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Home My WebLink About059-94TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: -`► , ~41- 1 • 19 94 To: Parties in Interest and_Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: Owner /Applicant: 059 -94 EUGENE P. COLLATZ AND JUDITH A. COLLATZ 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. W Dale W. Waine - Chairman cc: Town Clerk Planning Board Building Commissioner f TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS Map 42.4.1 12 Harbor View Way Parcel 27 shown as Lot 5 (part) Limited Commercial Plan Book 8, Page 13 At a Public Hearing of the Zoning Board of Appeals held on Friday, August 12, 1994, at 1:00 P.M. in the Town and County Building, Nantucket, on the Application of EUGENE P. COLLATZ and JUDITH A. COLLATZ, c/o Reade & Alger P.C., Post Office Box 2669, Nantucket, Massachusetts 02584, Board of Appeals File No. 059 -94, the Zoning Board of Appeals made the following Decision: 1. Applicants are seeking relief by SPECIAL PERMIT under Zoning By -Law §139 -33A to allow for the demolition of the existing primary dwelling and construction of a new primary dwelling to be connected to the existing secondary dwelling by a breezeway. The Locus is said to be pre- existing and nonconforming as to lot area, having 4,285+ square feet; ground cover ratio, having 31.40 %; side yard setback, with the primary dwelling being sited 2.9+ feet at its closets point on the westerly side lot line; and side and rear yard setbacks with the secondary dwelling being sited 1.5+ feet at its closets point on the easterly side lot line. A lot area of 5,000 square feet, ground cover ratio of 30 %, and side and rear yard setbacks of 5 feet are required. The proposed construction would eliminate the side yard nonconformities of the existing primary dwelling and would increase the ground cover ratio from 31.40% to 38.25 %. See BOA File No. 067 -90. The premises is located at 12 HARBOR VIEW WAY, Assessor's Map 42.4.1, parcel 027, and are shown as lot 5 (part) in Plan Book 8, page 13. The property is zoned Limited Commercial. 2. The Board's decision is based upon the application, materials filed therewith, and revised plans and oral presentation made at the public hearing. One neighbor appeared at the hearing but voiced no opinion on the application. The Planning Board made no recommendation. 3. There currently exists upon the property a primary dwelling and a garage apartment, having a total ground cover of 1,340 square feet. Applicants represent that the proposed demolition and reconstruction of the primary dwelling will eliminate the pre- existing side yard setback nonconformity of the primary dwelling. Revised plans presented by the applicant at the hearing show the proposed breezeway eliminated from the project, and a scaling back of the rear deck and porch. If constructed in this fashion, 273 square feet of ground cover would be added. Overall resulting ground cover ratio would be 37.6 %, rather than 38.25 %, as initially proposed in an area where 30/ maximum ground cover is allowed. We further note that -1- the revision still eliminates the existing 2.9+ foot side yard nonconformity of the primary dwelling; required setback between primary and secondary dwellings would also be maintained. Applicant represents that off - street parking requirements are met, as two spaces are provided. 4. Although one member of the Board expressed concern about the increased footprint of the proposed reconstructed primary dwelling, the Board finds that the Special Permit relief requested to allow for the demolition and reconstruction of the primary dwelling would not be substantially more detrimental to the neighborhood than the existing non - conforming structure upon the property. 5. Accordingly by a vote of four members (Waine, Leichter, Williams, O'Mara) to one ( Balas opposed) the Board grants Special Permit relief pursuant to §139 -33A. to allow for the demolition of the existing primary dwelling upon the property and reconstruction of a new primary dwelling, which will increase existing ground cover ratio on the lot to 37.6 %, upon the following conditions: a.) The new primary dwelling shall be constructed substantially in accordance with the plan presented, as shown on Exhibit A attached hereto, and approved by the Nantucket Historic District Commission under Certificate of Appropriateness No. 25703. b.) The overall ground cover ratio for structures upon the premises shall not exceed 37.6 %, without further relief from this Board. c.) Exterior construction of the proposed new primary dwelling shall be limited to the off - season time period of September ugh June 15. Dated: 1994. n e A . I I Waine RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 SEP 011994 TIME: CLERK: kah /52 /COLLATZ -2- ._Leichter Linda F. Williams . \W4�/ U Micha 'Mara go-Tvalg- Ann Balas I11 V�n 0 �ny1, �)I V �I II� I� N o Ii �s iy . r'r V (O� 75 QQQJ EXHIBIT A c Nb N 1 F -- Tu s �II, I� i- IC M i luq I. f i I� i- IC M 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, August 12, 1994, the Selectmen's Meeting Room, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: EUGENE P. COLLATZ AND JUDITH A. COLLATZ Board of Appeals File No. 059 -94 Applicants are seeking relief by SPECIAL PERMIT under Zoning By -Law §139 -33A to allow for the demolition of the existing primary dwelling and construction of a new primary dwelling to be connected to the existing secondary dwelling by a breezeway. The Locus is said to be pre- existing and nonconforming as to lot area, having 4,285± square feet; ground cover ratio, having 31.40 %; side yard setback, with the primary dwelling being sited 2.9± feet at its closest point on the westerly side lot line; and side and rear yard setbacks, with the secondary dwelling being sited 1.5± feet at its closest point on the easterly side lot line and 1.3± feet at its closest point from the rear yard lot line. A lot area of 5,000 square feet, ground cover ratio of 30 %, and side and rear yard setbacks of 5 feet are required. The proposed construction would eliminate the side yard nonconformities of the existing primary dwelling and would increase the ground cover ratio from 31.40% to 38.25 %. See BOA File NO. 067 -90. The premises is located at 12 HARBOR VIEW WAY, Assessor's Map 42.4.1, parcel 027, and are shown as lot 5 (part) in Plan Book 8, page 13. The property is zoned Limited Commercial. CQ4 0 QL / auL)�4 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 Owner's name(s): Mailing address: Applicant's name: Mailing address: NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 CASE No.(�' APPLICATION FOR RELIEF Eugene P. Collatz and Judith A. Collatz c/o Reade & Alger P.C., P.O.''Box 2669, Nantucket, MA 02584 same same Location of lot Assessor's map and parcel, number 4241 - 027 Street address: 12 Harbor View Way Registry Land Ct Plan, Plan Bk & Pg or Plan File 8 Page 13 Lot 5 (part) Date lot acquired. Deed Ref 2321183 zoning district LC Uses on lot - commercial: None X or MCD? No - number of: dwellings2 ., duplex apartments rental rooms_ DO Building date(s): all pre -8/72? No. or C of 0? Yes Z* .Building Permit appl'n. Nos. 7725 -90 -i Z Case Nos. all BoA applications, lawsuits: 067 -90 and 056 -94 (withdrawn) �mn State fully all zoning relief sought and respective Code sections and subsections, specifically what-you propose compared to present >o° and what grounds ou urge for BoA to make each finding per Section i1 J 139 -32A if Variance, 139 -30A x if a Special Permit (and 139 -33A �n m if to alter or extend a ftoncon.orming use). If appeal per 139 -3JA & B attach decision or order appealed. ON to attach addendum . Applicant seeks a Special Permit pursuant to §139 -33A of the by -law to allow r for the demolition of the existing primary dwelling and construction of a new M primary dwelling to be connected to the existing secondary dwelling by a breezaway:v The Locus is pre- existing and nonconforming as to lot area, ground cover ratio and side and rear yard setbacks. The proposed construction would eliminate side yard nonconformities of the existing primary dwelling, and would result, in an overall ground cover ratio of 38.25 %; existing ground cover is 31.4 %. Required ground cover ratio is 30 %. Items enclosed as part of this Application: orderl addendum2 Locus map x Site plan'X showing present X . +planned X structures Floor plans present proposed 'elevatl—ons x (HDC approved? X) Listings lot area X--7rontage X7—setbacks X GCR X parking data X Assessor - certifies— addressee I1-st 4 sets 9'maPl g labels 2 setsR" 1200 fee payable to,Town.of Nantucket X proof - 'cap' covenant (If an appeal, ask Town'Clerk to senU—Bldg Comr s.record to BoA7F I certify that the requested information' submitted is substantially complete and true to the best of my knowledge,' under the pains and penalties of pe ury. SIGNATURE: Applicant Attorney /agent X 3(If not owner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE Application copies reed: 41,-' or____ for BoA on)/1� Y by One copy filed with Town Clerk on y One copy each to P1 nning Bd and Building Dept�25�� ty 1 $200 fee checiC�gi[% n Town r surer on_ -�by waived?^ (� Hearing notice posted� mailed�/� -' I & M/7%1�, Hearing(s) one!/_ cont'd to_/^/ ^, _/`/_ withdrawn ?�_/_ Decision due by_/_/_ made•_/_/_ filed TC-,_/„_/_ mailed —/__/_ See related cases lawsuits other r DO Z* C -i Z `- �mn � LO >o° i1 J �n m BOA Form 2 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MASSACHUSETTS 02554 ASSESSOR'S LIST OF PARTIES IN INTEREST PROPERTY OWNER: _Eugene P. Collatz and Judith A. Collatz APPLICANT FOR RELIEF (SAME? Yes ADDRESS OF PROPERTY: 12 Harbor View Way ASSESSOR'S MAP - PARCEL: 4241 -027 LIST OF PARTIES INCLUDING ADDRESSES (OR SEE ATTACHED _ -__): I certify that the foregoing (or the attached - lists all persons, natural or legal, who are owners of abutting property, owners of land directly opposite on any public or private street or way, and abutters of the abutters and all other land owners within three hundred feet of the property line of Owner's property, as they (and their address) appear on the most recent applicable tax list [per M.G.L. c.40A, Section 11 and Zoning Code Chapter 139, Section 139- 29D(2)1- Date * Note: Applicant (petitioner) which zoning relief is sought, which might become involved in parcels for each abutter. (mr- i /hna f nrm ) Ass_e sor 5 Town'ot Nantucket i � z should include with the lot for any commonly -owned abutting lots the zoning matter. List map and Submitted by Reade & Alger P.C. Date: _ M_20 , __1994 Reade & Alger Client:_ Collatz — 07/07/94 TOWN OF NANTUCKET PAGE 1 08.34.03 OWNER'S MAILING ADDRESS LIST MUAS750 8.1 Map Block Lot Owner's /Co- Owner's Name Mailing Address /City State Zip Property Location 4241 0027 COLLATZ EUGENE P & JUDITH A 3052 134 AVE NE 0012 HARBOR VIEW WAY BELLEVUE WA 98005 4241 0031 GRIGGS SYLVIA 0044 CLAYPIT HILL RD 0002 HARBOR VIEW WAY WAYLAND MA 01778 4241 0032 HALLERAN ARTHUR J ETAL TRS ZERO MAIN ST 0072 EASTON ST SHERBURNE ASSOCIATES RTY TRUST NANTUCKET MA 02554 4241 0030 MORE DAVID B & GAIL D 0004 HARBOR VIEW WAY 0004 HARBOR VIEW WAY NANTUCKET MA 02554 4241 0028 MABBETT HAUTHAWAY & ANITA L 192 CHANNEL DRIVE 0008 HARBOR VIEW WAY VANDERBILT BCH FL 33963 4241 0062 FINE CAROLE SUE & COULON 7 LANCASTER ST 0008 SOUTH BEACH ST MAURICE W CAMBRIDGE MA 02140 4241 00621 MORE CHARLOTTE 2100 KINGS HIGHWAY 0001 MACKAY WAY PO BOX 739 PUNTA GORDA FL 33980 4241 00621 MORE CHARLOTTE 2100 KINGS HIGHWAY 0001 MACKAY WAY PO BOX 739 PUNTA GORDA FL 33980 4241 0063 GULBRANDSENS G P 0067 BRIDGE ST 0066 EASTON ST PO BOX 508 MILFORD NJ 08848 4241 0061 HALLERAN ARTHUR J ETAL TRS ZERO MAIN ST 0064 EASTON ST SHERBURNE ASSOCIATES RTY TRUST NANTUCKET MA 02554 4241 0060 HESS WALTER R TR ONE INTERNATIONAL PLACE 0060 EASTON ST C/O WINTHROP HOTEL & RESORTS BOSTON MA 02110 4241 0089 NYREN GEORGE F TR PO BOX 990 0001 NORTH BEACH ST NYLEE TRUST WESTBORO MA 01581 4241 00881 HOFFMAN ANTHONY M & ANNE S TRS 0059 EASTON ST 0059 EASTON ST FIFTY NINE EASTON ST NOMINEE T NANTUCKET MA 02554 4241 00882 SPICER WILLIAM H & CHRISTINA J 0010 E ROBIN RD 0001 CORNISH ST HOLLAND PA 18966 4241 0087 HESS WALTER R TR ONE INTERNATIONAL PLACE 0057 EASTON ST C/O WINTHROP HOTEL & RESORTS BOSTON MA 02110 4241 0084 FAIR WIND PARTNERS 5280 N OCEAN DR - APT 5C 0006 WALSH ST C/O HOUGHTON ANTHONY J SINGER ISLAND FL 33404-2612 4241 0086 BURTON ROBERT M TR 0009 LAUREL PL 0055 EASTON ST BURTON FAMILY REALTY TRUST MONTCLAIR NJ 07043 4241 0085 GLIDDEN RICHARD J TR 0037 CENTER ST 0053 EASTON ST 53 EASTON STREET REALTY TRUST NANTUCKET MA 02554 4241 0056 *REIN HARRY T & SUSAN D 0174 TURTLEBACK ROAD 0003 WALSH ST NEW CANAAN CT 06840 4241 0057 HESS WALTER R TR ZERO MAIN ST 0004 WILLARD ST SHERBURNE ASSOCIATES R T NANTUCKET MA 02554 4241 0096 HALLERAN ARTHUR J ETAL TRS ZERO MAIN ST 0003 CORNISH ST SHERBURNE ASSOCIATES RTY TRUST NANTUCKET MA 02554 4241 0020 NICHOLSON JEFFREY J DEBORAH E PO BOX 373 0041 EASTON ST HARDY JANE NICHOLSON NANTUCKET MA 02554 4241 00823 DONAHUE PRISCILLA D PO BOX 307 0004 SWAIN ST SCARBOROUGH MANOR SCARBOROUGH NY 10510 4241 00822 FORSTER ALAN M & NANCY ANNE C 0011 GODFREY LN 0006 SWAIN ST WESTPORT CT 06880 4241 0058 POLLARD GILDA C PO BOX 343 0045 EASTON ST NANTUCKET MA 02554 4241 0059 POLLARD EDMUND T PO BOX 343 0047 EASTON ST NANTUCKET MA 02554 07/07/94 TOWN OF NANTUCKET 08.34.03 OWNER'S MAILING ADDRESS LIST Map Block Lot Owner's /Co- Owner's Name Mailing Address /City State Zip Property Location 4241 0019 HESS WALTER R TR ZERO MAIN ST 0043 EASTON ST SHERBURNE ASSOCIATES R T NANTUCKET MA 02554 4241 0023 HESS WALTER R TR ONE INTERNATIONAL PLACE 0050 EASTON ST C/O WINTHROP HOTEL & RESORTS BOSTON MA 02110 4242 0009 *TOWN OF NANTUCKET 0000 HARBOR VIEW WAY 4242 0008 NANTUCKET YACHT CLUB PO BOX 667 0003 HARBOR VIEW WAY NANTUCKET MA 02554 4242 0007 HESS WALTER R TR ZERO MAIN ST 0011 SOUTH BEACH ST SHERBURNE ASSOCIATES R T NANTUCKET MA 02554 4242 00571 HESS WALTER R TR ZERO MAIN ST 0015 SOUTH BEACH ST SHERBURNE ASSOCIATES R T NANTUCKET MA 02554 4241 0026 STILLER GERALD I & ANNE MEARA 1500 BROADWAY - 31ST FLOOR 0014 HARBOR VIEW WAY C/O STEVEN BURN NEW YORK NY 10036 NUMBER OF RECORDS = 33 PAGE 2 MUAS750 8.1 / y 1 aivNIa 3S aoo� sl3snHDvssvW H1ZION Q x < ' U x 1 0 T o C h a ° o , _ r „ IL r r \ z v H Z ` O A O � d m � �• � U 3 �^ � �� •f rI Y � - Y Q r, 133J1S ki r38 H1nOS CIS Va P (` N \ Y J i O