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HomeMy WebLinkAbout007-12 Winters, Austen H.9 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $300.00 File No. Owner's name(s): Austen H. Winters Mailing address: c/o Reade Gullicksen Hanley and Gifford LLP Phone Number: 508- 228 -3128 E -Mail: SLQ(Q_re@de1aw.com Applicant's name(s): Mailing Address: 6 Youngs Wa Post Office Box 2669 Nantucket Mass. 02584 Phone Number: E -Mail: Locus Address: 147 Main Street Assessor's Map /Parcel: 41 -170 Deed: Book 1283 Page 38 Plan.: 2011 -60 Zoning District: R -1 Uses on Lot- Commercial: None Residential: Number of dwellings 2 Duplex no Apartments 0 Date of Structure(s): all pre -date 7/72 Yes or Building Permit Numbers: 7 Previous Zoning Board Application Numbers: None 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: On December 12, 2011, the Nantucket Planning Board endorsed plan for the subdivision of the locus at 147 Main Street into two separate lots (see Plan 2011 -60). Since the structures on the newly created Lots 1 and 2 on such plan were each in existence prior to the adoption of the Subdivision Control Law in Nantucket in 1955, this subdivision was done as an Approval Not Required plan pursuant to MGL c. 41 §81L. To the extent necessary, Applicant is now seeking relief by Special Permit or by Variance, under Nantucket Zoning By -law Sections 139 -30A (Special Permits) and 139 -32 (Variances) from Sections I' )9-16A (Intensity) and 139 -18A (Off - Street Parking), to validate the existing conditions for the lots as separately marketable and buildable. Prior to the subdivision, the locus, which is in the Residential One (R -1) zoning district, was a pre- existing non - conforming undersized lot of 4,913 ±SF where 5,000 SF is the minimum requirement. It has a house and cottage, but provided no off street parking spaces where two spaces were required, and both structures were located within the front, side and rear setbacks, as below, all of which predated the adoption of Nantucket's Zoning By -law in 1972. The Locus had a ground cover ratio of 31% where 30% is allowed and was otherwise conforming in all other respects. Lot 1 is 2,903± SF where 5,000 SF is the minimum requirement. It fronts on Main Street and contains a single family house of approximately 1,146± SF, which yields a ground cover ratio of 39% where a 30% ground cover ratio is allowed in the R -1 zoning district. The front stoop of the structure is sited as close as 2.9± feet (the dwelling wall is as close as 7.8± feet) from the southerly lot line at its closest point (which predates the adoption of Nantucket's Zoning by -law), and as close as 1.7i feet from the northerly /rear lot line at its closest point (which is new, due to the grandfathered subdivision), which are both within the setback where the minimum front and rear setbacks in the R -1 zoning district are 10 feet and 5 feet, respectively. Lot 1 contains no off - street parking (nor did it prior to the subdivision). Lot 1 and the structure thereon are conforming in all other respects. Lot 2 is 2,010± SF where 5,000 SF is the minimum requirement. It fronts on Lowell Place and contains a single family house of approximately 381± SF, which yields a conforming ground cover ratio of 19 %. The structure is sited as close as 3.7t feet from the northerly /side lot line at its closest point, and as close as 2.0± feet from the easterly /rear lot line its closest point (both of which predate the adoption of Nantucket's Zoning by -law), both of which are within the setback where the minimum rear and side setback in the R -1 zoning district is 5 feet. Lot two has 32.47± feet of frontage where 50 feet is required. Lot 2 and the structure thereon are conforming in all other respects, including the provision of a new off - street parking space. Applicant proposes no exterior work to the structure on Lot 1, but proposes to alter the structure on Lot 2 (pending application to and approval by the Historic District Commission). Applicant proposed to remove the structure from the rear and side setbacks and then remodel or replace it in a manner that is conforming to current zoning requirements. Accordingly, Applicant requests relief by Special Permit under Nantucket Zoning Bylaw Section 139 -33.A (4) for the alteration of a pre- existing nonconforming structure. I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of per)ury. SIGNATURE: Austen H. Winters, owner By: SIGNATURE: Steven L. Cohen, his attorney OFFICE USE ONLY Application received on:_ /_ /_ By: Complete: Need Copies: Filed with Town Clerk:_ /_ /_ Planning Board:_ /_ /_ Building Dept.:–/–/– By: Fee deposited with Town Treasurer:_/_/_ By:_ Waiver requested: Granted:_ /_ /_ Hearing notice posted with Town Clerk:–/–/— Mailed:—/—/— I &M_ /_ /_ &_ /_ /_ Hearing(s) held on:—/—/— Opened on :_ /_ /_ Continued to:_ /_ /_ Withdrawn:_ /_ /_ Decision Due By:—/—/— Made:—/—/— Filed w /Town Clerk:_ /_ /_ Mailed:_ /_ /_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile A A / nA A I own and (_ ounty OT NaniUCK2i Ct '-'111 ci i-r, w 1 i g�.` „i7oa MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT The Town makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map. Parcels updated January 1, 2011 fit ur L.4G�c yr 'IV kkk - �-•- -i _ g=ar - a >11 4 � f-d N i L1 N 1 ' i n a � m UCgp� A O r :k, D 1 i3 - t- 2: f*1 m ,ry , I a �mm� gx`= Amy o ' N N ; •,s =' O fit ur L.4G�c yr 'IV kkk - �-•- -i _ g=ar - a >11 4 � f-d N i L1 N 1 ' i n CA 5—'-C� -5 N i C 1 i i C) i i m m I N f 'il�� 1 i3 - t- 2: °pro , I Syr �mm� gx`= Amy x_� ; =' LOT ARE4 n CA 5—'-C� -5 N i C 1 i i C) i i m m I N f 'il�� °pro z� S Syr �mm� gx`= Amy ,,IP,'v \oar :z > a - i -3F - � n CA 5—'-C� -5 N i C 1 i i C) i i m m I N f 'il�� 11 i08 /2011 14:15 FAX 508ZZ8563U xcnuc viii �u.noa ` U'D6 RECEIVED BOARD OF ASSESSORS Town of Nantucket DEC 0 8 Nil Zoning Board of Appeals TOWN OF NANTUCKET, MA LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER..........'.... u.....'�N '}'i . tc) JN7t7zs c/o Reads, Gullickserr, Hanley & Gifford, LLP MAILING ADDRESS. Wayr Nantucket, MA 0. 2-5.5.4 PROPERTY LOCATION .............I.A4:717... q rN 5 .....I....... ASSESSOR MAP /PARCEL .............. �I 1� 0 SUBMITTED By_. re, Gullicksen, Hanley & Gifford SEE ATTACHED PAGES I certify that the foregoing is a list of all 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 3D0 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 (2)• ae �r DA E ASSESSOR'S OF CE TOWN OF NANTUCKET N w O N N N O LD 3 ro w CD CD r a s a a a a s a a a a a a e a A A a a A A e a a a a a a a a a a a a N r r r r r r r r r r r r r r• r r r r r r r r r r r r r r r r r r r W W W 0 0 0 U 0 0 0 w N m N m N N U w N 0 A N N N N r r r r r r r r r W J m m m N N N N N H r r r r r r r w w b b m m m J J m m m m m m m O A W N A N N r O b m J m N W N r m U r O b r r N r b m J m N A r n � p z H �q7 (ryp � I Z *- ro C�� � � z D o y n 71 O m E 4 y H g g p y o m y ltl7 Z N x o L9 z 0 m S :U � m IC 7x7.1 m py Hpp ¢1 x H ym yy N m Hxxy :U H QEH f] C1 m C1 O Ch p h h y "'JJAF77 CCn n x btu n� y y l9 X0+1 S h n p z h M H hy7. ny7, n 70 xo n M q m P Z H N b1 m 7 Y �q Y t4 l*ml b x 7. 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