HomeMy WebLinkAbout003-99TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date : 7``~ ~~~ /~, 19 99
Owner/Applicant: ARTHUR E. LEVINE AND LAUREN LEICHTMAN,
To: Parties
Decision of
following:
in Interest and_Others concerned with the
the BOARD OF APPEALS in the Application of the
TRUSTEES OF CAPITAL PARTNERS REALTY 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.
1 {
Linda F. Williams' hairman (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 §139-30I (SPECIAL PERMITS); §139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
Application No.: 003-99
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Assessor's Map 42.3.3 5 Pleasant Street
Parcel 156 Plan Book 19, Page 108
Residential Old Historic Deed Reference: Book 592, Page 68
At a pulbic hearing of the Nantucket Zoning Board of Appeals held at
1:OOp.m., Friday, January 8, 1999 in the Conference Room, Town Annex
Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of
ARTHUR E. LEVINE AND LAUREN LEICHTMAN, TRUSTEES OF
CAPITAL PARTNERS REALTY TRUST, of 5 Pleasant Street, Nantucket,
Massachusetts 02554, Board of Appeals File No. 003-99, the Board made the
following decision:
1. Applicants are seeking relief by Special Permit under Nantucket
Zoning By-Law section 139-33A(4)(a) and (b), alteration expansion of a pre-
existing, non-conforming structure/use. Applicants propose to construct two (2)
dormers on the rear westerly portion of the main part of the existing single-family
dwelling and to convert a window to a door opening onto a balcony also on the
westerly side of the dwelling. The southernmost dormer would encroach upon the
required five foot side yard setback area by approximately two (2) feet though
come no closer to the southerly side yard lot line than the existing structure which
is sited at 0' feet from said lot line. The dormers would be located above the
maximum allowed height of thirty (30) feet at approximately 34.5 feet above the
elevation grade though be no higher than the existing roof ridge height. The
construction of the balcony is alleged to not increase the non-conforming nature
of the structure and would be less non-conforming than the existing structure.
The locus is also non-conforming as to lot size having a lot area of 4,404 +/-
square feet in a district that requires a minimum lot size of 5,000 square feet; as
to ground cover having a ground cover ratio of 39% +/- having a ground cover
ratio of 30% for undersized lots; and as to frontage having a frontage of 49.06
+/- feet in a district that requires a minimum frontage of fifty (50) feet; and as
to parking with there being no parking space provided on site and none planned.
The Premises is located at 5 Pleasant Street, Assessor's Map 42.3.3,
Parcel 156, Plan Book 19, Page 108. The property is zoned Residential Old
Historic.
2. The Decision is based upon the Application and the materials
submitted with it and the testimony and evidence presented at the hearing. The
Planning Board made no recommendation as the matter was not a planning
concern. There were no letters on file. An abutting homeowner spoke through
counsel on behalf of that portion of the requested relief that related to the
proposed dormers only.
3. Applicants, through counsel, opened the presentation and requested
a withdrawal without prejudice of that portion of the Application for relief
concerning the conversion of a window to a door opening onto a balcony on the
westerly side of the dwelling. Upon a motion made and duly seconded, the
Board, by UNANIMOUS vote, granted the withdrawal without prejudice of that
portion of the Applicants' requested relief.
4. Applicants, through counsel, represented that though both dormers
would have a finished height higher than the thirty (30') foot maximum allowed
under the Zoning By-Law, the dormers would be no higher than the pre-existing,
non-conforming roof ridge height of 34' 6" +I-. Applicants' counsel stated that
similar kinds of relief have been granted on different occasions by the Zoning
Board of Appeals and is consistent with the spirit and intent of the By-Law given
that the Premises was constructed well before the turn of the century. Applicants'
counsel testified that the construction of the southern-most dormer, that is, the one
encroaching the required five foot side yard setback by two (2' +/-) feet was
proposed in the setback due to the location of a roof line of a perpendicular two
and one-half storey rear addition to the three storey single-family dwelling.
Applicants further represented that Certificate of Appropriateness No. 32936 had
been issued for the two dormers by the Nantucket Historic District Commission.
5. Therefore, the Board finds that the alteration and expansion of the
structure as proposed would be an increase in the non-conforming nature of the
setback intrusion as well as the non-conformity of the single-family dwelling
height. In addition, the Board finds that said increase would not be substantially
more detrimental to the neighborhood than the existing non-conformities with the
addition of the two (2) dormers on the rear westerly portion of the main part of
the existing single-family dwelling having virtually no impact on the surrounding
neighborhood.
6. Accordingly, by a UNANIMOUS vote, the Board grants the
requested Special Permit under Nantucket Zoning By-Law, section 139-33A(4)(a)
and (b) to construct two (2) new dormers upon the following condition:
(a) The dormers shall be constructed in substantial conformity with
Certificate of Appropriateness No. 32936.
~~ ~'~ 0 ~ ~-, 1999
RECEIVED
TOWN CLERK'S OFFICE
NANTUCKET, MA 02554
a= i_: ~ 12 1999
DIME:
CLERK:
WP99\HUN'fER\I.E VIIVA\spxialp
William P. Hourihan, Jr.
~ C
Linda F. Williams
ichae J. O'Mara
- ~- ~--
Nancy Sevrens
D. Neil Parent
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, JANUARY 8, 1999, in the Conference Room,
Town Annex Building, 37 Washington Street, Nantucket, Massachusetts,
on the Application of the following:
ARTHUR E. LEVINE AND LAUREN LEICHTMEN, TRUSTEES OF CAPITAL PARTNERS
REALTY TRUST
BOARD OF APPEALS FILE N0. 003-99
Applicants are seeking relief by SPECIAL PERMIT under Nantucket
Zoning By-Law §139-33A (alteration/expansion of a pre-existing
nonconforming structure/use). Applicants propose to construct two (2)
dormers on the rear westerly portion of the main part of the existing
single-family dwelling and to convert a window to a door opening onto
a balcony also on the westerly side of the dwelling. The southernmost
dormer would encroach upon the required five-foot side yard setback
area by approximately two (2) feet though come no closer to the
southerly side yard lot line than the existing structure which is
sited at zero feet from said lot line. The dormers would be located
above the maximum allowed height of 30 feet at approximately 34.5 feet
above the elevation grade though be no higher than the existing roof
ridge height. The construction of the balcony is alleged to not
increase the nonconforming nature of the structure and would be less
nonconforming than the existing structure. The Locus is also
nonconforming as to lot size having a lot area of 4,404+ square feet
in a district that requires a minimum lot size of 5,000 square feet;
as to ground cover having a ground cover ratio of 39+% in a district
that allows a maximum ground cover ratio of 30% for undersized lots;
as to frontage having a frontage of 49.06+ feet in a district that
requires a minimum frontage of 50 feet; and as to parking with there
being no parking space provided on site and none planned.
The Premises is located at 5 PLEASANT STREET, Assessor's Map
42.3.3, Parcel 156, Plan Book 19, Page 108. The property is zoned
Residential-Old-Historic.
Dale ,W. Waive, Chairman
THIS NOTICE IS AVAILABLE IN LARGE PRINT 0'R QTHER
ALTERNATIVE.
(5~8~~_~~$=721 ~.
FORMATS
FOR ASSISTANCE LALL
BoA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS
TONN AND COUNTY BIIILDINCi~ ~ Date
'NANTUCKET, MA 02554 -~
• APPLICATION FOR RELIEF CASE.NO.~
Owner's name(s): Arthur E. Levine add Lauren B. Leichtman, Trustees of Capital Partners
Mailing address:CLn_Yauvhan and -alP p (' ~ p p Rox h59, pant .r krt~ MAea07554 rust
Applicant's name: same
Mailing address: same
Location of lot: Assessor's map and parcel number 4233 - 156
Street address: 5 Pleasant Street
Registry Land Ct Plan, Plan Bk & Pg or Plan File Book 19 Lot Page 108
Date lot acquired: ~/~~ Deed Ref59~,~ Zoning district xnu
Uses on lot - commercial: None % or MCD?_
- number of: dwellings 1 duplex_ apartments_ rental rooms_
Building date(s): all pre-8/72? x or C of 0?_
Building Permit appl'.n. Nos. ~ ~ ''
Case Nos. all BoA applications, lawsuits: _ / (-
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 to make each finding per section
139-32A if Variance, 139-30A if a Special Permit,(;~:T1d.139-33A
x iP to alter or•••extend 'a nonconforming use) .' If appeal per '].39-3~A
& B _ , attach decision or order appealed. OK to attach addendum .
See Addendum Attached hereto
• J}
Items enclosed as part of this Application: orderl addendum2
Locus map____ Site plan x showing present x 4planned x "structures
Floor plans present proposed x elevations x (HDC-approved?_)
. Listings lot area x frontage x setbacks x GCRx parking data RECEIVED
Assessor-certifiecTaddressee Iist 4 sets ma~.ling label 2 sets TOWN CLERK'S OFFICE
~20o fee payabl.e._.to_.~o.wn • of Nantucket proof . p' ~ ~ NANTUCKET, MA 02554
ca b tenant _
(IP an appeal, ask Town Clerk to sen Bldg Com s record to BoA.r
I certify that the requested information submitted is substantially DEC 2 1 1998
complete an true,to a bestvof my knowledge, under the gains and
pezYalties of perjury ...~., •. ..,: TIME: ~~: ~ A,~
SIGNATURE: ~ ~ pplicant Attorney/agent x ~~•
W 1 am unter, Esquire CLERK:-X 1-..CJ
3(IP not own r ner's attorney, enclose proof of authority)
FOR Bo OFFICE USE
•-~ ~--'
Application copies reed: •4_____ or,_~~ for BoA on~ ~-~~~
One copy filed with Town Clerk on_~L~
~bY complete?(~
One copy each.,to Planning,Bd and Buildin~c~,De t // b
$200 Pee check given~Town Treasurer on~ by waived?_
Hearing notice poste~_// [~~1~ailed~2 I & M,~ • ~~LJf~
Hearing (s) on_/~_ cont' d to_/_/_, ~~_ withdrawn?_„/~_
Decision due by~~_ made___/~_ filed. TC
_./_,_/_ ma i 1 e d_/~_
See related cases lawsuits „~h,,..
ADDENDUM
The Applicants, Arthur E. Levine and Lauren B. Leichtman, Trustees of
the Capital Partners Realty Trust, seek a SPECIAL PERMIT pursuant to Section
139-33(4)(a) and (b) of the Nantucket Zoning By-Law (the "By-law") and
Massachusetts General Laws Chapter 40A, Section 6. The Applicants are
requesting the SPECIAL PERMIT to construct roof dormers on the rear (west)
side of the single family dwelling and to convert a window to a door opening onto
a small balcony on the south side of the dwelling. The dwelling is located at 5
Pleasant Street (the "Premises"). The Premises is located in the Residential Old
Historic District.
The Premises consists of a lot of land approximately 4,404 square feet in
size as improved by a three-story single-family-dwelling. The lot of land is non-
conforming as to lot size being situated in a Zoning District with a minimum lot
size of 5,000 square feet. The Premises is non-conforming as to side yard setback
being 0.07 feet, at its closest point, from the southernmost property line in a
Zoning District with a minimum side yard setback requirement of five (5) feet.
The Premises is non-conforming as to ground cover ratio having a ground cover
of approximately 39% in a Zoning District that allows 30% ground cover for lots
containing less than 5,000 square feet. The Premises is non-conforming as to
frontage having a frontage of 49.06 feet on Pleasant Street in a Zoning District
with a minimum frontage requirement of fifty (50) feet. The Premises is non-
conforming as to front yard setback with a stoop encroaching, at its greatest point,
0.16 feet on to Pleasant Street in a Zoning District with a front yard setback
requirement of zero (0) feet. The Premises is non-conforming as to height, being
higher than thirty (30) feet in excess of the height limitations of By-law Section
139-17.
The Applicants propose to build two new dormers at the rear, third story
of the structure. The southernmost dormer would encroach the 5 foot side yard
setback on the southerly side of the Premises by approximately two (2) feet.
Additionally, both dormers would have a finished height of approximately 34.5
feet above the west elevation grade.
The Applicants also wish toconvert apre-existing non-conforming window
on the south elevation to a single french door opening onto a balcony
approximately four (4) feet in width by three and one half (3.5') feet deep.
The new dormers do not increase the non-conformity in height or set back
encroachments as they are lower in height and, in the case of the southern
dormer, less non-conforming as to set back requirements (see the Plan attached
as Exhibit "A") than the existing structure.
The proposed conversion of a window to a door and construction of a
small balcony does not increase the non-conforming nature of the structure and
will be less non-conforming than the existing structure. Furthermore, the
proposed new dormers and balcony are minor renovations to the structure, are
consistent with the historic nature of the structure and surrounding dwellings, and
as a result, are not substantially more detrimental to the neighborhood. By
granting the SPECIAL PERMIT the Board would be acting in a manner consistent
with the spirit and intent of Section 139-33A of the By-law.
The Applicant respectfully requests that the Board vote in favor of the
requested SPECIAL PERMIT.
LEVIIdE\specialp
-- 2-89
3 _-~-1
P7AForm ~ - _; - =-- -. -_ -~\\11
f NAN'T'UCKET ZONING BOARD OF NG FAT,$ '=.-- . ~_ ~ - ~- --,`.; ~ ~~
TOWN AND COUNTY BUILDI -i;~~
ji! ~ ~
NANTUCKET , MA 0 2 5 5 4 ~ ~,' ,, Sip 2 4 ~~ ~~i': ,'
~ ~~
ASSESSOR' S LIST OF PARTIES IN INTEREST;,-~~~;~ ~ _~
~-- ~~~~
-t~~~ a .1-~ ~
PROPERTY OWNER: I~ ~ ~~
APPLICANT FOR RELIEF (S E? " )~
ADDRESS OF PROPERTY:
ASSESSOR' S MAP - PARCEL : ~2•~' ~ -
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
ublic or private street or way; and abutters of
directly opposite on any p
the abutters and all other landtownasstheyh(and theiruaddress)eappear on
property line of Owner's prope y, c.40A, §11 and Zoning Code
the most recent applicable tax list [per M
Chapter 139, §1:39-29D (2) ] .
Z~ ~~ Assessor's Office
Date Town of Nantucket
*NOTE: Applicant (Petitioner) should include lots which might becomezoning
relief is sought, any commonly-owned abutting
involved in the zoning matter. List map and parcels for each abutter.
Submitted b~ha~ ai dQD le, P . C .
Date: 1
Client:
jah/PORMS/boa
09/29f98 ~ TOWN OF NANTUCKET
"15:15.44 OWNER'S MAILING ADDRESS LIST
lap Block Lot Owner's/Co-Owner's Nave Mailing Address/City State Zip Property Location •'
+233 0064 CLAUSS ROY S & KATHRYN H 428 ROUND HILL RD 0090 MAIN ST
GREENWICH CT 06831
:233 0063 *COOLEY ANDREW J & MARY B 260 CHEROKEE ROAD 0092 MAIN ST
CHARLOTTE NC 28207
+233 0062 LODGE JOHN A E KATHERINE F J S C094 MAIN ST 0094 MAIN ST
NANTUCKcT MA 02554
;233 0061 NANTUCKET HISTORICAL ASSN PO BOX 1016 0096 MAIN ST
NANTUCKET MA 02554
;233 0113 NANTUCKe"T HISTORICAL ASSN PO BOX 1016 0002 PLEASANT ST
NANTUCKET MA 02554
+233 0114 SHARE ELIZABETH TR 12312 WEDGETON LN 0007 SUMMER ST
C/0 MARGARET S MANGANARO ST LOU?S MO 63131
;233 0115 W?LMOT CLIFFORD R 0040 W ELM ST 0003 SUMMER ST
GR-cENWICH CT 06830
4233 0116 MCCLUSKEY KATHERINE ANN 0034 TERRY RD 0003 TRADERS LN
HARTFORD CT 06015
4233 0070 BAPTIST CHURCH 4 TROTTERS LANE 0001 SUMMER ST
NANTUCKET MA 02554
;233 0157 TOLAND LITA WICKSER 0033 TURTLE BACK SOUTH 0004 PLEASANT ST
NEW CANAAN CT 06840
4233 C071 *WEBB ELLEN J R ETAL TRUSTEES 44 HUSTED LAN= 0004 SUMMER ST
GREENWICH CT 06830
4233 0119 MARACHE NANCIE A ETAL TRUTS 94 BERCH LN 0006 PLEASANT ST
C/0 BENTLEY MOSHER BABSON ETAL GREENWICH CT 06830
4233 0024 GREENEBAUM JOHN S & MARY 2233 DOUGLASS BLVD 0002 SUMMER ST
LOUISVILLE KY 40205-1903
4233 C023 TOLL BRUCE E & ROBBI S 1477 RYDAL RD 0009 PINE ST
RYDAL PA 19046
4233 00241 *GREENEBAUM JOHN S & MARY 2233 DOUGLASS BLVD 0011 PINE ST
LOUISVILLE KY 40205-1903
4233 0072 *TYLER WAT H JR 55 PINCKNEY ST 0008 PLEASANT ST
BOSTON MA 02114
4233 0073 SCHNEIDER THOMAS C & ALISON P 0064 HOWARD RD 0010 PLEASANT ST
GREENWICH CT 06830
4233 0074 KENWARD DOUGLAS P 0012 PLEASANT ST 0012 PLEASANT ST
NANTUCKET MA 02554
4233 0025 BADDER SUSAN & GRIFFITH SHARCN 0187 BARNEGAT RD 0015 PINE ST
& STEVENSON LISA-MARGARET POUND RIDGE NY 10576
4233 0026 SMALL ARNOLD R TRUSTEE 17 PINE STREET 0017 PINE ST
HOMEPORT NOMINEE TRUST NANTUCKET MA 02554
4233 0123 SEAGER GEORGE BRADLEY JR 0508 ROSLYN PL 0015 PLEASANT ST
PITTSEURGH PA 15232
4233 0122 SANFORD ALFRED F III TR PO BOX 2b8 0013 PLEASANT ST
THIRTEEN PLEASANT ST TRUST NANTUCKET MA 02554
4233 C124 SANFORD ED'dARD J TRUSTEE 3 MILL ST 0004 STARBUCK [T
STARBUCK COURT NOMINEE TRUST NANTUCKET MA 02554
4233 0080 FOWLKES MANAGEMENT INC 755 PARK AVE 0007 STARBUCK CT
NEW YORK NY 10021
4233 0126 FOWLKES MANAGEMENT INC 424 WEST 33RD ST - 4TH FLOOR 0005 STARBUCK CT
NEW YORK tvY 10001
4233 0160 LARSEN CHRISTOPHcR 41 WESTWOOD ROAD 0001 STARBUCK CT
WEST HARTFORD CT 06117
PAGE 1
MUAS750 8.5
09/29/98 '- TOWN OF NANTUCKET
15.15'44 OWNER'S MAILING ADDRESS LIST
p Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location
33 0121 PHUNN LTD 0600 N CASSADAY AVE 0011 PLEASANT ST
COLUMBUS OH 42319
33 0127 *ESPY MARY F & MISSETT NANCY TR 765 PARK AVENUE 0004 NEW DOLLAR LN
NEW YORK NY 10021
33 0162 BUTLER ARTHUR E & MARTHA L 0030 QUAISE RD 0002 NEW DOLLAR LN
NANTUCKET MA 02554
33 0180 BUTLER ARTHUR E & MARTHA L 0030 ~UAISE RD 0002 MILK ST
NANTUCKET MA 02554
33 01591 *DELHORNE LORRAINE A TR 0104 MAIN ST 0104 MAIN ST
104 MAIN ST NOMINEE TRUST NANTUCKET MA 02554
33 0120 WELCH JOSEPH F & MARCIA P HIGH RD 0009 PLEASANT ST
WYOMISSING PA 19610
33 0158 AKERS SUSAN D 0001 STURGES HGWY 0007 PLEASANT ST
WESTPCRT CT 068E0
33 0159 GROTE RICHARD T ~ SUZY W 0014 PINE VALLEY DR 0102 MAIN ST
ST LOUIS MO 63124
33 0182 COFFIN ANN T 0008 MILK ST 0008 MILK ST
NANTUCKET MA 02554
33 0181 GREENBERG TOBY A 4 MILK ST 0004 MILK ST
NANTUCKET MA 02554
33 0179 MCAULEY THOMAS F TR 0070 CENTER ST 0106 MAIN ST
MCAULEY NOMINEE TRUST NANTUCKET MA 02554
33 0154 CARPENTER JOSEPHINE B ETAL PO BOX 1357 0100 MAIN ST
C/0 Bc"GG INC,CHAMBERLAIN POINT ROBERTS WA 98281-1357
33 0155 PALMER PATRICIA S TRUSTEE 2960 POST ROAD 0003 PLEASANT ST
Y TAKNAS NOMINEE TRUST SOUTHPORT CT 06490
33 0112 *WINEBRENNER ROBERT & SALLY JO 30633 HUNT CLUB DRIVE 0001 PLEASANT ST
SAN JUAN CAPISTRANO CA 92675
33 0111 ALGER SARAH F TRUSTEE PO BOX 2669 0098 MAIN ST
98 MAIN STREET RcALTY TRUS T NANTUCKET MA 02584
33 0152 KILVERT CHARLES A 0021 BARNES ST 0105 MAIN ST
PROVIDENCE RI 02906-1516
33 0153 KILVERT CHARLES A 0021 BARNES ST 0103 MAIN ST
PROVIDENCE RI 02906-1516
33 0110 *NANTUCKET HISTORICAL ASSN PO BOX 1016 0099 MAIN 5T
NANTUCKET MA 02554
33 0060 KNOPF JEAN SATLER 3600 MELLON BANK CNTR 0097 MAIN ST
C/0 MELLON BANK PITTSBURGH PA 1>258
.ER OF RECORDS = 45
PAC=_ 2
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MINIMUM LOT SIZEI 5,000 S.F.
MINIMUM FRONTAGEI SO FT
FRONT YARD SETBACK. NONE
REAR & SIDE SETBACKI 5 FT
GROUND COVER RATIO: 50%
PLOT PLAN OF LAND IN
NANTUCKET, MA
SCALE: 1'= 15'
DATEI JULY, 21, 1998
JOHN J. SHUGRUE, INC.
57 OLD SOUTH ROAD
NANTUCKET, MA 02554
FOR: ARTHUR E. LEVINE /
LAUREN B. LEICHTMAN,
Co-TRUSTEES of CAPITAL
PARTNERS REALTY TRUST
CHASE MANHATTAN MORTGAGE,
its sucessors and assigns ATIMA.
PARCEL NO. 156 ,8 )MPF
ASSESSORS MAP 42.3.3
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