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Home My WebLink About026-11 Catfer Holdings, LLC TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, "MASSACHUSETTS 02554 -iz OJ> ~:z: -L_ ___. c-:' -=~ --~ "-.--", i rTi .. - - :D \ ~ APPLICATION ::c:- -0 ;:0 N ....... Fee: $300.00 ::;J: -0 N ~~, (,j File No.' l)I1I -11- Owners' names: Catfer Holdings, LLC Mailing address: c/o Capitol Services, Inc. 615 South Dupont Highway, Doverl Delaware 19907 Phone Number: 508-228-0771 E-Mail: Richard@gliddenandglidden.com Applicant's name Catfer Holdings, LLC Mailing Address Phone Number: 508-228-0771 E-Mail: Richard@gliddenandglidden.com Locus Address: 68 Hulbert Avenue Assessor's Map/Parcel: 29 Parce154 Plan and Lot Reference: Plan Book 2010-40 Lot A Zoning District Residential-1 Tide Reference: . Tjg:R. Deeds: Book 1242, Page 14 Uses on Lot- Commercial?: No If yes, describe Residential: Number of dwellings on lot One Number of dwelling units - One 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: None 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile "'''''1 "'. State below or attach a separate addendum of specific special pennits or variance relief applying for: Applicant seeks a special permit pursuant to CB 139-33 A.(5). Applicant's property contains a pre-existing garage which is only 4/10th of a foot from the side line in a district that requires a five foot side-line set back. Applicant proposes to construct a 2nd floor onto the garage with studio space on the 2nd floor. There will be no change in the footprint of the structure and the non-conforming distance will not be altered. Owner* I certify that the.information con . ed herein is substantially complete and true to the best of my knowledge, under the ains and penalties of perjury. SIGNATURE: By: RichardJ. Glidden, Attorney }..pplicant/ Attorney / Agetrt* 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Town Clerk:_/ _/ _ Mailed:_/ _/ _ I&M_/ _/ _ &_/ _/ _ Hearing(s) held on:_/ _/ _ Opened on :_/ _/_ Continued to:_/ _/ _ Withdrawn:_/ _/ _ Decision Due By:_/ _/ _ Made:_/ _/ _ Filed w /Town Clerk:_/ _/ _ Mailed:_/ _/_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone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 ,.- CURRENT ZotI/~ ClASSIFICATION: Resid<<Jtiol 1 (R-I) MINIMUM LOT SIZE: 5000 S.F. WNIMUM FRONT.4Gf: 50 FT. FRONT YARD SfTBACK: 10 FT. RfAR/SIDf SfTBACK: 5 FT. GROUND COVER % : JO % ~ 1.1,026 5.F.:f SEE PlAN SEE PlAN SEE PlAN 4.5% :f PROPOSED' 1.1,026 S.F.:f SEE PlAN SEE PlAN SEE PlAN 21.0% :t lIJJUS; LOCUS IS WITHIN LAND SUBJECT TO CG4STAL STORM FLOWAGE. LOCUS IS SE:RVff) BY MUNICIPAL WATf1\' AND SEWER SERV1CE. ... ,.... DDItJ1ES CtINCIIETE _ _ I1MJHOlE _ /IfM1IES _ __ /IfM1IES _ I'f'C _ DDItJ1ES 0III1I00R _ DDItJ1ES QlWD) IIIlm/EI) IlElIAMIFUO _ DENOJES EXIST. ED<< OF _ REFERENCE ORDER OF CONDmONS, FILE NO. SE48-2244 dhC8 . I-PR 0 lIDS IVWI4 . ,-.~ 29-5:$ ~ 29-55 ~ 29-54(POIfflON) ~ \ - ~- ""- -!!!'>',--... '- ......._~~ ".A',..---- -.............-...... ~'h ---........ --- $'" ---- --- <I~-J:tftr. --....... --...... "''450,1. .................... --- -~- -....... QiT.~~ - ...-..~ --- -.................... --- 29-85.2 N/F FDLBEImI .,............Site Plan of Land To Accompany A Zoning Board of Appeals Applica tion In Nantucket, Mass. Prepared for C~r'IR BOUINtJS, IJC Deed Bk 1242/143 Plan liJe 8010-40, Lot A ASSIlSSOR'S MAP 29, PARCIt 54 Scale: 1"= 30' March 6, 2011 BUCKDU ~ USfJCU.'nS. lno. ProJessional La.nd. SunJeyors 20 TEASDALE CIRCLE NANTUCKET, JlASS. 02554 508 228-9026 . 29-85 N/F FDLBEImI T:\KEN 21 JD8 511 V:\OfWIRLES\I7.Jl17\ZM.dw1 4/1/7Dt 1 3:21:45 PM EDT ~~v TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 .: Date: October 14, 2011 -: To: Parties in Interest and Others concerned with the Decisid3~ of The BOARD OF APPEALS in the Application of the following: Application No: 026-11 Owner/Applicant: CATFER HOLDINGS, LLC 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. S ;.~ C58~) ~~ 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 29, Parcel 54 68 Hulbert Avenue Plan Book 2010-40, Lot A Residential - 1 Book 1242, Page 14 nF~CTSTnN: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, June 9, 2011, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of CATFER HOLDINGS, LLC, c/o Capitol Services, Inc., 615 South Dupont Highway, Dover, DE 19907, File No. 026-11: 2. Applicant is 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 a second floor onto the garage with studio space on the second floor of the existing single-story garage. The existing garage is nonconforming being sited approximately 0.4 feet from the side yard setback in a zoning district that requires a five foot setback. The proposed alteration will not encroach any further into the setback than the existing structure. The Locus is situated at 68 Hulbert Avenue, is shown on Nantucket Tax Assessor's Map 29 as Parcel 54, is shown on Plan Book 2010-40 as Lot A, and title is recorded in Book 1242, Page 14. 3. Our decision is based upon the application and accompanying materials, representations, and testimony received at our public hearing. There was no Planning Board recommendation on the basis that no matters of planning concern were presented. There letters in opposition to the project on 1 file and testimony was received in opposition to the project during the hearing. 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) and (5) in order to construct a second floor onto the garage with studio space on the second floor of the existing single-story garage. The existing garage is nonconforming, being sited as close as 0.4 feet from the side yard setback in a zoning district that requires a five (5) foot side yard setback. The proposed alteration will not encroach any further into the setback than the existing structure as the nonconforming distance will not be altered. 5. Attorney Sarah F. Alger, representing five of the abutters, spoke against the application. Specifically, Attorney Alger expressed concern with the second story and the studio use and argued that the alteration and change in use is substantially more detrimental to the neighborhood than the existing nonconformity. 6. The Board expressed concerns with the studio use and requested that the studio use would not become a dwelling. Therefore, after a discussion with the Applicant and Counsel for the Applicant, the Board finds that such a Special Permit may be granted to allow the Applicant to alter the preexisting nonconforming structure and convert it to a studio use. 7. Accordingly, a motion was made, and duly seconded, to grant the requested relief to allow the Applicant to construct a second floor onto the garage with studio space on the second floor of the existing single-story garage with the following conditions: a. There shall be no shower in the studio or the garage; and, b. There shall be no exterior construction between Memorial Day and September 15th of any year. The vote was THREE in favor and TWO (Koseatac and McCarthy opposed) opposed. Therefore the requested relief does not pass for lack of the requisite four votes necessary to approve a 2 Special Permit pursuant to Nantucket Zoning Bylaw Section 139- 30.E. (3) . SIGNATURE PAGE TO FOLLOW Dated: ,2011 .--°'~ ~,,.- COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. ~~ ~ , 2011 On this I ~ , day of ~ ~~' , 2011, before me, the undersigned Notary Public, personally appeared ~/~ ,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 tha~/she signed it voluntarily for its stated purpose. Nota ublic: My commission expires: ?l!?~t~ K Ddl, ti3 tit,~~„u~n~iEUnM~p ~~~ ~'. G H;~~'~+~y 3~~ •'y ~` '' M y~~ } ~ ~~ ~~ _ ~Ii ~jr,. ~~t r. G`C;N',r lr... 1d h:+ ....