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Home My WebLink About007-96 „T.1 T Cire), -TOWN OF NANTUCKET L� O f) - 9 1 � ' 7 • BOARD OF APPEALS • c„ poRAlt>ot NANTUCKET, MASSACHUSETTS 02554 Issas Date : February 14 , 1996 To : Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following : Application No . : 007-96 Owner/Applicant : ANN F . SHUCH 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 A ( 20 ) days . cs\. �. C Dale W. Waine,Cic -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 APPEAL / ) COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT Miscellaneous Case No. 227892 (Formerly Nantucket Superior Court Case No. 96-6) RECEIVED FREEMAN CHASE, BARBARA CHASE, TOWN CLERKS OFFICE DANIELLE E. DEBENEDICTIS, NANTUCKET, MA 02554 PETER KELLNER, MARIA KELLNER, ROBERT LANDMANN, SUSAN LANDMANN, JAN 31 2000 DR. LEON MILLER, BETTY MILLER, TIME: CHARLES RICKARDS, SUSAN RICKARDS and RICK ATHERTON, CLERK: ; S3 A n^ Plaintiffs v. DALE W. WAINE, LINDA F. WILLIAMS, WILLIAM P. HOURIHAN, JR., MICHAEL ANGELASTRO,NANCY J. SEVRENS as they are or were members of the Nantucket Zoning Board of Appeals, and ANN F. SHUCH, Defendants CERTIFICATE This case was filed in Nantucket Superior Court, and was transferred to the Land Court on April 25, 1966. Plaintiffs appealed a decision by the Nantucket Zoning Board of Appeals that the alteration proposed by defendant Ann F. Shuch of a preexisting nonconforming structure will not be substantially more detrimental to the neighborhood than the existing nonconforming structure. Answers and other pleadings have been filed by the parties, and various rulings have been made by the Court, all of which appear of record. On the basis of various stipulations filed with the Court, the complaint was dismissed as to all plaintiffs except Freeman Chase and Barbara Chase, and on January 20, 1999 the Court entered an Order finding that the said Freeman Chase and Barbara Chase did not have standing, and dismissing the case as against them. Finally, on January 27, 2000 the Court entered a Judgment of Dismissal. No further pleadings have been filed. In testimony whereof I have this day set my hand and affixed the seal of said Land urt, this twenty-seventh day of January, A.D. 2000. (.3 ,,,-,441Atrie Charles W. Trombly, Jr. Recorder NANTUCKET ZONING BOARD OF APPEALS 37 Washington Street Nantucket, Massachusetts 02554 Assessor' s Map 21, Parcel 21 Land Court Plan 8853-K 45 Quidnet Road Lot 22 Residential-2 Certificate of Title No . 16045 DECISION: 1 . At a public hearing of the Nantucket Zoning Board of Ap- peals, on Friday, February 2 , 1996 , at 1 : 00 P.M. , in the Select- men' s Meeting Room, in the Town and County Building, Broad Street, Nantucket, Massachusetts, the Board made the following decision on the application of ANN F . SHUCH, c/o Reade & Alger Professional Corporation, Post Office Box 2669 , Nantucket , Massa- chusetts 02584 , File No. 007-96 : 2 . The applicant is requesting a FINDING under Massachu- setts General Laws, c . 40A, §6 , and Nantucket Zoning By-law §139- 33 .A(4) (a) , that a proposed alteration of a structure upon the Locus, said to be pre-existing of zoning requirements with which it is nonconforming, from use as a dwelling to use as an ancil- lary structure to the two dwelling units (a principal single- family dwelling and a cottage) upon the Locus, will not be sub- stantially more detrimental to the neighborhood than the existinc nonconformities . The structure is nonconforming as to setback, being sited 2 . 8± feet at its closest point from the easterly side yard lot line in a district that requires a minimum side yard setback of 10 feet . The applicant proposes to use the structure as a studio and beach changing area, eliminating the existinc dwelling unit in the cottage, with any upward expansion of , the structure to be done within the existing footprint, coming nc: closer to the side yard lot line . See also Board of Appeals File No . 001-96 that was withdrawn without prejudice . The subject property (the "Locus" ) is located at 45 QUIDNET ROAD, Assessor' s Map 21, Parcel 21, and is shown on Land Court Plan 8853-K as Lot 22 . The locus is zoned RESIDENTIAL-2 . 3 . Our decision is based upon the application and accompa- nying materials, and representations and testimony received at our public hearing. There was no Planning Board recommendation . Two neighbors spoke in opposition, and several others also sent. letters in opposition. 1 4 . The applicant represented that the subject structure, shown as "exist . w/f cottage" upon the plot plan by Nantucket Surveyors, Inc . , dated August 30 , 1995 , a reduced copy of which is attached hereto as Exhibit A, pre-exists the effective date of the Nantucket Zoning By-law in July, 1972 , and that this struc- ture was used as a dwelling in the past, but not for several years . Since acquiring the Locus in 1993 , the applicant has erected two dwellings upon the Locus, and has taken steps to en- sure that the subject structure (and the other cottage near Sesachacha Pond to the west of the subject structure, shown as "exist . w/f bldg. " on Exhibit A, which was also formerly used as a dwelling) cannot be used as a dwelling. The applicant now seeks approval to convert the subject structure into an ancillary structure to be used as a studio and beach changing area, not to be used as a dwelling. In connection therewith, there will be some upward alteration within the footprint of the structure, in- cluding the portion thereof within the side yard setback area of ten feet from the easterly boundary of the Locus (which will, however, continue to be a single-story structure) , and addition of a deck not encroaching upon any setback. The applicant argued that the renovation of the subject structure, together with demo- lition of the cottage to its west, will benefit the neighborhood by improving the appearance of the structure and providing a presence which may reduce incidences of dumping of trash and other materials . The applicant further represented that relocat- ing the structure so that it will conform to dimensional require- ments of the by-law would be difficult or impossible because of wetlands considerations, and that the structure has an existing poured foundation. Approval for the proposed alterations has been secured from the Nantucket Historic District Commission and the Nantucket Conservation Commission. 5 . The proposed use of the structure for recreational pur- poses and as a studio will be a permitted use, as subordinate and customarily incident to the principal use of the use of the Locus as a residential lot with two dwellings thereon, pursuant to By- law §139-15 . The subject structure, pre-existing of the By-law, is entitled to remain in existence, and may be used only as an ancillary structure to the two dwellings (the maximum now permit- ted) recently constructed upon the Locus, for which Certificates of Occupancy have been issued by the Building Department . The project' s opponents argued at the public hearing that By-law §139-33 .0 prohibits continued use of the subject structure, on the basis that its nonuse for more than three years constitutes an abandonment; however, that provision, as it relates to a 2 structure which continues to be in existence, merely prevents re- establishment of a discontinued nonconforming use, and the appli- cant proposes to use the structure for a conforming use . 6 . The issues presented to the Board of Appeals, in this request for a finding under M.G.L . c . 40A, §6 , and By-law §139- 33 .A (4) , are whether the proposed alterations to the subject structure, as described herein, will intensify the nonconformi- ties of the structure, and, if so, whether the alterations will be substantially more detrimental to the neighborhood than the pre-existing nonconformities . 7 . By a unanimous vote, the Board determined that the pro- posed alteration will intensify the nonconformities of the sub- ject structure, in that there will be some upward extension of the structure within the side yard setback area. 8 . As to the request for a finding under M.G.L . c . 40A, §6 , and By-law §139-33 .A(4) , the Board of Appeals made the finding that the alterations will not be substantially more detrimental to the neighborhood than the pre-existing nonconformities, pro- vided that the conditions set forth in Paragraph 9 are met, by a vote of four members (Waine, Williams, Hourihan and Angelastro) in favor, and one (Sevrens) against . 9 . The Board' s finding is made subject to the following conditions : (a) The proposed alterations shall be made in substan- tial conformity with the plans approved by the Nantucket Historic District Commission in Certificate of Appropriateness No. 26 , 898 , and with the Order of Conditions issued by the Nantucket Conser- vation Commission under Department of Environmental Protection File No . SE48-935 . (b) The structure shown upon Exhibit A as "exist . w/f bldg. " , to the west of the subject structure, shall be demolished or removed from the Locus prior to the issuance of a Certificate of Occupancy for the proposed alterations . (c) All kitchen facilities shall be completely removec from the subject structure prior to the issuance of a Certificate of Occupancy for the proposed alterations . 3 (d) The subject structure shall not be used at any time for human habitation. (e) No further changes in use, nor structural changes, to the subject structure shall be made without further relief ap- proving such changes having been issued by the Board of Appeals . C/CuF- Dated: February , 1996 C r--! Dale,W. Waine '1( 06c7-?7,:(1 Linda F . Williams William P . Hourihan, Jr. Michael Angelastro Nancy J. Sevrens f:\wp\shuch\roaoo796.dec RECEIVED TOWN CLERK'S OFFICE NF`s`T�JCKET, MA 02554 FEB 141996 TIME: CLERK:I L 4 241DOID�1�'P oN �= 100.00 ROAD (30' WIDE - 1975 COUNTY TAKING) Exhibit A r {` 56.83' - I ° .I I z r1 O _1}y0 W 1 1 N Q =u.) N 12 .m t0 II II . 12Q 1- N 1:4 ca p, 1 1 A N a U M� I \ N 1 1 1 I O \ I.P. \ I I ' END. / I 1,1 1, 00 ///f // /r i / 4,,1I 1 ,� ,/:- , 'r I 1 :0 �;<; I 1 21-141 -.,1 SULLIVAN 1 N/F No :1/0,,,7 A I 1 MOLLIE R. NORCROSS & \?; Nt SULLIVAN „sl i- JAMES K. GLIDDEN, TRUSTEES •:..,;',..,,%41 :..,- I 1 I ?/• �/ ✓�J--v 1 y/�• 1 I b% I I N I I =} k 21-140 \ is rn �- N/F II \� "5 .1 �' MOLLIE R. NORCROSS & ��_ �'- iF^ -.ME3 K. GU0Du:, Tr\UD i_L.o I /„\ ! 200;00 p . ■`/ 10.40 P\ 10.4_ 11.0 1 • II , LOT 22 Q. oC,r.<,ater o �' a°' 77♦CI/04° ARcA=24'Acres 1� � 41.:k it lb ,tle ..1 A.C.Units. 4 ///��,O 2 V .: *0 41/ tti S ome :10 �—� 8 / 4 ,; 1�0 0 e■\u.9 \� O rr.4.1 // �') J uj ��// ENCx/ / I .1,;-:1 *N� /, 180.54' /+ D. _ MD. s U /+ I Ir�1 "__ ExIS' / i ze' ,, + ------1.,,... 0AH11 �� EKIST• W \IZ\ */ �_ �//— Lf B.0�_ 0 ACE , c11 , / JN— BANK \ t�E BOnpM - _ \o�S•1, x+/ ' A�j� A� •L 4�•,� 0'WE EASEMENT 21-20 _ \� G 3 LGOOG/02717 TOWN D<NANTUCKET \\\ .v�E /2�� /// PAD 6/20/94 p/ �_ (LOT .CLMGPL /085J-A) -49\� CI,' ////� EDGE Of pN0/ Y&• \ P \- � PC� C�aE 4 ;19 P+ 6:1�pf ,t\J 1/ 1 F� S +CS �6S•� ,• _ /•1.& SY FORE ONES AS SCALED / AS—BUILT PLOT PLAN FROM'FEMA•MAPS // (SEE LOT 20,LGPL�005S-I) FOR DATED /� EASEMENT,LO.00GY02710 IN / NANTUCKET, MASSACHUSETTS �/ EDGE POND,LC.PLj8833-G ' NOTES: SCALE: 1"=60' DATE:P'JG. 30, 1995 / / * UTILITY STRUCTURES WITHIN SIDEYARD SETBACK. DEED REFERENCE:CERT.#16,045 SEE CERTRICTION FOR PERTINENT EASEMENTS PLAN REFERENCE:L.C.PL.#8853-K, • STRUCTURES RESTRICTIONS. (PEND.) STRUCTURES SHOWN BELOW TOP OF BANK ASSESSOR'S REFERENCE: APPEAR TO PREDATE NANTUCKET ZONING MAP: 21 PARCEL: 21,22.2,&144 CURRENT ZONING: R-2 BY—LAWS. PREPARED FOR: MINIMUM LOT SIZE: 20,000 S.F. _ ANN F. SHUCH MINIMUM FRONTAGE: 75 FT. FRONTYARD SETBACK: 30 FT. FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN NANTUCKET SURVEYCPS INC. SIDE AND REAR SETBACK: 10 FT. RELIES ON CURRENT DEEDS AND PLANS OF RECORD, ALLOWABLE G.C.R.: 12.5% VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON. 5 WINDY WAY EXISTING G.C.R.: THIS PLAN IS NOT 4.8%± EXAM NATION OR AR ECORDABLE SURVEY. TIRE NANTUCKET, MA. 02554 N-3991 N.B.157-107