HomeMy WebLinkAbout01-16 22 Broadway, SiasconsetFee: $450.00
TOWN OF NANTUCKET TOWN CLERK
BOARD OF APPEALS NANTUCKET
NANTUCKET, MA 02554
,L„,
APPLICATION
File No. 01 -lb
Owner's name(s): Anne N. Apgar and Mahlon Apgar, IV, Trustee of 22 Broadway Trust
Mailing address:C /O Cohen & Cohen Law PC, PO Box 786, Nantucket, MA 02554
Phone Number: 508- 228 -0337
Applicant's name(s): Same
Mailing Address: Same
Phone Number: Same
E-Mafl:paul@cohenlegal.net
E -Mail: Same
Locus Address: 22 Broadway, Siasconset Assessor's Map /Parcel: 7313 / 117
Land Court Plan /Plan Book & Page /Plan File No.: None
Deed Reference /Certificate of Title: Book 1503, Page 116 Zoning District: ROH
Uses on Lot- Commercial: None 1� Yes (describe)
Residential: Number of dwellings ( Duplex
Date of Structure(s): all pre -date 7/72 X or _
Building Permit Numbers:
Previous Zoning Board Application Numbers:
Apartments
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:
I certify that the information contained herein is substantially complete and true to the
best of my knowledge the p ins and penalties of perjury.
SIGNATURE: Owner*
✓"
SIGNATURE: A pp licant Attorne Y/ ent
*
*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.:_ /_ /_ By:_
Fee deposited with Town Treasurer:_ /_ /_ By:_ Waiver requested:
Granted:—/—/— Hearing notice posted with Town Clerk:—/—/— 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Continued to:_ /_ /_ Withdrawn:_ /_ /_ Decision Due By:—/—/—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 Massachusetts 02554
508 - 228 -7215 telephone 508 - 228 -7298 facsimile
Addendum
(Special Permit Application — 22 Broadway, Siasconset)
Owner /Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-
law Section 139 -33A (1) to allow the addition of second story dormer in a portion of the
pre- existing non - conforming dwelling on the property that lies as close as 0.5 feet from
unconstructed way.
The Locus is nonconforming as to lot area with the Lot containing about 1900 square feet
of area in a district that requires a minimum lot size of 5,000 square feet; as to setbacks
with the dwelling lie as close as 0.5 feet from an unconstructed way, 2.0 feet from Center
Street, 1.7 feet from side lot line, in a district that requires a minimum set back of five (5)
feet. The Premises is located at 22 BROADWAY, Assessor's Map 73.1.3, Parcel 117.
The property is zoned ROH.
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Property Information
Property 73.1.3%20117
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Location 22 BROADWAY 3+
Owner ULJEGREN BRUCE W
MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
Town and County of Nantucket, MA makes no
claims and no warranties, expressed or implied,
concerning the validity or accuracy of the GIS data
presented on this map.
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FIE-8 112 201-16 Pk,3:25
Date: February 11, 2016
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 01 -16
Current Owners /Applicant: ANNE M. APGAR and MAHLON APGAR, IV,
TRUSTEES OF 22 BROADWAY TRUST
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.
E eanor 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 73.1.3, Parcel 117
22 Broadway, Siasconset
Siasconset Old Historic (SOH)
DECISION:
Book 1503, Page 116
1. At a public hearing of the Nantucket Zoning Board of Appeals held on Thursday, January
14, 2016 at 1:00 P.M., in the Conference Room, at 4 Fairgrounds Road, Nantucket,
Massachusetts, the Board made the following Decision on the application of ANNE M. APGAR
and MAHLON APGAR, IV, TRUSTEES OF 22 BROADWAY TRUST, c/o Cohen & Cohen
Law, P.C., Post Office Box 786, Nantucket, Massachusetts 02554, File No. 01 -16:
2. Applicant is requesting Special Permit relief pursuant to Zoning By -law Section 139 -
33.A(1) to allow the alteration of the pre- existing nonconforming dwelling by adding a second
story dormer and window within the setback area. The Locus, having triple frontage on Center
Street, Broadway, and an unconstructed "Way ", is nonconforming as to lot size and frontage and
the dwelling is non - conforming with respect to all setbacks. The proposed alteration will result
in an upward extension of the pre- existing nonconforming southerly side yard setback. The
Locus, an undersized lot situated at 22 Broadway, is shown on Assessor's Map 73.1.3 Parcel
117. Evidence of owner's title is recorded at Book 1503, Page 116 on file at the Nantucket
County Registry of Deeds. The site is zoned Sconset Old Historic (SOH).
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. No opposition, written or oral, was
presented at the hearing. The owners of abutting property to south on other side the
unconstructed "Way ", sent an email to the Board stating that they have no objection to
application.
4. Locus is shown on site plan entitled, "As -Built Plan of #22 Broadway in Siasconset,
Nantucket, MA. ", dated December 14, 2015, and prepared by Earle & Sullivan, Inc., a reduced
copy of which is attached herewith as "Exhibit A ". As presented to the Board by the Applicant's
representative, the Locus is pre- existing nonconforming as to lot area, containing approximately
1,900 square feet in the Sconset Old Historic (SOH) zoning district which requires a minimum
lot area of 5,000 square feet, and as to setbacks being sited as close as two (2) feet from the
westerly rear yard lot line abutting Center Street and 0.5 feet from the southerly side yard lot line
abutting an unconstructed way where side and rear yard setback requirements are five (5) feet.
The property has triple frontage, abutting Center Street to the West, an unconstructed "Way" to
the South, and Broadway to the East. Required frontage in the SOH is fifty (50) feet. The lot has
4
less than fifty (50) feet of frontage on both Center Street or Broadway, but does have
approximately 50.5 feet of frontage abutting the unconstructed "Way ".
5. The applicant seeks to add a second floor dormer to the south side of the dwelling so that
an existing second floor bathroom may be renovated in accordance with the Building Code. Said
dormer will increase the wall height of that portion of the dwelling that lies as close as 0.5 feet
from the unconstructed "Way ", but will not come any closer to the property line.
6. Based upon the testimony received at the hearing and the above - referenced site plan,
showing both existing and proposed conditions on the Locus, the Zoning Board of Appeals made
a determination that the requested relief may be granted based upon the findings that the
proposed project will not make the existing nonconforming setback distances more
nonconforming and will not be substantially more detrimental to the neighborhood than the
existing nonconformities.
7. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested SPECIAL
PERMIT relief pursuant to Zoning By -law Section 139- 33.A(1) to allow the alteration of the
pre- existing nonconforming dwelling by virtue of an addition of a second -story dormer to the
dwelling on the property, with the following condition:
a. There shall be no exterior construction between Memorial Day and Labor Day
of any given year relative to construction contemplated under this decision.
SI NATURE PAGE T FOLLOW
3
Assessor's Map 73.1.3, Parcel 117
22 Broadway, Siasconset
Siasconset Old Historic (SOH)
Dated: 2 I ,2016
Book 1503, Page 116
Michael J. O'Mara
/ //-7, z & —
erim K ea ac
COMMONWEALTH OF MASSACHUSETTS
County of Nantucket, ss
On the 11 *) day of , e-6 r u a r \/ , 2016, before me, the undersigned notary public,
personally appeared La ward -F4,C, I e-- , 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 purposes therein expressed.
ffic al Signature and Seal of ary Public J.
S5 .� DORIS C. STRANG
My commission expires: ` ) `L Notary Public cp Massachusetts
Commission Expires Oct 9, 2020 4
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