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
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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)•
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7
TOWN OF NANTUCKET
BOARD OF APPEALS
LS
NAN'T'UCKET, MA 02554
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'Phis agreement to extend the time lhnit for the Board of Appeals to mak-e a derision, huld a public hearing, or
to take other action concerning rile application oG
R'tisten 1i;',,. S4iitE:e�t3 -- :I .
Pursuant to rite provisions of the Acts of 1987, Chapter 493, amending the State "Zoning Act, Chapter 40x1 of
the Massachusetts General Laws, Applicants) /Petitioner(s) and the Zoning Board of Appeals hereby agree to
extend the time limit
For a public hearing on the application
O For a u titten decision
o For other
Such application is:
• An appeal from the decision of any administrative official
• A petition for a special pertnit
A petition for a variance
O An extension
O A modification
The new time limit shall be midnight on Oe tzolier' , 7 Q1 1 ! I !i I I which is not earlier than
a time limit set by statute or bylaw.
The Applicant (s), attorney, or agent for the Applicant represented to be duly authorized to act in this matter
for the applicant, in executing this agreement waives any rights under the Nantucket Zoning Bylaw and the
State /ZonSn��'�ct, as amended, to the extW,, but only to the extent, incOnsrstemt with this agreement
(5)
For Zoning Board of Appeals
'Town Clerk Stamp:
jig ,t;ll I -:l�f l' fl.�.e �' I I 'J^"i i ii . �.ii•.',I
Effective Date of A&&exlient
2 Fairgrounds Road Nantucket Massachusetts 02554
508.228 -7215 telephone 508 -228 -7298 facsimile