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Home My WebLink About107-99TOWN 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.: 107-99 Owner/Applicant: DAVID E. ATWOOD AND KATHLEEN C. ATtid00D 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. - Z?-Gt.I~ _ 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 §139-301 (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 60.2.1, Parcel 44 17 Washington Avenue Residential-2 Certificate of Title No. 18768 Lot 130-B Land Court Plan No.3092-10 DECISION: 1. At a public hearing Appeals, on Friday, November Conference Room, Town Annex Nantucket, Massachusetts, the on the application of DAVID E. Sarah F. Alger, P.C., Two Unix 02554, File No. 107-99: of the Nantucket Zoning Board of 12, 1999, at 12:00 P.M., in the Building, 37 Washington Street, Board made the following decision ATWOOD AND KATHLEEN C. ATWOOD, c/o ~n Street, Nantucket, Massachusetts 2. The applicants seek a Special Permit under Nantucket Zoning By-law §139-33.A(4)(a) and X139-33.A(5) (alteration or extension of a pre-existing nonconforming structure), including a finding under Mass. Gen. Laws c.40A, §6. The applicants propose to alter a said to be pre-existing single-family dwelling by upward expansion, adding a second floor on to the existing single-story structure within the front and southwesterly and northeasterly side yard setback areas, and by constructing an. addition to the existing structure within the northeasterly side yard setback area, without coming any closer to those lot lines than the existing structure. In the alternative, and to the extent necessary, the applicants further request relief by Variance under Nantucket Zoning By-law §139-16A to undertake the alteration and expansion as proposed. The locus is nonconforming as to lot area, containing about 4,000 square feet in a district that requires a minimum lot size of 20,000 square feet; as to frontage, having frontage of about 50 feet on Washington Avenue in a district that requires minimum frontage of 75 feet; and as to front and side yard setbacks, having front yard setback of about 17.45 feet at its closest point from the front lot line on Washington Street in a district that requires minimum front yard setback of 30 feet and having side yard setback of about 2.44 feet at its closest point from the southwesterly side yard lot line and about 2.10 feet at its closest point from the northeasterly side yard lot line, in a district that requires a minimum side yard setback of 10 feet. The premises are located at 17 Washington Avenue, Assessor's Map 60.2.1, Parcel 44, Land Court Plan No. 3092-10, Lot 130-B, and are zoned Residential-2. 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 applicants propose to alter and extend their pre- existing, nonconforming single-family dwelling by adding a second floor addition and an addition that will extend to the southeast along the northeasterly lot line, without coming any closer to that lot line than the existing structure. The Nantucket Historic District Commission has issued Certificates of Appropriateness Nos. 34716 and 34982 for the applicants' plans. The structure was constructed prior to the July 1972 effective date of the Nantucket Zoning By-law and, as such, constitutes a pre-existing, nonconforming structure within the meaning of the By-law. Much of the work will occur within the required front and side yard setback areas, both on the northeast and the southwest, but will not increase any such nonconformity by further intruding into either the required front or side yard setback area. Accordingly, the appropriate relief in this case is by special permit, and no relief by variance is required. In addition, the bulk of the work, including the extension of the structure on the ground, will occur in areas of the premises that are bordered by streets, and as a result, the impact of the project on the abutters will be lessened. 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, under Nantucket Zoning By-law §139-33.A, upon the express condition that the alteration and extension hereby permitted shall be performed in substantial conformity to the plans submitted to the Nantucket Historic District Commission and approved by it in Certificates of Appropriateness Nos. 34716 and 34982, as the same may be amended from time to time, and the site plan drawn by Aileen L. Barth & Associates, Inc., dated July 26, 1999, a copy of which is attached hereto as Exhibit A. Dated: December ~~, 1999 RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 DEC 17 1999 rimE:__ 3: 3 a ~,~ CLE~i~:~~, ` Nancy J. Sevrens 2 ~~ ~~~ ~ ~~ V ~ ~ ~ ~ ~ _ r JJO~~ ~ 7E ~' ,~ ? O -( .: ~ .. J J J o~ ~ ~ dxx~* ~ ~_ ~ a ~,~ IJ ~- b.. a;-a~ .. -fie' \~ z I1~p ~ ~, {W. fN a i'~ n. O 2 Z ~ a rK~ m a - ~ ~, ~ { 9 -~ ~ -w w `~` ,~ .~~ ,' ~...,,~. ,_<~ -; .- -- ~\ ,,. Y- b ~ ~C a I r` ;: f ~ ,; i i` a .f r i ..•} v ,~ ~. ,~ r ~~ , ~,, ~, :i TOWN OF NANTUCKET . ZOhTING BO~-.RD ~F APPE~~.LS 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, NOVEMBER 12, 1999, IN_~ CONFERENCE ROOD TOWN ANNEX BIIILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: (NOTE THE EARLIER TIKE OF 12:00 P.M. DUE TO THE LARGE NQMBER OF CASES BEING HEARD AND LIMITED MEETING SPACE, PLEASE CALL THE OFFICE AHEAD TO RECBIVE AN APPROXIMATE TIKE A PARTICULAR CASE MAY BE HEARD.} DAVID E. ATWOOD AND KATHLEEN C. ATWOOD. BOARD OF APPEALS FILE N0. 107-99 Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw §139-33A (alteration/expansion of a pre-existing nonconforming structure/use). Applicants propose to alter and expand a said to be pre-existing single-family dwelling by upward expansion, adding a second floor onto the single-story structure, within the front and southwesterly and. northeasterly side yard setback .areas without coming an closer to those lot lines than currently sited. In the alternative, and to the extent necessary,-the. Applicants further, request relief by VARIANCE under Nantucket Zoning Bylaw §139-16A to undertake the alteration and expansion as proposed. The Locus is nonconforming as to lot size with the Lot containing an area of x,000+ square feet in a district that requires a minimum lot size of_20,000 square feet; as to frontage with the Lot having 50 feet of frontage along Washington Avenue in a district that requires a minimum frontage of 75 feet; and as to setbacks, with the structure being sited 17.5+ feet at its closest point from the front yard lot line along Washington Avenue in a district that requires a minimum front yard setback of 30 feet and as to side yard setback with the structure being sited 2.4~± feet at its closest point from the southwesterly side yard lot line and 2.10+ feet at its closest point from the northeasterly side yard lot line in a district that requires a minimum side yard setback of ten (10) feet.. _ :. The Premises is located at 17 WASHINGTON AVENUE, MADAKET, Assessor's Map 60.2.1,- Parcel/,~L~, Land C urt Plan 3092-10 Lot 130-B,. The property is zoned Residential-2. . ~ Vv' ~ ^ DD 9~' William P. Hou an, Jr., Cha~i ~ n BOA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS September 15, 1999 TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 CASE No. ~ - 99 APPLICATION FOR RELIEF Owner's name(s): David E. Atwood and Kathleen C. Atwood Mailing address: c/o Sarah F Alaer P C Two Union Street Nantucket, MA 02554 Applicant's name: Same Mailing address: Same Location of lot: Assessor's map and parcel number 6021-44 Street address: 17 Washington Avenue Registry Land Ct Plan, Plan Bk & Pg or Plan File: Land Court Plan No. 3092-10, Lot 130-B Date lot acquired: 12/01/1998 Deed Ref Certificate of Title No. 18768 Zoning district R-2 Uses on lot - commercial: None X or MCD? No - number of: dwellings: 1 Building date(s): all pre-8/72? X or C of O? Building Permit appl'n Nos. None 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 addendumZ The applicants request 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 premises by upward extension, extension of the existing structure on the ground, and changes in roof line, roof pitch, and fenestration, all within the required front and side yard setback areas (but not increasing any such nonconformity), 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 front and side yard setbacks (having front yard setback of about 17.45 feet, with 30 feet being the minimum required; and having side yard setback of about 2.10 feet at its closest point, with 10 feet being the minimum required). The premises are nonconforming as to lot area (containing about 4,000 square feet, with 20,000 being the minimum permitted). Items enclosed as part of this Application: order1No addendum No Locus map X Site plan X showing present X + planned X structures Floor plans present X proposed X elevations X (HDC approved? Yes) 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 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 perjury. ~~ ~` /~_ ~ ,C~~~`~~~~~~`J J° SIGNATURE:~ti`~ ~. ~""~~ ~ Applicant _ At orney/agent X 3(If not owner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE //~~ Application copies rec' d: 4 or fo - on ~ /~by ~/G'Q One copy filed with Town Clerk on ~/2'~~ by complete? One copy each to Planning Bd and Building Dept by (~~~ $200 fee check given Tf~wn Tr ~urer o~j by 'ved? Hearing notice posted l~/~/,(mailed l_ I & M _ _/ ~/,~~/~ Hearing (s ) on _/_/_ cont' d to _/_/_, ~/_/_ withdrawn? __/_/ Decision due by _/_/_ made _/_/_ filed TC _/_/_ mailed _/_/_ See related cases lawsuits other . ~ F3oA Fozm 2-89 NANTUCKET ZONING BOARD OF APPEALS ~~ TOPIN.AND COUNTY BUILDING . ~~" NANTUCKET, ~-~ 02554 ASSESSORS TWIST OF PARTIES IN INTEREST ' PROPERTX OWNER: ~Vto~ ocQ ~ I~~-~L,~~~ ~+ ~--'~O APPLICANT FOR RELIEF (SAME?~~ ADDRESS OF PROPERTX : ~ ( LJ a.5 ~ i ~`t-ova ~ n ~-~ ASSESSORS MAP & PhRCEL: I"yc~Y~ ~1~ - a ~ ~ ~ r'z-~ ~~ LIST OF PARTIES INCLUDING ADDRESSES* {OR SEE AT!F,CHED ) Q~~C ~~,~~~~ I certify that the =oregoi.ng (or the attached } li-sts all persons natural or legal, who are owners oz abutting property owners of land directly opposite cn any public or private street or gray; and abutters of the aioutters and all other land owners within three hundred feet of the property line of Owner's property, as they { a*:d their address) appear on the most recent applicable tax list {per M_G_L. c. yOA, Section 1? Zoning Code Chapter 139, Section 139-29D (2)}. . Y Date Assessors Office Town of Nantucket *NOTE: Applicant (petitioner) should include with the lot r for which zoning relief is sought, any com~-nonly-owned abutting lots which might beco:~e involved in the zoninc r.attez. List r..ap and parce~.s fo. each abutter. TOWN OF NANTUCKET 09/3u'/99 OWNER'S MAILING ADDRESS LIST 10:35:59 er's/Co-Owner's Name O Mailing Address/City State Zip Property Location Map Block Lot wn 6021 00071 JETTE ROGER J & JACQUELYN C TR 0001 Y 0008 F ST GRIEDER FAMILY TRUST MA 02554 NANTUCKET 0013 CHANDLER BETH D TRUSTEE 103 MORGAN ROAD 0020 WASHINGTON AV 5021 CANTON CT 06019 0022 WASHINGTON AV b021 0012 KILLEN JAMES M 10 WAYDALE RD NANTUCKET MA 02554 0024 WASHINGTON AV 6021 0011 WEYAND JACQUELINE K 34-10 94 ST JACKSON HGTS NY 11372 6021 00072 GRIEDER RUTH E 4 CHAPEL WAY 0010 F ST NANTUCKET MA 02554 6021 0017 *BARTLETT FRANKLIN ETAL TRS PO BOX 777 0011 D ST NANTUCKET MA 02554 6021 0016 MERRITHEW PAUL B 0019 OAK HILL DR 0009 D ST AMHERST NH 03031 6021 0015 CHALKE PETER E & MARY E 0118 GRANDVIEW AVE 0007 D ST AUBURN ME 04210 NK P & ALITA 0018 WASHINGTON AVE 0018 WASHINGTON AV 6021 0014 BROOKS FRA NANTUCKET MA 02554 0041 HOBSON-DUPONT JANE E & JACK 0003 MARY ANN LANE 0011 WASHINGTON AV 6021 NANTUCKET MA 02554 0015 WASHINGTON AV 6021 0042 THOMPSON WILLIAM C & 1245 MAIN ST LYNNFIELD MA 01940 0045 JANE H HAMMOND HENRY P III & JANICE S 20 LENC A 0313 MADAKET RD 6021 NECK NJ 07722 OLTS 0046 HAMMOND HENRY P III & JANICE S 20 LENC A 0311 MADAKET RD 6021 NECK NJ 07722 OLTS 0048 FORTIN ANDREW A & GAIL A 0023 RWV 0019 WASHINGTON AV 6021 NEWBURY MA 01988 PO BOX 1339 0307 MADAKET RD 6021 0050 COLLINS CYNTHIA NANTUCKET MA 02554 PO BOX 1079 0305 MADAKET RD 6021 0051 CHARNES ELLEN L NANTUCKET MA 02554 0009 TENNESSEE AVE -0025 WASHINGTON AV 6021 0052 SODERBERG LARS 0 NANTUCKET MA 02554 0030 CLAREMONT PK 0316 MADAKET RD 6021 0064 ROXBY ELISABETH BOSTON MA 02118 0018 VALERIE L\ 0312 MADAKET RD 6021 0065 SJOVALL JOHN P 06810 CT DANBURY 0066 SHERWOOD LLOYD & ELIZABETH J 0108 RD D 0310 MADAKET RD 6021 NY 10583 ARSDALE S PO BOX 515 0308 MADAKET RD 6021 0067 PALMER MARK L HOLLIS NH 03049 0068 HASSOLD JANET A & ROBERT C 106 KAREN PLACE 0306 MADAKET RD 6021 BRIDGEWATER NJ 08807 0848 TRISTRAMS LANDING 0304 MADAKET RD 6021 0069 *TRISTRAMS GROUP NANTUCKET MA 02554 6021 0038 SCHAECHER ROBERT F & PAMELA H PO BOX 9147 0317 MADAKET RD C/0 CITIZENS MORTGAGE CORP COLUMBUS GA 31908-9147 0007 WASHINGTON AV 6021 0036 BROWN GERALD L & BETSY T 0017 LYNNFIELD MA 01940 PO BOX 373 0009 WASHINGTON AV 6021 0040 HARTRICK JANE SIASCONSET MA 02564 PAGE 1 MUAS750 9.2 09/399 - 10:35:59 qap Block Lot Owner's/Co-Owner's Name 5021 0006 *SCHMID ALEXANDER obi d I o oa 8 /~'~"' Gvr~,-- ~ ~ (r~ndc. c7' MBER Of RECORDS = 27 ~~, ~ pod g S oo~ ~~~~1/9, ~,GLr Sr ~ IG-~cy 3~ TOWN OF NANTUCKET OWNER'S MAILING ADDRESS LIST Mailing Address/City State Zip Property Location 0515 SOUTH MAIN 0009 E ST LEXINGTON VA 24450 I ~ d 6 rQ reS ~ ~ '~ S~r~ ~~',S ~lll.~ ia~o a r L 33 6 ! ~. 9 ~n fi ~s s~ Cc.~e PAGE 2 MUAS750 9.2 g j n n e S S--e ~ ~~~~ t• ~9 ~ ~~ ~ ASSESSOR'S -M.AP 60.2. 1 b.l. L• I M G9~ bo z -007 /.off R~- 9d ,. a Ac- 6oLHeo~., ~~ n •~ N ~~ O~ o~ P9~ /\ ~'• 1 ~~ ~~~ 10 `'1,y ~ ~~ ~~ ~~ *~l- ~-.~'~ ~ •3 ;~ a N~ 9~ ~a J~' JF' n p t /'~ ~`. C 4• A~. \ t{ IT N •i .;Y e~ .j Y n I NDTE~ LOT ^F REC^RD H^USE PREDATES Z^NING ' I CERTIFY THAT AS A RESULT ^F A SURVEY MADE DN THE GRDUND, THAT THE STRUCTURE IS LOCATED DN THE LOT AS SHOWN WITH. ND VISIBLE ENCROACHMENTS, AND DID CpMPLY WITH THE ZONING SETBACKS IN EFFECT AT THE TIP~E ^F C^NST- RUCTION. THE SITE IS SITUATED IN Z^NE X DF THE F.E.M.A. MAP SHEET # 0015 E COMMUNITY #250230.' ~~P~~NOfMgss9cy o~' JOHN GJ, ~ ~' ~ o SHUGRUE cn ', " Np.23529 a / / ~~' 9°~`FSS9FGl STEP~~ JQ~ H .SHUGRUE PLS ~~ ~Nq~ p DATES JANUARY 6, 1998 ASSESSORS` MAP 60.2.1 Z^NING~ R-2 MINIMUM L^T SIZES 20,000 S.F. MINIMUM FRDNTAGE~ 75 FT FRDNT YARD SETBACK~30 FT REAR & SIDE SETBACK! 10 FT GR^UND C^VER RATI^~ 12.5% PLOT PLAN OF LAND IN NANTUCKET, MA SCALES 1'= 15' DATES JANUARY 6, 1998 REVISED= ^CT^BER 11, 1999 J^HN J. SHUGRUE, INC. 57 ^LD S^UTH RDAD NANTUCKET, MA 02554 FDR~DAVID E & KATHLEEN C ATW^^D & NANTUCKET BANK PARCEL N^. 44 JOB N^, 6092MPP1 _~~- i