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Home My WebLink About005-96 005 - % o` uck� TOWN OF NANTUCKET ' � za = BOARD OF APPEALS • %PoRATEg. NANTUCKET, MASSACHUSETTS 02554 Date: April / 7— , 1996 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. : 005-96 Owner/Applicant: MARIE T. JAXTIMER 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 . Michael • 'Mara , Chairman cc : Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY-LAW §139-30I ( SPECIAL PERMITS) ; § 139-32I (VARIANCES ) ANY QUESTIONS , PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS . APR 11 '96 09:54 P.1 , i 1 I NANTUCKET ZONING BOARD OF APPEALS NANTU , MASSACHUSETTS Map 29 22 Willard Street ' Parcel 79 Lot 2, Plan Book 2, Page 23 R-1 Deed: Book 389, Page 298 ; At a Public Hearing of the ZONING BOARD OF APPEALS held at : 1 o'clock p.m., Friday, Jan ry 5, 1996 and continued to 1 o'clock p.m. Friday, March 8, 1996 in the Selectmen's Meeting Room, in the Town and County Building, Broad Street, Nantucket, . Massachusetts, on the Application of MARIE T. JAXTIMER of 75 Sturbridge Drive, Ostervil e, Massachusetts 02655, Board of Appeals File No. 005-96, t e Board made the following decision: .' 1. Applicant is see s a MODIFICATION of Board of Appeals : Decision 065-86, as modified by Decision 018-90. Applicant proposes to construct a se and story addition on a pre-existing single-family dwelling wit2 out any increase in the ground cover. The Locus is non-conforming as to lot area, having an area of 2,182± square feet in a district that requires a minimum lot size of 5,000 square feet; as t9 ground cover ratio, having a ground cover of 662.5± square fee which or a ground cover ratio of 30.36±% in a district that requires a maximum ground cover ratio of 30% for undersized lots, and as to front yard setback, being . sited less than the requir d ten (10) feet from the front yard lot line. 2. This Decision is sed upon the Application and materials submitted with i , prior BOARD decisions affecting the Property, and the testimon and evidence submitted at the hearing. There was no Pia 'ng Board recommendation. There were . two (2) letters in favor three (3) letter opposed on file. An abutter opposing the relief was represented by counsel at the hearing. 3. By way of backgro d, this Board granted the Applicant's predecessor in title in VARIANCE (No. 65-86) to cure ; a technical defect in the mOrketability of the title to the Property (i.e. , merger) which arose from the division of one (1) parcel into three (3) undersized lots after the enactment of the Nantucket Zoning By Law in 972. Each of the three (3) lots included a pre-existing cottage. The subject Property is one such Lot (Lot 2) . In its 1986 VAlitIANCE decision, this Board imposed a condition on the Property wIiich provided, in pertinent part, that: a. . . any expansion or extension . . . of the existing structures by an increase ie height or ground cover require (sic): relief from the Board of Appeals." On April 10, 1990, this Board• modified VARIANCE No. 65-86 with respect to the Property by permitting a first floor ad ition. The Applicant seeks a further Modification of VARIANCE No 65-86 to construct a second story addition with two (2) bedro ms and a bathroom without any increase in ground cover. i I APR 11 '96 09:55 P.2 ! , 4. In its 1986 VARINCE Decision No. 65-86, this BOARD made the necessary statuto findings supporting a grant of Variance relief. Specifically, the BOARD found that the shape of the lot and the siting of the• building on the Lot were unique and variance relief could be granted without substantial detriment to the public good. Further, €he BOARD found that separate ownership of .the Property would resu t in ". . . the more conforming single , dwelling unit per lot." At the initial hearing, the BOARD and one abutter raised concerns about the proposed maximum roof ridge height for the addition an the Applicant has modified and lowered the roof. The Appl cant suggested revisions to the plan , to accomodate the concerns of direct ,abutters. The proposed addition will not signific ntly increase the intensity of use of the Property and will prow de necessary living space for the Applicants growing family. We find the Applicant has responded to the concerns raised by thelBOARD and abutters and that a Modification of the Variance, upon certain conditions, is warranted in this case. 5. Accordingly, by 4 unanimous vote, the BOARD grants the Applicant the requested MODIFICATION TO VARIANCE NO. 65-86, subject to the following cgnditions: ' (1) The second story addition shall be constructed substantially in accordance with the Plans prepared by the Nantucket Architecture Group for Mr. and Mrs. Jaxtimer dated November 9, 1995, revised February 22, 1996, and on file at the Nantucket Board of Appeals.] (2) The maximum roof edge height of the new story and one- half addition shall not ex ed twenty-two feet, six inches (22'6") ; (3) There shall be nol new construction over the first floor addition on the westerly sifle of the Property which this BOARD approved on April 10, 1990,1 File No. 18-90; 1 (4) No construction shall take place between May 15 and September 30 of the calendar year for this project; ) (5) The existing tree on the Property shall be maintained and replaced if they die. (6) The Applicant sha.1 obtain a Certificate of Occupancy for the previous addition before commencing work hereunder. , 1 APR 11 '96 0956 P.3, Cd/e C)i5- q 17x1 ✓ �. Dated: Nantucket, MA 0 � April 1Z, 1996 N1•0* ••4 'MARA, CHAIRMAN 6ft- . D WAINE •EI ' WILLIAM HOURIHAN ANN BALAS F � , NANCY SE 71S RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 APR 112 1996 TIME: i sill CLERK: ot014TUCM4r TOWN OF NANTUCKET � y ° ' _; N BOARD OF APPEALS Zc -x PORATI NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1 : 00 P .M. , FRIDAY , JANUARY 5 , 1996 , in the Selectmen ' s Meeting Room, Town and County Building , Broad Street , Nantucket, Massachusetts , on the Application of the following : MARIE T. JAXTIMER BOARD OF APPEALS FILE NO . 005-96 Applicant is seeking a MODIFICATION of Board of Appeals Decision 065-86, as modified by Decision 018-90 . Applicant proposes to construct a second story addition on a pre-existing single-family dwelling without any increase in the ground cover . The Locus is non-conforming as to lot area , having an area of 2 , 182+ square feet in a district that requires a minimum lot size of 5 , 000 square feet; as to ground cover ratio , having a ground cover of 662 . 5+ square feet which or a ground cover ratio of 30 . 36+% in a district that requires a maximum ground cover ratio of 30% for undersized lots; and as to front yard setback, being sited less than the required ten ( 10 ) feet from the front yard lot line . The premises is located at 22 WILLARD STREET, Assessor ' s Map 29 , Parcel 79 , as shown in Plan Book 2 , Page 23 as Lot 2 . The property is zoned Residential-l . CG40% . _ I Michael J . O ' Ma , 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 OP AP* 41,,:,: TOWN AND COUNTY BUILDINe NANTUCKET, MA 4 ,- APPLICATION FOR RELIEF Owner's name(s) : MARIE T. JAXTIMER Mailing address: 75 Sturbridge Drive; Osterville, MA 02655 Applicant's name: MARIE T. JA%TIMER Mailing address: 75 Sturbridge Drive; Osterville, MA 02655 • Location of lot: Assessor's map and parcel number 29 - 79 Street address: 22 Willard Street, Nantucket. MA 02554 Registry tanctolDbarittelm, Plan Bk & Pg erWa=eddAK 2/23 Lot 2 Date lot acquired: Q5./,21/..92 Deed Ref 389, 298 Zoning district R-1 Uses on lot - commercial: None g or MCD?__ - number of: dwellings 1 duplex apartments rental rooms_ Building date(s) : all pre-8/72? _ or C of 0?__ Building Permit appl',n. Nos. Case Nos. all BoA applications, lawsuits: 65-86; 18-90 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 139-32A x if Variance, 139-30A if a Special Permit .(;a.ml. 139-33A if to alter or•extend 'a nonconforming use) If appeal per 139-31A &B _ , attach decision or order appealed. OK to attach addendum 4. The Applicant seeks a Modification to Variance No. 65-86, as modifiid by Z Decision No. 18-90, to permit the construction of a second story add-itiolln l to a pre-existing dwelling. See Addendum "A1' ° H CD •'. r : , Items enclosed as part of this Application: orderl addendum,. !X co Locus map X Site plan x showing present % +planned % "structures Floor plans present x proposed 9 elevations x (HDCCaappprovedtiA_) . Listings lot area jc rontage setbacks_A__ GCR$ parking' data 1 Assessor-certified addressee ist 4 sets x mailing label 2 sets g $200 fee payabla_.to.2o_wn of Nantucket. proof -'cap' Covenan (If an appeal, ask Town Clerk to ,send Bldg Com s record to BoAr I certify that the requested information submitted is substantially complete and true, • the t of my knowledgse, under the Rains and penalties of pert- IIMER SIGNATURE: A:6rM' - - ' ant _ Attorney/as_ Rev F. Da '- Esquire 3(If not owner or owner's attorney, enclose proof of authority) FOR Bp,A OFFICE USE . Application copies rec'd: 4_ or for BoA on •f�-- by One copy filed with Town Clerk ony10' j by .,41 ' completee?� One copy each to planning Bd and Buildin D ,b�'tC'�/2!1-6 $200 fee check given Town Treasurer on byr,011)waived? �� maile !/ I & pq�fi LLGL' 'I Hearing notice posted 47/a 1. g k.-/ Hearing(s) on_/_•/_ cont'd to_/__/_, _/_J_ withdrawn?_/__/_ Decision due by_ /_ / made_f__/•_ filed. TC__/_/_ mailedJ_/_ See related cases lawsuits other ADDENDUM "A" Applicant, MARIE T. JAXTIMER, is the owner of a cottage situated at 22 Willard Street, Nantucket, Massachusetts 02554 ("Property") . The Property has an area of approximately 2,182± square feet and has approximately 52.64 feet of frontage along a public way, Willard Street. The pre-existing cottage on the Property has a ground cover of approximately 662.5± square feet (30.36%) . The Property is located in the Residential-1 Zoning District. The intensity regulations for the R-1 Zoning District require a minimum lot size of 5,000 square feet, a minimum front yard set back of ten (10) feet, and maximum ground cover of 30%. The Property is non-conforming as to area, front yard set back and maximum ground cover requirements. By way of background, Applicant's predecessor in title was granted a Variance by this Board (No. 65-86) which cured a technical defect in the title (i.e. , merger) which arose from the division of one (1) parcel into three (3) undersized lots. Each of the three (3) lots included a pre-existing dwelling unit. The subject Property is one such lot (Lot 2) . In its 1986 variance decision, the Board imposed a condition which provided that: " . . .any expansion or extension. . .of the existing structures by an increase in height or ground cover require relief from the Board of Appeals. " On or about April 10, 1990, this Board modified Variance No. 65-86 to permit a 152.5± square foot addition to the first floor of the dwelling to provide for a bedroom, deck and chimney. The Applicant intends to convert the first floor bedroom to a dinning area and to construct a second story addition with two (2) bedrooms and a bathroom, without any increase in ground cover. In its 1986 Variance Decision No. 65-86, this Board made the requisite statutory findings for a grant of variance relief. Specifically, the Board found that the shape of the lot and the siting of the buildings on the lot were unique and that variance relief could be granted without substantial detriment to the public good. Further, the Board found that separate ownership of the lot would result in ". . .the more conforming single dwelling unit per lot. " In summary, the statutory criteria to warrant a grant of variance relief have already been established for this application. The Historic District Commission has approved the proposed second story addition and, thereby, implicitly found that the addition is aesthetically acceptable. The proposed addition will not materially increase the intensity of use. The cottage is used on a seasonal basis and there will be a maximum of two (2) bedrooms. The Applicant asks this Board to modify Variance No. 65-86 in accordance with this application. DEC95/kfdjaxadd BoA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS Date TOWN AND COUNTY BUILDING NANTUCKET, HA 02554 CASE No. APPLICATION FOR RELIEF Owner's name(s) : MARIE T. JA%TIMER Mailing address: 75 Sturbridge Drive; Osterville, MA 02655 Applicant's name: MARIE T. JA%TIMER Mailing address: 75 Sturbridge Drive; Osterville, MA 02655 Location of lot: Assessor's map and parcel number 29 79 Street address: 22 Willard Street, Nantucket. MA 02554 Registry , Plan Bk & Pg 2/23 Lot 2 Date lot acquired: J2i/m Deed Ref 389, 298 Zoning district R-1 Uses on lot - commercial: None g, or MCD?___ - number of: dwellings 1 duplex_ apartments_ rental rooms__ Building date(s) : all pre-8/72? _ or C of 0?__ • Building Permit appl'n. Nos. Case Nos. all BoA applications, lawsuits: 65-86; 18-90 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 139-32A x if Variance, 139-30A if a Special Permit _(;ard 139-33A if to alter or •extend 'a nonconforming use) . If appeal per 139-3ZA &B _ , attach decision or orderl. appealed. OK to attach addendum 4. The Applicant seeks a Modification to Variance No. 65-86, as modified by Decision No. 18-90, to permit the construction of a second story addition to a pre-existing dwelling. See Addendum "A" Items enclosed as part of this Application: orderl addendum2 x Locus map x Site plan % showing present % +pla a % 'gtructures Floor plans present x proposed g elevations x (HDC.a approved?i_) . Listings lot area,_g:7Yrontage setbacks,_g_ GCR„ _ parking data l Assessor-certified addressee list 4 sets g waling label$ 2 $200 fee payable._to_Tawn of Nantucket. proof 'cap' Covenant (If an appeal, ask Town Clerk to sena-1ldg Com s record to BoAT I certify that the requested information submitted is substantially complete and true. • the tvof my knowledge, under the, psins and penalties of perj' • I. •I ' INER SIGNATURE: Ad116r1M1r ,, ant Attorney/ate _ Kea/ n F. Da Esquire 3(If not owner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE Application copies rec'd: 4_ or BoA on_,,J,J_ by One copy filed with Town Clerk on_/_J__ by complete?_ One copy each ,to Planning Bd and Building„DeptTJ,_/_,,,�b�'�_. $200 fee check given Town Treasurer on_J__/ by waived?__ Hearing notice posted_/_J mailed_/_J_ I & M_j_/__, _J__/__ Hearing(s) on_ /_ /_ cont'd to_J__/_, __/__/ Decision due by_ /_/ made_/_/ filed.TC_,/__/ mailed_J_J_ See related cases lawsuits other ADDENDUM "A" Applicant, MARIE T. JAXTIMER, is the owner of a cottage situated at 22 Willard Street, Nantucket, Massachusetts 02554 ("Property") . The Property has an area of approximately 2, 182± square feet and has approximately 52.64 feet of frontage along a public way, Willard Street. The pre-existing cottage on the Property has a ground cover of approximately 662.5± square feet (30.36%) . The Property is located in the Residential-1 Zoning District. The intensity regulations for the R-1 Zoning District require a minimum lot size of 5,000 square feet, a minimum front yard set back of ten (10) feet, and maximum ground cover of 30%. The Property is non-conforming as to area, front yard set back and maximum ground cover requirements. By way of background, Applicant's predecessor in title was granted a Variance by this Board (No. 65-86) which cured a technical defect in the title (i.e. , merger) which arose from the division of one (1) parcel into three (3) undersized lots. Each of the three (3) lots included a pre-existing dwelling unit. The subject Property is one such lot (Lot 2) . In its 1986 variance decision, the Board imposed a condition which provided that: " . . .any expansion or extension. . .of the existing structures by an increase in height or ground cover require relief from the Board of Appeals. " On or about April 10, 1990, this Board modified Variance No. 65-86 to permit a 152.5± square foot addition to the first floor of the dwelling to provide for a bedroom, deck and chimney. The Applicant intends to convert the first floor bedroom to a dinning area and to construct a second story addition with two (2) bedrooms and a bathroom, without any increase in ground cover. In its 1986 Variance Decision No. 65-86, this Board made the requisite statutory findings for a grant of variance relief. Specifically, the Board found that the shape of the lot and the siting of the buildings on the lot were unique and that variance relief could be granted without substantial detriment to the public good. Further, the Board found that separate ownership of the lot would result in ". . .the more conforming single dwelling unit per lot. " In summary, the statutory criteria to warrant a grant of variance relief have already been established for this application. The Historic District Commission has approved the proposed second story addition and, thereby, implicitly found that the addition is aesthetically acceptable. The proposed addition will not materially increase the intensity of use. The cottage is used on a seasonal basis and there will be a maximum of two (2) bedrooms. The Applicant asks this Board to modify Variance No. 65-86 in accordance with this application. DEC95/kfdjaxadd v)L • Cry , 1 6 1.6A i 1 $/il 10 a Irj Iiil I f t. 4 # A! I - 57 bleiril At" a6 "Ow QV i� ,sr# 60 �r � # ..„. . 4 '''. . 146 10 . ry 1 1 4Z � 1' • -IOb to�'- 10• if uo 40: .° '' Air I" I Erri :. :' , 7- ,„„\, ' {tom Ia. 33 4) GAL N AVE. 1 • 130 t6 1 ► .1 A tt: r ttm- denotes Nantucket CaissrvatiOf Fauadqitiaa, lac. • denotes not constructed • 8 , . S SE 1 1-1.CK . ..,S .. Phologrommolry •y to &I(W1U1E $ M AP;PA • itocio ff&)LX - • •■••■■•;-...7 ,-;.'•,.- .-4 :-14■4 ', . - ' -, "• - VS:,pt ' ••• E''.--.'' '47+-.. "*.• •! 254 .FAGt270 . -*.r7ricarawnriocIONIMONWEAl.:TH OF MASSACHUSETTS - . -.•-;.. .i •:;:-i, : li-.; . • ! • - _ ,_ - • - . .• 2 ;- . . _ . • .,-- . . . . .• i • ' . - • - •• - • - • ' - - • • Nan tucke t tt...t 1 ,.....) • • . *.V: .• i....:1*V-1.:" •• . . ; . : t 444 44 I•,A 44 . ..; `' • ;..'■ v. 1 7.94:1,....7-,•5 .. BOARD OF APPEALS . ' :-:,•:.,-, ;..• --r-r-- -`0. .: • Date: . : , . July 21 .1986 `,.:: '•':•:'-.1-': , II • 1 .i : : .. .:■',” •Certificate of Granting of Varianceer-Special-Nrinli . •.,•••••,;,:.,L... •'-'s,'. (General Caws Chapter 40A,Section II) ..-, • • -..-., The Board of appeals of the City or Town of Nantucket 1,1_ l'.ti • hereby certifies that a VariancevrSptietat-Permii-ku been granted i ;':1;'i.41,'• i To 110,111I.D K. BAMBER (065-86) -.1.1 .; •-.).;:: A' • Address Box 26 . • ... . . f.'; .. City or Town . Nantucket — .111 - .1. affecting the rights of the owner with respect to land or buildings at 20-22 Willard St.. ' * • Ti 57,1 . . Lots 2.and 3, Plan Book 19, Page 23, Assessor's Parcels 29-078, 29-079, i:-i . • i.' • . - ,k,::, g And the said Board of Appeals further certifies that the decision attached hereto is a true and . , 'IC _ . correct copy of Its decision granting said variance --special-permit, and that copies of said o decision,and of all plans referred to in the decision,have been filed with the planning board and,-;•-:-.:./.:., i 7 - ,.. a the city or town clerk. 4 The Board of Appeals also calls to the attention of the owner or applicant that General Laws..-;..s;:::..i:tii ;,• 4:if r . ( Chapter 40A,Section I I (last paragraph)provides that no varlance.oupaciat.pcsasit,or any ex-:•'--;IF!i : - tension,modification or renewal thereof,shall take effect until a copy of the decision bearing the -.1.1 .t t' ,l'•• certification of the town or city clerk that twenty days have elapsed after the decision has been - - - Ai . . .4:: , I filed in the office of the city or town clerk and no appeal has been filed or that,if such appeal has if:, •■ •. .... been filed,that it has been dismissed or denied,is recorded In the registry of deeds for the county ik- '; - I • and district in which the land is located and indexed in the grantor index under the name of the I owner of record or is recorded and noted on the owner's certificate of title.The fee for such recor. ding or registering shall be paid by the owner or applicant. _ %.; • • ti- ..:*.c,:re•-,---.: -' - c...1,......- .......---. ,. •1. . :t."4.1-tic?-i`t.' ::'' 1 • ckAn...6 „ -, 1• kii i i"."... . 1 11 t.^ ..„;:"; '.. ” . . . -kaeer" 1.7*1 In 4'C'ea7 /i"._-_____ 4r.,,;:t,-,.,.--- -: .. 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