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HomeMy WebLinkAbout 073-11 Craig M Lamb, Trustee of Unit 4 134 Main St Condo Nominee TrustFee: $300.00 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION File No. 1 �- a Owner's name(s): Craig Lamb Mailing address: 33 Lafayette Road Princeton, NY 08540 Phone Number: 609 - 921 -2446 E -Mail: j flcml @gmail . com Applicant's name(s): 'twig Perkins Inc. Mailing Address: PO Box 432 Nantucket, MA 02554 Phone Number: S08-228-3050 E -Mail: mail @twigperkins inc . com Locus Address: 41 Assessor's Map /Parcel: 37 Land Court Plan /Plan Book & Page /Plan File No.: Dd Bk . 9 0 7 Pg2 8 5 / Pl Bk . 2 0 Pg31 Deed Reference /Certificate of Title: 2011 -45 Zoning District R -Ox Uses on Lot- Commercial: None x Yes (describe) Residential: Number of dwellings '4 Duplex Apartments Date of Structure(s): all pre -date 7/72 or Building Permit Numbers: n/a for unit #4 Previous Zoning Board Application Numbers: - 04a -04' (before lot was condo' d) 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile Print For State below or attach a separate addendum of specific special permits or variance relief applying for: 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:. Owner* SIGNATURE: 4ZI–e [t. t RVVJ'�5 1 vu- , Applicant /Attorney /Agent* *If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency. 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: Grante& / / Hearing notice posted with Town Clerk:–/–/_ Mailed:_/ /_ I&M /—/— & / / Hearing(s) held on:—/—/ Opened on:—/—/ Continued to: / 'Filed Decision Due By:_ // Made:. / / Filed w /Town Clerk: / / Mailed:—/—/— ailed: / / 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile Town of Nantucket Web GIS - Printable Map Town of Nantucket Web GIS Page 1 of 1 w. Prop ID 41 37 ' e� Address 134 MAIN ST Owner GUAGLIANONE VICTOR F & NOT A LEGAL DOCUMENT STEINMAYER JANET L 7 NAWTHORNE RD For general reference only: Important OLD GREENWICH, CT caveats which must be considered when 6870 using this data are available from the Sale Date 08/12/2004 Nantucket GIS Coordinator. Stile Price $2,435,000 Disclaimer The information displayed on this or any other map produced by The Town of Book /Page 00907/0285 Nantucket is for reference purposes only. The LOt Site 0.44 acres Town of Nantucket does not guarantee the t k t M accuracy of the data. Users are responsible for determining the suitability for individual needs. All information is from the Town of Nantucket Map Composed Geographic Information System (GIS) database. 10/12/2011 Copyright 2005 Town of Nantucket, MA. All rights reserved. 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PROPERTY LOCATION........... ��� . ...`- ' t om... . ASSESSOR MAP/PARCEL....... (/ .V...7 .l..�... U..l ......................... . APPLICANT ........ ....a �. .................... SEE ATTACHED PAGES I certify that the foregoing is a list of persons who are owners of abutting 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, all as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 40A Section 139 -2 - 4 i -�, DATE I U ASSESSOR'S OFFICE Town of Nantucket I-� O N N N O N O W O U) c� A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A N N N N N N N N N N N N N N N N N N N N r H H Y r H Y Y H Y Y Y r Y H Y H H Y Y r Y Y Y Y Y W W W W W W W W W W W W W W W W W W W W 'l7 W W W W W W W W W W W W W W W W W W W W {p �o 0 to W W �o A A A A A A A A A A W A W m In N W W N W N W N 0 In A H H Y H H r H H Y A W W W r J m m m A W N W m J m N W N N N O Y N N N N N N H Y H r Y 0 m O J m A N N H O l0 m J m U1 cn r m J m U1 A W N H ct W N H W N Y r Ci O x� rr x y O3 WOO JR� °0 �ztynz0�Zw�A�"tlo[�yx7f °KyO �H�z�W-y�� e [ J m M -4 z m M a b1 tN» tHn [] O �Ml H 7dtl i�+ O C7 x 5y0 to 0 8 M 0 K ryzyl xy 2 + x z n O x k H to g m m Z1 4 jnq [1 k N z xUf v w y �C Z. �+ 4 t+ l7 (H' ?4 t4 C7 t7 m x N H .3 G O x z y 0 0 K t•1 z H ro cn y k r ° x cqM pay � n x x O �+ H h1 W O n � b7 n � ym g �tq3�, � O px H H 4 Z fA O ° �Og7 ti H n K1 °z H ):I [e1 yyz m° [+7 n y y t7 tom+ H W C7 x x t� m [�•1 9 r fA CJ H n [n H M C M t+ Cpl [1 O 5my0 r j [H� O b7 O OE vi �ij N 'o ?� x H a+ 4 7d 0 1, r r yU 7� O 77 m 1 :Do f r m'! x¢ y n C G ?� F 3 4 H t:j m a+ V4 H x1 [ 1 Ih fh- C. 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Others concerned vit�L_ the Decision of the BOARD OF APPEALS in the Applicatiolt of '!�e following: =a Application No.: I owner /Applicant : '�CL Jn.e_l _ i„ _ Ste. M GGi'er Lh& Enclosed is the Decision. of the BOARD OF APPEALS Aich has this day been filed in the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursu�..at 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 day yIss date.. Notice of the action with a copy of the. complaint and certified popy of the Decision must be given to the Town Clerk.so as jto be received within such TWENTY (20) days. �+C° vv2✓1S� Cha�•rman cc: Town Clerk Planning Board Building Commisoionex -a 3 PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF; NOT ACTED UPON ACCORDING "TO NANTUCKET ZONING BY -LAW 0139 -301 (SPECIAL PERMITS); §139 --32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. NANTUCKET ZONING BOARD OF APPEALS I East Chestnut Street Nantucket, Massachusetts 02554 134 Main Street, Nantucket Assessor's Map 41, Parcel 37 Residential -Old Historic L 4P� Plan Book 20, page 31 Deed Book 907, page 285 1. At public hearings of the Nantucket Zoning Board of Appeals, originally noticed and opened on Oriday, August 13, 2004, and continued to re- notice to September 10, 2004, at 1:00 P.M., in the Conference Room in the Town Annex Building, 37 WasUngton Street, Nantucket, Massachusetts, the Board made the following Decision on the Application (048 -04) of JANET L. STEIN LAYER AND VICTOR F. GUAGLIANONE, (PORMERLY NOTICED UNDER LESLIE A. JOHNSTON), of 7 Nawthorne Road, Old Greenwich CT 06870, in connection with property known as 134 Main Street; Nantucket Massachusetts. 2. Applicants are seeking relief by SPECIAL PERMIT' under Nantucket Zoning By -law Section 139 -33A (alteration/ extension of a preexisting nonconforming structure /use). Applicants propose to alter two of the three structures on the property. Applicants plan to renovate the primary structure by converting the two - family home into one main dwelling unit and move the apartment into the barn /workshop building or new building to the rear of the Lot; on a lot that contains three dwelling units in a district that allows a maximum of two dwellings units on one lot. Should the Applicants be unable to alter the barn structure to acconnmbdate the relocated dwelling unit they are also asking to be able to demolish the barn structure and reconstruct a new cottage. In any case, the barn would be moved so as to comply with side and rear yard setback. requirem,eants and any new structure constructed in its place would fully comply with setback requirements. As part of the proposed alterations to the barn the ground cover may be expanded as well, with the Lot containing a current ground cover ratio subs tially lower timn the maximum of 50% allowed. Applicants also propose expand the primary structure by constructing a conforming addition to expand the living space by about 900 square feet of ground cover and moving it so it would be centered on the Lot, at about 15 feet from the easterly side yard lot line and about 16 feet from the westerly side yard lot line. In addition and to the extent necessary, Applicants are also seeking relief by SPECIAL PERMIT under Section 139 -33A to validate a conforming addition constructed on the cottage in 1981 without benefit of relief 0 from this B=d. No further alterations of this separate cottage are proposed under this Application. All required parking spaces would continue to be provided on site. The Locus is conforming in all respects to the requirements of the Zoning By -law, other than as to use (with three dwelling units on the site) and setback requirements, with the barn (sited as close as about 0.73 feet from the westerly side yard lot line in a district that requires a minimum of five feet). The Premises is located at 1134 Main Street, Assessor's Map 41, Parcel 37, Plan Book 20, page 31. The property is zoned Residential -Old Historic. 3. Our Decision is based upon the Application and accompanying materials, photographs, affidavits; representations and testimony received at our public hearings. The Planning Board made no recommendation finding that the Application did not present issues of planning concern. One abutter to the rear spoke against the Application at the initial hearing, expressing concern as to whether three dwelling units had ±existed on the property since prior to zoning. 4. In response to concern expressed at the initial hearing about the validity of the three dwelling units on the Lott' the Applicants submitted five affidavits from members of the community familiar with the Premises, as well as information from the 1972 Nantucket Street Last of Voters and telephone book, to established that three dwelling units had existed on this property continuously since a time prior to adoption of the Zoning By -law in 1972. Several of the Board members visited the property between the. two hearings to confirm the existence of three dwelling units. Having reviewed this information and hearing no contradictory evidence from any source, the Board finds that the use of this property for three dwellings is a validly grandfathered, non - conforming use. 5. The existing improvements were shown on the property on the "Building Location Plan" dated August 9, 2004, prepared by Blackwell and Associates, Inc., a reduced copy of which is attached hereto as Exhibit A. The primary building closest to Main Street contained two dwelling units (referred to herein as the "Main Building "). The barn was shown in the southwesterly corner of the property (referred to herein as the "Barn), to be sited as close as about 0.73 feet from the westerly side yard lot line and at about 3.56 feet front the southerly rear yard lot line, according to Exhibit A. In the southeasterly corner of the property a separate structure containing the third dwelling (referred to herein as the "Cottage ") was shown to be conforming as to setback requirements, which building was expanded in 1981 without benefit if Special Permit relief from this Board. The;newer addition to the Cottage conformed in all respects to the setback and ground cover requirements of zm tg By -law. However, because it enlarges one of three dwelling units on the lot, 1981 addition to the Cottage should have been permitted by Special Permit No changes were proposed for the Cottage or the adjacent 400 square -foot ancillary structure as part of the project for which relief was request. The Premises 2 consisted of an oversized lot (containing about 19,072 square feet of area in a district that required lots to have a minimum area of 5,000 square feet) with an existing ground cover ratio of 20.8 +% according to Exhibit A. 6. Applicants, through counsel, stated that they proposed to renovate the Main Building into a single - family dwelling and move one of the dwelling units currently existing within the Main Building to the Barn. While the plans for the renovation of the Main Building had not yet been approved by the Historic District Commission, ( "HDC'), the Applicants proposed to relocate it so as to be more centered within the property lines and to expand the footprint. While the siting and size of the renovated Main Building would be determined by the HDC permitting process, the Applicants had agreed not to expand the footprint of the Main Building to more than 2700 square feet of ground cover and to move the Main Building no closer to the westerly property line than approximately 16 feet The dwelling unit being removed from the Main Building would be relocated to the Barn as a part of the renovation or reconstruction of that building. The existing nonconformities of the Barn as to side yard setback would be cured;as a result of this project. Again, the HDC permitting process for the results i structure would determine its final size and location, the Applicants had agreed not to expand the footprint of the Barn once converted to use as a single- faniilk dwelling and renovated or reconstructed to a ground cover in excess of 1, 700 square feet and a ridge height of no higher than 18'feet These design constraints would ensure that the structures on the site retained their existing architectural relationship to each outer by continuing to have the Main Building be the principal structure on the property with the rear buildings more of a secondary, nature architecturally. While the three dwelling units on the property would contain more floor area and be separated into three distinct buildings, the Board finds that; with these limitations given the oversized nature of the lot and because the nonconforming siting of the Barn within the setback would be cured, neither the proposed changes to the Main Building or the Barn nor the 1981 addition to the Cottage axe or would be substantially more detrimental to the neighborhood than the validly pre - existing nonconforming uses and improvements. 7. In the event the Applicants proceeded to renovate one building at a time, the commencement of construction of any portion of the project described herein shall constitute a use of this Special Permit. 8. Accordingly, the Board of Appeals voted. UNA..NIMOUSLY to grant the requested SPECIAL PERMIT under Nantucket Zoning By -law Section 139-33A to allow the relocation of the third dwelling unit to the Barn (or its replacement structure) as it is renovated, relocated and expanded), relocation and expansion of the Main Building on the property as it is renovated into a single - family structure, and to validate the 1981 expansion of the Cottage, on the following conditions: 3 (a) The Main Building sha11 not exceed a maximum ground cover of 2,700 square feet and shaU be sited no closex than approximately 16 feet from the westerly property line; (b) The Barn, as renovated or reconstructed into a single- family dwelling and relocated on the Premises, shall cc nform to all setback requirement, shall not exceed a maximum ground cover of 1,700 square feet and shall have a ntaximurn ridge height of 18 feet above grade; (c) The maximum total ground cover on the premises shall be a maximum of 5,540 square feet (29.196) without further relief from this Board; and (d) There shall be no exterior construction in connection with this project permitted by this relief between June 15th and September 15th of any year. DatedA,bP,� 2004 DEC 0 6 2004 , dwaro 9/1 TTM DEMON %As &=D :N TdE oF= or To Edward j IV" . AND THAT NO Ai VAL HAS � R= PI*S LAWi IM QM& IAV5 40k 9C":U . L_ • 4 'r Edward Murphy C%' ATTEST: A TRUE COPY NANTUCKET TOWN CLERK I--f \" CURRENT ZONING CLASSIFICATION: (R --OH) E)O,"NC: Residential Old Historic MINIMUM. LQT $iZE 5000 S.F. FT. 5� E LAN MINIMUM FRONTAGE: no FRONT YARD SMSACK: none 6 Ft NON SEE � REAR /SIDE Si:�CK1 . 'GROUND Ca4ER % 50% • MA/N s at -577 441 4 R05EMT w�A1tTNA 11.176 JAMES �DPACE 0. 44 -'521 RD &YALE m Il -ai j P 1 R 1/,2 STY' ( .,..rIF 34 _L.12, RIGHT OF WAY 1 4N /r LINDA 8. WATM 7& pL. 6R. 17 PC.. 43 r ^8' RIGHT OF WAY 41- 44,1/"2 LINDA 8. WAITS -M WOOD - s1>1uc/F�i>F � fa�ffl*r* AY yo1DOW At I STY 41 -43 1�1 CC E G 1" STETS 41-38 SNAROj IAPPSN -U& sm 41 -42.1 N41L2/42-3 JAMES Tom,- 4 WARY A. BUILDING r c �A'TION PLAN o NANTUCKET, MASS. So" 1■w4(l• DATE: AUGUST 9. 2004 Ormer 1,.i:SLI�, A.,.JOHNST4?�. PG:. Deed: �K.620 PC; �C47. plan: BK: 20 134 MAIN STREET, , . , ..... . Locus . BLACK"LL alzd ASSOCIATES, PriC. profassiorlaL Land Sury�yors 20 TEASAALE CIRCLE 54 3% (608) Z28 - NAHrucX 3'T, jaSS. ASSESSOR MAP; .. J1. , . PARCEL.: 8026 3 6 Am VIT Date: January 6, 2012 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 073 -11 Owner /Applicant: CRAIG M. LAMB, TRUSTEE OF UNIT 4 134 MAIN STREET CONDO NOMINEE 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. Z/ 5. 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 41, Parcel 37 134 Main Street, Unit #4 Residential Old Historic DECISION: Plan Book 20, Page 31 Deed Book 1209, Page 293 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, November 10, 2011 and Thursday, December 8, 2011, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of CRAIG M. LAMB, TRUSTEE OF UNIT 4 - 134 MAIN STREET CONDO NOMINEE TRUST, 33 Lafayette Road, Princeton, NJ 08540, File No. 073 -11: 2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139 -33.A. (4) and (5) (alteration of preexisting nonconforming structure) in order to alter the pre- existing nonconforming single family dwelling without increasing the nonconforming nature of the structure. The Locus and the structures thereon are conforming as to the intensity regulations of the zoning bylaw. The Locus is nonconforming as to the number of dwellings, having four dwellings on a Locus when only two (2) are allowed under the Bylaw. The Locus is situated at 134 Main Street, is shown on Nantucket Tax Assessor's Map 41 as Parcel 37, is shown on Plan Book 20, Page 31, and is recorded in the Nantucket County Registry of Deeds in Book 1209, Page 293. The property is zoned Residential Old Historic. 3. Our decision is based upon the accompanying materials, representations, and t at our public hearing. There was no recommendation on the basis that no matters of were presented. There were no letters in opposition to the Application. application and estimony received Planning Board planning concern favor of or in 4. Eric Larson represented the applicant at the hearing. Mr. Larson explained to the Board that the Applicant is requesting Special Permit relief pursuant to Nantucket Zoning 11 Bylaw Section 139- 33.A.(4) and (5) in order to alter the preexisting nonconforming single - family dwelling without increasing the nonconforming nature of the structure. The Applicant is proposing to construct an addition to the rear of the structure that will be outside all setbacks and will be within the allowable ground cover ratio on the Locus. Mr. Larson further explained that the Locus is nonconforming as to the number of dwellings, having three dwellings on the Locus when only two (2) are allowed under the Bylaw. The structures are otherwise conforming to the intensity regulations of the Zoning Bylaw. It was determined by the Zoning Enforcement Officer that in the text of the previously granted Special Permit on the Locus (Decision No. 048 -04), the then Board determined that the Applicant should have applied for a Special Permit to alter the structures upon the Locus because the Locus is nonconforming as to number of dwellings on the Locus. Even though is arguable the nonconformity is not increasing because there are no bedrooms or additional bedrooms being added, the Zoning Enforcement Officer thought it prudent for the Applicant to apply for Special Permit relief. There was some discussion at the November 10th hearing as to the number of dwellings on the Locus and the matter was continued to December 8th hearing to clarify this issue. At the December 8th hearing it was confirmed that although there are four units in the condominium, only three of these are dwelling units. 5. Therefore, after a discussion with the agent for the Applicant, the Board finds that such a Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(4) and (5) in order to alter the preexisting nonconforming single- family dwelling without increasing the nonconforming nature of the structure would not be any more detrimental to the neighborhood than the existing nonconformity and would be in harmony with the general purpose and intent of the Zoning Bylaw. 6. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board of Appeals made the finding that such a Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A.4) and (5) in order to alter the preexisting nonconforming single - family dwelling without increasing the nonconforming nature of the structure would not be any more detrimental to the neighborhood than the existing nonconformity and would be in harmony with the general purpose and intent of the Zoning Bylaw. subject to the following conditions: 2 a. The renovation shall be done substantially in conformance with Historic Districts Commission Certificates of Appropriateness No.56,942, as the same may be amended from time to time; and, b. There shall be no exterior construction between May 15th and September 15th of any year. SIGNATURE PAGE TO FOLLOW 3 Dated: V -1 U (Z. Lisa Bottidelli Frl� K sea c Aft- Poor Sus ib,4�arthy COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. 2fti On this � dpy of , 2944 -, before me, the undersigned Notary Public, personally appeared f to 111 �j , 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 & /she signed it voluntarily for its stated purpose. Notary . 1`ic: S' My ommission expires: ? /illu (� w C�