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Home My WebLink About121-88.4 1c;�i - $Fg TOWN OF NAN'T'UCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 January 31, 1989 File No. 121 -88 To: Parties in interest and others Re: Decision in the Application of: THOMAS F. SHANNON AND HELEN G. SHANNON Enclosed is the decision of the Board of Appeals which has this day been filed with 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 court within twenty (20) days after this 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) gays. cc: Building Commissioner Planning Board Town Clerk n William R. Sherman, Chairman U ZONING BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a public hearing held on Friday, January 13, 1989, at 1:30 p.m. in the Town and County Building, Nantucket, Massachusetts, made the following DECISION upon the application of THOMAS F. SHANNON and HELEN G. SHANNON (121 -88), whose address is 1055 Thomas Jefferson Avenue, N.W., Washington, D.C. 20006. 1. Applicants, per Zoning By -Law SECTION 139- 33A;seek a SPECIAL PERMIT to convert a pre- existing, non - conforming garage on the premises to an accessory building which includes living and sleeping facilities. The Premises are located at 102 Quidnet Road, Assessor's Map 21, Parcel 74 and shown as Lot 4 on Land Court Plan No. 8606 -C at the Nantucket Registry District for the Land Court, and zoned RESIDENTIAL -2. 2. Our findings are based upon the Application papers and plans, and representations and testimony received at our hearing. We find that the garage structure is a valid, pre- existing, non - conforming structure which has existed on the Premises from a time prior to the effective date of the Zoning By -Law. The Premises are non - conforming as to frontage, front yard setback and minimum lot size requirements for this zoning district. The Applicant proposes to expand the existing garage to include second -story living space without expanding the Page One of Three current footprint of the garage in accordance with the plans as filed. _ .S< +n E' 3. We are able to make the requisite findings for a SPECIAL PERMIT that this conversion of the garage to an accessory building will not be substantially more detrimental to the neighborhood than the existing garage structure and will be in keeping with the general purpose and intent of the Zoning By -Law given the lack of opposition from any neighbors, the willingness of the Applicant;to accept the condition that no cooking or eating facilities be constructed .,in the accessory building, the Applicants willingness to limit the use and occupancy of the accessory building to members of the Applicant s` household (including housekeepers and caretakers), and in the modest design as shown on the plan. 4. Accordingly, by UNANIMOUS VOTE, this Board GRANTS the requested SPECIAL PERMIT under SECTION 139 -33A allowing the conversion of the pre- existing garage on the premises into an accessory building in accordance with the plans submitted with the Application upon the following conditions: A. The accessory building shall include no cooking or eating facilities; B. Use and occupancy of the accessory building shall be limited to members of the Applicant's household and caretaking and housekeeping staff, and shall not be leased to third parties; Page Two of Three C. The Applicant shall construct the accessory building in accordance with the submitted plans after same have been approved by the Historic District Commission. Dated: January 3t, 1989 Nantucket, MA J/ WI -E;WAM S4E)lAN, CHAIRMAN CHTER DALE WANE / PETER DOOLEY Page Three of 'Three EDWARD FOLEY VAUGHAN KEVIN F. DALE MELISSA D. PHILBRICK RACHEL G. HOBART HAND DELIVERY VAUGHAN, DALE AND PHILBRICK ATTORNEYS AT LAW WHALER'S LANE NANTUCKET, MASS 02554 (617) 228-4455 William Sherman, Chairman Nantucket Board of Appeals Town and County Building Nantucket, Massachusetts 02554 December 9, 1988 RE: Thomas F. Shannon and Helen G. Shannon Special Permit Application 102 Quidnet Road Nantucket, Massachusetts 02554 Dear Chairman Sherman: Enclosed herewith for filing is an application for Special Permit for property owned by Mr. and Mrs. Thomas F. Shannon and located at 102 Quidnet Road, Nantucket, Massachusetts 02554. I also enclose my check in the sum of $200.00 made payable to "Town of Nantucket." Also enclosed are documents in support of the application. Please mark this application for hearing before the Nantucket Board of Appeals at your earliest convenience. Thank you for your assistance. Sincerely, i KFD /bal Enc. cc: Mr. Ronald Santos, Building Inspector Mr. John Brock, Planning Board Mrs. Joanne Holdgate, Town Clerk Mr. and Mrs. Thomas F. Shannon Mr. Neil Parent Aze-� VAUGHAN, DALE AND PHILBRICK ATTORNEYS AT LAW WHALERS LANE NANTUCKET, MA 02554 1711 53-542/113 PAY 19U� TO THE ORDER $ ';�oo two Vw(Ao'(6 wAd �JICOO DOLLARS Parifir Natitittal Vaith of Nallturket NANTUCKET, - FOR 'SV"' r)0rj- �)Ok - - - ii000 17 1 loo 1:0 1 L 30 54 2 21: 11,00 3 LO 6iil hOA' Form 1-87 No. APPEICATFON NANTUCKET ZONING BOARD OF Al'1'1-'.A1-; ("hOA") 1a i I i ng address: 1055 Thomas Jefferson ,Avenue, ,N,N,,,f;ptlngton,,R,C. 20006 applicant':; ninin! Thomas --- I., Shannon and Helen G. Shannon' a I:1 i I i I Ig 11 d d r es..; : ,.Me Local- ion or InL(s): Assessor's map and pill-(•(!' 21 -74 - ---- ---- Street address 102 Quidnet Road, Nantucket, Massachusetts 02554 Registry LC 14, X%x1KxXxXXQXHxH• 8606-C I.o1. 4 Deed US 8303 Subdivision 1•:1IdoI-!;ed 1:2 ANR7 HaLp Lot(s) acquired: 1978 Zoning district. Number of duelling ""its on Inc(::): - One ' 1) Renill };nest. room!; -N!orie (jimmercial use on lot(s): None MCD7 Bil i ld i ng 41.11 e(s ): a 11, pre-, z I I I I i I I)-.Y nr Building permit npplicat-W" Nos. and C of 07 No Case No(s). or dates all prior 1H)A None !Late fully all zoning relier with all rt-!;pecLiv(-- Code sections "Ild subsections, specifically, what. you propose compared willi present and what gro"nds you "Irge, for BOA to nmkv each I i,ndiop, per Section 139-32A if Variance, -30A if Special Permit, -33A if Lo alLer or extend non-confol-iijillp. use, or to reverse Wilding WpvcLor lq•Aplwal per -31A A B: The applicants seek a Special Permit pursuant to Section 139-33A of the Zoning _By-Law_ to_a lte r a_ preexisting, non-con forming garage structure on the premises --from _aq�araqelto alseconda a bedroom and bathroom including — - specifically for the use of a housekeeper or other domestic e The subject garage is approximately ten (10') feet from Sesachacha Road; a thirty (301 foot -__jpot_front�__yard - setback is required. The subject Lot includes approximately lot size requirement is 20,000- SRUIre-:___ware s uare feet. The subject Lot has 60.00' of frontage an Sesachacha Road; 75' minimum —frontage F"clos"res formi-ng part of this April icill ion: ';Ilppltvllleul ('o above SiLe/olot plan(s) X with pruNv"L/pXHPHXWH Nir"cLures Locus 111ap —X- Floor plans Appeal record Needed: arvas-171TOWroni-pige' - 6 - 0 - . -- 00N,16"4s QW7 parki-ng dnLa A s s e s s n r ' s C v r L i f i v d addressee N I, Fee check for $150.00 payable Lo Town of Na"InAel. QaW covenant certify that the requested InI ormat.jojj !;111,111i 1.1 ed is subst -antially complete and I-rinj to I-he best 1}'(- under Paill.; and p'!IIa1tiv" of perjury.; Signature: And is ALLorney/itgenL X ITH---(;---S -a "en - G `I o h-n-on S ann ,,, I, ya ha , , not. owl T for a"Mm! I By their At orney K EVIN F. DyALli FOR OFFICI•: W';F .Application copies received: 4 (or only ) foi BOA by One copy g ivell Town C.] ork J, by •ompl,el.e7 One Copy seal. to I'lannilly, Board and 1") ho i I d i It)', by - $150.00 check give" Tow" Tre"N"rvr -, / by Notices if I 1) os I� ed led / / ,1 1 1 i ! h od - 1lejIUi.IIj-,(s) heldoll ' — ( Wi I'lldl-11 WI17 Dec ls i ol 'ilI (It / -- ied with Town CA el k J ma i I ed / !;oe related files: IppL i (ati'oIl I i I igal ion other f oard E Rook 42 Page 103 K,Vlt, n.5fcl aGLcltificatc of K,Vilic. No. 8303 From Transfer Certificate No. 6430 , Originally Registered January 25th, 1972 ,In Registration (look 33 Page 30 for the Registry District of Nantucket County. mfjio iii; to cQCtitp that I llottAS F. SHANNON amt 1006 P. Street, N. W. HELEN C. SHANNON of Washington intha(Oounoycek DisLrL_L of Columbia, mud ievas ®arsawmithxeGlhlrneAQ6tV1101X�r married to each other, are the owner s In fee simple , as tenants by the entirety, of that certain parcel of land situate in Nantucket, of Massachusetts in the County of Nantucket and said Commonwealth( bounded and described as follows: °Lot numbered forty -one (41) as shown ou plan numbered 8606 -C, filed with Certificate of 'Ult -le No. 1214 at the Registry 1)IstricL of Nantucket County and all boundary lines may be located on the ground as shown on saki plan.,, NORTHERLY by Lot 40 on aforementioned plan, about three hundred twenty (320. +) feet.; EASTERLY by the ALlautic Ocean; SOU "rilERLY by Lot No. 43 on Bald plan and by lands now or formerly of 8ertest 11. Itay and of Florence 11. .Johnson, about three hundred forty (140.1) feet; and WI:S'rEI(LY by Sesachacha Road, sixty (60.00) feet. And it is further certified that said land is under the operation and provisions of Chapter 185 of the General Laws, and that the title of said T110MAS F. SHANNON and HELEN C. SHANNON to said land Is registered under said Chapter, subject, however, to any of the encumbrances mentioned In Smtlon forty -six of said Chapter, which may be subsisting, and subject also to any and all public rights legally existing In and over Lbe same below mean lilgli water mark. WITNESS, WILLIAM 1. RANDALL, (esquire, Judge of the Land Court, at Nantucket In the County of Nantucket the second day of J ou" in the year nineteen hundred and Seventy -eight at eleven o'clock and f 1 f t y minutes in the forenoon. Attest, with the Seal of said Court, Land Court Case. No. 8606 .l> — Document No. 19552 Assistant Recorder. rn v f W t Q I i ! I W- - - -- - V w _ °o \ UA � I' C� LU \ \ J {U T 7 \ j � `v VT- LU N) V va W i Q I a � a Cie R� ,,�� 1�ct rtro irir ! -lz/ 5.1`r, lop REGrIVr.0 rtltt lira;ltil'tih.t� 17n.Iilaa ,Il d -ak CW*fWt. N,,... /� /��. IWA Forfit 1-117' No.• A I? ITACATT ON NANTUCKET ZONING 110AIM OF APPFAI.S ("110A") [);title(:;): THOMAS F. SHANNON and HELEN G. SHANNON 1;1i.ling address: 1055 Thomas Jefferson Avenue, N.W., Washington, D.C. 20006 -\ppI iCiInL':; 11,111w Thomas F. Shannon and Helen G. Shannon' add r(-!;..;: same 1-ocill-ion of Lot.( : ;): Assessor'.,; iii;ip and IMICV1: 21-74 SLreeL address 102 Quidnet Road, Nantucket, Massachusetts - 02554 I(Cq'isLry I.X, P1., X%XX=%XA%YXXXX)4-X. 8606-C I -o 1 41 Deed CN� 8303 SlIbdivisioll 1•111dor.;cd ANI(7 Da Le I.OL(!;) ac'(11iired: - 6- / -2/- 1- 9 _ - _ 78 Zollilly, disLI-iCL R-2 Nolliber of, dwei-Ii.lig IIIIiLs oil IoL(!;): roollis None ('011111lercial use on ]oL(!;): None MCD? [',III Milli- daLc(s): all. pre -'7'1. z(kililli-.7 or 11ti (I i oi,, pe I. Ili i L app 1. i c. it L i oil Nos. and da 6/_l 7 79 11/2/83 C of 07 No - -- Case No(s). or dales iii-I. prior 110A app] iciiLioir;: None t;i Le fully all. zoii i lig relief !;oI.I),.IIL 1.oi'.vI_1I(,r kv i Lh ;II I respective Code sec t i ons, rend sultsecLions, specifically, what. you CoMIM FC(I W i 1 11 I)I-VS ('11 11 and WI I it L i, r 0 1-111 Cl,; you 11 r il, C , f or 110A Lo make each I i. I it I i n}; Item (; cc L i. o I 1 13`J -32A i f. Variance, - 3 OA if Special 1 ) e rill i 1 . , - 3 A A i f 1 : o u l c e r or e x L U I )d I 10 11 - C 0 11 f 0 rill i 11 use, o 1: Lo rcvcr.se I l t I i I (I i I I)-, I I 1!; 1) e (,. I o I - I iy -.- A 1) pea 1 per -31A & 11: The applicants seek.a Special Permit pursuant to Section 139-33A of the Zoning By-Law to alter a pre-existing, non-conforming garage structure on the premises from a garage -Ito alsecondary dwelling unit including a bedroom and bathroom specifically for the use of a housekeeper or other domestic help. The subject is approximately ten (10') feet from Sesachacha Road; a thirty (30') foot foot front yard setbfL(�k is required. The subject Lot includes approximately + _yL_ _ — square feet; the minimun lot size requirement is 20,000- - square feet. The subject Lot has 60.00' of frontage on Sesachacha Road; 751 ritifiimum frontage Foctosilres part of Lhi!; App] iciiLioii: Supplentettl. Lo ,,hove SiLe/liloL plan(:;) X wit'll ;1,rOc'Lures -- Locus 111ill) X Floor J)Iilll!; Appeal record Needed: __ 60 - -------- CCIQ parking (1111I Assessor's cerLified ;%ddr(-:;!;v(- I i';L (4 Hai I i Ili-, Ulbe 1 (2 Fee check for $150.00 I)jIy,,I1jc Lo Town of Nallikirl(el. "C,11)" CovellailL CCULify LhaL Like VC(IlicsLed lid-orillal-ioll :;II1Wl1IiLL(-d is !;1i1)!;LanLi.a1.Iy compleLe and Ll:tlti to Lit(! 1)(!.;L c lily 110 ICI: Mid J)(!IIa1Li(1S of perjury: A�Rl ic:int ALLorii(.-.y/ai_,eIIL X THoma�; nn Shann I f I)OL Owner, show ba ;i.!; I-or ItILI I 7) lot. I By their At KEVIN F. ALP AI)I)I icaLion copies r(,(--( ive 1: FOR OFFI( I only 11!; F I IMA &FIHI)y copy iiVell Town C.1e, One 1c(_ - ____ _ y Colliple-Lel One copy sent. Lo lloard aild I Dopt'. 1-150.00 check givcii y NoLices of licilri.lig, 1 1 W74 1) os L c I i!;h4.d 1_41_ liellrilli"(s) 1ICId oil colit'itilled Cu w i, 1. (- 1 w 7 ec Lsi oil 'Ilade I' i led wi Lit Town C.I ( ( Im i I ed ,;ec relaLud o L It(. 167 J, Y TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 May /irk 1995 To: Parties in interest and others concerned with the Decision of the Board of Appeals in Application No.: 121 - 88 of: Thomas F. Shannon and Helen G. Shannon Enclosed is the Decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. This Decision provides a Clarification (not a Modification) or authorizes a Temporary Permit under Zoning By -Law Section 139 -26H with no twenty (20) day appeal period required. i � p � Dale W. Waine Chairman cc: Town Clerk Planning Board Building Commissioner NANTUCKET ZONING BOARD OF APPEALS South Beach Street Nantucket, Massachusetts 02554 Assessor's Map 21Parcel 74 Lot 41 Certificate of Title 14960 Land Court Plan 8606 -C Residential 2 102 Quidnet Road DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, May 5, 1995, at 1:00 p.m. at the Town and County Building, Nantucket, Massachusetts, in the matter of the Board's decision in Case No. 121 -88, Applicants Thomas F. Shannon and Helen G. Shannon, previously filed on January 31, 1989, the Board voted unanimously on the applicant's request to clarify Paragraph 1 of the decision in order to correct a typographical error by revising the last sentence of Paragraph 1 as follows: "The Premises are located at 102 Quidnet Road, Assessor's Map 21, Parcel 74, and shown as Lot 41 on Land Court Plan No. 8606 -C at the Nantucket Registry District for the Land Court, and zoned Residential -2." Dated: May /& 1995 RECEIVED TOWN CLERK'S OFFICE NANTUCKET MA 02554 MAY 161995 MIME: - -- ----- - - - - -- - -- CLERK. f:\ wp \shannon \102quidn \boaclar.dec ARTHUR I. READE, ,TR. SARAH E ALGER KENNETH A. GULLICKSEN MARIANNE HANLEY PATRICIA A. HALSTED WHITNEY A. GIFFORD BY HAND I3EADE & _kEOEIR PROFESSIONAL CORPORATION SIX YOUNG'S WAY NANTUCKET, MASSACHUSETTS 02554 (508) 228 -3128 FAX: (508) 228 -5630 May 2, 1995 Dale W. Waine, Chairman Zoning Board of Appeals South Water Street Nantucket, Massachusetts 02554 Dear Chairman Waine: MAILING ADDRESS POST OFFICE BOX 2669 NANTUCKET, MASS. 02584 Re: File No. 121 -88 Thomas F. Shannon and Helen G. Shannon On behalf of my clients Tom and Helen Shannon, I hereby request that you place on the agenda for your May 5, 1995 meeting, a clarification of the decision filed in Case No. 121 -88. The relief granted in this case applies to the property at 102 Quidnet Road, Map 21, Parcel 74, which is Lot 41 on Land Court Plan 8606 -C. The decision filed with the Town Clerk incorrectly referenced the lot as "Lot 4 ". Apparently in an attempt to clarify this, the lot number was changed to Lot 40 on the decision registered at the Registry of Deeds. However, Lot 40 is an adjacent parcel of land owned by the Shannons, and has no connection with the relief granted under the decision. For your convenience, I am enclosing a form of Clarification of Decision. If you wish to make changes to the form, please let me know, and I will have a new version sent to you. Sincerely, ;Marianne Hanl y MH /mcp Enclosure CC: Thomas F. Shannon, Attorney Collier, Shannon, Rill & Scott 3050 K Street, N.W. Washington, D.C. 20007 f: \wp \shannon \102quidn \boaclar.ltr