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TOWN OF NANTUCKET 4 o
BOARD OF APPEALS N
NANTUCKET, MA 02554 9 N
APPLICATION
Fee: $300.00 File No.''�
Owner's name(s): Todd D. Manning and Kathleen A. M -nninn0
Mailing address: 53 Avenue Forden, Westmount, Quebec, Canada H3YZY5
Phone Number: E -Mail:
Applicanes name(s): Todd D. Manning and Kathleen A. Manning
Mailing Address: c/o Glidden and Glidden, P.C.
37 Centre Street.
PO Box 1079
Nantucket, MA 02554
Phone Number. 508 - 228 -0771 E -Mail: Jessie @gliddemndglidden.com
Locus Address: 4 A Street Assessor's Map /Parcel: 60.2.4/70
Land Court Plan: Lots 147, 148,142,124 L.C. Plan 3092 -R
Deed°�afereg-- - - --- /Certificate of Title: 24507 Zoning District Village Residential
Uses on Lot- Commercial: None: Yes (describe)
Residential: Number of dwellings: 1 Duplex _ Apartments
Date of Structure(s): all pre -date 7/72:
Building Permit Numbers:
Previous Zoning Board Application Numbers: 080 -92
State below or attach a separate addendum of specific special permits of 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: 11 Owner*
SIGNATURE:
Apq cant /�t*
*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:,_/_ Budding Dept.:—L/— By:_
Fee deposited with Town Treasurer:_/_/_ By:_ Waiver requested:_
Granted:_/_/_ Hearing notice posted with Town Cletk: /J_ Mailed:—/—/_
I&M_ /_/_ &_/_ /_ Heating(s) held on: _/_ /_ Opened on :_ /_/_
Continued to:_/_ /_ Withdrawn:_/ _/_ Decision Due BY:—/—/—
Made:_ /_ /_ Filed w /Town Clerk:_ /_/_ Mailed:—/—/—
Exhibit A
Todd D. Manning and Kathleen A. Manning, the owners of the property at 4 A
Street, Nantucket, MA, hereby request Special Permit relief pursuant to Nantucket
Zoning Bylaw Sections 139- 33.A.(3),(4),(5) in order to alter the preexisting
nonconforming structures on the Locus.
The Locus is undersized for the Village Residential zoning district, having
approximately 19,065 +/- square feet in a zoning district that requires a minimum lot size
of 20,000 square feet. The Locus has the benefit of being a preexisting lot of record, by
virtue of a Board of Appeals Decision (Decision No. 080 -92) recorded as Document No.
58692 in the Nantucket County Registry District of the Land Court.
There are presently two structures on the Locus: a 909 square foot single - family
dwelling and a 230 square foot detached garage for a total ground cover of 1,1394 ±
(ground cover ratio of approximately 5.9 %). Pursuant to Nantucket Zoning Bylaw
Section 139- 33.E.(2)(b), undersized lots larger than 5,000 square feet are allowed the
greater of (i) 1,500 square feet of ground cover or (ii) the ground cover ratio of the zoning
district in which they are located. Because the Locus is situated in the Village
Residential zoning district, which has a maximum ground cover ratio of 12.5 %, the
structure is conforming with respect to the ground cover ratio of the Village Residential
zoning district.
However, the structures on the Locus are nonconforming as to rear yard setback.
The single - family dwelling is sited approximately 2.1 feet from the rear yard property
line and the garage is sited approximately 0.5 feet from the rear yard property line in a
zoning district that requires a ten (10) foot side and rear yard setback. The structures,
which predates the adoption of the Zoning Bylaw, have the benefit of being a preexisting
nonconforming structure with respect to rear yard setback.
The Meanings propose to demolish the garage and construct a 724 square foot
addition attached to the existing dwelling to replace the structure as shown on the site
plan prepared by ACKME Survey, LLC, dated June 7, 2013. At its closest point, said
addition will be as close as 0.5 feet from the rear yard lot line, but will be no closer to the
rear yard lot line than the existing garage/cottage. Additionally, the new ground cover
ratio will be approximately 8.5 %, still less than the maximum allowable ground cover in
the Village Residential zoning district.
The Meanings have received HDC approval for the proposed demolition and
additions (Certificate of Appropriateness Nos. 59766 and 59767, respectively). Further,
due to a bay window on the southerly side of the single - family dwelling, it would be
difficult to shift the addition further from the rear yard property line in compliance with
the setback requirement. Said window is shown on the submitted floor plans and
elevations.
Therefore, because the proposed alteration will be no closer to the rear yard lot
line than the existing garage and the proposed ground cover will still be less than the
maximum allowable ground cover for the Village Residential zoning district, the
proposed alteration to the structure will not be substantially more detrimental to the
neighborhood than the existing nonconformity and will be in harmony with the purpose
and intent of the Zoning Bylaw.
In the alternative, the Mannings are requesting Variance relief pursuant to
Nantucket Zoning Bylaw Section 139 -32 (Variances) from the intensity regulations in
Section 139 -16 in order to complete the work requested.
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058&92
`��wTUC,yfT TOWN OF NANTUCKET
=2� BOARD OF APPEALS
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NANTUCKET, MASSACHUSETTS 02554
Date: October. X 19
To: Parties in Interest and.Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: 080 -92
Owner /Applicant:
TURNER
HAROLD R. TURNER AND HELEN B.
Enclosed is the Decision of the BOARD OF APPEALS which has
this day been filed in 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 an complaint in 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. r
Dale `w. Waine . Chairman
cc: Town Clerk
Planning Board
Building Commissioner
P,,n , 7 0 LT 9 I Fi- I L
058692
ZONING BOARD OF APPEALS
to South Beach Street
Nantucket, Mass. 02554
Map 60 -2 -4 A Street, Madaket
Parcels 68, 69, 70, 71, 75, 76 8,399
R -2 10,494
At a Public Hearing of the Zoning Board of Appeals held at
1:00 P.M., Friday, September 11, 1992, in the Town and - County
Building, Broad Street, Nantucket, Massachusetts, on the
Application of HAROLD R. TURNER and HELEN B. TURNER, Box 782281,
Sebastian, Florida 32958, Board of Appeals File No. 080 -92, the
Board made the following DECISION:
1. Applicant is seeking relief by Variance under §139 -32A from
the requirements of §139 -16A (Intensity regulations - minimum lot
area) to allow the two lots to be validated as separately
marketable and buildable lots. In the alternative, Applicants
request a finding by the Board that the lots have not merged into
one lot for zoning purposes, and that the lots are two separate
lots. See BOA File No. 076 -85. The premises are located at A
STREET, MADAKET, Assessor's Map 60.2.4, parcels 68, 69, 70, 71,
75 and 76, as shown on Land Court Plan 3092 -R, Lots 124, 142,
147, and 148, and on Land Court Plan 3092 -12, Lots 249 & 250.
The property is zoned R -2.
2. The Decision is based upon the Application and materials
submitted with it, the testimony and evidence presented at the
Hearing, and no recommendation from the Planning Board.
3. Applicant presented evidence that the two parcels were both
developed with single - family residential structures and the two
lots were in separate ownership from before the adoption of
zoning on Nantucket continuously until the Applicant acquired the
second parcel (Lots 249 & 250) on April 4, 1983.
4. The lots were conforming at the time of their creation as
separate lots because there were no zoning requirements in effect
at that time.
5. As of April 4, 1983, when the lots came into common
ownership, the lots did not conform to the then existing zoning
requirements, lacking adequate area, and possibly having
inadequate frontage as well. The lots have not been conveyed
since that date.
4. Applicant's counsel argued that, under the Massachusetts
Appeals Court's ruling in Carciofi v Board of Anneals of
Billerica, decided in 1986, two developed lots for single- or
two - family residential use each of which had at least 5,000 S.F.
of area and 50 feet of frontage, conformed to zoning at the time
of their creation as separate lots, and which had come into
Application No. 080 -92
DECISION
common ownership after the zoning change with which they did not
comply, and which have not been conveyed since the zoning change
by a deed which describes the two parcels as one lot, would not
merge for zoning purposes and would retain their separate lot
grandfathered nonconforming protection.
S. The Board finds that the criteria set forth in Carciofi are
present in this Application, and by unanimous vote (Wain, Balas,
Williams, Leichter, and O'Mara in favor) the Board FINDS that the
two lots have not merged for zoning purposes, and that they are
separately marketable and buildable lots under the Zoning Bylaw.
6. The Board, by unanimous vote, GRANTS the Applicant's request
to be allowed to withdraw his request relief by Varian a,
without prejudice.
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40 A SECTION
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Town of Nantucket
Zoning Board of Atmeals
RECEIVED
BOARD OF ASSESSORS
MAY 16 2013
TOWN OF
NANTUCKET, MA
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF
PROPERTY OWNER....... pcP�......M. ? fl!. ..............................
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MAILING ADDRESS..........
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PROPERTY LOCATION ..... ......1.......A
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ASSESSOR MAP/PARCEL....... �.9..�......�..7
To ............................
SUBMITTED BY ............ , ..I
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)-
pt 6,13 � -)
DATE ASSESSOR'S OFFICE
TOWN OF NANTUCKET
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PAM Form
This agreement to extend the time limit for the Board of Appeals to make a decision, bold a public hearing, or
to take odor action coneeming the application of.
Todd and ]Cathleen Manning
Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act. Chapter 40A of
the rMassachusens General Isms, Appfiant(s) /Petitioner(s) and the Zoning Board of Appeals hereby agree to
extend the time limit
A' For a public hearing on the application
e- For. enimeo decision
O Forotheractio
Such application is:
O An appeal from the decision of any admioisuative official
4' A petition for a special perm t
O A petition for a variance
o An eetension
o A odifi a ti
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'flu nrn� time limit shall be midtdgln on , w_hich is nor cadicr than
a time limit set by statme or bylaw. �—
The Applicant (a), attorney, or agent for the Applicant represented ro be duty audsorized to act in this matter
for the applicant, in executing this agreement waives any rights under the Nantucket Zooing Bylaw and the
Scott Zoning Aa, as amend�renq bue only ro the extent. inconsistent with this agreement.
For Appli
For Zoning Board ofApp,,Is
'Loon Clerk Stamp:
Effecdtre lhtt of Agreement
2 Fairground. Road Nantucket Massachusetts 02554
508 -228 -7215 ndephone 508 -228 -7298 facsimile
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
File No. 040 -13
Map 6024 Parce1,70
This agreement to extend the time limit for the Board of Appeals to make a decision, bold a public hearing, or
to take odor action coneeming the application of.
Todd and ]Cathleen Manning
Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act. Chapter 40A of
the rMassachusens General Isms, Appfiant(s) /Petitioner(s) and the Zoning Board of Appeals hereby agree to
extend the time limit
A' For a public hearing on the application
e- For. enimeo decision
O Forotheractio
Such application is:
O An appeal from the decision of any admioisuative official
4' A petition for a special perm t
O A petition for a variance
o An eetension
o A odifi a ti
o
A
m
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m
M
v
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�uw4 - -- - _ - --
'flu nrn� time limit shall be midtdgln on , w_hich is nor cadicr than
a time limit set by statme or bylaw. �—
The Applicant (a), attorney, or agent for the Applicant represented ro be duty audsorized to act in this matter
for the applicant, in executing this agreement waives any rights under the Nantucket Zooing Bylaw and the
Scott Zoning Aa, as amend�renq bue only ro the extent. inconsistent with this agreement.
For Appli
For Zoning Board ofApp,,Is
'Loon Clerk Stamp:
Effecdtre lhtt of Agreement
2 Fairground. Road Nantucket Massachusetts 02554
508 -228 -7215 ndephone 508 -228 -7298 facsimile
Print Form
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TOWN OF NANTUCKET �
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BOARD OF APPEALS
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NANTUCKET, MA 02554
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WITHDRAWAL FORM
File No.040 -13
Map 6024 Parce170
APPLICANT(S): Todd & Kathleen Manning
UPON THE REQUEST OF THE APPLICANT(S) MADE:
PRIOR TO
x AFTER
PUBLICATION OF NOTICE OF A PUBLIC HEARING ON THE ABOVE CAPTIONED
APPLICATION, WE, THE NANTUCKET ZONING BOARD OF APPEALS:
ACKNOWLEDGE AS A MATTER
RIGHT AND WITHOUT PREJUDICE
K APPROVE WITHOUT PREJUDICE
APPROVE, BUT WITH PREJUDICE
THE WITHDRAWAL:
X IN FULL OF THE SAID
APPLICATION
OF SO MUCH OF SAID
APPLICATION AS:
The Zoning Board of Appeals
DATED: 2. Of. Pt Eleanor Weiler Antonietti,
Zoning Administrator
2 Fairgrounds Road Nantucket Massachusetts 02554
508- 228 -7215 telephone 508 -228 -7298 faesimile