The URL can be used to link to this page

Home My WebLink About031-94TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 o 3�1 (/ Date: June 14 , 1994 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 031 -94 Owner /Applicant: NEAL B. WHELDEN 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 an complaint in 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. Linda F. Williams, Vice Chairman cc: Town Clerk Planning Board Building Commissioner Map 42.3.3 Parcel 134 ROH TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 14 Vestal Street & 08 Copper Lane Deed 357/05 At a Public Hearing of Zoning Board of Appeals held at 1:00 P.M., Friday, April 8, 1994 in the Selectmen's Meeting Room, in the Town and County Building, Broad Street, Nantucket, MA, on the Application of NEAL B. WHELDEN, 14 Vestal Street, Nantucket, MA 02554, Board of Appeals File No. 031 -94, the Board made the following Decision: 1. Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By -Law §139 -33A in order to alter a said to be pre- existing, non - conforming structure and use. Applicant proposes to remove two bays of a four bay garage, turning them into the first floor living space of a two floor apartment. Applicant's structure is non - conforming as to setbacks, being located 3.6+ feet from the easterly side yard lot line and 3.4+ feet from the rear yard lot line in a district that requires a 5 foot rear and side yard setback, and as to use, there being a commercial use in a residential zone. Applicant's proposal would not entail coming any closer to the lot lines than the existing structure. The premises are located at 8 COPPER LANE AND 14 VESTAL STREET, Assessor's Map 42.3.3, Lot 134, as shown in Registry Plan Book 14, Page 44, Lot 2. The property is zoned Residential Old Historic. 2. The Decision is based upon the Application and materials submitted with it, the testimony and evidence presented at the Hearing, no letters in opposition and a favorable recommendation from the Planning Board. 3. Applicant proposes to remove two bays of a pre- existing, non - conforming commercial 4 -bay garage and replace them with the first floor living space of a two -floor apartment. Currently on the locus, are a single family dwelling that faces Vestal Street, and a non- commercial garage structure on the westerly portion of the lot, and the subject commercial garage structure on the easterly portion of the lot. The garage has been used for storage of materials primarily relating to Applicant's own and other family members' plumbing business that has been operated continuously since a time prior to zoning enactment in 1972. 4. Relief from this Board is necessary as Applicant wishes to alter a structure that is presently non - conforming as to setbacks being sited 1.9+ feet at its closest point from the easterly lot line and 1.2+ feet from the southerly lot line bordering Copper Lane. Applicant is lessening the non - conformity by replacing a portion of the commercial space with a permitted use, that of a dwelling unit. Applicant further represents that the locus consists of the two merged Lots 1 and 2, as shown on Exhibit A attached hereto, and the lots cannot be separated and marketed individually. Applicant will meet the parking requirements for the lot, providing at least two spaces for the two dwelling units. The footprint /haight will notbe altered or increased. 5. Accordingly, by a unanimous vote, the Board GRANTS the requested Special Permit under §139 -33A, to alter the pre- existing, non - conforming garage structure by converting two bays into living space, and finds that grant of said relief will not be substantially more detrimental to the neighborhood than the existing non - conformity. Dated: June �q , 1994 ( ?w Ann Balas MicVael 0,Wra ;' / 64ichael Angelastro RECEDED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 JUN 141994!, TIME: s%� / "► CLERK: .GG��. _ ✓^ O k A , ON: Dasm: .......... GA RAG V A— S 77 7j....... 809f � a 0 G C� DOCK I 0 Aa .5 7-Y. W1r GA RAG G.C. 0. F, 809f � a 0 .5 7-Y. W1r 0. F, a 0 C� DOCK I 0 7 1 G 0. G. C, .A- (b C0 p 1:, z P- I CERTIFY, As OF THAT THE BUILDING(S) IS/ARE LOCATED ON THE GROUND AS SHOWN HEREON. PROFESSIONAL LAND SURVEYOR THIS PLOT PLAN.WAS PREPARED FOR THE TOWN OF NANTUCKET BUILDING DEPARTMENT ONLY AND SHOULD NOT BE CONSIDERED A PROPERTY UNE SURVEY. THIS PLAN SHOULD NOT BE USED TO ESTABLISH PROPERTY LINFSj FENCES, HEDGES, OR ANY,. ANCILLARY STRUCTURES" THE PREMISES. THE PROPERTY-LINES SHOWN RELY, ON CURRENT , ; .DEEDS AND PLANS OF RECORD. 5THM,.PLM-,PLAWJS:NOT A ;CERTIFICATION AS TO �*'OWNERtHIP OF T 'TITLE:�,.'.OR,, HE-�IPROPERTY SHOWN. 'NG PROPERTIES ARE SHOWN 'OWNERS ,OF .'ADJOINING ACCORDING ,70.� CURRENT ASSESSOR RECORDS. ASSESSOR MAP:2, 3.3 . PARCEL LM.- u , t. .. . , _r V. BUILDING LOCATION PLAN OF LAND IN NANTUCKET, MASS. SCALE: 1'='20' DATE:3-23--9-l' Owner: 4075 1& 2 Deed: 3,37.—..5 .' . . . . . Plan ..42.-7 . . . . . Locus yg T--1dre -15r-.A CHARLES W. HART & ASSOCIATES, Inc. SANFORD, BOAT BUILDING 49 SPARKS AVENUE NANTUCKET, MASS. 02554 BE RECORDED. (508) 228-8910 H-433-9 Zoning Board of Appeals South Beach Street Nantucket, Mass. 02554 NOTICE A Public Hearing of the ZONING BOARD OF APPEALS will be held at 1:00 P.M., Friday, May 6, 1994, in the Town and County Building, the Selectmen's Meeting Room, Broad Street, Nantucket, Massachusetts, on the Application of: NEAL B. WHELDEN Board of Appeals File No. 031 -94 Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By -Law §139 -33A in order to alter a said to be pre- existing, nonconforming structure and use. Applicant proposes to remove two bays of a four bay garage, turning them into the first floor living space of a two floor apartment. Applicant's structure is nonconforming as to setbacks, being located 3.6± feet from the easterly side yard lot line and 3.4± feet from the rear yard lot line in a district that requires a 5 foot rear and side yard setback, and as to use, there being a commercial use in a residential zone. Applicant's proposal would not entail coming any closer to the lot lines than the existing structure. The premises are located at 8 COPPER LANE, Assessor's Map 42.3.3, lot 134, as shown in Registry Plan Book 14, Page 44, Lot 2. The property is zoned Residential -Old Historic. lam'' Dale W. Waine, Chairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE CALL (508) 228 -7215. BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS -I- TOWN AND COUNTY BUILDING _Dare NANTUCKET, MA 02554 CASE No ✓l(1 - APPLICATION FOR RELIEF Owner's name (s) Mailing address: Applicant's name: Mailing address: ' ..- ,1 Location of lot: Assessor's map and parcel number °. w.�' g 7 Street address: _sue a 7. �bt J Registry L L ' _ ", Plan Bk & Pg Oire la File _� Lot p� Deed Ref Uses district✓f:. Date lot acquired: /)—/-2M Deed on lot - commercial :'None _ or MCD ?_ - number of: dwellings_ duplex_ apartments_ rental rooms_ Building daLe(s): all pre -8/72? I or C of O ?_ Building Permit appl'n. Nos. Case Nos. all BOA applications, lawsuits: State fully all zoning relief sought and respective Code sections and subsections, specifically what YOU propose compared to present and what grounds you urge for BOA to make each finding per Section 9 -32A _ if variance, 139 -30A if a Special Permit ( and 139 -33AA if to alter or extend a nonconforming use). If app per B _ attach decision or order appealed. OK to attach addendum2. Xj �17K ':�f � ! A' E.�i� /L°��/67 , �s ��'' ��`' ,� -"— "::.._ -ter ! "? : � i`��.•c..47 /L-. / • 4,/' 0: f``• 7fL'�7 C,. i . Items enclosed as part of this Application: orderl addendum2 Locus map_ Site plan showing present +planned structures Floor plans present proposed_ elevations (Hpa aapproved?_) Listings lot area frontage setbacks GCR parking data Assessor- certifie3 addressee List 4 sets_ ma�ing labels 2 sets_ 200 fee payable to Town of Nantucket proof -T cap covenant _ I (If an appeal, ask Town Clerk to sen3 Bldg Comr s record to BOA.) I certify that re s ee - -information submitted is substantially complete and to ie p st of my knowledge, under the pains and penalties of `// SIGNATURE: Applicant Attorney /agent 3(If not owner or owner's attorney, enclose proof of authority) FOR BBoA OFFICE USE Q{� /C Application copies reed: 4, or_ "or BOA on / ` GbY� One copy filed with Town Clerk on 'Y I� by complete ?_ One copy each to Planning Bd and B ilding DeptbY -� $200 fee check given Town by waived ?_ Treasurer on N Hearing notice posted --�/ Wmailed -q & M �-4 99�) Hearing (s) one_-_/_ cont'd to_,/--/_, _/--J— withdrawn ?__/__J_. Decision due by_/_/_ made_/_ filed TC__/--/_ mailed__/__J_ See related cases lawsuits other UL W LO LL 0 W (A y Y rn W W F- 0 W W LUUU D 0- Q Z 0 Q Yi LLJ Cr ~ Z +U ZONING CLASSIFICATION: . . . . . . . EXISTING: \5-000 MIN. AREA. MIN. FRONTAGE: A 11C FRONT YARD S.B.: 3.6 REAR & SIDE S.B.: • • • • . . . . . GROUND COVER (7.): • • • )E7 a 7- -A_ A_ '77 7,7. 71 ------- 1330= \4 /-8 STY. CAX A G SHOP G. C. ,5.F' jl -5 7 12 1-r C JK p- C I CERTIFY, AS OF . '? 7 THAT Twr Pimniwrt,;) lR/ARF I oCATED ON THE RTTTT,DTNC, LOCATION PLAN 3.6 1330= RTTTT,DTNC, LOCATION PLAN — i i N 10D 000.E .` W.1 -a f Y1.1 -iT r1YTYYlt TIDY � }` , � fOGI •Ii WARD ' �s• I ♦ I yf! J f Ix y .. f✓IIaT GMYrY »CS ! » r eo -143. EEAEN e / � 1» u -fu ' / a Yt. w1 N y srR EET ' 4 r.i loo 1 •!�`� Ua l» Y rYTVGfiT', GO JT 'lYfIdY1'J1r: �If)OOYTNM� Of 110 111 IOi IM •.[R IIr _ IW ITI YI- u _ r �I M 11 ": ITt O 111 Ir1 O IN J MW rfV[ICT rY11 TGKLL aKK111T10Y ' ..,1 " • YES TAL )K I, �. • M YunuolT TK rwiyuli � Ia1 W OGCIITG f0GI1i1 � 8T/IEE, YlulGat xl� OGU G u GREEN LANE ,4} f CpppER. LANE`- a ,a l4 +f u SU li �.. I.I�Y1 W ., ` a ET STRE _ w 'f sb Y 1y 1` ... t1. as to a Y1L � IT a ilia `Za ,o lrl�e ii.19.1 N AN TI 'ANTI • 1 , \ tl, Ip[., fNQWH ME�EOrY WAS v r �WVR{p i.� ilaTOaRM 0 aEOS 10 4� S.Yr li •'� —!".MI AND PLANS pKQRO sANP'IS` NOT TO EE ,, ,.� Y �CONlTRIlED VINQ }L(F /ICIENi ACCW- t?V ";;CY 100. CGNV Y!INCEI;';, -- PLANNING BOARD FORM NANTUCKET PLANNING BOARD TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 ASSESSOR'S LIST OF PARTIES IN INTEREST PROPERTY OWNER: i 1P .k 1 I P a t�,N °- APPLICANT: Cam,., A-V- LQ ADDRESS OF PROPERTY: C I'jn r- n ASSESSOR'S MAP AND PARCEL LIST OF PARTIES INCLUDING ADDRESSES(OR SEE ATTACHED ): I certify that the foregoing (or attached ) lists all persons, natural or legal, who are owners immediately abutting, landowners abutting the immediate abutters, and those landowners located directly across all streets and ways bordering the-.property line of Owner's- property, as they (and their address) appear on the most recent applicable tax list (pursuant to 2.06a (4) of the Planning Board Subdivisiorr Submission Requirements}. Date Assessor's Office Town of Nantucket 04/87/94 TOWN OF NANTUCKET 07:48:54 OWNER'S MAILING ADDRESS LIST Map Block Lot Owner's /Co- Owner's Name Mailing Address /City State Zip Property Location 4233 / 0169 SWALLOW HELENA A 0010 VESTAL ST 0010 VESTAL ST NANTUCKET MA 02554 4233 0168 MERRILL ROGER III & PETER TRS 0147 MARTINS LN 0008 VESTAL ST VESTAL REALTY TRUST HINGHAM MA 02043 4233 0087 WILEY WILLIAM LEE & MARY R TRS 1600 FAIRVILLE RD RR1 0021 MILK ST TWENTY-ONE MILK ST NOMINEE TR CHADDS FORD PA 19317 4233 / 0091 ANDERSON HAROLD E & EDITH PO BOX 568 0007 COPPER LN NANTUCKET MA 02554 4233 0135 WHELDEN NEAL BOYD 0014 VESTAL ST 0014 VESTAL ST NANTUCKET MA 02554 4233 0092 MINOT ROBERT E ONE BOSTON PLACE 024-0031 0016 VESTAL ST C/O THE BOSTON CO /E BUCKLEY BOSTON MA 02108 4233 0088 DUPREY KENNETH 0023 MILK ST 0023 MILK ST NANTUCKET MA 02554 4233 , 0089 MELENDY BARBARA 0025 MILK ST 0025 MILK ST NANTUCKET MA 02554 4233 0090 FARRELL JOAN M FKA MACDONALD 0027 MILK ST 0027 MILK ST NANTUCKET MA 02554 4233 ! 0172 MOORE ROBERT L JR TR 1616 N FORT MYER DR 0009 VESTAL ST WASHINGTON CAPITAL STE 1210 ARLINGTON VA 22209 4233 / 0171 WOODRUFF JANE D TR 0011 VESTAL ST 0011 VESTAL ST WOODRUFF -ROEHM TRUST NANTUCKET MA 02554 4233 ✓ 0039 *GLIDDDEN J CURTIS 0003 COPPER LN 4233 / 0086 LATHAM ERNEST B & CHAILLE W 0234 E 53 ST 0017 MILK ST NEW YORK NY 10022 NUMBER OF RECORDS = 13 PAGE 1 MUAS750 7.2