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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Town Clerk:—/—/— Mailed:_ /_ /_ I &M_ /_ /_ &_ /_ /_ Hearing(s) held on:—/—/— Opened on :_ /_ /_ Continued to:_ /_ /_ Withdrawn:_ /_ /_ Decision Due By:—/—/— Made:_ /_ /_ Filed w /Town Clerk:_ /_ /_ Mailed:_ /_ /_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215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. 17ti� » es a 1.5.1 ,3 c1 M 73.2.41 73 3 731 372 410 � 7 73245 X10 1 i2 tea, al, i9 .49 73.2 .4 33 w u'�GrlHl .3 xic, ' 20m+ Property Information Property 73.1.3%20117 ID 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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APGAR RESIDENCE VIEW DRNE, BDX 22 BROADWAY SIASCONSET, MA cl> o 0' J, cu ob , 'IL 04 4 r, 0 1 4 Ob lb -v (0 Jf CY A, x�� u 0 lkv 1 00 r-7 0 Ln M -n i+ z Q) M %0 %0 0 1+ cl aa CL A .20 �446/j 46 ALI `146 4�v C, -n m 4 ��Ol, =r �v > > 0 0 Co -0 C) CL 0 0 — :3 CD = = 0 (n CD x (n O� N—' CD (D (C CD go M CD (31 M X cn 0 C) U) 0 (j) M 0 0 "'o C-t, 0 0 0 77, C:> C) N) ;t 0 FIr — C) ALI .0 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 I"EXHIBIT A" m N h � W _ N N o T fl z IC1 Q W t!) V• C Z N O S O e1 Q W r �m a �� c O. 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