HomeMy WebLinkAbout017-12 54 Hulbert AvenueFEE: $300.00
NANTUCKET ZONING BOARD OF APPEALS
2 FAIRGROUNDS ROAD
NANTUCKET, MA 02554
APPLICATION FOR RELIEF
CASE NO.
Owner's name(s): John T. Connelly, Jr. and Bessie B. Connelly
Mailing address: C/O Vaughan, Dale, Hunter, Stetina and Beaudette, PC, POB 659, Nantucket 02554
Applicant's name(s): Owner, above
Mailing address: C/O Vaughan, Dale, Hunter and Beaudette, PC, POB 659, Nantucket 02554
Locus address: 54 Hulbert Avenue, Town Assessor's Map/Parcel: 29 / 59
Plan Book & Page: Plan File 17, Page 51
Date lot acquired: 11 /10 /11 Deed Ref.: Book 1300 Page 37 Zoning District: RR =1
Uses on Lot – Commercial: None X Yes (describe
Residential: Number of dwellings 1 Duplex Apartments Rental Rooms
Building Date(s): All pre -date 7/72? Yes or.
Building Permit Nos:
Previous Zoning Board Application Nos.:
C of O(s)? Yes
State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of
the Zoning By -law, and supporting details, grounds for grant of relief, listing any existing no�onformities:
Please see addendum attached hereto
I certify that the i formation contained herein is substantially complete and true to the best of my
knowledge, under he pains and penalties of perjury.
SIGNATURE: Applicant Attorney X
(If not owner or owner's attorney, please enclose proof of agency to bring this matter before the Board)
Application received on: / / By:
FOR ZBA OFFICE USE
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Hearing(s) held on: / / Opened on: / / Continued to: / / Withdrawn ?: / /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: / /
DECISION APPEALED ?: / / SUPERIOR COURT: LAND COURT Form 4/03/03
ADDENDUM
John T. Connelly, Jr. and Bessie B. Connelly (hereinafter "Applicant ")
seeks SPECIAL PERMITS and FINDINGS pursuant to Section 139 -33 A (3) (a)
and (4) (a) and (b) of the Nantucket Zoning By -Law (that `By- Law ") and a
SPECIAL PERMIT pursuant to Section 139 -33 A (5) of said By -law and
Massachusetts General Laws, Chapter 40A, Section 6. The property is located at
54 Hulbert Avenue, Nantucket (the "Premises ") and is improved with a two (2)
story wood frame Dwelling. It is shown as Parcel 59 on Assessors Map No. 29.
Applicant is requesting the SPECIAL PERMIT and FINDING pursuant to
Section 139 -33 A (3) (a) and (4) (a) and (b) of the Nantucket Zoning By -law to
renovate and extend the pre- existing non - conforming dwelling, sited partially
within the westerly and easterly side yard setbacks, by enlarging an existing
bedroom, adding a garage and thereby providing off - street parking. The second
floor of the proposed garage shall be improved with a bedroom.
The balance of the proposed work shall be within the buildable part of the
yard and consists of a sun -room addition to the kitchen on the westerly side; a bay
window addition to the living room on the northerly side; a second floor balcony
above the front porch also proposed for the northerly side; and an extension to the
kitchen's dishwashing sink and working area on the southerly side.
The proposed improvements will result in an increase in ground cover
however resulting in a ground cover ratio within the limits allowed in the By -law.
The Premises consists of a single lot (Locus) approximately 7,753 +/-
square feet in size situated in a Zoning District with a minimum lot size of 5,000
square feet.
Locus is non - conforming as to side yard setback being a Lot in the R -1
Zoning District that abuts two streets and therefore having a 10' side yard setback
requirement from James Street however with a portion of the existing dwelling
sited as close as 1.7 +/- feet to the property line on that side. The dwelling is also
preexisting nonconforming as to side yard setback on the other side of Locus with
a 5 +1- foot setback requirement with portions of the dwelling sited as close as 3.3
+/- feet from the property line on that side.
Locus is conforming as to Ground Cover Ratio with an existing ration of
27.2% with 30% allowable in the Zoning District. The extensions described
hereinabove will result in a ground cover of 2320 +/- square feet with 2326+/ -
square feet of ground cover allowed in the Zoning District.
The property is pre- existing nonconforming as to parking having no off -
street parking in a Zoning District that requires a single space for a primary
dwelling. The proposed renovation will result in the construction of an off - street
parking space where now none exists.
The renovation of the dwelling as proposed is in keeping with other
similar renovations in this Residential -1 District and will not increase the non-
conforming nature of the structure as the non - conforming distance is not being
made more non - conforming. The Applicant asks the Board to find that the
proposed extension will not be substantially more detrimental than the existing
non - conforming dwelling nor is it substantially more detrimental to the
neighborhood than the existing non - conformity.
By granting the SPECIAL PERMITS, the Board will be acting in a
manner consistent with the spirit and intent of Section 139 -33A of the By -Law.
The Applicants respectfully request that the Board vote in favor of the
requested SPECIAL PERMIT.
CONNELLY /Addendum/ 1.30.12
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HULBERT AVENUE
MAP 29 SITE PLAN
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Doc: DD 11/10/2011 02:43 PM
DEED
I, WARNER S. FLETCHER, Trustee of HULBERT STREET NOMINEE TRUST
under Declaration of Trust dated June 25, 1996, recorded with
Nantucket Deeds in Book 524, Page 247, of Worcester,
Massachusetts, for consideration paid in the amount of
$4,500,000.00, grant to JOHN T. CONNELLY Jr. and BESSIE B.
CONNELLY, husband and wife, joint tenants with right of
survivorship, of 555 Old School Road, Gulf Stream, Florida 33483,
with QUITCLAIM COVENANTS,
That certain parcel of land, together with the buildings thereon,
located in Nantucket, Nantucket County, Massachusetts, now known
and numbered as 54 Hulbert Avenue, bounded and described as
follows:
NORTHEASTERLY by the line of Hulbert Street, seventy -nine
and 89/100 (79.89) feet;
SOUTHEASTERLY by Lot 2 on plan hereinafter referred to,
ninety -eight and 11 /100 (98.11) feet;
SOUTHWESTERLY by Lot 4 on said plan, seventy -nine and
97/100 (79.97) feet, and
NORTHWESTERLY by the line of James Street, one hundred
and 39/100 (100.39) feet.
Said land is shown as Lot 3 on plan recorded with Nantucket Deeds
in Plan Book 17, Page 51. Said land contains 7,749+ square feet,
more or less, according to said plan.
Said land is conveyed subject to the following matters:
(a) Special Permit dated February 17, 1993, recorded with
Nantucket Deeds at Book 409, Page 297, and recorded at Book 409,
Page 303.
Bk: 01300 Pg: 38
(b) Real estate taxes assessed by the Town of Nantucket for
the fiscal year 2012 commencing on July 1, 2011.
For title, see deed recorded with Nantucket Deeds in Book 524,
Page 253.
I, WARNER S. FLETCHER, Trustee of HULBERT STREET NOMINEE TRUST,
do hereby certify the following:
a) I am the sole Trustee of Hulbert Street Nominee
Trust under Declaration of Trust dated June 25,
1996, recorded with Nantucket Deeds in Book 524,
Page 247.
b) Said Trust is in full force and effect and has not
been altered, amended, or revoked.
c) All of the beneficiaries of the Trust are
individuals, of full age, and not under any
disability.
d) I have been duly authorized by all of the
beneficiaries of said Trust to execute, acknowledge,
and deliver a Quitclaim Deed to JOHN T. CONNELLY Jr.
and BESSIE B. CONNELLY, for consideration paid in
the amount of $4,500,000.00, conveying the property
located at 54 Hulbert Avenue, Nantucket,
Massachusetts, being shown as Lot 3 in Plan Book 17,
Page 51, and to execute and deliver all documents
and take any action necessary to consummate said
transfer.
Bk: 01300 Pg: 39
Executed and sealed on November l , 2011.
)" 7,-,
TdA NER S. FLETCHER, Trustee of
H BERT STREET NOMINEE TRUST
COMMONWEALTH OF MASSACHUSETTS
Worcester, ss.
On this - ?4-A day of November, 2011, before me, the
undersigned notary public, personally appeared WARNER S. FLETCHER
proved to me through satisfactory evidence of identification,
which was AeYsona( klnowled% , to be the person whose name is
signed on t e preceding or attached document, and acknowledged to
me that he signed voluntarily, as Trustee for its stated purpose
and who swore or affirmed to me that the contents of the document
are truthful and accurate to the best of his knowledge and
belief.
MASS/Cou XC18E TAXI /� /
NantuOD N16 001 '�y'I Date: 2:43 PM
CtrIN Doc# 00002876
Fee: ons: $4,500.000.00
NANTUCKET LAND BANK
CEFMRCATE
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Notary Public
commission expires: 11111 „1111,111 „,,,
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BoA Form
2 -89
NAN'T'UCKET ZONING BOARD OF APPEALS RECEIVED
TOWN AND COUNTY BUILDING BOARD OF ASSESSORS
NANTUCKET, MA 02554 JAN 3 ® 2012
ASSESSOR'S LIST OF PARTIES IN INTEREST TOWN OF
,.- NANTUCKET, MA
PROPERTY OWNER: Qmmlt
APPLICANT FOR RELIEF (SAME? V ) :
ADDRESS OF PROPERTY:
ASSESSOR'S MAP - PARCEL: L 1 -
LIST OF PARTIES INCLUDING ADDRESSES
*(OR SEE ATTACHED 1:
I certify that the foregoing (or the attached ) lists all persons,
natural or legal, 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 three hundred feet.of the
property line of Owner's property, as they (and their address) app6ar on
the most recent applicable tax list [per M.G.L. c.40A, §11 and Zoning Code
Chapter 139, §139-29D(2)] .
D to As essor's Office
Town-of Nantucket
*NOTE: Applicant (Petitioner) should include with the lot for which zoning
relief is sought, any commonly -owned abutting lots which might become
involved in the zoning matter. List map and parcels for each abutter.
I jrRi)33 Al.-I j,�
Submitted by V
Date:
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Philip and Colleen Hempleman
Barbara J. Fife, Trustee
David and Perrin Lilly
2 Dublin Hill Drive
Barbara J. Fife QPRT
18 Summit Court
Greenwich, CT 06830
25 Central Park West #15R
St. Paul, MN 55102
New York, NY 10023
SeaSaw LLC
Joseph P. Scanlon
Carter and Melissa Cafritz
c/o Stephen Davis
12 Sunswyck Road
1660 L Street, Suite 300
PO Box 15709
Darien, CT 06820
Washington, DC 20036
Springfield, MA 01115
Sixty -Two Hulbert Ave, LLC
Anthony M. Lamport
Susanne Hutcheson, Trustee
c/o PMC Property Group, Inc.
432 E 84 Street
56 Hulbert Nominee Trust
1411 Walnut Street
New York, NY 10028
1940 Knox Avenue South
Philadelphia, PA 19102
Minneapolis, MN 55403
Theresa H. Fortgang
Edward M. Gilbreth Trust
Gregor and Mary Ferguson
1060 Fifth Ave, Apt 2B
134 Columbus Street
53 Simon Willard Road
New York, NY 10128
Charleston, SC 29403
Concord, MA 01742
Marian C. Ellis, Trustee Robert Petrie, III, Trustee
Richard and Ann Jackson c/o Dr. George Ellis Kodi Nominee Trust
PO Box 522 1185 Park Avenue, Apt. 6C c/o Sally S. Lochner
Dorset, VT 05251 New York, NY 10128 Greenwich, CT 06830
Peter W. Gerster Harry and Susan Rein John and Joan Goodwin
11 East Byway 174 Turtleback Road 14 '/Z Roton Avenue
Greenwich, CT 06831 New Canaan, CT 06840 Rowayton, CT 06853
Paul Charron and Kathy Herdt Amanda Cross and Lisa Gray Katherine Belber
44 Contentment Island Road 1349 Bay Drive 3509 Lowell Street, NW
Darien, CT 06820 Sanibel, FL 33957 Washington, DC 20016
Maureen and Eileen Murphy Robert and Maureen Dobies William and Grace Christie
15 Fullingmill Lane c/o Scott David Sloan Trust 130 Ellington Street
Hingham, MA 02043 1 Alcott Way Longmeadow, MA 01106
Medfield, MA 02052
Scott W. Oldakowski Thirty Six Walsh LLC John and Jane Mullen
1945 Port Chelsea Place PO Box 141280 c/o Jane Mullen
Newport Beach, CA 92660 Staten Island, NY 10314 70 Edwards Street
Portland, ME 04102
Gregory L. Geiser Walter Angoff, Trustee Anna Fisch
319 Main Street Goldberger RM QPRT 61 Hemlock Road
El Segundo, CA 90245 3 Battery Wharf, Apt. 3605 Short Hills, NJ 07078
Boston, MA 02109
David Salisbury, Trustee Whitney A. Gifford, Trustee David Salisbury, Trustee
Brant Point Nominee Trust PMC Property Group, Inc. Brant Point Nominee Trust
15700 W Short Court 1411 Walnut Street 15700 W Short Court
Cleveland, OH 44114 Philadelphia, PA 19102 Cleveland, OH 44114
David Salisbury, Trustee Whitney A. Gifford, Trustee Whitney A. Gifford, Trustee
Brant Point Nominee Trust PMC Property Group, Inc. PMC Property Group, Inc.
15700 W Short Court 1411 Walnut Street 1411 Walnut Street
Cleveland, OH 44114 Philadelphia, PA 19102 Philadelphia, PA 19102
Date: April 13, 2012
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To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 017 -12
Owner /Applicant: JOHN T. CONNELLY, JR. AND BESSIE B. CONNELLY
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.
s�xv
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 29, Parcel 59 Plan File 17, Page 51
54 Hulbert Avenue Deeds Book 1300, Page 37
Residential - 1
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, March 8, 2012, at 4 Fairgrounds Road,
Nantucket, Massachusetts, the Board made the following decision
on the application of JOHN T. CONNELLY, JR. AND BESSIE B.
CONNELLY, c/o Vaughan, Dale, Hunter, Stetina, and Beaudette, PC,
PO Box 659, Nantucket, MA 02554, File No. 017 -12:
2. Applicants are requesting Special Permit relief
pursuant to Nantucket Zoning Bylaw Sections 139- 33.A.(3), (4),
and (5) (alteration of preexisting nonconforming structures) in
order to renovate and extend the preexisting nonconforming
dwelling on the Locus. The Applicants propose to enlarge an
existing bedroom, add a garage as well as other alterations to
the existing dwelling within the buildable part of the yard.
The Locus is nonconforming as to side yard setback being a Lot
in the R -1 Zoning District that abuts two streets and therefore
has a ten (10) foot side yard setback requirement from James
Street, but is sited as close as 1.7 +/- feet to the property
line on that side. The dwelling is also nonconforming as to
side yard setback on the easterly side of the Locus, being sited
as close as 3.3 feet from the side yard setback in a zoning
district that requires a five (5) foot side yard setback. The
property'is also nonconforming as to parking, having no off -
street parking in a zoning district that requires a single space
for a primary dwelling. The proposed renovation will result in
the construction of an off - street parking space where none now
exists. The property and structures thereon are otherwise
conforming to the intensity regulations of the Residential - 1
zoning district. The Locus is situated at 54 Hulbert Avenue, is
shown on Nantucket Tax Assessor's Map 29 as Parcel 59, is shown
on Flan File 17, Page 51, and is recorded at the Nantucket
County Registry of Deeds in Book 1300, Page 37. The property is
zoned Residential - 1.
1
3. Our decision is based upon the application and
accompanying materials, representations,, and testimony received
at our public hearing. There was no Planning Board
recommendation on the basis that no matters of planning concern
were presented. There were no letters in favor of or in
opposition to the application. A direct abutter spoke at the
hearing asking for the Applicant to clarify the work proposed.
4. Attorney William F. Hunter represented the Applicant
at the hearing. Attorney Hunter explained to the Board that the
Applicants are requesting Special Permit relief pursuant to
Nantucket Zoning Bylaw Section 139- 33.A.(3), (4),, and (5) in
order to renovate and extend the preexisting nonconforming
dwelling on the Locus.
Specifically, the Applicants propose to enlarge an existing
bedroom and construct a garage within the westerly side yard
setback. The balance of the work shall be within the buildable
part of the yard and consists of a sun -room addition to the
kitchen on the westerly side; a bay window addition to the
living room on the northerly side; a second floor balcony above
an extended front porch on the northerly side; and an extension
of the kitchen's dishwashing sink and working area on the
southerly side.
The Locus is nonconforming as to side yard setback being a Lot
in the R -1 Zoning District that abuts two streets and therefore
has a ten (10) foot side yard setback requirement from James
Street, but is sited as close as 1.7 +/- feet to the property
line on that side. The dwelling is also nonconforming as to
side yard setback on the easterly side of the Locus, being sited
as close as 3.3 feet from the side yard setback in a zoning
district that requires a five (5) foot side yard setback. The
property is also nonconforming as to parking, having no off -
street parking in a zoning district that requires a single space
for a primary dwelling. The proposed renovation will result in
the construction of an off - street parking space where none now
exists.
S. 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.(3),(4), and
(5) in order to alter the preexisting nonconforming single -
family dwelling would not increase the nonconforming nature of
the structure and would not be any more detrimental to the
neighborhood than the existing nonconformity because said
2
addition will be no closer to the
nonconforming structures on the Lo
finds that this type of alteration
general purpose and intent of the
suggested the Applicant be mindful
roadway layout, especially with re:
installed on James Street.
setbacks than the preexisting
:us. The Board of Appeals so
would be in harmony with the
�oning Bylaw. The Board also
of any hardscaping within the
pect to any apron that may be
6. Accordingly, by a UNANIMOUS vote of the sitting Board,
the Board of Appeals made the finding that such Special Permit
relief pursuant to Nantucket Zoning Bylaw Section 139 -33.A. (3),
(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
with the conditions that all work shall be done as shown on the
site plan labeled, "Proposed & Existing Ground Cover Plot Plan,
Nantucket, MA, 54 Hulbert Avenue,," dated March 1, 2012, revised
March 6, 2012, prepared by Joseph E. Marcklinger, attached
hereto as "Exhibit A," and that there shall be no exterior
construction between Memorial Day and September 15th of any year.
SIGNATURE PAGE TO FOLLOW
3
Dated: I h��'� , 2012
Michael J. O'Mara
Kerim Koseatac
Lisa Botticelli
r-,
us McCarth
COMMONWEALTH OF MASSACHUSETTS
(�
Nantucket, ss. 1 � !II b '2012
i
On this d3of 2012, before me, the undersigned Notary Public, personally appeared
t
Soh , 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 he# signed it
voluntarily for its stated purpose.
N ublic: •�� q �,Jw
y commission expires: lmpo
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