HomeMy WebLinkAbout106-99TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
Catherine Stover
Town Clerk
Town and County
16 Broad Street
Nantucket, MA
Building
02554
September 19, 2000
RE: ZBA FILE N0. 106-99, SUSAN BRISKMAN, 53 FAIR STREET
Dear Ms. Stover;
At a duly noticed public hearing of the Nantucket Zoning Board of
Appeals held at 1:00 P.M., Friday, August 11, 2000, the Board, by
unanimous vote (Michael O'Mara, Nancy Sevrens, D. Neil Parent, Edward
Toole and Edward Murphy), approved the Applicant's request for
clarification of the Decision issued in the above noted File No. 106-99.
At said hearing Applicant submitted a corrected site plan done by
Richard K. Earle, of Nantucket Surveyors, Inc., dated August 8, 2000,
marked as "New Exhibit A" and attached hereto.
The Board found that there would be no material change in the
original Decision with the substitution of a corrected plan that showed
no increase in the permitted ground cover, and with the siting of the
addition in approximately the same location as what was approved, though
in a slightly different configuration.
As this is a clerical correction, MGL c. 40A does not require a
new 20-day appeal period to run. For your convenience, a new copy of the
Decision with the New Exhibit A is attached for your certification. If
you need any further assistance with this clarification, please do not
hesitate to call the office at 228-7215. Thank you for your attention to
this matter.
Sincerely,
~P~~~" ~
~J
Linda F. Williams
Acting Zoning Administrator
cc: Melissa Philbrick RECEIVED
TOWN CLERK'S OFFICE
NANTI.~CKET, MA 02554
SEP 19 2000
~~» } - '
CLERK: k1_ c„ ,~,
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETTS 02554
Date: September 19, 2000
T0: Parties in Interest and Others concerned with the
Decision of the BOARD OF APPEALS in the Application of
the following:
APPLICATION NO.: 106-99
OWNER/APPLICANT: SUSAN BRISKMAN
Enclosed is the Decision of the Board of Appeals which has this
day been filed with the Nantucket Town Clerk. This Decision
provides a CLARIFICATION (not a Modification), an EXTENSION, or
authorizes a TEMPORARY PERMIT under Nantucket Zoning By-Law
§139-26H, with NO twenty (20) day appeal period required.
Michael J. 0' ara, Chairman
cc: Town Clerk
Planning Board
Building Department
~~~~~~~~~a~.~ 22~
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: December ~~ 1999
Application No.:
Owner/Applicant:
106'-99
SUSAN BRISKMAN
To: Parties
Decision of
following:
in Interest and. Others concerned with the
the BOARD OF APPEALS in the Application of the
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. Hourihah 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); §1.39-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET ZONING BOARD OF APPEALS
37 Washington Street
Nantucket, Massachusetts 02554
53 Fair Street, Nantucket Lot 1, Plan Book 20, page 73
Assessor's Map 55.4.1, Parce113.1 Deed Book 360, Page 145
Residential Old Historic
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on
Friday, November 12,1999, at 12:00 P.M., in the Conference Room in the Town
Annex Building, 37 Washington Street, Nantucket, Massachusetts ,the Board
made the following decision on the application (106-99) of SUSAN BRISKMAN
of 65 Sumner Road, Brookline, MA 02146, in connection with property known as
53 Fair Street, Nantucket, Massachusetts.
2. Applicant is seeking relief by SPECIAL PERMIT under Nantucket
Zoning By-law Section 139-33E(2)(a) as amended in the 1999 Annual Town
Meeting to permit the expansion of asingle-family dwelling on a 3,770± square-
footlot. Applicant proposes to renovate and expand the dwelling and demolish
the existing 10± foot by 14± foot shed. The resulting ground cover ratio would
be 39%+. SPECIAL PERMIT relief is also being sought under By-law Section 139-
33A(5) to renovate that portion of the structure that is situated within the
southerly side yard setback area that would increase the height of the structure
without coming any closer to that lot line. In addition, relief by VARIANCE is
being sought under By-Law, Section 139-16A (Intensity regulations -minimum
lot size) to validate the Lot as currently configured as separately marketable and
buildable from adjacent property and if necessary, to allow the project as
proposed. The Lot is nonconforming as to lot size with the Lot containing an area
of 3,770± square feet in a district that requires a minimum lot size of 5,000 square
feet; as to grorind cover ratio with the Lot containing 31.8 %± in a district that
allows a maximum ground cover ratio of 30% for undersized lots; and as to
setbacks with the structure being sited 0.8+ feet at its closest point from the
southerly side yard lot line and 3± feet at its closest point from the northerly side
yard lot line in a district that requires a minimum side yard setback of five (5)
feet. The Premises is located at 53 FAIR STREET, Assessor's Map 55.4.1, Parcel
13.1, Plan Book 20, Page 73, Lot 1. The property is zoned Residential-Old
Historic.
3. Our decision is based upon the application and accompanying
materials, and representations and testimony received at our public hearing. The
Planning Board made no recommendation finding that the application did not
~- ~~~~~~~r 2~~
present issues of planning concern. Eleven letters from neighbors in support of
the application were received at the hearing, and there was no opposition.
4~. - - In 1979, a flan was prepared by the owners of 53 Fair Street and 4
Lyon Street, which plan endorsed by the Nantucket Planning Board as not
requiring approval under the Subdivision Control Law, and recorded in Plan
Book 2U, page 73 at the Nantucket Pegistry of Deeds. This plan divided the
property known as 53 Fair Street into Lots 1 (containing 3,770± square feet) and
Lot 2 (containing 401± square feet) and showed the 4 Lyon Street property as Lot
3 (containing 3,100± square feet). Lot 2 was then conveyed to the owner of Lot 3
as a property line adjustment to provide the owner of Lot 3 with off-street
parking which resulted in the lots being more equal in size even though still non-
compliant with zoning. The conveyance of Lot 2 in 1979 by the then owner of the
Locus to the abutter created Lot 1 as a new lot, substandard as to area and
ground cover ratio, and therefore violated zoning. It did not create any new
building lots. The Applicant requests relief by variance in order to confirm the
validity of the Locus as a separate lot for zoning purposes.
5. Based on the interpretation that, having lost grandfathered status
for its dimensional and lot size non-conformities as a result in the reduction in lot
size in 1979, any relief with respect to dimensional issues must be by variance
and not by special permit, those aspects of the application requesting relief by
special permit were not acted upon by the Board.
6. The Applicant proposes to renovate and expand the existing
dwelling as shown on the attached plot plan, and to demolish the 10 by 14 foot
existing shed. The resulting ground cover ratio for the property will be slightly
less than 39%. In addition, so as to comply with building codes, renovations
along the rear of the existing building will require some increase to the height of
that portion of the building located 0.8± feet from the southerly property within
the side-yard set back area. While some of the proposed addition will be one-
and-one-half stories high, there will be no second floor living space within the
expanded portion of the structure.
7. The Board finds that the conveyance of Lot 2 to the abutter,
equalizing the size of the two lots without zoning relief, was in reliance on the
Planning Board's endorsement of the subdivision plan and was consistent with
the legal practice on Nantucket at that time. To refuse to recognize the lot's
zoning integrity at this point in time would create a substantial hardship for the
Applicant, who acquired the property 16 years ago in its current configuration
and acted in good faith throughout. The situation and facts presented do not
generally affect the zoning district but rather are uniquely related to the
undersized nature of the Locus and its abutting property and the need, twenty
2
;,~~K~~~~?AGE ~aiG~
years ago, to adjust the boundary line between the properties. The Board also
finds, based on the information presented at the hearing, that the relief may be
granted•without detriment to the public good or derogation from the By-law.
The By-law currently allows undersized lots to increase their ground cover ratio
from 30% to 50%, provided the increase is not detrimental to the neighborhood.
The letters from the neighbors supporting this application confirm that the
proposed renovation and expansion of the dwelling will not be detrimental to
the neighborhood.
8. The Board of Appeals voted UNANIMOUSLY to grant the
requested VARIANCE to confirm and validate Lot 1 as a separate lot for zoning
purposes and the structures thereon, notwithstanding its nonconformity with
area and ground cover requirements, and to allow the proposed project to
proceed, finding that owing to circumstances relating to the shape and
topography of the Locus and the structures thereon, and especially affecting the
Locus but not affecting generally the zoning district in which it is situated, a
literal enforcement of the provisions of the Zoning By-law would involve
substantial hardship to the applicants, and that desirable relief may be granted
without substantial detriment to the public good and without nullifying or
substantially derogating from the intent or purpose of the Zoning By-law, subject
to the following conditions:
(a) The proposed renovation and expansion shall be within the
footprint shown on the plot plan attached as Exhibit A; and
(b) No second floor living space shall be added within the area shown
as "proposed addition' on the attached plot
Dated: ~~-~~2J~- ~ 1~ ~~ Q R
_ RECEIVED
TOWN CLERK'S OFFICE
NANTUCKET, MA 02554
DEC 17 1999
TIME: ,,':~~- ~,,,~
A 5S~-.
CLERK: ~L -
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CURRENT ZONING: %',~H
MINIMUM LOT SIZE: ~~',o :~~=
MINIMUM FRONTAGE: 50
FRONTYARD SETBACK: N~K~=
SIDE AND REAR SETBACK: ~,~
ALLOWABLE G.C.R.: ~~1~~~~- t.A/ IFI.~ToF C~,~ ,uUO~~.Rcjr,~p)
EXISTING G.C.R.: '1,50% -~• (Tarac..)
FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN
RELIES ON CURRENT DEEDS AND PLANS OF RECORD,
VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON.
THIS PLAN IS NOT REPRESENTED TO BE A TITLE
EXAMINATION OR A RETRACEMENT SURVEY. '~`P`~H OF M1WSS9
I HEREBY CERTIFY TO THE BEST OF MY KNOWLEDG ~ RICHARD ~
THAT THE PREMISES SHOWN ON THIS PLAN ARE !~ K. '"
LOCATED WITHIN THE ` ZONE AS DELINEATED EARLS "'
ON THE "FIRM" MAP OF COMMUNITY N0. 250230; ~o,~~ 9~;~ TER~~ ,~~o~
MASS. EFFECIIVE: 6-3-86 BY THE FEDERAL s~ .Je
EMERGENCY MANAGEMENT AGENCY. ~'+ iN
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PLOT PLAN
IN
NANTUCKET, MASSACHUSETTS
SCALE: l~~= I~ DATE: aT, X999
p.~/iyEfJ $-g-oo
DEED REFERENCE: ~K3~ e~rla~5'
PLAN REFERENCE: ('L~I~ ~? t~, ):;
ASSESSOR'S REFERENCE:
MAP:55~4;1 PARCEL: I?~,I
PREPARED FOR: 5usa.r.~!
Fiuhr~a~
NANTUCKET SURVEYORS INC.
5 WINDY WAY
NANTUCKET, MA. 02554
- 32~ 1
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: December ~~ 1999
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: 106-99
Owner/Applicant:
SUSAN BRISKMAN
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.
. VV 1~ ~~~
William P. Hourihah 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
53 Fair Street, Nantucket Lot 1, Plan Book 20, page 73
Assessor's Map 55.4.1, Parce113.1 Deed Book 360, Page 145
Residential Old Historic
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on
Friday, November 12,1999, at 12:00 P.M., in the Conference Room in the Town
Annex Building, 37 Washington Street, Nantucket, Massachusetts ,the Board
made the following decision on the application (106-99) of SUSAN BRISKMAN
of 65 Sumner Road, Brookline, MA 02146, in connection with property known as
53 Fair Street, Nantucket, Massachusetts.
2. Applicant is seeking relief by SPECIAL PERMIT under Nantucket
Zoning By-law Section 139-33E(2)(a) as amended in the 1999 Annual Town
Meeting to permit the expansion of asingle-family dwelling on a 3,770± square-
foot lot. Applicant proposes to renovate and expand the dwelling and demolish
the existing 10± foot by 14± foot shed. The resulting ground cover ratio would
be 39%+. SPECIAL PERMIT relief is also being sought under By-law Section 139-
33A(5) to renovate that portion of the structure that is situated within the
southerly side yard setback area that would increase the height of the structure
without coming any closer to that lot line. In addition, relief by VARIANCE is
being sought under By-Law, Section 139-16A (Intensity regulations -minimum
lot size) to validate the Lot as currently configured as separately marketable and
buildable from adjacent property and if necessary, to allow the project as
proposed. The Lot is nonconforming as to lot size with the.Lot containing an area
of 3,770± square feet in a district that requires a minimum lot size of 5,000 square
feet; as to gro~ind cover ratio with the Lot containing 31.8%± in a district that
allows a maximum ground cover ratio of 30% for undersized lots; and as to
setbacks with the structure being sited 0.8± feet at its closest point from the
southerly side yard lot line and 3± feet at its closest point from the northerly side
yard lot line in a district that requires a minimum side yard setback of five (5)
feet. The Premises is located at 53 FAIR STREET, Assessor's Map 55.4.1, Parcel
13.1, Plan Book 20, Page 73, Lot 1. The property is zoned Residential-Old
Historic.
3. Our decision is based upon the application and accompanying
materials, and representations and testimony received at our public hearing. The
Planning Board made no recommendation finding that the application did not
present issues of planning concern. Eleven letters from neighbors in support of
the appl}cation were received at the hearing, and there was no opposition.
4~. • - In 1979, a flan was prepared by the owners of 53 Fair Street and 4
Lyon Street, which plan endorsed by the Nantucket Planning Board as not
requiring approval under the Subdivision Control Law, and recorded in Plan
Book 20, page 73 at the Nantucket Registry of Deeds. This plan divided the
property known as 53 Fair Street into Lots 1 (containing 3,770± square feet) and
Lot 2 (containing 401± square feet) and showed the 4 Lyon Street property as Lot
3 (containing 3,100± square feet). Lot 2 was then conveyed to the owner of Lot 3
as a property line adjustment to provide the owner of Lot 3 with off-street
parking which resulted in the lots being more equal in size even though still non-
compliant with zoning. The conveyance of Lot 2 in 1979 by the then owner of the
Locus to the abutter created Lot 1 as a new lot, substandard as to area and
ground cover ratio, and therefore violated zoning. It did not create any new
building lots. The Applicant requests relief by variance in order to confirm the
validity of the Locus as a separate lot for zoning purposes.
5. Based on the interpretation that, having lost grandfathered status
for its dimensional and lot size non-conformities as a result in the reduction in lot
size in 1979, any relief with respect to dimensional issues must be by variance
and not by special permit, those aspects of the application requesting relief by
special permit were not acted upon by the Board.
6. The Applicant proposes to renovate and expand the existing
dwelling as shown on the attached plot plan, and to demolish the 10 by 14 foot
existing shed. The resulting ground cover ratio for the property will be slightly
less than 39%. In addition, so as to comply with building codes, renovations
along the rear of the existing building will require some increase to the height of
that portion of the building located 0.8± feet from the southerly property within
the side-yard set back area. While some of the proposed addition will be one-
and-one-half stories high, there will be no second floor living space within the
expanded portion of the structure.
7. The Board finds that the conveyance of Lot 2 to the abutter,
equalizing the size of the two lots without zoning relief, was in reliance on the
Planning Board's endorsement of the subdivision plan and was consistent with
the legal practice on Nantucket at that time. To refuse to recognize the lot's
zoning integrity at this point in time would create a substantial hardship for the
Applicant, who acquired the property 16 years ago in its current configuration
and acted in good faith throughout. The situation and facts presented do not
generally affect the zoning district but rather are uniquely related to the
undersized nature of the Locus and its abutting property and the need, twenty
2
years ago, to adjust the boundary line between the properties. The Board also
finds, based on the information presented at the hearing, that the relief may be
granted~without detriment to the public good or derogation from the By-law.
The By-law currently allows undersized lots to increase their ground cover ratio
from 30% to 50%, provided the increase is not detrimental to the neighborhood.
The letters from the neighbors supporting this application confirm that the
proposed renovation and expansion of the dwelling will not be detrimental to
the neighborhood.
8. The Board of Appeals voted UNANIMOUSLY to grant the
requested VARIANCE to confirm and validate Lot 1 as a separate lot for zoning
purposes and the structures thereon, notwithstanding its nonconformity with
area and ground cover requirements, and to allow the proposed project to
proceed, finding that owing to circumstances relating to the shape and
topography of the Locus and the structures thereon, and especially affecting the
Locus but not affecting generally the zoning district in which it is situated, a
literal enforcement of the provisions of the Zoning By-law would involve
substantial hardship to the applicants, and that desirable relief may be granted
without substantial detriment to the public good and without nullifying or
substantially derogating from the intent or purpose of the Zoning By-law, subject
to the following conditions:
(a) The proposed renovation and expansion shall be within the
footprint shown on the plot plan attached as Exhibit A; and
(b) No second floor living space shall be added within the area shown
as "proposed addition' on the attached plot
Dated: ~ ~~P~-~ ~ ~ ~ ~ Q R
_ RECEIVED
TOWN CLERK'S OFFICE
NANTUCKET, MA 02554
DEC 17 1999
TIME: ,'3:~ p„~
~A~s~.
CLERK: ~.~ -~_
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CURRENT ZONING: F~`•~H •
MINIMUM LOT SIZE: F,~')o Wit=
MINIMUM FRONTAGE: 60 PLOT PLAN
FRONTYARD SETBACK: N«-ic IN
SIDE AND REAR SETBACKS NANTUCKET, MASSACHUSETTS
ALLOWABLE G.C.R.: ~A~ l~~' '.~o% IG WT oF'ctc, uuwz~o~ SCALE:1'~= ICI DATE: aT, X999
EXISTING G.C.R.: a8,$~~Cp~>
FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN DEED REFERENCE: P~-; 36o ft:cd~j
RELIES ON CURRENT DEEDS AND PLANS OF RECORD, PLAN REFERENCE: P~.~ [.~ Fes, 73
VERIFlEO BY FIELD MEASUREMENTS AS SHOWN HEREON. ASSESSORS REFERENCE:
THIS PLAN IS NOT REPRESENTED TO BE A TITLE MAP: 554:1 PARCEL: (3.1
EXAMINATION OR A RETRACEMENT SURVEY. 'PREPARED FOR: 5u5ty-1
I HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE ~~~,~\H OF ,y~, FlelLrr.J~tirl•
THAT THE PREMISES SHOWN ON THIS PLAN ARE ;~ '~~
LOCATED WITHIN THE ~= ZONE AS DELINEATED RICHARD y~ NANTUCKET SURVEYORS INC.
ON THE "FlRM' MAP OF COMMUNITY N0. 250230; Iv EARLE H 5 1MNDY WAY
MASS. EFFECTIVE: 6-3-86 BY THE FEDERAL ! +~
EMERGENCY MANAGEMENT AGENCY. "~;~ NO' 29~t6 Q NANTUCKET, MA. 02554
^, '~f/+ F
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~x~rblt ~
37 WASHINCI'ON S'I'1tEET
NA-N"~I'UCKET, MASSAC~-ILTSETTS 02554
PHONE 508-228-7215
FAX 50$-22$-7205
goTlcE
A Public Hearing of the NANTIICKET ZONING BOARD OF APPEALS will be
held at 12.00 P.M., FRIDAY, NOVEMBER 12, 1999, IN SHE CONFERENCE BOOM,
TOi~IN ANNEX BIIILDING, 37 Washington Street, Nantucket. Massachusetts, on
the Application of the following:
(NOTE THE EARLIER TII+IE OF 12:00 P.M. DUE TO T8E LARGE NUMBER OF CASES
BEING BEARD AND LIMITED MEETING SPACE, PLEASE CAI:L T$S OFFICE AHEAD TO
$ECBIVE AN APPROXIMATE TIME A PARTICULAR CASE MAY BE HEARD.)
SUSAN L BRISKMAN
BOARD OF APPEALS FILE N0. 106-99
Applicant is seeking relief by SPECIAL PERMIT under Nantucket
Zoning Bylaw §139-33E(2)(a) as amended in the 1999 Annual Town Meeting,
to permit the expansion of a single-family dwelling on a 3,770+
square-foot lot. Applicant proposes to renovate .and expand the dwelling
by demolishing the existing 10'+ x l~f'± shed. The resulting ground cover
ratio would be 39%+. SPECIAL PERMIT relief is also being sought under
Bylaw §139-33A(5) to renovate that portion of the structure that is
situated within the southerly side yard setback area that would increase
the height of the structure without coming any closer to that lot line.
In addition, relief by VARIANCE is being sought under Bylaw.§139-16A
(Intensity Regulations - minimum lot size) to validate the Lot as
currently configured as separately marketable and buildable from
adjacent property and if necessary, to allow the project as proposed.
The Locus is nonconforming as to lot size with the Lot containing an
area of 3,770+ square feet in a district that requires a minimum lot
size of 5,000 square feet; as to ground cover ratio with the Lot
containing 31.8%± in a district that allows a maximum ground cover ratio
of 30% for undersized lots; and as to setbacks with the structure being
sited 0.8+ feet at its closest point from the southerly side yard lot
line.and 3+ feet at its closest point from the northerly side yard lot
line in a district that requires a minimum side yard setback of five (5)
feet.
The Premises is located at 53 FAIR STREET, Assessor's Map 55..1,
Parcel 13.1, Plan Book 20, Page 73, Lot 1. The property is zoned
Residential-Old-Historic. r
William P. Ho ih n, Jr., Chairman
BoA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING Date
NANTUCKET, MA 02554 ~-(~~
Case No . ~ (,
APPLICATION FOR RELIEF
Owner's name(s): Susan L. Briskman
Mailing address: 65 Sumner Road Brookline MA 02146
Applicant's Name: Same
Mailing Address:
Lot Location: Assessor's map and parcel number 5541 - 13.1
Street Address: 53 Fair Street
Registry Land Court Plan, Plan Bk & Pg or Plan File 20/73 Lot 1
Date lot acquired: 2/28/91 Deed Ref 360145 Zoning district ROH
Uses on lot - commercial: None or MCD?
- number of: dwellings 1 duplex apartments rental rooms
Building date(s): all pre-8/72? X C of O?
B1dg.Permit appl.Nos. 6668-89 and 6625-89
Case Nos. all BoA applications lawsuits• 006-95 (withdrawn)
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 addendum2.
See Addendum A attached.
Items enclosed as part of this Application: order addendum x
Locus map x Site plan x showing present x + planned x structures
Floor plans present- proposed elevations (HDC approved pending)
Listings lot area x frontage x setbacks x GCR x parking data x
Assessor-certified addressee list 4 sets x mailing labels 2 sets x
$200 fee payable to Town of Nantucket x proof3 'cap' covenant
1(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 per' y.
n L. B.r'sk n
SIGNATURE : B Z~~~~~~~
Y Attorney/Agent X
By her Attorney, Melissa D. Philbrick
3(If not owner or owner's attorney enclose proof of authority)
FOR Bo :OFFICE USE
Application copies recd: 4_ or for BoA on ~~~/ by
One copy filed with Town Clerk on~~ Z/~l~by complete?!/
One copy each to Planning Bd and Building Dept/~'/~// C~ -
$200 fee check given Town Treasurer or}~~ ~/~by waived?
Hearing notice posted ~~ ~/ { ~mailed~0/~/j~I&M ~~/_/ ~~/ 1 /~
Hearing (s ) on,/_/_ cont ' d to_/_/_, _/_/_ withdrawn?_/_/_
Decision due by_/_/_ made-/_/_ filed TC_/_/
mai led-/_/_
See related cases lawsuits other
ADDENDUM A
Application of Susan L. Briskman
The Applicant is seeking a Special Permit under Section 139-33E(2)(a), as
amended in the 1999 ATM, to permit the expansion of the single family dwelling
on the property at 53 Fair Street . The property contains 3,770 ± square feet of
area and has an existing ground cover of 31.8% as shown on the attached plan
entitled "As-Built Plot Plan" prepared by Nantucket Surveyors. The Applicant
proposes to renovate and expand the existing dwelling as shown on the attached
plan of the proposed improvements also prepared by Nantucket Surveyors. The
Applicant proposes to demolish the 10 by 14 foot existing shed. The resulting
ground cover ratio for the property will be slightly less than 39%. In addition,
given that Fair Street is the front of the building, the Applicant requests under
Section 139-33A(5) a Special Permit to renovate that portion of the structure
within the southern side yard setback (which is 0.8 feet from the property line at
its closest point), which renovations also involve changes in roof pitch that may
cause a slight increase in the height of the structure within the setback.
In addition, the Applicant requests a variance to validate the lot itself as an
undersized lot created by a plan recorded in 1979 in Plan Book 20, page 73 (a
copy of which plan is attached). This plan was prepared in connection with the
conveyance of a strip of land from a former owner of this parcel to the abutter on
Lyon Street. When zoning was enacted in 1972, this parcel consisted of Lot 1 and
2 on the 1979 plan and therefore contained 4,171 square feet of land. The abutter
owned Lot 3 on the 1979 plan containing 3,100 square feet. After the 1979 plan
was recorded, one of the Applicant's predecessors in title conveyed Lot 2 to the
then owner of Lot 3 and Lot 2 is now merged into Lot 3 for zoning purposes.
The result is that the property which is the subject of this application (Lot 1)
contains 3,770 square feet of area and the combined Lot 2/3 contains 3,501 square
feet of area. No new building lots were created by this conveyance, but a
technical violation of the zoning code occurred when the size of this lot was
reduced. As a result of the conveyance the two building lots were made more
equal in size, but neither were or could be brought into compliance with the 5000
square foot minim~u~m~ lot size for the ROH zoning district.
~s ~ ~~~~ ~
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~~T' GR~,sj-Ep i9~~j PLB~Fi~.c-+k-1~4~~
CURRENT ZONING: RoH .
MINIMUM LOT SIZE: F~o51=
MINIMUM FRONTAGE:. 50
FRONTYARD SETBACK: NoKE: ..
SIDE AND REAR SETBACK:6
ALLOWABLE G.C.R.: -~o'ICY~ur~o'l4IFLmTo~'P..~G;uµp~F~l
EXISTING G.C.R.: /1.8 `% ~
FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN
RELIES ON CURRENT DEEDS AND PLANS OF RECORD,
VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON.
THIS PLAN IS NOT REPRESENTED TO BE A TITLE
EXAMINATION OR A RETRACEMENT SURVEY.
I HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE
THAT THE PREMISES SHOWN ON THIS PLAN ARE
LOCATED WITHIN THE-C-- ZONE AS DELINEATED
ON THE "FIRM" MAP OF COMMUNITY N0. 250230;.
MASS. EFFECTIVE: 6-3-86 BY THE FEDERAL
EMERGENCY MANAGEMENT AGENCY.
N.B. Iq2=_77
N= 3291
ah ,~ F~$
AS-BUILT PLOT PLAN
IN
NANTUCKET, MASSACHUSETTS
___
SCALE:1`'~ 10~ DATE: , .. ~.
DEED REFERENCE: f3-C36o. FG44~j
PLAN REFERENCE: f't,.~ 7A ?473
ASSESSOR'S REFERENCE:
MAP:Sh~q.,t PARCEL: 13~~
PREPARED FOR: SuSA~ L.,
P~~t~ K MAN
NANTUCKET SURVEYORS INC.
5 WINDY WAY
NANTUCKET, MA. 02554
--_ ;
p..
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CST G2E f+.'j-E_ D l y~~ ~ f'I..L3(7 FI l.G- ~- I ~L}tj )
CURRENT ZONING: r~'~N
MINIMUM LOT SIZE: ~~~o :~~
MINIMUM FRONTAGE: 50
FRONTYARD SETBACK: ~loK
SIDE AND REAR SETBACK:
ALLOWABLE G.C.R.: ~A°l~g~'.~o'~~-FwTo~'c~~e,G,U~t,~c~,~
EXISTING G.C.R.: as s ~°t ~~P~~
FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN
RELIES ON CURRENT DEEDS AND PLANS OF RECORD,
VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON.
THIS PLAN IS NOT REPRESENTED TO 8E A TITLE
EXAMINATION OR A RETRACEMENT .SURVEY.
I HEREBY CERTIFY TO THE BEST OF MY KNOWLEC
THAT THE PREMISES SHOWN ON THIS PLAN ARE
LOCATED WITHIN THE ~ ZONE AS DELINEATED
ON THE "FIRM" MAP OF COMMUNITY N0. 250230;
MASS. EFFECTIVE: 6-3-86 BY THE FEDERAL
EMERGENCY MANAGEMENT AGENCY.
e
N.B. I~j;'- '7
PLOT PLAN •
IN
NANTUCKET, MASSACHUSETTS
SCALE:1`~= I~ DATE: OAT, X999
DEED REFERENCE: ~K3ro F~=I~~
PLAN REFERENCE: P~~l~ z.~ fig, ~;3
ASSESSOR'S REFERENCE:
MAP: ~5,q;1 PARCEL: I'~.1
' PREPARED FOR:__Sus~W.
NANTUCKET SURVEYORS INC.
5 WINDY WAY
NANTUCKET, MA. 02554
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BOA FOP,i4
i~JANTUCE!ET ZOtTIi~JG BOAP.D OF APPEALS
TO~rJi•J AND COUNTY BUILDING
pJFSJTUCP:ET, i•1A 02554
ASSESSOP,' S LIST OF PP.P.TIES IN II`JTEP,ES":
2/89
PROPERTY 04JDJER : ~ Y~ s I~YY`Q Y \
APPLICANT FOR P.ELIEF (SAf~IE? ~~
ADDRESS OF PROPERTY : {~J ~~ (' 1 ~~~ ~" I - - --
ASSESSOR'S i~L~1P/PP.RCEL : SS • ~ • ~ - i 3 ' ~ -~
LIST OF PF.P.TIES IDJCLUDING P~DRESSES
* (OP. SEE ATTACHED ) :
RECEII/Ep
BOARp OF ASSESSQf~S
AUG 2 0 1999
TOWN OF
NANTUCKET, MA
I certify that the foregoing (or the attached ) lists X11 persons,
natural or legal, ~•~ho are owners of abutting property, o•.ti~ers of land
directly opposite on any public or private street or wa}'; and abutters of
the abutters and all other land owners ~•~ithin three hundred feet of the
property line of Owner's property, as they (and their add=ess) appear on
Ar hI.G.L. c. 40A, §11 and Zoning Co1~~
the most recent applicable tax list [p.-
Chapter 139, §139-29D(2))
~ 3 9 ~ G Q.~
Date Assessor's Office
Town of Nantucket
*NOTE: Applicant (Petitioner) should include with the lo~ for which zor.:i c:
relief is soughtzonin smatter}.-oLisa maptandgpa~celshfor eachtabutter.
involved in the 9
Submitted b}': Melissa D. Philbric Attorney
Date: 9r -
Cl i.ent : ~~ZtSKrh -
,.,-„
TOWN OF NANTUCKET PAGE
08/23/99 MUAS750 9.2
OWNER'S MAILING ADDRESS LIST
i5:20:n4
Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip
~.t; ..
Property Location
Map
4232 0105 BELASH JOHN W & JUDITH 107 ROSEVILLE ROAD
0006 FARMER ST
WESTPORT CT 06880
4232 0045 THEATRE WORKSHOP NANTUCKET INC PO BOX 1297
0007 TWIN ST
NANTUCKET MA 02554
4232 0104 BADIE HELEN JOAN
4137 VIA LARGAVISTA
0004 FARMER ST
PALOS VERDES ESTATES CA 90274
4232 0103 GREEN SUSAN Z
31 EAST 79TH ST
0002 FARMER ST
NEW YORK NY 10021
4232 0043 GREEN SUSAN ZISES
31 EAST 79TH STREET
0001 TWIN ST
NEW YORK NY 10021
4232 0157 ALHART DONALD E ETAL TRUSTEES 82 DEVONSHIRE ST S4A 0043 FAIR ST
FAIR ELSIE NOMINEE TRUST BOSTON MA 02109-3614
4232 0156 AIVALIKLES NORMA G
36 WALNUT HILL RD
0045 FAIR ST
AMHERST NH 03031
4232 0102 SAMUEL R SCOTT
118 OLD KINGS HIGHWAY
0047 FAIR ST
WILTON CT 06897
4232 0101 MUHLHAUSER ANN B
1124 COVINGTON RD
0049 FAIR ST
BLOOMFIELD VG MI 48301
4232 0041 WALTERS A CHARLES JR & MARTHA PO BOX 23
0001 LYON ST
NANTUCKET MA 02554
4232
0040
FEENY GENEVIEVE TR 0003 THIRD RD 0051 FAIR.ST. .
-
FAIR STREET NOMINEE TR HOPKINTON MA 01748
4232 0186 ROACH GEORGE E & MARIA PO BOX 228
0040 FAIR ST
POUND RIDGE NY 10516
4232 0185 WALLER WILLIAM A TRUSTEE 0042 FAIR ST
0042 FAIR ST
WALLER FAIR STREET NOM TR UST NANTUCKET MA 02554
4232 0155 TENEBRUSO CARMINE L & ABBIE 44 FAIR ST
0044 FAIR ST
NANTUCKET MA 02554
4232 0154 MINSTRELL RICHARD
0046 FAIR ST
0046 FAIR ST
PO BOX 864 NANTUCKET MA 02554
4232 0100 SCHINDLER MARIANNE G
PO BOX 269
0048 FAIR ST
POCOPSOU PA 19366-0269
4232 0099 HUMES ROBERT P & GERTRUDE T 0050 .FAIR ST
0050 FAIR ST
NANTUCKET MA 02554
4232 0039 GLOW FREDERICK G S
PO BOX 391
2-2A LYON ST
NANTUCKET MA 02554
4232 00371 DOWD EDWARD P & MARY ANN 0122 GREAT PLAIN AVE
0059 ORANGE ST
WELLESLEY MA 02481
4232 0098 GLEASON EDWARD K
200 WAKE ROBIN DR
0055 ORANGE ST
SHERBURNE VT 05482
4232 0153 PALACHE JOHN G JR & SALLY B 0035 RIDGEVIEW AVE
0053 ORANGE ST
GREENWICH CT 06830
4232 0183 *SCHUSTER SHANNON
51 ORANGE ST
0059 ORANGE ST
NANTUCKET MA 02554
4232 0184 _
*MACY THOMAS L-& MARY D & PO BOX 235
0049 ORANGE ST
RICHARD H & JARVINEN SUSAN SIASCONSET MA 02564
4232 0207 VOORHEES EUGENIE H
PO BOX 872
0047 ORANGE ST
NANTUCKET MA 02554
4232 0208 SIMONIAN EDWARD,; ,
0084 WILLIAMS ST
047A ORANGE ST
WORCHESTER MA 01609
4232 0209 SIMONIAN KAREN M
0084 WILLIAM ST
0045 ORANGE ST
WORCESTER MA 01609
08/23/99 TOWN OF NANTUCKET
15:20:04 OWNER'S MAILING ADDRESS LIST
Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location
4232 0221 NANTUCKET FOUR CHIMNEYS INC 0038 ORANGE ST
0038 ORANGE ST
NANTUCKET MA 02554
4232 0206 YOZELL ABBY P
174 FARM ROAD
0040 ORANGE ST
SHERBORN MA 01770
4232 0205 OCALLAGHAN HAROLD A JR
87 BEDFORD RD
0001 GORHAMS CT
KATONAH NY 10536
4232 0152 REINER PETER C & WOODS JULIE R 0207 WENDOVER RD
0044 ORANGE ST
TRS 44 ORANGE ST NOMINEE TRUST BALTIMORE MD 21218
4232 0151 REINER PETER C TR
0207 WENDOVER RD
0046 ORANGE ST
C/0 WOODS JULIE REINER BALTIMORE MD 21218
4232 0097 LETHBRIDGE FRANCIS D & MARY C 48 ORANGE ST
0048 ORANGE ST
NANTUCKET MA 02554
4232 0035 WALTERS A CHARLES & THAYER NAN 0050 ORANGE ST
0050 ORANGE ST
NANTUCKET MA 02554
-Si-
~-
0050 9RnNr,F cT _
S-A~-HARL-E-S-& -IHA-YER-#AN OR~Gf
-~~
N,ANFUEKET--'MA-02554-
5541 0017 FOSTER GENE G ETAL 3604 WILLIAMS BOROUGH CT 0052 ORANGE ST
RALEIGH NC 27609
5541 0018 FRANK ERNEST H & KATHRYN 0232 COUNTY RD
0054 ORANGE ST
DEMAREST NJ 07627
5541 0078 AMICK ROBERT A TRUSTEE
22 WALKER TERRACE
0065 ORANGE ST
SAFE HARBOR TRUST ATLANTA GA 30309
5541 0016 WILSON PETER J & BROOKS K 1 CREST ACRE COURT
0063 ORANGE ST
SUMMIT NJ 07901
5541 0077 JONES MIRIAM HASKELL
0058 FAIR ST
0058 FAIR ST
NANTUCKET MA 02554
5541 0014 LACAILLADE JOHN &
PO BOX 269
0054 FAIR ST
BROTHERS BUILDING CO WAITSFIELD VT 05672
5541 0015 SHAW ANN W & SHAW JOHN I JR 0061 ORANGE ST
0061 ORANGE ST
NANTUCKET MA 02554
5541 0074 KEARNEY GRAIL W
121 WYKEHAM RD
0055 FAIR ST
WASHINGTON CT 06793
5541 0012 *DANIELSEN MARY .,HOWARD
240A EATONCREST DR
0004 LYON ST
C\0 ROBERT DANIELSEN EATONTOWN NJ 07724
5541 0073 WELTON CHARLES E & OLIVE E 6 LYON ST
0006 LYON ST
NANTUCKET MA 02554
5541 0072 AMES ROBERT S & MARGARET A 0626 ANGELL ST
0008 LYON S7
PROVIDENCE RI 02906
5541 0071 LOOK RICHARD A & BERNICE N 4 OCEAN RIDGE COURT
0088 LYON ST
PONTE VEDRA BEACH FL 32082
5541 0070 FOSTER BARRY G & ANNE MARIE 0010 LYON ST
0010 LYON ST
NANTUCKET MA 02554
5541 0069 POMERANZ DIAN M
265 FARMS VILLAGE RD
0038 PINE ST
_ SIMSBURY CT 06070
5541 0011 HEDAA MARYANN G
110 MILLARD AVE
0003 LYON ST -
BRONXVILLE NY-10708
5541 0010 SILLIMAN GEORGIA H
0107 ARGYLE AVE
0005 LYON ST
W HARTFORD CT 06107
7 LYON STREET 0007 LYON ST
5541 0009 *ROSS NINA M
NANTUCKET MA 02554
5541
0008
WALLACE PETER A & KATHLEEN Z
0036 PINE ST 0036 PINE ST
..
NANTUCKET MA 02554
PAGE 2
MUAS750 9.2
08/23/99 TOWN OF NANTUCKET PAGE 3
15:20:04 OWNER'S MAILING ADDRESS LIST `MUAS750 9.2
Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location
5541 0117 DYMLING JOHN EVERT & W GLORIA 0009 HANSON DR 0040 PINE ST
N KINGSTOWN RL 02852
5541 0118 DYMLING JOHN EVERT & W GLORIA 0009 HANSON DR 0007 JEFFERSON LN
N KINGSTOWN RI 02852
5541 0076 GULICK MARY 0057 FAIR ST 0057 FAIR ST
NANTUCKET MA 02554
5541 0127 ALEXANDER JEFFREY & DODGE JOAN PO BOX 3658 0059 FAIR ST
C/0 BANK BOSTON MORTGAGE CORP BOSTON MA 02241
5541 0075 COOPER SHIRLEY S 0209 COMMONWEALTH AVE 0001 EAGLE LN
NEWTON MA 02458
5541 0123 HAYS DAVID S ETAL TRUSTEES 31 WEBSTER LOCK RD 0003 EAGLE LN
HAYS FAMILY NOMINEE TRUST ROSENDALE NY 12472
5541 0161 ROSSKAM DAVID D 4206 37TH ST NW 0005 EAGLE LN
WASHINGTON DC 20008
5541 0200 PEREIRA JOAQUIN EST OF 76 EAGLE LN 0008 JEFFERSON LN
NANTUCKET MA 02554
5541 0160 PEREIRA JOAQUIN EST OF 7B EAGLE LN 0007 EAGLE LN
NANTUCKET MA 02554
5541 0121 MILLER CANDICE A & EDWARD M 77 CANAAN PLACE 0042 PINE ST
ALLENDALE NJ 07401-1891
5541 0159 SYKES WENDELL S 38 FOUNT SQ PL ML1090 CS 0009 EAGLE LN
FKA SCHACHT CINCINNATI OH 45263-0001
5541 0185 *REED LAUREL ANN 44 PINE ST 0044 PINE ST
NANTUCKET MA 02554
5541 0186 SLATER ELIZABETH;) 7 SILVER STREET 0007 SILVER ST
NANTUCKET MA 02554
5541 0162 HOURIHAN LOUISE E PO BOX 602 0008 EAGLE LN
NANTUCKET MA 02554
5541 0124 BLUMENFELD PHILIP & JANET PO BOX 422 0006 EAGLE LN
IRON MOUNTAIN MI 49801
5541 0125 FEUERBACH FLORENCE1C 0034 PRYER LN 0004 EAGLE LN
LARCHMONT NY 10538
5541 0164 SHEEHAN ANN L 0006 SILVER ST 0006 SILVER ST
NANTUCKET MA 02554
5541 01651 WARD DONALD H & KATHERINE S 0022 CAMBRIDGE DR 004A SILVER ST
N CALDWELL NJ 07006
5541 0165 PHILBRICK NATHANIEL & MELISSA 0004 SILVER ST 0004 SILVER ST
NANTUCKET MA 02554
5541 0128 KINNEY VIRGINIA R PO BOX 611 0002 EAGLE LN
NANTUCKET MA 02554
5541 0129 EVANS MILDRED 0003 SILVER ST 0003 SILVER ST
NANTUCKET MA 02554
5541 0130 SHAW MAXINE F 0060 FAIR ST 0060 FAIR ST
NANTUCKET MA 02554
5541 0130 SHAW MAXINE F 0060 FAIR ST 0060 FAIR ST
NANTUCKET MA 02554
5541 0131 LEE JUDITH F, 69 ORANGE ST 0069 ORANGE ST
NANTUCKET MA 02554
5541 00791 WEATHERLEY SUSAN W 120 PROSPECT RIDGE ROAD 0067 ORANGE ST
RIDGEFIELD CT 06877
5541 00792 *NANTUCKET TOWN OF 0016 BROAD ST 058A ORANGE ST
NANTUCKET MA 02554
TOWN OF NANTUCKET PAGE 4
08/23/99 MUAS750 9.2
15:20: Q4 . OWNER'S MAILING ADDRESS LIST
Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location
0061 ORANGE ST
5541 0015 SHAW ANN W & SHAW JOHN I JR 0061 ORANGE ST
NANTUCKET MA 02554
PO BOX 48926 0041 PINE ST
5541 0116 HARBACH MIMSI M TR SARASOTA FL 34230-5926
C/0 HUNTINGTON TRUST
0043 PINE ST
5541 0158 TAYLOR-CHATFIELD MONCURE L TR 400 W STEPHEN ST
CHATFIELD-TAYLOR NOMINEE TRUST MARTINSBURG WV 25401
5541 0184 BAKER CLIFFORD C TRUSTEE 2100 INDIAN CREEK BLVD E #A301 0045 PINE ST
20 UNION ST REALTY TRUST VERO BEACH FL 32966 ~
NUMBER OF RECORDS = 8~ $ c~ l / ~ ~ ~~~'~ ` ~~"
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