HomeMy WebLinkAbout07-17 19 Arrowhead DriveFee: $450.00
Owner's name(s):/ L14
Mailing address
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
s � File
OFFICE
� FEB 21 2017
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Applicant's name(s):
Mailing Address:
Phone Number:, � E- Mail: //��
Locus Address: r&� Assessor's Map /Parcel: � O
Land Court Plan /Plan Book & Page /Plan File No.: �� ��_ ;-,7Jq d.�':Q-
Deed Reference /Certificate of Title: Zoning District L V ?
Uses on Lot- Commercial: None Yes (describe)
Residential: Number of dwellings Duplex Apartments --�-
Date of Structure(s): all pre -date 7/72 _ or 4- 7:,,/ -c�j,2
Building Permit Numbers:
Previous Zoning Board Application Numbers:
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508- 228 -7298 facsimile
State below or attach a separate addendum of specific special permits or variance relief applying for:
I certify that the information contained herein is substantially- complete and true to the
best of my knowledge, under the pains and penalties of perjury-. �p
SIGNATURE: \ 7 Owner*
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SIGNATURE: Applicant /Attorney /Agent-
*If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency.
OFFICE USE ONLY
Application received on:_ /_ /_ By: Complete: Need Copies:
Filed with Town Clerk: _ /_ /_ Planning Board:_ /_ /_ Building Dept.:-/-/`- By:_
Fee deposited with Town Treasurer:-/-/- By:_ Waiver requested:
Granted:_ /_ /_ Hearing notice posted with Town Clerk:-/-/— %failed:_ /_ /_
&_ //_ Hearing(s) held on:—/—/— Opened on :_ /_/_
Continued to:—/—/ yX,'ithdrawn:_ /_ /_ Decision Due B %-:_j /_
Made:—/—/_ Filed w /Town Clerk:_ /_ /_ Mailed:_ /_ /_
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508- 228 -7298 facsimile
Addendum:
Applicant is requesting Special Permit relief pursuant to Zoning
Bylaw Section 139-33A(l) to extend a pre - existing nonconforming
residential use. Specifically, applicant proposes to add a second
floor to a garage which was rendered pre - existing nonconforming as
to use, pursuant to Section 139 -33.L, by virtue of the removal of the
primary dwelling, to which it is was accessory, by the owner, an
instrumentality of the Commonwealth of Massachusetts.
property is owned by the NILB
the property &. structure is subject to a license f /b /o Jelleme
garage moved from previous location to present site in 2006
NILB removed the dwelling to which it was accessory in 2011, thus
rendering it pre- existing nonconformin
structure to be used as a garage & studio
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MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
Town and County of Nantucket, MA makes no
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concerning the validity or accuracy of the GIS data
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Parcels updated December, 2014
Properties updated 02/20/2017
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CE FICATE NO: DATE ISSUED:
Application to the HISTORIC DISTRICT COMMISSION, Nantucket, Massachusetts, for a
CERTIFICATE OF APPROPRIATENESS am
for structural work.
All blanks must be filled in using BLUE OR BLACK INK (no pencil) or marked WA.
NOTE: K Is strongly recommended that the applicant be familiar with the HOC guidelines, SuNift with Nantucket In Mlln4 prior te srabnrdttel of application.
Please am other side for submittal requirements. kroomplelle applications will not be reviewed by the HOC.
This is a contractual agreement and must be filled out in ink. An application is hereby made for issuance of a Certificate of Appropriateness under Chapter 395 of the Ads and
Resolves of Mass., 1970, for proposed work as described herein and on plans, drawings and photographs accompanying this application and made a part hereof by reference.
The certificate is valid for three years from date of issuance. No structure may differ
from the approved application. Violation may impede issuance of Certificate of FOR OFFICE USE ONLY
Occupancy . PROPERTY DESCRIPTION Date application received: Fee Paid: $
TAX MAP N °: PARCEL N °. Must be acted on by:
Street & Number of Proposed Work: Extended to:
Owner of record: Approved: Disapproved:
Mailing Address: Chairman:
Member:
Contact Phone # J _ _ E -mahl: _- - _ Member:
AGENT INFORMATION (if applicable) Memo'
Member:
Name:
Notes - Comments - Restrictions - Conditions
Mailing Address:
Contact Phone #: E -mail:
DESCRIPTION OF WORK TO BE PERFORMED
See reverse for required documentation.
• New Dwelling ❑ Addition U Garage U Driveway /Apron ❑ Commercial ❑ Historical Renovation ❑ Deck/Patio ❑ Steps ❑ Shed
• Color Charge ❑ Fence ❑ Gate U Hardscaping ❑ Move Building ❑ Demolition ❑ Revisions to previous Cert. No.
❑ Pool (Zoning District _) ❑ Roof ❑Other
Size of Structure or Addition: Length: _ . _ Sq. Footage 1 st floor: Decks/Patlo: Size: ❑ 1 st floor ❑ 2nd floor
Width: Sq. footage 2nd floor: .. " Size: 111 st floor ❑ 2nd floor
Sq. footage 3rd floor:
Difference between existing grade and proposed finish grade: North South East West
Height of ridge above final finish grade: North South East West
Additional Remarks
REVISIONS' 1. East Elevation
Historic Name:
Original Date:
(describe) 2. South Elevation
3. West Elevation
Original Builder:
Is there an HDC survey forth for this building attached? ❑ Yes ❑ WA 4, North Elevation
`Cloud on drawings and submit photographs of existing elevations.
DETAIL OF YJPRK TO BE PERFORMED
Foundation: Height Exposed ❑ Block ❑ Bk1dc Parged LA Brick (type) ❑ Pawed Concrete ❑ Piers
Masonry Chimney: U Block Parged ❑ Brick (type) ❑ Other
Roof Pitch: Main Mass /12 Secondary Mass /12 Dormer - /12 Other
Roofing material: U Asphaft: U 3 -Tab U Architectural Fence: Height:
U Wood ( Type: Red Cedar, White Cedar, Shakes, etc.) _ Type:
Skylights (flat only): Manufacturer.
Manufacturer
Gutters: ❑ Wood ❑ Aluminum
Leaders (material and size):
Sidewall: ❑ White cedar shingles _
❑ Other
_ Rough Opening _
Rough Opening _
U Copper U Leaders (material)
Length:
Size Location
Size Location
❑ Clapboard (exposure: inches) Front ❑ Side ❑
Trim: A. Wood U Pine ❑ Redwood ❑ Cedar ❑ Other
B. Treatment ❑ Paint ❑ Natural to weather ❑ Other
C. Dimensions: Fascia _ Rake _ __ Soffit (Overhang) Comer boards Frieze
Window Casing _ Door Frame — Columns /Posts: Round Square
Windows': ❑ Double Hung ❑ Casement ❑ All Wood ❑ Other --
❑ True Divided Lights(muntins), single pane U SDUs (Simulated Divided Lights) Manufacturer
Doors' (type and material): ❑ TDL ❑ SDL Front Rear Side
Garage Door(s): Type Material
Hardscape materials: Driveways Walkways Wells
Note: Complete door and window schedules are required.
COLORS
Sidewall Clapboard (N applicable) Roof '
Trim Sash Doors
Deck Foundation Fence Shutters
Attach manufacturer's color samples N color is not from HOC approval list.
boon into compliance with the HOC guidelines. I hereby agree of abide by comply wdh�the terms and conditions application• i hereby agree that tl submission of
any revisions to this application will initiate a new sixty-day review period.
Date _ _ <_ — Signature of owner of record _ _. _ -__ _ — — _ Signed hinder penalties of perjhxy
Town of Nantucket
Zoning Board of Appeals
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LIST OF PARTIES N INTEREST IN THE MATTER OF THE PETITION OF:
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PROPERTY OVdNER. !........... .
MAILING ADDRESS. 1. ....f ....
T / ... ` . 1'. �...... .. ......................
PROPERTY LOCATION .c� ..
ASSESSOR MAP / PARCEL..:? �.......+ ............... ...............................
SUBMITTED BY... . i�. �.. �:........� ....................... .
SEE ATTACHED PAGES
I certify that the foregoing is a list of all persons 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 300 feet of the
property line of owner's property, as they appear on the most recent applicable tax
list (M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139 -29B
(2).
DATE ASSESSOR'S OFFICE
TOWN OF NANTUCKET
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N \N l I CKET. ",IA 02554
(it I EY CAROL C & STUTGIS :AMY
CHI CKROW NOMINEE TRUST
402 HANCOCK RD
\VII L.AIMSTOWN 'ALA 01267
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RYAN MICHAEL G TRUSTEE
QU.AISE REALTY TRUST
2200 PENNSYLVANIA AV Mk 9800W
WASHINGTON. DC 20037
76
BUTLER .ARTHUR E & iVLARTHA L
40 SI IERBURNE COMMONS
APT 208
NANTUCKET. NIA 02554
26
30 Qt IAISE LLC
40 SI IERBURNE COMMONS # 208
N.\N I'l!CKET. NIA 02554
26
N:AN I- IJCKE "E CONSERVATION FOUND [
PO BO`( 13
N:AN EUCKET. MA 02554
20
CALVILLO RIC JR
I0 AA ES I CEDAR STREE L
BOSI0N. ALA 02108
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°flAl TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: March 21 , 2017
To : Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No . : 07-17
Current Owner : NANTUCKET ISLANDS LAND BANK
Applicant: CARL JELLEME
Property Description 27 Quaise Road
Map 26 Parcel 11
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with 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 a
complaint in Nantucket Superior Court or Land 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 .
Eleanor W. Antonietti ,
Zoning Administrator
cc : Town Clerk
Planning Board
Building Commissioner/Zoning Enforcement Officer
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND
WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY-LAW
SECTION 139-30 (SPECIAL PERMITS) ; SECTION 139-32 (VARIANCES) . ANY
QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT
508-325-7587 .
NANTUCKET ZONING BOARD OF APPEALS
Two Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 26, Parcel 11 Book 709, Page 43
27 Quaise Road Plan Book 20, Page 116
Limited Use General 3 (LUG-3)
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, March 9,
2017, at 1:00 P.M., in the First Floor Community Room of the Public Safety Facility at Four
Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the
application of NANTUCKET ISLANDS LAND BANK, as Owner, & CARL M. JELLEME,
as Applicant, 19 Arrowhead Drive,Nantucket, Massachusetts 02554, File No. 07-17:
2. The Applicant is requesting Special Permit relief pursuant to Zoning By-law Section 139-
' 33A(1) to extend a pre-existing nonconforming residential use. Specifically, applicant proposes
to add a second floor to a garage which was rendered pre-existing nonconforming as to use,
pursuant to Section 139-33.L, by virtue of the removal of the primary dwelling, to which it is
was accessory, by the owner, an instrumentality of the Commonwealth of Massachusetts. Locus
is situated at 27 Quaise Road, shown on Assessor's Map 26 as Parcel 11, and upon Plan Book
20, Page 116. Evidence of owner's title is in Book 709, Page 43 on file at the Nantucket County
Registry of Deeds. The site is zoned Limited Use General 3 (LUG-3).
3. Our decision is based upon the application and accompanying materials and
representations and testimony received at our public hearing. There was no recommendation
from the Planning Board, on the basis that no matters of planning concern were presented. There
was no opposition, written or oral, to the application.
4. The premises is owned by the Nantucket Islands Land Bank, although the garage
structure is subject to a lease for benefit of Applicant Carl Jelleme who owns the adjacent lot at
29 Quaise Road. The subject garage was moved from its previous location to the present site in
2006. The Land Bank removed the dwelling to which it was accessory in 2011, thus rendering
the garage pre- existing nonconforming.
5. At the 2013 Annual Town Meeting, the definition of Garage pursuant to By-law Section
139-2.A and the designation in Section 139-7.A (Use Chart) were modified by passage of Article
30. The change allowed for a residential garage to be either allowed by right if accessory to a
residential use or, if stand-alone, the primary use upon a lot with the granting of a Special Permit
by the Planning Board. Prior to this change, a garage had to be accessory to a residential use.
6. The Applicant is seeking approval to add a second floor above a garage to be used as an
art studio with no change in footprint. The addition of a second story to be used as a studio to the
now pre-existing nonconforming residential garage constitutes an expansion of the pre-existing
2
nonconforming use. A studio is defined in Section 139-2.A as "A building or a room or rooms
where an artist, artisan,photographer or the like does his or her work "
The proposed project benefits from assent by the Land Bank and from Nantucket Historic
District Commission approval, by virtue of Certificate of Appropriateness No. 63201, as the
same may be amended from time to time.
7. The garage is and will remain compliant as to all dimensional requirements of the Zoning
By-law. The prevailing determinant is the fact that the residential garage was made pre-existing
nonconforming in terms of use by virtue of the 2011 removal, by the Land Bank, of the dwelling
to which is was accessory. The finding of pre-existing nonconforming status is based upon the
provisions of Section 139-33.L which reads:
If as a result of acquisition of property by the Commonwealth or any instrumentality
thereof including the Town of Nantucket, the County of Nantucket, the Nantucket Islands
Land Bank (whether such acquisition is by eminent domain, gift, or deed for a public
purpose for which property could be taken by eminent domain), a use, building, structure,
lot, parking space, loading bay, landscaping or any other feature or attribute of property,
no longer complies with this chapter, then, provided that such property and its use
complied with this chapter or was legally nonconforming under this chapter prior to such
acquisition, the portion,features, attributes and uses of the property remaining after such
public acquisition shall be deemed to be legally nonconforming under this chapter.
8. Therefore, the actions taken by an "instrumentality of the Commonwealth" render the
garage a pre-existing nonconforming use on an undersized lot. The lot contains approximately
39,485 square feet to the waterline in the LUG-3 zoning district where minimum lot size is
120,000 square feet.
9. Based upon the testimony received at the hearing and the site plan entitled, `Building
Location Plan of Land in Nantucket, MA.", prepared by Nantucket Engineering & Survey, PC.,
and dated February 20, 2017, a reduced copy of which is attached herewith as "Exhibit A", the
Zoning Board of Appeals made a determination that the requested relief may be granted based
upon the finding that the proposed vertical expansion of the dimensionally compliant garage
structure to allow the installation of a studio, while constituting an extension, alteration, or
change of the pre-existing, nonconforming use, shall not be substantially more detrimental than
the existing nonconforming use to the neighborhood.
10. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested SPECIAL
PERMIT relief pursuant to the provisions of Zoning By-law Section 139-33.A to allow the
expansion of use pertaining to the pre-existing nonconforming garage with no expansion of the
footprint.
SICINATUREPAGSL W
S
3
Assessor's Map 26, Parcel 11 Book 709, Page 43
27 Quaise Road Plan Book 20, Page 116
Limited Use General 3 (LUG-3)
Dated: March 2 j , 2017 /
isa Botticel 7
cCarthy
Kerim Koseatac
3.17,/7
rk Poor
Geoff Thayer
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss.
On the L / day of ICI Q,YZIA , 2017, before me,the pursuant signed notary public,
personally appeared 5vsccn NlC(4■ -/\y , one of the above-named members of
the Zoning Board of Nantucket, Massachusetts, personally known to me to be the person whose
name is signed on the preceding document, and R>kil`b'Wl''d'ttgeizi that he/she signed the foregoing
instru voluntar• for " e purposes therein §s
��o reed:�O� >4.0
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Notary Public: 'vr a°
My Commission Expires: (p/1!)Z(�j ',,s . ..
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