HomeMy WebLinkAbout068-12 5 Warren Street, Stuart Duty and Mary DutyFee: $300.00
RECEIVED
2012 1 pin 10 34
TOWN OF NANTUC 'ECG ET To04 CLERK
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
Owner's name(s): Stuart M. Duty and Mary A. Duty
File No. M_t7.
Mailing address: 170 Stanwich Road, Greenwich, CT 06830
Phone Number: 508 - 228 -4455 E -Mail: kevin @vdhlaw.com
Applicant's name(s): same
Mailing Address: same
Phone Number: 508 - 228 -4455 E -Mail: kevin @vdhlaw.com
Locus Address: 5 Warren Street Assessor's Map /Parcel: 55.4.1/93
Land Court P1anfPI=TB-ocrk- &-Page /-Plan- EiIL --Na.: 23876 -A, Lot 1
Deed Reference/ Certificate of Title: 24132 Zoning District ROH
Uses on Lot- Commercial: None x Yes (describe)
Residential: Number of dwellings 1 Duplex Apartments
Date of Structure(s): all pre -date 7/72 X or
Building Permit Numbers:
Previous Zoning Board Application Numbers: 004-02;050-10
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:
Applicants request a Special Permit under Section 139 -33A of the By -Law to construct a second
story addition to their pre- existing and non - conforming primary dwelling by raising the roof and
construction of a second story dormer which will create approximately 100 + /- sq. ft. of additional
second floor living space. -See Addendum "A" attached hereto.
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.
Stuart M. Duty and Mary A. Duty
By Their Attorney,
SIGNATURE:
Kevin F. Dale
SIGNATURE:
Owner*
/Attorney /Agent*
*If an Agent is represengg the Owner or the Applicant, please provide a signed proof of agency.
OFFICE USE ONLY
Application received on-,1.7,1 / =/ By: Complete Need Copies:
Filed with Town Clerk:_/_ /_ Planning Board:—/—/— Building Dept.:_ /_ /_'By:
Fee deposited with Town Treasurer:—/—/— ByM Waiver requested:
Granted. Hearing notice posted with Town Clerk:_ /_/ Mailed./
I&1Y1 //�' & /_ /_'.- Hearing(s) held on ;/ /_' ;Opened on
Continued to: /_ =/ Withdrawn/ /Decision Due By/
Made_/ / Filed w /Town Clerk•/ / = =_/ Mailed./fr
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508 - 228 -7298 facsimile
ADDENDUM "A"
Owners and Applicants Stuart M. Duty and Mary A. Duty ( "Duty ") ask the Board of
Appeals to grant them a Special Permit under Section 139 -33A of the By -Law to create
approximately one hundred (100+ ) sq. ft. of habitable space on the second floor of their pre=
existing, non - conforming primary dwelling by raising the existing roof and constructing a new
second story dormer.
The Property is located in the Residential Old Historic Zoning District ( "ROH "), has a lot
area of 4,538+ sq. ft., existing ground cover of 1,551+ sq. ft. (34.2 %), and frontage of sixty -nine
and 86/100 (69.86') feet. The Property is conforming as to ground cover (1,551 sq. ft.; 34.2 %)
and frontage (69.86 ft.). Minimum ground cover and frontage requirements in the ROH Zoning
District as 50% and 50 feet, respectively. There are two (2) dwellings on the Premises: a
primary dwelling with approximately 732+ sq.ft. of ground cover and a guest cottage with
approximately 819+ sq.ft. of ground cover. The Property is non - conforming as to lot size and
side line set back requirements. It has an area of 4,538+ sq. ft., a minimum lot area of 5,000 sq.ft.
is required in the ROH Zoning District. The primary dwelling is also non - conforming as to side
yard setback requirements. It has a side yard setback on its westerly side of 3.1+ ft., at its closest
point. A minimum five (5') foot side yard setback is required in the ROH Zoning District.
Duty intends to construct a second story dormer and raise the roof of the primary
dwelling to create approximately one hundred (100 sq.ft.) of additional living space on the
second floor. To do so, Duty plans to increase the first floor ground cover by approximately 8±
sq.ft. to 1,559+ sq.ft. or 34.35 %.
The proposed addition to the second story of the primary dwelling is modest and in
harmony with the other dwellings in the ROH Zoning District. The Nantucket Historic District
Commission has approved this addition to the Duty's primary dwelling which will not be
substantially more detrimental to the neighborhood than the existing primary dwelling.
Mr. and Mrs. Duty ask the Board of Appeals to grant this Special Permit.
I own ana uoymy Of NanILICKet -October 11, 2012
5 Warren Street
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Property Information
Property ID 5541 93
Location 5 WARREN ST
Owner MCKEE BARBARA R
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
/ SCALE:
1 "=20'
N
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I HEREBY CERTIFY THAT THE ABOVE MORTGAGE
INSPECTION WAS PREPARED FOR:
PROVIDENT FUNDING GROUP, INC.
IN CONNECTION WITH A NEW MORTGAGE AND IS NOT
INTENDED TO REPRESENT A PROPERTY LINE SURVEY. IT
CANNOT BE USED FOR ESTABLISHING FENCE OR BUILDING
LINES. THE LAND AS SHOWN HEREON IS BASED ON
CLIENT FURNISHED INFORMATION AND MAY BE SUBJECT
TO FURTHER OUT— SALES, TAKINGS, EASEMENTS AND
RIGHTS OF WAY.
I CERTIFY THAT THE STRUCTURES SHOWN ON THIS PLAN
IS LOCATED AS SHOWN AND TO THE BEST OF MY
KNOWLEDGE. DO NOT COMPLY WITH THE CURRENT
DIMENSIONAL REGULATIONS OF ZONING BY —LAWS OF THE
TOWN OF NANTUCKET AND IS NOT LOCATED IN A
SPECIAL FLOOD HAZARD AREA AS SHOWN ON THE
F.E.M.A. FLOOD INSURANCE RATE MAP No.
250230 - 0011 —D, dated 7/02/1992.
JOHN
R.
FARREN
No. 33590
PROFESSIONAL LAND SURVEYOR
Prepared By:
RAC KEN Engineering - Surveying
Environmental Permitting
19 Old South Road, P.O. Box 3525
Nantucket, MA 02584
Phone: 508-325-0044 Fax: 506-833-2282
i
E
ZONING CLASSIFICATION:
MINIMUM LOT SIZE
REQUIRED
5,000 S.F.
_g2
EXISTING
4,538± S.F.
MINIMUM FRONTAGE
50'
69.86'
FRONT SETBACK
0'
6.1'±
SIDE/REAR SETBACK
5'
0.3'±
GROUND COVER RATIO
50%
34.2%
(1.551± S.F.)
NOTE: LOT SUBJECT TO PROTECTION UNDER LUNINU
BYLAW 139 -33
NOTES
1. CURRENT OWNERS: BARBARA R. McKEE
2. DEED REFERENCE: L.C. CERT. 19992
3. PLAN REFERENCE: L.C. PLAN 23867 —A
MORTGAGE PLOT PLAN
IN NANTUCKET, MA
Prepared For.
PROVIDENT FUNDING GROUP, INC.
#5 WARREN STREET
MAP 55.4.1 PARCEL 93
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BoA Form Ce
2 -89
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
ASSESSOR'S LIST OF PARTIES IN INTEREST
PROPERTY OWNER: ,S r If, Nr IGrr gr /N �JTY /,,.4
APPLICANT FOR RELIEF (SAME? t� );
ADDRESS OF PROPERTY: S YIl*.) / v
ASSESSOR'S MAP - PARCEL:
O
LIST OF PARTIES INCLUDING ADDRESSES
*(OR SEE ATTACHED ):
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) appear on
the most recent applicable tax list [pe:- M.G.L. c.40A, §11 and Zoning Code
Chapter 139, §139-29D(2)] _
Date Assessor'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.
Submitted by Vaug 4DW_tfP C . �®
Date.
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John Brescher
From:
tru2002 @aol.com
Sent:
Monday, October 29, 2012 12:31 PM
To:
John Brescher
Subject:
Comments on 5 Warren St.
As an abutting neighbor to 5 Warren St. ( we are at 7 Warren St.) I would like the board to consider the character and size
of Warren St. as a whole when you review the height modification to 5 Warren St. We already have an out of character
house that was built up to it's current height prior to Warren St. becoming part of the ROH. If 5 Warren is allowed to gain a
height that is uncharacteritic to the rest of the street it will book end the houses inbetween and not blend in with it's
suroundings. I don't object to the rear expansion and the side setback being less than 5 feet. Please consider the rest of
this very quaint and old street when you review the requested roof height modification; that alone could have more of an
impact than the ground cover and side setbacks.
appreciate your work in helping to keep our quaint neighborhoods intact,
Thank you for your time.
Sincerely,
Carol Truffini
7 Warren St.
9
" TOWN OF NANTUCKET
BOARD OF APPEAL,
NANTUCKET, MASSACHUSETTS 0255
f 3 0
z o
n
Date: January 11, P�O1!r
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No:
Owner /Applicant: Stuart M. Duty and Mary A. Duty
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 I,.G
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 55.4.1, Parcel Certificate of Title No. 24,132
93
5 Warren Street Land Court Plan 23876 -A, Lot 1
Residential Old Historic
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, November 8, 2012, at 1:00 P.M., 4
Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of STUARY M. DUTY AND MARY
A. DUTY, c/o Vaughan, Dale, Hunter, and Beaudette, PC, 2
Whaler's Lane, PO Box 659, Nantucket, Massachusetts 02554, File
No. 068 -12:
2. Applicants are requesting Special Permit relief
pursuant to Nantucket Zoning Bylaw Sections 139- 33.A.(4) and (5)
(alteration of preexisting nonconforming structures) and 139 -
33.E(2)(a) (increase in ground cover ratio by Special Permit) in
order to create approximately 100 square feet of habitable space
on the second floor of the preexisting nonconforming dwelling by
raising the existing roof and constructing a new second story
dormer. The Locus is nonconforming as to minimum lot size,
having a lot area of approximately 4,538 square feet in a zoning
district that requires a minimum lot size of .5,000 square feet;
nonconforming as to ground cover ratio, having a ground cover
ratio of 34.2% in a zoning district that allows for a maximum
ground cover ratio of 30 %; and nonconforming as to side yard
setback, being sited as close as 3.1 feet from the side yard lot
line in a zoning district that requires a five -(5) foot side
yard setback. The proposed additions will increase the ground
cover by approximately eight (8) square feet and result in a
ground cover ratio of 34.35% where up to 50% is allowed by
Special Permit. The Locus is situated at 5 Warren Street, is
shown on Nantucket Tax Assessor's Map 55.4.1 as Parcel 93, is
shown on Land Court Plan 23876 -A as Lot 1, and title is
registered as Certificate of Title No. 24,132 in the Nantucket
County District of the Land Court. The site is zoned
Residential Old Historic.
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 was one letter in opposition to the
application on file. -
4. Attorney Kevin Dale represented the Applicant at the
hearing. Attorney Dale explained to the Board that the
Applicants are requesting Special Permit relief pursuant to
Nantucket Zoning Bylaw Sections 139- 33.A.(4) and (5) and 139 -
33.E.(2)(a) in order to alter the preexisting nonconforming
structure by adding approximately 100 square feet of habitable
space on the second floor by raising the existing roof and
constructing a new second story dormer. The proposed additions
will result in an increase of approximately eight (8) square
feet of ground cover and result in a ground cover ratio of
34.358.
The Locus is nonconforming as to minimum lot size, having a lot
area of approximately 4,538 square feet in a zoning district
that requires a minimum lot size of 5,000 square feet;
nonconforming as to ground cover ratio, having a ground cover
ratio of 34.28 in a zoning district that allows for a maximum
ground cover ratio of 308; and nonconforming as to side yard
setback, being sited as close as 3.1 feet from the side yard lot
line in a zoning district that requires a five (5) foot side
yard setback.
The Board asked Attorney Dale whether or not the proposed
alteration has Historic District Commission approval because the
nature of the letter in opposition to the project addresses
concerns that would have been raised at the Historic District
Commission. Attorney Dale informed the Board that the
Applicants have approval from the Historic District Commission
by virtue of Certificate of Appropriateness No. 58,496.
5. Therefore, after a discussion with the agent for the
Applicant, the Board finds that such a Special Permit for relief
sought by the Applicant pursuant to Nantucket Zoning Bylaw
Sections 139- 33.A.(4) and 139- 33.E.(2) in order to alter the
structure and add ground cover, as proposed, would not be
substantially more detrimental to the neighborhood because said
additions and alterations will be no closer to the westerly side
E
yard lot line than the existing structure and would be 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 grants a Special Permit for the relief
sought by the Applicant pursuant to Nantucket Zoning Bylaw
Sections 139- 33.A.(4) and 139- 33.E.(2) in order to alter and
extend the preexisting nonconforming single - family dwelling
without increasing the nonconforming nature of the structure
with the following conditions:
a. That the structure shall not get any closer to the
westerly side yard lot line;
b. That all work shall be done in conformance with Historic
District Commission Certificate of Appropriateness No.
58,496, as may be amended from time to time; and,
c. That there shall be no exterior construction for the
proposed work, including the exterior use of power tools
for interior work or for hardscaping, between Memorial
Day and Labor Day of any year.
SIGNATURE PAGE TO FOLLOW
3
` 015
Dated: �U ,281
COMMONWEALTH OF MASSACHUSETTS
Nantucket, as. �I91O b
On this � wh day , 9p1A., before the undersigned Notary Public, personally appeared
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 i& /she signed it
voluntarily for its stated purpose.
i
Notary Pubic:
My commission expires
M is_.