HomeMy WebLinkAbout063-10 APPEAL Georgantas, Peter E.
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TOWN OF NANTUCKETi;~::<':
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
Fee: $300.00
File No. D& 3...lb
Owner's name(s):
Peter E. Georgantas
Mailing address:
74 Beacon Street" Boston MA 02108
Phone Number:
617-901-3966
E-Mail:
Applicant's name(s): Peter E. Georgantas
Mailing Address: 74 Beacon Street, Boston MA 02108
Phone Number: 617-901-3966 E-Mail: Peter@pegproperties.com
Locus Address: 9 Howard Street Assessor's Map/Parcel: 42.3.3 - 54
Land Court Plan/Plan Book & Page/Plan File No.: No plan at Registry
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Deed Reference/Certificate of Tide: Book 1102, Page 165
Zoning District: R-I
Uses on Lot- Commercial: None:
Yes (describe)
Residential: Number of dwellings: 1 Duplex
Apartments
Date of Structure(s): all pre-date 7/72: Pre-date -- 1972 - completely renovated
Building Permit Numbers: 2008 - 0418; 0417
Previous Zoning Board Application Numbers: None
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State below or attach a separate addendum of specific special permits or variance relief
applying for:
Please see attached.
I certify that the information contained herein is substantially complete and true to the
best of my knowledge, under the p' and penalties of perjury.
SIGNATURE:
Owner*
SIGNATURE:
P) "\ TO fJ...\\J
orney I Agent*
*If an Attorney or other Agent is representing the Owner or the Applicant, please provide
a signed proof of agency.
OFFICE USE ONLY
Application received on:_1 _I _ By:_ Complete:_ Need Copies:_
Filed with Town Clerk:_1 _I_Planning Board:_1 _I_Building Dept.:_1 _I _ By:_
Fee deposited with Town Treasurer:_1 _I _ By:_ Waiver requested:_
Granted:_1 _I _ Hearing notice posted with Town Clerk:_1 _I _ Mailed:_1 _1_
I&M_I _I _ &_1 _I _ Hearing(s) held on:_1 _I _ Opened on :_1 _I _
Continued to:_1 _I _ Withdrawn:_1 _I _ Decision Due By:_1 _I _
Made:_1 _I _ Filed w ITown Clerk:_1 _I _ Mailed:_1 _I _
.
Addendum" A"
Applicant seeks a Special Permit pursuant to Chapter 139 9 33 (4) to extend a pre-
existing non-conforming structure. Applicant renovated an old house at 9 Howard Street.
They lifted the house up, excavated a basement and then replaced the house in the same
location and at the same identical elevation. The house pre-exists the Zoning By-law and
is 6.2 feet from Howard Street in a Zoning District that required a ten (10) foot front yard
setback.
During the HDC design process, a front door was added to the fal(ade facing Howard
Street. In order to meet the building code, it is necessary to have steps leading from the
front door to the street which means the steps are located within the front yard setback.
Applicant seeks a Special Permit to allow the front door steps to be placed within the
front yard setback up to the property line so that the last step is right at the property line.
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INFORMAllON 5"'OWN HEREON WAS
COMPIlED fROM AERIAl PHOTOGRAPHS. DEWS.
AND PlANS Of RECORD AND IS NOT to BE
CONSTRUro....S HAVING SUFfiCIENT ACCUR-
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554 g
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Date:
January 12, 2011
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No:
063-10
Owner/Applicant:
PETER E. GEORGANTAS
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 giv n to the Town Clerk so
as to be received wi thin such TWENTY ) ays .
cc:
Town Clerk
Planning Board
Building Commissioner/Zoning Enforcement Officer
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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 42.3.3, Parcel
54
9 Howard Street
Residential - 1
Book 1102, Page 165
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, November 18, 2010, at 1:00 P.M., at 2
Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of PETER E. GEORGANTAS, of
74 Beacon Street, Boston, MA 02108, File No. 063-10:
2. Applicant is requesting Special Permit relief pursuant
to Nantucket Zoning Bylaw Section 139-33.A. (4) (alteration of
preexisting nonconforming structure) in order to alter the
Applicant's preexisting nonconforming structure. The structure
preexists the Zoning Bylaw and is sited approximately 6.2 feet
from Howard Street in a zoning district that requires a 10 foot
front yard setback. A front door was added to the fa9ade facing
Howard Street and in order to meet the building code, it is
necessary to have steps leading from the front door to Howard
Street. Accordingly, these steps will be as close as 0 feet from
the front yard setback. In the al ternati ve, the Applicant is
requesting Variance relief pursuant to Nantucket Zoning Bylaw
Section 139-32 (variances) from the intensity regulations in
Section 139-16 (intensity regulations setbacks) in order to
perform the work requested. The Locus is situated at 9 Howard
Street, is shown on Nantucket Tax Assessor's Map 42.3.3 as Parcel
54, and title is recorded at the Nantucket County Registry of
Deeds in Book 1102, Page 165. The property is zoned Residential
- 1.
3 . Our
accompanying
decision is
materials,
based upon the
and representations
application and
and testimony
1
recei ved at our public hearing. There was no Planning Board
recommendation, on the basis that no matters of planning concern
were presented. Staff was contacted by a few abutters who did
not understand the nature of the application as the steps had
been in place since 2007. One letter was received in support of
the application conditional upon the existing fence being
relocated from the road layout.
4. Attorney Richard Glidden represented the Applicant.
Attorney Glidden stated that the Applicant is requesting Special
Permit relief pursuant to Nantucket Zoning Bylaw Section 139-
33.A. (4) in order to allow for the alteration of the preexisting
nonconforming structure.
Specifically, the Applicant renovated the structure on 9 Howard
Street by lifting the house, excavating a basement, and then
replacing the house in the same location and at the identical
elevation. The house preexists the Zoning Bylaw and is sited as
close as 6.2 feet from Howard Street in a zoning district that
requires a 10 foot front yard setback.
While applying for relief at the Historic District Commission, a
front door was added and in order to meet the building code, it
was necessary to have steps leading from the front door to the
street. Accordingly, these steps are located wi thin the front
yard setback so that the last step is sited approximately zero
(0) feet from the front property line. The Applicant is
requesting Special Permit relief in order to validate the
location of said steps leading from the front door to Howard
Street.
5. Attorney Marianne Hanley, representing the contract
purchaser of the Locus, clarified what transpired during the
Historic District Commission hearings. Specifically, that the
Historic District Commission desired to see a door on the front
of the house and the in the present instance, the building code
requires steps leading from the front door. Accordingly,
Attorney Hanley urged the Board to grant the requested relief.
The Board expressed some confusion regarding whether or not the
steps have been sited. According to the Counsel for the
Applicant, the steps were sited around 2007 when the renovations
to the Locus were being completed. The contractor who worked on
the renovations in 2007, Christopher Skehel, explained to the
Board that pursuant to the building code, in order to have a
front door on the Locus, there must be steps leading from the
front door. Accordingly, as the structure was raised during the
renovation process, granite steps were installed to lead to
Howard Street. Such steps are considered part of the structure
2
and therefore need relief from the Board of Appeals to be sited
in the setback.
Also at the hearing, Attorney Glidden submitted photographs of
the steps to the Board and submitted a revised stamped plan that
showed the fence relocated from the road layout and onto the
Locus.
6. Therefore, after a discussion with the Counsel for the
Applicant, the Board finds that Special Permit relief may be
granted to the Applicant as the standard for this type of relief
is that the alteration to the preexisting nonconforming structure
shall not be substantially more detrimental to the neighborhood
than the existing nonconformity. The Board relied on the
testimony from Counsel, as well as from the testimony from Mr.
Skehel in determining whether or not this standard was met.
There were some reservations by Board members because the
structure is currently sited as close as 6.7 feet from the front
yard setback and these steps, which are considered part of the
structure, are now sited as close as zero (0) feet from the front
yard setback. The Board also expressed frustration because this
work was done in 2007 without the benefit of a Special Permit
from the Zoning Board of Appeals and the Board is now asked to
validate these existing steps that were installed in 2007. Some
of the Board also expressed frustration because these steps were
required by the Historic District Commission and did not seem to
consider the need for a Special Permit in order to do so.
7. Accordingly, a motion was made to approve the requested
relief by Special Permit as the requested relief would not be
substantially more detrimental to the neighborhood than the
existing nonconformity and by a vote of THREE in favor and TWO
opposed (Poor and Toole) the relief was not granted for lack of a
super majority.
SIGNATURE PAGE TO FOLLOW
3
Dated:
Ua.L1UdAt 1'1 , 2011
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Ke~~ Koseat~
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'Ma'rk Poor v
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COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. cJtUI1 J ~ ,2011
EJ ~ fi' 11- day o~ U1 , 2011, before me, the undersigned Notary Public, personally appeared
r;.. () 1.. , 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.
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Notary Public: Ve.N~~}(. M.tJfJ'(L(
My commission expires: M.t:tft..h ~ ~ ~
4
SEE ATTACHED
COMMONWEALTH OF MASSACHUSE
FILED
! FEB 03 2011 I
S NANTUCKET SUPERIOR
COURT CLERK
Superior Court
Civil Action No,l J - Ilf
.,
Nantucket, ss.
PETER E. GEORGANT AS, )
Plaintiff )
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vs. ) COMPLAINT
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EDWARD S. TOOLE, ) 1""""'"
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MICHAEL J. O'MARA, ) 4E ?~~ ..,.,
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KERIM KOSEATAC, ) c:c
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MARK POOR and ) ,.....- --
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SUSAN McCARTHY, as ) '-'-i ~", :.:;:. ~"
they are members of the ) \0 - ,
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NANTUCKET BOARD OF ) VI
APPEALS, )
Defendants, )
1. The plaintiff, Peter E. Georgantas is the record owner of property at 9
Howard Street, Nantucket Massachusetts (Locus) by virtue of deed
recorded with Nantucket Registry of Deeds in Book 1102, Page 165,
2. The defendants Edward S. Toole, Michael J. O'Mara, Kerim Koseatac,
Mark Poor and Susan McCarthy (The Board of Appeals), are members of
the Nantucket Board of Appeals and are all of the members of the
Nantucket Board of Appeals who participated in the matter which is the
subject of this complaint; they reside at the following addresses, are
situated in Nantucket, Nantucket County, Massachusetts:
MEMBER
Edward S, Toole
Michael J. O'Mara
Kermin Koseatac
Mark Poor
Susan McCarthy
ADDRESS
28 Burnell Street
240 Polpis Road
30 North Water Street
8A Deer Run Road
10 Valley Road
3. Georgantas submitted an application to the Nantucket Board of Appeals
seeking a special permit pursuant to Nantucket Zoning By-Law CH 139-33
A (4) to alter the applicant's pre-existing nonconforming structure. The
structure pre-exists the zoning by-law and is sited approximately 6.2 feet
from Howard Street in a zoning district that requires a 10 foot front yard
set-back, During renovations a front door was added to the facade facing
Howard Street and in order to meet the building code it is necessary to
have steps leading from the front door out to Howard Street. These steps
-
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will be as close as zero feet from the front yard set-back. Even though
they are granite steps and not attached to the house they are considered
structures under the provisions of the Nantucket Zoning By-Law.
4, The Board of Appeals entered a decision dated January 12, 2011 and filed
with the Nantucket Town Clerk on January 14, 2011, denying the
requested special permit relief. A certified copy of the decision is attached
hereto as Exhibit "A".
5. No persons appeared in opposition and there was a letter in support from
an abutter.
6. The plaintiff is aggrieved by reason of the action of the Board of Appeals
in denying said special permit because said decision was arbitrary and
capricious, was not justified by the facts presented before the Board of
Appeals and is contrary to the purpose and intent of the Zoning By-Law.
WHEREFORE, The plaintiff brings this action pursuant to MGL CH 40A 0 17 and
By-Law CH 139-30.6, to appeal from the denial of special permit relief by the
Board of Appeals as set forth above, and requests this honorable count to grant
the following relief:
a. Determining that the decision of the Board of Appeals was arbitrary
and capricious and was not supported by facts.
b. Annul the decision of the Board of Appeals in this matter.
c. For such other and further relief as this court shall deem
appropriate.
Dated February 'd..., 2011
Respec Iy submitted
Peter . Georgantas
Richar . eten
Glidden and Glidden, P.C.
37 Centre Street, PO Box 1079
Nantucket, MA 02554
508-228-0771
glidatty@nantucket.net
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TOWN OF NANTUCKET
BOARD OF APPEALS ..;"..-.
ATTEST: A TRUE co~ANTUCKET, MASSACHUSETTS 02554
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NANTUCKET TOWN CLERK
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Date:
January 12, 2011
To: Parties in Interest and Others concerned with the Decision of
The BOAlU) OF APPEALS in the Application of the followinq:
Application No:
063-10
Owner/Applicant:
PETER E. GEORGAN'rAS
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 brouqht by filinq 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 giv n to the Town Clerk so
as to be received within such TWENTY ) ys.
. ./
Chairman
cc: Town Clerk
Planninq Board
Buildinq Commissioner/Zoninq Enforcement Officer
PLEASE NOTE: MOST SPECIAL PEmUTS AND VARIANCES HAVE A TDm LDaT
AND WJ:LL EXPIRE IF NOT ACTED UPON ACCORDING 'lO NAN'rUCKET ZONING
BY-~ SECTION 139-30 (SPECIAL P~TS); SECTION 139-32
(VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD
OF APPEALS OFFICE AT 508-228-7215.
-
NAN'rOCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 42.3.3, Parcel
54
9 Howard Street
Residential - 1
Book 1102, Page 165
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, November 18, 2010, at 1:00 P.M., at 2
Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of PETER E. GEORGANTAS, of
74 Beacon Street, Boston, MA 02108, File No. 063-10:
2. Applicant is requesting Special Permit relief pursuant
to Nantucket Zoning Bylaw Section 139-33.A. (4) (alteration of
preexisting nonconforming structure) in order to alter the
Applicant's preexisting nonconforming structure. The structure
preexists the Zoning Bylaw and is sited approximately 6.2 feet
from Howard Street in a zoning district that requires a 10 foot
front yard setback. A front door was added to the fayade facing
Howard Street and in order to meet the building code, it is
necessary to have steps leading from the front door to Howard
Street. Accordingly, these steps will be as close as 0 feet from
the front yard setback. In the alternative, the Applicant is
requesting Variance relief pursuant to Nantucket Zoning Bylaw
Section 139-32 (variances) from the intensity regulations in
Section 139-16 (intensity regulations - setbacks) in order to
perform the work requested. The Locus is situated at 9 Howard
Street, is shown on Nantucket Tax Assessor's Map 42.3.3 as Parcel
54, and title is recorded at the Nantucket County Registry of
Deeds in Book 1102, Page 165. The property is zoned Residential
- 1.
3 . Our
accompanying
decision is
materials,
based upon the
and representations
application and
and testimony
1
recei ved at our public hearing. There was no Planning Board
recommendation, on the basis that no matters of planning concern
were presented. Staff was contacted by a few abutters who did
not understand the nature of the application as the steps had
been in place since 2007. One letter was received in support of
the application conditional upon the existing fence being
relocated from the road layout.
4. Attorney Richard Glidden represented the Applicant.
Attorney Glidden stated that the Applicant is requesting Special
Permit relief pursuant to Nantucket Zoning Bylaw Section 139-
33.A. (4) in order to allow for the alteration of the preexisting
nonconforming structure.
Specifically, the Applicant renovated the structure on 9 Howard
Street by lifting the house, excavating a basement, and then
replacing the house in the same location and at the identical
elevation. The house preexists the Zoning Bylaw and is sited as
close as 6.2 feet from Howard Street in a zoning district that
requires a 10 foot front yard setback.
While applying for relief at the Historic District Commission, a
front door was added and in order to meet the building code, it
was necessary to have steps leading from the front door to the
street. Accordingly, these steps are located within the front
yard setback so that the last step is sited approximately zero
(0) feet from the front property line. The Applicant is
requesting Special Permit relief in order to validate the
location of said steps leading from the front door to Howard
Street.
5. Attorney Marianne Hanley, representing the contract
purchaser of the Locus, clarified what transpired during the
Historic District Commission hearings. Specifically, that the
Historic District Commission desired to see a door on the front
of the house and the in the present instance, the building code
requires steps leading from the front door. Accordingly,
Attorney Hanley urged the Board to grant the requested relief.
The Board expressed some confusion regarding whether or not the
steps have been sited. According to the Counsel for the
Applicant, the steps were sited around 2007 when the renovations
to the Locus were being completed. The contractor who worked on
the renovations in 2007, Christopher Skehel, explained to the
Board that pursuant to the building code, in order to have a
front door on the Locus, there must be steps leading from the
front door. Accordingly, as the structure was raised during the
renovation process, granite steps were installed to lead to
Howard Street. Such steps are considered part of the structure
2
-
and therefore need relief from the Board of Appeals to be sited
in the setback.
Also at the hearing, Attorney Glidden submitted photographs of
the steps to the Board and submitted a revised stamped plan that
showed the fence relocated from the road layout and onto the
Locus.
6. Therefore, after a discussion with the Counsel for the
Applicant, the Board finds that Special Permit relief may be
granted to the Applicant as the standard for this type of relief
is that the alteration to the preexisting nonconforming structure
shall not be substantially more detrimental to the neighborhood
than the existing nonconformity. The Board relied on the
testimony from Counsel, as well as from the testimony from Mr.
Skehel in determining whether or not this standard was met.
There were some reservations by Board members because the
structure is currently sited as close as 6.7 feet from the front
yard setback and these steps, which are considered part of the
structure, are now sited as close as zero (0) feet from the front
yard setback. The Board also expressed frustration because this
work was done in 2007 without the benefit of a Special Permit
from the Zoning Board of Appeals and the Board is now asked to
validate these existing steps that were installed in 2007. Some
of the Board also expressed frustration because these steps were
required by the Historic District Commission and did not seem to
consider the need for a Special Permit in order to do so.
7. Accordingly, a motion was made to approve the requested
relief by Special Permit as the requested relief would not be
substantially more detrimental to the neighborhood than the
existing nonconformity and by a vote of THREE in favor and TWO
opposed (Poor and Toole) the relief was not granted for lack of a
super majority.
SIGNATURE PAGE TO FOLLOW
3
-
Dated:
dllitU4At N , 2011
Kerirn Koseata9
.J
4'1/. a
'Mark Poor
~Mc;~;2J --
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. c.Jo.v, 1 ~-' 2011
~ r otftis 11- day o~ 2011, befure me, !be IIOdersigoed Notmy PubUc, pcnooaIly appeared
t;. . 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.
~~.
Notary Public: V~~~J( ~
My commission expires: Mt.tI'lJr ~ pt) r!;I
4