HomeMy WebLinkAbout028-12 82 Easton StreetNANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MA 02554 le dd_12
FEE: $300.00 CASE NO. �G
APPLICATION FOR RELIEF
Owner's name(s): Sarah F Alger, as Trustee of Rare Half Gas Realty Trust
Mailing address: c/o Two South Water Street Nantucket Massachusetts 02554
Applicant's name(s): Same as above
Mailing address: Same as above
Locus address: 82 Easton Street, Nantucket, Massachusetts Assessor's Map/Parcel: 42.4.2/5
Land Court Plan/Plan Book & Page/Plan File No.: Plan Book 7, Page 40 Lot No.: 4
Date lot acquired: 0 1/19/99 Deed Ref. /Cert. of Title: Book 869, Page 161
Zoning District: LC
Uses on Lot – Commercial: 1 Yes (describe) architectural business office
Residential: Number of dwellings Duplex Apartments Rental Rooms
Building Date(s): All pre -date 7/72? Yes or.
Building Permit Nos: 9935 -93; 40 -04; 799 -08; and 970 -08
C of O(s):
Previous Zoning Board Application Nos.: 011 -04. 041 -08
State below or on a separate addendum specific relief sought (Special Permit, Varioce, *ppeal), Section of
the Zoning By -law, and supporting details, grounds for grant of relief, listing any e0tiffnoaponformities:
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(See attached Addendum)
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I certify that the information contained herein is substantially complete and true to the best of my
knowledge, under the pains an enalties of perjury.
SIGNATURE• � Applicant Attorney /Agent X
(If not owner or o ner's atto , please enclos oof of agency to bring this matter before the Board)
FOR ZBA OFFICE USE
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Hearing(s) held on: /_/ Opened on: // Continued to:_/ /Withdrawn ?: / /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: / /
nW0TQYnN AUpTi AT.FTI? CTTPFRTOR COURT: LAND COURT Form 4/03/03
Addendum
Nantucket Zoning Board of Appeals Application
Sarah F. Alger, Trustee of Rare Half Gas Realty Trust
82 Easton Street, Nantucket, Massachusetts
The property is located at 82 Easton Street, is shown on
Nantucket Tax Assessor's Map 42.4.2 as Parcel 5, is shown on
plan recorded with Nantucket Deeds in Plan Book 7, Page 40 as
Lot 4, and is located in the Limited Commercial ( "LC ") Zoning
District (the "Locus ").
The main structure on the Locus is nonconforming as to side
yard setback on the east, having a setback, at its closest
point, of about 3.3 feet from the corner boards and about 1.2
feet from the roof overhang, where a side yard setback of five
(5) feet is required. The Locus and the structures on it
otherwise comply with all other dimensional requirements of the
By -law, including lot area, ground cover, frontage, and front
and rear yard setback.
The Applicant seeks to modify (or effectively abandon) the
Special Permit relief granted by the Zoning Board of Appeals in
Cases Nos. 011 -04 and 041 -08 to allow the use of the Locus to
revert to residential use, which is permitted as a matter of
right under the Nantucket Zoning By -law (the "By- law ") in the LC
District. The Applicant proposes to convert the main structure
to a primary dwelling and to continue to use the existing
garage /studio as such, but would like the ability to convert the
garage /studio to a Secondary Dwelling in the future, in
accordance with the provisions of By -law §139 -2. As so used,
the Locus would be in conformity with the uses permitted as of
right in the LC District.
The Applicant also seeks a Special Permit under By -law
§139- 33.A(4) and (5) to allow the alteration and extension of
the existing main structure within the side setback, but in a
way that does not make the non - conforming distance more non-
conforming.
Town and Countv of Nantucket
March 8, 2012
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MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
The Town makes no claims and no warranties,
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accuracy of the GIS data presented on this map.
Parcels updated January 1, 2011
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• Owner:
THIS PLOT PLAN WAS PREPARED FOR THE' TOWN
BUILDING DEPARTMENT ONL Y AND
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Dead:. PlaPlan: BOOK 7 p
OF NANTUCKET
SHOULD NOT BE CONSIDERED A PROPERTY LINE
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SURVEY, THIS PLAN
ESTABLISH PROPERTY LINES, FENCES, HEDGES OR
STRUCTURES .THE -PREMISES-
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Locus: . . . . . . . .
ANY ANCILLARY
THE PROPERTY LINES SHOWN RELY ON CURRENT
BjACKWkLL and ASSOCIATES, 'no.
DEEDS AND PLANS OF RECORD.
THIS PLOT PLANS NOT A CERTIFICATION AS TO
OF THE PROPERTY SHOWN,'
professional Lan&-.Surveyors
TEASDALE CIRCLE •
TITLE OR OWNERSHIP
OWNERS OF ADJOINING PROPERTIES ARE SHOWN
ASPESOR RECORDS.
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NANTUCKET MASS- 02664 cZ5-4
ACCORDING TO CURRENT
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Town of Nantucket
TONING BOARD OF APPEALS
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF
PROPERTY O Sarah F. Alger, as Truste of Rare Half
',crust.........................................
MAILING ADDRESS. coo 2-South water Street, Nantucket, MA
....................................... ...............................
PROPERTY WCATION....... 8.2 2 Easton, Street, . Nantucket, MA
............... 0.......... I...... I..........
ASSESSORS MAPfPARCEE, Ma�.42 . 4..25. Parcel
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same as above
APFUCANT...,.,,
SEE ATTACHED PAGES
RECEIVED
BOARD O� ASSESSORS
MAd 0 8 2012
TOWN OF
NANMCKET MA
I certify that the foregoing is a list of persons who are owners of abutting property, owners of
land directly opposite on any public or private street or way; and abutters of the abtitters'aad all
other land owners within 300 feet of the property line of owner's property, all as they appear on
L.
the most recent applicable tax list (M.G. c. 40A, Section I I.Zoning Code Chapter 139.
Section 139 -29D (2) . .
DATE ASSESSOR'S OFFICE
Town of Nantucket
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impression antibourrage et a sechage rapide
Utilisez le gabarit 51600
Nantucket Island Resorts
One Wells Avenue
Newton, MA 02459
77 Easton Street, LLC
c/o Nantucket Hotel Holdings
321 Commonwealth Road
Wayland, MA 01778
Peter T. Kaizer and Thea K. Kania
8 North Beach Street
Nantucket, MA 02554
Sharon Benson Doucette
25 North Water Street
Nantucket, MA 02554
Cyril C. Ross, Jr. and Judith L.
Ross
P.O. Box 103.3
Nantucket, MA 02554
Alida L. Storer and Richard E.
Storer
P.O. Box 772
Nantucket, MA 02554
Nancie B. Taylor
76 Easton Street
Nantucket, MA 02554
Robert L. Adams &
Julie DeVito
140 Clifton Street
Belmont, MA 02478
Point Breeze, LLC
2 Windy Way, #171
Nantucket, MA 02554
www.avery.com Q A1ERY0 51600
1- 800 -GO -AVERY
Karen C. Bloomfield and
James M. Bloomfield
12130 Overcup
Houston, TX 77024
Stephen Good and Sandra Jones
171 Chester Road
N. Falmouth, MA 02556
Sally R. Johnson, Trustee
c/o Kelly Johnson
1478 Lipton Circle
Suffolk, VA 23434
Wilkie F. Bushby
93 Valleywood Road
Cos Cob, CT 06807
i
Phyllis Visco Trust et al
c/o Blue Print LLC
One Monarch Place, Ste. 1452
Springfield, MA 01144
Richard Pamey and C.
Bradford Parvey
314 Gordon Avenue
Thomasville, GA 31792
Todd and Martelle Booth
321 Essex Street
Gloucester, MA 01930
George P. Butterworth and
Kathleen Butterworth
23 N. Water Street
Nantucket, MA 02554
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No:
028 -12
Owner /Applicant: SARAH F. ALGER, TRUSTEE OF
RARE HALF GAS NOMINEE 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.
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 42.4.2, Parcel 5 Lot 4, Plan Book 7, Page 40
82 Easton Street Book 869, Page 40
Limited Commercial
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, April 12, 2012, at 4 Fairgrounds Road,
Nantucket, Massachusetts, the Board made the following decision
on the application of SARAH F. ALGER, TRUSTEE OF RARE HALF GAS
NOMINEE TRUST, c/o Sarah F. Alger, PC, 2 South Water Street,
Nantucket, MA 02554, File No. 028 -12:
2. Applicant is requesting to modify (or effectively
abandon) the Special Permit relief granted in Zoning Board of
Appeals Decision Nos. 011 -04 and 041 -08 to allow the use of the
Locus to revert to a residential use, which is permitted as a
matter of right in the Limited Commercial zoning district. The
main structure on the Locus is nonconforming as to side yard
setback, being sited as close as 1.2 feet from the side yard
setback in a zoning district that requires a five (5) foot
setback. The structure and uses thereon otherwise conform to
the dimensional requirements of the Zoning Bylaw. The Applicant
proposed to convert the main structure to a primary dwelling and
to continue the existing garage /studio as such, but would like
the ability to convert the garage /studio to a secondary dwelling
in the future, in accordance with Section 139 -2 (definitions -
secondary dwelling) of the Zoning Bylaw. The Applicant is also
requesting Special Permit relief pursuant to Nantucket Zoning
Bylaw Sections 139- 33.A.(4) and (5) in order to alter the
preexisting nonconforming main structure within the side setback
without increasing the nonconforming distance to the setback any
more nonconforming. The Locus is situated at 82 Easton Street,
is shown on Nantucket Tax Assessor's Map 42.4. 2 as Parcel 5, is
shown as Lot 4 in Plan Book 7, Page 40, and is recorded in the
Nantucket County Registry of Deeds in Book 869, Page 40. The
site is zoned Limited Commercial.
1
3. Our decision is based upon the
accompanying materials, representations, and t
at our public hearing. There was no
recommendation on the basis that no matters of
were presented. There were no letters in
opposition to the application.
application and
estimony received
Planning Board
planning concern
favor of or in
4. Attorney Sarah F. Alger represented the Applicant at
the hearing. Attorney Alger explained to the Board that the
Applicant is requesting to modify (or effectively abandon) the
Special Permit relief granted in Zoning Board of Appeals
Decision Nos. 011 -04 and 041 -08 in order to allow the use of the
Locus to revert to a residential use, which is permitted as a
matter of right in the Limited Commercial zoning district.
The main structure on the Locus is nonconforming as to side yard
setback, having the corner boards sited as close as 3.3 from the
setback and the roof overhangs being sited as close as 2.0 feet
from the side yard setback in a zoning district that requires a
five (5) foot setback. The structure and uses thereon otherwise
conform to the dimensional requirements of the Zoning Bylaw.
Additionally, the Applicant is requesting Special Permit relief
pursuant to Nantucket Zoning Bylaw Sections 139- 33.A.(4) and (5)
in order to alter the preexisting nonconforming main structure
within the side setback without increasing the nonconforming
distance to the setback. The Applicant proposes to construct an
addition to the rear of the structure and to add a roof to the
porch in the rear of the structure. Both additions will be no
closer to the setbacks than the present structure.
Attorney Alger further explained that because the structure is
preexisting nonconforming, the Zoning Enforcement Officer
determined that the Applicant needed to come before the Board of
Appeals in order to alter the use of said structure, even though
said use is allowed by right in the Limited Commercial Zoning
District. The Applicant proposes to convert the main structure
to a primary dwelling and to continue the existing garage /studio
as such, but would like the ability to convert the garage /studio
to a secondary dwelling in the future, in accordance with
Section 139 -2 (definitions - secondary dwelling) of the Zoning
Bylaw.
5. 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.(4) and (5)
in order to renovate the preexisting nonconforming structure
E
would not increase the nonconforming nature of the structure and
would not be any more detrimental to the neighborhood than the
existing nonconformity. The Board of Appeals so finds that this
type of alteration would be in harmony with the general purpose
and intent of the Zoning Bylaw. Further, the Board finds that
changing the use of the main structure to a residence would be
keeping in harmony with the general purpose and intent of the
Zoning Bylaw.
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.(4)
and (5) can be granted in order to alter the preexisting
nonconforming main structure because said alteration will not
increase 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. Further, the Board found that
Applicant may abandon the restrictions of the permitted uses per
the previous decisions on the Locus and convert the main
structure to a single- family dwelling. Said Special Permit was
granted with the following conditions:
a. That all work shall be done substantially as shown on the
plan labeled, "As -Built Plot Plan in Nantucket,
Massachusetts ", dated March 15, 2012, revised May 11,
2012, prepared by Emack Surveying, LLC, attached hereto
as "Exhibit A" and substantially in accordance with
Certificate of Appropriateness No. 57507;
b. That there shall be no exterior construction between
Memorial Day and Labor Day of any year; and
c. That there shall be no work on Sundays.
SIGNATURE PAGE TO FOLLOW
3
Dated:
,2012
COMMONWEALTH OF' MASSACHUSETTS
Nantucket, ss. m (1 2012
F
On this day of `�� , 2012, before me, the undersigned Notary Public, personally appeared
�. 6,G , 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(9 /she signed it
voluntarily for its stated purpose.
otary Public:
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My commission expires: �� g
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I HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE
THAT THE PREMISES SHOWN ON THIS PLAN ARE
LOCATED WITHIN THE A -7, ELEV 8 ZONE AS DELINEATED
ON THE "FIRM" MAP OF COMMUNITY NO. 250230;
MASS. EFFECTIVE: 6 -3 -86, REVISED 7 -2 -92 BY
THE FEDERAL EMERGENCY MANAGEMENT AGENCY.
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FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN
RELIES ON CURRENT DEEDS AND PLANS OF RECORD,
VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREO
THIS PLAN IS NOT REPRESENTED TO BE A TITLE
EXAMINATION OR A RECORDABLE SURVEY.
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AS —BUILT PLOT PLAN
IN
NANTUCKET, MASSACHUSETTS
SCALE: 1"=20' DATE: MARCH 15, 2012
REVISED: MAY 11, 2012
DEED REFERENCE: DBK 869, PG 161
PLAN REFERENCES: PLBK 7, PG 40 &
LC PL 36477 —A
ASSESSOR'S REFERENCE:
MAP: 42.42 PARCEL: 5
PREPARED FOR:
RARE HALF GAS REALTY TRUST
EMACK SURVEYING, LLC
2 WASHAMAN AVENUE
NANTUCKET, MA. 02554
(508) 325 -0940
N.B. 19/23
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NOTE:
OFFICE BUILDING DOES NOT CONFORM
TO CURRENT ZONING REQUIREMENTS
A. WITH RESPECT TO SIDE YARD SETBACK.
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CURRENT ZONING: LC
MINIMUM LOT SIZE: 5,000 SF
MINIMUM FRONTAGE: 40 FT
FRONTYARD SETBACK: NONE
SIDE AND REAR SETBACK: 5 FT
ALLOWABLE G.C.R.: 50%
EXISTING G.C.R.: 30.1%±
EXISTING G.C. OFFICE: 1080 SF_
EXISTING G.C. GARAGE /STUDIO: 650 SF ±
J -639