Loading...
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,{~ ~,~;LEi ,3'M. 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.~ ~ ~ ~- ' _ ~- ~ _- c~ c- ~ ~_, !~ ~I . w ~ `~ 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. l1•i ~`1 Z ® ~ ~.,.....__J ... ~OTKic~~~ r~ o •' -[R'i • r.Er~SiYERr'.U LAND SURVEYOR: ~ U ST. NANTtf~K~T. MABS. Z v~ W ~`' ~l . ~. *. ~ ~ 4 - ~ ~ ~~ ,~p~ RO W RT 'F~ pC ~ of `~ t _ .. 1 ~ L.a~ iOSiTER ~ ~_ . .- ' ~t----- ---~ .} ~ 11o.2ZN3 ~ ~-; ~ YYY ~` • -~,w^. .._. __ ^ ~p~Eaos suRY~ao oaovao Est 5,p A SHEET INDEX 1 ~ ._s ~+u 1.._ r' J 1 ~~~'39 1 ~~ A ~ ~_ 61 r.~~ '. .:r; ` ~ .~ tit ' ..,,>. ~ '~ ~, w. , t -_ 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. FRONT YARR. SJ3 .... ... :' .. . REAR dt S1DE`S:B.: I ... ... ~ '~ ' .. . GROUND COVER (7L): ~ .... .... !' ... . ~. ~z~ ~~'o r - 41 -540.1 N/F R.F KOZAR,TR. - N70°3.7~30~~ W • ~, ~.. ~~ Z ~O ~ t~p_ O r m iw O i 1 l ~.- Poo,c, t wood frome dwelinq 166 ~3 - I LOT 33 , 175 sf. ~- rn ° f V G. c.= //23 t s.z~ >fro~ ~,~. shop 1808 S. F. 166 D2 N 70° 37~ 30~~ W ~ / CHARLES W. CJ 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 1K~~ • r ... ~• . ~~ __ ~ ~ Z ~ r l _. _~ 1 ~ ~ -~ ~- Z • i. ~ ~ ~ ~ • j 4. ~ a ~~ ~ w ~ o ~ ~ w ro ~ ~ ~, ~~ ` 1 ` ~ ~ --~ ~ ~' ~' ~ ` ~ ~ ~ s ._.. _ ~ t _ ..!. ~_ ~ ~ N ~ .. r r ~ r "~ r r "~ ~~ ~ r r 6~ 09 • N ~ ,."~, M w ~ ~ t1 ~ ~ N ~ -~ ~ ~ ev ~- ~ 3 a - ~ ~ • t~1 ~ •M, -F- --~ . '..~ ~ , -~ r ~ .~ ~ ~ ~ _ . " ~ _ •_. ~~ ~ .~ . ~ .• .. ~.; r . ~ .