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HomeMy WebLinkAbout081-11 HILLYARD R. DANFORTH & ELIZABETH D. HURST as Trustees of the ELIZABETH W. DANFORTH 2011 TRUSTsue - TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET9 MA 02554 Fee: $300.00 Owner's name(s) APPLICATION File No. Db I -11 HILLYARD R. DANFORTH and ELIZABETH D. HURST, as Trustees of the ELIZABETH W. DANFORTH 2011 TRUST Mailing address: c/o Reade, Gullicksen, Hanley & Gifford, LLP 6 Young's Way, Post Office Box 2669, Nantucket, Massachusetts 02584 Phone Number: 508- 228 -3128 E -Mail: air @readelaw.com Applicant's name(s): Same Mailing Address: Same Phone Number: Same E -Mail: Same Locus Address: 10 King Street, Siaseonset Assessor's Map /Parcel: 73.4.2 -12 /Plan Book & Page /P4a Lea. 23 -54 Deed Reference /Certe af T�ae: Book 1291, Page 281 Zoning District SR -1 Uses on Lot- Commercial: None Yes (describe) Residential: Number of dwellings' 2 Duplex Apartments Date of Structure(s): all pre -date 7/72 See addendum. or Building Permit Numbers: 235- 75;1402 -80; 51 -04 Previous Zoning Board Application Numbers: 020 -75 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: See attached addendum. 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: H.illyar R. Danforth & Elizabeth D. Hurst, Trs. Owner* By: SIGNATURE: f Applieft /Attorney /Agent Ar ur I. Reade, Jr. 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posted with Town Clerk: –/–/— Mailed:--/—/— I&M_/_/_ &_ /_/_ Hearing(s) held on:_ /_ /_ Opened on Continued to:_/_f _ Withdrawn:_/_ /_ Decision Due By:—/—/— Made:_/_ /_ Filed w /Town Clerk-__/_/— Mailed:_/_ /_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile ADDENDUM TO APPLICATION OF HILLYARD R. DANFORTH AND ELIZABETH D. HURST, TRUSTEES The subject property consists of a lot containing about 8,330 square feet, as shown upon the record plan dated October. 21, 1985, recorded in Plan Book 23, Page 54. The lot is improved with a dwelling containing 1,148 square feet in ground cover (the "Main Dwelling "), and a dwelling containing 1,280 square feet in ground cover, to the rear of the lot (the "Cottage "). Prior to the adoption of the Nantucket Zoning By -law in 1972, the improvements upon the locus consisted of the Main Dwelling; a building in the southeasterly corner of the locus containing a dwelling unit, which now constitutes the easterly wing of the Cottage; a building in the southwesterly corner of the locus containing two bedrooms, which now constitutes the westerly wing of the Cottage, and a scallop shanty at the rear of the lot between these two buildings. In 1975, the then -owner of the locus, Victor Reed, demolished the scallop shanty and proposed to build a replacement structure. The building permit was apparently denied on the basis that this would exceed the ground cover requirement; Reed was apparently under the impression that the lot area was only 7,500 square feet. Accordingly, he applied to the Board of Appeals for relief by variance to permit the reconstruction of the scallop shanty, and the relief was granted in File No. 020 -75, with the provision that the premises would contain no living facilities, nor any plumbing other than as necessary for a scallop shanty. In fact, this relief was unnecessary, as the lot area was in fact about 8,300 square feet; a current plot plan by On- Island Land Survey Co, Inc., dated October 26, 2011, shows lot area at 8,317 square feet, with the existing structures in total having a ground cover ratio of 29.20, with 300 being the maximum permitted under the Zoning By -law. In fact, after receiving the variance relief in File No. 020 -75, Reed obtained Building Permit No. 235 -75, for an "Addition to Accessory Buildings to Rear of Lot ". According to affidavits in the Building Department files, Reed in fact constructed the connector in the location of the former scallop shanty, with the easterly and westerly structures continuing to be used as living quarters and, as a result of the connecting structure, comprising the Cottage as a single dwelling unit (and thus removing the pre- existing nonconformity of having three residential structures upon the lot. There was at that time no requirement for Planning Board approval of a secondary dwelling, and in fact the southeasterly structure 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile constituted a secondary dwelling prior to the adoption of zoning, under any definition. The effect of combining the pre- existing structures with the connector as a single dwelling was to result in a nonconformity with the present zoning requirement under By -law §139 -2 (Definition of Secondary Dwelling) that there be a 20% differential in ground cover between primary and secondary dwellings. Under that definition, the Cottage, having more ground cover than the Main Dwelling, is technically the "primary dwelling ". Thus, the differential between the ground cover of 1,280 square feet for the Cottage and 1,148 square feet for the Main Dwelling is about 10.3% and thus less than the required minimum differential of 20 %. However, at the time the structures were connected to constitute a single dwelling, the 20% differential requirement had not yet been adopted. The locus is also nonconforming as to minimum side and rear yard setback requirements, all of which in this Sconset Residential -1 zoning district are 5 feet. This includes rear yard setback of the Cottage, which is 1.0 foot at the closest point (a portion of the easterly wing which pre- exists zoning) , easterly side yard setback of the Cottage of 2.0 feet at the closest point (also a portion of the easterly wing which pre - exists zoning), and westerly side yard setback of the Cottage of 3.0 feet at the closest point (a portion of the westerly wing which pre- exists zoning). The deck of the Main House is also sited 4.4.feet from the westerly lot line. There were, however, no side or rear yard setbacks under the By -law until 1973, at which time the minimum setback became 3 feet in all districts. Building Permit No. 235 -75 has never been closed out, and it is likely that it will be necessary to perform reconstruction work upon its foundation in order to conform to building code requirements. The roof of the easterly wing of the Cottage was in need of replacement in 2004, and the parents (who recently died) of the present owners obtained Building Permit 51 -04 to replace it and perform certain alterations; the application referenced the structure as a secondary dwelling, the work was duly performed, and the building permit card has been closed out and is on file at the Building Department. In order to ratify and confirm the present conditions upon the locus, and to enable the issuance of a new building permit as the same may be necessary in order to correct the existing condition of the connector structure and obtain a Certificate of Occupancy for the Cottage, the applicants request the following relief, in each instance to the extent necessary: 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508- 228 -7298 facsimile (a) Special_ _Permit relief_ under By-law- _§139-33.A,___ the__ alteration of the pre- existing nonconforming structures which constitute parts of the Cottage by conversion to use as a single dwelling, including the incorporation of the connector structure into the dwelling use, with regard to the nonconformities in side and rear yard setbacks and lack of minimum differential in ground cover between primary and secondary dwellings. (b) Special Permit relief under §139 -33.A, to allow such alteration of the connector structure (validly constructed and complying with setback requirements as in effect when it was constructed), to allow such alterations within its existing footprint as are necessary to comply with applicable building code requirements to enable the issuance of a new building permit for such alteration and ultimate issuance of a Certificate of Occupancy for the Cottage. (c) Variance relief, in the alternative, from setback requirements and the ground cover differential requirement, in order to validate the structures now existing upon the locus and their uses as primary and secondary dwellings in their present locations and as they may be altered in their present footprints in order to comply with Building Code requirements. 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Young, Jr. etal Trs Eight King Street Nom Tr PO Box 342 Siasconset, MA 02564 Brian Cheswick 42 Mountain Side Dr Wayne, NJ 07470 Jaqueline C. Moss 6 Elderwood Drive Toronto, Ontar MSP1W5 Sconset Holdings, LLC 65 Commercial Whf East # 2 Boston, MA 02110 Donald W. & Kathryn J. Heyda Mary Emma H. Ward 378 Davis Road 10 George St Bedford, MA 01730 Riverside, CT 06878 John A. & Helen B. Reindel Robin & Jay M. Hammer PO Box 395 5219 Oakland Rd Siasconset, MA 02564 Chevy Chase, MD 20815 Irene M. Armington C. Richard & Constance B. Tevebaugh 239 E 79" St 7 Penrhyn Road New York, NY 10075 Woodbridge, CT 06525 Arthur J. Wullschleger Jr. Jock Duncan Lawrason & Carol Wullschleger 43 River Bend Dr 11872 South East Village Woodbury, CT 06798 Tequesta, FL 33469 John E. Lacouture, Jr., etal Deborah C. Belichick 1152 South Kings Drive 116 Meadow Brook Rd Charlotte, NC 28210 Weston, MA 02498 �tTq u-ttes faciles A peler A AYERY@) 5160 Secs de chargernent 73. 61zeEiCss7 rm ty�26�at1i_ 1 James 0. Giffen, Jr. & Roberta Giffen 201 Lake View Ave Cambridge, MA 02138 Mark & C. Peter Fredland PO Box 145 Siasconset, MA 02564 Town of Nantucket 16 Broad St Nantucket, MA 02554 Arthur J. Wullschleger, Jr. & Car 11872 S.E. Village Drive Tequesta, FL 33469 -1730 Dalton Gustafson Trst c/o Choate, Hall & Stewart 2 International Place Boston, MA 02110 Rhoda H. Weinman & Joseph J. McLaughlin PO Box 1365 Nantucket, MA 02554 Diane I. De Loes Petty 15, Ch. Louis- Degallier 1290 Versoix Switzerland Ward M. Woodhead, Trustee Ward M. Woodhead 1981 Trust 341 Rosewood Ave Winnetka, IL 60093 Virginia G. Chambers Tr 5225 Lake Village Dr Sarasota, FL 34235 Consulte7z la leuille V~'V.avery.com d'instructim 1-800-Go-.AVERY Easy Peel Labels !� see Inssruct;on Sheet ° � � ���� '� ©S��a® Use ��ver+i® TEMPLATE 515 ©a Feed Paper for Easy Peel Feature�L � � 3 i Tredick Rt & Robin K. Gorham Sarah F. Alger, Trustee Caroline O'Connell Trst 700 Huron Av Apt. 19F c/o The Chanticleer Caroline O'Connell Rev Trust Cambridge, MA 02138 PO Box-7308 - _ __ - - PO Box- 770 Siasconset, MA 02564 Siasconset, MA 02554 Caroline O'Connell Trst Caroline O'Connell Rev Trust 101 Whispering Sands Dr Sarasota, FL 34242 Carl Peter Fredland, etal Trs Fredland Family Realty Trust Po Box 145 Siasconset, MA 02564 Katherine M. Cuddy, Trst Katherine M. Cuddy Qlfd Per Res Trst 6060 Pelican Bay Blvd B -304 Naples, FL 33963 Tracy W. & M. Susan Root 3310 W Crown Pointe Blvd Naples, FL 34112 Gregory T. Garland, Trst etal 133 Hollis Street Sherborn, MA 01770 William H. Cripsin & Maureen Mahoney 324 Mansion Drive Alexandria, VA 22302 Siasconset Casino Association PO Box 315 Siasconset, MA 02564 Linda L. Morgan c/o John Friedline PMB 412 1270 Caroline St Ste D12 Atlanta, GA 30307 Sconset Casino Assoc Inc. PO Box 315 Nantucket, MA 02554 22 King Street LLC 200 Riverside Blvd Apt 39B New York, NY 10069 Blue Haven Development, LLC 3650 Upton St NW Washington, DC 20008 J. Roderick B. & Maria Peacock PO Box 851 Siasconset, MA 02564 10 King Street, Sconset Map 73.4.2 - Parcel 12 Two pages Set L of Two Elizabeth Hood Phillips 3900A Watson Place NW #7H Washington, DC 20016 -5416 Bryon J. & Marie H. Brown, Trs Brown Nominee Trust 5450 Vesper Av #6435 Sherman Oaks, CA 91411 Siasconset Casino Association PO Box 315 Siasconset, MA 02564 Eugene M. Kangley, Tr Kangley Realty Trust 2104 NE 67`h Street Ft. Lauderdale, FL 33308 Paul H. McDonnell eta[ 28 Lost Mine Place Ridgefield, CT 06877 William S. & Deborah Belichick 116 Meadow Brook Rd Weston, MA 02498 Arthur 1. Reade, Jr. Reade, Gullicksen, Hanley & Gifford, LLP Post Office Box 2669 Nantucket, MA 02584 ttiquettes fardles h peler A Consultez la fauille www.aver;y.corn A 1..1 :--- a„ —1—;+ ?AIMOV0 r,11ZA 0, Sens de chargement d'insteuction 1- 800 -GO -AVERY N TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 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: 081 -11 Owner /Applicant: HILLYARD R. DANFORTH AND ELIZABETH D. HURST, TRUSTEES OF THE ELIZABETH W. DANFORTH 2011 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. Da 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 37 Washington Street Nantucket, Massachusetts 02554 Assessor's Map 73.4.2, Parcel 12 Plan Book 23, Page 54 Applicants' Deed, Book 1291, Page 281 10 King Street, Siasconset Present Deed, Book 1304, Page 244 Sconset Residential -1 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, December 8, 2011, at 12:30 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of HILLYARD R. DANFORTH and ELIZABETH D. HURST, as Trustees of the ELIZABETH W. DANFORTH 2011 TRUST, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 081- 11: NOTE: The locus was conveyed by the Applicants to the present Owners, ROBIN J. L. HAMMER and JAY M. HAMMER, on December 13, 2011, by deed recorded with Nantucket Deeds in Book 1304, Page 244. 2. The applicants are requesting relief by Special Permit pursuant to Nantucket Zoning By -law §139- 33.A(4) and (5) (alteration of pre- existing nonconforming structures) in order to validate and confirm the present zoning status of the structures upon the locus and to permit the modification of one dwelling to the extent necessary to authorize them to perform work necessary to legitimize the use of the dwelling with regard to Building Code requirements. In the alternative, the applicants request relief by Variance from the dimensional requirements applicable to the differential in ground cover between primary and secondary dwellings under By -law §139 -2 (definitions - secondary dwelling) and §139 -16 (intensity regulations - side and rear yard setbacks), in order to validate the present structures in their present locations and as they may be altered with regard to Building Code requirements. The Applicants are also requesting a determination that the Variance relief granted by the Board of Appeals in File No. 020 -75 was not necessary, and setting- aside that decision and the. conditions contained therein. _ The structures upon the locus are nonconforming as to differential in ground cover between primary and secondary dwellings, having a differential of about 10.30 with 20o being the minimum differential under By -law § 139 -2; an they are also nonconforming as to minimum side and rear setbacks, being sited as close as 3.8 feet from the westerly side lot line, as close as 1.0 foot from the rear lot line, and as close as 2.0 feet from the easterly lot line, with the minimum side and rear yard setback in this district being 5 feet. The locus is situated at 10 KING STREET, SIASCONSET, is shown upon plan recorded with Nantucket Deeds in Plan Book 23, Page 54, and the Applicants' deed is recorded in Book 1291, Page 281. The locus is situated in the Sconset Residential -1 zoning district. 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. Except for the presentation by the Applicants' attorney, there was no support nor opposition presented in person or by correspondence at the public hearing. There was one letter from a neighbor requesting that the Board impose conditions limiting work during the summer and on Sundays. 4. As presented by the Applicants, the locus is improved with a dwelling containing 1,148 square feet in ground cover (the "Main Dwelling "), and a dwelling containing 1,280 square feet in ground cover, to the rear of the lot (the "Cottage "). Prior to the adoption of the Nantucket Zoning By -law in 1972, the improvements upon the locus consisted of the Main Dwelling; a building in the southeasterly corner of the locus containing a dwelling unit, which now constitutes the easterly wing of the Cottage; a building in the southwesterly corner of the locus containing two bedrooms, which now constitutes the westerly wing of the Cottage, and a scallop shanty at the rear of the lot between these two buildings. In 1975, the then -owner of the locus, Victor Reed, demolished the scallop shanty and proposed to build a replacement structure. The building permit was apparently denied on the basis that this would exceed the ground cover requirement; Reed was apparently under the impression that the lot area was only 7,500 square feet. Accordingly, he applied to the Board of Appeals for relief by variance to permit the reconstruction of the scallop shanty, and the relief was granted in File No. 020 -75, with the provision that the premises would contain no living facilities, nor any plumbing other than as necessary for a scallop shanty. In fact, this relief was unnecessary, as the lot-area was in fact about 8,300 square feet; a current plot plan by On- Island Land Survey Co, Inc., dated October 26, 2011, shows lot area at 8,317 square feet, with the existing structures in total having a ground cover ratio of 29.20, with 30% being the maximum permitted under the Zoning By -law. In fact, after receiving the variance relief in File No. 020 -75, Reed obtained Building Permit No. 235 -75, for an "Addition to Accessory Buildings to Rear of Lot ". According to affidavits in the Building Department files, Reed in fact constructed the connector in the location of the former scallop shanty, with the easterly and westerly structures continuing to be used as living quarters and, as a result of the connecting structure, comprising the Cottage as a single dwelling unit (and thus removing the pre- existing nonconformity of having three residential structures upon the lot. There was at that time no requirement for Planning Board approval of a secondary dwelling, and in fact the southeasterly structure constituted a secondary dwelling prior to the adoption of zoning, under any definition. The effect of combining the pre- existing structures with the connector as a single dwelling was to result in a nonconformity with the present zoning requirement under By -law §139 -2 (Definition of Secondary Dwelling) that there be a 200 differential in ground cover between primary and secondary dwellings. Under that definition, the Cottage, having more ground cover than the Main Dwelling, is technically the "primary dwelling ". Thus, the differential between the ground cover of 1,280 square feet for the Cottage and 1,148 square feet for the Main Dwelling is about 10.3% and thus less than the required minimum differential of 20%. However, at the time the structures were connected to constitute a single dwelling, the 20% differential requirement had not yet been adopted. The locus is also nonconforming as to minimum side and rear yard setback requirements, all of which in this Sconset Residential -1 zoning district are 5 feet. This includes rear yard setback of the Cottage, which is 1.0 foot at the closest point (a portion of the easterly wing which pre- exists zoning), easterly side yard setback of the Cottage of 2.0 feet at the closest point (also a portion of the easterly wing which pre- exists zoning), and westerly side yard setback of the Cottage of 3.0 feet at the closest point (a portion of the westerly wing which pre- exists zoning). The deck of the Main House is also sited 4.4.feet from the westerly lot line. There were, however, no side or rear yard setbacks under the By -law until 1973, at which time the minimum setback became 3 feet in all districts. 5. Building Permit No. 235 -75 has never been closed out, and it is likely that it will be necessary to perform reconstruction work upon its foundation in order to conform to building code requirements. 6. Based upon the foregoing statement of facts, the Board of Appeals made the finding that the changes that have been made to the pre- existing, nonconforming structures upon the locus have not been, and the correction of conditions in the connector structure will not be, substantially more detrimental to the neighborhood than the pre- existing nonconformities, and accordingly, by UNANIMOUS vote, granted Special Permit relief under By -law §139 -33.A, for the alteration of the pre- existing nonconforming structures which constitute parts of the Cottage by conversion to use as a single dwelling, including the incorporation of the connector structure into the dwelling use, with regard to the nonconformities in side and rear yard setbacks and lack of minimum differential in ground cover between primary and secondary dwellings, and also to allow such alteration of the connector structure (validly constructed and complying with setback requirements as in effect when it was constructed) within its existing footprint as are necessary to comply with applicable building code requirements to enable the issuance of a new building permit for such alteration and ultimate issuance of a Certificate of Occupancy for the Cottage. 7. The relief hereby granted is subject to the condition that no exterior construction shall be performed between May 15 and October 1 in any year and that there shall be no work on Sundays during this period. 8. In addition, the Board of Appeals, by unanimous vote, made the determination that the Variance relief issued in File No. 020 -75 was not necessary, and set aside that decision and the conditions contained therein. SIGNATURE PAGE TO FOLLOW � � 7,1 L 2 Dated: Der , 2-6-i COMMONWEALTH OF MASSACHUSETTS (, Zo1Z, Nantucket, ss. ��' , �'1't" Zo �z On this day•o�f' 24H, before me, the undersigned Notary Public, personally appeared N" y�p►a , 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. N ublic: i ( , y commission expires: ° ( 11 ''may