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. Developed by AppGeo
Town of Nan uc e , ass----
http:ll host. appgeo. com /nantucketma/PrintableMap.aspx ?Preserve= Width &MapWidth =14... 10/12/2011
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Town of Nantucket
Zoning Board of Appeals
0
1 OCT I 1 2011 II
L
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER.......... . TVs'T
MAILINGADDRESS ........................................ ...............................
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
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OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Copy
Date: lUd U0,aQr- 3 20-04
Q
To: Parties in Interest and. 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�