HomeMy WebLinkAbout051-12 4 Derrymore RoadFee: $300.00
TOWN OF NANTUCKET
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BOARD OF APPEALS
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NANTUCKET, MA 02554
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APPLICATION
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File No.
Owner's name(s):
Mailing address: ! .1U /V a
Print Form
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Phone Number: 609- 7,19— 6 E -Mail: u,4" @r4wx4aeS up,[ I P C4(
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Applicant's name(s):
Mailing Address:
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Phone Number: ��' �?ig� OC b _E-Mail: aS Adel.$
Locus Address: 141 - Assessor's Map /Parcel: 24
Land Court Plan /Plan Book & Page /Plan File No.: j 3 r q 9 " A LaT jet 4
Deed Reference /Certificate of Title: ��l qQ I Zoning District 9-1
Uses on Lot- Commercial: None ✓ Yes (describe)
Residential: Number of dwellings j Duplex
Date of Structure(s): all pre -date 7/72 V/ or
Building Permit Numbers:
Apartments
Previous Zoning Board Application Numbers: pde
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:
'tt-0. 'f"eck
I certify that the information contained herein is substantially complete and true to the
best of my knowledge, under the pains and penalties of perjury.
SIGNATURE: A 04
Aft 0V J AVA)
weer'
SIGNATURE: r`cant /Attorney /Agent*
*If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency.
OFFICE USE ONLY
Application received on:_ / / By: Complete: Need Copies:
Filed with Town Clerk :JJ_ Planning Board Dept.:�J_ By:_
Fee deposited with Town Treasurer:—LL 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Continued to: / -/ Withdrawn: / /_ Decision Due By:—/—/—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
Our client, Mr. Andrew T. Perlman, the owner of the property at 4 Derrymore Road, has
previously requested relief by Special Permit for a change of use for an alteration of a
pre- existing nonconforming structure (sited within the side and rear setbacks) from a
garage to a studio /office, this was granted at the July meeting, however, there was a
stipulation that there would be no height change.
At this time we are requesting relief pursuant to Nantucket Zoning Bylaw Section 129 -
33.A.(4) (alteration of preexisting nonconforming structure) to allow the ridge of the roof
to be increased to fifteen feet as this was approved by the HDC (COA #57710). This
height was determined by the use as an office /excerise area, and to make the structure
viable for this usage the walls need to be elevated to permit equipment and create a space
that is not oppressive and allows for circulation of air with ceiling fans.
Town and Countv of Nantucket
June 18, 1U11
Property Information
Property ID 41 246
Location 4 DERRYMORE RD
Owner PERLMAN ANDREW T
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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
L
CURRENT ZONING CLASSIFICATION:
41 -247
Residential 1 (R -1)
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Existing:
MINIMUM LOT SIZE:
5000 S.F.
3,740 S.F.+
ro °�
MINIMUM FRONTAGE:
50 FT.
SEE PLAN
L.C.C. 13199 —A
FRONT YARD SETBACK:
10 FT.
SEE PLAN
PLAN BK. 1 PG. 25 W
1.52
REAR /SIDE SETBACK:
5 FT.
SEE PLAN
GROUND COVER %
30 %
28.0%
3 Lu' CHIMNEY
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2 '{S�,TyU
41 -134
8' S p C/F
1.90.1
N/F
C
/STEPS
LOKENSGARD, OLE
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PFND13
do MARY HEEN
DECK
DEED BK. 155 PG. 138
PLAN OK. 19 PG. 80
LOT 2
D11RRy41110R9'
41 -234
N/F
TAYLOR, ROBERT L
do DEBORAH A.
L.C.C. 23412 —C
CERT. #17077
LOT 5
i
J£FFREY
L
BLACKWELL
No.353W
�Nk TE 11 ¢t;
THIS PLOT PLAN WAS PREPARED FOR THE TOWN
OF NANTUCKET BUILDING DEPARTMENT ONLY AND
SHOULD NOT BE CONSIDERED A PROPERTY LINE
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 PLOT PLAN IS NOT A CERTIFICATION AS TO
TITLE OR OWNERSHIP OF THE PROPERTY SHOWN.
OWNERS OF ADJOINING PROPERTIES ARE SHOWN
ACCORDING TO CURRENT ASSESSOR RECORDS.
ASSESSOR MAP: 41. PARCEL: .246
T: \PAJEt JOB 24
C: \SPF \PROJ \PBO \B6682 \BLP.dwg 1/3/2006 10:00:20 AM EST
41 -135
N/F
STENDAHL, BRITA K.
DEED BK. 668 PG. 62
PLAN BK. 17 PG. 20
LOT 1
n/
41 -247
41 -245
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75`0p•
CARROLL JOHN B.
KENYON, ROWLAND A. JR.
k DORIS E
ro °�
k M ARY B. — TRS
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L.C.C. 13199 —A
DEED BK. 110 PG. 563
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CERT. x¢20881
PLAN BK. 1 PG. 25 W
1.52
LOT 7
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3 Lu' CHIMNEY
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2 '{S�,TyU
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1.90.1
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/STEPS
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FND.
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DECK
41 -234
N/F
TAYLOR, ROBERT L
do DEBORAH A.
L.C.C. 23412 —C
CERT. #17077
LOT 5
i
J£FFREY
L
BLACKWELL
No.353W
�Nk TE 11 ¢t;
THIS PLOT PLAN WAS PREPARED FOR THE TOWN
OF NANTUCKET BUILDING DEPARTMENT ONLY AND
SHOULD NOT BE CONSIDERED A PROPERTY LINE
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 PLOT PLAN IS NOT A CERTIFICATION AS TO
TITLE OR OWNERSHIP OF THE PROPERTY SHOWN.
OWNERS OF ADJOINING PROPERTIES ARE SHOWN
ACCORDING TO CURRENT ASSESSOR RECORDS.
ASSESSOR MAP: 41. PARCEL: .246
T: \PAJEt JOB 24
C: \SPF \PROJ \PBO \B6682 \BLP.dwg 1/3/2006 10:00:20 AM EST
41 -135
N/F
STENDAHL, BRITA K.
DEED BK. 668 PG. 62
PLAN BK. 17 PG. 20
LOT 1
n/
41 -236
N/F
NICHOLS, JEAN R.
HAMMOND. WILLIAM B.
DEED BK. 456 PG. 288
BUILDING LOCATION PLAN
OF LAND IN
NANTUCKET, MASS.
SCALE: 1 "= 20' DATE: JANUARY 3, 2006
Owner:. ANDREW ,T.. , PERAA4(AN ,
Cert: X21991. .Plan: LC.C. 131997A,,5heet 3,
Locus:..... 4 DERRYMORE, ROAD, , . _ . ,
BLACKWELL and ASSOCIATES, Inc.
Professional Land Surveyors
20 TEASDALE CIRCLE
NANTUCKET, MASS. 02554
(508) 228 -9026
F
41 -247
N/F
CARROLL JOHN B.
k M ARY B. — TRS
L.C.C. 13199 —A
CERT. x¢20881
4FND.
LOT N9
E
41 -236
N/F
NICHOLS, JEAN R.
HAMMOND. WILLIAM B.
DEED BK. 456 PG. 288
BUILDING LOCATION PLAN
OF LAND IN
NANTUCKET, MASS.
SCALE: 1 "= 20' DATE: JANUARY 3, 2006
Owner:. ANDREW ,T.. , PERAA4(AN ,
Cert: X21991. .Plan: LC.C. 131997A,,5heet 3,
Locus:..... 4 DERRYMORE, ROAD, , . _ . ,
BLACKWELL and ASSOCIATES, Inc.
Professional Land Surveyors
20 TEASDALE CIRCLE
NANTUCKET, MASS. 02554
(508) 228 -9026
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00 TOWN OF NANTUCKET
PLANINLML-T BOARD
(Special Permit)
RECEIVED
BOARD OF ASSESSORS
AUG 10 2012
TOWN OF
NANTUCKET, MA
LIST OF PARTIES rNINTEKEST IN THE MATTER OF TEE PETITION OF:
PROPERTY OWNER ................................ .................... ........
4:464 ILL
MAILING la, - il , T
PROPERTY LOCATION.. .................
ASSESSOR MAPiTARCEL ........ 4f ............ 1.11'.... , . - - I - - ...
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SUBMITTED ........
-A
SEE ATTACHED PAGES
I certify that the foregoing is a list of persons who are owners of:ibuttiri-
property, owners of land directly opposite or: jany public or private sheet or way;
and abutters of the abutters and ag other land oAT-ev wi:hin 300 feet of the
properly line o-fowner's property, a:I as they appear on the -mostrecenT applicable
tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139, Section 139-29P-)
(2),
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
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Date: October 12n cc
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To: Parties in Interest and Others concerned with 4w-hemVer4sion of
The BOARD OF APPEALS in the Application of the fo#oW ng v
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Application No: 051 -12 = u7
IOR
Owner /Applicant: ANDREW T. PERLMAN
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 41, Parcel 246 Land Court Plan 13199 -A, Lot N8
4 Derrymore Road
Residential - 1 Certificate of Title No. 21,991
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday,
September 13, 2012, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board
made the following decision on the application of ANDREW T. PERLMAN, 1730 N. Clark
Street, Apt. 2001, Chicago, Illinois 60614 -5859, File No. 051 -12:
2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw
Section 139- 33.A.(4) (alteration of preexisting nonconforming structure) in order to alter the
preexisting nonconforming structure on the Locus. The Applicant is proposing to increase the
height of the preexisting nonconforming studio to approximately fifteen (15) feet. The existing
studio is nonconforming as to side and rear yard setback, being sited approximately 1.52 feet
from the side yard setback and 1.85 feet from the rear yard setback .in a zoning district that
requires a five (5) foot side and rear yard setback. The Locus is situated at 4 Derrymore Road, is
shown on Nantucket Tax Assessor's Map 41 as Parcel 246, is shown on Land Court Plan 13199 -
A as Lot N8, and title is registered as Certificate of Title No. 21,991 in the Nantucket County
District of the Land Court. The site is zoned Residential — 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.
4. Nancy Drahzal represented the Applicant. Ms. Drahzal explained to the Board that the
Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139 -
33.A.(4) (alteration of preexisting nonconforming structure) in order to alter the preexisting
nonconforming studio on the Locus. The Applicant is proposing to increase the height of the
preexisting nonconforming studio to approximately fifteen (15) feet as allowed by Nantucket
Historic District Commission Certificate of Appropriateness No. 57,710. Said existing studio is
nonconforming as to side and rear yard setback, being sited approximately 1.52 feet from the
side yard setback and 1.88 feet from the rear yard setback in a zoning district that requires a five
(5) foot side and rear yard setback.
At the July 2012 the Applicant was before the Board of Appeals and was advised that if there
were any structural alterations to the studio, then Board of Appeals relief would be needed.
Accordingly, at the September 2012 hearing the Applicant is proposing to alter the preexisting
nonconforming structure by increasing the height to approximately fifteen (15) feet as allowed
by Historic District Commission Certificate of Appropriateness No. 57,710.
1
5. After discussion among the board members, the board finds that the proposed
alteration will be in harmony with the spirit and intent of the zoning by -law and will not be
substantially more detrimental to the neighborhood than the existing non - conformity on the locus
because the height of the studio is being increased to only approximately fifteen (15) feet.
6. Accordingly, by a unanimous vote of the board, the board grants the requested
special permit pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(4) allowing the alteration
to the preexisting nonconforming studio structure on the Locus with the following conditions:
a. That the studio shall not be used for human habitation and shall only have a
half -bath installed;
b. The height of the studio shall be increased to approximately fifteen (15) feet
as allowed by Historic District Commission Certificate of Appropriateness
No. 57,710, as may be amended from time to time;
c. Any further change in use to the studio shall require Zoning Board of Appeals
relief, and,
d. There shall be no exterior construction between Memorial Day and September
15th of any year.
SIGNATURE PAGE TO FOLLOW
Dated: 666rN lO , 2012
Nantucket. �SS (D , 2012
C�
Michae ng ast o
Geoffrey Thayer
COMMONWEALTH OF MASSACHUSETTS
On the I � day of 44:r , 2012, before me, the undersigned notary public,
l
personally appeared I �ii'1l'I /Ih�t�hi�� , one of the above -named members of
the Zoning Board of Nantucket, Massachusetts, personally known to e to be the person whose
name is signed on the preceding document, and acknowledged that 6)/she signed the foregoing
instrument voluntarily for the purposes therein expressed.
Notary Pub ' bAn Q t
My Commission Expires: o[1170m
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