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Home My WebLink About031-98TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: June 3 1998' Application No.: Owner/Applicant: MARY P. GARDNER To: Parties Decision of following: in Interest and. Others concerned with the the BOARD OF APPEALS in the Application of the 031-98 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 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 65 171 Hummock Pond Road Parcel 1 Plan File 24-A LUG-1 Land Court Plan 42023-A (pending) As shown on Planning Board File No. 6066 as Lot 5, dated 12/11/95 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, April 10, 1998, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of MARY P. GARDNER, of 159 Hummock Pond Road, Nantucket, MA 02554, Board of Appeals File No. 031-98, the Board made the following Decision: 1. Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-33A (alteration/expansion of a pre-existing non-conforming structure/use). Applicant proposes to construct a 621+ square-foot addition onto the rear of a 678+ square-foot single-family dwelling on the Locus. A portion of the addition will be sited within the required 35-foot front yard setback area but come no closer to that lot line than the existing structure which is sited 9+ feet at its closest point from the front yard lot line along Hummock Pond Road. The Lot also contains an 890+ square-foot single-family dwelling that is not situated within any of the required setback areas. The premises is located at 171 HUMMOCK POND ROAD, Assessor's Map 65, Parcel 1, Plan File 24-A, Land Court Plan 42023-A (pending). The property is zoned Limited-Use-General-1. 2. The Decision is based upon the Application and the materials submitted with it and the testimony and evidence presented at the Hearing. The Planning Board made a favorable recommendation. There were no letters on file. 3. Applicant represented that the structure was constructed sometime around 1895, with additions in 1946 and 1956 to support the claim of grandfathering. Applicant now proposes to construct a new 621+ square-foot 2-story addition onto the northerly rear portion of the easterly single-family dwelling, with the Locus also containing a separate single-family dwelling located west of the subject structure. A portion of the new addition would be sited within the required 35-foot front yard setback area, though come no closer to that lot line than the existing structure. The addition would meet all other dimensional zoning requirements. Two (2) parking spaces would continue to be provided on-site. 4. Therefore, the Board finds that the proposed expansion of the easterly single-family dwelling within the 35-foot front yard setback area, as proposed, without coming any closer to the front yard lot line than the existing structure, which is sited 9+ feet at its closest point from that lot line, would not be substantially more detrimental to the neighborhood than the existing non-conformity, and a grant of relief by Special Permit would be in harmony with the general purposes and intent of the Zoning By-Law. There will be an increase in the non-conformity within the 35-foot setback area but no new non-conformity will be created. 5. Accordingly, by a unanimous vote, the Board GRANTS the SPECIAL PERMIT under Nantucket Zoning By-Law §139-33A to expand the structure as proposed above, on the following conditions: a. The addition shall be built in substantial conformance with the Certificate of Appropriateness No. 30,858 issued by the Historic District Commission; and b. The addition shall be built in substantial conformance with the plan attached hereto, done by Charles W. Hart & Associates, Inc., dated March 3, 1998, and marked as Exhibit A. Dated: June ~ 1998 Dale W. aine ~. Lind F. Williams ~` Mi a 1 J. O'Mara ~ 1~A---~ Nancy SSG ens D. Neil Parent RECEIVED TOWN CLERK'S OFFICE NANTLI~~~~' ~ ~ ~ X12554 JUN 0 3 1998 TIME: CLERK: .ZONING CLASSIFICATION: ~ MIN. AREA: ..8Q O'7o. S•f MIN. FRONTAGE: . . . ./.~~!~r REAR do MSIDESS.B.: . . . ..•/3~.•:~~~ GROUND COVER (1L): .y f(• -~ . EXISTING: ;,~ ,~ , y~,d~~~ `,278, iS.F . . . " . . . . i -/.~ 5 -.38 /Y~F G'f(ROr~/~".~ ~S~O io.\/ 02/ ~ s •F. ry w/F ~,C,V~6 =~78 tS:F l~u~t/+•rOCK POn~p of Y OF : "' 3 -30-.9~3 THAT ~ ~ . . S1 IS LOCATED ON THE PROFESSIONAL LAND SURVEYOR THIS PLOT PLAN WAS PREPARED FOR THE TOWN OF NANTUCKET BUILDING DEPARTMENT ONLY AND SHOULD NOT BE CONSIDERED A PROPERTY LWE SURVEY. THIS PLAN SHOULD NOT BE USED TO ESTABLISH PROPERTY C ES, OR ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERTY ONES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. TH1S PLOT PLAN IS NOT A CERTIFICATION AS TO TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT ASSESSOR RECORDS. ASSESSOR MAP: . ~P--? PARCEL• . -~ . RO.~D BUILDING LOCATION PLAN OF LAND IN NANTUCKET, MASS. SCALE: 1'-100 DATE: !'1.Ge• 3, X995 Owner. II:L`S~Y ~ ~~~~~R . .. .. . /,Z 6 - 5'79 .c. C. S~.LO,23 f{ G',cn~oik6) Locua . /. 7l f/UMM~X'k f~JiVl> ,~O,d~Q; , CHARLES W. HART & ASSOCIATES, Inc. saxFOan Bahr BjJII,DING !,'8 C~ AVEIJZJE NANtCJ 1[-35. 02554 i BE RECORD$D. (508) 228-8910 H- y6~5, c\~oas\cwMev TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE PLEASE BE ADVISED: AS THE MEETING IS SCHEDDLED ON GOOD FRIDAY/PASSOVER, SHOULD YOU HAVE RELIGIOIIS CONSTRAINTS PROHIBITING ATTENDANCE, PLEASE CALL THE OFFICE ASAP AND EVERY EFFORT WILL BE MADE TO ACCOMMODATE YOII A Public Hearing of the NANTUCKET BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, APRIL 10, 1998, in the CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 WASHINGTON STREET, Nantucket, Massachusetts, on the Application of the following: MARY P. GARDNER BOARD OF APPEALS FILE N0. 031-98 Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-33A (alteration/expansion of a pre-existing non-conforming structure/use). Applicant proposes to construct a 621+ square-foot addition onto the rear of a 678+ square-foot single-family dwelling on the Locus. A portion of the addition will be sited within the required 35-foot front yard setback area but come no closer to that lot line than the existing structure which is sited 9+ feet at its closest point from the front yard lot line along Hummock Pond Road. The Lot also contains an 890+ square-foot single-family dwelling that is not situated within any of the required setback areas. The Premises is located at 171 HUMMOCK POND ROAD, Assessor's Map 65, Parcel 1, Plan File 24-A, Land Court Plan 42023-A (pending). The property is zoned Limited-Use-General-2. ~f ~ W Dale W. Waine, Chairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE. FORMATS. FOR ASS~ISTANC;E GALL _ _._ _, ~~ BoA Form 1-89 NANTIICRET ZONING BOARD OF APPEALS TOWN AND COIINTY EUILDINa NAN'-'IICKET, MA 02554 APPLICATION FOR RELIEF Owner's name(s): G, Date c~ ~/ CASE No ~3/ - ( d Mailing address: /~5~, -~~//h~Dr°.~~ ~Il/~~ ~~ Applicant's name: Mailing address: Location of lot: Street address: Registry Land C Assessor's map and parcel number ~ ~ ~I t Plan, p~.an Bk & Pg or Plan File~~ Lot ,c ~. y'aoa~3 ~ror~ Date lot acquired: _,/~_ Deed Ref _,, Zonin di ict.~l/G Uses on lot -.commercial :'None _ or MC D? - number of: dwellings 2 duplex apartments rental rooms Building date (s) : all pre-8/72?~~ or C of O? ~7%~ ~~ Building Permit appl'n. Nos. - Z Case Nos. all BoA application-s, lawsuits: State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grounds yyou urge for Bo o make each finding per Section 139-32A if Variance, 139-30A ~if a Special Permit (and 139-33A if to alter or extend a nanconfiorming use). If appeal per 139-3~A & B _ attach decision or order appealed. OK to attach addendum . TOW RC ~RK~~p~FlCp NAND"! r~~~,~r--,~ ~,~ ~_, n~~;54 M,4R 2 4 1998 TIME:_ ~. ..~ ~__~ ~N3 ~%LE~iK:_ Items enclosed as part of this Application: rderl a}dendum2 Locus maps Site p1an~C showing present +planned X structures Floor plans present proposed elevations (HDC approved?_). Listings lot area rontage setbacks, GCR~, parking data Assessor-certifie addressee. T st 4 sets ma~ling labels 2 sets $200 fee payable to To~~~n of Nantucket roof 'cap' covenant (If an appeal, ask Torn Clerk to send~ldg Comas 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. SIGNATURE: .~ ~~ Applicant Attorne gent 3(If not owner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE Application copies recd: 4_~!~or for BCco~A on~~~ One copy Pilod with Town Clerk on,~~~ ruby complete?~ one copy each to Planning Bd and Build~.n Depth by 200 fee check iven Town Treasurer on ~_~ ~by waived? S g ~- ~~~~ Hearing notice poste~~?o maile~ _ I & ~~~ ~~~ Hearing (s ) on~~_ cont' ~.~ to_/_/_, ~~_ withdrawn?~~_ Decision due by,_/,_/~ made_/~_ filed TC~~,_ mailed~~_ See related cases lawsuits other Addendum l~~-i .~ Applicant is seeking a Special Permit pursuant to §139-33A to construct a~8 ±~ square foot addition to prexisting nonconforming dwelling. Said addition will be paritially located within the required 35 foot front yard set back but will come no closer the existing dwelling structure. The property is nonconforming as to front yard set back with the subject dwelling being located 9 + feet from Hummock Pond Road where 35 feet is required. ZONING CLASSIFICATION: ~UG~"Z~.. EXISTING: MIN. AREA: .~O p,00, .j,` ,~79O.i2/~ tS.F MIN. FRONTAGE: /,5,'O~ !~;T' . ,~0~. y.7 FRONT YARD S.B.: . -3,~. FT ~~"P~I/.'r REAR do SIDE S.B.: GROUND COVER (7.): . / ~/. P ". . XUMrroCK PovO /so gs~. ~~, ,~o cv.s ~~ `; ~,~ ~ ~5- ---- ~(UMMOCK POn~O ,Q%,p ~5- /,3 _ __ ~5 - 38 /V~~' NG ~ 6~i?l~i~/~"~ a 0 pR 0 P R T ~ R~ S 0 .~~ CHARLES ~ ~ I CERTI ASrIl~T : S THE BU DINC(3~4fl19/ GROUND Fl~~1~i R ODD .~ - ---- a - ~ --.. ~: .~ 1~U/~-l/t'C O CSC . 3~3 . ~~ , THAT CATED ON THE PROFESSIONAL LAND SURVEYOR _~~_~ ~ ~~ili6C/K6 ~ _ ,, , 2oz:v~ PO~/p TH1S PL07 PLAN WAS PREPARED FOR THE TOWN OF NANTUCKET BUILDING DEPARTMENT ONLY AND SHOULD NOT 9E CONSIDERED A PROPERTY LINE SURVEY. THIS PLAN SHOULD N07 BE USED TO ESTABLISH PROPERTY LINES. NCES, GES, OR ANY ANCILLARY STRUCTURES ON THE PREAUSES. THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. TH1S PLOT PLAN IS N07 A CERTIFlCATION AS TO TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT ASSESSOR RECORDS. ASSESSOR MAP: . ~-~~. PARCEL• . ~ . ,~' v_ !06-/,/ ~i2or~S~O ~sryw/F 17Wi~.CiC.J/~6 ' ~• ~ ~~ 78 is __- BUILDING LOCATION PLAN OF LAND IN NANTUCKET, MASS. SCALE: 1'= (00 ~ DATE:1~1iGe• 3j I99g Owner: !'I'.L~Y .fi .Ci/~iP~!~r~~.' . . /,26 - y7q .~.. C. S'xvz3AG'.`KOr~6~ Deed: ,2~F. /,28- 5:7' . Plan ~~ . 2%.4 . Locus . /, 7~ f/UM/7~i(~ ii~i'~rD ~o~Q . CHARLES W. HART & ASSOCIATES, Inc. 5AAIP!@$D Bt~T BUII,DING SP ~LV`EAIZJE 02554 X508 228-8910 NOT TO BE RECORD$a. ` H- 5'GB~j ~ srv w/~ OW.E.C,C,/./6 ~C. > 890 sS,F ~:~.+wa~~en~ov ,O ~ 2 ~ ~ FEB 22~ ~ BoA Form NANTUCKET ZONING BOARD OF APPEALS TOWN.AND COUNTY BUILDING NANTUCKET, MA 02554 ASSESSORS LIST OF PA~tTIES IN INTEREST ~ /' o PROPERTY OWNER: ~~~~ /~, ( ~~~~L,~ APPLICANT FOR RELIEF (SAME? ) /" ADDRESS OF PROPERTY : ~~~ / %~~~~ ASSESSORS MAP & PARCEL: ~,~ / ~~ LIST OF PARTIES INCLUDING ADDRESSES* (OR SEE ATTACHED ) I certify that the foregoing (or the attached-) lists all persons natural or legal, who are owners of abutting property owners of land directly opposite cn any publ'c or private street or way; and abutters of the abutters and all other land owners within three hundred feet of the property line of owner's property, as they ( and their address) appear on the most recent applicable tax list {per M.G.L. c. 40A, Section 11 Zoning Code Chapter 139, Section 139-29D (2)}. 2 ~' ~~ ~ P.ssessors Office Date Town of Nantucket *NOTE: Applicant (petitioner) should include with the lot for which zoning relief is sought, any com-ronly-owned abutting lots which might beco:~e involved in the zoninc matter. List r.:ap and pa=eels foY each abutter. 02/27/98 TOWN OF NANTUCKET 08:16:09 OWNER'S MAILING ADDRESS LIST Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Locati on 0065 0035 NANTUCKET ISLANDS LAND BANK 0022 BROAD ST 0000 HUMMOCK POND RD NANTUCKET MA 02554 0065 0025 NANTUCKET ISLANDS LAND BANK 0022 BROAD ST 0181 HUMMOCK POND RD NANTUCKET MA 02554 0065 0071 HUMMOCK POND OF NANTUCKET 1099 EAST AVE #5 0180 HUMMOCK POND RD C/0 GORRONDONA CHARLES J ROCHESTER NY 14607 0065 0013 PEASE FRANCIS W & MARY C PO BOX 74 0166 HUMMOCK POND RD NANTUCKET MA 02554 0065 00131 *POWERS FRANK H JR & KAREN A & 0167 HUMMOCK POND RD 0160 HUMMOCK POND Rf JAMES NANTUCKET MA 02554 0065 0038 GARDNER MARY P 0171 HUMMOCK POND RD 0165 HUMMOCK POND RD NANTUCKET MA 02554 0065 0028 GARDNER MARY P 0159 HUMMOCK POND RD 0159 HUMMOCK POND RD NANTUCKET MA 02554 p065 0036 *SANDOLE WILLIAM J PO BOX 2931 0167 HUMMOCK POND RD NANTUCKET MA 02584 0065 0002 *LINCOLN BAYARD R ETAL 13 BALDWIN LN 0151 HUMMOCK POND RD READING MA 01867 BOX 552 0142 HUMMOCK POND RD 0065 0006 JOHNSON SALLY R NANTUCKET MA 02554 0065 00021 *MASSACHUSETTS AUDUBON SOCIETY 5 SOUTH GREAT ROAD 151R HUMMOCK POND R^ LINCOLN MA 01773 0057 0009 MASSACHUSETTS AUDUBON SOCIETY S GREAT RD 0153 HUMMOCK POND RD LINCOLN MA 01773 0057 0012 NANTUCKET CONSERVATION FOUND I PO BOX 13 0000 RAM PAS TURE NANTUCKET MA 02554 PAGE 1 MUAS750 8.5 NUMBER OF RECORDS = 13