HomeMy WebLinkAbout030-91O �- --I1
TOWN OF NANTUCKET
BOARD OF APPEALS
Nantucket, Mass. 02554
To: Parties in Interest and Others concerned with the Decision
of the BOARD OF APPEALS in the Application of the following:
Application No. 030 -91
Owner /Applicant: SHIRLEY M. ROWLEY
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed in 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 court within TWENTY (20) days after this day's date.
Notice of the action with a copy of the Complaint and a certified
copy of the Decision must be given to the Town Clerk so as to be
received within such TWENTY (20) days.
- -
cc: Town Clerk
Planning Board
Building Commissioner
ZONING BOARD OF APPEALS
South Beach Street
Nantucket, Mass. 02554
Map 60 -1 -2 28 Tennessee Avenue
Parcel 31
R -2
At a Public Hearing of the BOARD OF APPEALS held at 1:00
P.M., Friday, May 17, 1991, in the Town and County Building,
Broad Street, Nantucket, Massachusetts, on the Application of
SHIRLEY M. ROWLEY, of 144 Spring Street, Millis, Mass. 02504,
Board of Appeals File No. 030 -91, the Board made the following
DECISION:
1. Applicant seeks a Special Permit under Section 139 -33A of
the Zoning Bylaw to alter or extend a structure said to be
nonconforming as to side /rear setback and for a determination
that I Street is not a street within the definition of Section
139 -2 of the Zoning Bylaw. The Applicant proposes to add a two -
story addition to the dwelling currently on the lot. The
existing dwelling is nonconforming as to side /rear setback being
within 5.71 + of the lot line; the addition will not increase the
nonconformity. The determination is necessary because the
addition will be within 30 feet of the line between the lot and I
Street. In the alternative, applicant seeks a Special Permit
under Section 139 -33A to alter or extend a structure
nonconforming as to front yard setback by making the proposed
addition to the existing shed on the I Street side of the
property and attaching it to the existing dwelling, or, in the
alternative for a Variance under Section 139 -32 from the
requirements of Section 139 -16A (front yard setback) to allow
expansion of an existing structure into the required front yard
setback.
2. Our decision is based upon the application and documents
filed therewith, the testimony and evidence presented at the
hearing, a favorable recommendation from the Planning Board on
Special Permit not further impinging on the 5.71' setback and
unfavorable on the other requested relief. There was no
neighborhood opposition to granting the relief requested.
3. The Applicant presented evidence that the proposed location
for the addition was selected in response to Conservation
Commission concerns about the wetlands area near the existing
structure which required construction in the area as presented.
4. The other area on the lot which would meet the Conservation
Commission's approval contains several mature trees, which
Applicant wants to preserve.
5. The shed, which Applicant would expand under one of the
requests for relief has been on the lot since before zoning, is
nonconforming as to setback from I Street, and is not currently
used for residential purposes.
6. I Street, at the area abutting the subject premises is
unobstructed, clearly in condition to permit the passage of motor
vehicles over it, and affords access to a lot abutting it beyond
the Applicant's property.
7. The Board finds that I Street is a "street" within the
definition in §139 -2 of the Zoning Bylaw, and, therefore,
Applicant would, absent relief from this Board, have to meet the
front yard setback requirement from that side of her property.
8. The Board finds that expansion of the shed substantially as
proposed in Exhibit A, a copy of which is appended hereto, will
not be substantially more detrimental to the neighborhood than
.the existing use and the nonconforming distance is not made more
nonconforming.
9. The Board, by unanimous vote, grants a Special Permit under
§139 -33A to allow expansion of the shed substantially as shown in
Exhibit A.
10. The Board, by a 1 -4 vote (Williams for, Balas, Beale,
Leichter, and O'Mara opposed) deny the request for a Variance and
find that the soil conditions and topography especially affecting
this lot do not bear a sufficient nexus to the need to locate the
proposed addition within the required setback toustain the
granting of the variance as requested -7 If
Date:. i �(
Linda F. Williams
( /l /n �
Ann Balas
J:I Leichter
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554 /
September '?o , 1991
To: Parties in interest and others
concerned with the Decision of the
Board of Appeals in Application No.: 030 - 91
of: SHIRLEY M. ROWLEY
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.
o en J leic ter, Chairman
cc: Town Clerk
Planning Board
Building Commissioner
ZONING BOARD OF APPEALS
South Beach Street
Nantucket, Mass. 02554
Map 60 -1 -2 28 Tennessee Avenue
Parcel 31
R -2
At a Public Hearing of the BOARD OF APPEALS held at 1:00
P.M., Friday, September 13, 1991, in the Town and County
Building, Broad Street, Nantucket, Massachusetts, on the request
of SHIRLEY M. ROWLEY, of 144 Spring Street, Millis, Mass. 02504,
Board of Appeals File No. 030 -91, for a clarification of the
DECISION made by the Board on the Application, the Board made the
following CLARIFICATION:
1. The use of the word "shed" to describe the structure to be
altered or expanded in paragraphs 5, 9 and 10 of the Decision was
solely with reference to the designation of the structure on the
plan appended to the Decision, to distinguish it from the other
structure on the premises, and to establish the type of relief
necessary to permit the proposed work (a single or two - family
residential structure needing only a finding by the Board that
the change will not increase the nonconforming nature of the
structure, other structures, such as commercial or non-
residential buildings, here a "shed ", requiring a finding that
the change will not be substantially more detrimental to the
neighborhood and /or a Special Permit in accordance with §139 -
33A), and not to define the use of the structure before or after
completion of the changes proposed by the Applicant.
2. The use of the word "shed" was not intended and should not
be interpreted to limit the uses allowed within the structure as
existing or as expanded.
3. The structure shown on the plan as a "shed" may be used for
habitation in keeping with the limitations imposed by the Order
of Conditions issued by the Conservation Commission.
4. The Board, by unanimous vote
Beale and O'Mara in favor) CLARIFI
hereinabove stated.
I
L nda F. Williams
G/," _b ao
Ann Balas
ter, Willia
the Deeision,lo
ert J: Leilchter
C. Martell Beale
M'chael 0 'Ma Fa
Balas,
the-Board as
ZONING BOARD OF APPEALS
South Beach Street
Nantucket, Mass. 02554
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held at
1:00 P.M., Friday, May 17, 1991, in the Town and County Building,
Broad Street, Nantucket, Massachusetts, on the Application of:
SHIRLEY M. ROWLEY
Board of Appeals File No. 030 -91
Applicant seeks a Special Permit under Section 139 -33A of
the Zoning Bylaw to alter or extend a structure said to be
nonconforming as to side /rear setback and for a determination
that I Street is not a street within the definition of Section
139 -2 of the Zoning Bylaw. The Applicant proposes to add a two -
story addition to the dwelling currently on the lot. The
existing dwelling is nonconforming as to side /rear setback being
within 5.71 + of the 16t line; the addition will not increase the
nonconformity. The determination is necessary because the
addition will be within 30 feet of the line between the lot and I
Street. In the alternative, applicant seeks a Special Permit
under Section 139 -33A to alter or extend a structure
nonconforming as to front yard setback by making the proposed
addition to the existing shed on the I Street side of the
property and attaching it to the existing dwelling, or, in the
alternative for a Variance under Section 139 -32 from the
requirements of Section 139 -16A (front yard setback) to allow
expansion of an existing structure into the required front yard
setback.
The premises are located at 28 TENNESSEE AVENUE, MADAKET,
Assessor's Map 60.1.2, parcel 31, as shown on Land Court Plan
3092 S, Let 45. The property is z-A. P. -2.
Robert J. Le�gXter, Chairman
BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS 4 -29 -91
TOWN AND COUNTY BUILDING Date
;NANTUCKET, MA 02554 10�
CASE No.
APPLICATION FOR RELIEF
Owner's name(s): Shirley M. Rowl.2y
Mailing address: 144 Spring -S±j"ee - Mill MA 0 ?054.
Applicant's name: David R. Wiley (Agent)
Mailing address: 3 Lyon Street Nantucket MA 02554
Location of lot: Assessor's map and parcel number60.1.2- 31
Street address • 28 Tennessee Ave., Madaket, Nantucket, MA 02554
Registry
Land Ct
Plan, Plan
I3k &
Pg or
Plan File 3092 S Lot
45
Date lot
acquired:
1.2✓13_/9Q_
Deed
Ref _,
Zoning district
R -2
Uses on lot - commercial: None X or
- number of: dwellings 1_ duplex
Building date(s): all pre - 8/72?
Building Permit appl'n. Nos.
MCD?
apartments rental rooms
or addition in 1981 C of 0?
Case Nos. all BoA applications, lawsuits:
State fully all zonincj relief sought and respective Code sections
and subsections, speCIfical.ly what you propose compared to present
and what grounds you urge for BoA to make each finding per Section
139 -32A if Variance, 1;39 -30A if a Special Permit (and 139 -33A
if to alter or extend a nonconforming use). If appeal per 139 -3 A
& B attach decision or order appealed. OK to attach addendum .
Items enclosed as part of this Application: orderl addendum2
Locus map Site plan present +planned structures
Floor plans present proposed elevations (IIDC approved ?_)
Listings lot area frontage setbacks GCRT_ parking data
Assessor - certified addressee 1st 4 sets mailing labels 2 sets_
200 fee payable to Town of Nantucket proof 'cap' covenant
(If an appeal, ask Town Clerk to send Bldg Comr's record to BoA.)
I certify that the requested information submitted is substantially
complete and true to the best of my knowledge, under the pains and
penalties of per] ry.
SIGNATURE: Applicant Attorney /agent
_,
3(If not owner or owner. s attorney, enclose proof of authority)
ADDENDUM A
Applicant seeks a Special Permit under Section 139 -33A of
the Zoning Bylaw to alter or extend a structure said to be
nonconforming as to side /rear setback and for a determination
that I Street is not a street within the definition of Section
139 -2 of the Zoning Bylaw. The Applicant proposes to add a two -
story addition to the dwelling currently on the lot. The
existing dwelling is nonconforming as to side /rear setback being
within 5.71 + of the lot line; the addition will not increase the
nonconformity. The determination is necessary because the
addition will be within 30 feet of the line between the lot and I
Street. In the alternative, applicant seeks a Special Permit
under Section 139 -33A to alter or extend a structure
nonconforming as to front yard setback by making the proposed
addition to the existing shed on the I Street side of the
property and attaching it to the existing dwelling, or, in the
alternative for a Variance under Section 139 -32 from the
requirements of Section 139 -16A (front yard setback) to allow
expansion of an existing structure into the required front yard
setback. Applicant requests a waiver of the filing fee.
TOWN OF NANTUCKET
BOARD OF'APPEALS
Nantucket, Mass. 02554
To: Parties in Interest and Others concerned with the Decision
of the BOARD OF APPEALS in the Application o,f the following:
Application No. 031 -91
Owner /Applicant: WALTER J. GLOWACKI, DAVID D. GLOWACKI, GREG W.
GLOWACKI and KIM GLOWACKI
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed in 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 court within TWENTY (20) days after this day's date.
Notice of the action with a copy of the Complaint and a certified
copy of the Decision must be given to the Town Clerk so as to be
received within such TWENTY (20) days.
Date: 2
cc: Town Clerk
Planning Board
Building Commissioner
ZONING BOARD OF APPEALS
South Beach Street
Nantucket, Mass. 02554
Map 42 -2 -3 39 Washington Street
Parcel 34
RC
At a Public Hearing of the BOARD OF APPEALS held at 1:00
P.M., Friday, May 17, 1991, in the Town and County Building,
Broad Street, Nantucket, Massachusetts, on the Application of
WALTER J. GLOWACKI, DAVID D. GLOWACKI, GREG W. GLOWACKI and KIM
GLOWACKI, of P. O. Box N, Nantucket, Mass. 02554, Board of
Appeals File No. 031 -91, the Board made the following DECISION:
1. Applicant is seeking relief by Special Permit under Sections
139- 18B(2) from the parking requirements of 139 -18D to allow
operation of a fifty -six (56) seat restaurant, waiving two (2)
spaces and to the extent necessary to permit use of sections of
the provided spaces for a loading area during hours when the
proposed restaurant is not open for business. In addition,
relief by Special Permit is requested from the requirements of
Section 139 -20 to allow a portion of the designated loading area
to be used for parking and restricting use of the loading area to
hours when the restaurant is not open for business.
2. Our decision is based upon the application and documents
filed therewith, the testimony and evidence presented at the
hearing, an unfavorable recommendation from the Planning Board.
There was neighborhood opposition to granting the relief
requested.
3. Applicant explained the proposed layout of the parking and
loading areas, showing seven (7) spaces and a loading area which
overlapped two (2) of the spaces and some of the required aisle.
In all other respects, the proposed plan conformed to zoning
requirements and was for a use permitted as a matter of right
within the district, with a proposal to limit seating to fifty -
one (51) seats with 1349 S.F. of storage space.
4. Opposition was expressed by several neighbors to the
potential for noise and increased traffic on a street which is
already heavily used, and general objection to use of the
building as a restaurant in an area now predominantly
residential.
5. Additional testimony centered on the potential for
restaurant customers to use the Town parking lot abutting the
premises, and neighbors stated that the lot was in poor
condition, inadequately illuminated, and exited unsafely onto a
small residential side street which is already in bad repair.
6. The Board, by unanimous vote, DENIES the request for a
Special Permit under §139- 18B(2) to waive two (2) required
parking spaces, the request to allow part of two (2) spaces and a
portion of the aisle to be used to meet the loading area
requirement, and the request to allow the loading area to be used
as parking and restricting the use of the loading area to hours
when the restaurant is not open for business.
Date:—
Ann Balas
Kate Mitchell
10
C. M shall Bea
ZONING BOARD OF APPEALS
South Beach Street
Nantucket, Mass. 02554
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held at
1:00 P.M., Friday, May 17, 1991, in the Town and County Building,
Broad Street, Nantucket, Massachusetts, on the Application of:
WALTER J. GLOWACKI, DAVID D. GLOWACKI, GREG W. GLOWACKI, and KIM
GLOWACKI
Board of Appeals File No. 031 -91
Applicant is seeking relief by Special Permit under Sections
139- 18B(2) from the parking requirements of 139 -18D to allow
operation of a fifty -six (56) seat restaurant, waiving two (2)
spaces and to the extent necessary to permit use of sections of
the provided spaces for a loading area during hours when the
proposed restaurant is not open for business. In addition,
relief by Special Permit is requested from the requirements of
Section 139 -20 to allow a portion of the designated loading area
to be used for parking and restricting use of the loading area to
hours when the restaurant is not open for business.
The premises are located at 39 WASHINGTON STREET, Assessor's
Map 42.2.3, parcel 34. The property is zoned RC.
Robert J. Lei er, Chairman f7,,J
BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALfS 4/26191
TOWN AND COUNTY BUILDING Date
NANTUCKET, MA 02554 03 /
CASE No. G -
APPLICATION FO RELIEF
Owner's name(s) : Walter J. Glowacki, a11vid 17, c_l,owacki, G.rea I9. Clow
Owner's
im owac- c, i
Mailing address: P.O. Qox N, Nantucket. *Massachusetts 02554
Applicant's name: Lori Anne Geddes
Mailing address: P O nox ri, Nantucket, Massactn?setts 02554
Location of lot: Assessor's map and parcel number
Street address: 39 Washiouton street
Registry Land Ct Plan, Plan Bk & Pq or Plan Filo12 2.3-34 Lot
Date lot acquired: _9_/23j s_i_7 Deed Re f_7 ,1 r, f; Zoning district- RC
Uses on lot - commercial: None _ or Pre - existing_ commercial_ MCD ?`
use in garac1e
- number of: dwellings 1 duplex___- apartments' rental rooms
Building date(s): all pre -8/72? or_g0 __&_l
p /1 /RO c' of O ?—
Building Permit appl'n. Nos.
Case Nos. all BOA applications, lawsuits: (059 -88)
State fully all zoninv relief sought and respective Code sections
and subsections, speClfically what you propose compared to present
and what grounds you urge for BoA to make each fjndj.ng per Section
139 -32A if Variance, 139 -30A if a Special Per1flit (and 139 -33A
if to alter or extend a noncon- orming use). If appeal per 139 -31A
& B _ , attach decision or order appealed. 01, to attach addendum
See Addendum "A"
Items enclosed as part of this Application: order.l addendum2
Locus map_ site plan__ showing present +planned structures
Floor plans present proposed__ elevation. (IIDC approved ?_)
Listings lot area !fr_ontage setbacks parking data
Assessor - certifies addressee Mist 4 sets ma�llog labels 2 sets_
$200 fee payable to Town of Nantucket proof 'cap' covenant
l(If an appeal, ask 'Town Clerk to send Llldg Comm record to UoA.)
I certify that the requested information submitted is substantially
complete and true to the best of my knowledge, under the pains and
penalties of perjury.
SIGNATURE: O�iru �iytn�c �e.n�r✓e Applicant — Attorney./agent x
3(If not owner or owner's attorney, enclose proof of authority)
FOR B /oA OFFICE USE
Application copies reed: 4 V or_ for BoA on 66Y— / by�
One copy filed with Town Clerk on_,�J l fQl by complete? C-
One copy each to Planning Bd and Building
$200 fee check given Town Treasurer ons__/ l/2 by waived?
Hearing notice posteci-��J - 1J.?—/ mailed/ -�k I &
Hearing(s) on_/_/_ cont'd to—/__j_, �_/_ withdrawn ?___/__/_
Decision due bye_/_ made—/--/-- filed TC__/__/_ mailed_/_
See related cases lawsuits I I otl.
ADDENDUM A
Applicant is seeking relief by Special Permit under Sections
139- 18B(2) from the parking requirements of 139 -18D to allow
operation of a fifty -six (56) seat restaurant, waiving two (2)
spaces and to the extent necessary to permit use of sections of the
provided spaces for a loading area during hours when the proposed
restaurant is not open for business. In addition, relief by
Special Permit is requested from the requirements of Section 139-
20 to allow a portion of the designated loading area to be used for
parking and restricting use of the loading area to hours when the
restaurant is not open for business.