HomeMy WebLinkAbout009-14 9 E StreetFee: $300.00
i
RECEIVED
TOWN OF NANTUCKET 2313 DEC 31 Pfd 12 29
BOARD OF APPEALS NANTUCKET TOWN CLERK
NANTUCKET, MA 02554
APPLICATION
File No. 01 -14
Owner's nsme(s): $Gi4 M 1 D T7C0 5 i
Mailing address: SCi CA00",Al P "Aroe LE oc D $C IT(iATL 014 G2044
Phone NumberyAri'Y *ALMP 228 -0 WYE-Maid: Af*&x7LD &o9 u , C or 7
Appheanesname(s): Gceci.y :7—.--rs4rc4f 1
Mailing Address: C/d &&lbbCw( *A(D 44,b DCn4 TL
Phone Number SOd•228.0771 E -Mad: RluwsDl� (.C1DDC4l1wD6ct DDCN. co.n
Locus Address: 1 E S77ZCE7' Assessor's Map /PatceL /00. L 1 - 00(0
Land Court Plan /Plan Book & Page /Plan File No.: L OT SW A 0,4,4C- P4.00W
Ler 940 0JV tc PL-44 3072 -,{
Deed Reference /Certificate of Title: 1177 (v Zoning District
Uses on Lot- Commercial: None Yes (describe)
Residential: Number of dwellings _ Duplex Apartments
Date of Structure(s): all pre date 7/72 or
Building Pemrit Numbers:
Previous Zoning Board Application Numbers
2 Fairgrounds Road Nantucket Massachusetts 02554
508- 228 -7215 telephone 508- 228 -7298 facsimile
State below or attach a separate addendum of specific special permits or variance relief applying fox:
pDD K/TCHL.r/ TO Elir.$ -% Sou -ry{yLJU MPST'
sultb tN(- CSLG 1�LOT TLA4µ\ -5-" iQ PT
p N ITH tti �['i LT /w t. 7�e or OKa.uT J
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: Owner*
SIGNATURE: Applicant /Attorney /Agent*
*If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency.
OFFICE USE ONLY
Application received om_/_/_ By: Complete:_ Need Copies:'_
Filed with Town Clerk:,,_ Planning Boud:J,_ Budding Dept.—/—/— By:_
Fee deposited widi Town Treasurer:JJ_ By:_ Waiver requested:
Granted: —/_ /_ Heating notice posted with Town C1erk:JJ_ Mailed: —/_
I&M_ /_/_ &_ /_/_ Heating(s) held on:—/—/— Opened
Continued to.—/—/— Withdraws:—/—/_ Decision Due By:_/_/_
Made:_/_ /_ Filed w /Town Clerk: _/_/_ Mailed:_/_/_
2 Fairgrounds Road Nantucket Massachusetts 02554
508- 228 -7215 telephone 508- 228 -7298 facsimile
Nantucket, ss.
COMMONWEALTH OF MASSACHUSETTS
AFFIDAVIT OF AUTHORIZATION
1, Richard J. Glidden, attorney at law, hereby certify as follows;
My client, Gloria Jarecki (hereinafter "Jarecki "), is contract purchaser of property located
at 9E Street in Madaket, which is currently owned by Schmid Realty Trust.
2. Paragraph 44 of the Purchase and Sale Agreement (copy attached) authorizes Jarecki and
her agents and contractors to apply for permits and approvals prior to closing. (I also
attach a copy of the signature page of the contract).
3. I am duly authorized as Attorney for Jarecki to sign applic " to the Nantucket H. D.
C., the Nantucket Zoning Board of Appeals, the Nan tuc [ Building Department and the
Nantucket Conservation Commission.
Certified this 18" day of December, 2013.
Attorney at Law
BUYER:
Gloria Jarecki, Trustee
BROKERS:
Great Point Properties, Inc.
By:
ESCROW AGENT:
r�7
Patricia A. Halsted, At rne�—
MTIMFi /' YAlage Rei ienRW (V -RJ
CREEK, zo.coo aF: % S F:
1 FRONT rm, sE CK 10 ati SEE Pblll
.... R.- M/yyD: S OK.. 10 f .. SEE PUH
GROUND 0, WR X 10X* 1 UX t
(1,2761
reu '/.500 S FOR WMILFAW lAT
PER T0! N
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Site
c.:. Land
Ln Tv.al:tiucke*., MA
TRUST
i� 8
ASSESSOP,5 bfA.° 60.2 1, PARCEL 6
Ceri. 19776 L.C. Plan 5833 -G, LOT 85A
L.C. - Flan u =92 -R, LOT 86
scale: 1'= 25' Decem' or 14, 2019 Jim
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CURRENT Z)NING CIASWKATON:
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DU
N'NIMON U S Z'' 20,W0 S.F.
10,9J6N S.F.t
NY.A" FF'ONTAGE IW R.
SEE PL9N
F;OM YA0) SETBICK: 1 R.
SEE GUN
RElR/5lOE SEB9L'K. 10 Fl:
SEE PUN
GdIXM'D IXIVER X : 10%.
11.] t
(1,2]82 SP)
a °1,500 S.F. FOR Ol WrMG LOT
v ar \\ PER TOf N CODE IJ9- 33 E28
N
LLVID w aAn'IXO j 6a,u —M
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NOTES
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m cauru srcRK r.awace SmWnnE
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S fY..0�3 ftl:(. V;MF WVIMR
Site Pi ::.,` L:a2ad
In 13an`luck-L, MA
Owner:
SCH'7P 1' 'Lf':'' TRUST
9 P STWT
ASSESSOR ','; MAP 60.2.1, PARCEL 6
Cert. 19776 L.C. Plan F933 -G, LOT 85A
1, C. Plan 3092 -R, TAT 96
Scale: ,' 25- December 14, x'013
Pra; osston.il fm1i .S_ ors
20 13/S9ALP Cl��GLS
XAA'TU26t)" ILfSS. 02584
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3
TOWN OF NANTUCKET RECEIVED
BOARD OF APPEALS 2,219 FEB 26 PP. 3 34
NANTUCKET, MASSACHUSETTS 0255Ci UCKET TOWN CLER'
Date: February 26, 2014
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 09 -14
Owner /Applicant: 9 E. Street, LLC
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.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 60.2.1 Parcel 6 Certificate of Title 25067
9 E Street Lot 85A shown on Land Court Plan 5933 -G
Village Residential (VR) Lot 96 shown on Land Court Plan 3092 -R
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday,
January 9, 2014, at 1:00 P.M., 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made
the following decision on the application of 9 E. Street LLC, c/o Vogel & Co. 685 Post Road,
Darien, Connecticut 06820, File No. 09 -14:
2. Applicant is requesting Special Permit relief pursuant to Zoning Bylaw Section 139 -
33.A(4)(a) to allow a pre - existing non - conforming structure a change of use from residential
accessory to a dwelling unit The locus is pre- existing non - conforming with respect to lot size,
ground cover ratio, setbacks, and frontage for the Village Residential zoning district, pursuant to
Nantucket Zoning By -law Section 139.16.A. The total lot area is 10,936 square feet with an
existing total ground cover of 1,278 square feet and an existing ground cover ratio of 11.7 %.
However, the lot has the advantage of utilizing Nantucket Zoning By -law Section 139.33.E.2 (b)
which allows up to 1,500 square feet of ground cover by right for a lot containing at least 5,000
square feet. The Locus is situated at 9 E Street, is shown on Assessor's Map 60.2.1 as Parcel 6,
and as Lot 85A on Land Court Plan 5933 -G and Lot 96 on Land Court Plan 3092 -R. Evidence of
owner's title is recorded at Certificate of Title No. 25067 on file at the Nantucket County
Registry District of the Land Court. The site is zoned Village Residential (VR).
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. Burr Tupper represented the Applicant at the hearing. Mr. Tupper explained to
the Board that the Applicant proposes to convert a portion of the southernmost structure on the
lot into a kitchen. This alteration will be within the existing footprint of the 569 square foot
structure and will therefore not increase ground cover. The structure itself, currently considered
residential accessory, is pre- existing non - conforming as to front yard setback, being sited .4 feet
from the westerly lot line at its closest point, as shown on plan entitled "Site Plan of Land In
Nantucket, MA" prepared by Blackwell & Associates, Inc., dated December 14, 2013, a reduced
copy of which is attached hereto and marked as "Exhibit A ". The alteration to the structure pertains
solely to a change of use from residential accessory to a dwelling unit and, as such, will neither
increase the pre- existing non - conforming setback nor the ground cover ratio.
5. Therefore, after a discussion with the Applicant, the Board finds that Special
Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A(4)(a) to allow the change of
use would be in harmony with the purpose and intent of the Zoning Bylaw. The Board also finds
that no additional relief is necessary with respect to the off -street parking.
6. Accordingly, by a UNANIMOUS vote of the sitting Board, the Zoning Board of
Appeals made the fording that the proposed alteration would not be substantially more
detrimental to the neighborhood and granted relief by Special Permit pursuant to Nantucket
Zoning Bylaw Section 139- 33.A(4)(a) to allow a change of use of the subject structure from
residential accessory to a dwelling unit, which is allowed by right in this district.
SIGNATURE PAGE TO FOLLOW
Assessor's Map 60.2.1 Parcel 6
9 E Street
Village Residential (VR)
Dated: 2014
Certificate of Title 25067
Lot 85A shown on Land Court Plan 5933 -G
Lot 96 shown on Land Court Plan 3092 -R
vS lu- lin c LL,
Susan McCarthy
zrzzz.k I- �, I I IL�2
&arf Poor
COMMONWEALTH OF MASSACHUSETTS
Nantucke ss
On the day 9fLlL�ni� , 2014, before me, the undersigned notary public,
personally appeared (,(ijG _ {' (,�a ii /./.r , one of the above -named
members of the Zoning Board of Nantucket, Massachusetts, personally known to me to be the
person whose time is signed on the preceding document, and acknowledged that he signed the
foregoing instrument voluntarily for the purposes therein expressed.
Notary Public:
My Commission Expires:
Erf`
,r
(6V`1t1'�'V 11 11 lttiti�
NOTES
WWI -72
N/i
LLOM W. M IO D
& WAGA CD
Po4npI OF Li= 5 Wnrol LAID sUB..ECT
10 COASTAL S1oRM FLOWAL£
LOMi 5 6 6Y MDIaCIPAL
WATER
!,0 •
Ma=
l!]N45 GYKK2mlO
Mlage Residential (V-R)
WIM [IW(ML iWD
NS
RAVffi'NIAIA 9MIFR
5
M. P 4VnLlW
—b-�
essnam
6M060AI. 4UT/GL (FxF
ak i& lY A e
CURRENT ZONING CIASSIFG7I0N:
1 5ffiC W/R
Mlage Residential (V-R)
MMLMUM LOT 10,000'T.
10,936 SF.t
MIN /MUM RR(MRA(F 100 R.
AG
SEE PLAN
YARD SETBACK: 21 FT.
SEE PLAN
RWI 10
REARW9
SEE PUN
C OVER X : .
GROUND COVER X : 10X•
I i.7.T 3
(1,2]83 $F)
•1,500 SF. FOR OUAUFYM LOT
i
PER mm COE Fig- M..E28
N i
- - -- �J os
WO
2 SMY.. WIT
SIR PVMF
A +709 SF..±
60.21 -72
NIP
MAOOEWET NCMNFr 1RUST
1 5ffiC W/R
04t
STRUCTURE
i A-569 SF.3
Site Plan of Land
In Nantucket, MA
Owner:
�
i
SCHWO REALTY TRUST
N i
9 E STREET
\(
ASSESSORS MAP 60.2.1, PARCEL 6
Cert. 19776 L.C. Plim 5933 —G, LOT 85A
t4
LC. Plan 3092 —R, LOT 96
Scale: 1'= 25' December 14, 2013
to
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BLACM ! AS80CUM. Im
'75
6aNI n
APO uenwi Lava
t AACCOS, LLC
CIRCL6��
NANTUCXBT, MASS. 02554
(508) 228 -9028