HomeMy WebLinkAbout001-14 5 Franklin StreetRECEIVED
TOWN OF NANTUCKET X113 r:.EC 31 °n 1? 27
BOARD OF APPEALS ;!AI'JUGKET TOWN CLERK
.NANTUCKET, MA 02554
APPLICATION
Fee: $300.110 File No. q - (�
Owner's mane(s): Margaret Ann Ruley
Mailing address: 5 Franklin Street Nantucket, MA 02554
Phone Number: 914 -591- 0190 E -Mail: mnLey@j=etrotrosm.com
Apphcant's name(s): Val Oliver
Mailing Address: PO Box 3057 Nantucket, MA 02584
Phone Number. 508- 325 -4319 E- Marl:- ackvaI62 " com
Locus Address: 5 Franklin St Assessor's Map /Patcel 41 -391
Land Court Plan /Plan Book & Page /Plan File No.: Book 13 Page 18
Deed Reference/Certificate of Title: Book: 554 Page 172 Zoning District R -1
Uses on Lot- Commercial: None X Yes (describe)
Residential Number of dwellings: 1 Duplex Apartments
Date of Snucnue(s): all pre-date 7/72 X or
Building Permit Numbers:
Previous Zoning Board Application Numbers: #058 -99
2 Fairgrounds Road Nantucket Massachusetts 02554
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 applicant is seeking relief from side yard setback to construct a porch to replace esisting stoop,
As well as, 2 steps. The present structure is 3' from the property line and the new steps will be
located approximately 1' from the way property line. No further non conformity is requested. The
HDC has approved the alteration and has issued COA #60476 on 10/22/13.
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: r*
Owne
\ I
SIGNATURE: y Applicant /Attomey /Agent*
*If an 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: —/—/_ Building Dept:, —/_ Bp._
Fee deposited with Town Treasurer.Jj_ By._ Waiver requested—
Granted_/ _/_ Hearing notice posted with Town Clerk: —/—/— Mailed:JJ-
I&Mii_ &JJ_ Hearing(s) held omJJ— Opened on :-J-1-
Continued m:_/ —/_ Whhdrawu:JJ— Decision Due By:_/J_
Made:JJ_ Filed w /Town Clerk:—/—/— Mailed:—/J-
2 Fairgrounds Road Nantucket Massachusetts 02554
508 -228 -7215 telephone 508- 228 -7298 facsimile
November 18, 2013
Zoning Board of Appeals
Town of Nantucket, MA
I, Margaret Ruley, as the owner of 5 Franklin Street, give Val Oliver power to ac[ on my behalf as an
agent for fling an application to the Zoning Board of Appeals to further alter my house.
Sincerely,
ti
Margar t uley Lovett
I0 MVJ,PatAA72
QUITCLAIM OE®
I, Mary L. Nuley, of P.O. Sea 703, Nantucket, MA 02554,
for consideration paid in the aaount of $260,060.00,
do hereby grant to Margaret Ann Ruley, of 310 East 44" Street,
11203, New York, NY 10017,
with QUITCLAIH COVENANTS the following:
The land with all improvements thereon in the Tom and County of
Nantucket, Commonwealth of Maesaohueetts, situated at 5 Franklin
Street and bounded and described as f- ll-ws:
SOUTHERLY by Franklin Street, 57.80 feat;
MESTERLY by land now or forserly of Iawrance P.
Mooney at uk, 64.50 feet;
NORTHERLY by land now or foreerly of Alice P.
Nickerson, $5.30 feet; end
EASTERLY by a Way, on LW- course-, 76.55 feet
Said land is shown on a Plan dated Nay 1947 and recorded in Plane
Book 13, Page 18 at the Nantucket Registry of Oaeda. -
Said land is subject to a Sewer Easement recorded in Sock 214,
PAge 323 at said Registry.
Said land is eonveysd subject to real estate takes assessed by
the T n of Nantucket for ins fiscal year 1998.
POr title reference wee the deed recorded in Seek 115, Pas- 161
at said Registry.
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CEBTIFKIATE NO: 4 7 G, : DATE ISSUED: !�
Appl albnto the HISIDHIC DISTRICT COMMISSION, Nantucket Meaaadlusel6. M is
CERTIFICATE OF APPROPRIATENESS
mrdmcardaork.
Aff darks moat be fillstl In using BLUE OF BLACK INK (no pencil) or ma*W WA.
NOTE: H Is strongly rec nletha etl Nat the applicant be familiar with Me HOC guldelircs, Building will Nantucket In Need grip to submittal of application.
gg Pleads sea other elite for submitted moulrements. Incomplete applications will not be divMwetl by IN HDC.
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TAX MAP N °: 4I PARCEL W. 391 Mum Nadetlwby: l7- C)�� /J
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I hereby emmome the agent named cooks to act en my behalf to make changes in me senficatens or Me glare contained in this application in odor to biuq me applica-
gm Into compliance with the HCL guldillnes. I Nreby sigma to adtla by and compy with IN Ierds antl csAMd s M in appllmaiiw, I Nraby agree that the suhmission of
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11Ai�� TOWN OF NANTUCKET
BOARD OF APPEALS FP 2 03
NANTUCKET, MASSACHUSETTS 02554 L i CLE K
Date: January 9, 2015
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 01 -14
Current Owner / Applicant:
MARGARET ANN RULEY
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.
4e��zg, 6,_
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.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 41, Parcel 391
5 Franklin Street
Residential One (R -1)
DECISION:
Book 554, Page 172
Plan Book 13, Page 18
1. At a public hearing of the Nantucket Zoning Board of Appeals (Board) on
Thursday, January 9, 2014, at 1:00 p.m., at 4 Fairgrounds Road, Nantucket, Massachusetts, the
Board made the following decision on the application of MARGARET ANN RULEY, of 14
Croton Place, Irvington, New York 10533, File No. 01 -14:
2. The Applicant is requesting Variance relief pursuant to Zoning Bylaw Section
139 -32 from side -yard setback requirements pursuant to Section 139 -16 to allow the construction
of a porch to replace the existing stoop as well as two steps, which will further reduce the pre-
existing non - conforming setback distance from three (3) feet to one (1) foot. In the alternative,
Applicant seeks Special Permit relief from side -yard setback requirements pursuant to Section
139 -16 for said alteration and expansion of a pre- existing nonconforming structure. The Locus is
situated at 5 Franklin Street, is shown on Nantucket Assessor's Map 41 as Parcel 391, upon Plan
Book 13 Page 18, and evidence of owner's title is recorded at Book 554 Page 172 on file at the
Nantucket County Registry of Deeds. The site is zoned Residential One (R -1).
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 of, or in opposition to, the application.
4. Vallorie Oliver represented the Applicant at the hearing. Ms. Oliver stated that the
dwelling on the premises is a pre- existing non - conforming structure built in 1954, and thus pre-
exists the enactment of the Zoning By -Law in 1972. The Locus is pre- existing non - conforming
with respect to the side and rear yard setbacks with the single family dwelling currently being
sited as close as three (3) feet from the easterly side yard lot line, two (2) feet from the westerly
side yard lot line, and the garage /studio being sited as close as one (1) foot from the westerly
side yard lot line and less than five (5) feet from the rear (northerly) lot line in a district that
requires 5 (five) foot side and rear yard setbacks; with respect to lot area having an area of 4,005
square feet in a zoning district which requires a minimum lot area of 5,000 square feet; with
respect to ground cover ratio with 38.2% existing in the R -1 Zoning District which allows a
F)
maximum of 30% for undersized lots; with respect to parking with no parking space being
provided on -site and parking being located in an adjacent "Way "; and, with respect to front yard
setback with the single - family dwelling being situated as close as approximately 3.8 feet from
the front lot line on Franklin St. in a zoning district with a minimum front yard setback of ten
(10) feet, all as shown "Building Location Plan of Land in Nantucket, Mass. ", prepared by
Charles W. Hart & Associates, Inc., dated December 11, 1998, a reduced copy of which is
attached herewith as "Exhibit A ". Ms. Oliver said the applicant proposes to construct a porch
addition on the northeasterly corner of the dwelling which will further increase the side yard
setback intrusion, being sited as close as one (1) foot from the easterly side lot line.
The locus was granted Nantucket Historic District Commission approval for this addition (see
Certificate of Appropriateness 60476).The locus also benefits from a prior Zoning Board of
Appeals Decision (ZBA File No. 058 -99) which granted Special Permit relief pursuant to
Nantucket Zoning By -Law Section 139 -33.A for demolition and renovation of a portion of the
garage studio which did not result in an increase to any pre- existing non - conformities.
Therefore, after a discussion with the Applicant's representative, the BOARD makes a specific
finding that, while the proposed work does not meet the criteria for the granting of a Variance,
Special Permit relief may be granted pursuant to 139- 33.A(5) if the proposed porch addition is
sited no closer than three (3) feet from the easterly side yard lot line. With this specific condition,
the proposed alteration would not increase the non - conforming side yard setback and would not
be substantially more detrimental to the neighborhood than the existing dwelling.
5. Accordingly, by UNANIMOUS VOTE of the sitting BOARD, the ZONING
BOARD OF APPEALS grants a SPECIAL PERMIT for the relief sought by the Applicant
pursuant to Nantucket Zoning By -Law Section 139- 33.A(5) allowing the construction of porch
addition with following conditions:
a. That the porch will be sited no closer to "The Way" than three (3) feet, thereby not
increasing the existing non - conforming side -yard setback.
3
Assessor's Map 41, Parcel 391
5 Franklin Street
Residential One (R -1)
Dated:
2014
Book 554, Page 172
Plan Book 13, Page 18
Susan McCarthy
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss
On the 31St day of I,XCtW1.,0 -0� -, 2014, before me, the undersigned notary public, personally
appeared L 1 -S ck- _ {? r,.4� (2e UL ;I , one of the above -named members of the
Zoning Board of Nantucket, Massachusetts, personally known to me to be the person whose name is
signed on the preceding document, and acknowledged that he signed the foregoing instrument voluntarily
for the purposes therein expressed.
Notary ublic:
My Commiss' xpires ���� D. `VOt.�NS
*� Notary Public
Commonwealth of Massachusetts
My Commission Expires
December 28, 2018
11
ZONING CLASSIFICATION: -, EXISTING:
WIN. AREA ..S;Q40.'$.F OS'tSF
WIN; FRONTAGE .� O
FI39NT YARD S.B.: .....
REAR dr SIDE S.B.: ,?"
GROUND COVER (f): . . . 3.0. 4 ".
W. CfI�S-T 2 1q Z 447-Y IAI-C"
sr.%co
� srY N/G
G "G. 37/t
38 i _ o S "fr
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I CERTIFY, AS OF THAT
THE BUILDING RE S) IS/ARE LOCATED ON THE
GROUND AS SHOWN HEREON.
PROFESSIONAL LAND SURVEYOR
THIS PLOT PLAN WAS PREPARED FOR THE TOWN
OF NANTUCKET BUILDING DEPARTuENT ONLY AND
SHOULD NOT BE CONSIDERED A PROPERTY UNE
SURVEY. THIS PLAN SHOULD NOT BE USED TO
ESTABLISH PROPERTY GES, OR
ANY ANCILLARY STRUCTURES ON THE PREUISES.
THE PROPERTY LINES SHOWN RELY ON CURRENT
DEEDS AND PLANS OF RECORD,
THIS PLOT PLAN IS NOT A CERTIFICATION AS TO
TITLE OR OWNERSHIP OF THE PROPERTY SHOWN.
OWNERS OF ADJOINING PROPERTIES ARE SHOWN
ACCORDING TO CURRENT ASSESSOR RECORDS.
ASSESSOR MAP: Sal , PARCEL• .391
. \—"\.,,
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A`
ST
BUILDING LOCATION PLAN
OF LAND IN
NANTUCKET, MASS.
SCALE: 1'- .ZO DATE:
Owner.
Deed: Bfl,. s3,�4 (7,� Plan 4f /�
Locus
CHARLES W. HART & ASSOCIATES, Inc.
SANFORD BOAT BUII.ZING
49 SPARKS AVENUE
NANTUCKET, MASS. 02554
TO BE RECORDED. (508) 228 -8910
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