HomeMy WebLinkAbout045-11 Regan, JenniferTOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
Fee: $300.00 File No. ~~' ~
Owner's name(s): ~ennifer Regan
Mailing address: c/o Reade Gullicksen Hanley and Gifford LLP
Phone Number: 508-228-3128 E-Mail: SLC(a~readelaw.com
Applicant's name(s):
Mailing Address: 6 Youn s Wa Post Office Box 2669 Nantucket Mass. 02584
Phone Number: E-Mail:
Locus Address: 36 York Street Assessor's Map/Parcel: 55.4.1 -
103
Deed: Book 12541 Page 178 Plan.: _n/a Zoning District: _R-1
Uses on Lot- Commercial: None
Residential: Number of dwellings 2 Duplex~_ Apartments 0
Date of Structure(s): all pre-date 7/72 Yes or
Building Permit Numbers:
Previous Zoning Board Application Numbers: 71-04 (931 /334) and 81-07 11188/96)
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
JUN 232011
Specific special permits or variance relief applied for:
The pre-existing nonconforming one and a half story structure is on a lot 2,905+/-
SF in the Residential-1 zoning district, where 5,000 SF is the minimum requirement.
The structure has 859+/- SF of ground cover, or a ground cover ratio of 29.6% where
30% ground cover ratio is allowed for undersized lots. The structure is at close as
4.1+/- feet from the northerly/front lot line at its closest point and as close as 0.4+/-
feet from the west/side lot line at its closest point, where the minimum front yard
setback is 10 feet and the side yard setback is 5 feet. Further the lot has 36.63 feet of
frontage where a minimum of 50 feet is required. These nonconformities pre-exist
the 1972 adoption of the Nantucket Zoning By-law. The locus and structures thereon
are conforming in all other respects.
Applicants proposed to repair the structure and to replace a crawl space with a
basement under it, including under the portions encroaching into the side and front
yard setbacks. The proposed alterations and additions will be no closer to the lot lines
than the existing structure and will not extend or expand the current footprint within
the setback. The applicant also plans to make repairs to the portions inside and
outside the setbacks, as well as minor changes to the portion outside the setback,
without adding more ground cover. Moving the structure to alleviate the
encroachment is not practical and would eliminate the off-street parking currently
provided on the lot.
Accordingly, Applicants request relief by Special Permit under Nantucket Zoning
Bylaw Section 139-33.A for the alteration of the pre-existing nonconforming
structure where the change is not substantially more detrimental to the neighborhood
than the existing nonconformities.
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: Jennifer Re an, owner
By:
SIGNATURE:
Steven L. Cohen, her attorney
OFFICE USE ONLY
Application received on:_/-/- Bye 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
:.
sooK 9 31 PQG~~334
TOWN OF NANTUCKET
BOARD OF APPEALS.
NANTUCKET, MASSACHUSETTS 025.54
Date:. ~~~~ rZ.. 20v~
To: Parties in Interest and. Others concerned with the
Decision of .the BOARD OF APPEALS in the Application of the
following:
Application No.: C'J7~--~)
Owner/Applicant: ~~ 't.-- RC1(,t.1er ~ i
Enclosed is the Decision of the BOARD OF APPEALS w~iich has
this day been filed in the office of~the Nantucket Town
Clerk.
An Appeal from this Decision may be taken pursva~.t to
Section 17 of Chapter 40A, Massachusetts General Laws.
-_
;~<
~~~_
Any action appealing the Decision must be brought by
filing an complaint in court within TWENTY (20) days after
this days 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
{?~?) days.
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ct: Town Clerk
Planning Board
Building Commissioner
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME
LIMIT AND WILL EXPIRE IF NOT ACTED.UPON ACCORDING'TO NANTUCKET
ZONING BY-LAW $139-30I (SPECIAL PERMITS)i $139-32I (VARIANCES) .
ANY QUESTIONS PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
eooK ~ 3 ~. PboE4335
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
Assessors Map 55.4.1 36 York Street
Parce1103 Plan Book 22, Page 120
ltesrdential-1 Deed Ref. 218/260
At a Public Hearing of the Nantucket Zoning Board of Appeals, held at i :00 P.M.,
Friday, November 19, 2004, in the Conference Room, Town Annex Building, 37
Washington Street, Nantucket, Massachusetts, on the Application of the JUDITH F.
ROWE, 439 Shawmut Avenue, Apt. 4, Boston, MA 054, Board ofAppeals File No.
071-04, the Board made the following Decision:
1 • Applic~rrrt i$ sceldng reliof by SPECIAL PERII~QT under Nantucket Zoning By-
law Section 139-33A (altesation/expaa4ion ova pre-cxisting nonconforming
structtrreJuse). Applicant proposes to demolish and rebufid on approximately the same
footprint, sn about 162 SF portion of the existing rear el of her single-family dwelling in
order to increase the interior living space. The new addition would increase the existing
ground cover by about 49 SF for a total ground cover of about 869 SF, less than the
maximum ground cover akIowed on the Lot of 871.5 SF. The roof ridge would be raised
from about 13'2" feet to about 14'10" feet, but come no closer to the westerly side yard
bt line than the existing structrn~e. The Locus is nonconforming as to westerly side yard
setback with the stnuture being sited as close as about 0.6 feet from that lot lino, in a
district that requires a minimum side yard setback of five fleet; as to frost yard setback
with the stnucture being sited as rhea as about one foot from the front yard Iot line, with
the main body of the house being sited as close as about 4.4 feet, in a district that requires
a minimum front yard setback of ten feet; as to lot size with the Lot containing about
2,905 square feet of area in a district that requires a minimum lot size of 5,000 square
feet; as to frontage with the Lot contauing about 36.63 foot of frontage along York
Street, in a district that requires a minimum frontage of 50 feet; and as to parking with no
parking provided on site.
The Premises is located at 36 YORK STREET, Assessor's Map 55.4.1, Parcel
103, Plan Book 22, Page 120. The property is zoned Residential-1.
2. The Decision is based upon the Application and the materials submitted with it
and the testimony and evidence presented at the Hearing. The Planning Board made no
recommendation finding that the matter did not present any issues of planning concern.
There wore no letters on file in support or in opposition and no public comment at the
public hearing.
3. The Applicant, through her representative, stated that sloe was renovating the
existing structure, which consisted of a primary dwelling unit and an attached structure to
the rear that was npresemed to have served as a secondary dwclling in the past with
minimal kitchen facilities. As part of the overall renovation the Applicant would be
demolishing the rear el and taco rt substantially on the same footprint, no closer
to the westerly side yard lot line t~xisting el, and further away than the closest
point of the remaining portion of the structure. There would be an increase of ground
BooK 9 31 Pa~~033s
cover of about 49 square feet for a new ground cover total of about 869 square feet, less
than the maximum allowed for this lot of 871.5 square feet. The additional ground cover
would be added to the easterly side of the new addition and outside of the required five-
foot side yard setback area. Applicant stated that the structure was grandfathered as to
location and was clearly visible on the 1938 and 1957 aerials in the Town records in its
current location. As part of an overall renovation of the dwelling, the Applicant proposed
to expand and aher the height of the new addition compared to the current height,
increasing the roof ridge height from about 13'2" to about 14' 10". The minimal kitchen
facility would be removed and the structure would be used as studio space. The existing
bathroom would remain and be renovated. The Applicant had obtained Certificate of
Appropriateness No. 44,463 from the Nantucket Historic District Commission for the
proposed renovation, demolition and reconstruction. Applicant represented that the Lot
was grandfathered as to the Lack of parking as no parking had historically been provided
on site, which was verified by the aerials.
4. Based upon the foregoing, the Board finds that the alteration and expansion of the
dwelling, with the demolition, reconstruction and expansion of the rear el would be an
increase of the nonconformity within the setback area with the increase in height within
the westerly setback area and further finds that said increase and demolition and
reconstruction within said setback area would not be substantially more detrimental to the
neighborhood than the existing nonconformity and have little impact. In addition, the
Board finds that a grant of relief would be consistent with other similar relief granted to
other property owners in the neighborhood
5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested
SPECIAL PERMIT relief under Nantucket Zoning By-law Section 139-33A, to allow the
renovation, demolition and reconstruction as proposed, based upon the following
conditions:
a. The proposed alterations of the rear el of the struchn~e would be done in
substantial conformance with the Certificate of Appropriateness No. 44,463 issued by
the Narnucket Historic District Commission, as may be amended from time to time;
b. There shall be no further construction in the side yard setback area without
further relief from this Board;
c. The studio shall be for the personal use of the Applicant or successors-in-
title to the property and not rented separately;
d. The rear el shall not be used as a dwelling unit or used for human
habitation, without farther relief from this Board;
e. The existing kitchen facilities shall not replaced in the new addition
without further relief from this Board;
£ The maximum ground cover on the Lot shall be 871.5, which is the
crtti+ently allowed maximum ground cover for this Lot, with the new additional ground
cover to be constructed outside of the required setback areas;
g. The existing propane tanks that are currently located within the required
five-foot westerly side yard setback area shall be removed and relocated to a position so
as to conform with setback requirements; and
• BooK 9 31 Pa~E0337
h. The addition shall be located substantially as shown on the "Site Plan"
prepared for the Historic District Commission submission by Nathan B. McMullen, the
project's designer, a reduced copy of which is attached hereto and marked as Exhibit A.
.,
~~~
. O'Mara i
C. Richard Loftin
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"Y ~, ~ e" ~ ;'~~' ~ ~~ DEC 2 31084
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Nantucket County Received ~ Entered
Date: DEC 2 3 200 Time: l o :10~.}.r,
Attest: !""'""~•~ Register of Deeds
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End of
IAStrurctent
_ ~~~~,
„ ~i~i~s!~uA~i
TO'VyN OF NANT~.TCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Data: November 2 , 2007
To: Parties in Interest and.Others concerned with the Decision o f
the BOARD OF APPEALS in the
Application of the following: d
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Application No.: Lei oz ~~i.,
; ° ~ •`
• ~ .~°'?
Judith Rowe
Owner/Applicant: r^
~•~•~• ~.
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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 ],7
of Chapter 90A, 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
ceztified copy of the Decision must be given to the Town Clerk so
as to be received within such TWENTY (20} days.
' v~
Mi hae ~7. O'Mara, 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.
Bk: 01188 Pg: 97
ZONING BOARD OF APPEALS
2 FAIRGROUNDS ROAD
NANTUCKET, MASSACI~iUSETTS 02554
Decision: Modification Granted with Conditions
Map 55.4.1 36 York Street
1'areel 103 Plan Book 22, Page i20
Residential -1 Nantucket Registry of Deeds
Book 218, Page 260
At a public hearing of the Nantucket Board of Appeals held at 1:UU p.m., Friday,
October 19, 2007, in the Conference Room of the Town of Nantucket Building, 2
Fan•grounds Road, Nantucket, Massachusetts, on the Application of JUDITH ROWE,
C/O Vaughan, Dale and Hunter, P.C., POB 659, Nantucket, MA 02554, Board of
Appeals File No. 081-07, the BOARD made the following Decision:
(1) Applicant is seeking relief by MODIFICATION of a previously granted
Special Permit iu the Decision in BOA File No. 071-04 under Nantucket Zoning By-law
Section 139-33A (alteration/expansion of the pre-existing nonconforming structure/use},
that allowed the demolition and rebuild of a rear "el" of the existing two family structure
within the setback area as well an addition of 49 square feet of ground cover. The
previously granted special permit imposed conditions relative to the rear pre-existing
dwelling unit in the structure. Tliesc conditions limited the rear of the structure to contain
a studio not for human habitation and required the applicant to rcinove the kitchen in the
rear unit of the structw•e. The applicant seeks a modification of the previously granted
special permit to eliminate the conditions relative to the studio/rear dwelling unit and
allow the applicant to re-establish and maintain the previously existing second dwelling
unit in the rear "el" of the structure. In addztion the applicant is seeking to confirm the
grandfathered status of the parking on the locus or to the extent necessary request a
waiver of the Barking requirements set forth in Section 139-18 A (Off street parking
requirements) pursuant to Section 139-18 B (2) (Relief from parking requirements). The
Locus is nonconfomung as to lot size with the Lot containing about 2,905 square feet of
Bk: 01188 Pg: 98
lot area iz~ a district that requires a minimum of 5,000 square feet; as to frozat yard setback
with the structure being sited as close as about 4.4 feet from the lot line along York
Stz•eet; as to side yard setback with the same structure sited as close as about 4.6 feet from
the westerly side yard lot line, in a district that requires a minimum fiont yard setback of
ten (10) feet and a side yard setback of five (5) feet; and as to frontage with the Lot
having about 36.63 feet of frontage along York Street in a district that requires a
zniniznum frontage of 50 feet. The Locus is conforming as to rear yard setback and
ground cover. The Premises is located at 36 YORK STRTRT, Assessor's Map 55.4.1,
Parcel 103, and shown in Plan Book 22, Page I20 at the Nantucket Registry of Deeds.
The property is zoned Residential- ] .
(2) Our Decision is based upon the Application and accompanying matez•ials,
and representations and testimony received at our public: hearing. The Planning Hoard.
made no rewznmendation, as the matter did not present a~.zy issues of planning concern.
'There were no letters an file.
(3) Applicant, through counsel, represented that she intends to complete the
renovation of the structure but wishes to eliminate the studio unit in the stzucture and re-
establish the second dwelling unit on the property. The applicant's counsel represented
that the two dwelling units on the property have existed on the locus since n time prior to
the cnactznent of the Nantucket Zoning Hy-law and submitted an affidavit to that effect.
The applicant confirmed that the grandfathered status of the two dwelling units in the
structure zio longer exists due to the elimination of the rear dwelling unit by the
BOARD'S decision in BOA file nuiuber 071-04 recorded at the Nantucket Registry of
Deeds in Hook 931, Page 335. The applicant represented that she does not wish to re-
establish the graudfathered nature of the second dwelling unit on the property bu# simply
seeks to re-establish the rear of the structure as a habitable dwelling unit pursuant to the
Nantucket Zoning By-law.
The applicant also represented, through counsel, that the parking on the premises
is gzandfathered as confirmed by the previously granted Special Permit. In addition; the
applicant has always parked her vehicle on the street in front of the premises. One
neighbor voiced his opposition to the requested waiver of parking requirements and one
neighboz• voiced her support far such a waiver.
(4) Therefore, based upon the foregoing, the I30ARD finds that the proposed
MODJFJCATION of the Special Permit relief to allow the re-establishment of the second
dwelling unit in tlic rear of the structure, as proposed, will net be substantially more
detrimental to the neighborhood than the existing nonconformities. In addition, the
Board finds that granting a waiver of one of the two required parking spaces pursuant to
Section 139.18 A of the Hy-law is in harmony with the genera] purpose and intent of the
By-law and it would net be physically practical for the applicant to provide the required
two parking spaces.
Bk: 01188 Pg: 99
(5) Accordingly, by UNANIMOUS vote, the BOARD GRANTS the
requested MODIFICATION of the previous SPECIAL PERMIT No. 077 -04 to allow the
rear studio of the structure to be converted back to a second dwelling unit and GRANTS
the additional SPECIAL PERMIT under Nantucket Zoning By-Law Section 139-18(B)(2}
waiving the off street parking requirement for one of the two required spaces, based upon
the following conditions:
a) The existing and proposed alterations of the real' el of tl~e structure
will be completed in substantial conformance with the Certificate
of Appropriateness No. 44,4b3 issued by the Nantucket Historic
District Commission, as maybe amended front time to time (071-
04 condition);
b) There shall be no further construction in the side yard setback area
without further relief from this board (071-04 Condition};
c) The maximum Found cover on the Lot shall be 871.5 square feet,
which is the currently allowed maximum ground cover for this Lot,
with the new additional ground cover to be constructed outside of
the required setback areas (071-04 Condition);
d} 'The existing propane tanks that are currently located within the
required five foot westerly side yard setback area shall be removed
and relocated to a position so as to ciinform with the setback
requirements {072 -04 Condition);
e) To the extent the two dwelling units on the property are held in
separate ownership they sha13 be subject to the Nantucket Housing
Need Covenant Program set forth in the Nantucket Zoning By-Iaw
section 139-7; and
f} The applicant will provide on-site pazkiag for one vehicle•
3
Bk: 01188 Pg: 100
(ZBA 081-07)
Dated: November 1, 2007
~'
Mich 1 J. ara
Dale Warne
Brim Koseatac
COINMONW]CAL'IN OB' MASSACiIUSLT'I'S
Nantucket, SS
/ ~!~ (~i /~}~/t/ 1 , 2007
On the ~__ day of.~~~~, 2007, before me, the undersigned notary public,
personally appeared S„~~ILfX ~ ~~~G(~[ ~l~fiY _, one of the above-named members of
the Zoning Board of Appeals oFNantucket, M achusetts, personally known to me to be the
person whose name is signed on the preceding document, and acknowledged that he/she signed
the foregoing instrwuent voluntarily for the purposes therein expressed.
~~~
Notary Public
y~ t.E9UE ERIN woaosota
Notary Pubiic
assachusetf$
My Comnussion Expires My Commission 6cpires
aecember 22, 201 t
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[ CERTIFY ?HA? ?A DAYS HAVE ELAPSED AlF7'ER
THE D~CISiON WAS FILEb Ml THE 6FFICl/ OF THE
!"~' . ~'OWN~Cx#R~„ AND 3'HA? 1~0 APPEAL HAS SEEN
,: ~ *,r FILED, LlJ L LAWS 40A, 041I~
OWN CLERK
JUN 17 2009
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Town of Nantucket Web GIS -Printable Map
Town of Nantucket Web GIS
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55.•f.1
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55.d.1 201
0 = 20ft
I
Prop ID 55.4.1 103 'µ
Address 36 YORK ST ~
Owner ROWE JUDITH F
O NOT A LEGAL DOCUMENT
NANT
UCKET, MA 2554
Sale Date 09/17/1984 For general reference only: Important
Sale Price $145
000 t` caveats which must be considered when ~
'
, using this data are available from the
Book/Page 00218/ 260 ~ Nantucket GIS Coordinator.
LOt SIZe 0.07 f3CfeS Disclaimer The information displayed on this or
any other map produced by The Town of
Nantuckek is for reference purposes only. The
~ Town of Nantucket does not guarantee the
i accuracy of the data. Users are responsible For Town of Nantucket, Massachusetts
s determiNng the suitability for individual needs.
All information is from the Town of Nantucket ; Map Composed
Geographic Information Systern (GIS) database.
6/ 15/2011
a
Copyright 2005 Town of Nantucket, MA. All rights reserved. Developed by AppGeo
http://host.appgeo.com/nantucketma/PrintableMap.aspx?Preserve=Width&MapWidth=216... 6/ 15/2011
CURRENT ZONING CLASSIFICATION:
Residential 1 (R-1) Existing:
MINIMUM LOT SIZE: 5000 S.F. 2,905 S.F.t
MINIMUM FRONTAGE: 50 FT. SEE PLAN
FRONT YARD SETBACK: 10 FT. SEE PLAN
REAR/SIDE SETBACK: 5 FT. SEE PLAN
GROUND COVER % 30 % 29.6%
CONCRETE BOUND
BENCHMARK ELEV = 56.00
ASSUMED DATUM. jT~~
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4.1 ±, 1 ~~ T
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5.Of
6g. 6g ,
3.7±,
orn
1 1 /2 STY. 0 5+;
W.F. DWELLING
AREA = 859 S.F.±~
EDGE PAVEMENT
~ DIRT
DRIVEWAY
RIDGE ELEV = 70.87
0.4±'
55.4.1-50
55.4.1-102
N/F - N/F
HOWAR ^ DOUGLAS
CRAWL SPACE
ACCESS
0.7± ~ r PORCH
PLANK
FENCE
1 ~,6~,
22 64
55.4.1-49
N /F
HOWAR
THRESHOLD FIRST FLOOR
ELEV = 55.36
~ BULKHEAD _
RIDGE ELEV = 69.79 ,~i~ ~rs~~~..
\ ~/cj ~,1EFFF~CY L. ~\
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LI_AGK`d'/ELL ~,
`i~~a No. 35388 ~~
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n DENOTES CONCRETE BOUND WITH
DRILLHOLE FOUND
"o DENOTES WATER METER FOUND
BUILDING LOCATION PLAN
OF LAND IN
NANTUCKET, MASS.
SCALE: 1 "= 20' DATE: MAY 12, 2011
Oi/ld:'c011 1Q:J5 FAX 5US22S5630 REAPE GL'LLICK~E ~ 001
~~~~
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Town of Nantucket
Zoning Board of peals
LIST OF PARTIES IN NTEF.EST IN THE MATTER OF THE PETITION OF:
RECEIVED
BOARD OF ASSESSORS
JUN 14 2011
TOWN OF
NANTUCKET, MA
PROPERTXOI~~NER........~/J/7!~"'•• ~ ~~ ....... ......... .......
c!a Reade, Gullick~en, Hanley ~ Gifford, LLP
Iv1AILING AvDRESS., 6..Young'.s Way, Nantucke~,.,MA 02554
P]tOpERTY LOC,4.TTON... , .... ~.~~.~~~/„!~~... S~~ea`-" ............... .
.ASSESSOR MAP/PARCEL..............~5 ,~! . /..:-... ~~~ ... .......... . . .
SUBNiI'TTED BY.. Reade, Gull,icksen, Hanley & Gifford
5EE ATTACI-iED PAGES
] certify that the foregoing is a list of alt persons wh,o arc owners of abuttirl;
property, owners of land 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
t2)•
D J; ~ ASSESSOR'S OFFI E.
TO`'~N OF NAI*1TLyCKET
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Easy Peel Labels L~ a ® See Instruction Sheet ~ ~ ~~~~1f ®5160®
Use Avery® TEMPLA3'E 5160 ®Feed Paper for Easy Peel Feature ® .~
Patricia L. & Edward L. Boynton Roger Protois Charles W. Hart
14 W York Ln 13 Atlantic Ave 12 W York Ln
Nantucket, MA 02554 Nantucket, MA 02554 Nantucket, MA 02554
Frank G. & Jean S. Emerling
44 Punch Bowl Dr
Falmouth, MA 02540
Charlotte Louisa Maison
33 Upper Hollow RD
Stowe, VT 05672
Georgia Ann Snell
PO Box 297
Nantucket, MA 02554
Karen S. Gottlieb, Trustee
Nine Atlantic Ave Realty Trust
PO Box 2805
Nantucket, MA 02584
Louis E. & Maria-Luisa Roberts
85 Cedar Terr
Milton, MA 02186
Kenneth A. Deluze
& Mary Fernandes
Nantucket Trust
84 Liberty St
Weymouth, MA 02190
Michael F. & Ronna R. Galvin
11 W York Lane
Nantucket, MA 02554
Darian V. & Elizabeth M. Almodobar
4 Atlantic Av
Nantucket, MA 02554
Kathleen A. Conway
812 North President St
Jackson, MS 39202
Maria F. Pino, Trst
44 York Street Realty Trust
1 Keith Drive
Norton, MA 02766
Frank E. & Jodi W. Hill, Trs
Hill Nantucket Realty Trust
3 Avon St
Reading, MA 01867
Saul J. & Leslie L. Aron
39 Union Street
Nantucket, MA 02554
Ernest W. & Hanneke Campbell
5 W York Ln
Nantucket, MA 02554
Donald M. & Isabel C. Stewart Trst
5555 South Everett Ave Apt. 16
Chicago, IL 60637
Pamela E. Campbell
10934 Fury Lane
LaMesa, CA 91941
Paul & Giovanna LaPaglia Trs
LaPaglia Realty Trust
5 Atlantic Ave
Nantucket, MA 02554
Pauline F. Warner
PO Box 1842
Wilson, WY 83014
Nantucket Historical Assn
PO Box 1016
Nantucket, MA 02554
Lawrence K. Lema
1 Atlantic Av
Nantucket, MA 02554
Barbara T. Thomas
7 Atlantic Av
Nantucket, MA 02554
Shelby C. Campbell
3 W York Ln
Nantucket, MA 02554
Peter J. & Deborah H. Kahn
2 Goldleaf Court
Bethesda, MD 20817
Battle Road Company, Inc.
c/o Robert Matthews
270 Madison Av 16th FI
New York, NY 10016
Laurie A. Kaplan Trst
1633 35th Street, NW
Washington, DC 20007
Richard G. & Jeanne A. Campbell
40 York St
Nantucket, MA 02554
William J. Stone, II
42 Eighth St Apt. 4304
Charlestown, MA 02129
Donald H. Chapin Trst
West York St Trust
4755 N Tamiami Trail #150
Naples, FL 34103
Eticluettes fables a ~Sefer .~ Consultez la feuille vwv~r~.avery.com
Utilisez le gabarit AVERY® 5160® Sens de cf~argeo~ent d'instruction 1-800-GO-AVERY
ay Pee! Labels ~
5150 ®
® ~ ® See Instruction Sheet u
Feed Paper for Easy Peel Feature ~ ~~'~,~~'®5150®
7ElUIPLA7E
~,~ Avery
David & Lotte Meister Johannes M. & Kristin L. Frey Gregory & Heather Keltz
21 Mendota Ave 264 Laurel Rd PO Box 1191
Rye, NY 10580 New Canaan, CT 06840 Nantucket, MA 02554
Michael & Tara Vessels The Development Co., Inc. Martin T. & Mary Karen Lanigan
20 Wee Burn Lane 60 Monmouth Park Highway 11 Edward Court
Darien, CT 06820 West Longbranch, NJ 07764 Basking Ridge, NJ 07920
Stephen G. & Thomas & Mary Virtue Kirk A. & Barbara Ann Howard Museum of Afro American Histor
223 Beacon St., Unit 2 1019 Windlea Run 46 Joy St
Boston, MA 02116 Wilmington, NC 28409 Boston, MA 02114
Carvalho Investments Assc LP Deborah E. & C. Kimbrough Dilworth Nina S. & Stuart C. Reid
12 Parsons Ave 44 Pleasant St 38 % York Street
East Providence, RI 021914 Nantucket, MA 02554 Nantucket, MA 02554
The Development Company, Inc. John A. Keane Patricia A. Halsted, Trustee
60 Monmouth Park Highway 4 W Creek Rd Sunset Nominee Trust
Long Branch, NJ 07764 Nantucket, MA 02554 4 North Water Street
Nantucket, MA 02554
36 York Street
Map 55.4.1, Parcel 103
Set ~ of Two
Two pages
'Etiquettes fa~iles a paler ~-
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Steven L. Cohen
Reade, Gullicksen, Hanley & Gifford, LLP
PO Box 2669
Nantucket, MA 02584
Consultez to feuille www.avery.com
d'instruction 1-800-GO-AVEIt`I
~, , e~r~
9~
TOWN OF NANTUCKET
BOARD OF APPEALS - - -~
NANTUCKET, MASSACHUSETTS 02554 c
N
-~
Date: Auqust 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:
Owner/Applicant:
045-11
JENNIFER REGAN
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.
atn, ~. I e : " C ~D-J,
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 -103
36 York Street
Residential One (R-1)
Deed Ref. Book 12541 Page 178
nF~r~Tn~r•
1. The Nantucket Zoning Board of Appeals held a public hearing on July 14, 2011,
at the Public Safety Facility at 4 Fairgrounds Road, Nantucket, Massachusetts regarding the
application of Jennifer Regan, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box
2669, Nantucket, Massachusetts 02584, Board of Appeals File No. 045-11. The Board made the
following Decision.
2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw
Section 139-33.A.(4) and (5) (alteration of preexisting nonconforming structures) in order to
repair the structure and replace a crawl space with a basement beneath it, including under the
portions of the structure encroaching into the side and front yard setbacks. The proposed
alterations and additions will be no closer to the lot lines than the existing structure and will not
extend or expand the current footprint within the setback. The Applicant also proposes to make
repairs to the portions inside and outside the setbacks, as well as minor changes to the portion
outside the setback, without adding more ground cover. The Locus is nonconforming as to lot
size 2,905 + in the Residential - 1 zoning district, where 5,000 square feet is the minimum lot
size requirement. The structure is nonconforming as to setbacks, being sited as close as 4.1 feet
from the northerly/front yard lot line at its closest point and as close as 0.4 feet from the
westerly/side yard lot line in a zoning district where the minimum front yard setback is 10 feet
and the side yard setback is 5 feet. The Locus is also nonconforming as to frontage having
approximately 36.63 feet of frontage in a zoning district where a minimum frontage of 50 feet is
required. These nonconformities preexist the adoption of the Nantucket Zoning Bylaw. The
Locus is situated at 36 York Street, is shown on Nantucket Tax Assessor's Map 55.4.1 as Parcel
103, and title is recorded in the Nantucket County Registry of Deeds in Book 12541, Page 178.
The property is zoned Residential - 1.
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, as no matter of planning concern was presented. Oral and written
1
presentations were made by the Applicants' representative, and no opposition or concerns were
presented by the abutters or the public.
4. The Premises contains aone-and-a-half story structure on a lot that is 2,905+/- SF
in a zoning district where 5,000 SF is the minimum requirement. The structure has 859+/- SF of
ground cover, or a ground cover ratio of 29.6% where 30% ground cover ratio is allowed for
undersized lots. The structure is as close as 4.1+/- feet from the northerly/front lot line at its
closest point and as close as 0.4+/- feet from the west/side lot line at its closest point, where the
minimum front yard setback is 10 feet and the side yard setback is 5 feet. Further the lot has
about 36.63 feet of frontage where a minimum of 50 feet is required. These nonconformities
pre-exist the 1972 adoption of the Nantucket Zoning By-law. The locus and structures thereon
are conforming in all other respects.
5. Applicant proposed to repair the structure and to replace a crawl space with a basement
under it, including under the portions encroaching into the side and front yard setbacks. The
proposed alterations and additions will be no closer to the lot lines than the existing structure and
will not extend or expand the current footprint within the setback. The applicant also plans to
make other repairs and alterations to the portions inside and outside the setbacks, without adding
more ground cover or increasing the setback encroachment, so those changes do not require
relief. The Applicants stated that such pre-existing nonconformities are common in this area,
and that relief to install basements is commonly granted by the Board of Appeals in the R-1
zoning district.
6. Therefore, based upon the foregoing, the Board of Appeals finds that the proposed
alterations of the structure on the locus would constitute alterations to nonconforming structures
and uses within the setback area, requiring relief. The Board also finds that the alterations to the
structure would not create any new nonconformities or increase any setback encroachments, and
would not be substantially more detrimental to the neighborhood than the existing
nonconformities.
7. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested relief by
SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section 139-33(A) to allow
construction of a basement under the existing structure and make other repairs and alterations,
subject to the following conditions:
a. There shall be no exterior construction implementing the relief granted between the
Friday before Memorial Day and the Tuesday after Labor Day.
SIGNATURE PAGE TO FOLLOW
2
Dated: U ~ ~ ~ , 2011
COMMONWEALTH OF MASSACHUSETTS
Nantucket, SS. d ~ ~ , 2011
On this ll day of 1'1~1~ 2q1 Before me, the undersigned Notary Public,
personally appeared ~%«. tJd~yl~i ,
who is personally known to me, and who is the person whose name is signed on the preceding or
attached document, and who ac~b~J,ged to me that he signed it voluntarily for its stated
purpose.
Notary Pu ic. ~i~~ ~~
My commission expires: ~~~,~~~ ly
3
erim Koseatac
Michael Angelastro