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Home My WebLink About018-98TOWN OF NANTUCKET To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Date: April ~ 19 98 Application No.: .~.. .~ Owner/Applicant: BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 018-98 JOHN AND MARYANN KAISER 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 . _ --° Dale W. Waine ~ Chairman RECEIVED TOWN CLERK'S OFFICE NANTUCK~ n~:n n255~ cc: Town Clerk _- .Planning Board - ------ARR Q 2 X993 --- Building Commissioner TIME: _, PLEASE NOTE: MOST SPECIAL PERMITS AND VAR~~~E--~4-'£~~~~ 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. APPLICATION OF JOHN AND MARYANN KAISER c/o Richard J. Glidden Glidden & Glidden, P.C. 37 Centre Street Nantucket, MA 02554 ZONING BOARD OF APPEALS South Beach Street Nantucket, MA 02554 Map 42.4.3 Parcel 90.1 R-OH 20 Lily Street Plan Book 21, Page 26, Lot 1 Deed Reference 226/288 At a Public Hearing of the ZONING BOARD OF APPEALS held at 1 : 0 0 P . M . , Friday, March 13 , 1998 , in the conference room at the Town Building Annex, 37 Washington Street, Nantucket, Massachusetts, on the Application of John and Maryann Kaiser, 114 Third Street, Garden City, NY 11530, Board of Appeals File No. 018- 98, the Board made the following decision: 1. Applicants are seeking relief by VARIANCE pursuant to Nantucket Zoning By-Law Chapter 139-32A from the requirements of Nantucket Zoning By-Law 139-18A (Parking). Applicants wish to construct a 12' x 17' enclosed porch on the rear of an existing single-family dwelling. The Locus is non-conforming as one (1) parking space is required for the dwelling with none currently provided nor planned in conjunction with the addition. When a structure is enlarged parking shall be calculated as if the building were newly constructed. The premises is located at 20 LILY STREET, Assessor's Map 42.4.3, Parcel 90.1, Plan Book 21, Page 26, Lot 1. The property is zoned Residential-Old-Historic. 2. The decision is based upon the application and materials submitted therewith, and the testimony and evidence introduced at the hearing. There was no recommendation from the Planning Board as the Board determined that the matter was not a planning concern. There was one (1) letter from a Lily Street property owner suggesting that if off-street parking could be provided, it should be provided; if one could not be provided there was no objection to the plan. 3. Applicants' attorney presented the case for the applicants. He explained that. the applicants wished to construct a 12' x 17' screened-in-porch off the back of their existing dwelling. The porch addition would comply with all zoning set-backs, would not create any ground cover issues and has been approved by the H.D.C. However, due to the topography of this lot wherein the land slopes away dramatically from the .street to an inaccessible wetland at the bottom of the hill and the rear of the property, and the pre- existing location of this house on the lot, it is impossible to provide any on-site, off-street parking as required by the Zoning By-Law. As a practical matter, even if one (1) parking space could be provided, it would result in no additional parking for the Lily Street neighborhood, as one street space would be lost to the driveway for a newly created space. Applicants' attorney explained that while this addition would not increase the number of people living in the house, the Zoning By-Law requires that when an existing structure is enlarged the parking requirements are calculated as if the building were newly constructed. This situation is complicated by the existence of two (2) building permits in this file at the Building Department. Building Permit No. 1691-80 was for a 10' x 13' one (1) story storage addition which was issued in 1980. When this permit was issued, the parking requirements did not require an owner to create a new parking space when adding on to an existing dwelling. In 1986 Permit No. 5048-46 was issued by the Building Department and a Certificate of Occupancy was issued in 1988 (5048-88) In 1986 the current parking requirement was in effect and the Building Department should have required Applicant to obtain Board of Appeal's relief at that time, but for whatever reason, this provision of the Zoning By-Law was not enforced. 4. The Board finds as follows: a. That owing to the unique topography of this site coupled with the location of the existing structure on the lot, a literal enforcement of the parking provisions of the Zoning By-Law would involve substantial hardship to the Applicants and the requested relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the By-Law. b. The situation, as it exists, was modified in 1980 and 1986 pursuant to valid building permits and the work was performed in reliance thereon. 5. Therefore, by unanimous vote, the BOARD GRANTS THE VARIANCE under Chapter 13~, Section 32, from the parking requirements contained in Chapter 13 g, Section~l8, of the Zoning By-Law and further VALIDATES the existing structure as constructed pursuant to Buildin Permit No. 1691-80 a d 40 ~ ~fJQ'/ /~Q,o n O/~e ~/~ /'e~ u ~gpe0~ctn/c~.n q~ ~s~aCQ - ~~ U ~ Date : ~~,t D ~,1~98' Linda ~`. Williams ~- TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE TED THE MEETING TO CHECK THE TIME A SPECIFIC APPLICATION WILL BE BEARD A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, MARCH 13, 1998, in the CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 WASHINGTON STREET, Nantucket, Massachusetts, on the Application of the following: JOHN AND MARYANN KAISER BOARD OF APPEALS FILE N0. 018-98 Applicants are seeking relief by VARIANCE pursuant to Nantucket Zoning By-Law §139-32A from the requirements of Nantucket Zoning By-Law §1.39-18A (Parking). Applicants wish to construct a 12' x 17' enclosed porch on the rear of an existing single-family dwelling. The Locus is non-conforming as one (1) parking space is required for the dwelling with none currently provided nor planned in conjunction with the addition. When a structure. is enlarged parking shall be calculated as if the building were newly constructed. The Premises is located at 20 LILY STREET, Assessor's Map 42.4.3, Parcel 90.1, Plan Book 21, Page 26, Lot 1. The property is zoned Residential-Old-Historic. In-X ~ ~J~ ~/ U RECEIVED Dale W. Waine, Chairman TOWN CLERK'S OFFICE NANTUCKET. BUTA 02554 FEB 2 5 1998 TIME: CLERK: THIS NOTIOE~ IS AVAILABLE IN LARGE PRINT O~R ETHER ALTERNATIVE. FORMAT'S.. FOR _ ASS~ISTANC;E_ BALL _ ~ _~ ,,,: BoA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS 2/ ~/98E TOWN AND COUNTY 27IIILDiNa - NANTUCKET, MA 02554 ~~~,p--~Qj - CASE No . v(~ v APPLICA`1'XON FOR RELIEF Owner' s name (s) John and Mar ann Kaiser Mailing address: 114 Third Street Garden Cites NY 11530 Applicant's name: John and D9ar ann Ka` Mailing address: 114 Third Street Garden City NY 11530 Location of lot: Assessor's map and parcel number 4243 -- 901 Street address : 20 Lil Street Book Registry Land Ct Plan, Plan Bk & Pg or Plan ~~~ 21, Pg 26 Lot 1 Date lot acquired: ~~~,5 Deed Ref 226,288 Zoning district R_n}a Uses on lot - commercial :'None _ or MCD? - number of: dwellings 1 duplex apartments rental rooms Building date(s}: all pre-8/72? or C o* 0? Building Permit appl'n. Nos. 1691-80' 5048-86 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 xou urge for BoA to make each finding per Section 139-32A X if Variance, 139-BOA if a Special Permit (and 139-33A if *_o alter or extend a ncncon~orming use). If appeal per 139-3L~, & B attach decision or order appealed. OIL to attach addendum . Applicants wish to construct a 12' x 17' screened-in porch off the back of their house. They have no off-street parking and Chapter 139, Section 18 requires off- street parking as a condition of this addition. It is impossible to provide off- street parking and applicants request a variance from the off-street parking requirements of the Zoning By-Law. Is this property within the Public Wellhead Recharge District? Yes _ No Items enclosed as part of this Application: orderl addendum2_ Locus map Site plan showing present +planned structures Floor plans present proposed elevations (HDC approved?~~ Listings lot area frontage setbacks GCR parking data Assessor-certifie3 addressee. ist 4 sets ma~ling labels 2 sets- 5~200 fee payable to To;,~n of-Nantucket proof 'cap' covenant (If an appeal, ask To~~n erk to send Bldg Comr s record to BoA.) I certify that the re ested information submitted is substantially complete and true to he best of my knowledge, under the pains and penalties of perjur . SIGNATURE: Applicant Attorney/agent 3(If not owner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE ~~ Application copies ree d: 4_~r for BoA on~(~/ _ by e k on ~ ,'J~~by complete?~JV~ one copy filed with Town C1 r _J~~v,~/! One copy each to Planning Bd and Building Dept~~~( ~ by $200 fee check given Town Treasurer one ~r~~~ by waived? Hearing notice posted2-~;~~~~ mailed ~~~~0 I & M~~~~ ~/~~~ Hearing (s ) on~_/_ cont' ~~ to~~_, ~.~._. withdrawn?~~_ Decision due by~~_, made-/-/- filed TC~~_ mailed~,_/_ See related cases lawsuits other ~ A ~-1 V ~ S O r r V U I o Q r c s o as C ~ ~ ~ i ~ N 0 ~ S ~ ' c ~ i I~ ~,., ~, .~ ~ , ~ ~ i ~, ~ N ~ ~ i n W ~ V N n ~ ~ f - r ~' ~ 3 r y ~ _ i~ 0 ~~ N ~ ~~ `° C! V II'~ 'VUl ~_-__._. _._J u ---J~ I =~i it ~' ~.. .~ ~^ ~ ~,~~ i.~. ~ ~_ - ii ~I ~i '. i ~~ ~ ~ I ~i I ~i I ~iI' _ it '~ ~~ ~~' ---- ~ ~ ~ ~. ~ ~- ~; ~ ? '~°. ~ c ~: ~~ a m ~_ ~ ~ -=° ~~ .` $ ~ J r 2. ~, ~ , .... ,~~ - --- ~- -_~ '~ ~' c ~l_ .. ~ ~ ~~ ~~ ~\ i 12' i ~ li N & ~ ~ ~,H; N N t7 A • W Q3 ~ Z N .0 p ~ ~ ~ _ ~ ~ U ti{58P•iFtiiY&t+'Cl~iy_^.:S;~tii3-IZ~`+3:. .Z l i 0 u J N O ~ ~4 ~' `> IV, f a ~ ~, x ~- w " `~ N' ~~ ~' I ~ l^~ d. 7 N I ~'~~. '•rN ~~ g~P 3~ ~~ M ~ R e / t \ y W 4 / \ ~ ~ ~__ -- -- ~- }_ s <: ~~~~~ :~ _ f I 7 x i a ~ m W C o _ W = e ` x ~ -. , ~__~ I i , ~~ ~ '~~> / I . ~ \ .~ __ r r-- ~---~ ~- ~ _ 'i u i - ~' ~I< y '°O,y .d d l ~~'hi Z V '4 '4 i4 W a ~ o ~ ~o ~ ~ ~ 4 +~ ~ ~ ~ ~ ~ I 1 ~ ~ I j ~ 0 ~ O~ i ~P Y 9~ J'~ I ti ~ ~~ ~A W 1 ~ I C ~ ~ Im ~ U ~ m ' d Y ~ U I -{~ d N; s ~ N m I I c A ~ In ~ ai C ~ ~ o l ~ c Ni ~ c ~ ~ O I N nddltlon ~ ~ i ~ I In s ~ 3 7 ~ I ~ ~ 2nd floor ~ deck I ~/ i HOUSE i 1,408 S.F. I covered porch I 64.56' S34'S9'46'W LILY STREET THE STRUCTURES ARE L^CATED AS SH^WN .-.~ J^H J. HUGRUE PLS DAT ; JA UARY 23, 1998 ASSESS^RS MAP 42.4.3 Z^NING: R-^H MINIMUM LOT SIZE: 5,000 S.F. MINIMUM FR^NTAGE: 50 FT FR^NT YARD SETBACK: NONE REAR & SIDE SETBACK: S FT GROUND C^VER RATI^: 50% PL^T PLAN ^F LAND IN NANTUCKET, MA SCALE: 1'= 30' DATE: JANUARY 23, 1998 J^HN J. SHUGRUE, INC. 57 ^LD S^UTH R^AD NANTUCKET, MA 02554 F^R: J^HN & MARYANN KAISER PARCEL N^. 90.1 # 5607 _ > #56b7 BoA Form y 2-II9 NANTIICKET ZONING BOARD OF APPEALS TOWN AND COIINTY BUILDING ~~ NANTIICKET, MIS 02559 ~ ASSESSOR~B LIST OF PARTIES IN INTEREST JAN 2 PROPERTY .OWNER: John & Maryann Kaiser APPLICANT FOR RELIEF (SAME' ) : same ADDRESS OF -PROPERTY: 2b Lily Street ASSESSOR'S MAP - PARCEL: 42.4.3 - 90.1 LIST CF PARTIES INCLUDING ADDRESSES*(OR SEE ATTACHED ): for John J. Shugrue, Inc. I certify.~'~that~-theeforegoing (or the attached ) lists all ••nersons.;:. natural '.or legal, who. are owners of abutting property.;':~~owners;~. of `land directly ~ opposite on any public or private'•.street~or way; and abutters of the abutters and all other land owners within three hundred feet of the property ~ l~ane•~• of owner's property, as they (and their address)~•appear~~on the most recent applicable tax list [per-M.G~.~L..~c:4.0A, Section 11 and Zoning Code Chapter 139, Section 139-29D(~2)]. l Z~ 48 ate *NOTE: Applicant ror which zoning abutting ],ots° wh: matter. List map ~. Assessor~'Town o Nantuc et 0~'FlI,E '(petitio~er)'~should include .with the lot relied is sought,~any commonly-owned, i.ch might become involved in the zoning and parcels Por each abutter. 01/21/98 TOWN OF NANTUCKET PAGE 1 OWNER'S MAILING ADDRESS LIST MUAS750 8.5 15:53:32 Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location 4243 0047 NANTUCKET ISLANDS LAND BANK 0022 BROAD ST 0008 WESCO PL NANTUCKET MA 02554 4243 0057 PATTERSON SHIRLEY C & ROBERT R 2933 EDDINGTON TERRACE 0024 W CHESTER ST ALEXANDRIA VA 22302-3503 4243 0060 *MURKLAND JANE M ETAL TRUSTEES 53 ROUND HILL RD 0007 GULL ISLAND LN , GREENWICH CT 06831 4243 0091 BENNETT DOUGLAS ETAL 22 LILY ST 0022 LILY ST NANTUCKET MA 02554 4243 00902 WARECK STEPHEN A & BARBARA C00 0135 CLIFF ST 0018 LILY ST NEW HAVEN CT 06511 4243 0046 JAFFE STANLEY R & MELINDA J 152 W 57TH ST 52ND FLOOR 0016 LILY ST NEW YORK NY 10019 4243 0045 CONOVER CATHERINE M STE 300 0014 LILY ST 1666 CONNECTICUT AVE N.W. WASHINGTON DC 20009 4243 0044 PFEIFFER HENRY W & JUNE A & 73 LINDEN LN 0012 LILY ST DOTY KAREN TRUSTEES CHATHAM NJ 07928 4243 0093 PACK FAMILY PROPERTIES LLC 224 JOPPA HILL RD 0036 LILY ST C/0 TOWNSEND BEDFORD NH 03110 4243 0092 *TOWNSEND VIRGINIA & JAMES TRST C/0 TOWNSEND 1400 ALLIANCE BLD 0028 LILY ST WINDWARD RESIDENTIAL TRUST ROCHESTER NY 14604 4243 0105 CHASE HAZEL L 0029 LILY ST 0029 LILY ST NANTUCKET MA 02554 4243 0106 *DAMMIN ANITA JUNE COFFIN & 0102 SUDBURY RD 0027 LILY ST CAMP ABIGAIL WESTON MA 02193 4243 0107 PERELMAN MYER & PHYLLIS F & 0289 OLD FARMS RD 0025 LILY ST PERELMAN A STEVEN SIMSBURY CT 06070 4243 0116 HANAN C ADDISON & RENEE M ETAL 18283 DAYBREAK DR 0023 LILY ST BOLA RA70N FL 33496-1951 4243 0089 *SCHREIBER PHILIPPE & PATRICIA 235 OLD SPRING ROAD 0021 LILY ST FAIRFIELD CT 06430 4243 0042 PARVEY LOUIS S & KAREN G 3299 WINDEMERE LN 0019 LILY ST MEMPHIS TN 38125 4243 0043 YANNESSA FREDERICK J & JOAN SP 0320 QUARRY LN 0017 LILY ST HAVERFORD PA 19041 4243 0041 HARDIN NANCY TR 0858 12 ST #13 0017 ACADEMY LN NANCY HARDIN LIVING TR SANTA MONICA CA 90403 4243 0088 STEVENS PHILIP CROCKER ETAL 0200 SIGNAL HILL RD 0015 ACADEMY LN WILTON CT 06897 4243 0108 WERNER GORDON & MARIE ANNE 0004 CHURCH COURT 0004 CHURCH CT NANTUCKET MA 02554 4243 0112 SALISBURY ROBERT & GERALDINE 1 STAMM ACRES 0013 ACADEMY LN CO-TRUSTEES - THE RSS TRUST WHEELING WV 26003 4243 01121 ROGGEVEEN JANET PATRICIA GARDI 0295 GOLDEN OAK DR 0011 ACADEMY LN JANET P G ROGGEVEEN TR PORTOLA VALLEY CA 94025 4243 0039 MORTENSON W CHRISTOPHER 0047 HIGHLAND AVE 0012 WESTMINSTER ST MORTENSON WINIFRED M PEAPACK NJ 07977 4243 0038 ELLICOTT JOHN L & MARY LOU 3210 MACOMB ST NW 0008 WESTMINSTER ST WASHINGTON DC 20008 4243 0087 NICKERSON GILBERT S PO BOX 3270 0012 ACADEMY LN C/0 JOHNSON GAIL N NANTUCKET MA 02584 4243 0037 *SOLOMON NEAL & ERIC & MARK 64 BROOKVILLE HOLLOW RD 0017 GAY ST STOCKTON NJ 08559 TOWN OF NANTUCKET PAGE 2 • 01/21/98 OWNER'S MAILING ADDRESS LIST MUAS750 8.5 15:53:32 Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location 4234 0005 HURSON RITA M 0032 S COTTENET ST 0009 N LIBERTY ST IRVINGTON NY 10533 4234 0006 PHILLIPS NORMAN & BARBARA 0565 WYCOFF AVE 0007 N LIBERTY ST WYCOFF NJ 07481 4234 0007 DUNNING JOHN A & ACKLEN R 0081 CROSS RIDGE RD 0005 N LIBERTY ST - NEW CANAAN CT 06840 4234 0008 BARTLETT BRUCE I 8 LILY ST 0008 LILY ST NANTUCKET MA 02554 4234 0009 DOUGLAS CHARLES W JR 0320 CENTRAL PARK W 0013 LILY ST APT TJ NEW YORK NY 10025 4234 0010 KERRIGAN BETTY ANN 0001 WALMSLEY RD 0015 LILY ST DARIEN CT 06820 4234 0011 ACADEMY HILL ASSOCIATES L P 0095 BROADWAY 0004 WESTMINSTER ST C/0 CORMU MANAGEMENT BOSTON MA 02116 4234 0045 WILLEY T MITCHELL TRUSTEE C/0 712 PRINCE ST 0006 LILY ST LILY POND NOMINEE TRUST ALEXANDRIA VA 22314 4234 0049 COOPER MARIE JAMESON TRUSTEE 7211 WINDSOR LANE 0009 LILY ST MARIE JAMESON COOPER TRUST HYATTSVILLE MD 20782 4234 0050 SCHEIDE GERALDINE P 11 LILY ST 0011 LILY ST NANTUCKET MA 02554 NUMBER OF RECORDS = 36