER
FOR ASSISTANCE LALL _ _.__ _~
•
BoA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS Date
TOWN AND COIINTY BUILDING -~/.(L
NANTUCKET, MA 02554 CASE No ~~
gppL CATION FOR RELIEF
Owner' s name (s) KENNEDY, JOHN J. and ANNE L.
c o eo ore L. Tillotson, P.C.
Mailing address' P 0 Box 1530, Nantucket, Massachusetts 0255~~
Applicant' s name: Same
Mailing address:
Location of lot: Assessor's map and parcel number 44 - 25.6
Street address : 82 Polpis Road
Registry Plan Bk & Pg X~XXFe 19-~? Lot 12
Date lot acquired: ~ 13 98 Deed Ref 563,? Zoning district LUG-1
MCD?
Uses on lot - commercial: None X or
- number of: dwellings 2 duplex 0 apartments_~ rental roomsQ_
or 1980 C of 0? Y
Building date(s): all pre-8/72?
Building Permit appl'n. Nos. 904-78
Case Nos. all BoA applications, lawsuits: None
State fully all zoning relief sought and respective Code sections
and subsections, specifically what you propose compared er Section
and what grounds you urge for BoA to make each finding p
139-32A if Variance, 139-30A if a Special Permiealaner113933~A
~ if to alter or extend a noncon~ormiealede)OKltoaattachpaddendum .
& B _ attach decision or order app
See Addendum Attached and Made a Part Hereof
RECEIVED
TOWN CLERK'S OFFICE
NANTUCKET, MA 02554
NOU 0 4 1998
TIME:
Items enclosed as part of this Application: orderl addendum2 x
Locus map x Site plan showing present x +planned x structures
Floor plans present proposed elevations (HDC approved?_)
Listings lot area X~rontage X setbacks x GCR X_ parking data
Assessor-certifie3 addressee Ii t 4 sets X ma~ling labels 2 setsx
8S200 fee a ab a to Town of Nantucket X proof 'cap' covenant
1(If an ap Y sk Clerk to senc~i-Bldg Comr s record to BoA.)
I certif that t re est d information submitted is substantially
complete nd tru to h st of my knowledge, under the pains and
penalties o ur
SIGNATURE: Applicant Attorney/agent X
T odore L. illotson
3(If not own r or owner's attorney, enclose proof of authority)
FOR ~ BoA~FFICE USE ~ ~jb ~ i~~" ``~
~ 4 l/ or f or BoA on~___/~0 Y
Application copies rec d J
One copy filed with Town Clerk on U~~G~~Y complete?
One copy each to Planning Bd and Building Dept ~ ~ ~bY ~~'~i2~
$200 fee check given Town Treasurer on~~„/ by waived?~'
Hearing notice posted~/~~~ maile~~_,/~=0 ~ & M~~~,~' ~~~_.J~
Hearing(s) on~~_ cont'd to~~_, ~~- withdrawn?~~._
Decision due by~~,_ made~~_ filed TC_/~,_ mailed~~_
See related cases lawsuits other
Addendum Annexed to Application of
John J. and Anne L. Kennedy
to the Nantucket Zoning Board of Appeals
ZONING: LUG-1 EXISTING
Minimum Lot Size: 40,000 s.f. 52,542 sq. ft.
Minimum Frontage: 100
Setbacks:
Front 35
Side 10
Rear 10
Ground Cover Ratio: 7
Parking: 2
REQUESTED RELIEF:
ft. 185 ft.
ft. 145 ft. +
ft. 2.74 ft. & 190 ft.+
ft. 80 ft. +
~ 3~
2
Applicant applies for a Special Permit under the provisions
of Chapter 139-33(A)(5) of the Zoning Code to allow the
construction of an exterior chimney within the side-yard setback
and to relocate the side door and steps further to the northwest
on the northeasterly side of the dwelling house. When
constructed, the chimney will be seven (7) feet from the sideline
instead of the minimum ten (10) feet. Cu rentl the dwelling is
nine and 27/100 (9.27) feet from the sideline and
the existing stairways on that side of the dwelling are two and
74/100 (2.74) feet and six and 27/100 (6.27) feet from the same
sideline and when the stairway is relocated it will not be any
closer to the sideline than at present. The issuance of the
Special Permit requested is appropriate as the existing non-
conforming distance is not made more non-conforming and the
extension of the chimney an additional two (2) feet into the
sideline setback and relocation of the stairway is not
substantially more detrimental to the neighborhood.
9.75' to
of
f~DR1SED GN l NI UE'1
IG.C~~L-,G.K. _ _
'T.D F"KoK i 1~ 9.740 ti
' I CERTIFY THAT AS A RESULT OF
A SURVEY MADE ON THE GROUND,
THAT THE STRUCTURE IS LOCATED
ON THE LOT AS SHOWN WITH NO
VISIBLE ENCROACHMENTS, AND DID NOT
COMPLY WITH THE ZONING SETBACKS
IN EFFECT AT THE TIME OF CONST-
RUCTI^N. THE SITE IS SITUATED IN
ZONE C OF THE F'.E.h1.A.
MAP SHEET .# 0009 D
COMMUNITY #250230,' .~...
`"~---
J N J. SHU RUE PLS
DATES FEBUARY 10. 1998
ASSESSORS:~MAP 44
H
N
.O
N
,,
ZONINGS LUG-1
MINIMUM LOT SIZES 40,000 S.F.
MINIMUM FRONTAGES 100 FT
FRONT,YARD SETBACK~35 FT
REAR & SIDE SETBACKt 10 FT
GROUND COVER RATIOS 7%
PLOT PLAN ~OF LAND IN
NANTUCKET, MA
SCALES 1'= 50'
DATEt FEBUARY 10, 1998
JOHN J. SHUGRUE, INC.
57 OLD SOUTH ROAD
NANTUCKET, MA 02554
FORS JOHN L. & ANNE L. KENNEDY
UNITED STATES TRUST
COMPANY of NEW YORK
PARCEL NO. 25.6
Pa~PIS RoA
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2-89
NANTUCKET ZONING BOARD OF APPEALS
TOWN.AND COUNTY BUILDING
NP?~ITUCKET, MA 02554
ASSES FtS ?, ST OF PA~tTIE N T_NTEREST
~v~ ~ ~o (~.t ~ ~ v~Q ~. o
PROPERTY OWNER: ~ (~ a S b~ ~-~`~.t,
APPLICANT FOR RELIEr (SAME?~)
ADDRESS OF PROPERTY : 8 O ( ~ ~a~
ASSESSORS MAP & PARCEL: `T~-- 2,5.
LIST OF PARTIES INCLUDING ADDRESSES*(OR SEE ATTACHED
I certify that the foregoing (or the attached ) lists
all persons natural or legal, who are owners of abutting
property owners of land directly opposite cn any public
or private street or way; and abutters of the abutters a:~d
all other land owners within three hundred feet of the
property line of Owner's property, as they ( and their
address) appear on the most recent applicable tax list
{per M.G.L. c. 40A, Section 11 Zoning Code Chapter 139,
Section 139-29D (2)}.
~/~/~~
Date P.sses ors Office
Town of Narituc~cet
xNOTE: Applicant (petitioner) should include with the lot
for which zoning relief is sought, any com-nonly-owned
abutting lots which might beco^~e involved in the zoninc
matter. List rape. ar,d parcels for eac}-: abutter.
`~ SEP i I~J~
--- -_
09/09/98
• TOWN OF NANTUCKET
08:24:12 OWNER'S MAILING ADDRESS LIST
Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Pr operty Location
0044 00257 *PERRY KATE D & LYMAN S A TRS 311 NORTH NEWTON STREET ROAD 0078 POLPIS RD
NEWTOWN SQUARE PA 19073
0044 00255 HUTTON WILLIAM E & JOAN CHAPIN 0680 CHICKEN VALLEY RD 0084 POLPIS RD
LOCUST VALLEY NY 11560
0044 00254 WARMS LEON J & RUTH H T RUTS 750 PALM AVE 0086 POLPIS RD
EIGHTY-SIX POLPIS RD TRUST BOLA RAYON FL 33432
0044 00237 MAURY MICHELLE B TR 0087 POLPIS RD 0089 POLPIS RD
MICHELLE B MAURY TRUST NANTUCKET MA 02554
0044 0063 MAURY LAWRENCE M TR 0087 POLPIS RD 0087 POLPIS RD
LAWRENCE MAURY FAMILY TR NANTUCKET MA 02554
0044 00235 OLNEY MOLLY P 0083 POLPIS RD 0083 POLPIS RD
PO BOX 1172 NANTUCKET MA 02554
0044 00234 WEBER MARK A & PAUL F 0101 OLD KINGS HGWY SOUTH 0081 POLPIS RD
DARIEN CT 06820
0044 00233 HOLDGATE NANCY BARYON FKA DAVI 0079 POLPIS RD 0079 POLPIS RD
PO BOX 3387 NANTUCKET MA 02584
0044 00232 YOUNG ROBERT A 0077 POLPIS RD 0077 POLPIS RD
NANTUCKET MA 02554
0044 0028 NANTUCKET CONSERVATION FOUND I PO BOX 13 0011 CONSERVATION AV
NANTUCKET MA 02554
0044 0029 NANTUCKET CONSERVATION FOUND I PO BOX 13 0011 CONSERVATION AV
NANTUCKET MA 02554
0044 0030 NANTUCKET CONSERVATION FOUND I PO BOX 13 0011 CONSERVATION AV
NANTUCKET MA 02554
0043 0194 NANTUCKET CONSERVATION FOUND I PO BOX 13 0003 CONSERVATION AV
NANTUCKET MA 02554
0043 0193 NANTUCKET CONSERVATION FOUND I PO BOX 13 0001 CONSERVATION AV
NANTUCKET MA 02554
0043 0192 NANTUCKET CONSERVATION FOUND I PO BOX 13 0007 RABBIT RUN RD
NANTUCKET MA 02554
0043 0191 NANTUCKET CONSERVATION FOUND I PO BOX 13 0005 RABBIT RUN RD
NANTUCKET MA 02554
0043 0190 NANTUCKET CONSERVATION FOUND I PO BOX 13 0003 RABBIT RUN RD
NANTUCKET MA 02554
p043 0177 MURRAY RALPH L & DORIS A PO BOX 1882 0076 POLPIS RD
NANTUCKET MA 02554
PAGE 1
MUAS750 8.5
NUMBER OF RECORDS = 18