The URL can be used to link to this page

Home My WebLink About028-14 11 South Cambridge Streetd 'OOBASE�` TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $450.00 N V. (0 COPY File No.4 -14 Owner's name(s): Carol R. Bowditch and James A. Bowditch, as Trustees of Adagio Trust A, _ and Carol R. Bowditch and James A. Bowditch, as Trustees of Adagio Trust B Mailing address: c/o Reade, GuOicksen, Hanley, Gifford & Cohen, LLP 6 Young's Way, Post Office Box 2669, Nantucket, Massachusetts 02584 Phone Number: 508- 228 -3128 E -Mail: air @readelaw.com Applicant's name(s): Same Mailing Address: Same Phone Number: Same E -Mail: Same Locus Address: 11 South Cambridge Street Assessor's Map /Pameb 59.4 - 127,128,129,130, and 132 n Land Court Plan 3092-43, Lots 588, 589, 590, 591 and 592 ti m Certificate of Title: 21331 Zoning District Village Residential (VR) y rn Uses on Lot- Commercial: Noce Yes (describe) o z 13 3 m rn 0 n Residential: Number of dwellings One Duplex Apartments m F, a ca Date of Structure(s): all pre -date 7/72 No or Construction of dwelling commenced in 2002 Building Permit Numbers: 566 -02 Previous Zoning Board Application Numbers: None 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 applicants wish to construct an addition to their single - family dwelling, which will increase the ground cover on locus by about 120 square feet. Locus now has ground cover of 2,567 square feet; lot area is 25,170 square feet, for a ground cover ratio of 10.2 %. Maximum ground cover ratio in the VR zoning district is 108. However, when the dwelling was constructed, locus was in a Residential -2 (later renames Residential -20) district, in which maximum ground cover was 12.58, and accordingly the locus became pre- existing and nonconforming as to ground cover by virtue of the rezoning. Accordingly, the applicants request relief by Special Permit under Nantucket Zoning By -law §139- 33.A(4), for the alteration of their pre- existing, nonconforming structure, increasing the pre- existing nonconformity but not creating a new nonconformity. The resulting ground cover ratio after the addition is constructed will be 10.78. In addition, certain air conditioning units, which were installed at the time the dwelling was constructed, are situated as close as 8.2 feet from the northwesterly side lot line; minimum side yard setback is 10 feet. The dwelling was sited based upon a licensed survey, and accordingly the applicants request relief by Special Permit under By -law §139- 16.C(2) to validate this intrusion, which is less than five feet into the required setback and more than four feet- ffbia' the property line. In the alternative, the applicants request relief by Variance from the side yard setback requirement. 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: Carol B. Bo vfiteb and]amesA Bow&reb, Trwreer Owner* By: SIGNATURE: 9l! "& Appheast /Attomey /Agent Arthur I. Reade, Jr. OFFICE USE ONLY Application received on.—/—/_ By: Complete:_ Need Copies:_ Filed with Town C1erk:JJ_ Planning Board:JJ_ Building Dept -/-/- By:_ Fee deposited with Town Treasurer.,,_ By:_ Waiver requested:_ Gxaated:_/_/_ Heating notice posted with Town C1erk:J,_ Mailed._/_/_ I&M_ /_/_ &_/_ /_ Hearing(s) held on: _/_/_ Opened on Continued to:_/_/_ Withdrawn:_/_/_ Decision Due By: —/—/_ Made:—/—/— Filed w /Town Clerk:_/_/_ Mailed _/_/_ 2 Fairgrounds Road Nantucket Ma ... ,hu.etts 02554 508- 228 -7215 telephone 508- 228 -7298 facsimile 14 / 1 49 �' SB]bl � 59.340 7" T4 ft . \ \,\ ea a Propartylnformatlon ProPartylD 58.4131 Location 11 S CAMBRIDGE ST Owner BOMITCH CAROL R & JAMES ADAGIO TRUST A & B r wiarcn u, zu w I 6Bltl] 54n1��1a�� i Ea t� MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT The Town makes no dame and no wamenfiea, expressed or implie w d, wnming the vell&ky or a=aermy of the GIS data pro anted on this map. Pamela updated D...., 2013 t53� � � It ]I2 ��'•.. � i.. 21i 6a 59415.1 ^sa4191 14 / 1 49 �' SB]bl � 59.340 7" T4 ft . \ \,\ ea a Propartylnformatlon ProPartylD 58.4131 Location 11 S CAMBRIDGE ST Owner BOMITCH CAROL R & JAMES ADAGIO TRUST A & B r wiarcn u, zu w I 6Bltl] 54n1��1a�� i Ea t� MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT The Town makes no dame and no wamenfiea, expressed or implie w d, wnming the vell&ky or a=aermy of the GIS data pro anted on this map. Pamela updated D...., 2013 \ , ) } §\ k ��( \( w ) ( . , B § § ) °r` ¥ ;�.. ■ 62! . , | ; §_ | | |!# ,| Lu co i 0 c _ _ BDG_o _ ;! \� � |§ 91 @ � \ ■`\ ; :§( /( | |)� y CAMBRIDGE STREET . w� m §� M y 7 ['d J \ : \& G � � <�« k� | � j\ . ` ,•,. '| �\ /& | \§ E 9« !Emil g ° \; |q; _ �� | |!i! | || 1 ,| !!, \ � .� }� ƒ . w / \ \ , A , | | .... . .....! . � . . . . ..... . s �if I e r 'i �ii �Si t Q� gg L!I 66 .1 Iti a at ed6'. !i4 ait RaSi ----------- .p'; 1 Jig " ?Pee JiY� F.� ea= Eut ::ra _ eE` ntii PE:ej izE 6P �Ps :i +�'• Ey! add idi di,PF ! Eip iiBEPa��.d'i -E5Yi3E RHO -eaa (:P'Ed Ijeia jd� �a�� j`EP e1P, 4g�'Ce 1 {iPijjt�91 a�p� :�. €.�Iiilt! °�ifaa�Pl`i It �''ii�3E6�td� �v3i�ei�33a1v1e ?:ti�dP:PPP a E,. SEP: f L.S FY =: [9' Ey? ea �uI III IIIIII�I,II,�q �� I I. I, t 1 as IIII I�i�l III 111,1II (L LEM - .F e•E s:s v¢: F ti,4� Ej, s ° III Yrl ;Ei� r.2^1 FF T } IIII 11,9IIIII t III I' I I IV 6i €� _ I � ss ly6i6; �9aE Ey,! E ...E ¢sra � ; � �� / \� q $i , �2 �/ [\ � i\ � ,G / \ - :�. �\S: 2 �9 / / \ \� \� � /�� \ \�� \\ � /� i� /� \ \ \ /jd p� \ \ \\�� .. - � § � - -- � �� \ �� ƒ� �� \�� ( ;§ - -� -! ��y / m � \�� k � » � -2�\ _ .% � y.� ,& k \ ¥ B \ \ k § A CAMBRIDGE N O. BRIDGE STREET r 4 6 2! �P" X13 IIII 'i 3a i `c 4 t, Elf 4 fee[ e�y 9sj? 8 SS 0 ff i ¢ �M1 'C � Y— ei_ l lf• ie y ar. �4 CJ a E p �F E�� MID 'S 'S I' III U V I II II! I III F. II _ g o� I lid 31; �i oa. I fi vYe3 IIII� 1�8= 'ss!9 1,3F? �I III iFl F' e- 01 E- I'lllIIII ll6ll'' Bi;P'I FpF'I 33 ge x.11 r�i'yl _ �:il I IIi =1y a�4 EyF: .Y� FBI i F =rs Y�z3 €E e I W ij�l f I � Ld- i VIII VIII L. � j.. iI eE: ¢C. 6S - I rte, as sel9 rs r4 it 9 !i! As= r! €E 1�Q5 €1iP 9l13 �yfp; {.QYf Z Q K Town of Nantucket Zoning Board of Anneals RECEIVED 30ARD OF ASSESSORS FEB 2 & 2014 TOWN OF NANTUCKET, h6A LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: ('')#Ptda5,b Trµsi-,A, Carol R• 8owat;irt7 SarncS -q. PROPERTY OR'NEK! d R i Trus.'h 8 n �D1roUMJ �..R ....... ... ........ J ............................... Ttus4ees MAILING ADDRESS... c/o Reads, Gullicksen, Hanley, Gifford & Cohen, LIX - .................................. I..................... PROPERTY LOCATION.J!..:5 :...Ca,..,6.i d �, t.,. 5-F rc e.fi'........... - 1nGL,.atea ASSESSOR MAPIPARCEL .... Jr. SUBMfITEDBY .... Reade,.Gullicksen, Hanley, Gifford & Cohen, LLP ...... ............................... . ....... 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)• DATE ASSESSOR'S OFFICE - TOWN OFNANTUCKET - - z H� 0 F yFy O K p�P a„ 743 ::E�a4£ €4 § €4 > €C € €44o".4 ..d444C4 €443= ".0 3 s s s s s p� ..mrm "�......�... .....rm83 "nr.... "mrmmm ....... .. m..�.a S F �y u Fed TOWN OF NANTUCKET RECEIVED BOARD OF APPEALS Pi4 I"EY 29 FFI 3 4 NANTUCKET, MASSACHUSETTS 02554 J,1 uci;EI TO VN; LE Date: May 29, 2014 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 028 -14 Current Owner /Applicant: CAROL R. BOWDITCH and JAMES A. BOWDITCH, as Trustees of ADAGIO TRUST A and as Trustees of ADAGIO TRUST B 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 ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 59.4, Parcels 127, 128, 129, 130, 131 11 South Cambridge Street Village Residential (VR) DECISION: Cert. of Title No. 21331 (Now Cert. of Title No. Lots 588, 589, 590, 591, 592 Land Court Plan No. 3092 -43 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, May 8, 2014, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of CAROL R. BOWDITCH and JAMES A. BOWDITCH, as Trustees of Adagio Trust A, and CAROL R. BOWDITCH and JAMES A. BOWDITCH, as Trustees of Adagio Trust B *, c/o Reade, Gullicksen, Hanley, Gifford & Cohen, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 028 -14: * (Present owner: Adagio Investments, LLC) 2. The Applicants are requesting relief by Special Permit pursuant to Nantucket Zoning By -law §139- 33.A(4), in order to build an addition to their pre - existing single - family dwelling, now nonconforming as to ground cover ratio. Existing ground cover ratio upon the locus is approximately 10.2% in Village Residential zoning district where maximum allowable ground cover ratio is 10 %,. The applicants propose to increase the ground cover ratio to approximately 10.7 %. In addition, the applicants request relief by Special Permit pursuant By- law §139- 16.C(2) in order to validate a setback intrusion of air conditioning units into the southwesterly side yard, on the basis that the siting of the dwelling and other improvements upon the locus, including these units, was based upon a licensed survey. These units are situated as close as 8.2 feet to the side lot line in a zoning district with a minimum side yard setback requirement of ten (10) feet. The locus is situated at 11 SOUTH CAMBRIDGE STREET, is approximately shown on Nantucket Assessor's Map 59.4 as Parcels 127, 128, 129, 130 and 131, and as Lots 588, 589, 590, 591 and 592 upon Land Court Plan No. 3092 -43. The site is zoned Village Residential (VR). 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. There was no Planning Board recommendation, on the basis that no matter of planning concern was presented. In addition to the presentation by the applicants' counsel, several letters of support from neighboring property owners were received by the Board of Appeals, and one neighbor appeared and spoke in favor at the public hearing. 4. As presented by counsel to the applicant, the applicants constructed their dwelling in 2002, at which time locus was located within the Residential-2 (later renamed Residential-20) zoning district, in which the maximum ground cover ratio was 12.5 %. With 10.2% ground cover ratio, locus was conforming as to this requirement. However, in 2009, a change in the zoning map placed locus in the new VR district, in which the maximum ground cover ratio is 10 %. As a result, the locus became pre- existing nonconforming as to ground cover ratio. The applicants now propose an addition to the attached garage, as shown upon plan entitled, "Proposed Site Plan', prepared by Site Design Engineering, LLC and J. Marcklinger & Associates, Inc., dated March 14, 2014, a reduced copy of which is attached hereto as "Exhibit A ". This addition will result in an increase of the nonconfonning ground cover ratio to 10.7 %; still significantly less than the 12.5% which would have been permitted as a matter or right had the locus remained in the Residential-20 district. Locus benefits from approval by the Nantucket Historic District Commission with Certificate of Appropriateness No. 60067. 5. As to the request for relief from the side yard setback requirement regarding the existing air conditioning units, the Board indicated there was not sufficient evidence before it to justify the granting of relief. Accordingly, the Board allowed the applicants to withdraw this request, without prejudice to their ability to present a new application for such relief. 6. Accordingly, the Board of Appeals, by UNANIMOUS vote, made the finding that the increase in ground cover as a result of the proposed addition to the pre - existing, nonconforming single - family dwelling would not be substantially more detrimental to the neighborhood than the existing nonconformity, and granted the requested relief by Special Permit under By -law § 139- 33.A(4), subject to the following condition: a) The air conditioning units, currently sited as close as 8.2 feet from the westerly lot line, will be re-sited outside of the ten (10) foot side yard setback prior to the issuance of a Certificate of Occupancy for the addition if applicant has not been granted relief from the side yard setback requirement with regard to these units. b) The ground cover ratio resulting from the proposed addition shall not exceed 10.7 %. SIGNATURE PAGE TO FOLLOW Assessor's Map 59.4, Parcels 127, 128, 129, 130, 131 11 South Cambridge Street Village Residential (VR) Dated: // I/�/A L "1, 2014 Cert. of Title No. 21331 (Now Cert. of Title No. ) Lots 588, 589, 590, 591, 592 Land Conn Plan Nn, 3092 -43 COMMONWEALTH OF MASSACHUSETTS Nantucke ss On the day of —, 2014, before me, the undersigned notary public, personally appeared Lt �yti �Z�- 2 one of the above -named members of the Zoning Board of Appeals 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 p ses therein expressed. Notary Public: My Commission Expires: a SON SNELL PUBLIC aa55ACKISMs SepL 20, 2010 `fx$GrC - ( z ] .,§ ■ k , \ ; -.• :r \ /R \) \\ q § §! ■ Vi \ ; ; . §\f . Lij` w!�' CL 133mjs -:JDaumvo HUM .� \ §( '/ , /\ ! |r !; E� ` t\ )) ~' \ |[ �� \ 16 , > lu ! § ; -.• :r .� § §( ! |r !;