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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: w C-3 M CD _0 rE � M (See attached Addendum) r tv rn N) 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notice posted with Town Clerk: / / Mailed:—/ / I &M: / / & /_/ Hearing(s) held on: /_/ Opened on: // Continued to:_/ /Withdrawn ?: / / DECISION DUE BY:—/—/— Made: / / Filed w/Town Clerk: / / Mailed: / / nW0TQYnN AUpTi AT.FTI?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 113 B 111 64 • 35 �J -1_ 64% 1,10 111 1 OB i , , , , 0 32 r e - , i� 1 1 22 , • 3 �, 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 BELIRM ONLY ORM ZONING QLASSIFIGATIONt EXISTINQ ENDOVV� S BE naN61 MIN. AREA': ... THE cERTIFYI G MIN. FRONTAGE: 6Ai4 FRONT YARD S.B.1 REAR & SIDE S. E3• , ;5.' F-7--- KCv(SE:. Ic)Bz:f5.f* GAJ?AGf:., 3(;7-1" ,F GROUND COVER (•), EASTON STKEET' BRICK siDrWALK r 5. 49. ZZ •13Z�, ' 54.7C ' I I iw3 4ZA.Z 74 s-r-F-F qF-;l GOOD N L BLACKWELL ND. &WU 1 STORY WOOD -FizAME SILD0. 6z (;Az&or ki, 4Z.42 `5 -A.4 I& 1; 11 Ji + O -YODI 300•71K IYAdrdr-;e� 13LAj4LJ NEZ urz BUILDING LOCATION PLAN OF LAND IN N-ANTU -a A S .6 --r - 04 SCALE, 1 - --20' DATE: Z) C. Z31 Z003 R,,CVjsr:,D. TAM- C, 2004- kZ.115jFD. 7-Zo-67 • Owner: THIS PLOT PLAN WAS PREPARED FOR THE' TOWN BUILDING DEPARTMENT ONL Y AND q- -4o Dead:. PlaPlan: BOOK 7 p OF NANTUCKET SHOULD NOT BE CONSIDERED A PROPERTY LINE --A37 ST.- . . . . . SURVEY, THIS PLAN ESTABLISH PROPERTY LINES, FENCES, HEDGES OR STRUCTURES .THE -PREMISES- f p�. . . . . . . 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. .20 NANTUCKET MASS- 02664 cZ5-4 ACCORDING TO CURRENT (608)'228-9026. B 62!5j ,acz(zP:.q.qnP MAP: PARCEL., .:�- - r.nRDED N rz, 11 -m ow ow 4. m D s -� €: �4 kS '� u - - -- PaRTITIeN- -%E K E.M—Sn �Y.I�T P�.RT IT t e N NEW PtRTlT loa+ 1! �100 1r 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 p ... 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 a 0 A a y a +a/ N N ■ 4 H H N H A pE pW4 U F Z a Q0 O U z 4 Y .9 p ji .3 A Iq a E H F H H H H H H H H H �yS WH W W U w W WW, Wy� W Wy� U W W W W W yy W N b m r m M r1 G1 m m N a Y O r m VI Y r r n r m N b m h n h b b N N N N m, m ri N m N ry nl m Y Y m W Y Y Y Y d Y 'f N a Y m 01 b O Y Y Y Y Y h .m m N h n Y m m m N m m 0 m m N m m m N AI PI m m O Y m O h Y ei m m m m m m h d m d Y m a m Y Y m m m mm[� qw z qw H H D . El H W m u W N m f -to El U-3 p N �pp77 p7 N N N 'i HH s ak sR ask! R U U W q 44 ory W m� [�b[yy SgyF�+�t W W W m N W W n 7 'ph1�y7i � 'j�p,7I.�i oNo p r a M V N m m N N. N. p N 0 0 N 'M h N R N W a a U, EA°x 0 W W U U U U v X 0 k k u ou H y m z N V y y N N Fi N d N u H H 94 N fyp N��y pg N7 N iq H PS H H Y hU W ry Q� H pNj � H Q a WeW.1 � W 07 � U� W tt�AA E a y �y IC OG H� HH E� El pp �-1 �F57 p p p jp�y� 8 Q p p W m Q O H N O ry N Y Iry h Y m m 0 0 �••1 .+ r•1 01 0 H O N h rl .-1 ei .� ry N 1'1 Y b Y m m ri N .i Ul a 0 rn 0 N 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: uuM My commission expires: �� g ,$ YPI-I W �t 0 r f 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. A1' A, , CTR CB FN D a a a U J 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. DHCB 3� a5; F36 l� Pi 10 P� LOT 4 \ \Ar 5742 ± SF Step � � P °tch Z .L \ � T \ o k \ 1% N ^\ � \0 O ge \ N 72 2 N 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 {C Ar NOTE: OFFICE BUILDING DOES NOT CONFORM TO CURRENT ZONING REQUIREMENTS A. WITH RESPECT TO SIDE YARD SETBACK. 4'X i• i L � \n o k VG \�2•�/ 'r' / y��N 0 neck N c9„ p°'ch oo< \1 1/2 S1Y�'\9' W/F GARAGE STUDIO 5 \ob 5 9 °09 v 6 p co do DHCB FN D e SoRis A• \ �c No RE \'DHCB (l1 FN XA NPN 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