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Home My WebLink About038-99TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date : l ~Z~l G/l~t.~ ~ ~ 2 0 O~ Application No.: Owner/Applicant: To: Parties Decision of following: in Interest and. Others concerned with the the BOARD OF APPEALS in the Application of the 038-99 JEAN YOLISH 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 1 William P. Hou i an, 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. ~_ TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 Assessor's Map 82 12 Osprey Way Parcel 44 Land Court Plan 37073-B, Lot 3 R-2 Cert. of Title 10478 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 12:00 P.M., Friday, May 14, 1999, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of JEAN YOLISH, of 20 Mount Estate Drive, Avon, CT 06001, Board of Appeals File No. 038-99, the Board made the following Decision: 1. Applicant is seeking a MODIFICATION of a SPECIAL PERMIT issued in the Decision in BOA File No. 030-98 which allowed the vertical expansion of a nonconforming single-family dwelling within the front yard setback withoiut coming any closer to that lot line. Applicant seeks to modify condition "b" as stated in paragraph "5" of said Decision as the plans for the structure have changed and a different Certificate of Appropriateness has been issued by the Historic District Commission that would allow an increase in height of the proposed addition beyond the permitted maximum allowed by this Board of 23+ feet within the front yard setback area without coming any closer to that lot line. The Locus is nonconforming as to lot size, with the Lot containing 19,945+ square feet of area in a district that requires a minimum lot size of 20,000 square feet; and as to front yard setback, with the house sited 20.6+ feet at its closest point from the northerly lot line in a district that requires a minimum front yard setback of 30 feet. The Premises is located at 12 OSPREY WAY, Assessor's Map 82, Parcel 44, Land Court Plan 37073-B, Lot 3. The property is zoned Residential-2. 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 was expressed at the hearing. 3. Applicant represented that the design of the proposed alteration for her pre-existing nonconforming single-family dwelling was altered substantially since the Special Permit was issued in the Decision in BOA File No. 030-98, which limited the upward extension within the required 30-foot front yard setback area to 23+ feet. As in the previous Application, the new design would not entail any further encroachment of the footprint within that setback area but would require raising a small portion of the roof height to 26+ feet at the highest .point within said setback area to add a second floor addition as part of an overall renovation of the structure. The house is sited at 24.7+ feet at its closest point at its easternmost corner, and the stoop, leading to the front door of the structure, is sited at 20.6+ feet at its closest point from the front yard lot line. The structure is also sited at 33.3+ feet at its closest point from the same lot line at its westernmost corner, outside of the setback area. 4. Therefore, the Board finds that the upward expansion of the new second floor would be an increase in the nonconforming nature of the structure. However, said upward expansion to a maximum of 26+ feet within the front yard setback area would not be substantially more detrimental to the neighborhood than the existing nonconforming structure and further finds that the expansion within said setback would be de minimus in scope and have little impact upon the area as it would not come any closer to the front yard lot line than the existing structure. The Board also notes that condition "a" in paragraph 5 may also be affected by any change in design of the house outside of the front yard setback area and finds that said condition relates only to that portion of the structure that lies within said front yard setback area and not to that portion of the structure that lies outside of the 30-foot front yard setback area. 5. Accordingly, by a unanimous vote, the Board GRANTS the requested MODIFICATION of the SPECIAL PERMIT issued in BOA File No. 030-98, to allow a maximum roof height within the required 30-foot front yard setback area of 26+ feet at its highest point upon the following condition: - There shall be no further encroachment into the 30-foot required front yard setback area. Dated: February ~ 2000 RECEIVED TC}WN CLERK'S OFFICE NANTUCKET, MA 02554 ~~ i=~ ~ p 4 7000 .~~s~. ~ ~:LERK. ~ ~-- William P. Hourihan, Jr. 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 12:00 P.M., FRIDAY, MAY 14, 1999, in the CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: JEAN YOLISH BOARD OF APPEALS FILE N0. 038-99 Applicant is seeking a MODIFICATION of a SPECIAL PERMIT issued in Board of Appeals File No. 030-98 which allowed the vertical expansion of a nonconforming single-family dwelling within the front yard setback without coming any closer to that lot line. Applicant seeks to modify condition "b" as stated in paragraph "5" of said Decision as the plans for the structure have changed and a different Certificate of Appropriateness has been issued by the Historic District Commission that would allow an increase in height of the proposed addition beyond the permitted maximum of 23 feet within the front yard setback area without coming any closer to that lot line. The property is nonconforming as to lot size, containing 19,945+ square feet in a district that requires a minimum lot size of 20,000 square feet and as to front yard setback, with the house sited 24.7+ feet at its closest point from the northerly lot line in a_district that requires a minimum front yard setback of 30 feet. The Premises is located at 12 OSPREY WAY, Assessor's Map 82, Parcel 44, Land Court Plan 37073-B, Lot 3. The property is zoned Residential-2. Dal W. Waive, Chairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR C~THCR ALTERNATIVE. FORMATS: FOR ASS-ISTANCE GALL _ ~ _, ~ ~~„'. i'i-'. ,,.;;•' ~`SoJ1 Form 1-89 ,., ~•~ . Ii74H`1'QC~T $OId7.DIG BolIRD OF Ap~-BALB patQ ~~ ~ ~o eQZ~Y~a 3 ~'QC~?, ~1 02 5 5 < CABS Dlo ~-~ ,;~ ~apT,YnnmTOp pp$ REL2EF :T col ~s~- • Owner's natna (s) : ~ ~ ~ ~ 6 O~ f r'~~ Hailing address: ~~ ~~ Applicant's name: ldailinq address: Looatioh of lnt: AssQSSOr'~ map and parcel nu~aber 25~/ ,- ` $tZ'e6t 8dsirass : t L- ~-~-' "" --- F.egistry Land •Ct '81811, 81en Bk ~ pq, or~Pl~oFile o Trot Dxt• lot acquired: ,_/,~ Dedd Rat to ,y,~ 8oninq district ~-- MCE}? Uses on lot ~ .cotwasrcial:' Nona j~,,, or - number ot: dwtellings,~, duplex apartments, rental rooms ` ~- C of O?~!]~ Building•date(s): all pxe-8/727 or ~ auildinq Permit appl'n. Kos. .. ~ Case xoa. ail ~ Bo1- gpp3.ications, la~rsuits: Stste fullyy all ~oriin ralis! sou ht and rsspectfva Code sections and subsectiana, spac~lically wha~ you ppropose compared to present and w~1st gourds yYou ~trgs !or BoA to make each findin per section l 9-32A ~ i! Vttrixriae, 134-:pA i! a Special Pera:i~ (and 139-33A it to alter or sxtalld a nonCOn, orm3~nq use) . Yr appeal per ].39-3]~A E _ , attach decision or order appealed. oK to a tech addendu~ ~ ~n LL N LL C ~ Q ,.~ ~~~ U7 ~~.i"S./ ~~I I~ ~~jlj ~i I:.. ~ ~~~ "` . i W'v LLB ~ :. ,; J n- r~s.~ %1_ L .` ~ =; j- , Ytems snclo ed as part o this Application: orders addendumz Loaus map„ Site ~~.an~ showin present +piann ~~ppstructur s ploor plans prasan proposed slave ~sGCR (H arkl~ngodata~S Listing: lot area'~"~`rontage satba Asssssor•-csrtiti addresses st 4 sate ma~i ng labels 2 seta,- ~200 fee payable to To~.'ri of Hahtuckst pproof ,T'cap' covenant (It an appeal, ask Town Clsrk~to sen3~lag Comr s record to BoA:~ I cQrtify that the requested information submitted is substantially oomplate aid true to the best of my knowlsd e, under the pains ana psr-altiss o! perjury. SIGNATURE: ~ J-pP].iCant Attorney/agent 3(Y! nor caner 4 wnar's attorney,` proof o~ nuthori.ty) FOR BoA OFFxCL USE gq n co iss reed: a_~/or for BoA on ~LL by Applicatio p ~~C,~ by~~ complete? l/ one copy filed with Town Clerk on- _1LL ~~q ~'^~ ?~~~ I G (r~ i i '': ~ v $Z00 !ss check giysn Town Treasurer an ~~ by ~^~,9~ wAi~ve,~d,,. ~S~~j Ksarinq notice posted,~/~~ mailed,/ z ~' M~~~ =~' ~``t" xsarinq (s y cr,~~.,..r oont ~ ~a to~_/,r, ~J_..J_ withdrawn7~_„ ~_. Deaisiott dus by,_/_„f~ made_fJ^. tiled TC~~_ mailedr,_/~_. Bee rel.aCed oa-seg ~ lawsu~ti~ _ . _ ~ other T~JTf~. F.01 ADDENDUM Applicant is seeking a modification to Special Permit #030-98 which was ganted under 139-33A to alllow the vertical expansion of nonconforming single family residential structure. Said addition will add a second story to a portion of the structure, a small portion of which addition will be located within the required front yard setback.. The property is nonconforming as to lot size, containing 19,945 SF in a district requiring 20,000 SF and as to front yard setback, with the house located at its closest point 24.7 feet from the front lot line. The Applicant seeks to modify paragaph 3, so as to permit a maximum height of 25' as reflected in ~IDC Plans attached with this application. `~ ~~ Osp~t~ v o` d 122'38' it ~dh~b ~' ~aa .~. ,~. _. se ~''~~ . ' 0~ ~ / ~ dbG~ ~t~ 1~ w~ s~ 0 9 /x !b, .~ ~~ ~-~' NOTE : LOT DOES NOT MEET CURRENT ZONING IMTH RESPECT TO LOT AREA REQUiREMENT5. DWELLING +. DOES NOT MEET CURRENT ~ONI!NG 1MTH RESPECT 70 FRdNT YARD d SE1I~ACK. ~hcb kr CURi'tENT ZONING: R-2 MINIMUM LOT SIZE: 20,000 SF MINIMUM FRONTAGE: 75 F7 FRONTYARD SE1I~ACK: 30 FT SIDE AND REAR SETBACK: 10 t"T ALLOWABLE G.C.R.: 12.5 EXISTING G.C.R.: 6.5~ ~' FOR PROPERTY LINE OE'TER~IINATON THIS FLOT PLAN RELIES ON CURRENT` DEEDS AND PLAW5 OF RECORD, VERIFIED BY FIELD AIEASUREA[ENTS AS SHOWN HEREON. O(AMINA~ON OR A R~ECORDAS~ SUFtVEYA TITLE N.B. 05/75 \ ~. ~- ~ ~ ~~ ~,~ ~- I ~.'~ LOY 3 19,945 ± SF ~ ~ 2 ~~ ~` ~ q. ,2 ~ .o ~O ~~ ~~. a dr~e ~ 0 6~ a~ 12 ' M e~ y •Z. ACA V1 Z~O~4;~ ~5 ~' ~~ N ~ cJ~ AS-BU'LT ?LDT PLAN IN NANT'UCKIr7. MASSACHUSETTS SCALE: 1'30' DATE: JAN. ' 4, 1958 SEED REFERENCE: LC CtRT.~ 10478 PLAN REFERENCE. LC PL 37073-B ASSESSOR'S REFERENCE: MAD: g2 PARCEL: 44 PREPARED FOR: JEAN YOLISN SMACK 5URVEYING 2 WASFiAMAN AVENUE NANTUCKET, MA. 02554 (508) 325--0940 ,1-190 I Q~HL P. C14 -- N 94 000 _._ . . ~ , „';, '! I P6N0 i { LtA ~lb {A3`~s: `~~ N f.FLY /O as 'lo ,r -Nd ,'" , ~ ~ 4S ~ ~ r .. 4~ , ~ `~' NAM f ~ at' ~ ~ ~~ ~N 0 w ` .. o A ~ w \ s~ ~ R.IA ~ Z - 92 ., s. ~~ r 1 j M 9~ p 7 8 i ti4 1~ ~ w a ? \~ ~ a~IY ~~. st ` ~ ~ N; 1 ° I IN °s w `,~ ~ p as I o A '-~' ~~~ ~ ~ ' {t ~~ ~ a > o N ~ \ ley t t~ ~: ,~, p ~ ~ S ~ V as M~~ t7 ~~ ~,~ J '~ ~ S ~ p ~ 1~b 1 as ` ~ ' `~`M'r~° A 6.a ~ {{ °j ~ N ~~ t ~ 1~ ~ it ~{ x d' ~~/~ . w pr ~ M tt • y R 1 ~ rRl ITy n w M ~ N M ! V ENV f N '~ a'sa a ~ w A ii . >7e 3 1 A~/~/ ~~~^ ~ i ''~ w~ O ~ / {{ t ~/ ~ / s O a/ a.1A tl ~ ~// ~~ ~ ~ ~ W~ 71 M ~ Rt / ~ ~ ~. ~ ~ ~~ t! w r u.a A /y (*~ 10 ~ , A ~ i7 = ~ Isl ~'v ', / V ~P~ ~ s se ~ ~ ~ ab ~.~ SD ./ xa I•a A xe 3.0 A a7 1.6 A 2i 1.6A 1{A 17A .u a~~a w~°a~ o ~$ ~~> ,(~ /`~ w /`~ ~6/ 1 / a.l A .~A~~~- ~~~°~ ~ l~l • ~ ~ W N VI N LEGEND A,C .tea tl GA,E .Aac 1 oA, .A{ e ~1'lle ~hO~~' 11 itll(~ 1. (N. r..) d°M1°{ M1 MA{IfY61°~ N~~yw~.•~ry {~ 7 T~ INFORMATION SHOWN HEREON WAS I (I I 1 1 ~I ~~ ~ `~ 1 / + 1 ~ 1 COM-ItED FROM AERIAL PHOTOGRA-MS,OEEDS, ~++e /' ll ll l AND FLANS Of RECORD AND IS NOT TO 6E ~~ koi. ,1 7,~, CONSTRUED AS HAVING SUffK1ENT ACCUR- -/ 6 ® ~ ° x ACY fOR CONVEYANCE. ro ~ M.~~~~a yoy r.~sr,~- __ Ir ... ear. ~.~, ~/ l •.~ TOWN OF NANTUCKET ZONING BOARD OF APPEALS - LIST OF PARTIES IN INTEREST IN THE MATTER OF T~ PETITION OF PROPERTY OWNER:.......... .~czn......~.C>.I.i.,5.1"~ ................................ MAILING ADDRESS:....~U..... !y!X1~.tn..~S+w~...~~.....JQ.VP.n.l..G7:.. ~~DO~ PROPERTY LOCATION:.......l..A~.......®.5.~.~~.....~.~ .............. ASSESSORS MAP/PARCEL:... ~5..4~... -.!-I.`I ...................................................... SUBMITTED BY: SEE ATTACHED PAGES ~Z~ I certif}' that the foregoing is a list of persons who are owners of abutting property, owners of land directl}• opposite on any public or private street or way; and abutters of the abutters and all other land o~~•ners within three hundred feet of the property line of owner's property, all as they appear on the most recent applicable tax list. (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139, Section 139-29D (2) ). ,Q=C~-E-_... DATE ASSESSOR'S OFFICE TOWN OF NANTUCKET . 03/26/99 TOWN OF NANTUCKET 09:14:23 OWNER'S MAILING ADDRESS LIST Map Block Lot Ouner's/Co-OWner's Name Mailing Address/City State Zip Property location 0082 0032 NIEROTH ALEX 1579 CROSS HWY 0245 HUMMOCK POND RD FAIRFIELD CT 06430 0082 0043 NIEROTH PAMELA J 1579 CROSS HWY 0243 HUMMOCK POND :: FAIRFIELD CT 06430 0082 0042 *WALDMAN DEBORAH ETAL TRS S WHITMAN ROAD 0241 HUMMOCK POND RD NASHUA NH 03062 0082 0041 SNOOK JEFFREY F & LEE ANNE 355 WEST WOOSTER STREET 0239 HUMMOCK POND RD BOWLING GREEN OH 43402 0082 0040 PUFNAK BERNARD M ETAL 0082 ELTON DR 0008 OSPREY WY NEWINGTON CT 06111 0082 0039 YURKOSKY PAUL P & MARGARETTA S 0007 GLENSIDE TER 0235 HUMMOCK POND RD MONTCLAIR NJ 07043-2529 0082 0031 *EVERETT RICHARD M III & 0115 PATTON AVE 0240 HUMMOCK POND RD CORDELIA C & OWNERS UNKNOWN ET PRINCETON NJ 08540 0082 0033 VOYAGES ROLAND J & CHRISTENSEN 31 SWEET BRIAR COURT 0014 OSPREY WY STANFORD CT 06905-1509 0082 0038 *GRENIER BART A & TAMARA T 20 DOCTORS RUN 0233 HUMMOCK POND RD ROCKPORT MA 01966 0082 0036 DELAY STEPHEN & KRISTINE TRS & 17 SILVER RIDGE COMMON 0009 OSPREY WY RUSSELL ROBERT & SUSAN TRS WESTON CT 06883 00$2 0037 STOKES RUTH W & LOUD GWYNETH E 0029 PINE ISLAND RD 0005 OSPREY WY TRS ETAL NEWBURY MA 01950 0082 0004 KNIGHT GARY L 0007 OSPREY WAY 0007 OSPREY WY NANTUCKET MA 02554 0082 0003 DELAY STEPHEN & KRISTINE TRS & 17 SILVER RIDGE COMMON 0011 OSPREY WY RUSSELL ROBERT & SUSAN TRS WESTON CT 06883 0082 0002 OBRIEN STEPHEN B & SUSAN M 210 FARM ROAD 0020 TAUTEMO WY SHERBORN MA 01770 0082 0001 MORRIS JOAN ETAL TRUSTEES 204 OTIS STREET 0018 TAUTEMO WY MISTY HUMMOCK NOMINEE TRUST HINGHAM MA 02043 0083 0015 SCHULTZ JAMES A & ELIZABETH F 0002 COMPO PARKWAY 0017 OSPREY WY WESTPORT CT 06880 0083 0021 KEEFE JOHN W & CAROL A 0008 DOVER RD 0016 OSPREY WY S NATICK MA 01760 0083 0023 BELFORD PATRICIA R TRUSTEE 214 HIGHLAND AVE 0001 TAUTEMO WY ' nC'Ut~,) I ~cQ. Z'~ SAMANTHA JANE TRUST SLEEPY HOLLOW NY 10591 1 P 0083 1' 0022 *BAINS HARRISON M JR & LESLIE E 14 ESSEX ROAD 0003 TAUTEMO WY SUMMIT NJ 07901 0083 0020 LENNON THOMAS G & CATHY E 34 BOOTH DRIVE 0005 TAUTEMO WY WESTWOOD MA 02090 0083 0017 CLARKE PAUL A & JOAN ELRICK PO BOX 2503 0007 TAUTEMO WY NANTUCKET MA 02584 0083 0016 HARTMANN MARGOT & CHRAPPA RITA 6 EISENHOWER AV'c 0019 OSPREY WY NATICK MA 01760 0083 0014 HOFFMAN ANNE S BOX 433 ROCKBOTTOM LN 0016 TAUTEMO WY PERU VT 05152 0083 0013 MOORES CHARLES W & HARRIET J 4 DEER RUN 0014 TAUTEMO WY WAYLAND MA 01778 PAGE 1 MUAS750 9.1 NUMBER OF RECORDS = 24 ~= 03/26/99 TOWN OF NANTUCKET PAGE 1 09:17:07 OWNER'S MAILING ADDRESS LIST MUAS750 9.1 Map Block Lot Owner's/Co-Owner's Name 0083 001 SCHULTZ JAMES A & ELIZABETH F ,nclwd~c~ $z- 3y NUMBER OF RECORDS = 1 Mailing Address/City State Zip 0002 COMPO PARKWAY WESTPORT CT 06880 Property Location 0017 OSPREY WY