HomeMy WebLinkAbout093-99TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: December 17 ~ 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.: 093=99
Owner/Applicant: FORREST A. RODTS AS TRUSTEE OF OLD.
GARDNER HOUSE 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 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. ~,
William P.. Houriha~ 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.
NANTUCKET ZONING BOARD OF APPEALS
37 Washington Street
Nantucket, Massachusetts 02554
Assessor's Map 73.2.4, Parcels 4 and 5 Book 404, Page 213
5 Broadway and 5 Front Street Lot 1
Residential-1 Plan Files 55-U
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, October 22, 1999, at 12:00 P.M., in the
Conference Room, Town Annex Building, 37 Washington Street,
Nantucket, Massachusetts, the Board made~the following decision
on the application of FORREST A. RODTS, as TRUSTEE of OLD GARDNER
HOUSE TRUST, c/o Sarah F. Alger, P.C., Two Union Street,
Nantucket, Massachusetts 02554, File No. 093-99:
2. The applicant seeks a Special Permit -under Nantucket
Zoning By-law §139-33.A(4)(a) and §139-33.A(5) (alteration or
extension of a pre-existing nonconforming structure), including a
finding under Mass. Gen. Laws c.40A, §6. The applicant proposes
to alter a said to be pre-existing single-family dwelling, the
northernmost structure of two (2) existing, on the Locus, by
upward extension and changes in the roof line, roof pitch, and
fenestration within the portion of the existing footprint which
lies within the required side and rear yard setback areas, and
with other changes not affecting zoning compliance. In the
alternative, and to the extent necessary, the applicant is
seeking relief by Variance under Nantucket Zoning Bylaw X139-16A
to undertake such alterations. The Locus is nonconforming as to
lot size, having 3,191± square feet of area in a district that
requires a minimum lot size of 5,000 square feet; as to ground
cover, having a ground cover ratio of 37.51%± in a district that
allows a maximum ground cover ratio for undersized lots of 30%;
as to front, side, and rear yard setbacks with the primary
dwelling being sited at 3.55± feet at its closest point from the
front lot line along Broadway and at 0.39± feet from the
southerly side yard lot line, in a district that requires a
minimum front yard setback of ten (10) feet and a minimum side
yard setback of five (5) feet, and with the secondary dwelling
being sited at 0.22± feet at its closest point from the northerly
side yard lot line and at 1.12± feet at its closest point from
the rear yard lot line along Front Street, in a district that
requires minimum side and rear yard setback of five (5) feet; and
as to parking with the Lot containing no parking spaces where two
(2 ) are required .
The Premises are located at 5 Broadway and 5 Front Street,
Assessor's Map 73.2.4, Parcels 4 and 5, Lot 1, Plan File 55-U.
and are zoned Residential-1.
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
received at our public hearing. The Planning Board indicated
that this matter was not of planning concern. There was no
opposition presented at the public hearing, personally, by
representatives, or in writing.
4. The applicant proposes to alter and extend the smaller
of two pre-existing, nonconforming single-family dwellings on the
premises, known as "Low Tide", by rebuilding and expanding the
second floor upward; by changing the roof line, roof pitch, and
fenestration within the portion of the existing footprint that
lies within the required side and rear yard setback areas; and by
making other changes that will not affect zoning compliance. The
Nantucket Historic District Commission has issued Certificate of
Appropriateness No. 34854 for the applicant's plans. The
premises are shown on a plan drawn by Schofield Brothers, Inc,
dated April 24, 1973, recorded with Nantucket Deeds in Plan File
55-U (the "1972 Plan") The premises are also shown on the 1923
Siasconset Fire Map, a copy of a portion of which was submitted
to the Board at the public hearing and made part of the record in
this file. Between 1923 and 1960, the structures on the premises
were expanded and changed to their current configuration, with a
shed on the premises being converted into the subject dwelling .
Both of said dwellings were constructed prior to the July 1972
effective date of the Nantucket Zoning By-law and, as such,
constitute pre-existing, nonconforming structures within the
meaning of the By-law. The work proposed by the applicant will
improve the general outward appearance of the subject structure
and will make the structure more functional. The proposed work
will expand the subject dwelling upward but will not come any
closer to, or encroach further upon, any lot line as shown on the
1972 plan. As such, none of the proposed improvements will
increase any zoning nonconformity by further intruding into or
encroaching upon the required front, side, or rear yard setback
areas. Accordingly, the appropriate relief in this case is by
special permit, and no relief by variance is required based upon
the 1973 Plan.
5. Upon these facts, the Board of Appeals UNANIMOUSLY
found that the proposed alteration and extension, conditioned as
set forth herein, would not be substantially more detrimental to
the neighborhood than the existing nonconformities and voted
UNANIMOUSLY to grant the requested relief by SPECIAL PERMIT
pursuant to Nantucket Zoning By-law §139-33.A, upon -the express
condition that the alteration and extension hereby permitted
shall be performed in substantial conformity with the plans
submitted to the Nantucket Historic District Commission and
2
approved by it in Certificate of Appropriateness No. 34854, as
the same may be amended from time to time.
Dated: December ~, 1999 ~~ ~~~....~ a1ilJUL ,
Wiliam P. Hou 'han, Jr.
., ~.., n
D`"~~1(Par~n
RECEIVED °"
TOWN CLERK'S OFFICE Ed a Sa ford
NANTUCKET, MA 02554
DEC ~ 7 1999 ~ ~
TIME: 3:3 a nM Nancy J . Sevre s
~Sy} .
CLERK:~I_ ~ ~,. ,,,, . ~l
Edward Murphy
3
TOWN OF NANTUCKET
ZOlvIN~:BOARD O~ APPEALS
3'~ 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, OCTOBER 22, 1999, in the CONFERENCE ROOM OF
THE TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts,
on the Application of the following:
(NOTE THE EARLIER TIME/CHANGE OF DATE. DUE TO THE LARGE NIIIrIDER OF CASES
BEING HEARD AND LIMITED MEETING SPACE, PLEASE CALL THE OFFICE AHEAD TO
ASCERTAIN AN APPROXIMATE TIME A PARTICOLAR CASE MAY BE HEARD}
FORREST A. RODTS, AS TRUSTEE OF OLD GARDNER HOUSE TRUST
BOARD OF APPEALS FILE N0. 093-99
Applicant is seeking relief by SPECIAL PERMIT under Nantucket
Zoning Bylaw §139-33A (alteration/expansion of a pre-existing
nonconforming use/structure). Applicants propose to alter a said to be
pre-existing single-family dwelling, the northernmost structure of two
(2) on the Lot, by upward extension and changes in the roof line, roof
pitch, and fenestration within the portion of the existing footprint
which lies within the required side and rear yard setback areas, with
other changes not affecting zoning compliance. In the alternative, and
to the extent necessary, Applicant is seeking relief by VARIANCE under
Nantucket Zoning Bylaw §139-16A to undertake such alterations. The
Locus is nonconforming as to lot size with the Lot having 2,850+ square
feet of area in a district that requires a minimum lot size of 5,000
square feet; as to ground cover, with the Lot having a ground cover
ratio of 'f2%+ in a district that allows a maximum ground cover ratio
for undersized lots of 30%; as to front, side and rear yard setbacks
with the principal dwelling unit being sited at 2+ feet at its closest
point from the lot line along Broadway and zero feet from the southerly
side yard lot line in a district that requires a minimum front yard
setback of ten (10) feet and a side yard setback of five (5) feet, and
with the cottage being sited at zero feet from the northerly side yard
lot line (and. in fact is over the lot line and situated in the abutting
" way") and at zero feet from the rear yard lot line in a district
that .requires a minimum rear yard setback of five (5) feet; and as to
parking with the Lot containing no parking spaces where two (2) are
required.
The Premises is located at 5 BROADWAY AND 5 FRONT STREET,
Assessor's Map 73.2.~f, Parcels y and 5. The property is zoned
Residential-1. ~ ~ '
William P. Ho ihan, Jr., Ch irman
BOA Form 1-89
APPLICATION FOR RELIEF
September 15, 1999
CASE No.~ 99
Owner's name(s): Forrest A. Rodts, as Trustee of Old Gardner House Trust
Mailing address: c/o Sarah F Alger P C Two Union Street Nantucket, MA 02554
Applicant's name: Same
Mailing address: Same
Location of lot: Assessor's map and parcel number 7324-4 and 5
Street address: 5 Broadway and 5 Front Street
Registry Land Ct Plan, Plan Bk & Pg or Plan File: None
Date lot acquired: 11/28/92 Deed Ref 404/213 Zoning district RR=1
Uses on lot - commercial: None X or MCD? No
- number of: dwellings: 2
Building date(s): all pre-8/72? X or C of O?
Building Permit appl'n Nos. 14754-97; 332-98; and 733-98
Case Nos. all BoA applications, lawsuits: None
State fully all zoning relief sought and respective Code sections
and subsections, specifically what you propose compared to present
and what grounds you urge for BoA to make each finding per Section
139-32A X if Variance, 139-30A X if a Special Permit (and 139-33A
X if to alter or extend a nonconforming use). If appeal per 139-31A
& B _, attach decision or orders appealed. OK to attach addendum'
The applicant requests a finding and a special permit under
M.G.L. c.40A, §6, and Nantucket Zoning By-law §139-33.A that the
alteration of the pre-existing, nonconforming single-family
dwelling on the locus by upward extension and changes in roof
line, roof pitch, and fenestration within the portion of the
existing footprint which lies within the required side and rear
yard setback areas, and other changes not affecting zoning
compliance, will not be substantially more detrimental to the
neighborhood than the existing nonconformities. In the
alternative, and to the extent necessary, the applicants further
request a variance under Nantucket Zoning By-law §139-32.A to
undertake such alterations. The subject dwelling is
nonconforming as to side and rear yard setbacks (being on the lot
line or against the lines of occupation with 5 feet being the
minimum required). The premises are nonconforming as to front
and side yard setback (as to another dwelling on the premises);
as to ground cover (having total ground cover of about 42~, with
30~ being the maximum allowed); as to parking (no parking spaces
are provided and 2 are required) and as to lot area (containing
about 2850 square feet, with 5,000 being the minimum permitted).
Items enclosed as part of this Application: order'No addendum= No
Locus map X Site plan X showing present X + planned X structures
Floor plans present No proposed X elevations X (HDC approved? No)
Listing lot area X frontage X setbacks X GCR X parking data No
Assessor-certified addressee list 4 sets X mailing labels 2 sets X
$200 fee payable to Town of Nantucket X proof' 'cap' covenant No
'(If an appeal, ask Town Clerk to send 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 p jury. ~~iil~nu~
SIGNATURE: ~ ,~~ Applicant _ Attorney/agent X
'(If not own r or own 's attorney, enclose proof of authority)
FOR Bo OFFICE USE
Application copies rec' d: 4 V or fj~-r on /~~/( ( by Ci(l!''"'
One copy filed with Town Clerk on ~/ tS1 / by mplete?~~~"'v
One copy each to Planning Bd and Building D t Q by
$200 fee check given Tow asurer on / by w ived? - n
Hearing notice posted 6 / mailed ~/ I & M ~/~(/r
Hearing (s ) on _/_/_ co d to _/_/_, _/_/_ w h raw ? _/_/
Decision due by _/_/_ made _/_/_ filed TC _/_/_ mailed _/_/_
See related cases lawsuits other
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
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BaA Form
2-89
. NANTUCKET ZONING SOATZD OF APPEAX,S RECEIVED
TOPTN • AND COUNTY BUILDING BOARD OF ASSESSORS
NANTUCKET, 2-iA 02554
HUG 1 3 1999
ASSESSORS TWIST OF PA~tTIES IN .T.NTEREST '
4 TOWN OF
PROPERTX OWNER: ~drr'~E-S~' ~I •~c~dt5, ~~r-C.~=S~`2.,, ~~~~-~ ~^KET, M/~
IY/'11Y 1 VV
APPLYCANT FOR RELIEF (SA1~:E? ~}
ADDRESS OF PROPERT X : .~'~ a rUCaLr~ V-•~~t-~1 0.-~ S ~'~"e~
ASSESSORS MAP & PARCEL: `130(`-` ~ ~S"
LXST OF PATtTIES INCLUDING ADDRESSES*(OR SEE AT^_ACHED )
I certify that the foregoing (or the attached ) lists
all persons natural oz legal, who are owners of abutting
property owners oz land direct~y opposite on any public
yr private street or way; and ab:~tters of the abutters a:-id
all other land owners within three hundred =eei of the
property line of Owner's property, as they { aT d their
address) appear on the most recent applicable tax list
{per M.G_L. c. 40A, Section 1? Zoning Code Chapter 139,
Section 139-29D (2)}.
__ ~c~C(.r G 1 ,
Date Assessors Office
Town of Nantucket
*NOTE: Applicant (petitioner) should inc?ude with the lot
r ~oz which zoning relief is sought, any com-nonly-owned
abutting lots which ~irht becv:~e involved in the zoninc
matter. List r..ap and parcels fo_ each abutter.
~g-~~~8
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~~ ~~ ~~
08/17/99 TOWN OF NANTUCKET PAGE 1
OWNER'S MAILING ADDRESS LIST MUAS750 9.2
14:55:20
Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location
7324 0007 LAMOTT FRED G & SARAH F PO BOX 232 0001 BANK ST / `
SIASCONSET MA 02564
7324 003 REGAN AMY HARPER & 0054 TURTLEBACK RD 00010 CODFISH PARK RD ;/~
GOLDSMITH CATHERINE HARPER CALIFON NJ 07830 y/'
0008 CODFISH PARK RD
7324 004 SMITH DONALD M TRUSTEE PO BOX 2001
CASA MARINA TRUST WRIGHTSVILLE PA 17368 ,
7324 0008 HEGARTY MARLENE H & WILLIAM T PO BOX 21 0005 BANK ST '~
/ , SIASCONSET MA 02564
0002 MAIN SIAS ST ,
7324 0036 NANTUCKET CONSERVATION FOUND I PO BOX 13
NANTUCKET MA 02554
0002 BROADWAY ~
7324 000 SWAIN FRANK & WALLACE SALLY 4331 CATHEDRAL AVE NW
WASHINGTON DC 20016 I
7324 0037 SMITH DONALD M TRUSTEE PO BOX 2001 0001 BROADWAY
CASA MARINA TRUST WRIGHTSVILLE PA 17368
7313 003 TODD VINCENT E JR & SHEILA M PO BOX 232 0004 BROADWAY.
SIASCONSET MA 02564
7313 0027/*SLADE BERTHA 0028 NIXON RD 0007 BANK ST
FRAMINGHAM MA; 01701
0007 FRONT ST
7313 0028/ HEINEMANN ANN & LANDZERT 0012A LINDEN ST -, -
ISABEL & VANDEUSEN MARGARET TR BROOKLINE MA 02445
7313 0029*LUKENS WALTER &-SYLVIA TRS 323 NORTH .P ITT STREET -.. 0007_BROADWAY. _
~~~ ALEXANDRIA VA 22314
7313 0073" JOHNSON MAX 0 & MARGUERITE M 109 HILLSIDE AVE 0006 BROADWAY
/ ~ ~ ARLINGTON MA 02476
7313 0074 KRONAU DENICE 11-12 HANOVER SQUARE LONDON 0008 BROADWAY
' ~" ENGLAND W1R9HD-
0009 BROADWAY
7313 0072 / CHREIBER 3 VANZANDT JR+& 0718 SILVERMINE RD
DORINDA NEW CANAAN CT 06840
7313 0070 *SCHREIBER S VANZANDT;;JR & 0718 SILVERMINE RD 0009 FRONT S7
DORINDA NEW CANAAN CT 06840
A--BIND 7-FRONTST
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' E-MA-82445-___
NUMBER OF RECORDS = 16 ,
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NOTES
1. BUILDINGS AND LOT DO NOT
CONFORM TO ANY OF THE
/ REQUIREMENTSOF CURRENT ZCNING
LISTED BELOW.
2. LINES OF OCCUPATION AND
LINES AS ESTABLISHED BY THE 1835
PROPRIETORS PLAN OF SIASCONSET
(PROP.PLBK 1/76) DO NOT COINCIDE.
~3 ~ 3_ 3. THE DWELLING "LOW TIDE" IS
wAC ~ 29 LOCATED IN THE WAY AS SHOWN
_ Sn~A ~Kf S ~N LOTEMAY EBE SUBJECT TO
DHCB dwelling JURISDICTION UNDER STATE OR
FND LOCAL WETLANDS LAWS.
ao,;~ \
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i ~ 1.~,.c o
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~, / ,3., q Y ~ ,,
O) p , ti 30
G h ~ Oi °
4° ~c \~ ~ D~CCI/yC~~/F ~ ti.c
~ U ~ ~/ nDf7 /ine °f wOy °
3. o °'n`° ~' LOT AREA= n ~ s Shown
Q ,~ 10°~ 2850 ±SF* ~ °n p/bk
~ u / 0 4 ~ ~ ~ ~6' 7>
m ~ _~ o ~ z ~ ° ~/ a
DHCB m / vi ~ ~, en%er ^ c /~
FND ~ _o° N s~ ~ ~ o& decks ~ ` ° u (~
4 2~ °j ~OSo 9rOde ocr° ~
M ~ `3~ 0 3 ~ o~'~~ ROBtRT ^y~
+ m ~
bid 14 ~~ , ~ ~ ~ _ A, ,
DHCB line of °nd fe 3° o ° EbtACI{ :~ '.
FND ~ ~ wOy os s oµn re /inc of SDI ~ ~I ~ N~ 9~'`F 9 C~STE~ ~ ~ -'
°n p/b °CC~ ~ otiO . ~ ss~~~'/AL lA~~ S~• :'
Z ~6,~Z n
e °S,~ _.
~~ ~ N/fi 8324,3 y
v~ _~ Cq ~fR/ Y H, b'fG DHCB
Nf ~~ Any FND
~ CCpC 959 `gDSMi~ AS-BUILT PLOT PLAN
DHCB __ IN
FND ~ NANTUCKET, MASSACHUSETTS
CURRENT ZONING: R-1 SCALE: 1 "=20~ DATE: AUG. 14, 1998
MINIMUM LOT SIZE: 5000 SF
MINIMUM FRONTAGE: 50 FT DEED REFERENCE: DBK 404 PG 213
FRONTYARD SETBACK: 10 FT PLAN REFERENCE: PROP.PLBK 1/76
SIDE AND RtAR SETBACK: 5 FT ASSESSORS REFERENCE:
ALLOWABLE G.C.R.: 30~ MAP: 73.2.4 PARCEL: 04
EXISTING G.C.R.: 42% ± PREPARED FOR: FORREST A. RODTS,
(Gardner House=758±sf, Low Tide= 438±sf) TRUSTEE, GARDNER HOUSE TRUST
FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN
RELIES ON CURRENT DEEDS AND PLANS OF RECORD, EMACK SURVEYING
VERIFIED 8Y. FIELD MEASUREMENTS AS SHOWN HEREON. 2 WASHAMAN AVENUE
THIS PLAN IS NOT REPRESENTED TO BE A TITLE NANTUCKET, MA. 02554
EXAMINATION OR A RECORDABLE SURVEY. (508) 325-0940
N B 05/109 J-249