HomeMy WebLinkAbout076-12 Johnson Sally & Kelly JohnsonTOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
Fee: $300.00
RECEIVED
2012 DEC 7 R9 11 43
NANTUCKET TOWN CLERK
File No. 07G
Owner's name(s): /l/l!SA/J 7 , fTeh*5, my 70miS 7 I lb
Mailing address: / 7 ia7 /P
Phone Number:jDf�a/w$/'j D'7417L� oyE�-- y /Myafl: {IIi.4COPa ry)nfdu ,
Applicant's name(s): /�H*YYL�t�n9�4 KW/ea 2-jow
Mailing Address: /5" pJ [c Y111� y- A kUt/1/ -f /YL# 00"5?q
Phone Number: e& %a Or/y7 E -Mail: o) tkoss 5e. gAAAp.&i,
Locus Address: /S A) l jag a5/.' Assessor's Map /PatceL_W-1�07_ i2'e_/,f U
Land Court Plan /Plan Book & Page /Plan File No.:
QtVk ill
Deed Reference /Certificate of Title: / O Zoninngg District &Ltl4 GeH
j{ed LWX -ez;0
Uses on Lot- Commercial: None es escribe) 6 w si` Hbu-$2 //.L�C//. (51-coI )
Residential: Number of dwellings Duplex Aparnuents Y ./
Date of Stmcture(s): all pre -date 7/72 1715 or
Building Permit Numbers:
Previous Zoning Board Application
2 Fairgrounds Road Nantucket Massachusetts 02554
508- 228 -7215 telephone 508- 228 -7298 facsimile
Nov 08 12 07'.41 p
P1
State helowar amch a separate addendrto oEspedSc special permits or valance relief applying for:
5(�t -fink �y�,{ t'�q.33A (4) Zant�(t1o�I-[a't(n'�ui �tfYiG�C.
It fib¢ Sht tLf Btu is Pee -Zw sh'i9, -, J
"'"- Cftkw're 2s Fo iLte U
sot red =dL„
I certify dut the imfmtnation contained h<+em is substantially complete and nut to the
hest of my 6nw coda thepsim andptmLim ofyetjmty-
SIGNATURE;= '•P /'/.- �H":'Omner'
SIGNAITIR6j � _Applicant /Armancy /Ag-e
"If amAgent is representing the Owner or the Apph=t, please provide a signed proof of aganry.
OFFIC'.E USE ONLY
Applimnonnceivedon, - /_j_'Br Complae_Necd Copiez�_
Filed with Town CLc& -f _Plamvmg Boatd:JJ_B-ddingDept:JJ_BF_
Fee deposited with Town TtasorerJJ_ BY -_ Waiver requested_
Granted:. /_! . Meting notice posted with Town Cledr;JJ_ Pdalc&.—JJ
feu\(_ %`:. /_ ee_,t l_.. Headng(s) held otr.'t. 4 /_.Opened on JJ
C ®tinned Withdcawn: /_ /_-Dudslon Due By_f
tdadv_'/ f._ Filed -/Town
t Fairgtouvds Rwd Nana. t htasuSussu. 02 -.ir
5D8 B -nm xeleph.. 308 -1 72986oimile
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Town of Nantucket
Zoning Board of Appeals
RECEIVED
130ARD OF ASSESSORS
NOV 13 2U
TOWN OF
NANTUCKET MA
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER...,k4.N.JIP.�G.� )..(4�. ^ / �� �..�1/Y.�.., /, '�r/✓..11 /U•�l/" �%��GvJ /
MAILING ADDRESS .....I . ,I J'''.. 41�. �fM�C, Ap:-k. .....!.Vr.4!!�1M�.`.' /I�.I!�I
PROPERTY LOCATION...�Sl//(N'
ASSESSOR MAP/PARCEL...'[.2.?!. ..I.`."::!^"
SUBMITTED ) ..........................
,W ;?4 07V7 Deb OS66 B WeA(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 I 1 and Zoning Code Chapter 40A, Section 139 -29B
(2).
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DATE 7 SSE SOR'S O FICE
TOWN OF NANTUCKET
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
Fee: $300.00
RECEIVED
2012 CEC 7 A19 11 43
NANTUCKET TOWN CLERK
File No. %6
Owner's name(s): 11411,5 ,�Oj 0,0/7/Xl &4� ✓e b
Mailing address:,(), A)(J/P,Q SJ-, AkoftAr 9/1 /;1_ 4 PO /
Phone Number 52ff _Wj' 0'7a%7 E -Mail i11ASSF.eiilWit.5e el NOhco �Cat,�
Applicant's name(s): a'n41111-s ff61 Z1) Lw_
Mailing Address: / (U, Ljq y: R)I�e"/
Phone Number: 5u 27f Dyrl —E-Mail: cJ tY055 se NkBtW' X4_
Locus Address: /S A) "&A n5/: Assessor's Map /Parcel:
Land Court Plan/Plan Book & Page /Plan File No.:
Qmk PU
Deed Reference /Certificate of Title: ef /ito Zoning District &h4l{ d �lpy„ue cez;,a
Uses on Lot- Commercial: None_ es escribe) 6Wt.B6% /�aC4C ""'Y�� Oraru5 J
Residential: Number of dwellings Duplex Apartments
Date of Structure(s): all pre -date 7/72 1 %95"
or
Building Permit Numbers:
Previous Zoning Board Application Numbers:
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -72B telephone 508- 228 -7298 facsimile
Nov 08 12 07'.41 p
P'
Scare below or atmcb a separate addendum of sped£c special permits m vasiasa cdlef applyulg for:
SpLEutt Rrn.L: t WnifY Iftn- 4.vt(D'a(i ,(C
u it e Uru au-je is pre ex zhr� J
V a' -Ca*", U fp lct.e
!Wck-rrd S16 both'
I certify that dre iofi awation crataind herein is substantially complete and true to the
bear of my knowledge, wider the pains and penalties of pajoty.
SIGNATUMEc i
SIGNATURS> pY1'rs- Applirsns /Ananry /Agent*
*If= Agent n representing the Owner m the Applicant, please provides, sigtred proof of agmry.
OFFICE USE ONLY
Appliatiar aeceivedos - /,.J_' Br._ Complete_ Need Copies:_.
Filed i& T. Cetk:f _Planning Board:JJ_ BtdldingDep2:JJ_ BT_
Pee dtpotited vdfhTown Ticasmt -1-J- Br.— Wama«gtxste&'__
Ha®g notice posted with Town ChatJJ hinted_!_/
held era:_ ".l:;j_. Opened on
Contmtted
hfadei_/ f_ Filed w%Iovm Qedr:�_' /_- DOailel_ /J_"
2 Fakgroaeda Road 2aansucMcr ?A.maausens V2
508.228 -t228 reteph.. 308- 124-7398f bttilc
,.H nInolonnnn esno� uotsea
Town of Nantucket
Zonina Board of Appeals
RECEIVED
BOARD OF ASSESSORS
NOV 1 3 2u..t
TOWN OF
NANTUCKET, MA
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER...+Jff : 4. N. eJ�/�./.y/,.IS�GL!�J..(.��..°.� / �� ..J/f,?�..,YU,."�,.CL...Il
MAILING ADDRESS .....!5. ''..4L�4.1�<�t(<�!p...... 1. .....V .. n!! K,.`....�,^'j//,1...��v,0n���
PROPERTY LOCATION...
ASSESSOR MAP/PARCEL .�.S. �7N2: YkYW. 1�.►. vPA . !t./ ...
..........................
SUBMITTED BY.. K. KL.!/••: anrf*• s�SY...( �iIJ• �:GG.I .........................
.gr;229 07V7 Deb OSits BWe6)
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 SSE SOR'S O FICE
TOWN OF NANTUCKET
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'0qp TOWN OF NANTUCKET y g
BOARD OF APPEALS � m
NANTUCKET, MASSACHUSETTS 1255s4 m
0 3 m
� o
z
Date: February 14, 2fl1
m N
a
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 074 -11
Owner /Applicant: SALLY R. JOHNSON, TRUSTEE OF THE
SALLY R. JOHNSON REVOCABLE TRUST AGREEMENT AS OWNER
DEBORAH ROSS AS APPLICANT
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 days.
IS 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 Deeds Book 811, Page 140
50
15 North Water Street Limited Commercial
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, January 14, 2013, at 1:00 P.M., 4
Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of SALLY R. JOHNSON,
TRUSTEE OF THE SALLY R. JOHNSON REVOCABLE TRUST AGREEMENT AS
OWNER; DEBORAH ROSS AS APPLICANT, 15 North Water Street,
Nantucket, Massachusetts 02554, File No. 076 -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 by changing the use from
residential to a Guest House and Section 139 -18(B) (parking by
Special Permit) to waive some of the required parking for the
Guest House use. The structure is sited approximately two (2)
feet from the side yard lot line in a zoning district that
requires a five (5) foot side and rear yard setback. A Guest
House is allowed by right in the Limited Commercial zoning
district. The Locus is situated at 15 North Water Street, is
shown on Nantucket Tax Assessor's Map 42.4.2 as Parcel 50, and
evidence of owner's title is recorded at the Nantucket County
Registry of Deeds in Book 811, Page 140. The site is zoned
Limited Commercial.
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 o£, or in
opposition to, the application.
1
.r
4. Deborah Ross represented herself at the hearing. Ms.
Ross explained that she is requesting Special Permit relief
pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(4)
(alteration of a preexisting nonconforming structure) in order
to alter the preexisting nonconforming structure by changing the
use from residential to a Guest House, which is an allowed use
by right in the Limited Commercial Zoning district.
The structure is sited approximately two (2) feet from the side
yard lot line in a zoning district that requires a five (5) foot
side and rear yard setback and therefore any change in use to
this structure requires approval from the Board of Appeals.
Ms. Ross explained that although there was no parking on the
Locus, there was adequate parking available on the adjacent lot.
This adjacent lot, Map 42.4.2, Parcel 51 is also owned by the
owner of the Locus. The parking on Map 42.4.2, Parcel 51 can
sufficiently accommodate the parking required under the Bylaw.
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 and 139- 18.B.(1) to
allow the change of use and to allow an off -site premises to
meet all of the required parking on the Locus would be in
harmony with the 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 Sections 139 -33.A. and
139- 18.B.(1) to allow the Locus to revert to a Guest House use,
which is allowed by right in this district, and to allow Map
42.4.2, Parcel 51 to be used for the required off - street parking
on the Locus would be in harmony with the purpose and intent of
the Zoning Bylaw with the following condition:
a. That this Special Permit to allow Map 42.4.2, Parcel 51
to be used to meet the required parking of the Locus (Map
42.4.2, Parcel 50) shall be in effect so long as Map
42.4.2, Parcel 51 and Map 42.4.2, Parcel 50 are in common
ownership or have a recorded lease or easement allowing
the Locus to use Map 42.4.2, Parcel 51 for the purposes
of parking.
SIGNATURE PAGE TO FOLLOW
2
It
Dated: I ,2013
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. IIcLLy ( If 2013
On this � day T_ AM .1,013, before me, the undersigned Notary Public, personally appeared
AtN 11r 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 /she signed it
voluntarily for its stated purpose.
N— annyP tic:
My commission expires: 11r11741N