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Home My WebLink About077-84sl'�. TOWN OF NANTUCKET C-7-?' �?e f BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 November 9, 1984 Re: NANTUCKET ISLAND REALTY TRUST (077 -84) Enclosed, please find notice of a decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Any appeal from this action shall be made pursuant to Section 17 of Chapter 40A of the General Laws, and shall be filed within twenty (20) days after this date. B ARD OF APPEALS Lydle L. Rickard, Chairman TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, NOVEMBER 2, 1984 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, NANTUCKET, made the following decision in the Application of NAN- TUCKET ISLAND REALTY TRUST (077 -84), address c/o Bill Cameron, Swain Street, Nantucket: 1. This is an Application for a VARIANCE under Zoning By -Law SECTION 139 -16 (formerly 5), intensity regulations and specifically PARAGRAPH C, concerning set -back from a lot line. The granting of relief would enable the Applicant to extend a new construction,ie. a deck, closer to the lot line along Cornish Street than the 5(five) foot rear or side lot set -back specified forthe Residential -1 Dis- trict. Specifically, the Applicant wishes to extend the decks to the lot line with no set -back. 2. From a review of the Application, drawings L1 and A1-5 of the Brant Point Courtyard by Paul J. Donnelly Architects, represent- ations of Applicant's attorney, the Board finds that the subject property is now under a Special Permit granted by this Board some time in the past. Applicant proposes to replace a dilapidated eight - unit one -story building with a new two -story structure having no more than eight dwelling units as limited by said Special Permit. That structure, in conformity with the Donnelly plans, would have res- pective decks extending from each of 5(five) ground -floor units to- ward the Cornish Street lot line. Fences, subject to HDC approval, running on either side of said decks, would provide visual separation and privacy, defining for each unit a small outdoor patio area. 3. To provide the proposed patio areas without encroaching on the set -back, Applicant would have to site the structure further from Cornish Street. Only a short time remains in 1984 for constructing foundations. Established foundation plantings would also be displaced. 4. At the Hearing, offer was made to provide visual screening between the patio areas and the Cornish Street lot line if a Variance were granted requiring only a two -foot set -bsck. -2- (077-84) 5. The Planning Board gave an unfavorable recommendation as they were lacking the benefit of the Donnelly plans. No further adverse position was heard. 6. The lot in question is of an odd shape unique to the dis- trict with the rear of the proposed structure closely confronting the back of a relatively unattractive automobile agency building. Proposed relief would be uniquely applicable to the subject property. 7. Accordingly, the Board, by UNANIMOUS vote, hereby GRANTS to the Applicant a VARIANCE allowing construction according to the Donnelly plans , of the patio deck areas with only a two -foot set -back along the Cornish Street lot line, under the condition that adequate visual screening be provided. This is done without substantial detri- ment to the Public Good and without nullifying or substantially dero- gating from the intent or purpose of the By -Law. Dated: November 9, 1984 Nantucket, MA 02554 Lydle L.Rickard William R. Sherman , gj_ Eileen I. Cahoon of NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY ,WCXM6&e_? , 1984 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Applica- tion of NANTUCKET ISLAND REALTY TRUST (077 -84) seeking a VARIANCE under SECTION 5.3 (intensity regulations -rear yard set- back) of the Zoning By -Law. If granted the Applicant would be able to extend ground floor decks and associated dividing fences to the rear property line of five new units of a replacement structure for the existing eight -unit, one -story building. The property is located at SWAIN STREET, Parcels 73, 749 75 and 76, Tax Map 42.41 and is zoned RESIDENTIAL -1. L le L. Rlckard, Chairman BOARD OF APPEALS AB -1 FEE $loo.00 Case No. APPLICATION TO THE .BOARD OF APPEALS Nantucket, Massachusetts To the Members of the Board of Appeals: The undersigned hereby applies for relief from the terms of the (ZONING BY -LAW) (BUILDING CODE) on property described below: Location of Property Swain Street Lot NO. Parcels 73, 74, 75 and 76 Plan No. Tax Map 42.41 District is Zoned for Residential - 1 Type of structure (Existing or Proposed) or proposed use: Apartments Owner's Namf Nantucket Island Realty Trust -y- Owner's Address c/o Bill Cameron, Swain Street Nantucket MA When did you acquire this property? 1981 Has application been filed at Building Department? Yes Has any previous appeal been made? Yes Section of By -law or Code from which relief is requested: Section y Intensity Regulations - rear yard set back Reason for asking relief: Applicants are removing a dilapidated, run -down eight unit one story building and replace it with a well designed, well built new structure that will improve their property and the neighborhood. Their plans, drawn by Paul J. Donnelly 71"LrclitLeCLS, propose clin unTTs one through Ti—v—e-Tmave ground floor decks running to the fence on the rear property line These decks would hgve fPnre¢ between them for privacy sakes and would afford the owner of each unit to have a small outdoor patio area. See attached sheet). - Signature of applicant — iichard, . Glidden ATTACH: (1) A list of the names and addresses of each abutting owner and owner abutting the abutters. (2) Check in the amount of $50. 00 made payable to the Town of Nantucket. (3) Map or plan showing the location of the property to be considered. (4) If the applicant is 'other than the owner, please indicate your authority to make this application. BOARD'S DECISION Application submitted to Board Advertising dates Hearing date Decision of Board Decision filed with the Town 0iFFk_ APPLICATION TO THE BOARD OF APPEALS Reason for asking relief (continued): Due to the shape and size of the lot, the only way to build these decks and not encroach upon the rear line set -back area would be to move the building 10 feet closer to the street and destroy the lawn and plantings that have been painstakingly nurtured in order to improve the property and generally improve the overall appearance of the neighborhood. 1 t TC'i%dr? OF NANTUCKET roard of Appeals List of parties in interest in the matter of the petition of: ame: Nantucket Island Realty Trust ddress: c/o Bill Cameron, Swain Street, Nantucket, MA_ 02554 Property address: Swain Street LOCUS 42.4.1 -73, 74, 75 $ 76 Map 42.4.1 Lot 1 Hall, Bion B. Jr. $ Debra L (TE) 81 Green Street Brockton, MA 02401 2 Santelli, Giorgio $ Bett 412 6th Avenue New York, NY 10022 3 Cassebaum, William H. Frances 250 Booth Avenue Englewood, NY 07631 4 Kahn, Janice T. 10 Spring Hill Drive West Orange, NJ 07052 5 Bell, Barrie F.M. Gracemere Tarrytown, NY 10591 6 Johnson, Doris L. 231 East Cross Street Norwood, MA 02062 7 Johnson, SallX R. $ Herman E. 15 North Water Street Nantucket, MA 02554 8 Bates, Bruce B. $ Nancy S_..,,- 87 Grosvenor Road Rochester, NY 14610 9 Willauer, Whitting R. Suite 701 -W 4201 Cathederal Avenue, N.W. Washington, DC 20016 10 Stratton, Lawrence John. and Elsa W. 7 Trotting Horse Drive Lexington, MA 02173 I certify the foregoing is a list of persons who are owners of land abutting the roperty and owners of land directly opposite the property on any street or way, 'ind owners of land within 300 feet of the property, all as they appear on the most :•ecent applicable TAX list. 911�1�� §jPA Date / ssessor Town of Vantucket ` -v t I TC-WV OF DTPNTUCKET roard of Appeals List of parties in interest in the matter of the petition of: Yame: Nantucket Island Realty Trust —. Address: c/o Bill Cameron, Swain Street, Nantucket, MA 02554 _ Property address: Swain Street _ LOCUS 42.4.1 -73, 74, 75 $ 76 Map 42.4.1 Lot 11 Butler, Betty Elliot 77 Damsker, Joseph W. $ Betty P. 208 Cornwall Drive 79 230 Midway Island Pittsburgh, PA 15238 Clearwater, FL 33515 12 Steele, Stuart J. $ Suzanne E. 80 Dunham, Harold E. 12 Storeybrook Lane- 3 Swain Street Amherstl NH 03031 Nantucket, MA 02554 37 Metcalfe, George C. 81 Forster, Alan M. $ Nancy Ann C.._ 38.1 10 North Beach Street 11 Godfrey Lane 38.2 Nantucket, MA 02554 Westport, CT 06880 39 Silva, Albert L. & Gladys M. 82 Sherburne Associates 6 Gardner Road Zero Main Street Nantucket, MA 02554 Nantucket, MA 02554 40 Cassebaum, William H. $ Francis 82.1 Cranberry Construction Co. 42 250 Booth Avenue Whaler's Lane 43 Englewood, NJ 07631 Nantucket, MA 02554 44 71 82.2 McClean, Don $ Mary Lou, et al 51 Deer Hollow Road 41 West, John H. Jr. $ Jeanne H. Marstons Mills, MA 02648 11 Cliffholme Road Owings Mills, MD 21117 82.3 Donahue, Priscilla K. * 9112 Fisteirs Court 45 Stoddard Grove W. F, Anne E. West Springfield, VA 22152 21 Wayside Court Fairfield, CT 06436 ,82.4 Jaffe, Laurence $ Imogene 10 Walsh Street 47 {Nilson, Robert A. c/o Norma L. Oliver Washington, DC 20016 48 32 Shawmut Avenue Hudson, MA 00000 83 Shea, Felice K. 21 East 87th Street 49 Carr, Oliver T. $ Martha H. New York, NY 10028 50 1700 Pennsylvania Avenue Washington, DC 20006 84 Houghton, Anthony J. 1310 D'Artagnan Ct. 66 Albert L. & Gladys M. Silva St. Louis, MO 63141 70 Gardner Road Nantucket, MA 02554 I certify the foregoing is a list of persons who are owners of land abutting, the property and owners of land directly opposite the property on any street or way, and owners of land within 300 feet of the property, all as they appear on the most recent applicable TAX list. rate nssessor Town of Nantucket TCOW OF NANTUCKET hoard of Appeals List of parties in interest in the matter of the petition of: Warne: Nantucket Island Realty Trust Address: c/o Bill Cameron, Swain Street, Nantucket, MA 02554 Property address: Swain Street LOCUS 42.4.1 -73, 74, 75 $ 76 Map 42.4.1 Lot 87 Sherburne Associates, et al 35 Bowman, Robert B. $ Barbara M. Zero Main Street P. 0. Box 628 Nantucket, MA 02554 Nantucket, MA 02553 88.2 O'Connell, Donn & Eileen 38 Metcalfe, George C. 198 Stratford Street 10 North Water Street Boston, MA 02132 Nantucket, MA 02554 89 Kotalac, Stephen J. $ Marsha A. 97 Bell, Barrie F.M. Miacomet Avenue Gracemere Nantucket, MA 02554 Tarrytown, NY 10059 90 Kotalac, Richard $ Barbara J. 36 Bushby, James C. & Brayton, James F. 3 North Beach Street (JT) Nantucket, MA 02554 c/o Violet A. Groll 70 Stony Mill Road 91 Not assigned Amherst, MA 01002 92 Sylvia, Joseph J. $ Florinda Map 42.4.4 4514 N.W. 43rd Terrace Ft. Lauderdale, FL 33313 Lot 15 Silva, Albert L. $ Gladys M. Gardner Road 93 Arno, John B. $ Colleen J. (JT) Nantucket, MA 02554 30 Woodlane Road Lawrenceville, NJ 08648 Map 29 94 Flemming, Charles B. $ Lillian Mary Lot 36 Cordoza, Arthur U. $ Estelle E. 9 North Beach Street 22 Walsh,Street Nantucket, MA 02554 -� Nantucket, MA 02554 95 Geist, Barbara Joan 37 Richardson, Karen J. 4 East 70th Street c/o Mrs. Karen Leske New York, NY 10021 4 Galen Avenue Nantucket, MA 02554 96 Sherburne Associates, et al Zero Main Street 113 Daunis, Alexander B. f, Diana Nantucket, MA 02554 114 52 Taber Avenue Providence, RI 02906 — 99 Town of Nantucket Nantucket, MA 02554 115 Richardson, Karen Julie c/o Ms. Karen Leske, 4 Galen Ave. I certify the foregoing is a list of persons who are owners of land abutting Vie Nantucket property and owners of land directly opposite the property on any street or way, and owners of land within 300 feet of the property, all as they appear on the most recent applicable TAX list. I �I� Agae53 nr TC`71D, cr. r?a.n-TUCKET ':70ard of Appeals List of parties in interest in the matter of the petition of: Pame: Nantucket Island Realty Trust Address: c/o Bill Cameron, -- Swain Street, Nantucket, MA 02554 Property address: Swain Street ap 29 LOCUS 42.4.1 -73, 74, 75 & 76 M Lot 116 Bell, Barrie F.M. 117 Gracemere No. Tarrytown, Ny 10591 118 Wehrly, Donald C. 55 Richmondville Avenue Westport, CT 06880 167 Brant Point Realty Trust c/o Arthur Reade Jr. 168 Milk Street Boston, MA 02109 s • r I certify the foregoing is a list of property and owners of land directly Opposite who are owners of land abutting t5e and owners of land within 300 feet of the osite the property recent a property, Y °II any street the way, applicable TAX list. Y, all as they appear on the most /A assessor -J