HomeMy WebLinkAbout077-12 7 I StreetFee: $300.00
RECEIVED
2012 DEC 7 RCI 1143
TOWN OF NANTUCKET NANTUCKET TOWN CLERK
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
File No. -Hl-
Owner's na ne(s): Anthony Colella and Maureen J. Dunphy
Mailing address: 330 East 43`d Street, New York, NY 10017
Phone Number. 508- 228 -0771 E -Mail: Richud @gliddenandglidden.com
Applicant's name(s): SAME
Mailing Address:
Phone Number. 508- 228 -0771 E -Mail: Ricbatd @gliddenandglidden.com
Locus Address: 7 I Street Assessor's Map /Parcel: 59.4 / 74
Land Court Plan /Plan Book & Page /Plan File No.: Lots 57 & 58 Land Court Plan 3092 -S
Deed Refetence /Certificate of Tide: Cert. of Tide 23741 Zoning District: VR
Uses on Lot- Commercial: None: Yes (describe)
Residential Number of dwellings: 1 Duplex _
Date of Structure(s): all pre -date 7/72: yes
Apartments
"1 Lx-t-
Building Permit Numbers: If, 11 t46 -11 '� ESL -it 159 -1Z
Previous Zoning Board Application Numbers: File 007 - 11
State below or attach a separate addendum of specific special permits or variance relief
applying for.
SEE EXHIBIT A
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: Ownce
SIGNATURE:
Applicant /Attomey /Agent*
*If an Attorney or other 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:—/—/_ 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Continued to*_/ —/_ Withdrawn.-_/—/_ Decision Due By:_/_/_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:_/ _/_
EXHIBIT A
Applicants are requesting special permit relief pursuant to Nantucket Zoning By-
Law sections 139 -33 A (4) and (5) — (alternation of pre- existing non - conforming
structure) by adding 2nd floor dormers and 2 "d floor deck to garage structure and
outdoor shower at grade. The pre- existing garage is located entirely without the
front -yard set -back. (measured from I Street). Applicant proposes to add
dormers and a 2 "d floor deck with exterior stairs. The dormers would be entirely
within the 30 foot front yard set -back and a portion of the 2 "d floor deck would be
within the front yard set -back, while the exterior stairs would be located outside
the set -back. A portion of the outdoor shower is located within the front yard set-
back. There will be no increase in the ground cover of the structure as the
proposed alteration is to provide living space above the existing garage. The lot
is non - conforming as to minimum lot size, having 12,000 square feet of area in a
zoning district that requires a minimum lot size of 20,000 square feet. The lot is
non - conforming as to ground cover having 15.3% ground cover in a zoning
district that allows 12.5% ground cover ratio. The proposed alterations will not
increase the ground cover ratio on the lot. Applicant has received HDC approval
for the proposed alteration (HDC No.
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Town of Nantucket
Zoning Board of Appeals
RECEIVED
BOARD OF ASSESSORS
NOV 16 2012
TOWN OF
NANTUCKET. MA
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER ..... ...... ....`........M�uRrW D4NPHa.
MAILING ADDRESS.... :.? E ti sT `� .,� tq u 1
PROPERTY LOCATION............1
t ...................... ...............................
ASSESSOR MAP/PARCEL........... . ................... I................
SUBMITTED BY ........................ .1
............... ...............................
SEE ATTACHED PAGES
I certify that the foregoing is a list of all persons 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 300 feet of the
property line of owner's property, as they appear on the most recent applicable tax
list (M.G.L. c. 40A, Section I I and Zoning Code Chapter 40A, Section 139 -29B
(2)•
DATE ASSESSOR'S O SPICE
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Cert: 23741 Doc: SP tL rn
Registered: 04/01/2011 09:13 AM r. j (.,
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: February 18, 2011
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the followina:
Application No: 007 -11
owner /Applicant: Anthony Colella a Maureen J. Dunphy
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, Nassachusetts 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 i to the Town Clark so
as to be received within such TWENTY ) ys.
r oola, Chairman
ca: Town Clerk
Planning Board
Building Commissioner /Zoning Eaforcemaat officer
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIM LIMIT
AND WILL EEPZBE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING
BY -LAN SECTION 139 -30 (SPECIAL PEANUTS); SECTION 139 -32
(VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD
OF APPEALS OFFICE AT 508- 228 -7215.
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NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road, Nantucket, Massachusetts 02554
Assessor's Map 59.4, Parcel 74
7 1 Street
Village Residential
DECISION
Lot 57 & 68
Land Court Plan 3092.5
Certificate of Title No. 23741
1. The Nantucket Zoning Board of Appeals held a public hearing on February
10, 2011, in the Garage Area at 2 Fairgrounds Road, Nantucket, Massachusetts,
regarding the application of Anthony Colella & Maureen J. Dunphy, 330 East
43b Street, New York NY 10017, Board of Appeals File No. 007.11. The Board
made the following Decision:
2. Applicants are requesting SPECIAL PERMIT relief pursuant to Nantucket
Zoning Bylaw Sections 139- 33.A.(4) and (5) (alteration of preexisting
nonconforming structure) in order to construct two new decks on the Locus. The
first deck would be sited on the northerly side of the property; would measure 8' x
24' and would extend the sideline setback encroachment a distance of 8 feet.
The porch addition would extend the northerly line of the existing dwelling so that
the line of the dwelling and the line of the porch would be 7.5 feet from the
sideline in a district that requires a 15 foot setback. The other deck is being sited
in the southwest comer of the existing dwelling. The existing dwelling is sited
approximately 19.3 feet from the front yard lot line in a zoning disWd that
requires a 30 foot front yard setback. This proposed addition will not intrude any
further into the front yard setback than the existing dwelling. The lot is also
nonconforming as to minimum lot size, having approximately 12,000 square feet
in a zoning district that requires a minimum lot size of 20,000 square feet; but,
the proposed additions will not increase the ground cover. The Locus is situated
at 71 Street, is shown on Nantucket Tax Assessor's Map 59.4 as Parcel 74, is
shown as Lots 57 & 68 on Land Court Plan 3092 -5, and is registered as
Certificate of Title No. 23741 in the Nantucket County Registry District of the
Land Court. The property is zoned Village Residential.
3. Our Decision is based upon the application and accompanying materials
and representations and testimony received at the public hearing. There was no
Planning Board recommendation on the basis that no matters of planning
133333
concern were presented. No abutter comment was received either in favor or in
opposition to the application.
4. Attorney Richard J. Glidden represented the Applicant. Attorney Glidden
explained to the Board that Applicants purchased this home in Madaket which
was built in the 1950's and wished to add a front porch and construct a rear deck
to replace an existing stone patio. The existing house violates both the sideline
setback on the easterly side of the house and violates the front yard setback on
the westerly side of the house. The proposed additions would not increase the
ground cover of the structure but would extend the easterly line 8 feet towards
Tennessee Avenue, and changing the patio to a deck with an outdoor shower
would extend the westerly sideline of the house a distance of 12 feet. Neither of
these changes would after the residential character of the structure and the
changes would be an improvement to the use and enjoyment of the house for
residential purposes. Further, this proposed addition will not intrude any further
into the front yard setback than the existing dwelling
5. Therefore, the Board finds that the proposed alterations will not be
substantially more detrimental to the neighborhood than the existing
nonconformity and will be in keeping with the residential character of the
neighborhood, and that the nonconforming distances of the setback intrusions
are not being made more nonconforming.
8. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board
GRANTS the requested relief by SPECIAL PERMIT, allowing the construction of
the front porch additional (8'x 24') and the deck addition (12'9° x 12') on the
southwest comer of the existing dwelling to be done in substantial conformity
with the plan entitled "Board of Appeals Plan, Nantucket, MA; prepared by On-
Island Surrey, Inc., dated January 5 2011, attached hereto as "Exhibit A."
SIGNATURE PAGE TO FOLLOW
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Dated: Auk `D Goff
APR 0 12011
1 CERTIFY THAT 20 DAYS HAVE ELAPSED AFTER
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COMMONWEALTH OF
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County of Nantucket, as
On this J.D— day of 2011, before me, the undemq ned notary public,,,
personally appeared (a) 1 personally known
to me, or (b) _ proved to me through satisfactory evidence of identification, which
was (type of identification) to be the person whose
name is signed on the preceding or attached document, and acknowledged to me that
he/she signed it voluntarily for its stated purpose. ...dwm�
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TOWN OF NANTUCKET 9 �,
BOARD OF APPEALS � m
NANTUCKET, MASSACHUSETTS 0255,] , s
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Date: January 11, 2013 J'
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No:
077 -12
Owner /Applicant: Anthony Colella and Maureen J. Dunphy
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 90A, 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.
q S f-4 Cmi
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 59.4, Parcel 74
7 I Street
DECISION:
Certificate of Title No. 23741
L.C. Plan 3092 -5, Lots 57 & 58
Village Residential
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, December 13, 2012, at 1:00 P.M., 4
Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of ANTHONY COLELLA AND
MAUREEN J. DUNPHY, c/o Glidden & Glidden, P.C., 37 Centre
Street, Nantucket, Massachusetts 02554, File No. 077 -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) in order to
alter and extend the preexisting nonconforming structure by
adding 2id floor dormers, a 2' floor deck, and an outdoor shower
at grade to the garage structure on the Locus. The garage
structure is presently sited approximately 6.3 feet from the
front yard lot line in a zoning district that requires a thirty
(30) foot front yard setback. None of the proposed alterations
will be closer to front yard lot line than the existing
structure. The structures on the Locus are also nonconforming
as to rear yard setback and ground cover, being sited as close
as 3.9 feet from the rear yard lot line in a zoning district
that requires a fifteen (15) foot side and rear yard setback and
having a ground cover ratio of about 13.5% in a zoning district
that allows for a maximum ground cover ratio of 10 %. The
proposed alterations to the structure will not increase the
ground cover on the Locus. The Locus is situated at 7 I Street,
is shown on Nantucket Tax Assessor's Map 59.4 as Parcel 74, is
shown as Lots 57 & 58 on Land Court Plan 3092 -5, and title is
registered in Certificate of Title No. 23741 in the Nantucket
County Registry District of the Land Court. The site is zoned
Village 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. Attorney Richard Glidden represented the Applicant the
hearing. Attorney Glidden explained to the Board that the
Applicants are requesting Special Permit relief pursuant to
Nantucket Zoning Bylaw Sections 139- 33.A.(4) and (5) (alteration
of preexisting nonconforming structures) in order to alter and
extend the preexisting nonconforming structure without
increasing the nonconforming nature of said structure.
The Applicants intend to add 2nd floor dormers, a 2nd floor deck,
and an outdoor shower at grade to the garage structure on the
Locus. None of the proposed alterations will increase the
ground cover ratio on the Locus, nor will they be any closer to
the lot lines than the existing structure.
The garage structure is sited approximately 6.3 feet from the
front yard lot line in a zoning district that requires a thirty
(30) foot front yard setback. The structures on the Locus are
also nonconforming as to rear yard setback and ground cover,
being sited as close as 3.9 feet from the rear yard lot line in
a zoning district that requires a fifteen (15) foot side and
rear yard setback and having a ground cover ratio of about 13.58
in a zoning district that allows for a maximum ground cover
ratio of 108.
5. Therefore, after a discussion with the Applicant, the
Board finds that such Special Permit relief pursuant to
Nantucket Zoning Bylaw Sections 139- 33.A.(4) and (5) in order to
construct 2nd floor dormers, a 2 1d floor deck, and an outdoor
shower to the garage structure on the Locus would be in harmony
with the general purposes and intent of the Bylaw and would not
be substantially more detrimental to the neighborhood than the
existing nonconformity.
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 Sections 139- 33.A.(4)
and (5) to allow 2nd floor dormers, a 2nd floor deck, and an
outdoor shower to the garage structure on the Locus would not be
substantially more detrimental to the neighborhood than the
2
existing nonconformity and would be in harmony with the purpose
and intent of the Zoning Bylaw with the following conditions:
a. That all work shall be done in substantial compliance
with Historic District Commission Certificate of
Appropriateness Nos. 58,765 and 58,766, as may be amended
from time to time; and,
b. That there shall be no exterior construction between
Memorial Day and Labor Day of any year.
SIGNATURE PAGE TO FOLLOW
7
Dated: lV ,2013
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. �u 2013
On this A!, day,of,100� 2013, before me, the undersigned Notary Public, personally appeared
U y f�. , 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 be /she signed it
voluntarily for its stated purpose.
Nouy blic: 3rk 6 ftnt.
My commission expires: +/1111jrr