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Home My WebLink About025-13 45 N. Liberty StreetRECEIVED 2013 MY 24 PR 1 32 TOWN OF NANTUCICESTUCKET TOWN CLERK BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $300.00 File No. O �✓ �I� Owner's name(s): William C. and Sheila D. Schwab Mailing address: 274 Beacon Street, Boston, MA 02116 Phone Number: 978 - 922 -2420 E -Mail: artsupply @nu.net Applicant's name(s): Jessie M. Glidden, Esq. Mailing Address: 37 Centre Street, Nantucket, MA 02554 Phone Number: 508 - 228 -0771 E -Mad: jessie@gliddenandglidden.com Locus Address: 45 N. Liberty Street Assessor's Map /Parcel 41/152 Land n /Plan Book & Page/Plan 01e ° "_ .: Plan Book 17, Page 145 Deed Reference /`'- "`moo -`- -`^� "-: Book 241, Page 184 Zoning District: ROH Uses on Lot- Commercial: None: Yes {deseribe) Residential: Number of dwellings: 1 Duplex Agents Date of Structure(s): all pre -date 7/72: Building Permit Numbers: Previous Zoning Board Application Numbers: State below or attach a separate addendum of specific special permits or variance relief applying for: Please see attached. 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. 697M Attorney/Agent!_ *If an Attomly or other Agent is representing the Ownet 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 Bond:JJ_ Building Dept.:—/—/— By:_ Fee deposited with Town Tteasuren_ //_ By._ Waiver requested:_ Granted: _/_ /_ Hearing notice posted with Town Clerk:_/ /— Mailed:_/_/_ Hearing(s) held on:_ /J_ Opened on :_/_/_ Continued to:_ /_/_ Withdrawn: _/_ /_ Decision Due By:—/—/— Made:_/_/_ Filed w /Town Clerk:_ /_/_ mailed:—/—/— Addendum "A" The applicants, Bill and Sheila Schwab, are requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 33.E.(2)(a) in order to increase the ground cover ratio on an undersized preexisting nonconforming lot to approximately 35.2 %, which is greater than the 30% ground cover ratio allowed by right for undersized lots, but less than the 50% ground cover ratio allowed for undersized lots in the Residential Old Historic (ROH) district by Special Permit. In the alternative, the applicants are requesting Variance relief pursuant to Nantucket Zoning Bylaw Section 139 -32 from the intensity regulations in Section 139 -16 (setbacks, ground cover) in order to perform the work proposed. The Locus, 45 North Liberty Street, is undersized for the ROH zoning district, having approximately 3,015 +/- square feet in a zoning district that requires a minimum lot size of 5,000 square feet. There is a single- family dwelling on the Locus that has a ground cover ratio of approximately 25.5 %, which is less than the 30% ground cover ratio allowed for lots smaller than 5,000 square feet. The structure, however, is nonconforming with respect to rear yard setback, being sited approximately 4.0 feet from the easterly rear yard lot line in a zoning district that requires a five (5) foot side and rear yard setback. Prior to the enactment of the Zoning Bylaw, the preexisting nonconforming lot was created by an Approval Not Required Subdivision in February ry 1972. Although it is unclear when the structure was erected, the Assessor's records indicate the structure was constructed in 1950 and there is no file at the Building Department to indicate the construction of the dwelling. Therefore, it is assumed that the structure predates the adoption of the Zoning Bylaw and is considered grandfathered with respect to setbacks. The applicants are proposing two additions totaling 290 +/- square feet to the single - family dwelling. Both additions will comply with all setbacks and will be no closer to the easterly rear yard lot line than the existing structure, as shown on the site plan entitled, "As -Built Plot Plan in Nantucket, Massachusetts," dated May 10, 2013, prepared by Emack Surveying, LLC, and attached hereto as "Exhibit A." Therefore, because the proposed additions totaling 290 +/- square feet will be no closer to the easterly rear yard lot line than the preexisting nonconforming structure and because other lots in the ROB have the benefit of a 50% ground cover ratio by right, the proposed additions and increase in ground cover ratio to 35.2% will not be substantially more detrimental to the neighborhood than the existing nonconformities and will be in harmony with the purpose and intent of the Zoning Bylaw. down and County of Nantucket Tway 10, 4u IJ 24.434 I6 14 �ti 10_. 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I�YYl r+ �G WEST V IC+ '. proposed.: addiUan .: driveway 'y I I C'7 CHESTER STREET 6 ... proposed'.'.'..'.'.' addition: NOTE: DWELLING DOES NOT CONFORM TO CURRENT �� ZONING WITH RESPECT TO SIDE YARD SETBACK EMACK No. 377,4 CURRENT ZONING: ROH �'As '°fclsiLeL` MINIMUM LOT SIZE: 5000 SF eqt IAOO MINIMUM FRONTAGE: 50 FT FRONTYARD SETBACK: NONE --7� SIDE AND REAR SETBACK: 5 FT ALLOWABLE G.C.R.: 307 (because lot is < 5000 SF) EXISTING G.C.R.: 25.57± EXISTING G.C.: 770 SF ± PROPOSED G.C.R.: 35.27 ± PROPOSED G.C.: 1060 SF'} FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN RELIES ON CURRENT DEEDS AND PLANS OF RECORD, VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TITLE EXAMINATION OR A RECORDABLE SURVEY. I+ LOT 4 3015 ± SF Cn 4.0' T propane tank O 41 -153 NIF WARREN L. GAIL E. BLOWERS 0 A r� ZN D 0 A A F AS —BUILT PLOT PLAN IN NANTUCKET, MASSACHUSETTS SCALE: 1 " =10' DATE: MAY 10, 2013 DEED REFERENCE: DBK. 241, PG 184 PLAN REFERENCE: PLBK 17, PG 145 ASSESSOR'S REFERENCE: MAP: 41 PARCEL: 152 PREPARED FOR: WILLIAM C. & SHEILA D. SCHWAB EMACK SURVEYING, LLC 2 WASHAMAN AVENUE NANTUCKET, MA. 02554 (508) 325 -0940 -1154 J u1 0 r+ �G WEST V IC+ '. proposed.: addiUan .: driveway 'y I I C'7 CHESTER STREET 6 ... proposed'.'.'..'.'.' addition: NOTE: DWELLING DOES NOT CONFORM TO CURRENT �� ZONING WITH RESPECT TO SIDE YARD SETBACK EMACK No. 377,4 CURRENT ZONING: ROH �'As '°fclsiLeL` MINIMUM LOT SIZE: 5000 SF eqt IAOO MINIMUM FRONTAGE: 50 FT FRONTYARD SETBACK: NONE --7� SIDE AND REAR SETBACK: 5 FT ALLOWABLE G.C.R.: 307 (because lot is < 5000 SF) EXISTING G.C.R.: 25.57± EXISTING G.C.: 770 SF ± PROPOSED G.C.R.: 35.27 ± PROPOSED G.C.: 1060 SF'} FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN RELIES ON CURRENT DEEDS AND PLANS OF RECORD, VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TITLE EXAMINATION OR A RECORDABLE SURVEY. I+ LOT 4 3015 ± SF Cn 4.0' T propane tank O 41 -153 NIF WARREN L. GAIL E. BLOWERS 0 A r� ZN D 0 A A F AS —BUILT PLOT PLAN IN NANTUCKET, MASSACHUSETTS SCALE: 1 " =10' DATE: MAY 10, 2013 DEED REFERENCE: DBK. 241, PG 184 PLAN REFERENCE: PLBK 17, PG 145 ASSESSOR'S REFERENCE: MAP: 41 PARCEL: 152 PREPARED FOR: WILLIAM C. & SHEILA D. SCHWAB EMACK SURVEYING, LLC 2 WASHAMAN AVENUE NANTUCKET, MA. 02554 (508) 325 -0940 -1154 ,$-5olo0 Town of Nantucket Zoning Board of Anneals RECEIVED BOARD OF ASSESSORS MAY 0 3 209 TOWN OF NANTUCKET, MA LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF PROPERTY OWNER...... MAILING ADDRESS....... v.!..1... Y?`^` �,IM.�{.�.....Y,^`1}}:'.:r,,.... PROPERTY LOCATION... . ....... Y' .. I ✓�. ... �.tl.4k� ................. ASSESSOR MAP/PARCEL .I�A.,1..II((..JJ.�I..... ..1 1(..I. -L 1. ! .............................. SUBMITTED BY ............. V.FI U,U.I„n... ... .4t A( \ .. ............................... 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) n A ASSESSOR'S OFFICE TOWN OF NANTUCKET n ]H pau A menwbmewmn�mnw rvw Fd �tl��u 6itkt9IDID6tti6. s...... s.LS SSRID� ....ni mnnnm.. a..nma. U...n..mmnm. m... n w m m m.rv.wm aaae�m :aod�r��am��rn ^�nomaaaoaos�s� 464d44tl= 0484444454 :C444tl444d4844444584 @44C44tl � e •off 5a� �;•tl��q @�eS��m ��m�pp�� u��g� � 8:aa�eana8dr?8snn:en:�:em.. ..d:r8aaa. °a:�n��.a, ~H gg 3y g ya a g g Yes qgqg Ril gg 33 � 3 R4 9m9 g 8 ggg�t�y g,.etl�4�� nm.x:www ,.... n.. . rv.. n n m mnnnm......nmmnn HdI g ~H gg 3y g ya a g g Yes qgqg Ril gg 33 � 3 R4 9m9 g 8 ggg�t�y g,.etl�4�� nm.x:www ,.... n.. . rv.. n n m mnnnm......nmmnn 41 41 41 RICCIO JOHN BEVIS CHRISTOPHER TRST ETAL VAN LIEU HILDEGARDH PO BOX 1044 BEVIS- NISHIMURA LIVING TRUST 44 N LIBERTY ST NANTUCKET, MA 02554 81 COLLEGE AVE NANTUCKET, MA 02554 LOS GATOS, CA 95030 41 41 41 GHRISKEY H WILLIAM TRST ETAL MCGIVNEY ANNE O & WILLIAM T KRIVIT HARRIET 1ST REPUBLIC INVESTMENT MGMT 227 RADNOR STREET RD 3 1/2 FRANKLIN ST 1230 AVE OF AMERICAS 2ND FLR WAYNE, PA 19087 NANTUCKET, MA 02554 NEW YORK, NY 10020 41 41 41 TOOKER MARCIA G GRILLO CHRISTINE A TRUSTEE RAND FRANK F 35 WEST CHESTER ST 43 W CHESTER ST REALTY TRUST 44 CHESTNUT STREET NANTUCKET, MA 02554 725 HARRISON AV APT E502 BOSTON, MA 02108 BOSTON, MA 02118 41 41 41 BERLIN HARRIET P GILLUM JAMES E JR & SARAH HORN WILLIAMS ERIC J III TRST 1170 OAKLEY PO BOX 1857 67 KAY STREET WINNETKA, IL 60093 NANTUCKET, MA 02554 NEWPORT, 11102840 41 41 41 NANTUCKET TOWN OF TOOLE BARBARA SYLVIA ROBERT I & NADEGE M 16 BROAD ST 50 NORTH LIBERTY ST 38 N LIBERTY ST NANTUCKET, MA 02554 NANTUCKET, MA 02554 NANTUCKET, MA 02554 41 41 41 BLOWERS WARREN L & GAIL E MARTIN NANCY A BURKE JANICE C TR 408 LATHROP AVE P 0 BOX 792 1 LAKEWOOD ROAD BOONTON, NJ 07005 NANTUCKET, MA 02554 NATICK, MA 01760 41 41 41 SHERAW THOMAS D TRUSTEE DREW MARY V PASK MARSHALL ROY IR TRUSTEE C/O SHERAW CHERYL C/O LAND JANE 1 FRANKLIN ST 49 LINDA CT 29 MOBEGAN RD NANTUCKET, MA 02554 DELMAR. NY 12054 LARCHMONT, NY 10538 41 41 41 GOLDBERG MARVIN L TRST BLOOM HOWARD S & SUSAN P HOYT MARGARET R TRST MLGREVOCABLETRUST 42 WEST CHESTER ST 717 ROSEWOOD AVE 8 GREENHOLM CIRCLE NANTUCKET, MA 02554 WINETKA, IL 60093 PRINCETON, NJ 08540 41 41 41 MILLER DEBORAH GLEE & SHEILDS CLAIRE L ORIORDAN COLM P & BRIGID T NAST CAROL ANN TRUSTEES 697 PRINCETON KINGSTON RD 46 W CHESTER ST 1117 HAMILTON AVENUE PRINCETON, NJ 08540 NANTUCKET, MA 02554 PALO ALTO, CA 94301 41 41 41 MONTGOMERY THOMAS M & MARGOT HOB13S STEVEN A & ELIZABETH D HELYAR JOSEPH PHILLIPS PO BOX 395 27 OX RIDGE LANE 2657 BIRCHWOOD DR NE NANTUCKET, MA 02554 DARIEN, CT 06820 ATLANTA, GA 30305 41 WEST CHESTER REALTY INC PO BOX 3270 NANTUCKET, MA 02584 41 WEST CHESTER REALTY INC C/O JOHNSON GAIL N PO BOX 3270 NANTUCKET, MA 02584 41 WEST CHESTER REALTY INC PO BOX 3270 NANTUCKET, MA 02591 41 RULEY MARGARET ANN 14 CROTON PLACE IRVINGTON, NY 10533 41 BARNES CURTIS L JR & JOAN TRST THE BARNES NOMINEE TRUST 12 SUNSET HILL LN NANTUCKET, MA 02554 41 GUSTAVSON FRED G 70 S STATE RD BRIARCLIFF MNR, NY 10510 41 MILLER DEBORAH GLEE & NAST CAROL ANN TRUSTEES 1117 HAMILTON AVENUE PALO ALTO, CA 94301 41 36 WEST CHESTER LLC 41 NOBADEER FARM RD NANTUCKET, MA 02554 41 FEINSTEIN LEONARD & EDITH 12 W 96 ST NEW YORK, NY 10025 41 MULLIN GERALDINE A& BARNOTH THOMAS 6 SUNSET HILL LANE NANTUCKET, MA 02554 41 HRONES JOHN A JR 53 COULTON PARK NEEDHAML MA 02492 41 CONLON HUGH W & SUSAN SANDLER 780 WEST END AV #9C NEW YORK, NY 10025 41 ATLEE ROBERT 4 SUNSET HILL LN NANTUCKET. MA 02554 41 MCGRATH MOLLY M TRST AGRMNT C/O 2 WHALERS LANE NANTUCKET, MA 02554 4243 ROREM NED TR 32 W CHESTER ST NOM TR 18 WEST 70TH STREET NEW YORK, NY 10023 TOWN OF NANTUCKET BOARD OF APPEALS z NANTUCKET, MASSACHUSETTS 02 §M ,n m n n s F L Date: August 16, 2013 0 3 o `z Co n � To: Parties in Interest and Others concerned with the Dec is no�ioof The BOARD OF APPEALS in the Application of the following: ; Application No: 025 -13 Owner /Applicant: William C. and Sheila D. Schwab 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 (Aa/ Hams. cc: Town Clerk V 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 152 Plan Book 17, Page 145 45 North Liberty Street Book 241, Page 184 Residential Old Historic IUxa16"Ul 1. The Nantucket Zoning Board of Appeals held a public hearing on June 13, 2013 and August 8, 2013, in the Community Meeting Room at the Public Safety Facility at 2 Fairgrounds Road, Nantucket, Massachusetts, regarding the application of William C. Schwab and Sheila D. Schwab, 274 Beacon Street, Boston, MA 02116, Board of Appeals File No. 025 -13. The Board made the following Decision: 2. The Applicants, Bill and Sheila Schwab, are requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Sections 139- 33.A(4), (5) and 139- 33.E(2)(a) in order to alter the existing single - family dwelling on the Locus by increasing the ground cover ratio on an undersized preexisting nonconforming lot to approximately 35.2 %, which is greater than the 30% ground cover ratio allowed by right for undersized lots, but less than the 50% ground cover ratio allowed by Special Permit for undersized lots in the Residential Old Historic (ROH) district. The Locus is situated at 45 North Liberty Street, is shown on Nantucket Tax Assessor's Map 41 as Parcel 152, is shown in Plan Book 17, Page 145, and evidence of owner's title is recorded in Book 241, Page 184 at the Nantucket Registry of Deeds. The property is zoned Residential Old Historic. 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 concern were presented. Abutter testimony in opposition to the requested relief was received at the June 13, 2013 hearing. 4. Attorney Jessie M. Glidden represented the Applicants. Attorney Glidden explained to the Board that Applicants are requesting relief in order to in order to alter the single - family dwelling on the Locus by increasing the ground cover ratio on an undersized preexisting nonconforming lot to approximately 35.2 %, which is greater than the 30% ground cover ratio allowed by right for undersized lots, but less than the 50% ground cover ratio allowed by Special Permit for undersized lots in the Residential Old Historic (ROH) district. The Locus, 45 North Liberty Street, is undersized for the ROH zoning district, having approximately 3,015 +/- square feet in a zoning district that requires a minimum lot size of 5,000 square feet. The existing single - family dwelling on the Locus has a ground cover ratio of approximately 25.5 %, which is less than the 30% ground cover ratio allowed for lots smaller than 5,000 square feet. The structure, however, is nonconforming with respect to rear yard setback, being sited approximately 4.0 feet from the easterly rear yard lot line in a zoning district that requires a five (5) foot side and rear yard setback. The Applicants are proposing two additions totaling 290 +/- square feet to the single- family dwelling. Both additions will comply with all setbacks and will be no closer to the easterly rear yard lot line than the existing structure, as shown on the site plan entitled, "As -Built Plot Plan in Nantucket, Massachusetts," dated May 10, 2013, prepared by Emack Surveying, LLC, and attached hereto as "Exhibit A." 5. Therefore, because the proposed additions totaling 290 +/- square feet will be no closer to the easterly rear yard lot line than the preexisting nonconforming structure and because conforming lots in the ROH have the benefit of a 50% ground cover ratio by right, the proposed additions and increase in ground cover ratio to 35.2% will not be substantially more detrimental to the neighborhood than the existing nonconformities and will be in harmony with the purpose and intent of the Zoning Bylaw. 6. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board GRANTS Special Permit relief pursuant to Nantucket Zoning Bylaw Sections 139-33.A(4),(5) and 139- 33.E(2)(a) allowing the proposed additions as shown on the site plan entitled, "As- Built Plot Plan in Nantucket, Massachusetts," dated May 10, 2013, prepared by Emack Surveying, LLC, and attached hereto as "Exhibit A." SIGNATURE PAGE TO FOLLOW Dated: erim Koseatac l e, - Susan McCarthy COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss On this Zq day of &�i 2013, before me, the undersign d notary public, personally appeared W pcf— (a) personally known to me, or (b) _ proved to me through satisfactory evidence of identif&afton, 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. F8103'9Z lees eeAq uwoo RYI 'S; Yl i0 TaaC0 Official Sign, lure and Seal of Notary Public IIEnd AUV1ON My commission expires: L= NOSOOOM 311531 Y m J a XK16)T A WEST CHESTER STREET 1 + to 1E jI+ driveway W I TD +I Z T 0 O 1A 0I Z O yZ C O x m H 4.0? T propane tank O 41 -153 BLOWERS N/F WARREN L. GAIL E. NOTE: DWELLING DOES NOT CONFORM TO CURRENT 8 EMACN ZONING WITH RESPECT TO SIDE YARD SETBACK Ma 3773 CURRENT ZONING: ROH . Mgr, "FSIS,,tt MINIMUM LOT SIZE: 5000 SF Mot t�NC MINIMUM FRONTAGE: 50 FT FRONTYARD SETBACK: NONE �-7L SIDE AND REAR SETBACK: 5 FT ALLOWABLE G.C.R.: 30% (because lot is < 5000 SF) EXISTING G.C.R.: 25.5 %± EXISTING G.C.: 770 SF ± PROPOSED G.C.R.: 35.2 %± PROPOSED G.C.: 1060 SF± FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN RELIES ON CURRENT DEEDS AND PLANS OF RECORD, VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TITLE EXAMINATION OR A RECORDABLE SURVEY. F AS —BUILT PLOT PLAN IN _NANTUCKET, MASSACHUSETTS SCALE: 1 " =10' DATE:MAY 10, 2013 DEED REFERENCE: DBK. 241, PG 184 PLAN REFERENCE: PLBK 17, PG 14E ASSESSOR'S REFERENCE: MAP: 41 PARCEL: 152 PREPARED FOR: WILLIAM C. & SHEILA D. SCHWAB EMACK SURVEYING, LLC 2 WASHAMAN AVENUE NANTUCKET, MA. 02554 (508) 325 -0940 ,1 -1154