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Home My WebLink About088-13 4 Darling Streetr Ti of Z o TOWN OF NANTUCKET ° m BOARD OF APPEALS m NANTUCKET, MA 02554 0 m f 3 p z w n APPLICATION R s A O Fee: $300.00 File No. Ownet's name(s): Charles A. Kilvert III and Emily H. Kilvert Mailing address: 4 Darling Street, Nantucket, MA 02554 Phone Number. 508- 228 -2026 1 -Mail ckilvert@me.com Applicant's ssame(s): same Mailing Address: Phone Number. Ffh4aiL Locus Address: 4 Darling Street Assessor's Map/Parcel: 42321190 Land Court Plan /Plan Book & Page /Plan File No.: Deed Reference /C- eeCfcat�esf3idr. 6771100 Zoning District ROH Uses on Lot- Commercial: None x Yes (describe) Residential: Number of dwellings 1 Duplex Apartments Date of Structure(s): all pre -date 7/72 X or Building Permit Numbers: Previous Zoning Board Application Numbers: 2 Fairgrounds Rwd Nantucket Massachusetts 07554 508- 228 -7215 telephone 508 -228 -7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for. The Applicants seek a Special Permit pursuant to Section 139- E(2)(a) to permit an increase of ground cover from 29.9% to 31.7% (81+ square feet) for the construction of a first floor kitchen in this pre - existing and nonconforming dwelling. (See Addendum "A ".) I certify that the information contained herein is substantially complete and true to the beat of my knowledge, under the pains and penalties of perjury. Charles A. Kilvert III and Emily H. Overt By Their Attorney: SIGNATURE: Owner* Kevin F. Dale, lwll SIGNATURE: pplicant /Attorney /Agent* *If an Agent is represen g the Owner or the Applicant, please provide a signed proof of agency. OFFICE USE ONLY Application received ont-j /f/?:l By MM CompleteM Need Copies: Filed with Town C1eek:J,_ Planning Boatd;JJ_ Building Dept: _ /_ / By Fee deposited with Town TxeasurecJJ_ By. Waiver requested: _ -3 Granted/M'/P Hearing notice posted with Town C1erk:_/ Madod/ ItrM�//`a& /:), / *Hearing(s)held one / /Opened on /tea / Continuedto s /rx /_;TWithdm.a/ia/, Deasion Due By: /M/ Made- /9/ Filed w /Town Clerk /01 Mailed: /-"--r 2 Fafagtomds Road Nanmcket Massachusens 02554 508 -228 -7215 telephone 50&228 -7298 facsimile ADDENDUM "A„ Charles A. Kilvert III and Emily H. Kilvert ( "Kilvert") are the owners of the pre- existing, non- confornang dwelling and lot located at 4 Darling Street, Nantucket, Massachusetts 02554 by virtue of the deed recorded in Book 677, Page 100 at the Nantucket Registry of Deeds ( "Property "). The Property is shown as Parcel 190 on Nantucket Assessor's Map 42.3.2 and has an area of approximately 4,468± square feet. It is located in the Nantucket Old Historic Zoning District ( "ROH ") which requires a minimum lot size of 5,000 square feet. The historic dwelling on the property is located 2.8± feet from the easterly side lot line; a minimum set back of 5.00 feet is required in the ROH Zoning District. The existing dwelling on the Property has a ground cover of approximately 1,336± square feet (29.9 %). The maximum allowable ground cover for lots of less than 5,000 of area is 30 %. The Applicants request a Special Permit from the Board of Appeals pursuant to Section 139- 33E(2)(a) of the By -Law to construct an 81+ square foot fast floor kitchen addition to the southerly side of their dwelling. This kitchen addition will be unobtrusive and minimal in size. After the kitchen addition is constructed, the dwelling will have a ground cover of approximately 1,417± square feet (31.7 %). The proposed kitchen addition will not be more substantially detrimental to the neighborhood than the existing historic dwelling because the kitchen addition is small and shielded by a row of cedar trees and plank fencing to is south and vegetative screening on its eastern side. For these reasons the Applicants respectfully request the Board to grant them a Special Permit pursuant to Section 139- 33E(2)(a) of the By -Law. Hi¢8A61E UNE aP oA FL 9C . sR N SEE 3 PG,11 iI 1885 J W �g �m 'W s� x EOw uNE DARLING STREET (1799 ROAD DO.BK.24 PG.133) (U,U BY Tiff u.O d 4AINTNNm 8Y 11£ TOW NO U T OR TAOK FW WU IN MWFAN IECONOS) SHOP 9UE% MG PMM CONVERT WSNNG a000EP0 TO YAlDINX �,. r vaoPOSm oEa: ANEA=4,46B±S.F. N/ LAH15 5 AT k ]RACEY HOPPE 5 A= 233 -ffi PLSKIH PG]5 OO.OK&8 PG.88 NOTE: STRUCTURE PREDATES ZONING JULY 27, 1972 CURRENT ZONING:ROH MINMUM LOT SZL'E000 SF. MINIMUM FRONTAGE50' FRONTYARD SETBACK:NONE SOE AND REAR SETBAN:5' ALLOWABLE G.C.R.:30% (50% SEE SECT. 139- 33E(2)(0) FSISTNG G.C.R:29.9% t (TO DORNERBOARDS) PROPOSED G.G.R.:31.7% 2 THE PREMISES SHOWN ON THIS PLAN ARE LOCATED WTHIN THE 'C ZONE AS OEJNEATED ON THE 'FIRM' MAP OF COMMUNITY NO. 250230 -0011 D; MAP EFFECRVE: TUNE 3, 1986 BY THE FEDERAL WERGENCY MANAGEMENT AGENCY. MAP REVISED JULY 2, 1992 FLR PRWQttt IdIE•@IQWINAIUW illB %DT RAN REI,&5 IXi dWiRFNT IXFLS MT BANS OF fffC4A. Jk19P BT NOT YFASIIRIM AS SHOW HEREON. TITS PVN N NOT R ECQR[lim TO BE A RRE EYAMINATM OR A HECtlWAB1E SRRVEY. C �feR i. tldm ¢�j MA PLOT PLAN 94 OARUNG STREET IN NANTUCKET, MASSACHUSETTS SCALEI' =10' DAMAO/09 /13 PAU 1. DEED REFERENCEDE. Bk 677, P9. 100 az0 a PLAN RE£ERENCENONE ASSESSOR'S REFERENCE MAP:423.2 PARCEL190 PREPARED FOR: CHARLES A. NILVERT, III & O /9�3 EMILY H. KILNERT SJRVEI'ORS LLC 9AWt pCIY(EWT MA NANTUCKET, 02554 70 R 4262165 a �I •'� 423214-7, _ 5232164 A ` ; az3321' 4232 11 A 443.2 i9 111 _ _ JV t' 42.3 1953219�UN l yprw µ .s n �MQ� 2r t; 42.32214 42 "32118 1 SL`s 4222192•'+" -a.254 4 32153 621191 4 .�[ 232121 413.2171 r72 I �� j43. 3.2117.1," �z� 4231M a23zs. • �.�a 4 OPPL4Ni�T 423.2195 42:32212 V`232219 �42.3.2162 , 42 2211 OA 42:3:211& 4 6�.. 55 ��i{{ 42.32114 3'.2115 1' 42`13089 - 1212 52 423215 42-32 113 t 42-21 G —4 32 158 4232162 4232'15B- a -� 42'3.2113 - t ay 423.2151 4232.159 _ �. 342's121i0 _ 42.3216.8 �. �.� , rw s2311 423.2112 42.3,2 108; \ -�S� •. /,�_ - \ • F 0.C` _2 3 2 183 . 423 2 105 i f q, 42x219 423248 423.2165 .. .12:3:250 42.3.2,ioa ,.e. A9 d2f32 48 1 1, 42 3 2-47 2,,43 ]� ,423245 `�. 423249., J[/5.4.16 } ' 1 _ - exwuc TOWN OF NANTUCKET s a BOARD OF APPEALS m NANTUCKET, MASSACHUSETTSf 25J54 COPY � Date: December 23,,,-Z012 o� To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 088 -13 Owner /Applicant: Charles A. Kilvert, III and Emily H. Kilvert 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. "-,-- Eleanor W. Antonietti, Zoning Administrator 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 - 325 -7587. NANTUCKET BOARD OF APPEALS 2 FAIRGROUNDS ROAD NANTUCKET, MASSACHUSETTS 02554 Assessor's Map 42.3.2, Parcel 190 Book 677, Page 100 4 Darling Street No Plan Residential Old Historic (ROH) DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals (Board) on Thursday, December 12, 2013, at 1:00 p.m., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of CHARLES A. KiLVERT, III and EMILY H. KILVERT, 4 Darling Street, Nantucket, Massachusetts 02554, File No. 088 -13: 2. The Applicants are requesting a Special Permit pursuant to Section 139- 33E(2)(a) of the By -Law to allow an increase of ground cover from 1,336+ sq. ft. (29.9 %) to 1,417+ sq. ft. (31.7 %) to construct a first floor kitchen addition on the southerly side of their pre- existing non- conforming dwelling at 4 Darling Street. The lot has an area of 4,468± sq. ft. and the structure is approximately 2.8± feet from the easterly property line at its closest point. A minimum lot area of 5,000 square feet and a minimum side yard setback of five (5) feet are required in the ROH Zoning District. The Locus is situated at 4 Darling Street and is more particularly described in the Applicants' deed recorded in Book 667, Page 100 at the Nantucket Registry of Deeds. 3. Our decision is based upon the application and accompanying materials, and representations and testimony at our public hearing. Attorney Kevin F. Dale presented the application and stated that the dwelling on the premises is a pre- existing non - conforming structure which existed prior to the enactment of the Zoning By -Law in 1972. He stated that the lot is non - conforming with respect to area having an area of 4,468+ sq. ft. and is located in the ROH Zoning District which requires a minimum lot size of 5,000 square feet. Mr. Dale also stated that the maximum allowable ground cover in the ROH District is 30% of lot area for lots with an area of less than 5,000 square feet. Mr. Dale said the applicants wanted to construct a kitchen addition to the southerly side of their dwelling with additional ground cover of approximately 81± sq. ft. He said the existing dwelling had a ground cover of 1,336± sq. ft. (29.99%) and the additional 81± sq. ft. of ground cover would create a new ground cover of 1,417± sq. ft. (31.7"/0), in excess of the 30% maximum ground cover ratio allowed for a lot with an area of less than 5,000 sq. ft. in the ROH Zoning District. Therefore, the applicants are requesting a Special Permit relief pursuant to Section 139 -33 E(2)(a) which allows ground cover in excess of 30% of lot area for undersized lots. The Nantucket Historic District Commission has approved this modest addition which will be screened by an existing stand of cedar trees and a plank fence. Therefore, the BOARD makes a specific finding that the proposed kitchen addition with an approximate ground cover of 81± sq. ft. is not substantially more detrimental to the neighborhood than the existing dwelling because the addition is modest in size, hidden from public view and is architecturally appropriate as detennined by the Nantucket Historic District Commission. 4. Accordingly, by UNANIMOUS VOTE of the sitting BOARD, the BOARD OF APPEALS grants a SPECIAL PERMIT for the relief sought by the Applicants pursuant to Nantucket Zoning By -Law Section 139- 33(E)(2) allowing the construction of an 81± square foot addition with following conditions: a. That there shall be no exterior construction for the proposed work, including the exterior use of power tools for interior work or for landscaping and hardscaping, between Memorial Day and Labor Day of any year; b. The proposed work herein shall be completed is substantial conformance with plan entitled "ZBA Plot Plan, #4 Darling Street, in Nantucket, Massachusetts ", dated October 9, 2013, prepared by Nantucket Surveyors LLC, attached hereto as "Exhibit A". # # # # # # # # # # # # # # # # # # # # # ## # ## SIGNATURE PAGE TO FOLLOW Assessor's Map 42.3.2, Parcel 190 4 Darling Street Residential Old Historic (ROM Dated: 1201 Book 677, Page 100 No Plan Michael O'Mara COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. 2-L4 , 2013 On this Z4 tt7 day of UUMbW , 2013 before me, the undersigned notary public, personally appeared d proved to me through satisfactory evidence of identification, which were I to be the person whose name is signed on the preceding or attached document, and . cknowledged to me that he /she signed it voluntarily for its stated purpose. �Cy�et i7. NOTAR PUBLIC LYNELL D. VOiLANS M Commissron'i - Notary Public �' Com My Comm of Massachusetts 'e�Y\vll // My Commission f 018 December 28, 2018 �g Y. I` FSHOE ONES IPIE II � \�M: PRvosED VEOK NJF LOSSS St >TIDt t 1MCC/ X(1°P€ SIATffii �d11 -1f8 R.PJ(.IB P6r]3 OD.BICB98 PLEB �i STRUCTURE PRIVATES 2tlNWOJULY 27, 197L CURRENT ZMINQRM 'MMMM OT 9ZE: MPIMM FRONTAGE400 10 S.F. _ TRONTYARO SETBACK,NONE 90E AND REAR SETBACK: S' YMS�TWC G.CA!29.9%z (TO C HEERW�S)�zHD) EFFECTIVE JUNE 3, 1986 BY THE FEDERPI EMERGENCY MANAGEMENT AGENCY. MAP REVISED JULY 2, 1992 FOR P� JJNE GEIFRINN0.110N MI9 PLOT RAN NOR' ON WFREIII' DEEDB AND PUNS OF RECD, 1401FD SY FltN REAAIREYQ:S AS .. XFf2DK. THIS PL IS NOT REPRESENTED TO BE A TIRE' EXAMNARON OR A flECVfAAD1E S .. ZBA PLOT PLAN txni #4 DA NG STREET IN PR09A9E lME � NANTUCKET, MASSACHUSETTS ,: SC 'V =10' DAMID/O9 /13 DARLING STREET wacl DEED RFFERENCLU,d. � 6n. P9. IM - (MIS ROAD DD.9C24 PG.133) m BS1u R. (US➢ BY ME PLH1L & AIANTIJIED BY PS TORN PREPARED FOR. - aR B - }jl ND OR IOU. IN.NODERN REMISS) /� Y � `T(Aff LLC I` FSHOE ONES IPIE II � \�M: PRvosED VEOK NJF LOSSS St >TIDt t 1MCC/ X(1°P€ SIATffii �d11 -1f8 R.PJ(.IB P6r]3 OD.BICB98 PLEB �i STRUCTURE PRIVATES 2tlNWOJULY 27, 197L CURRENT ZMINQRM 'MMMM OT 9ZE: MPIMM FRONTAGE400 10 S.F. _ TRONTYARO SETBACK,NONE 90E AND REAR SETBACK: S' YMS�TWC G.CA!29.9%z (TO C HEERW�S)�zHD) EFFECTIVE JUNE 3, 1986 BY THE FEDERPI EMERGENCY MANAGEMENT AGENCY. MAP REVISED JULY 2, 1992 FOR P� JJNE GEIFRINN0.110N MI9 PLOT RAN NOR' ON WFREIII' DEEDB AND PUNS OF RECD, 1401FD SY FltN REAAIREYQ:S AS .. XFf2DK. THIS PL IS NOT REPRESENTED TO BE A TIRE' EXAMNARON OR A flECVfAAD1E S .. ZBA PLOT PLAN #4 DA NG STREET IN NANTUCKET, MASSACHUSETTS SC 'V =10' DAMID/O9 /13 wacl DEED RFFERENCLU,d. � 6n. P9. IM smmDS PLAN REFERENCE:NCiE m BS1u ASSESSCYS REFERENCE MAP:4232 PARCEL•19O PREPARED FOR. - CHARLES A. KILY T, IN & /� WILY H. KILVERT LLC 5 MTM W AY�RV£YCRS NANTIICI�, M 02554