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Home My WebLink About063-94TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: December 15 , 1994 To: Parties in Interest and_Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 063 -94 Owner /Applicant: TOWN OF NANTUCKET AND THE DEPARTMENT OF PUBLIC WORKS (SIASCONSET COMFORT STATION) 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 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Assessor's Map 73.1.3 Parcel 77 ROH 1 Folger's Court Plan Book 10, Page 7 Deed Ref. 106/304 At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1:00 P.M., Friday, November 4, 1994, in the Selectmen's Meeting Room, in the Town and County Building, Broad Street, Nantucket, MA, on the Application of the TOWN OF NANTUCKET AND THE DEPARTMENT OF PUBLIC WORKS, of P.O. Box 239, Nantucket, MA 02554, Board of Appeals File No. 063 -94, the Board made the following Decision: 1. Applicant seeks relief by SPECIAL PERMIT under Nantucket Zoning By -Law §139 -33A to allow the demolition of a said to be pre- existing nonconforming "comfort station ", (public restroom facilities) and to allow construction of a new "comfort station" and ancillary storage facilities on substantially the same footprint. The existing structure is said to be nonconforming as to the maximum ground cover ratio of 50 %, having 426+ square feet of ground cover and a ground cover ratio of 74.8% on this 570+ square foot lot in a zone that requires a minimum lot area of 5,000 square feet. The lot is also said to be nonconforming as to setback requirements having a westerly side yard setback of .06+ feet at its closest point ( Folger's Court), an easterly side yard setback of .35± feet at its closest point (Shell Street), and a rear yard setback of 1.09+ feet at its closest point in a district that requires a five (5) foot side and rear yard setback. The new building is to be constructed with the same side and rear yard setbacks that currently exist but will be reduced in overall ground cover by pulling the structure back from the front yard setback and adding a covered porch that will extend to a zero front yard setback point which is permitted in the ROH district in which the lot is located. The premises is located at 1 FOLGER'S COURT, Assessor's Map 73.1.3, Parcel 77, as shown in Registry Plan Book 10, Page 7. 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. The Planning Board made no recommendation. 3. Applicant proposes to demolish a dilapidated building and construct a new building to be used for the same purpose as the current structure, that of restroom facilities. The new restrooms will be fully handicap accessible and the structure will contain public phones, drinking fountains and an ancillary storage room. The new structure will be sited substantially on the existing •,063 -94) footprint and will eliminate the need for steps that extend into the street as now exist. 4. The Board finds that the proposed demolition and reconstruction of the "comfort station" would not be substantially more detrimental to the neighborhood than the existing nonconforming structure and use and therefore, by a unanimous vote, GRANTS the requested SPECIAL PERMIT to allow said demolition and reconstruction, under Zoning By -Law §139 -33A, subject to the following conditions: a. The building shall be constructed substantially on the same foot�)rint as the existing structure, wholly within the lot lines; and b. The building shall conformance with Historic District Appropriateness No. 26,415. � -Da-& �o AT wa;no be constructed in substantial Commission Certificate of i Dated: December]5 , 1994 Nancy Sevrens TOWN CLERK'S OFFICE NANTUCKET, MA 02554 DEC 151994 IivlC �= Op CLERK.- 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, October 14, 1994, the Selectmen's Meeting Room, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: TOWN OF NANTUCKET Board of Appeals File No. 063 -94 Applicant seeks relief by SPECIAL PERMIT under Nantucket Zoning By -Law §139 -33A to allow the demolition of a said to be pre- existing, nonconforming "comfort station ", (public restroom facilities) and to allow construction of a new "comfort station" and ancillary storage facilities on substantially the same footprint. The existing structure is said to be in nonconforming as to the maximum ground cover ratio of 50 %, having 426± square feet of ground cover and a ground cover ratio of 74.8% on this 570± square foot lot in a zone that requires a minimum lot area of 5,000 square feet. The lot is also said to be nonconforming as to setback requirements having a westerly side yard setback of .06± feet at its closest point (Folger's Court), an easterly side yard setback of .35± feet at its closest point (Shell Street), and a rear yard setback of 1.09± feet at its closest point in a district that requires a five (5) foot side and rear yard setback. The new building is to be constructed with the same side and rear yard setbacks that currently exist but will be reduced in overall ground cover by pulling the structure back from the front yard setback and adding a covered porch that will extend to a zero front yard setback which is permitted in the Residential Old Historic District in which the lot is located. The premises are located at 1 FOLGER'S COURT, Assessor's Map 73.1.3, parcel 77, as shown in Registry Plan Book 10, page 7. The property is zoned Residential Old Historic. J Dale W. Waine, Chairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE CALL (508) 228 -7215. Case Nos. all BOA applications, lawsuits: State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared per Section and what grounds You urge for BOA to make each finding p 139 -32A if Variance, 139-30A if a (and if to alter or extend a nor�con�ormiealed.)OK to attach addendumz. & B , attach decision or order app C } addendum2 Items enclosed as part of this Application: orderl structures Locus map_ Site plan_ showing present p HDC approved ? —) Floor plans present proposed_ elevations ( arkin data Listings lot area �rontagu setbacks_ GCR� p g Assessor - certified addressee List 4 sets roof t oapbecovenants 1200 fee payable to Town of Nantucket p (If an appeal, ask Town Clerk to sen3 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 p7rjury. 1 SIGNATURE: Applicant Attorney /agent �d 3(If not owner or owner's attorney, enclose proof of authority) FOR BOA OFFICE USE fir/ Application copies reed: 4__ or_ for BOA on by ((( c mp one copy filed with Town Clerk on Y b One copy each t lanning �B ing Dept Y _'��— by waived? $200 fee check g .e owls Treasurer con. 20 r Hearing notice posted��/ 9 mailed I & M / Hearing(s) on__/__/_,, cont'd to__/--/—r wLithdrawn ?_/.J _ made filed TC�_/,_ mailed�__/- Decision due by�,�— ��— lawsuits other See related cases RECEIVED TOWN CLERK'S OFFICE NANTUCKET. MA 02554 SEP 2 91994 i i M E: — CLERK: r.;`BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING D NANTUCKET, MA 02554 CASE NO "l 1PPLICATION FOR RELIEF V. r Owner's name (s) x ,Mailing address: 1M1.•. �- Applicant's name: Mailing address: Location of lot: Assessor's map and parcel number--7 Street address: -- Plan File Registry Land Ct Plan Plan B Pg Lot - Ro Date lot acquired: ��_ Deed Ref/ Zoning district MCD ? Uses on lot - commercial:' None _ or _, - number of: dwellings_ duplex_ apartments_ rental rooms_ V" C of 0 ?_ Building date(s): all pre -8/72? or 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 per Section and what grounds You urge for BOA to make each finding p 139 -32A if Variance, 139-30A if a (and if to alter or extend a nor�con�ormiealed.)OK to attach addendumz. & B , attach decision or order app C } addendum2 Items enclosed as part of this Application: orderl structures Locus map_ Site plan_ showing present p HDC approved ? —) Floor plans present proposed_ elevations ( arkin data Listings lot area �rontagu setbacks_ GCR� p g Assessor - certified addressee List 4 sets roof t oapbecovenants 1200 fee payable to Town of Nantucket p (If an appeal, ask Town Clerk to sen3 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 p7rjury. 1 SIGNATURE: Applicant Attorney /agent �d 3(If not owner or owner's attorney, enclose proof of authority) FOR BOA OFFICE USE fir/ Application copies reed: 4__ or_ for BOA on by ((( c mp one copy filed with Town Clerk on Y b One copy each t lanning �B ing Dept Y _'��— by waived? $200 fee check g .e owls Treasurer con. 20 r Hearing notice posted��/ 9 mailed I & M / Hearing(s) on__/__/_,, cont'd to__/--/—r wLithdrawn ?_/.J _ made filed TC�_/,_ mailed�__/- Decision due by�,�— ��— lawsuits other See related cases RECEIVED TOWN CLERK'S OFFICE NANTUCKET. MA 02554 SEP 2 91994 i i M E: — CLERK: ADDENDUM A TOWN OF NANTUCKET Board of Appeals File No. 063 -94 Applicant seeks relief by SPECIAL PERMIT under Nantucket Zoning By -Law §139 -33A to allow the demolition of a said to be pore- existing,nonconforming "comfort station ", (public restroom facilities) and to allow construction of a new "comfort station" and ancillary storage facilities on substantially the same footprint. The existing structure is said to be in nonconforming as to the maximum ground cover ratio of 50 %, having 426± square feet of ground cover and a ground cover ratio of 74.8% on this 570± square foot lot in a zone that requires a minimum lot area of 5,000 square feet. The lot is also said to be nonconforming as to setback requirements having a westerly side yard setback of .06± feet at its closest point (Folger's Court), an easterly side yard setback of .35± feet at its closest point (Shell Street), and a rear yard setback of 1.09± feet at its closest point in a district that requires a five (5) foot side and rear yard setback. The new building is to be constructed with the same side and rear yard setbacks that currently exist but will be reduced in overall ground cover by pulling the structure back from the front yard setback and adding a covered porch that will extend to a zero front yard setback which is permitted in the Residential Old Historic District in which the lot is located. . BOA Form NANTUCKET ZONING BOARD OF APPEALS . - TOWN-AND COUNTY BUILDING NANTUCKET, MA 02554 ASSESSOR'S LIST OF PARTIES IN INTEREST PROPERTY'...OWNER: l `)r-\ r - APPLICANT FOR RELIEF (SAME' ADDRESS-.OF PROPERTY: 1-�I[� p ASSESSOR'S MAP - PARCEL: - LIST*OF PARTIES INCLUDING ADDRESSES *(OR SEE ATTACHED): f� � c � FE ( SEP 7 1994 '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)]. Date *NOTE: Applicant for which zoning abutting lots wh matter. List map is s sorF, Town o antucket Q c t` (petitioner) should include with the lot relief is sought, any commonly -owned ich might become involved in the zoning and parcels for each abutter. '69/12/94 TOWN OF NANTUCKET 09:54:49 OWNER'S MAILING ADDRESS LIST Map Block Lot Owner's /Co- Owner's Name Mailing Address /City State Zip Property Location 7313 ✓0078 JELLEME FREDERIC J PO BOX 422 0003 FOLGERS CT SIASCONSET MA 02564 7313 0079 SILBER JEFFREY H & NORMAN 1 0408 WYNMERE RD 0005 FOLGERS CT WYNNEWOOD PA 19096 7313 LA080 WULLSCHLEGER ARTHUR J JR & CAR PO BOX 988 0012 SHELL ST C/O NANTUCKET BANK NANTUCKET MA 02554 7313 V 0076k JELLEME FREDERIC J PO BOX 422 0008 CENTER ST,SIAS SIASCONSET MA 02564 7313 010 *PETTY DIANE I DE LOES 1297 FOUNEX 0010 CENTER ST,SIAS 23 ROUTE SUISSE SWITZERLAND 7313 0103 *WULLSCHLEGER ARTHUR J JR & CAR 0012 CENTER ST,SIAS 7313 V,,604 CRAPSEY JEANETTE B 0051 GREENVIEW RD 0014 CENTER ST,SIAS ROCHESTER NY 14620 7313 05 WOODHEAD WARD 0341 ROSEWOOD AVE 0018 CENTER ST,SIAS WINNETKA IL 60093 7313 X0036 SILBER JEFFREY H & NORMAN I 0408 WYNMERE RD 0002 FOLGERS CT WYNNEWOOD PA 19096 ST,SIAS 7313 0035 LOCKE JOHN H JR & BARBARA K 0531 GROVE ST 0001 NEW GLENCOE IL 60022 7313 `- 0037 CLAWSON ROBERT J & DUVAL BETSY 0146 HAYWARD RD 0003 NEW ST,SIAS ACTON MA 01720 PO BOX 601 009R NEW ST,SIAS 7313 -38 SCONSET INN INC SIASCONSET MA 02564 7313 �/ 0039 SCONSET INN INC PO BOX 601 009R NEW ST,SIAS DBA THE CHANTICLEER SIASCONSET MA 02564 7313 L.8p82 WAgD MARY EMMA H 0049 GILLIAN LN 0006 FOLGERS CT RIVERSIDE CT 06878 7313 �•9U83 *SIMONIAN EDWARD 0084 WILLIAM ST 0016 SHELL ST WORCESTER MA 02609 7313 084 REIMDEL JOHN A & HELEN B 2338 HEARTH DR 0020 SHELL ST EVERGREEN CO 80439 � EINDEL JOHN A & HELEN B 2338 HEARTH DR 0018 SHELL ST 7313 EVERGREEN CO 80439 7313 `0081 DOWDLE JAMES 0038 ORANGE ST 0014 SHELL ST NANTUCKET MA 02554 7313 7 LILJEGREN BRUCE W 0071 GILBERT RD 0022 BROADWAY HO HO KUS NJ 07423 7313 0116 ANN'FRASER HUBBS REV TRUST 1301 S TYROL TRAIL 0020 BROADWAY GOLDEN VALLEY MN 55416 7313 L-61/15 *STRbNG HELEN M & CARTER 0005 CHALFONT CT 0018 BROADWAY BETHESDA MD 20816 7313 0 4 *KROGH PETER F 3417 N STREET NW 0016 BROADWAY WASHINGTON DC 20007 7313 1110/101 TARLOV FELLA BX 45 ANSONIA STAT 0014 BROADWAY C/O TARLOV SUSAN NEW YORK NY 10023 7313 V0110 PORTER JOAN B ETAL TRS 1255 SMITH RIDGE RD 0021 BROADWAY NEW CANAAN CT 06840 7313 L11 GALLAGHER HENRY M & HELEN I TR PO BOX 764 0019 BROADWAY GALLAGHER FAMILY TRUST AMHERST MA 01004 7313 `-�l 2 CHURCHILL DANIEL ETAL 0276 GROVE ST 0017 BROADWAY C/O DEIRDRE M FARLEY MONTCLAIR NJ 07042 PAGE 1 MUAS750 8.1 09/12/94 T TOWN OF NANTUCKET OWNER'S MAILING ADDRESS LIST 09:54.49 O Map Block L Lot O Owner's /Co- Owner's Name M Mailing Address /City State Zip P Property Location 7313 % %__ 0 13 P PINE DONALD W 3 3714 MATHESON AVE 0 0015 BROADWAY MIAMI FL 33133-6736 7313 L L_>11�0 S SOEDER LISA P & KENNETH F P PO BOX 330648 0 0013 BROADWAY C/O SHAWMUT MORTGAGE CO W WEST HARTFORD CT 06133-0648 7313 0 071 B BRIGGS CHARLES CHRISTIAN 111 0 0027 UNION ST 0 0011 BROADWAY NANTUCKET MA 02554 7313 L L45672 *SCHREIBER S VANZANDT JR & DORI 0 0009 BROADWAY 7313 0 029 L LUKENS WALTER P & SYLVIA 0 0323 N PITT ST 0 0007 BROADWAY ALEXANDERIA VA 22314 7313 U UO 28 H HEINEMANN ANN & LANDZERT 0 0012A LINDEN ST 0 0007 FRONT ST ISABEL & VANDEUSEN MARGARET TR BROOKLINE MA 02146 S VANZANDT JR & DORI 0 0009 FRONT ST 7313 0 0070 S SCHREIBER S 7313 L LaC69- N NICKERSON CAROL 0 0012 ACADEMY LN 0 0008 BANK ST NANTUCKET MA 02554 7313 0 �� READE ARTHUR 1 JR TR P PO BOX 2669 0 0011 FRONT ST FRONT BANK TRUST N NANTUCKET MA 02584 7313 L L 0098 E ELLIS DOUGLASS N JR & CAROLINE P PO BOX 368 0 0013 FRONT ST SIASCONSET MA 02564 7313 " � S TODD DOROTHY JANE 0 0751 WADSWORTH RD 0 0015 FRONT ST MEDINA OH 44256 7313 1 15O�e T TODD VINCENT E JR & SHEILA M 0 0049 HAVILEND ST 0 0004 BROADWAY WOLLASTON MA 02170 7313 0 �� W JOHNSON MAX 0 & MARGUERITE M 0 0042 CHESTNUT ST 0006 BROADWAY I W WOBURN MA 01801 7313 0 0074 * *LEHAN DEBORAH J P PO BOX 96 0 0008 BROADWAY SIASCONSET MA 02564 7313 4 4075 D DARLING BOYD DICKINSON & C C/0 7 AVOCET LN 0 0010 BROADWAY MICHAEL BRADLEY TRS K KIAWAH ISLAND SC 29455 7313 0 0031 W WILEY WILLIAM L JR & COSBY F FAIRVILLE RD 0 0006 CENTER ST,SIAS PAGE 2 MUAS750 8.1 'b9/12/94 TOWN OF NANTUCKET 09:54:49 OWNER'S MAILING ADDRESS LIST Map Block Lot Owner's /Co- Owner's Name Mailing Address /City State Zip Property Location 7324 LI 0002 *PORTER BRUCE & ROBERT F & 0025 MARLBORO RD 0002 CENTER ST,SIAS JANA P SOUTHBOROUGH MA 01772 7324 003 RYAN DONALD N & ANN E 0015 PURITAN CIR 0002 BROADWAY SPRINGFIELD MA 01119 7324 LA004 RODTS FORREST A TR 6 MUGFORD ST 0005 BROADWAY OLD GARDNER HOUSE TRUST MARBLEHEAD MA 01945 7324 0038 REGAN AMY H & GOLDSMITH CATHER 54 TURTLEBACK ROAD 0003 BROADWAY C/0 CATHERINE GOLDSMITH CALIFON NJ 07830 / 7324 0005 y RODTS FORREST A TR 6 MUGFORD STREET 0005 FRONT ST OLD GARDNER HOUSE TRUST MARBLEHEAD MA 01945 NUMBER OF RECORDS = 57 PAGE 3 MUAS750 8.1