HomeMy WebLinkAbout007-11 Colella & Maureen Dunphy
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NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
FEE: $300.00
CASE NO.
D01- Lt
APPLICATION FOR RELIEF
Owner's name(s): Anthony Colella & Maureen J. Dunphy
Mailing address: 330 East 43rd Street, #605,
New York, NY, 10017
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Applicant's name(s): Richard J. Glidden, Attorney
Mailing address: 37 Centre Street, Nantucket, MA 02554
Locus address: 7 I Street Assessor's Map/Parcel: 59.4 - 074
Land Court Plan/Plan Book & Page/Plan File No.: Land Court Plan 3092-S Lot No.: Lots 57 & 68
Date lot acquired: \ ~ , ., \ \ 0 Deed Ref.lCert. of Title: 23741 Zoning District: 'VR
Uses on Lot-Commercial: None_ Yes (describe) None
Residential: Number of dwellings I Duplex N/A Apartments N/A Rental Rooms
Building Date(s): All pre-date 7/72? House and Garage predate 1972
or C ofO(s)?
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Building Permit Nos: N/ A
Previous Zoning Board Application Nos.:
State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of
the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities:
See attached Exhibit "A"
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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:-I-I_ By: Complete: Need copies?:
Filed with Town Clerk:-I -I_Planning Board:_'-I _ Building Dept.:-I -I_By:
Fee deposited with Town Treasurer:_'_'_ By: Waiver requested?:_Granted:-I-'_
Hearing notice posted with Town Clerk:-' -' _ Mailed:-I-I_ I&M:-I -I _ & -1-'_
Hearing(s) held on:-I--1_ Opened on:--1-'_ Continued to:-I-I_ Withdrawn?:-I-'_
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EXHIBIT "A"
Applicants own property at 7 I Street with an existing house built prior to 1972. The
existing dwelling is 7.5'-3:; from the easterly sideline in a district requiring a 15' rear and
side set-back. Applicants seek a special permit pursuant to CH 134 0 33 A (5) allowing
them to construct a new deck/porch on the northerly side of the house. The deck/porch
would measure 8' x 24' and would extend the easterly line of the house 8' towards
Tennessee Avenue. All within the 15' rear yard set-back.
Additionally applicants wish to build a deck 12'9" x 12' with an outdoor shower on the
southwest corner of the existing dwelling. The existing dwelling is located within the 30'
front yard set-back being 19.3'-3:; from the line of! Street. This deck addition would "fill-
in" the corner on the southwest corner and would not intrude any further into the front
yard set-back than the existing house. Therefore applicants request special permit relief
from both the rear yard set-back and the front yard set-back requirement of the zoning
by-law.
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ON-ISLAND SURVEY INC.
PROFESSIONAl LAND SURVEYOR
P.O. BOX 896
NANTUCKET, MA. 02554
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ZONING CLASSIFICATION: V-R
MINIMUM LOT SIZE = 20,000 SQ. FT.
MINIMUM FRONTAGE = 100 FT.
FRONT YARD SETBACK = 30
REAR YARD SETBACK = 15 FT.
SIDE YARD SETBACK = 15 FT.
GROUND COVER RATIO 10 %
EXISTING GROUND COVER RATIO 13.7%
PROPOSED GROUND COVER RATIO 13.7%
BOARD OF APPEALS PLAN
NANTUCKET, MA.
#7 I STREf;T
(NANTUCKET COUN1Y)
SCALE 1 IN.= 20 FT
JANUARY 5, 2011
ASSESSORS MAP 59.4., PARCEL 74
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RECSVED .
BOAAO OF ASaESSOAS
Town of Nantucket .
JAN 0 5 REC'D
TOWN OF
NANTuct<Er, MA
Zoning: Board of Appeals
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER...... .~.. ~.~.~........ .~.~.~. ~. ~ ~. ~.....(. .~~.~.
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MAILING ADDRESS... . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . ..
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PROPERTY LOCATION........................... .\........\.............................
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ASSESSOR MAP/P ARCEL...............................................................
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SUBMITTED By...........................................................................
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SEE ATTACHED PAGES
I certify that the foregoing is a list of all persons who are owners of abutting
property, owners ofland directly opposite on any public or private street or way;
and abutters of the abutters and all other land owners within 300 feet of the
property line of owner's property, as they appear on the most recent applicable tax
list (M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139-29B
(2).
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ASSESSOR'S OFFICE
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Cert 23741 000: 00
Registered: 12/07/201002:46 PM
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I, JANE E. Ml\NNING. of 115 Main Street, Nantucket, Massachusetts
02554, for consideration paid in the amount of Seven Hundred
Forty-Five Thousand ($745,000.00) Dollars grant to ANTHONY
COLELLA and MAUREEN J. DUNPHY. as joint tenants with right of
survivorship, with a mailing address. of 330 East 43"" Street.
1605. New york, New York ~0017, with QUITCLAIM COVENANTS,
~ose certain parcels of l~d, together with the ~ildings
thereon. located in Nantucket, Nantucket County. MassachusettS.
noW known and numbered as 7I Street and 32 Tennessee Avenue,
bounded and described as follows,,:
PARCEL ONE:
Lot 46 on Land Court Plan No. 3092-S, Sheet 2, dated June 23,
1927. filed with Certificate of Title No. 1377 at Nantucket
Registry District.
Together with the right to use Lot B. Plan 3092-S, Sheet 3, for
the purpose of bathing and boating.
PARCEL TWO:
NORTHWESTERLY by Tennessee Avenue, seventy-five (75) feet;
SOUTHWESTERLY by I Street, one hundred sixty (160 ) feet;
SOUTHEASTERLY by Washington Avenue, seventy-five (75) feet;
and
NORTHEASTERLY. by Lots fifty-six (56) and sixty-nine (69)
one hundred sixty (160) feet.
Said land is shown as Lots 57 and 68 on Land Court Plan No. 3092-
S. Sheet 2. dated June 23. 1927, filed with Certificate of Title
No. 1317 at Nantucket Registry District.
There shall be appurtenant to said Lots 57 and 68 a right of way
over Tennessee Avenue to I. Street, thence over I Street to the
Madaket ~oad1 alsO a right of way over I Street to Lot B as shown
on said Plan1 also the. privilege of using Lot B in connnon with
other lot owners who may be granted similar rights, for access to
Hither Creek for bathing and boating. .
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
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Date:
February 18, 2011
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No:
007-11
Owner/Applicant:
Anthony Colella & Maureen J. Dunphy
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 comp1aint and
certified copy of the Decision must be ive to the Town Clerk so
as to be received within such TWENTY ys.
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 59.4, Parcel 74
7 I Street
Village Residential
lot 57 &68
land Court Plan 3092-S
Certificate of Title No. 23741
DECISION:
1. The Nantucket Zoning Board of Appeals held a public hearing on February
10,2011, in the Garage Area at 2 Fairgrounds Road, Nantucket, Massachusetts,
regarding the application of Anthony Colella & Maureen J. Dunphy, 330 East
43rd Street, New York NY 10017, Board of Appeals File No. 007-11. The Board
made the following Decision:
2. Applicants are requesting SPECIAL PERMIT relief pursuant to Nantucket
Zoning Bylaw Sections 139-33.A.(4) and (5) (alteration of preexisting
nonconforming structure) in order to construct two new decks on the locus. The
first deck would be sited on the northerly side of the property; would measure 8' x
24' and would extend the sideline setback encroachment a distance of 8 feet.
The porch addition would extend the northerly line of the existing dwelling so that
the line of the dwelling and the line of the porch would be 7.5 feet from the
sideline in a district that requires a 15 foot setback. The other deck is being sited
in the southwest corner of the existing dwelling. The existing dwelling is sited
approximately 19.3 feet from the front yard lot line in a zoning district that
requires a 30 foot front yard setback. This proposed addition will not intrude any
further into the front yard setback than the existing dwelling. The lot is also
nonconforming as to minimum lot size, having approximately 12,000 square feet
in a zoning district that requires a minimum lot size of 20,000 square feet; but,
the proposed additions will not increase the ground cover. The locus is situated
at 7 I Street, is shown on Nantucket Tax Assessor's Map 59.4 as Parcel 74, is
shown as lots 57 & 68 on land Court Plan 3092-S, and is registered as
Certificate of Title No. 23741 in the Nantucket County Registry District of the
land Court. The property is zoned Village Residential.
3. Our Decision is based upon the application and accompanying materials
and representations and testimony received at the public hearing. There was no
Planning Board recommendation on the basis that no matters of planning
concern were presented. No abutter comment was received either in favor or in
opposition to the application.
4. Attorney Richard J. Glidden represented the Applicant. Attorney Glidden
explained to the Board that Applicants purchased this home in Madaket which
was built in the 1950's and wished to add a front porch and construct a rear deck
to replace an existing stone patio. The existing house violates both the sideline
setback on the easterly side of the house and violates the front yard setback on
the westerly side of the house. The proposed additions would not increase the
ground cover of the structure but would extend the easterly line 8 feet towards
Tennessee Avenue, and changing the patio to a deck with an outdoor shower
would extend the westerly sideline of the house a distance of 12 feet. Neither of
these changes would alter the residential character of the structure and the
changes would be an improvement to the use and enjoyment of the house for
residential purposes. Further, this proposed addition will not intrude any further
into the front yard setback than the existing dwelling
5. Therefore, the Board finds that the proposed alterations will not be
substantially more detrimental to the neighborhood than the existing
nonconformity and will be in keeping with the residential character of the
neighborhood, and that the nonconforming distances of the setback intrusions
are not being made more nonconforming.
6. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board
GRANTS the requested relief by SPECIAL PERMIT, allowing the construction of
the front porch additional (8' x 24') and the deck addition (12'9" x 12') on the
southwest corner of the existing dwelling to be done in substantial conformity
with the plan entitled "Board of Appeals Plan, Nantucket, MA," prepared by On-
Island Survey, Inc., dated January 5,2011, attached hereto as "Exhibit A."
SIGNATURE PAGE TO FOllOW
Dated:
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Mark Poor
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Michael O'Mara
@'9--UG
usan McCa hy
COMMONWEALTH OF MASSACHUSETTS
County of Nantucket, ss
On this -10.- day of -- ~...../ 2011, before me, the undersigned notary public,
personally appeared ~.,l. (a) -4=- personally known
to me, or (b) _ proved to me through satisfactory evidence of identification, which
was - (type of identification) to be the person whose
name is signed on the preceding or attached document, and acknowledged to me that
he/she signed it voluntarily for its stated purpose.
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ON-ISlAND SURVEY INC.
PROFESSIONAL lAND SURVEYOR
P.O. BOX 896
NANTUCKET. MA. D2554
,/ (508) 228-8031
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ZONING CLASSIFICATION: R-2
MINIMUM LOT SIZE = 20,000 SQ. FT.
MINIMUM FRONTAGE = 75 FT.
FRONT YARD SETBACK = 30
REAR YARD SETBACK = 10 FT.
SIDE YARD SETBACK = 10 FT.
GROUND COVER RATIO 12.5%
EXISTING GROUND COVER RATIO 13.7%
PROPOSED GROUNS COVER RATIO 15.3%
BOARD OF APPEALS PLAN
NANTUCKET, MA.
'7 I STREET
(NANTUCKET COUNTY)
SCAlE 1 IN.= 20 FT
JANUARY 5, 2011
ASSESSORS MAP 59.4., PARCEl 74