HomeMy WebLinkAbout050-10 McKee, Joseph & Barbara
.
NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
CASE NO.
() to' 10
FEE: $300.00
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APPLICATION FOR RELIEF
Owner's name(s):
Mailing address:
Applicant's name(s):
Mailing address:
Joseph & Barbara McKee
15 Wildflower Trail. Greenwich CT 06831
Joseph & Barbara McKee
15 Wildflower Trail. Greenwich CT 06831
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Locus address:
5 Warren Street
Assessor's Map/Parcel:
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532j;i - 93 \J
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Land Court Plan/Plan Book & Page/Plan File No.: LC23867-A
Date lot acquired: 7/31/01 Deed Ref.lCert. of Title: 19992
Uses on Lot - Commercial: None~es (describe)
Residential: Number of dwellings 1 Duplex_ Apartments_ Rental Rooms
Lot No.:
Zoning District:
Building Date(s): All pre-date 7/72? X
or
C of O(s)?
Building Permit Nos:
192-02
Previous Zoning Board Application Nos.: 004-02
State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Sectionof.
the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities:
See Exhibit "A"
I certify that the information co ained herein is substantially complete and true to the best of my
knowledge, under the pains an penalties of perjury.
SIGNATURE: Applicant Attorney/Agent ~;:-.
(If not owner or owner's attorney, please enclose proof of agency to bring this matter before the Board)
FOR ZBA OFFICE USE
Application received on:-1-1_ By: Complete: Need copies?:
Filed with Town Clerk:_I-1_ Planning Board:_I_I_ Building Dept.:_I-1_ By:
Fee deposited with Town Treasurer:-1-1_ By: Waiver requested?:_ Granted:-1_I_
Hearing notice posted with Town Clerk:-1-1_ Mailed:_I-1_ I&M:-1-1_ & -1-1-
Hearing(s) held on: 1 1 Opened on: 1 1 Continued to: 1 1 Withdrawn?: 1 I
--- --- --- ---
DECISION DUE BY: 1 1 Made: 1 1 Filed wiT own Clerk: 1 1 Mailed: 1 1
--- --- --- ---
DECISION APPEALED?:_I_I_ SUPERIOR COURT: LAND COURT Form 4/03/03""
Exhibit "A"
Zoning Board of Appeals Application - McKee
In January of 2002 (Case No. 004-02), Applicants obtained a Special Permit
under Nantucket Zoning By-law Section 139-33A (Alteration/Expansion of a Pre-
existing, Non-conforming Structure). That Special Permit allowed the
construction of an addition over the rear portion of an existing garage structure.
The construction allowed the rear portion of the garage to have adequate
headroom so it could be used as a studio, with the front portion remaining a
garage. The Board imposed the following condition:
...b) The garage shall not be used for human habitation
without further relief from this Board.
Applicant is seeking a modification of that Special Permit to allow the conversion
of the studio into a dwelling unit.
NANTUCKET ZONING BOARD OF APPEALS
1 East Chestnut Street
Nantucket, Massachusetts 02554
Assessor's Map 54.4.1
Parcel 93
R-l
5 Warren Street
Land Court Plan 23867-A
Lot 1
COT 3467
At a Public Hearing ofthe Nantucket Zoning Board of Appeals held at 1 :00 P.M.,
Friday, January 11,2002, in the Conference Room, Town Annex Building, 37
Washington Street, Nantucket, Massachusetts, on the Application of JOS.EPH AND
BARBARA MCKEE, of 15 Wildflower Trail, Greenwich, CT 06831, Board of Appeals
File No. 004-02, the Board made the following Decision:
1. Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning
Bylaw Section 139-33A (alteration/expansion of a pre-existing nonconforming
structure/use). Applicants propose to construct an addition over a rear portion of an
existing garage structure within the northerly required five-foot rear yard and side yard
setback area, but coming no closer to those lot lines than the existing building. The new
addition would enable existing space to be used for storage and a studio, with the garage
area to be maintained. The Locus is nonconforming as to lot size with the Lot containing
about 4,539 square feet, in a district that requires a minimum lot size of 5,000 square feet;
as to ground cover, with the Lot containing about 35% of ground cover in a district that
allows a maximum ground cover ratio of 30%; as to setbacks with the dwelling sited as
close as about 3.4 feet from the westerly side yard lot line, and with the garage sited as
close as about 0.3 feet from the rear yard lot line and as close as about 0.2 feet from the
easterly side yard lot line, in a district that requires a minimum side and rear yard setback
of five (5) feet; and as to front yard setback with the dwelling being sited as close as 6.4
feet from the lot line along Warren Street.
The Premises is located at 5 WARREN STREET, Assessor's Map 54.4.1, Parcel
93, Land Court Plan 23867-A, Lot 1. The property is zoned Residential-\.
2. The Decision is based upon the Application and materials submitted with it and
the testimony and evidence presented at the hearing. The Planning Board made no
recommendation as the matter was not of planning concern. There were no letters on file
in favor or opposed.
3. Applicants represented that they wished to expand the interior space of a pre-
existing nonconforming garage structure by constructing an addition over a rear portion
of the garage within the rear and side yard setback area, without coming any closer to the
lot line than the existing building. The new addition would allow more headroom and
conversion to use as a studio/storage area, while maintaining the use as a garage. There
would be no change in the footprint of the structure or increase in the nonconforming
ground cover ratio. The parking space would be maintained. Applicants have obtained
Certificate of Appropriateness No.3t;L{?~ from the Nantucket Historic District
Commission for the work.
4. Therefore, based upon the foregoing, the Board fmds that the construction ofthe
addition would constitute an increase in the nonconforming nature of the garage structure
with the increase in mass within the required five-foot side and rear yard setback area.
However, said addition would not be substantially more detrimental to the neighborhood
than the existing nonconforrnities. The addition would have little impact on the area and
would not increase the nonconforming setback violation. The conversion of space to that
of a studio and extra storage, while maintaining a garage space would also not be
substantially more detrimental to the neighborhood, supported by the fact that there was
no comment from the abutters.
5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested
SPECIAL PERMIT relief under Nantucket Zoning Bylaw Section 139-33A to allow the
construction of the addition as proposed, and allowing the conversion of interior space to
a studio/storage space, while maintaining the garage space, subject to the following
conditions:
a. The addition shall be done in substantial confOrinaIlce with the Certificate
of Appropriateness No~L/CJ(p issued by the Nantucket Historic District Commissio~
as may be amended; and
b. The garage shall not be used for human habitation without further relief
from this Board.
Dated: January ~2002
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en
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
October 4, 2010
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No:
050-10
Owner/Applicant:
Joseph and Barbara McKee
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with 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 a
complaint in Land 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.
&U?~~~)
Edward S. Toole, Chairman /
cc: Town Clerk
Planning Board
Building Commissioner/Zoning Enforcement Officer
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT
AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING
BY-LAW SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32
(VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD
OF APPEALS OFFICE AT 508-228-7215.
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 55.4.1, Parcel
93
5 Warren Street
Residential Old Historic
Land Court Plan 23867-A, Lot 1
Certificate of Title No. 19992
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, September 9, 2010, at 1:00 P.M., at 2
Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of JOSEPH AND BARBARA MCKEE
of 15 Wildflower Trail, Greenwich, CT 06831, File No. 050-10:
2. Applicants are requesting a modification to their
existing Special Permit in Decision No. 004-02 in order to be
allowed to convert the studio into a dwelling unit. Condi tion
"b" in Decision No. 004-02 stated that, "The garage shall not be
used for human habitation without further relief from this
Board. " The site is located at 5 Warren Street, is shown on
Nantucket Tax Assessor's Map 55.4.1 as Parcel 93, is shown on
Land Court Plan 23867-A as Lot 1, and is registered as
Certificate of Title No. 19992 in the Nantucket County Registry
District of the Land Court. The property is zoned Residential
Old Historic.
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
recei ved at our public hearing. There was no Planning Board
recommendation, on the basis that no matters of planning concern
were presented. There were two letters on file in support of the
application.
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4. Attorney Richard Glidden represented the Applicant.
Attorney Glidden explained to the Board that the Applicants are
requesting a Modification to their existing Special Permit in
Decision No. 004-02. In ZBA Decision No. 004-02 the Applicants
had obtained a Special Permit for a construction of an addition
over the rear portion of an existing garage structure. The
construction allowed the rear portion of the garage to have
adequate headroom so it could be used as a studio, with the front
porch remaining a garage.
In said decision, the Board imposed the following condition (b):
"The Garage shall not be used for human habitation without
further relief from this Board."
Accordingly, the Applicant is requesting a modification of that
Special Permit to allow the conversion of the studio into a
dwelling unit. Counsel for the Applicant stated that there will
be no exterior construction taking place; rather, this is more of
a change in use. Further, Counsel stated that there have been
two letters from abutters submitted supporting the Applicants
request.
5. Therefore, after a discussion with the Applicant and
Counsel for the Applicant, the Board finds that such a
modification to the Special Permit may be granted to approve the
change in use from a studio to a dwelling unit as the Board
determined that this type of change in use would not be
substantially more detrimental to the neighborhood than the
existing nonconformity on the Locus.
6. Accordingly, by a unanimous vote of the sitting Board,
the Board of Appeals approved the requested modification to
Decision No. 004-02 to allow the Garage to be used for human
habitation.
SIGNATURE PAGE TO FOLLOW
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Dated: Ctfober ~
, 2010
Koseatac
/
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. I~, 2010
_~ J;;Uj ~, day' ofttl:i:t~OlO, before me, the undersigned Notluy Public, personally appeared
if.., D'MtJ.Yl{ , who is personally known to me, and who is the person whose
name is signed on the preceding or attached document, and who acknowledged to me that he/she signed it voluntarily
for its stated purpose.
4C~ .
Notary Public: '.(ht'$~A. K.. MtJoY-/
My commission expires: MA.r"(...h .;,., ~/3
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