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Home My WebLink About050-96 7,g/49,6, -65'0 COMMONWEALTH OF MASSACHUSETTS Nantucket, ss . Superior Court Department Nantucket Division I, Patricia R. Church, Clerk of the Nantucket Superior Court within the County of Nantucket hereby certify that in Case No. 96-44 , John Arno, Plaintiff v. Janet Murphy, et al, Defendants, brought by complaint entered in the Nantucket Superior Court on the tenth day of October, 1996, a Joint Stipulation of Dismissal was entered on the 11t'' day of May, 1998 . In witness whereof, I have hereunto subscribed my name and affixed the seal of said Nantucket Superior Court this 23-day of July, 1998 . Patricia R. Church, Clerk oqo- qco .ixoTue,„ TOWN OF NANTUCKET • BOARD OF APPEALS 'yc y e 419pORATE0' NANTUCKET, MASSACHUSETTS 02554 Date : September 1996 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No . : 050-96 Owner/Applicant : ROSEMARY E. HOWARD, EXECUTRIX, THE ESTATE OF CHARLES FLEMMING, OWNER , AND JANET MURPHY CONTRACT PURCHASER 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 .. C Michael J. 0 ' ara • 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 . o`_,pNTUCMf4 TOWN OF NANTUCKET 3r O t N k- BOARD OF APPEALS 0 4PORA119. NANTUCKET, MASSACHUSETTS 02554 s Assessor ' s Map 6 9 North Beach Street Parcel 49 Lot 6 Limited-Commercial At a Public Hearing of the Nantucket Zoning Board of Appeals , held at 1 : 00 P.M. , Friday, September 6 , 1996 , in the Selectmen ' s Meeting Room, Town and County Building, Broad Street , Nantucket , Massachusetts , on the Application of the ROSEMARY E. HOWARD, EXECUTRIX, THE ESTATE OF CHARLES FLEMMING, OWNER, AND JANET MURPHY, CONTRACT PURCHASER, of P.O. Box 762 , Nantucket , MA 02254-0762 and P .O. Box 1260, Nantucket , MA 02554-1260, respectively, Board of Appeals File No . 050-96 , the Board made the following Decision: 1 . Applicant (Murphy) is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-33A (alteration/expansion of a pre-existing/non-conforming use/structure . Applicant proposes to relocate the 899+ square-foot principal dwelling to a point approximately six (6) feet from the front yard lot line along North Beach Street and demolish the 431+ square-foot secondary dwelling unit and small 45+ square-foot shed currently sited at the rear of the Locus and reconstruct a new two-story 480+ square-foot secondary dwelling unit at a point approximately six (6) feet from the side yard lot line along Swain Street . A second floor will be added to the existing one and one-half story principal dwelling. The Locus is non-conforming as to lot size having an area of 4500+ square in a district that requires a minimum lot size of 5 , 000 square feet; as to ground cover, having a ground cover ratio of 31+% in a district that requires a maximum ground cover ratio of 30% for undersized lots; as to side and rear yard setback requirements , with the secondary dwelling being sited 3 . 39+ feet from the easterly side yard lot line at its closest point and at 4+ feet from the rear lot line at its closest point along Cornish Street in a district that requires a minimum side and rear yard setback of five ( 5) feet; and as to parking, with no spaces currently being provided and two ( 2 ) being required . After relocation and reconstruction of the two ( 2 ) dwelling units , the structures will meet all setback requirements and the Locus will contain the two ( 2 ) required parking spaces . No change in the ground cover ratio is planned . In the alternative, or in addition and to the extent necessary . Applicant is seeking relief by VARIANCE under Nantucket Zoning By-Law §139-16A, to allow the proposed project as presented . The premises is located at 9 NORTH BEACH STREET, Assessor' s Map 6 , Parcel 49, Lot 6 . The property is zoned Limited-Commercial . 2 . The Decision is based upon the Application and materials submitted with it and testimony and evidence presented at the Hearing . The Planning Board made an unfavorable recommendation on the Variance relief requested as there were no grounds for relief but had no objection to the grant of Special Permit relief . There was one ( 1 ) letter on file objecting to the proposed project . It stated that having two ( 2 ) two-story structures on a small lot would be inappropriate for the area . There were two ( 2 ) abutters present at the Hearing . One ( 1 ) spoke in favor of the relief but expressed concerns about the parking problems in the area and one ( 1 ) objected to the intensification of the use on the Lot and increased traffic and parking problems . The Secretary to the Brant Point Association was also present and said that there had been complaints about the increased traffic and parking problems in the area in general and some members were concerned about the impact the proposed project would have on the neighborhood . 3 . Applicant (Murphy, owner of the property as of the hearing date) , through her attorney, represented that the current structures , two ( 2 ) single-family dwellings and a shed , were in a derelict state and wished to demolish the secondary dwelling, reconstruct it, and renovate the primary dwelling and relocate both structures to meet all setback requirements . The dwelling units are currently separated by 2 .78+ feet and once reconstructed and relocated , will meet the twelve-foot scalar separation requirement between primary and secondary dwelling units . The 45+ square-foot shed will be removed in its entirety and the square footage of the secondary dwelling will be conversely increased from 431+ to 480+ square feet . There are no parking spaces currently on site and two ( 2 ) will be provided , one ( 1 ) accessed from Swain Street and one ( 1 ) from Cornish Street . Both dwellings will become two-story structures and be in keeping with the majority of structures in the neighborhood that are also two-story structures . The only non-conforming aspects remaining after relocation and reconstruction will be pertaining to lot size , having a lot area of 4 , 500± square feet rather than the required 5 , 000 square feet , and ground cover ratio, having a ground cover ratio of 31% rather than the required 30% maximum allowed . Both structures will also meet flood zone requirements . Applicant stated that there would be no impact on parking or traffic in the area as the number of dwelling units on the property will not increase and the vehicles associated with the Locus are currently parking in the street and not on site as they will after the project is completed . 4 . The Board expressed concern about the ground cover ratio and felt that with the demolition of the shed and secondary dwelling the Lot would be brought momentarily into compliance with the 30% ground cover requirement for undersized lots and would require a Variance to then go back to 31%. There were no grounds for a grant of a Variance for this aspect of the project and Applicant could easily maintain a ground cover ratio of 30% upon reconstruction of the secondary dwelling . The Board further felt that a grant of Special Permit relief would be beneficial to the neighborhood as the zoning violations pertaining to ground cover ratio, parking and setback would be cured with the relocation, demolition and reconstruction as proposed and any remaining non-conformities would not be increased by the project . Therefore, the Board finds that the grant of relief would be in harmony with the purpose and intent of the Zoning By-Law and would not be substantially more detrimental to the neighborhood than the existing non-conformities . 5 . Accordingly, by a unanimous vote, the Board GRANTS the requested relief by SPECIAL PERMIT under Nantucket Zoning By-Law §139-33A to allow the proposed relocation, renovation and increase to two-stories of the primary dwelling and demolition, reconstruction , relocation and increase to two-stories of the secondary dwelling subject to the following conditions : A) The project shall be completed in substantial conformance with the plan attached hereto and marked as "Exhibit A" acknowledging that there may be possible footprint alterations to bring the total ground cover ratio down from 31% to a maximum of 30%; B) There shall be two ( 2 ) legal parking spaces provided on site; C) The two ( 2) dwelling units shall meet all setback requirements and the twelve-foot scalar separation required between a primary and secondary dwelling unit shall be met; and D) There shall be no exterior construction from May 31 to October 1 of any given year . 6 . Upon a request by Applicant to WITHDRAW WITHOUT PREJUDICE the request for VARIANCE relief , the Board , by a unanimous vote, allows said withdrawal as the Applicant has agreed to a ground cover ratio maximum of 30%, thus relief by Variance is not necessary. Dated : September al-0, 1996 (A RECEIVED Michael 'Mara TOWN CLERK'S OFFICE „ NANTUCKET, MA 02554 � n�: n a /�� /� SEP 2U 1996 %In , • . f illiams (J nut,/) TIME: CLERK: J"iL :over , J . Leichter William Hourihan Nancy Sevrens (24,4 Cornish Street P/MIZ L) f 6'-0' rAim 4n J 1 9'PCE v / / 5._6 / 9.10'± i) TTTI n---- \ I l l l f-hT�r, e rl ` CCJV�t�9 POI�H —— 8'_o' �r North Beach : Street. 0,apNTUCM�� TOWN OF NANTUCKET �` *,• BOARD OF APPEALS • O'4p0RAtE9* NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1 : 00 P.M. , FRIDAY, SEPTEMBER 6 , 1996 , in the Selectmen ' s Meeting Room, Town and County Building, Broad Street , Nantucket, Massachusetts , on the Application of the following: ROSEMARY E. HOWARD, EXECUTRIX, THE ESTATE OF CHARLES FLEMMING, OWNER, AND JANET MURPHY, CONTRACT PURCHASER BOARD OF APPEALS FILE NO . 050-96 Applicant (Murphy) is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law §139-33A (alteration/expansion of a pre-existing/non-conforming use/structure) . Applicant proposes to relocate the 899+ square-foot principal dwelling to a point approximately six (6) feet from the front yard lot line along North Beach Street and demolish the 431+ square-foot secondary dwelling unit and small 45+ square-foot shed currently sited at the rear of the Locus and reconstruct a new two-story 480+ square-foot secondary dwelling unit at a point approximately six (6) feet from the side yard lot line along Swain Street. A second floor will be added to the existing one and one-half principal dwelling. The Locus is non-conforming as to lot size having an area of 4500+ square in a district that requires a minimum lot size of 5,000; as to ground cover, having a ground cover ratio of 31+% in a district that requires a maximum ground cover ratio of 30% for undersized lots; as to side and rear yard setback requirements , with the secondary dwelling being sited 3 . 39+ feet from the easterly side yard lot line at its closest point and at 4+ feet from the rear lot line at its closest point along Cornish Street in a district that requires a minimum side and rear yard setback of five ( 5) feet; and as to parking, with no spaces currently being provided and two ( 2) being required. After relocation and reconstruction of the two ( 2) dwelling units , the structures will meet all setback requirements and the Locus will contain the two ( 2 ) required parking spaces . No change in the ground cover ratio is planned. In the alternative or in addition to the extent necessary, Applicant is seeking relief by VARIANCE under Zoning By-Law §139-16A, to allow the proposed project as presented. The premises is located at 9 NORTH BEACH STREET, Assessors ' Map 6 , Parcel 49, Lot 6 . The property is zoned Limited-Commercial . qvc0,0.),G Michael J. O'Mara , Chairman Applicant is seeking relief by SPECIAL PERMIT under By-Law §139-33A and in the alternative and/or in addition a VARIANCE under By-Law §139-16A to alter and/or extend a prior existing non-conforming lot as follows: 1 . relocate the 899+ square-foot principal dwelling from the current site in the middle of the Lot to be oriented towards North Beach Street which shall be shown as the front yard lot line and by adding a full second story to the one and one-half story existing structure; and 2 . by demolishing the existing 431+ square-foot secondary dwelling unit (the cottage) located within the rear and side yard setback areas at the northeast corner of the Lot on Cornish Street , and reconstruct a new secondary dwelling that would not be closer than five (5) feet from the side yard lot line that runs along Swain Street, maintaining the 12-foot scalar separation between the two-dwelling units . The small non-conforming 45+ square-foot shed located along the easterly side yard lot line will also be demolished . The new dwelling unit would have a total ground cover of 480+ square feet and have two (2) stories . Both structures will comply with all setback requirements . The ground cover ratio of 31+% will remain unchanged on the 4500+ square-foot Lot . No parking spaces are currently provided with two ( 2 ) being required , one ( 1 ) for each dwelling unit . Two ( 2) legal parking spaces will be provided after the relocation, demolition and reconstruction of the structures as proposed . CORNISH STREET S47°52'00"E 50,00' 431 S.F. .' • Y H W - ° o p a, `� I CO o o SUS z o Q� 0 S, H ° ° 899 S.F. of G �'- 11. 3'11 , N47°52/0011W NORTH BEACH STREET EXISTING ;< 'NJ Cornish Street PNMNG r� J 6._0., 1) PPM1NG SPfra / 5'-6' 9.10'± IIrl I N IIIL/ � P5-� iII 1 5L-L-frCOVI:I�➢POf�C}i �r North Beach Street. IT 6(5 BoA Form 2-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING THEODORE L. TILLQTSON, P.C. NANTUCKET, MA 02554 One Freedom Square ASSESSOR'S LIST OF PARTIES IN INTEREST PO.Box 15 0 MA 02554-1530 Rosemary Howard, Executrix PROPERTY OWNER: Estate of Charles Flemming APPLICANT FOR RELIEF (SAME? ) : Janet Murphy ADDRESS OF PROPERTY: 9 North Beach Street, Nantucket, MA ASSESSOR'S MAP - PARCEL: - 42.4.1-94 LIST OF PARTIES INCLUDING ADDRESSES* (OR SEE ATTACHED ) : IF- AUG I 2 1936 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) ] . l 0 . August ) , 1996 Date A s-'ssor own of Nantucket *NOTE: Applicant (petitioner) should include with the lot for which zoning relief is sought, any commonly-owned abutting lots which might become involved in the zoning matter. List map and parcels for each abutter. 08/14/96 TOWN OF NANTUCKET PAGE 1 08:32:58 OWNER'S MAILING ADDRESS LIST MUAS750 8.3 Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location 4241 0043 CASSEBAUM WILLIAM H & FRANCES 0250 BOOTH AVE 0020 EAST LINCOLN AVE ENGLEWOOD NJ 07631 4241 0045 POPE ALAN R & NATALIE P 0209 E MAPLE AVE 0016 EAST LINCOLN AVE MOORESTOWN NJ 08057 4241 0046 *COMSTOCK DONNA L 25 HEMLOCK HILL RD 0014 EAST LINCOLN AVE AMHERST NH 03031 4241 00491 JONES BARDWELL & MARYANN SUITE 209 0006 EAST LINCOLN AVE 33 SOUTH MAIN ST S NORWALK CT 06854 4241 0049 CARR MARTHA A TRUSTEE 4200 MASS AVE NW UNIT 107 0004 EAST LINCOLN AVE E. 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