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Home My WebLink About044-96 0,11TUCrFl, TOWN OF NANTUCKET ° ' N BOARD OF APPEALS • y't� • 0 4PORATE9. NANTUCKET, MASSACHUSETTS 02554 Date: September ZO 1996 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. : 044-96 Owner/Applicant : SHIRLEY M. GARDNER (UNIT NO. 3) 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 .- -s Michael J 0' = ra . irman 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 . TOWN OF NANTUCKET ZONING BOARD OF APPEALS At a Public Hearing of the Nantucket Zoning Board of Appeals opened at 1:00 P.M. on Friday, August 9, 1996, in the Selectman's Meeting Room, Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of Shirley M. Gardner, for herself as Owner and Applicant in connection with property situated at Hummock Pond Road (Board of Appeals File No. 044-96). The Board made the following decisions: 1. In ZBA file 044-96, Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law Section 139-33A (alteration/extension of a pre-existing non- conforming use/structure). Applicant proposes to renovate the single-family dwelling, by expanding the ground cover from 560±square feet to 1300±square feet. The structure is sited upon a lot that consists of two (2) merged lots, containing 211,840± square feet of area that is nonconforming as to frontage having only 25.38 feet of frontage along Hummock Pond Road in a district that requires a minimum frontage of 75 feet in the Residential -2 district and 150 feet in the LUG-2 district. The majority of the property (including the portions containing all of the improvements) is zoned Residential -2, with a portion of the property zoned Limited Use General - 2. The Locus is also non-conforming as to number of dwelling units on one lot, containing three (3) said to be pre-existing separate dwelling units in a zoning district that requires a maximum of two (2) dwelling units on one lot. There is no expansion of the garage structure appurtenant to Unit No. 1 proposed. See BOA File Nos. 042-96 and 043-96 for similar requests for Unit No. 1 and Unit No. 2, respectively. For Applicant's title, see Unit Deed recorded in Book 509, Page 81 at the Nantucket Registry of Deeds. The premises is located at 195-197 HUMMOCK POND ROAD, Assessor's Map 65, Parcels 23 and 24, Plan File 47-0 and Land Court Plan 28915-A. The property is zoned Residential - 2 and Limited Use General -2. 2. The Board's findings are based upon the Application papers and testimony received at the meeting on Friday, August 9, 1996. There was no opposition to the request SPECIAL PERMIT relief expressed at the public hearing and the Planning Board made no recommendation. 3. The Applicant is the owner of Unit 3. Three dwelling units have existed on this property since prior to 1972. Relief is requested in this and the related applications to renovate, alter and expand the dwelling units (now known as Units 1, 2, and 3 of the Gardner Condominium) as follows: Existing Ground Cover Approx. Proposed Ground Cover Unit One- dwelling only 1230± sq. ft. 1550± sq. ft. (Galen Gardner) Unit Two 790±sq. ft. 2225 ±sq. ft. (Linda Gardner) Unit Three 560±sq. ft. 1300±sq. ft. (Shirley Gardner) The Board finds that given the size of the parcel and the modest nature of the additions proposed, the expansion of Unit 3 of the Gardner Condominium will not be substantially more detrimental to the neighborhood than the existing nonconformities. 4. Based on the foregoing findings, in connection with ZBA file No. 044-96, the Board hereby GRANTS, by a unanimous vote in favor of, the requested Special Permit under Nantucket Zoning By-Law Section 139-33A to allow the renovation and expansion of the structure known as Unit 3, substantially as shown on the plans approved by the Historic District Commission (Cert. of Appropriateness No. 20,333). The Board further, by unanimous vote, grants the requested wai - of the filing fee in connection with this application. Dated: 1996 ` j( A Nantucket, MA R - s t eichter da F. W' is -�-e . Dale Waine Bill Ho iha ' Mic =el •'Mara ECEWED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 SEP 20 1996 TIME: 1�, 5S A - CLERK: /`�' „tome/rel. TOWN OF NANTUCKET ya ; BOARD OF APPEALS • w• 2%4)4PORAILO. NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1 : 00 P.M. , FRIDAY, AUGUST 9 , 1996 , in the Selectmen' s Meeting Room, Town and County Building, Broad Street, Nantucket , Massachusetts , on the Application of the following: SHIRLEY M. GARDNER (UNIT NO. 3) BOARD OF APPEALS FILE NO. 044-96 The Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-33A (alteration/extension of a pre-exiting non-conforming use/structure) . Applicant proposes to renovate the single-family dwelling, by expanding the ground cover from 560+ square feet to 1300+ square feet . The structure is sited upon a lot that consists of two ( 2 ) merged lots , containing 211 , 840± square feet of area that is non-conforming as to frontage having only 25 . 38 feet of frontage along Hummock Pond Road in a district that requires a minimum frontage of 75 feet in the Residential-2 district and 150 feet in the LUG-2 district . The majority of the property ( including the portions containing all of the improvements) is zoned Residential-2 , with a portion of the property zoned Limited Use General-2 . The Locus is also non-conforming as to number of dwelling units on one lot , containing three (3) said to be pre-existing separate dwelling units in a zoning district that requires a maximum of two ( 2 ) dwelling units on one lot . There is no expansion of the garage structure appurtenant to Unit No . 1 proposed . See BOA File Nos . 042-96 and 043-96 for similar requests for Unit No. 1 and Unit No . 2 , respectively. The premises is located at 195 - 197 HUMMOCK POND ROAD, Assessor' s Map 65 , Parcels 23 and 24 , Plan File 47-0 and Land Court Plan 28915-A. The property is zoned Residential-2 and Limited Use General-2 . Michael J . 0' ra , 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 • TOWN AND COUNTY BUILDING- 'Date NANTUCKET, MA 02554 ,��j}�� C;/� 4A • CASK No.V'7"*1(4/ APPLICATION FOR RELIEF —"1 1!) ' Owner's name(s) :e(s) : Shirley M. •Gardner (UNIT NO. 3) Cj") • I Mailing address: 195 Hummock Pond Road, Nantucket, MA 02554 Applicant's name: Same Mailing address: • Location of lot: Assessor's map and parcel number 65 - 23 and 24 . Street address: 195 - 197 Hummock Pond Road • Registry Land Ct Plan, Plan Bk & Pg or Plan File 47-0 & LC Pla 28915-A Date lot acquired: _/_/ .Deed Ref , Zoning districtLUC-2 & R-2 • Uses on lot - commercial: None X or MCC?_ • - number of: • dwellings 3 duplex. apartments_ •rental rooir.s__ Building date(s) : all pre-8/72? yes or C of C? Building Permit appl'.n. Nos. • Case Nos. all BoA applications, lawsuits: none 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 if Variance, 139-30A ' if a Special Permit _(:Ond• l39-33A • X if to alter' or••extend a&B nonconforming Use) .* If gppeal per 'I39-3;A _, attach decision or order appealed. OK to attach addendum'. RECEIVED KO `FFICE - TOWN CLER CLERK'S FF C SEE ATTACHED ADDENDUM NANTUCKET, MA JUL 221996; • • TIME: q�/o P k2L- ! • CLERK: j --Items enclosed as part of this Application: orderl addendum2 X Locus map x Site plan x showing present +planned x "s'truct•ires Floor plans present proposed elevations x (HDC approved?x .) . . Listings lot area x frontage x setbacks x GCR X• parking datax Assessor-certifie3 addressee 'Mt 4 sets x�maj.ling label$$ 2 setsx $1200 fee payable-to_Town••of Nantucket• x proof . . .'cap' COvenan (If an appeal, ask Town Clerk to send Bldg Com s record to Bo r • I certify that the requested information submitted is substantia=ly complete and true.to the best✓of my knowledge, under the pains and penalties . .erjiury. ...""�. :., • SIGNATURE: Ali///mil Id'/ -Applicant. Attorney/ gat X 'e issa D. i .ric 3(If not owner or owner's attorney, enclose proof of authority)' • FOR BoA OFFICE USE Application copies recd: 4 L� 'or for BoA ..- n One copy filed with Town Clerk o n-7 on complete? 6i •• . One copy each.to Planning.Bd and Building,Dept " . y_, ' $200 fee check given' own Trteasurer on /� byW/waivveed? y� Hearing notice poste k�mailed_�� l.C�t & M2/c..�J/k'9 _ _ _.z t Hearing (s) on_/_/ cont'd to__/_/_, /_/_ withdrawn?__J /_ Decision due by_/_/_- made_/_/ filed.TC_/_/ mailed / See related cases lawsuits other • ADDENDUM TO ZONING BOARD OF APPEALS APPLICATION FOR GALEN GARNDER The applicant seeks a Special Permit under Section 139-33A of the Nantucket Zoning Bylaw to renovate and expand the single family dwelling shown on the Gardner Condominium plans as Unit No. 3 in accordance with the plans already approved by the Nantucket Historic Districts Commission (Certificate of Appropriateness No. 28333), copies of which are attached as Exhibit A. The premises consist of two merged lots, containing 211,840 + square feet of area with only 25.38 feet of frontage on Hummock Pond Road. The majority of the property (including the portions containing all of the improvements) is zoned Residential-2, with a portion of the property zoned Limited Use General-2. The condominium site plan, a reduced copy of which is attached as Exhibit B, shows the location of the zoning boundary line. Three dwelling units have existed on this property since prior to 1972. Relief is requested in this and the related applications to renovate, alter and expand the dwelling units (now known as Units 1, 2 and 3 of the Gardner Condominium Trust) as follows: Existing Ground Cover Approx. Proposed Ground Cover Unit One- dwelling 1230±sq. ft. 1550±sq. ft. only (Galen Gardner) Unit Two 790±sq. ft. 2225±sq. ft. (Linda Gardner) Unit Three 560±sq. ft. 1300±sq. ft. (Shirley Gardner) There is no expansion of the garage which is appurtenant to Unit One proposed. Given the size of the parcel and the modest nature of the additions proposed, the expansion of Unit 3 of the Gardner Condominium will not be substantially more detrimental to the neighborhood that the existing nonconformities. }yip`• y „y fie mac ;i I', MI_� �,I,. '1'i I •I I,I' ►l t.4 . 1 I Ilit .: 1,,1 ',I I .I1•k � 1 __, 1 I t 1 I 'I '� 'i I1 71 C i 1 1 I:��. 1.1 � 11 �LII f� 1 11 , 11 Illl 1'I) l: 3 1 I � 1 i ' ' ;.I.: N I i R I ! I + (l) ' i i 1 ',r 1i 'I,1,!,j I i 1:.' ;t, i 111--ji 11 ; 1: 1 I 1 ' 1 . II 'I; me- Oi • r►• r .1 t' � r� ` 1 I �i '• ' Iii , 3r.: . I■�I■■1 , I I : (II I� '! R ." ,,w 11111:I I 1'1 i. 11, 1 Ij1,11 ' �I� is - I I I ; , M� Mr �■N I 12. .iiti . I!1! II :11;:',1:� ,. , I ; ■ • y;ate: ' : 1,11 h1 I 'll ' I, • 1 �11 :► ,� 1 ' ( rl tl ' ' NI 1 I ,. - mg Y1 RRI M j: 'i+ �11. j 1�- r I 1'1. Y.4 Z 1,,:ii.., �` t I I • • (> 1 I:%.'_III Al ':1. '1�'I �'f .i 1 it 1�,,., *.•j ;.y. ` �.. Itif_ ' :, 'I'4('.iIf It I h -:,? -r. 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