HomeMy WebLinkAbout017-14 4 Derrymore3�'aaN?`ucMv'"
Nantucket Zoning Board of Appeals �'1\
9a0RpIE0
Mullin Rule Certification (GL c. 39 Sec. 23D)
Pursuant to G.L. c. 39, § 23D, the undersigned member of a board, committee or commission of the
Town of Nantucket hereby certifies that he or she has examined all of the evidence received by the
said board, committee or commission at the one session of its adjudicatory hearing on the matter
identified below which the undersigned member failed to attend, and that such evidence included an
audio or video recording of the missed session or a transcript thereof. This Certification has been
executed prior to the undersigned's participating in a vote on the matter and shall be part of the
record of the hearing.
Member Name: Susan kMcCarthy
Board, Committee or Commission: Zoning Board of Appeals
Subject Matter of Hearing Application No. 17 -14: 4 Donmore Road
Date of Missed Session: March 13- 2014
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Signed under the pains and penalties of perjury this _ day of 20_
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2 Fairgrounds Road • Nantucket, MA 02554
508.228.7215 telephone • 508.228.7298 facsimile
RECEIVED
2014 FEB 26 ED 3 36
NM4'JbW00WN CLERK
F NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
Fee: $300.00 File No. AM I/
owmeesrmmr(s):i� �w
Mailittgaddress:4,3o
Appbcmfs namc(s):aar4urts Qvid
MulmgAddress:-A&S-q"k) Cy�A*6&1,�4AWlZX-j5rtlP,07-9.51
Phone Nurnb� err-,� �-OC 9 _F--M.L
Locus Address: Assessor's Nfap/Pararl:
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Land Court Plan /Plan Book & Page/Plan File N..:; � Vl,t,qlq,l!)A 4,OT4\17 ',j
Deed Refincence/Certificateof Tide: Iftqlf Zoning District_ _
Uses cmLDt- CmxnmstdaLNcmc ✓ Yes (describe)
Residential Number of dwellings —
( _
Dam ofStructure(s): all pte-date7/72,
Building Permit Numbets::-__
Previous Zoning Board Application Numbm: A)e oy 1-1.z
2 Fug ..& &o.d Nantucket M...huzem 02554
508-228-7215 mkphone 508-228-1296 facsimile
State, below or attach a separate addendum of specific special permits or variance telief applying for.
I certify that the information contained herein is substantially complete and true to the
best of my knowledge, under th e pairs, and penalties of perjury.
Md I
SIGNATURE er.
W.
SIGNATURE "F ,j-.' �COL�-� 014'; C-.t/Attorncy/Agmn&
*If an Agent is representing tbe bwncr or the Applicant, pleve, provide a signed proof of agency.
OFFICE USE ONLY
Application --vd -w I ByL1 Cornpkt,�A Need Ctvliec��
Filed with Town Ck&-J-/- Planning Board.--/-/- Building Dept.-/-/- By-al
Fee deposited with Town Trcasutcr:-/-/- BkIN Waiver 1
Graiite&M/ Hearing notice posted with Town Clerlu-1-1rea, u'
H-,i*s) bed —2f
L,i/_Y3 Opened on LT/L
C on tmmmd to With d t awn fi, �1 /f, 1 D eds ion Doe ,-%i /F
M.ad6.1/-1ff)Fjledw/TownCle �,319
E -Mailed:,f!
2Fakg un&Road Nantucket Massachwem 02554
508-228 -7215 telephone 508-228-7298 facsimile
Eleanor Antonietti
From:
page holdgate [structuresunitd @gmail.com]
Sent:
Tuesday, February 18, 2014 2:38 PM
To:
Eleanor Antonietti
Subject:
Fwd: zba authorization letter - please copy and paste, then email to me..thank you
agent authorization from mr. per!man of 4 derrymore
thank you e!eanor!
Page Holdgate
Structures Unlimited
2 Crreglen Avenue PMB 64
Nantucket, MA 02554
(508)228 -0689 ofc
(508)825 -2067 fax
(508)332 -8092 cell
and
1474 Tremont St
Duxbury, MA 02332
---- - - - - -- Forwarded message ---- - - - - --
From: Andrew Perlman <anerlmanggreatpointenergy.com>
Date: Tue, Feb 18, 2014 at 2:29 PM
Subject: Re: zba authorization letter - please copy and paste, then email to me-thank you
To: page holdgate <structuresunitd(i�enail.com>
To whom it may concem,
I authorize Page Holdgate to act as agent on my behalf in submission of the ZBA Application.
Best regards,
Andrew Perlman
617 - 835 -3070
Our client, Mr. Andrew T. Perlman, the owner of the property at 4 Derrymore Road, has
previously requested relief by Special Permit for a change of use for an alteration of a
pre - existing nonconforming structure (sited within the side and rear setbacks) from a
garage to a studio /office, this was granted at the July meeting, however, there was a
stipulation that there would be no height change.
At this time we are requesting relief pursuant to Nantucket Zoning Bylaw Section 129 -
33.A.(4) (alteration of preexisting nonconforming structure) to allow the ridge of the roof
to be increased to fifteen feet as this was approved by the HDC (COA #57710). This
height was determined by the use as an office /excerise area, and to make the structure
viable for this usage the walls need to be elevated to permit equipment and create a space
that is not oppressive and allows for circulation of air with ceiling fans.
r'� "Ik�A. -W/ PRA DI erw fw4wesf
NOW riv l�
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Page 1 of 1
0c[tux• is' - sk,,
Nancy Drahzal
From: IoM Drescher [IBres0mr@momcker- magovj
Sent: Wednesday, September 05, 2012 339 PM
To: ' nmcy @stmcanesunlimitednanmeket.mm'
Subject: 4 Derrymore Road ZBA staff recommendation
Nancy,
Below is the staff recommendation for the Perlman application. Please let me know if you have any questions
Thanks!
ANDREW T. PERT MAN, FILE NO. 051 -12
Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(4)
(alteration of preexisting nonconforming structure) in order to alter the preexisting nonconforming
structure on the Locus. The Applicant is proposing to increase the height of the preexisting
nonconforming studio to approximately fifteen (15) feet The existing studio is nonconforming as to side
and rear yard setback, being sited approximately 1.52 feet from the side yard setback and 1.88 feet from
the rear yard setback in a zoning district that requires a five (5) foot side and rear yard setback. The
Locus is situated at 4 Derrymore Road, is shown on Nantucket Tax Assessor's Map 41 as Pares] 246, is
shown on Land Court Plan 13199 -A as Lot N8, and title is registered as Certificate of Title No. 21,991 in
the Nantucket County District of the Land Court. The site is zoned Residential —1.
The Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139 -
33.A(4) (alteration of preexisting nonconforming structure) in order to alter the preexisting
nonconforming studio on the Locus.
The Applicant is proposing to increase the height of the preexisting nonconforming studio to
approximately fifteen (15) feet as allowed by Nantucket Historic District Commission Certificate of
Appropriateness No. 57,710.
The existing studio is nonconforming as to side and rear yard setback, being sited approximately
1.52 feet from the side yard setback and 1.88 feet from the rear yard setback in a zoning district
that requires a five (5) foot side and rear yard setback.
The Applicant was before the Board of Appeals at the July hearing and was advised that if there
were any structural alterations to the studio, then Board of Appeals relief would be needed. The
Application presently before the Board is for relief to make those structural changes.
Staff recommends approving the requested relief
-John
Jmm B. B�m
Zoning Fdmi,dsmo,
Nantu&d Ploamng Office
2 Feugro and
Nvmrker MA 02554
508 - 226 -7115 (kl )
508- 228 -7296 (fx,mk)simik)
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Property 10 41246
Location 4DERRWORE RD
Owner PERLIAANANDREWT
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N"TUmOT. A SS. 02564
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86682
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DOORIWINDOW SCHEDULE
Mr. Andrew Perlman
4 Derrymore
B: 4 Brosco Boston Layout
616 double hung all wood true divided Ides
7"x 9' glass
2'6 -5/' x 4' -1"
C: 2 Brosco Boston Layout
616 double hung all wood true divided lites
V9 518" x ST double hung window
A: 1 Brosco Boston Layout
6 lite all wood true divided lites
2'6-%P x 2'5- %"
1 Entry Door
36 9lite
2 panel fir entry door
139755
Con: 21991 Doc: SP
Registered: 01/07/2013 09:18 AM
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
H
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Date: October 12 2Q 12
y m
O"zt
To: Parties in Interest and Others concerned with sion of
The BOARD OF APPEALS in the Application of the fo40x&ngF
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Application No: 051 -12 N1
Owner /Applicant: ANDREW T. PERLMAN
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.
1 �, � /,l (5A)
Edward S. Toole, Chairman
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 -228 -7215.
139755
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 41, Parcel 246 Land Court Plan 13199 -A, Lot N8
4 Denymore Road
Residential - 1 Certificate of Title No. 21,991
DECISION
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday,
September 13, 2012, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board
made the following decision on the application of ANDREW T. PERLMAN, 1730 N. Clark
Street, Apt. 2001, Chicago, Illinois 60614 -5859, File No. 051 -12:
2. Applicant is requesting Special Pemrit relief pursuant to Nantucket Zoning Bylaw
Section 139- 33.A.(4) (alteration of preexisting nonconforming structure) in order to alter the
preexisting nonconforming structure on the Locus. The Applicant is proposing to increase the
height of the preexisting nonconforming studio to approximately fifteen (15) feet. The existing
studio is nonconforming as to side and rear yard setback, being sited approximately 1.52 feet
from the side yard setback and 1.88 feet from the rear yard setback in a zoning district that
requires a five (5) foot side and rear yard setback. The Locus is situated at 4 Derrymore Road, is
shown on Nantucket Tax Assessor's Map 41 m Parcel 246, is shown on Land Court Plan 13199 -
A as Lot N8, and title is registered as Certificate of Title No. 21,991 in the Nantucket County
District of the Land Court. The site is zoned Residential — 1.
3. Our decision is based upon the application and accompanying materials,
representations, and testimony received at am 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. Nancy Drabzal represented the Applicant. Ms. Dmhzal explained to the Board that the
Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139 -
33.A.(4) (alteration of preexisting nonconforming structure) in order to alter the preexisting
nonconforming studio on the Locus. The Applicant is proposing to increase the height of the
preexisting nonconforming studio to approximately fifteen (15) feet as allowed by Nantucket
Historic District Commission Certificate of Appropriateness No. 57,710. Said existing studio is
nonconforming as to side and rear yard setback, being sited approximately 1.52 feet from the
side yard setback and 1.88 feet from the rear yard setback in a zoning district that requires a five
(5) foot side and rear yard setback.
At the July 2012 the Applicant was before the Board of Appeals and was advised that if there
were any structural alterations to the studio, then Board of Appeals relief would be needed.
Accordingly, at the September 2012 hearing the Applicant is proposing to alter the preexisting
nonconforming structure by increasing the height to approximately fifteen (15) feet as allowed
by Historic District Commission Certificate of Appropriateness No. 57,710.
139755
5. After discussion among the board members, the board finds that the proposed
alteration will be in harmony with the spirit and intent of the zoning by -law and will not be
substantially more detrimental to the neighborhood than the existing non - conformity on the locus
because the height of the studio is being increased to only approximately fifteen (15) feet.
6. Accordingly, by a unanimous vote of the board, the board grants the requested
special permit pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(4) allowing the alteration
to the preexisting nonconforming studio structure on the Locus with the following conditions:
a. That the studio shall not be used for human habitation and shall only have a
half -bath installed;
b. The height of the studio shall be increased to approximately fifteen (15) feet
as allowed by Historic District Commission Certificate of Appropriateness
No. 57,710, as may be amended from time to time;
c. Any further change in use to the studio shall require Zoning Board of Appeals
relief, and,
d. There shall be no exterior constriction between Memorial Day and September
156 of any year.
SIGNATURE PAGE TO FOLLOW
Dated: 6Ue� 10 , 2012
Nantuc et4a SS
f.lu� 0 , 2012
139755
COMMONWEALTH OF
On the 16 day of 2012, before me, the undersigned notary public,
personally appeared I I if�ll{ Ap�'4 , one of the above -named members of
the Zoning Board of Nantucket, Massachusetts, personally known to a to be the person whose
name is signed on the preceding document, and acknowledged that Yshe signed the foregoing
instrument voluntarily for the purposes therein expressed.
14�
Notary Pub' . 6 3 &u:6
My Commission Expires: at 117011
G
I CERTIFY THATkDAYS HAVE ELAPSED AFTER
�.ED IN THE OFFICE OF THE
D'1HAT ND APPEAL HAS BEEN
ASIERALLAWS IRA, SECnON II
aAp 7 2012
TOWN CLERK ATTES f: A
3
NANTUCKET TOWN CLERK
139755
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139733
2013 �1397�
Cart: 21991 Doc: SP
Registered: 01/04/2013 10:36 AM
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
2 ro
a o
z ro
Date: August 10, F5010
m M
y RI
To: Parties in Interest and Others concerned with &he3ec4ion of
The BOARD OF APPEALS in the Application of the fol3mwing:o
r
Application No: 041 -12 m o
Owner /Applicant: ANDREW T. PEUIMN
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.
f S. f. C *
Edward S. Toole, Chairman
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- 228 -7215.
139733
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 41, Panel 246 Land Court Plan 13199 -A, Lot N8
4 Derrymore Road
Residential - 1 Certificate of Title No. 21,991
DECISION:
L At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, July
12, 2012, at 12:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of ANDREW T. PERLMAN, 1730 N. Clark Street, Apt.
2001, Chicago, Illinois 60614.5859, File No. 041 -12:
2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw
Section 139- 33.A.(4) (alteration of preexisting nonconforming structure) in order to convert the
preexisting nonconforming garage to a studio /office. There will he no exterior construction
associated with this change. The existing garage is nonconforming as to side and rear yard
setback, being sited approximately 1.52 feet from the side yard setback and 1.88 feet from the
rear yard setback in a zoning district that requires a five (5) foot side and rear yard setback. The
Locus is situated at 4 Derrymore Road, is sbown on Nantucket Tax Assessor's Map 41 as Parcel
246, is shown on Land Court Plan 13199 -A as Lot N8, and title is registered as Certificate of
Title No. 21,991 in the Nantucket County District of the land Court. The site is zoned
Residential — 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 wens presented. There were no
letters in favor of or in opposition to the application.
4. Nancy Drahzal represented the Applicant. Ms. Drahzal explained to the Board
that the Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw
Section 139- 33.A.(4) in order to alter the preexisting nonconfomting structure by converting the
existing garage to a proposed studio /office. The new studio/office will have the same footprint
as the garage and will not be used for human habitation. However, the existing garage is
nonconforming as to side and rear yard setbacks. Said garage is sited as close as 1.52 feet from
the side yard setback and 1.88 feet from the rear yard setback in a zoning district that requires a
five (5) foot side and rear yard setback.
5. After discussion among the board members, the board fords that the proposed
change in use from garage to studio will be in harmony with the spirit and intent of the zoning
by -law and will not be substantially more detrimental to the neighborhood than the existing non-
conformity on the locus. The Board advised the Applicant that any structural changes to the
gamgelstudio as a result of this change of use may require additional relief from the Board of
Appeals.
139733
6. Accordingly, by a unanimous vote of the board, the board grants the requested
special permit pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(4) allowing the
conversion of the garage use to a studio use as shown on the plan entitled, `Building Location
Plan of Land in Nantucket, Mass,' prepared by Blackwell and Associates, Inc., dated January 3,
2006, attached hereto as "Exhibit A" with the following conditions:
a. That the studio shall not be used for human habitation and shall only have a
half -bath installed;
b. Any increase in height to the studio shall require Zoning Board of Appeals
relief as an alteration to a preexisting nonconforming structure;
c. Any further change in use to the studio shalt require Zoning Board of Appeals
relief, and,
d. There shall be no exterior construction between Memorial Day and September
15" of any year.
SIGNATURE PAGE TO FOLLOW
Dated: 4 IJ ,2012
jn.P' I �. r �y� OFFI( '0 1.1E
4 l O fi APPEAL HAc 4i r'N
RAL LAWSIOA ( ':II
4 2011 Tr
Nantucke S
t �!% 2012
138753
COMMONWEALTH OF MASSACHUSETTS
On the to day of _! , 2012, before me, the undersigned notary public,
personally appeared kM P^ 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 tha7%/she signed the foregoing
instrument voluntarily for the purposes therein expressed. vv
Notary Pu ' . �� yu
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139733
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TOWN OF NANTUCKET
0
BOARD OF APPEALS o
NANTUCKET, MA 02554
File No. L- ( 1,1.p-!#— Parccl
'hhis agreement to attend the time limit for the Board ofAppesla In —kea decision, hold s public hearing, or
m take other action onceming the application of
�r7d
P"'t to the pmvkionr of the Acts ofl9g7, Chapter 496, smending the State Zoning Act, Chapter 40A of
the
extend d the tim< tse bent is General Lawc, Apphcant(s) /Peddoner(a) and the Zonhtg Boats of Appeals hereby agme to
limit
Fos. public hcedng an the appR b.n
0 Fora writtrn decision
o Forothcr . scoop .: _...
Such applicrerion is:
O An appeal from the decision of any adminishatim offred
p A petition for a special permit
o A petition for a variance
0 An extension
fO Amodifitatfon
The new time limitshs0 be midnight on:- JUtJ 31 6 1
atime limit set by restate or bylaw. - -T -1 Y which is not excliu then
She Applicant (a), Rttomc35 or agent for the Applicant aponented to he duly authodxed to actin this matter
for the applicant, in executing this agrecmmt waves Roy dghta under the Nantucket Zoning BylawRnd the
State Zordng A s emended tent, but only to the extent, inconsistent with this agreemnt
Pli()/I e
�omng aazd oFAppeala
?ffecdve Dare ofA� [ Town Clerk Stamp:
2 Faiegmavds Road Nantucket MRS6aelmRCtta 02554
508 -226 -7275 telephone 50 8-225 -7298 facsimile
TOWN OF NANTUCKET
BOARD OF APPEALS
Print Form
NANTUCKET, MA 02554
s
File No. 17 -14 Map 41 Parcel 246
rn
i
This agreement to extend the time limit for the Board of Appeals to make a decision, hold a pibliclhgIringr
to take other action concerning the application of:
Andrew Perlman
Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Acfs:ChapAet 40A of
the Massachusetts General Laws, Applicant(s) /Petitioner(s) and the Zoning Board of Appeals. her gree to
extend the time limit
M For a public hearing on the application
O For a written decision
O For other action
Such application is:
o An appeal from the decision of any administrative official
4!9 A petition for a special permit
O A petition for a variance
O An extension
• A modification
The new time limit shall be midnight on Wednesday November 12, 2014 , which is not earlier than
a time limit set by statute or bylaw.
The Applicant (s), attorney, or agent for the Applicant represented to be duly authorized to act in this matter
for the applicant, in executing this agreement waives any rights under the Nantucket Zoning Bylaw and the
State Zoning Act, as amended, to the extent, but only to the extent, inconsistent with this agreement.
For Applicant (s)
✓L (,JLYV Lys/ VF
For Zoning Board of Appeals
July 7, 2014
Effective Date of Agreement
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508 - 228 -7298 facsimile
Town Clerk Stamp:
WITHDRAWAL FORM
APPLICANT(S):
Z sv
O n
� Can
O
o
TOWN OF NANTUCKET - --�3
BOARD OF APPEALS o
NANTUCKET, MA 02554
File No. 017 -14
Map 41 Parce1246
Andrew Perlman - 4 DERRYMORE ROAD
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
APPROVE WITHOUT PREJUDICE
X APPROVE, BUT WITH PREJUDICE
THE WITHDRAWAL:
X IN FULL OF THE SAID
APPLICATION
OF SO MUCH OF SAID
APPLICATION AS:
DATED:
The Zoning Board of Appeals
Eleanor Weller Antonietti
Zoning Administrator
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508 -228 -7298 facsimile