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Home My WebLink About001-13 122 Main Street, tofalliFee: $300.00 TOWN OF NANTUCKET BOARD OF APPEALS RECEIVED NANTUCKET, MA 02554 2013 JBN 3 FM 1 40 NANTUCKET TOWN CLERK APPLICATION File No. UOI -1) Owner's name(s): Christopher G. Tofalli and Kimberly Roy Tofalli Mailing address: 8 Walnut Avenue, Larchmont NY 10538 Phone Number: 914 - 833 -0398 E -Mail: Kim.Roy @RalphLauten.com Applicant's name(s): Christopher G. Tofalli and Kimberly Roy Tofalli Mailing Address: 8 Walnut Avenue, Larchmont NY 10538 Phone Number: 914 - 833 -0398 E -Mail: Kim.Roy @RalphLauren.com Locus Address: 122 Main Street Assessor's Map /Parcel 42.3.3 - 100 Land Court Plan /Plan Book & Page /Plan File No.: Deed Reference /Certificate of Title: 1131/24 Zoning District: R - OH Uses on Lot- Commercial: None: x Yes (describe) n/a Residential: Number of dwellings: 2 Duplex n/a Apartments n/a Date of Structure(s): all pre -date 7/72: yes Building Permit Numbers: 2008 -0225 Previous Zoning Board Application Numbers: n/a State below or attach a separate addendum of specific special permits or variance relief applying for: Please see attached Exhibit A I certify that the information contained ,jz6ein is substantially complete and true to the best of my knowledge, under the pa# and penalties of perjury. Richard Owner* Power of Attorney *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 C1eek:JJ_ Planning Boud: —/—/_ Building Dept: —/—/_ By:_ Fee deposited with Town Treasurer: -/_ /_ By:_ Waiver requested:_ Granted:_/_ /_ Hearing notice posted with Town Cluk: —/_ /_ Mailed:_/_/_ I&M_/_ /_ &_/_/_ Hearing(s) held on.—/—/_ Opened on Continued to:—/—/— Withdrawn:—/—/— Decision Due By:—/—/_ Made:—/—/— Filed w /Town Clerk.—/—/— Mailed:_/ —/_ EXHIBIT "A" Applicant seeks a special permit pursuant to CH 139 H 33 E (2) (a) allowing an increase in ground cover from 34.7% to 42.8 %. Applicant has plans to renovate the building at 122 Main Street. The property is non - conforming containing 4,717 square feet of area in a zoning district requiring 5,000 square feet of area. The building is 2.2 feet, at its closest point, to the easterly side -line in a zoning district requiring a 5 foot set -back. The existing second dwelling violates the rear set -back being 4 feet in a district requiring a 5 foot set -back. The existing buildings have 34.7% ground cover in a zoning district allowing 30% for Lots of record under 5,000 square feet of area. (Board of Appeals may grant special permit to allow ground cover up to 50% for Lots of record). The height of the building is 33.5 feet in a zoning district where maximum height is 30 feet. Applicant proposes to add 382 square feet of ground cover to the main house. The addition will be on the west and south elevations and will comply with all set- backs. This proposed addition will increase the ground cover ratio from 34.7% to 42.8 %. There will be a second floor addition of 314 square feet which will have no impact on ground cover of the structure. The proposed addition will be under the 30.00 foot height limit and will not increase the existing height non - conformity. The existing second dwelling at the rear of the property will be converted to a studio, as the proposed addition to the main building will bring the building closer than ten feet, which is the required separation between a main house and second dwelling. I ! ZOMNC CLASSA7GTIONAt2l/warsac aw xxu ......,;0..,20.A b'T /7sS.F un<Fxoxrxe.......T'2 Rf FEP-NN rsG4 /!V STREET - YB.To B a• � oNn1Fa "� GO>T CQ uo.ozsc x/905 _ N/F D..E. B4CNC9 m Y4A TU.0 l fklNK...... MORTGAGE PLOT PLAN cmlur, m xxE eer ur ur xxommcg rwWr 0114M OF LAND IN - - 0 1xntm `u+°rxR°.r a/ mNnn Pnn uueor: NANTUCKET, MASS. s5axw -W .11. 0. fir Tf[ fFnwN. [MRiNCr Nl"N^+WFM MiNlY.61ECIM1E MR 4F WP6: NbrE4�R 41996 NA Sja /S�M1E: FiB. R,2c0$ AS PpMXA^JUY gfN¢D. 1xa xaPQTaI PUN wu PatPxau Fax uoxma[ Puxross OwR I: at:4E&7, GSF.YI1m. oxtt um rs xm io xE aws6rEVm a Fuu xsxa9m9r scxrtr. oeea /Cat:dYlY7� /.G9 rbn: 6Y.14 x.12. ➢M1S ftMV 9gI1Lp 1�tL@[ Inn ry R*9wia PxaRVtt N'Fc FFE % m MY Rmucnxa9 cx rxE P.R S. Tax NaPf,2?? - /4G Lowe: CZZt'(W5r492:7T txc PxwFRP! uus sROa weir ax axaNr xFms uro 9uxs w nttcwa ms iePxclrorl ouv rs rm w atRxncmaN A6 m >I� q< CHARLES W HART and ASSOC, I, awNExe9A w i14 fRaPFRry 9lawx 9atF9 w uVNxMC PROPBSSIVA Uo 6s m cuxx[xr maw SPRIBroRS as PVN swu xvr w us9 Fax W OM NRPME mNm 8 WILLLAI(S LANE xw9 ns mrrmm use sixo � NANTUCEBT, 1lA. 02554 tJxrt s.ti�o,1n r� NOT TO BE RECOROEII may. (508) P28 -8910 N 7cM h .z srr 1riF OR.<.cc.,rc 6C. 7LIZ (ur. sosJ �\ ,CGC y B a• � oNn1Fa "� GO>T CQ uo.ozsc x/905 _ N/F D..E. B4CNC9 m Y4A TU.0 l fklNK...... MORTGAGE PLOT PLAN cmlur, m xxE eer ur ur xxommcg rwWr 0114M OF LAND IN - - 0 1xntm `u+°rxR°.r a/ mNnn Pnn uueor: NANTUCKET, MASS. s5axw -W .11. 0. fir Tf[ fFnwN. [MRiNCr Nl"N^+WFM MiNlY.61ECIM1E MR 4F WP6: NbrE4�R 41996 NA Sja /S�M1E: FiB. R,2c0$ AS PpMXA^JUY gfN¢D. 1xa xaPQTaI PUN wu PatPxau Fax uoxma[ Puxross OwR I: at:4E&7, GSF.YI1m. oxtt um rs xm io xE aws6rEVm a Fuu xsxa9m9r scxrtr. oeea /Cat:dYlY7� /.G9 rbn: 6Y.14 x.12. ➢M1S ftMV 9gI1Lp 1�tL@[ Inn ry R*9wia PxaRVtt N'Fc FFE % m MY Rmucnxa9 cx rxE P.R S. Tax NaPf,2?? - /4G Lowe: CZZt'(W5r492:7T txc PxwFRP! uus sROa weir ax axaNr xFms uro 9uxs w nttcwa ms iePxclrorl ouv rs rm w atRxncmaN A6 m >I� q< CHARLES W HART and ASSOC, I, awNExe9A w i14 fRaPFRry 9lawx 9atF9 w uVNxMC PROPBSSIVA Uo 6s m cuxx[xr maw SPRIBroRS as PVN swu xvr w us9 Fax W OM NRPME mNm 8 WILLLAI(S LANE xw9 ns mrrmm use sixo � NANTUCEBT, 1lA. 02554 tJxrt s.ti�o,1n r� NOT TO BE RECOROEII may. (508) P28 -8910 N 7cM n.. / Aot � . ! \&�§ � • Q§ |)| � �| || | | �! TO; ONE )\ \\ � | |, ■E0 ■ I ■ ■ ■� ■■ � | |, X_ aZ9, Y Ow} V 6 x. x„ o� 4� x n :Q :v � oe.P 2F2F'2 n $ IJ_ • ALTERATIONS < ADDITION$ TO: z> 3 % ONE TWENTY-TWO MAIN STREET � 9 (» | - - -- - R | ,, If I| ` | | !/ \| | ( a § K § {| {| | ` ° ■ � � | ( § � § ) m _, KET I i I z Rfl RECENED BOARD OF ASSESSORS NOV 26 2012 Town of Nantucket TOW N OF NANTUCKET. MA Zoning Board of Anneals LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER...... K. LL. .......... ............... M e s ............................... � S q tit p 0.. MAILING ADDRESS ... .................'. 3V � .. °. y`. \u PROPERTY LOCATION....... aa.......`.:.....1................. ................... ASSESSORMAP/ PARCEL ....... LA a- ............................... -�,_ IS - �. v .................... SUBMITTED BY ................. e V ..................... ............................... 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 11 and Zoning Code Chapter 40A, Section 139 -29B (2). DATE VICE TOWN OF NANTUCKET INW��WwWwwWWWwwWWW .WWWWWWWWWWWWWWWWWW°WWWWWWWWW ° �. .... ....... m,.aa.0 wWw.enm,a .WU " ". au.W _ r = "��g�a yak 's:J SgS ggHasa "pS "s <p<`" �� sS " a�meaesaaHsasss ,mym��sasssHsssN° � ��msy,z$$ �c H H H 5 • :: : : :...... : : :i� |51||!!| gBg2�bQD ! - � ;.�� ;,.,.•. ;..; � ,§ (( B= ,§ �¢ �N °0qp TOWN OF NANTUCKET BOARD OF APPEALS n NANTUCKET, MASSACIIUSETTS12554 m s m �p c Date: February 14, °�M3 r^ a z � n r ,s To: Parties in Interest and Others concerned with th* Decision of The BOARD OF APPEALS in the Application of the following: Application No: 001 -13 Owner /Applicant: CHRISTOPHER G. TOFALLI AND KIMBERLY ROY TOFALLI 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 42.3.3, Parcel Deeds Book 1131, Page 24 100 122 Main Street Residential Old Historic DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, January 10, 2013, at 1:00 P.M., 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of CHRISTOPHER G. TOFALLI AND RINMRLY ROY TOFALLI, c/o Glidden & Glidden, P.C., 37 Centre Street, PO Box 1079, Nantucket, Massachusetts 02554, File No. 001 -13: 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 without increasing the nonconforming nature of the structure and Section 139- 33.E.(2)(a) to increase the ground cover ratio to approximately 42.8% where up to 50% is allowed by Special Permit. The Applicants propose to construct an addition to the main structure that will add about 382 square feet of ground cover to the main house. Said addition will comply with all setbacks. The Locus is nonconforming as to lot size, having about 4,717 square feet in a zoning district that requires a minimum lot size of 5,000 square feet; nonconforming as to setbacks by having the main house sited as close as 2.2 from the easterly side yard lot line and the secondary dwelling sited as close as four (4) feet from the rear yard lot line in a zoning district that requires a five (5) foot side and rear yard setback; nonconforming as to ground cover ratio, having a ground cover ratio of approximately 34.7% in a district that allows for a ground cover ratio of 30% for undersized lots, but up to 50% by Special Permit; and nonconforming as to height, having a maximum ridge height of approximately 33.5 feet where 30 feet is the maximum allowable height. The second dwelling at the rear of the property will be converted to a studio. The Locus is situated at 122 Main Street, is shown on Nantucket Tax Assessor's Map 42.3.3 as Parcel 100, and evidence of owner's title is recorded at the Nantucket County Registry of Deeds in Book 1131, Page 24. 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 were no letters of favor of, or in opposition to, the requested relief. 4. Attorney Richard Glidden represented the Applicant at 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) and Section 139- 33.E.(2)(a) in order to alter and extend the preexisting nonconforming structure without increasing the nonconforming nature of said structure. As a result of said additions, the ground cover on the Locus will increase to approximately 42.8% where up to 50% is allowed by Special Permit. The Applicants propose to construct an addition to the main structure that will add about 382 square feet of ground cover to the main house. Said addition will comply with all setbacks. The Locus is nonconforming as to lot size, having about 4,717 square feet in a zoning district that requires a minimum lot size of 5,000 square feet; nonconforming as to setbacks by having the main house sited as close as 2.2 from the easterly side yard lot line and the secondary dwelling sited as close as four (4) feet from the rear yard lot line in a zoning district that requires a five (5) foot side and rear yard setback; nonconforming as to ground cover ratio, having a ground cover ratio of approximately 34.78 in a district that allows for a ground cover ratio of 308 for undersized lots, but up to 50% by Special Permit; and nonconforming as to height, having a maximum ridge height of approximately 33.5 feet where 30 feet is the maximum allowable height. Furthermore, the second dwelling at the rear of the property will be converted to a studio. 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 F additions and alterations will be no closer to the easterly or southerly lot lines 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 all work shall be done in conformance with the plan entitled, "Alterations and Additions To: One Twenty -Two Main Street, Nantucket," prepared by McMullen & Associates, attached hereto as "Exhibit A "; and, b. 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 9 Dated: 4 2013 ;11w ard Toole COMMONWEALTH OF MASSACHUSETTS r Nantucket, ss. (y 2013 'r On this 19 dlayU�f KM 2013, before me, the undersigned Notary Public, personally appeared }W.� , 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 thatashe signed it voluntarily for its stated purpose. NotarfP u lic: My commission expires: M1' 1Ul- m � .� \ 9g � | � § Q§ | .m ONE TWENTY-TWO MAIN ee IN FIJI ƒ I* ... 41 ., | 6 .m ONE TWENTY-TWO MAIN ee IN FIJI ƒ I*