The URL can be used to link to this page

Home My WebLink About044-98TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date : MaY G-~-~ 1998 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 044-98 Owner/Applicant: ZAHARIAS AND WALTRUD KARYOTAKIS 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. ~~ L Dale W. Waine Chairman cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMJT 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 55 Parcel 70 R-10 1 Fairgrounds Road Plan Book 23, Page 86, Lot 5 Deed Ref. 221/69 At a Public Hearing of the Nantucket 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 ZAHARIAS AND WALTRUD KARYOTAKIS, of 13 Old South Road, Nantucket, MA 02554, Board of Appeals File No. 044-98, the Board made the following Decision: 1. Applicants are seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-33A (alteration/expansion of a pre-existing non-conforming structure/use). Applicants propose to alter and expand a garage structure that is sited 8.4+ feet at its closest point from the southwesterly side yard lot line rather than the required ten (10) feet, by adding a second floor and converting the use to a secondary dwelling unit. The addition would come no closer to that side yard lot line than the existing structure and a proposed addition on the southeasterly side of the structure would be in conformance with setback requirements. The principal dwelling is non-conforming as it is sited 8.0+ feet at its closest point from the southwesterly side yard lot line and 19.3+ feet at its closest point from the front yard lot line along Fairgrounds Road, in a district that requires a ten-foot side and rear yard setback and a front yard setback of 20 feet. The premises is located at 1 FAIRGROUNDS ROAD, Assessor's Map 55, Parcel 70, Plan Book 23, Page 86, Lot 5. The property is zoned Residential-10. 2. The Decision is based upon the Application and the materials submitted with it and the testimony and evidence submitted at the Hearing. The Planning Board made no recommendation as the matter was not of planning concern. There were no letters on file. 3. Applicants represented that they wished to covert an existing garage structure, that was in need of substantial repair, into a secondary dwelling. A second-floor addition would be constructed that would increase the height of the structure within the 10-foot side yard setback area but come no closer to that lot line than the existing structure. An addition on the southeasterly side of the structure would be built outside of the required setback areas. Applicants presented evidence; including a letter from the son of the previous owner of the property, that the structure pre-dated the 1972 enactment of the Nantucket Zoning By-Law. Two (2) parking space would be provided to meet the requirement of one (1) parking space per dwelling unit, with the Lot also containing a primary single-family dwelling unit. 4. Therefore, the Board finds that the alteration and extension of the garage structure, by changing the use to a secondary dwelling unit, and allowing upward expansion of the structure within the required southwesterly side yard setback area without coming any closer to that lot line, would not be substantially more detrimental to the neighborhood than the existing use and structure. 5. Accordingly, by a unanimous vote, the Board GRANTS the requested relief by SPECISL PERMIT under Nantucket Zoning By-Law §139-33A to allow the expansion as proposed above, under the following conditions: a. Construction shall be in substantial conformance with the Certificate of Appropriateness No. 31,599 issued by the Nantucket Historic District Commission; and b. The additions shall be in substantial conformance with the plan done by Robert Emack of Emack Surveying, dated March 10, 1998, marked as Exhibit A and attached hereto. Dated: May ~~, 1998 e Linda F. Williams D. Neil are .~~~i Timothy Madden E rd T e " RECEIVEt~ TOWN CLERK'S OFFIICE NANT~ ~rr~~- r ~ ~ n/~~4 MAY 2 Q 1998 TIME: _~.. _ - CLERK: ` SM FND 1 ~9 L~= \ 9~~~ ~SS` ~~ 9~~ ~ ~~ ~ ~ °F~~ ~~\~G QP eP`~/ ~~ .. \ ~? X ~~ ~ ~ v~ ~ ~5~~~~~ ~,~~x/ so~~• ~PNP~ R 19'6 ,~~~~ V Q~~o x '~ x 1 ~ a~``~~`H Of ~Ilgs~! .~~ x~ A. ~`, ~ EMACK H . Q Na 37730 a°~ ~ ~'y 'PFC-STERE~ JQJ`'' : 9~ ~ ~ i ANA( tAN~ s ~ , p ~s~ j ,~Fj. --~a..~--~ ~ -~ NOTES lF~i 1). DWELLING DOSS NOT CONFORM F TO CURRENT ZONING REQUIREMENTS ~ WITH RESPECT TO FRONT AND SIDE AND REAR YARD SETBACKS. 2). SECONDARY BUILDING DOES NOT CONFORM TO CURRENT ZONING REQUIREMENTS WITH RESPECT TO SIDE AND REAR YARD SETBACK. CURRENT ZONING: R-10 MINIMUM LOT SIZE: 10,000 SF MINIMUM FRONTAGE: 75 FT. FRONTYARD SETBACK: 20 FT SIDE AND REAR SETBACK: 10 FT ALLOWABLE G.C.R.: 20~ EXISTING G.C.R.: 18.790 (2217 SF)±+ PROPOSED G.C.R.: 20.090 (2373 SF)- ~~~ LOT 5 11,858 ±SF I ~~ 9~, x _. ° ~ ,~O OJ v ~~~" P o ~~ " > ~o 'sue s~G `'~. ,~ ~'o va PO ~O ~~ ~\ PLOT PLAN TO ACCOMPANY APPLICATION TO ZONING BOARD OF APPEALS FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN RELIES ON CURRENT DEEDS AND PLANS OF RECORD, VERIFIED BY FlELD MEASUREMENTS AS SHOWN HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TITLE EXAMINATION OR A RECORDABLE SURVEY. N.B. 06/47 IN NANTUCKET, MASSACHUSETTS SCALE: 1 "=30' DATE: MAR. 10. 1998 DEED REFERENCE: DBK 221, PG 69 PLAN REFERENCE: PLBK 23, PG 86 ASSESSOR'S REFERENCE: MAP: 55 PARCEL: 70 PREPARED FOR: ZAHARIAS & WALTRUD KARYOTAKIS EMACK SURVEYING 2 WASHAMAN AVENUE NANTUCKET, MA. 02554 (508) 325-0940 ,I-204 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 SCHEDULED ON GOOD FRIDAY/PASSOVER, 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: ZAHARIAS AND WALTRUD KARYOTAKIS BOARD OF APPEALS FILE N0. 044-98 Applicants are seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-33A (alteration/expansion of a pre-existing non-conforming. structure/use). Applicants propose to alter and expand a garage structure that is sited 8.4+ feet at its closest point from the southwesterly side yard lot line rather than the required ten (10) feet, by adding .a second floor and converting the use to a secondary dwelling unit. The addition would come no closer to that side yard lot line than the existing structure and a proposed addition on the southeasterly side of the structure would be in conformance with setback requirements. The principal dwelling is non-conforming as it is sited 8.0+ feet at its closest point from the southwesterly side yard lot line and 19.3+ feet at its closest point from the front yard lot line along Fairgrounds Road, in a district that requires a ten-foot side and rear yard setback and a front yard setback of 20 feet. The Premises is located at 1 FAIRGROUNDS ROAD, Assessor's Map 55, Parcel 70, Plan Book 23, Page 86, Lot 5. The property is zoned Residential-10. /~9 1 Dale W. Waine, Chairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR ~THCR ALTERNATIVE. FORMATS. (SORT..~~8=721.x. _---. .. FOR _ ASS~ISTANC;~ BALL _ ~~ __ BoA Form 1-89 NANTIICRET ZONINQ BOARD OF APPEALS TOWN AND COIINTY BIIILDINo Date ) NANTIICKET, MA 02554 O~t~ -a7' CASE No. ll 77a ApPLICATtInON FOR RELIEF owner's name(s) : ~A--~ASz.1~S •t V\/AVZR~Y3 KAi2`jv~(A~-i5 Mailing address: ~3 OI.D Sn~'(b~~ Applicant's name: S,Q~YWE% Mailing address: °.~/aM~s Location of lot: Assessor's map and parcel number ~ -~ Street address: Q1V`L ~AI{?(~~~'~ Registry Land Ct Plan, Plan Bk & Pg or Plan File °2~.f'~t Date lot acquired: ~~_ Deed~ef ~~`~ Zoning district ~-~( O Uses on lot -.commercial:'No e / or MCD?_ - number of: dwellings duplex apartments- rental rooms- Building date(s): all pXe-8/72? V or C of O?_ 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 you urge for BoA to make each finding per Section 139-32A if Variance, 139-:OA if a Special Permit (and 139-33A if to alter or extend a noricon~orming use). If appeal per 139-3~A & B _ attach decision or order appealed~jOpK to attach addendum . g-~ ~ ~ ~ ~ r ~ ar o~ 0, S U c ~1 ~? ~~ o U ~ ~~ GQ '~ ~ ~~ ~ c,, c~ U a ~ ~ ~~ Items enclosed as part of this Application: orderl addendum2 Locus map- Site plan- showing present +planned structures Floor plans present proposed- elevations (HDC aapproved?_) Listings lot area frontage setbacks- GCR parking data Assessor-certifier addressed Tist 4 sets ma~ling labels 2 sets- Si200 fee payable to Town of Nantucket proof 'cap' covenant (Zf an appeal, ask Tom Clerk to send Bldg Comr s record to BoA~ I certify that the requested in rmation submitted is substantially complete and true to the s f y knowledge, under the pains and penalties o/f ~'~r/frj~,,y. SIGNATURE l./ I%I~'~~~~'"` ~ Applicant _, Attorney/agent !/ 3(If not owner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE Application copies recd: 4_(~or_ for Bo~A/on~/~/~~bY~ one copy filed with Town Clerk on~~/,~~" bY_J;~~_ comp/lemte?\ One copy each to Planning Bd and Building Dept~/l~ ~ bY1~_ $200 fee check given Town Treasurer on~~O by ~~waived-'~? D~ Hearing notice posted~~~mailed~/2~ I & t~/~~g/<`, ~~C- Hearing(s) on~~_ cont'~~ to`/~_, ~_,/_ withdrawn?~~_ Decision due by_/~_ made_,/~_-filed TC~~,_ mailed~~_ See related cases lawsuits other RECEIVED TOWN CLERK'S OFFICE NANTUr~ET. MA 02554 MAR 2 4 X998 TIME: ?~-~ P~ c CLERK:- ` SM FND ~~ $9 L~= \ 9~F~ ~sS` F yy > ~ ~p'~ \ ~~ ~ I 0~~~ ~~\~G QP ~`~/ ~~ \ '~X D. _ ~o 'iD~ ~P~`H Of Mgss 9 ROBERT cy~ A. ~, r ~\ ' \ \ l~~ ~~ ~' ~ ~ ~ ~ ~ L~~O / 55' ~ ~N P ~ x hx, sa NPR~PS~~O-~ p,K~S ~'~. ~~. KP KP ,19,6. 1 ~~~~~ Q Q~aa. X P '~•X -o' ~~ ~~ a~~ Y ~~ X/ O F_MACK N Na 3773!] oQ ~ ~~ti ~~NAI LAND SJ~ ,p ~ s~ j ~~~ 9 NOTES F~~ 1). DWELLING DOES NOT CONFORM F TO CURRENT ZONING REQUIREMENTS ~ WITH RESPECT TO FRONT AND SIDE AND REAR YARD SETBACKS. 2). SECONDARY BUILDING DOES NOT CONFORM TO CURRENT ZONING REQUIREMENTS WITH RESPECT TO SIDE AND REAR YARD SETBACK. CURRENT ZONING: R-10 MINIMUM LOT SIZE: 10,000 SF MINIMUM FRONTAGE: 75 FT FRONTYARD SETBACK: 20 FT SIDE AND REAR SETBACK: 10 FT ALLOWABLE G.C.R.: 20~ EXISTING G.C.R.: 18.7% (2217 SF) ± + PROPOSED G.C.R.: 20.0 (2373 SF)- FOR PROPERTY LINE DETERMiNAl10N THIS PLOT PLAN RELIES ON CURRENT DEEDS AND PLANS OF RECORD, VERIFlED BY FIELD MEASUREMENTS AS SHOWN HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TITLE EXAMINATION OR A RECORDABLE SURVEY. N. B. O6 /47 ~~ tiry~/ 00~ ~. i. I ~ ~~~ v LOT 5 11,858 ±SF 9~, x .~ ~~ J~ ~O \~~ ~P O< so G~ ti ~O _ \ ~O ~~ ~\ ~Q ~~ PLOT PLAN TO ACCOMPANY APPLICATION TO ZONING BOARD OF APPEALS IN NANTUCKET, MASSACHUSETTS SCALE: 1 "=30~ DATE: MAR. 10, 1998 DEED REFERENCE: DBK 221, PG 69 PLAN REFERENCE: PLBK 23, PG 86 ASSESSORS REFERENCE: MAP: 55 PARCEL: 70 PREPARED FOR: ZAHARIAS & WALTRUD KARYOTAKIS EMACK SURVEYING 2 WASHAMAN AVENUE NANTUCKET, MA. 02554 (508) 325-0940 J-204 ~ ,od BoA Form NANTUCKET ZONING BOARD OF APPEALS TOWN.AND COUNTY BUILDING NANTUCKET, MA 02554 ASSESSORS LIST OF P_AitTIES IN INTEREST 4 nn/YDL'DTV nwtsFR • ~~~r. ~a-n,~ ~' ~l~arl~,s ~f ~/ 6~.K~ S 2-89 APPLICANT FOR RELIEF (SAME? ) ~il~ ~.d~~n'd' ADDRESS OF PROPERTY: ~ ra.~rgra~lnd~s '""' ASSESSORS MAP & PARCEL: SS '~ 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 public or private street or way; and abutters of the arutters 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)}- ~~ ~- ~~w ~~ Date P.ssessors Office 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 zoning matter. List reap and parcels for each: abutter. 5 1998 ,•~; ., . 03/10/98 TOWN OF NANTUCKET 11:15:57 OWNER 'S MAILING ADDRESS L IST Map Block Lot Owner's/Co-owner's Name Maili ng Address/City Stat e Zip Property Location 0055 00701 KARYOTAKIS ZAHARIAS & WALTRUD 0013 OLD SOUTH RD 0013 OLD SOUTH RD NANTUCKET MA 02554 0055 00711 RYDER DONALD L ETAL 0005 FAIRGROUNDS RD 0011 GOLD STAR DR NANTUCKET MA 02554 0055 007~ YDER DONALD L & VALERIE R 0005 FAIRGROUNDS RD 0005 FAIRGROUNDS RD NANTUCKET MA 02554 0055 0184 JOHNSTON BARBARA V 0005 OLD SOUTH RD 0005 OLD SOUTH RD NANTUCKET MA 02554 0055 0185 CRARY SANDRA L & JEAN U 0007 LAKEVILLE RD 0009 OLD SOUTH RD JAMAICA PLAIN MA 02130 0055 0186 LINDSAY STEPHEN A & BRENDA NOL PO BOX 1280 0011 OLD SOUTH RD NANTUCKET MA 02554 0055 0187 MEILBYE MARGARET R LIFE EST 0008 GOLD STAR DR 0008 GOLD STAR DR NANTUCKET MA 02554 0055 0188 DILUCA PHILIP A & MAUREEN E 0006 GOLD STAR DR 0006 GOLD STAR DR NANTUCKET MA 02554 0055 0195 ROSS THOMAS D 0005 GOLD STAR DR 0005 GOLD STAR DR NANTUCKET MA 02554 0055 0196 RYDER BARBARA L 0007 GOLD STAR DR 0007 GOLD STAR DR NANTUCKET MA 02554 0055 0197 ABBOTT DONALD C & CATHERINE A PO BOX 357 0012 NEWTOWN RD NORTON MA 02766 0055 0303 GAUVIN NORMAN & REBECCA J 0014 NEWTOWN RD 0014 NEWTOWN RD NANTUCKET MA 02554 0055 0304 HUGHES JEAN 0019 NEWTOWN RD 0016 NEWTOWN RD NANTUCKET MA 02554 0055 0072 HUGHES CHARLES A 0019 NEWTOWN RD 0020 NEWTOWN RD NANTUCKET MA 02554 0055 0073~HUGHES CHARLES A 0019 NEWTOWN RD 0018 NEWTOWN RD NANTUCKET MA 02554 0055 00742 HUGHES CHARLES A & JEAN 0018 NEWTOWN RD 0000 NEWTOWN RD NANTUCKET MA 02554 0055 ~~,,// 00741`j~HUGHES CHARLES A & JEAN 0019 NEWTOWN RD 0017 NEWTOWN RD / ` NANTUCKET MA 02554 0055 0075 HUGHES JAMES G 0017 NEWTOWN RD 0002 LEWIS CT NANTUCKET MA 02554 0055 0074 ~IUGHES CHARLES A & JEAN 0019 NEWTOWN RD 0019 NEWTOWN RD NANTUCKET MA 02554 0067 0040 NANTUCKET ELECTRIC COMPANY PO BOX 470 0002 FAIRGROUNDS RD WESTBOROUGH MA 015$1 0054 0046 *NANTUCKET TOWN OF ,: 0016 BROAD ST 0001 MILESTONE RD WATER COMMISSION NANTUCKET MA 02554 PAGE 1 MUAS750 8.5 NUMBER OF RECORDS = 21