HomeMy WebLinkAbout016-11 Glidden, Jessie(70 Center St. R.T.)
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TOWN OF NANTUCKET -
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
APPLICATION
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Fee:' $300.00 File No. ~ ~ G -11
Owners' names: Jessie M. Glidden, Trustee
70 Center Street Realty Trust
Mailing address: c/o Glidden & Glidden, P.C.
37 Centre Street, Post Office Box 1079, Nantucket, Mass. 02554
Phone Number: 508-228-0771 E-Mail:jessie@gliddenandglidden.com
Applicant's name Jessie M. Glidden, Trustee
Mailing Address: c/o Glidden & Glidden, P.C.
37 Centre Street, Post Office Box 1079, Nantucket, Mass. 02554
Phone Number: 508-228-0771 E-Mail: Jessie@gliddenandglidden.com
Locus Address: 70 Center Street, Nantucket Assessor's Map/Parcel: 4243 / 101
Plan and Lot Reference: Book 38, Page 155 Zoning District: Residential Old Historic
Title Reference: Book 1243, Page 322
Uses on Lot- Commercial?: No If yes, describe
Residential: Number of dwellings on lot Two Number of dwelling units: Two
Duplex ? No Accessory Apartments? No
Date of Structures: all pre-date 7/72? YES If not, when built?
Building Permit Numbers:
Previous Zoning Board Application Numbers:
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2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554 f
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Date: June 10, 2011
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To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 016-11
Owner/Applicant: JESSIE M. GLIDDEN, TRUSTEE OF 70 CENTER
STREET REALTY TRUST
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.
7
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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 42.4.3, Parcel 101
70 Centre Street Plan Book 38, Page 155
Residential Old Historic Book 1243, Page 322
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday,
March 10, 2011 and April 14, 2011, at 1:00 P.M., at 2 Fairgrounds Road and 4 Fairgrounds Road,
respectively, Nantucket, Massachusetts, the Board made the following decision on the
application of JESSIE M. GLIDDEN, TRUSTEE OF 70 CENTER STREET REALTY TRUST,
c/o Glidden & Glidden, P.C., 37 Center Street, Post Office Box 1079, Nantucket, Massachusetts
02554, File No. 016-11:
2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw
Section 139-33.A.(4) (alteration of preexisting nonconforming structures) in order to renovate
the existing main dwelling by lifting the building to reconstruct the foundation and by
constructing a 32 square foot addition (4 x 8 bay window) at the rear of the main house. The
location of said addition will comply with side and rear yard setbacks. The existing
encroachments of the main house onto the neighbor to the southeast will continue in their current
location but will not be increased. The Applicant also proposes to renovate the existing cottage
by lifting the building to reconstruct the foundation. In doing so, the Applicant proposes to
reduce the ground cover of the cottage by 10 square feet and in order to cure the existing
encroachment to the East. The cottage will also be moved towards Centre Street so that it will
comply with the five foot rear yard setback. The cottage, as proposed, will continue to violate
the side yard setback as it proposed to be sited zero feet from each side yard in a zoning district
that requires a five foot side yard setback. The Locus is nonconforming as to lot size, frontage,
ground cover ratio, and rear and side yard setbacks. In the alternative, the Applicant is requested
Variance relief pursuant to Nantucket Zoning Bylaw Section 139-32 (Variances) from the
intensity regulations in 139-16 (intensity regulations) in order to complete the work proposed.
The Locus is situated at 70 Centre Street is shown on Nantucket Tax Assessor's Map 42.4.3 as
Parcel 101, is shown on Plan Book 38, Page 155, and title is recorded at the Nantucket County
Registry of Deeds in Book 1243, Page 322. The property is zoned Residential Old Historic.
3. Our decision is based upon the application and accompanying materials, and
representations and testimony received at our public hearing. There was no Planning Board
recommendation, on the basis that no matter of planning concern was presented. The Board of
Appeals received a letter from an abutter asking for clarification regarding the application. Some
of the abutters asked for further clarification at the hearing as well.
4. Attorney Jessie M. Glidden represented the Applicants. Attorney Glidden stated
that the Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw
Section 139-33.A.(4) (alteration of preexisting nonconforming structures) in order to renovate
1
the main house by lifting the building to reconstruct the foundation. The Applicant proposes to
put a 32 square foot addition (4 x 8 bay window) at the rear of the main house. Applicant has
received HDC approval for said renovation.
The Applicant also proposes to renovate the cottage by lifting the building to reconstruct the
foundation. The existing ground cover of the cottage will be reduced by approximately ten
square feet in order to cure the existing encroachment onto the neighbor to the southeast; the
cottage will also be moved toward Centre Street so that it will be in compliance with the rear
setback requirement of five feet. The cottage as proposed will continue to violate the sideline
setbacks as it is proposed to be sited with a zero setback from both side lot lines. Applicant has
received HDC approval for said renovation.
The subject property is nonconforming as to lot size, having approximately + 3,291 square feet
in a zoning district that requires a minimum lot size of 5,000 square feet; nonconforming as to
frontage, having only 30.11 feet of frontage in a zoning district that requires a minimum frontage
of 50 feet; nonconforming as to rear and side yard setback being sited as close as 4.3 feet from
the rear yard lot line and zero feet from the side lot lines in a zoning district that requires a rear
and side yard setback of five feet; and, nonconforming as to ground cover ratio having a ground
cover ratio of 55.36% in a zoning district with a maximum ground cover ratio of 50% (30% for
undersized lots).
In the alternative, Attorney Glidden informed the Board that 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) for the work proposed.
5. There was public comment from some abutters at the hearing. These comments
were focused on the timing of the renovation and that appropriate safety measures to be taken to
prevent injury to neighbor's children and grandchildren during the construction process. The
Board expressed concern regarding the siting of the cottage and the placement of the overhangs.
Accordingly, the Board and the abutters requested the Applicant to come back to the Board at the
April hearing with a revised plan showing the proposed relocation and measurements of the
structures.
6. Therefore, after a discussion with Counsel for the Applicant, the Board finds that
such a Special Permit may be granted to approve the alteration of the preexisting nonconforming
structure in order to lift the main house to repair and/or reconstruct the foundation, to put a 32
square foot addition at the rear of the main house, and to renovate and relocate the existing
cottage because the proposed alterations would not be substantially more detrimental to the
neighborhood than the existing nonconformities on the Locus.
7. Accordingly, by a unanimous vote of the sitting Board (Angelastro was not
present for the April 14th hearing), the Board of Appeals made the finding that the proposed
alteration to the preexisting nonconforming structure would not be substantially more
detrimental to the neighborhood than the existing nonconformity and allowed the proposed
alteration to the structure to be done in substantial conformity with the plan entitled "Proposed
Site Plan of Land in Nantucket, Mass" prepared by Charles W. Hart and Associates, Inc., dated
May 18, 2011, attached hereto as "Exhibit A" with the following conditions:
2
a. The renovation shall be done substantially in conformance with Historic District
Commission Certificate of Appropriateness Nos. 55975 and 55886;
b. No exterior construction to be performed between May 15t" and October 1St and
there shall be no work performed on Sundays during any year;
c. Applicant shall coordinate with neighbor to the northwest with regard to access
inasmuch as certain portions of the renovation require Applicant to be on the
neighbor's property while making the renovations to Applicant's building. In the
event said neighbor refuses to assent, Applicant may proceed with such
renovation pursuant to M.G.L.c. 266 § 120B; and,
d. A mono-pour slab shall be part of the construction methodology for the
renovations.
SIGNATURE PAGE TO FOLLOW
3
Dated: ~~' ~ , 2011
Edward 5.,~'oole
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MicP~ael J. O'Mara
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COMMONWEALTH OF MASSACHUSETTS
~~ ~ , 2011
Nantucket, SS
On the 1 day of ~~- , 2011, before me, the undersigned notary public,
personally appeared ~'~'~ ~• u'l ~"" ,one of the above-named members of the Zoning Board
of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding
document, and acknowledged that~i (she signed the foregoing instrument voluntarily for the purposes therein
expressed.
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CURRENT ZONING CLASSIFICATION:
Residential Old Historic (R-OH) EXISTING:
MINIMUM LOT SIZE: 5000 S.F. •3,29.1 t• S.F.•
MINIMUM FRONTAGE: 50 FT. .SEE.
SEE PLAN.
PLAN
FRONT YARD SETBACK: none •
.
SEE •
PLAN
REAR/SIDE SETBACK: 5 FT. •
.
SEE • •
PLAN
GROUND COVER ~ 50% •
, .
42.4.3-100
N/F
72 CENTER STREET REALTY TRUST
ACCESS EASEMENT
DEED BOOK 41 PAGE 119
PROPOSED
L. P. GAS TANKS
LESS THAN 120 GAL.
42.4.3-103
N/F
MARY G. WEST
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R'~ rVf~'t,a~
TIFY AS OF '. ~ ~~~'•~`~• ~ c • THAT
I CER
THE BUILDING(S) IS/ARE LOCATED THE
GRQI~iQi~ AS SHOWN HERE(, ~''~
PROFESSIONAL LANb ~RVEYOR
& Associates Inc.
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EDGE OF CONC. PAD
OFF LOCUS TO BE
ALTERED
42.4.3-102
N/F
EDWARD 1. & RANDALL C. WIGHT
PROPOSED
SITE PLAN
OF LAND IN
NANTUCKET, MASS.
SCALE: 1 "= 20' DATE: MAY 18, 201 1
Owner: . 70• CENTER• STREET •REALTY TRUST
Deed/Cert.: .398-1 •~. Plan: SKETCH • IN 38-1.55
Tax Map: 424.3-•101• Locus: .~. ~0 CENTER STREET
CHARLES W. HART a~,d ASSOCIATES, Inc.
Professional Land Surveyors
8 WILLIAMS LANE ~
NANTrJ~CKET, MASS. 02554
(508) 228-8910
FBK.: 72-2
-7377
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State below or attach a separate addendum of specific special permits or variance relief applying for:
The subject property consists of a main house and a cottage, both built before 1972. The
total ground cover of the existing buildings is 1,822 + s.f. (main house 1,223 and cottage
599) as shown by Zoning Board of Appeals Site Plan prepared by Charles W. Hart &
Associates, Inc., dated February 11, 2011, a copy of which is filed herewith as Exhibit A.
The subject property is located in the Residential Old Historic District, which provides for a
minimum lot size of 5,000 square feet, minimum frontage of 50 feet, front yard setback of
zero feet, rear/sideline setback of 5 feet, and a ground cover ratio of 30% (since the Lot is
pre-existing, nonconforming, and under 5,000 s.f.).
The subject property is nonconforming as to lot size as it has an area of 3,291+_ s.f.;
nonconforming as to frontage as it has frontage of 30.11 feet; nonconforming as to
rear/sideline setback, as shown on the plan attached hereto as Exhibit A; and nonconforming
as to ground cover ratio with a current ratio of 55.36%.
Applicant proposes to renovate the main house by lifting the building to re-construct the
foundation since the existing foundation is not structurally sound and is in need of repair.
Applicant proposes to put a 32 s.f addition (4x8 bay-window) at the rear of the main house.
The location of said addition as proposed will comply with the side and rear setbacks.. The
existing encroachments of the main house onto the neighbor to the southeast will continue in
their current location but will not be increased. Applicant has obtained approval from the
Historic Districts Commission for such proposed renovations to the main house (see
Certificate of Appropriateness No.'S~~ -attached hereto as Exhibit B with site plan
and elevations).
Applicant also proposes to renovate the cottage by lifting the building to re-construct the
foundation, as the foundation is also not structurally sound and is in need of repair. The
ground cover of the cottage will be reduced by approximately 10 s.f. in order to cure the
existing encroachment onto the neighbor to the southeast; the cottage will also be moved
toward Center Street so that it will be in compliance with the rear setback requirement of 5
feet. The cottage, as proposed, will continue to violate the sideline setbacks as it is proposed
to be sited with a zero setback from both side lot lines. Applicant has obtained approval
from the Historic Districts Commission for such proposed renovations to the cottage (see
Certificate of Appropriateness No. rj5 4~$(0 -attached hereto as Exhibit C with site plan
and elevations).
Applicant requests relief by Special Permit under By-law §139-33.A, for the alteration of the
existing main house and cottage, both of which are nonconforming as to ground cover and
side/rear setbacks, in accordance with the HDC approved plans attached hereto as Exhibits B
and C.
In the alternative, Applicant requests variance relief from the intensity regulations set forth in
the Nantucket Zoning By-Laws Section 139-16.
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
I certify that the information contained herein is substantially complete and true to the best of
my knowledge, under the pains and penalties of perjury.
SIGNATURE: Jessie M. ~idcj~n, Trustee Center Street Realty Trust C-wner*
By: / ~
Jessie N~Glidden, Trustee
Applicant/
OFFICE USE ONLY
Application received on:_/_/_ By: Complete: Need Copies:
Filed with Town Clerk:-/_/_ Planning Board:-/_/_ Building Dept.:_/_/_ By:_
Fee deposited with Town Treasurer:-/_/_ By:_ Waiver requested:
Granted:-/_/_ Hearing notice posted with Town Clerk:-/_/_ Mailed:-/_/_
I&M_/_/_ &_/_/^ Hearing(s) held on:_/_/_ Opened on :_/_/_
Continued to:_/_/_ Withdrawn:-/_/_ Decision Due By:_/_/_
Made:-/_/_ Filed w/Town Clerk:-/_/_ Mailed:-/_/_
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
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C/O BURSK EDWARD C JR & PATRICIA M CAMP ABIGAIL
20 RUSTIC STREET 27 LILY ST
NEWTON, MA 02458 NANTUCKET, MA 02554
4243
FOSTER GENE G
115 N WESTVIEW DR
WINSTON SALEM, NC 27104
~ 4243
MELHADO PETER & JILL
C/O WARREN RUSSELL F JR ETAL
I 1 FIELD POINT DRIVE
GREENWICH, CT 06830
4243
HANES ELDRIDGE C & JANE G &
FOSTER GENE G
P O BOX 125
PFAFFTOWN, NC 27040
4243
GODWIN SARA
C/O WELLS FARGO RE SERVICE
1 HOME CAMPUS
MAC X2502-011
DES MOINES, IA 50328
4243
WASSERMAN ANN MARCIA TR
NANTUCKET HOME NOM TRUST
PO BOX 456
NANTUCKET, MA 02554
4243
GLIDDEN RICHARD J TRST
JB76 REALTY TRUST
37 CENTER ST
NANTUCKET, MA 02554
4243
' WIGHT EDWARD I & RANDALL C
PO BOX 1311
NANTUCKET, MA 02554
4243
KING ROBERT S & CHERYL J
13309 MANORSTONE ROAD
GERMANTOWN, MD 20874
4243
SCHARWENKA V SUZANNE
38 S BOONE RD
ST HELENA ISLAND, SC 29920-3000
4243
ALTREUTERJOAN
5 ACADEMY LN
NANTUCKET, MA 02554
4243
ROGGEVEEN DIONIS MARIJKE
6334 3RD AVE
KENOSHA, WI 53143
4243
ROGGEVEEN DIRK GARDINER
P.O. BOX 1827
NANTUCKET, MA 02554
4243 4244
WEST MARY G & JOHN C BOWMAN BARBARA MAY TRUSTEE
35 LILY ST PO BOX 628
NANTUCKET, MA 02554 NANTUCKET, MA 02554
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