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HomeMy WebLinkAbout085-11 John Reilly II & Jessie M. Glidden TrusteesTOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: December 13, 2011 J To: Parties in Interest and Others concerned with the Decis��n of The BOARD OF APPEALS in the Application of the following: Application No: 085 -11 Owner /Applicant: JOHN REILLY II & JESSIE M. GLIDDEN, TRUSTEES 113 MAIN STREET REALTY 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. ( \�\ 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 42.3.3, Parcel 105 113 Main Street Residential Old Historic DECISION: L.C. Plan No. 21754 -A Certificate of Title No. 23977 1. At a public hearing of the Nantucket Zoning Board of Appeals, on 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 John H. Reilly, II & Jessie M. Glidden, Trustees, 113 Main Street Realty Trust, c/o John H. Reilly, II, P. O. Box 529, Glenside, PA 19038, File No. 085 -11: 2. The Locus is situated at 113 Main Street, is shown on Nantucket Tax Assessor's Map 42.3.3 as Parcel 105, and title is recorded at the Nantucket County Registry District for the Land Court with Certificate of Title No. 23977. Locus is shown on Land Court Plan NO. 21754 - A, filed with said Registry District. Locus is zoned Residential Old Historic. Locus consists of a two and one -half story dwelling with a total ground cover of 1,828+ s.f., (28.3 %), as shown on the attached plan. Locus is located in the Residential Old Historic District, which provides for a minimum lot size of 5,000 square feet, minimum frontage of 50 feet, front yard setback of zero feet, rear /sideline setback of 5 feet, and a ground cover ratio of 50 %. Locus is conforming as to lot size, ground cover, and front yard setback and rear yard setback; but is nonconforming as to side yard setback on the westerly side of the property, as shown on the plan attached hereto. The front steps currently encroach onto the layout of Main Street (and have for centuries). The prior owner replaced the steps pursuant to Building Permit No. 168 -05 and re- constructed said steps in the same location. Applicant has obtained a license from the Town of Nantucket to confirm that the steps as reconstructed may remain in their current location — the original of said license has been filed with the Town Clerk and a copy has been delivered to the Building Department. Said license was obtained at the direction of the Building Inspector. 3. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(4) (alteration of preexisting nonconforming structures) in order to renovate the existing dwelling. Applicant proposes to construct a small addition (105+ s.f.) on the easterly side of the existing dwelling. Said addition will be conforming as to ground cover and setbacks. Applicant also proposes an addition (64+ s.f.) on the northerly side of the building. Said addition will be conforming as to ground cover and setbacks. The proposed renovations have been approved by the Historic Districts Commission (No. 57253), and are shown as set forth in the plan entitled "Proposed Conditions Plot Plan to Accompany Board of Appeals Application, in Nantucket, Mass.," dated, November 29, 2011, by Blackwell & Associates, Inc., attached hereto as "Exhibit A." Applicant also proposes to widen the gable on the northerly portion of the building, as evidenced by said HDC approval. 1 4. 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, on the basis that no matter of planning concern was presented. The Board of Appeals did not receive any letters from abutters either in favor of or in opposition to this matter. 5. Attorney Jessie M. Glidden represented the Applicant. Attorney Glidden stated that the Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(4) (alteration of preexisting nonconforming structures) in order to renovate the existing dwelling by constructing the 2 small additions to the building, both of which will be conforming as to ground cover and setbacks. Attorney Glidden went on to state that the only reason ZBA review is required is because the existing structure is pre- existing non - conforming in that the existing building violates the setback on the westerly side, and the front steps encroach into Main Street. No alteration to those pre- existing nonconformities is proposed. The work proposed will comply with the zoning requirements. Applicant has obtained approval from the Historic Districts Commission for the proposed renovation (see Certificate of Appropriateness Number 57253). 6. Therefore, after discussion with Counsel for the Applicant, the Board finds that such a Special Permit may be granted to approve the alteration of the preexisting nonconforming structure in order to construct the 2 small proposed additions as the proposed alterations would not be substantially more detrimental to the neighborhood than the existing nonconformities on the Locus. 7. Accordingly, by a UNANIMOUS vote of the board, the Board of Appeals made the finding that the proposed alterations would not be substantially more detrimental to the neighborhood than the existing nonconformities and allowed the proposed alterations, with the following conditions: a. The renovation shall be done substantially in conformance with Historic Districts Commission Certificates of Appropriateness No. 57253, as the same may be amended from time to time. SIGNATURE PAGE TO FOLLOW I Dated: ��l t i';tt iLv Nantucket, ss 2011 Kerim l oseatac ✓v ��L c Susan McCarthy ? f ,Michael Angelastro COMMONWEALTH OF MASSACHUSETTS �rl . On the day of � Ltb. , 2011, before me, the undersigned notary public, personally appeared ��� ���til�Y�r�,������ , one of the above -named members of the Zoning Board of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that he signed the foregoing instrument voluntarily for the purposes therein expressed. Notary P . My Commission Expires: 3 �\`\ Fri Ot { ,/A y A= g e is i CURRENT ZONING CLASSIFICATION: Residential Old Historic (R -OH) MINIMUM LOT SIZE: 5000 S.F. MINIMUM FRONTAGE: 50 FT. FRONT YARD SETBACK: NONE REAR /SIDE SETBACK: 5 F. GROUND COVER % : 50 % 1, Zoning Board of Appeals- EXISTING PROPOSED 6,473 S.F.t 6,473 S.F.t SEE PLAN SEE PLAN SEE PLAN SEE PLAN SEE PLAN SEE PLAN 28.3% ± 30.9% ± 2�C S �St S�� R Qeck ��F 2 7 #7'3 MoSF ticTY \\ SU \1 A PROPOSED ADDITION 105 S.F.t IP FND. 42.3.3 -148 N/F MERCHANT REALTY ASSOC., LLC yak � Proposed Conditions Plot Plan to Accompany Board of Appeals Application ORIGINAL SIGNED AND STAMPED COPIES OF THIS PLAN MAY BE in OF APPEALS OR THE REGISTRY PHOTOCOPIED BY FOR RECORDING PURPOSES. IN NANTUC o Nantucket, Mass. DISCREPANCIES REGARDING INFORMATION CONTAINED HEREON AND SCALE: 1 "= 20' GATE: NOVEMBER 29, 2011 UNAUTHORIZED PHOTOCOPIES OF THIS PLAN, ONLY ORIGINALLY STAMPED AND ENDORSED COPIES SHALL BE ACKNOWLEDGED BY THE CERTIFYING LAND SURVEYOR. THIS INSPECTION PLAN WAS PREPARED TO ACCOMPANY AN APPLICATION TO THE NANTUCKET BOARD OF APPEALS AND IS NOT TO BE CONSIDERED A FULL INSTRUMENT SURVEY. THIS PLAN SHOULD NOT BE USED TO ESTABLISH PROPERTY LINES, FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. THIS INSPECTION PLAN IS NOT A CERTIFICATION AS TO THE TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET ASSESSOR RECORDS. THIS PLAN SHALL NOT BE USED FOR ANY OTHER PURPOSE OTHER THAN ITS INTENDED USE STATED ABOVE. ©Blockwell & Associates Inc. V: \DRAWFILES \87491 \ZBA.dwg 11/29/2011 10:59:09 AM EST 113 MAIN STREET Owner: ,REALTY TRUST Cert. of Title: .]#23977. Plan: L.C.C. 21754 -A Tax Map - Parcel: . . .42:3.3 -105 Locus: . . . 113 MAIN. STREET BLACKWELL & ASSOCIATES, Inc. Professional Land Surveyors 20 TEASDALE CIRCLE NANTUCKET, MASS. 02554 (508) 228 -9026 B74 X11 FILE N0. DATE: 42.3.3 -106 dhCB FIND. EXIST. N/F FELDBERG SHOFM i PICKET o2 JEFFREY L. EXIST. FENCE EXIST. BLACKWELL BRICK Aq. -T. PLANK g N0.3536e DRIVEWAY )' "y ' ti NC 767 FENCE 490 SS���'Q o. �y0 �� 4Nc �ryo PROPOSED ADDITION A 70 S.F.t 2�C S �St S�� R Qeck ��F 2 7 #7'3 MoSF ticTY \\ SU \1 A PROPOSED ADDITION 105 S.F.t IP FND. 42.3.3 -148 N/F MERCHANT REALTY ASSOC., LLC yak � Proposed Conditions Plot Plan to Accompany Board of Appeals Application ORIGINAL SIGNED AND STAMPED COPIES OF THIS PLAN MAY BE in OF APPEALS OR THE REGISTRY PHOTOCOPIED BY FOR RECORDING PURPOSES. IN NANTUC o Nantucket, Mass. DISCREPANCIES REGARDING INFORMATION CONTAINED HEREON AND SCALE: 1 "= 20' GATE: NOVEMBER 29, 2011 UNAUTHORIZED PHOTOCOPIES OF THIS PLAN, ONLY ORIGINALLY STAMPED AND ENDORSED COPIES SHALL BE ACKNOWLEDGED BY THE CERTIFYING LAND SURVEYOR. THIS INSPECTION PLAN WAS PREPARED TO ACCOMPANY AN APPLICATION TO THE NANTUCKET BOARD OF APPEALS AND IS NOT TO BE CONSIDERED A FULL INSTRUMENT SURVEY. THIS PLAN SHOULD NOT BE USED TO ESTABLISH PROPERTY LINES, FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. THIS INSPECTION PLAN IS NOT A CERTIFICATION AS TO THE TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET ASSESSOR RECORDS. THIS PLAN SHALL NOT BE USED FOR ANY OTHER PURPOSE OTHER THAN ITS INTENDED USE STATED ABOVE. ©Blockwell & Associates Inc. V: \DRAWFILES \87491 \ZBA.dwg 11/29/2011 10:59:09 AM EST 113 MAIN STREET Owner: ,REALTY TRUST Cert. of Title: .]#23977. Plan: L.C.C. 21754 -A Tax Map - Parcel: . . .42:3.3 -105 Locus: . . . 113 MAIN. STREET BLACKWELL & ASSOCIATES, Inc. Professional Land Surveyors 20 TEASDALE CIRCLE NANTUCKET, MASS. 02554 (508) 228 -9026 B74 X11 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 N -n .J Date: February 14, 2012 To: Parties in Interest and Others concerned with the Decisi,gn of The BOARD OF APPEALS in the Application of the following: `- Application No: 085 -11 Owner /Applicant: John H. Reilly, II & Jessie M. Glidden, Trustees of 113 Main Street Realty Trust Enclosed is the Technical Amendment to a Decision of the BOARD OF APPEALS which has this day been filed with the office of the Nantucket Town Clerk. 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. TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 Date: February 13, 2012 To: Catherine Stover, Town Clerk From: John B. Brescher, ZBA Administrator Re: ZBA Decision 085 -11 —John H. Reilly, II & Jessie M. Glidden, Trustees of 113 Main Street Realty Trust — Typographical error Dear Catherine, Attached please find the corrected first page to ZBA Decision No. 085 -11. After recording said decision, it was noticed that the square footage referenced in the decision did not match the number on the Exhibit A. The square footage referenced in paragraph 3 should be 70 + square feet, not 64 + square feet. This correction was formally approved by the Board of Appeals on February 1, 2012 by a vote of five in favor and none opposed. This is a technical correction that will not restart the appeal period. Sincerely, John B. Brescher Zoning Board of Appeals Administrator 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 42.3.3, Parcel 105 113 Main Street Residential Old Historic DECISION: L.C. Plan No. 21754 -A Certificate of Title No. 23977 1. At a public hearing of the Nantucket Zoning Board of Appeals, on 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 John H. Reilly, II & Jessie M. Glidden, Trustees, 113 Main Street Realty Trust, c/o John H. Reilly, II, P. O. Box 529, Glenside, PA 19038, File No. 085-11: 2. The Locus is situated at 113 Main Street, is shown on Nantucket Tax Assessor's Map 42.3.3 as Parcel 105, and title is recorded at the Nantucket County Registry District for the Land Court with Certificate of Title No. 23977. Locus is shown on Land Court Plan NO. 21754 - A, filed with said Registry District. Locus is zoned Residential Old Historic. Locus consists of a two and one -half story dwelling with a total ground cover of 1,828+ s.f., (28.3 %), as shown on the attached plan. Locus is located in the Residential Old Historic District, which provides for a minimum lot size of 5,000 square feet, minimum frontage of 50 feet, front yard setback of zero feet, rear /sideline setback of 5 feet, and a ground cover ratio of 50 %. Locus is conforming as to lot size, ground cover, and front yard setback and rear yard setback; but is nonconforming as to side yard setback on the westerly side of the property, as shown on the plan attached hereto. The front steps currently encroach onto the layout of Main Street (and have for centuries). The prior owner replaced the steps pursuant to Building Permit No. 168 -05 and re- constructed said steps in the same location. Applicant has obtained a license from the Town of Nantucket to confirm that the steps as reconstructed may remain in their current location — the original of said license has been filed with the Town Clerk and a copy has been delivered to the Building Department. Said license was obtained at the direction of the Building Inspector. 3. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(4) (alteration of preexisting nonconforming structures) in order to renovate the existing dwelling. Applicant proposes to construct a small addition (105+ s.£) on the easterly side of the existing dwelling. Said addition will be conforming as to ground cover and setbacks. Applicant also proposes an addition (64± s.f-.) (70 + s.f.) on the northerly side of the building. Said addition will be conforming as to ground cover and setbacks. The proposed renovations have been approved by the Historic Districts Commission (No. 57253), and are shown as set forth in the plan entitled "Proposed Conditions Plot Plan to Accompany Board of Appeals Application, in Nantucket, Mass.," dated, November 29, 2011, by Blackwell & Associates, Inc., attached hereto as "Exhibit A." Applicant also proposes to widen the gable on the northerly portion of the building, as evidenced by said HDC approval. 1