HomeMy WebLinkAbout095-99TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: December~~„ 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.: 095-~99
Owner/Applicant: HILLARY C. ANAPOL
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.
~.
. William P. Houriharr 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 41
Parcel 540
R-2
19 Madaket Road
Plan Book 24, Page 67, Lot 1
Deed Ref. 415/312
At a Public Hearing of the Nantucket Zoning Board of Appeals held
at 12:00 P.M., Friday, October 22, 1999, in the Conference Room, Town
Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the
Application of HILLARY C. ANAPOL, of 19 Madaket Road, Nantucket, MA 02554,
Board of Appeals File No. 095-99, the Board made the following Decision:
1. Applicant is seeking relief by SPECIAL PERMIT under Nantucket
Zoning Bylaw §139-33A (alteration/expansion of a pre-existing
nonconforming structure/use). Applicant proposes to construct a 17' x 17'
addition onto the northeasterly rear corner of a said to be pre-existing
"shop" that will be sited outside of the required 30-foot front yard
setback area. The Locus is nonconforming as to front yard setback with
the subject structure being sited at 17+ feet at its closest point from
the lot line along Madaket Road; as to side yard setback with the
principal structure, a single-family dwelling, being sited closer than the
required ten (10) feet from the westerly side yard lot line. All other
dimensional requirements will be met.
The Premises is located at 19 MADAKET ROAD, Assessor's Map 41,
Parcel 540, Plan Book 24, Page 67, Lot 1. The property is zoned
Residential-2.
2. The Decision. is based upon the Application and materials submitted
with it and the testimony and evidence presented at the the hearing. The
Planning Board made no recommendation as the matter was not of planning
concern. There was one (1) letter on file from the predecessor-in-title
alliterating the commercial history of the structure to help validate the
continuos use without a three (3) year lapse in said use to the present,
which would preserve the grandfathered status of the Locus. There was no
public concern expressed at the hearing.
3. Applicant, through counsel, represented that she proposes to
construct an approximately 17' x 17 ', or a maximum of about 289 square
feet, addition onto the rear of the structure which would meet all setback
requirements as well as dimensional and parking requirements. The shop
would continue to be used commercially. Applicant further states that the
addition would have little impact as it was situated to the rear of the
structure.
4. Therefore, the Board finds that the Applicant has validated the
pre-existing nonconforming commercial nature of the use of the structure
and that the expansion with the proposed addition would not be
substantially more detrimental to the neighborhood than the existing
nonconformitl- as said addition would be sited outside of the required
front yard setback area and have little impact upon the surrounding area.
5. Accordingly, by a unanimous vote, the Board GRANTS the requested
relief by SPECIAL PERMIT under Natnucket Zoning Bylaw §139-33A to allow
the construction of up to about 289 square feet of additional ground cover
as proposed upon the following condition:
- The addition shall be constructed in substantial conformance
with Certificated of Appropriateness No. ~a,7,3(p, as may be amended,
issued by the Nantucket Historic District Commission.
Dated: December t~o2., 1999
RECEIVED
TOWN CLERK'S OFFICE
NANTUCKET, MA 02554
DEC 21 1999
TIME:~~.3;.~.y ~ M
CLE~K:~ l.._ ,
..
Michael J. O'Mara
D. Nei Parent
Nancy Sevr~ s
TOWN OF NANTUCKET
~G1~TING Ba-ARD O~ APPE~~LS .
37 WASHINGTON STREET
NAN'T'UCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
- FA.X 508-228-7205
NOTICE
A Public Hearing of the NANTIICKET ZONING BOARD OF APPEALS will be
held at 12-00 P.M., FRIDAY, OCTOBER 22, 1999, in the CONFERENCE ROOM OF
THE TOWN ANNEX BIIILDING, 37 Washington Street, Nantucket, Massachusetts,
on the Application of the following:
(NOTE THE EARLIER TIME/CHANGE OF DATE. DIIE TO THE LARGE NIII~ER OF CASES
BEING HEARD AND LIMITED MEETING SPACE, PLEASE CALL THE OFFICE AHEAD TO
ASCERTAIN AN APPROICIMATE TIME A PARTICDLAR CASE MAY BE HEARD)
HILLARY C. ANAPOL
BOARD OF APPEALS FILE N0. 095-99
Applicants are seeking relief by SPECIAL PERMIT under Nantucket
Zoning Bylaw §139-33A (alteration/expansion of a pre-existing
nonconforming use/structure). Applicant proposes to construct a 17' x
17' addition onto the rear (northeast corner) of a said to be
pre-existing "shop" that will be sited outside of the 30-foot required
front yard setback area. The Locus is nonconforming as to front yard
setback with the subject structure being sited at 17+ feet at its
closest point from the lot line along Madaket Road; and as to side yard
setback with the principal single-family dwelling being sited closer
than the required ten (10) feet from the westerly side yard lot line.
All other dimensional requirements will be met.
The Premises is located at 19 MADAKET ROAD, Assessor's Map ~1,
Parce 5'~0, Plan Book 2'(, Page 67, Lot 1. The property is zoned
Residential-2.
~ V~ ~ ~, ~ ~; ,, ::~~=r = Wi liam P. H ri n, Jr. , C airman
{~~r'd~ ; ~ _. t~L Ott il~:i::r~
t~`"~ i ~ 6 R'~9
r,{~
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THIS ~ NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
.ALTERNATIVE FORMATS. FOR ASSISTANCE PLEASE
CALL (508) 22$=7215.
BoA Form 1-8'9 NANTIICKET ZONING BOARD OF APPEALS
TORN AND COIINTY BIIILDING Date
NANTIICRET~ MA 02554 (~
~
~~
J-
CASE No
APPLICATION FOR RELIEF
owner's name(s): Hillary C. Anapol
Mailing address: 19 Madaket Road
Applicant's name: same as above
Mailing address: same as above
0041-540
Location of lot: Assessor's map and parcel number --
street address: 19 Madaket Road
Registry Land Ct Plan, Plan Bk & Pg or Plan File 2467 Lot 1
-
-
Book 415, Page
3I'~
Date lot acquired: ~~ 93 Deed Ref _,_ Zoning district R-2
Uses on lot - commercial: None or MCD?
- number of: dwellings- duplex- apartments- rental rooms-
Building date(s): all pre-8/72? 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 (and 139-33A
if to alter or extend a nonconforming use). If appeal per 139=3~A ~
& B _ , attach decision or order appealed. OK to attach addendum ~
s ~.. } ~ I
See attached ~! ~-~
r.~ ~ ~ ~-
'
_ ~- ~
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Items enclosed as part of this Application: orderl addendum2 _
~
Locus map x Site plan x showing present +planned structures ~;,
Floor plans present proposed- elevations (HDC approved?Y ) _~ ~,~~
~~
Listings lot area frontage setbacks GCR parking data ~
- `~
Assessor-certifiedaddressee Dist 4 sets x ma~ling labels 2 sets x
200 fee payable to Town of Nantucket x proof
'cap' covenant
-
(If an appeal, ask Town Clerk to senc~Bldg Comr's record to BoA.)
I certify that the equested information submitted is substantially
complete and t e the best of my knowledge, under the pains and
penal
SIGNATURE: -'~plicant Attorney/agent _
3(If not owner or owner's attorney, enclose proof of authority)
• FOR Bojs OFFICE USE
Application copies recd: 4 or for BoA on~~ by
One copy filed with Town Clerk on~,•,~jj'~by
complete?
,/~Q
One copy each to Planning Bd and Buildin
g Dept~~P C ~ y
/)
$200 fee check given Town Treasurer on~ " ~by~7~~~waived?
~
~ & ~~)
Hearin notice ostedE t~ ~}ma' a U
g P ~~.L/ it dC~-/L1 i 2'ff~~l l~ ~/~ 9
Hearing(s) on~_/_ cont'd to_/~_, ~~_ withdrawn?~~_
Decision due by_/~_ made~~_ filed TC~_/_ mailed~~_
See related cases lawsuits other
Applicant is seeking a Special Permit under Section 139-33 A (1 ). Applicant
proposes to add a 17 x 17 room at the rear of the shop (northeast corner). This addition
will comply with the setback requirements. The shop is apre-existing non-conforming
structure with a front yard setback of 17 + feet in a zoning district that requires 30 feet.
The lot is 33,175 square feet in a R-2 zoning district that requires 20,000 square feet.
The existing ground cover is 2,931 square feet or 8.8 % with an allowable ground cover
of 4,147 square feet or 12.50%.
The premises is located at 19 Madaket Road, Assessors Map 0041, Page 540,
Plan Book 24, Page 67. The property is zoned R-2.
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RHODA H. WEINMAN, ATTORNEY
RECEIVED 36 Centre Street - PO Box 1365
BOARD OF ASSESSORS Nantucket, MA 02554
(508) 228-9600
AUG 2 0 1999
TOWPv Ur Zoning Board of Appeals
NANTUCKET, MA
APPLICATION FOR ABUTTERS LIST
List of Parties in interest in the matter of the Petition of:
PROPERTY OWNER: Hillary Anapol
MAILING ADDRESS: 19 Madaket Road, Nantucket, MA 02554
PROPERTY LOCATION: 19 Madaket Road
ASSESSORS MAP /PARCEL: `1~ ~ y~;
SUBMITTED BY: Rhoda H. Weinman, Attorney
SEE ATTACHED: PAGES
~3-
I certify that the foregoing is a list of persons who are owners of land immediately
abutting the property and churches and schools within 3G0 feet of the property, all as
they appear on the most recent applicable tax list.
~ ~ y ~
Date
Date Received: D
Assessor,~Town of Nantucket
~ ~~c~
08/24/99 TOWN OF NANTUCKET
09:35:47 OWNER'S MAILING ADDRESS LIST
Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip
0041 0408 *WOLFE RICHARD C PO BOX 778
NANTUCKET MA 02554
0041 0407 CRONIN LAWRENCE J JR & KELM KA PO BOX 358
NANTUCKET MA 02554
0041 0303 *NEWHOUSE NANCY A TRUSTEE PO BOX 333
NANTUCKET MA 02554
0041 0301 *TIPPER HARRY III & KATHLEEN S 56 WEST MAIN STREET
MENDHAM NJ 07945
0041 0300 HILL WARREN W TR 4 SOUTH MILL ST
HILL REALTY TRUST NANTUCKET MA 02554
0041 05401 BROOK LOREN E PO BOX 2297
NANTUCKET MA 02584
0041 0405 GRANT ALICE J 0014 MEADOW LN
NANTUCKET MA 02554
0041 0404 WILSON PETER M JR PO BOX 16
NANTUCKET MA 02554
0041 04011 LOWELL ANDREW G & SHERRI V 4 NEW LANE
NANTUCKET MA 02554
0041 0299 DALE KEVIN f TRUSTEE 1 HILL RD
C/0 JOHN KEESHAN GREENWICH CT 06830
0041 02991 CARISEO DAVID J & PEGGY A 121 GERRISH LN
NEW CANAAN CT 06840
0041 02992 CRYSTAL JAMES & HANNELORE PO BOX 280
STEVENSON MD 21153
0041 02993 DRISCOLL DANIEL F & CONSTANCE 60 CHARLES LINDBURGH BLVD
C\0 EMIGRANT SAVINGS BANK MITCHELL FIELD NY 11553
0041 0306 MACDONALD GARDNER PO BOX 884
NANTUCKET MA 02554
0041 0305 SYLVESTER RICHARD A & DEBRA L 22 MADAKET RD
NANTUCKET MA 02554
0041 0187 ODDLEIFSON JANNA M & ERIC TRS 58 FEARING ROAD
DAISY HILL NOMINEE TRUST HINGHAM MA 02043
0041 01851 *EMERSON MICHAEL W C 7 CHARLTON STREET
EVERETT MA 02149
0041 0186 RICHARD THOMAS H & LORE M PO BOX 57
NANTUCKET MA 02554
Property Location
0031 MADAKET RD
0029 MADAKET RD
0023 MADAKET RD
0021 MADAKET RD
021R MADAKET RD
0017 MADAKET RD
0014 MEADOW LN
0012 MEADOW LN
008R NEW LN
015R MADAKET RD
0158 MADAKET RD
015A MADAKET RD
0015 MADAKET RD
0024 MADAKET RD
0022 MADAKET RD
0002 .DUKES RD
0008 MADAKET RD
0012 MADAKET RD
PAGE 1
MUAS750 9.2
NUMBER OF RECORDS = 18
zoNtrrc classiFlcATiox: R.-2 .... EwsnNC:
uw aREA:24Q,¢ .F..... .SEE PLAN.
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REAR dt S1DE`S:B.: I ... ... ~ '~ ' .. .
GROUND COVER (7L): ~ .... .... !' ... .
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~ / CHARLES
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HART
-h, No. 32469
"1-a,,"~~l Li+NU
~ - ~-~3
TO:..N.`- !v' TV G K ,e;'.T ,B/{.NlC .. .
I CERTIFY, TO THE BEST OF WY IWOWLEDGE, THAT THE PREMISES
SHOWN ARE LOCATID w FLOOD HAZARD ZONE .".G:..,DEUNEATFD
ON F1R.LL / (~YLUUNfiTY PANEL NUUBER: 250230-00 .rj...Q, BY
THE FED EMERGENC'f WNAGEMENi AGENCY. EFFECTNE DATE
OF WPS JUNE 3, 1986, AND AS PER1001CALLY REVISED.
ROAD
i~ORTGAGE PLOT PLAN
OF LAND IN
NANTUCKET, MASS.
SCALE: 1'=40 ~ DATE: 5- ~ - S 3
.Lf~~.DI TODD J~O ~A.6 , TRST.
Ownsr. ~Nt; 4.,c,.v, .~vo; ~-t ~iv.~,~ T;R cis ~r , ,
.Z.o T 1
THIS PLOT PLAN WAS PREPARID FOR MORTGAGE PURPOSES Deed: e2r9 9.-!.°3'. Plan: . ~'¢ - 6 ? . .
ONLY AND LS NOT TO BE CONSIDERED A FULL 1NSTRUIIENT ~.9 .~'t.4DA.KiET
SURVEY. THIS PLAN SHOULD N07 9E USED TO ESTABLISH _ Tax Alap: '~~ : ~'4O. .Locus: .14 D• . .
PROPERTY LINES, FENCES, HEDC CJ
57RUCTURES ON THE PREMISES. THE PROPERTY LITVES SHOWN CHARLES W. HART dC ASSOCIATES, IIIC.
RELY ON CURRENT DEEDS AND PLANS OF RECORD. SANFORD BOAT HTJII,DING
THIS PLOT PLAN IS NOT A CERTIFlCATION AS 70 THE TITLE OR
OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINUJG 49 SPARKS AVENUE
PROPERTIES ARE SHOWN ACCORDING TO CURRENT ASSESSOR NANTUCKET, 3dA33. 02554
RECORDS OF THE TOWN OF NANTUCKET. NOT TO BE RECORDED. (508) 228-8910 H- 3 936
Melton Kowland + Hssoc IEL=1-508-228-2082 Sep 14,99 12 16 No .004 P.O1
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