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HomeMy WebLinkAbout008-07 TOWN .OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: ..:J o-n U'a "'\ l~, 2007 To: Parties in Interest and. Others concerned with the --"j)e-Eislon-of the BOARD OFl APPEALS in the Application of the following: Application No.: CO~~07 Owner/Applicant: J. Skw.C\., BrtCl./'i oncQ /js:o. - 010.'- q Q re.:sr-- s. 13 nt >!Jl 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 com~laint and certified copy of the ~ecision must be given to the Town Clerk so as to be received within such TWENTY (20) days. . ~~~4'~~1~ f\J0JV\~ J. :e" 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 g139-301 (SPECIAL PERMITS); 9139-321 (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 2 FAIRGROUNDS ROAD NANTUCKET, MASSACHUSETTS 02554 Assessors Map 41 Parcel 519 ROH 144 Main Street Book 916, Page 151 Deed Ref. 1033/52 At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1 :00 P.M., Friday, January 5, 2007, in the Conference Room, 2 Fairgrounds Road, Nantucket, Massachusetts, on the Application ofthe J. STEWART BRYAN AND LISA- MARGARET S. BRYAN, of 4608 SuI grave Road, Richmond, VA 23221, Board of Appeals File No. 008-07, the Board made the following Decision: 1. Applicants are seeking relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section 139-33A(9) (alteration/expansion of a pre-existing, nonconforming use/structure - ground cover). Applicants propose to demolish the rear existing el that is sited as close as about three feet from the easterly side yard lot line, construct a new foundation, and add a second story to the new rear addition. The nonconforming setback would be eliminated with the demolition and the new addition would conform to all setback requirements. The existing nonconforming ground cover ratio of about 34.9% would be temporarily reduced to momentarily comply with the maximum ground cover ratio of 30%. Applicant is therefore seeking special permit relief to allow the reconstruction of ground cover up to about 34.9%. In addition, Applicants are seeking reliefby SPECIAL PERMIT under Zoning By-law Section 139-33E(2)(a) to increase the ground cover ratio from about 34.9% (about 1,203 square feet) to about 37% (about 1,262 square feet) as part of the reconstruction of the rear el. The rear addition height would increase from about 14 feet to about 22 feet. Parking would continue to be provided on site. The historic front portion of the house is conforming in all respects. The property is benefited by a previous grant of Variance relief in the Decision in BOA File No. 073-84 that permitted the construction of the existing garage sited within the westerly side yard setback area and the increase of ground cover beyond the maximum allowed of 30%. Relief to exceed ground cover in the ROH to 50% for undersized lots is now allowed by a grant of special permit relief, as so requested by the Applicants herein. However, to the extent the Board deems it appropriate, the Applicants are seeking a MODIFICATION of said Decision to complete the project as proposed. The lot is nonconforming as to lot size with the lot containing about 3,460 square feet of area in a district that requires a minimum lot size of 5,000 square feet; as to frontage with the lot having about 41.3 feet of frontage along Main Street in a district that requires a minimum frontage of 50 feet; as to ground cover ratio with the lot containing about 34.8% ground cover ratio in a district that allows a maximum ground cover of 30% for undersized lots; and as to setbacks with the dwelling sited as close as about three feet from the easterly side yard lot line and with the separate garage sited as close as about 1.5 feet from the westerly side yard lot line in a district that requires a minimum side and rear yard setback of five feet. The Premises is located at 144 MAIN STREET, Assessor's Map 41, Parcel 519, and is shown as the easterly portion of Plan Book 916, Page 151. The property is zoned Residential-O ld- Historic. 2. The Decision is based upon the Application and the material submitted with it and the testimony and evidence presented at the Hearing. The Planning Board made no recommendation. The immediately abutting neighbor to the east was present at the public hearing and expressed concerns about the new addition if it was going to be sited within the required easterly side yard setback area. She also asked that the oil tank be moved to a conforming location. There were no letters on file. 3. The Applicants represented that as part of an overall renovation of an existing single-family dwelling, they proposed to demolish and reconstruct an existing rear el. The rear el is currently nonconforming as to the easterly five-foot side yard setback requirement as the structure is sited as close as about three feet from that lot line. The new addition would conform to all setback requirements. The ridge height of the rear addition would increase from the present about 14 feet to no more than 22 feet. The existing ground cover is about 34.9%, with a maximum of 30% allowed for undersized lots in the Residential-aId-Historic zoning district. Applicants are seeking special permit relief in order to increase the ground cover to a maximum of 37% in order to eliminate jogs in the wall planes ofthe existing rear addition. Parking would continue to be provided on site. No other changes are proposed that would require relief at this time. The property is benefited by a previous grant of V ariance relief in the Decision in BOA File No. 073-84, which allowed the construction ofthe existing garage within the westerly required setback area. At that time, variance relief was also necessary to increase ground cover beyond 30%. Such relief is now available by special permit as a result of a vote of the Annual Town Meeting in 2003. No changes are proposed for this garage, but the structure may be temporarily moved off site in order allow access to the rear ofthe property in order to facilitate the removal and reconstruction of the rear addition. As a condition of the previous grant of relief, no human habitation is allowed in the garage. Applicants state that they have no plans to alter the use of the garage at this time. 4. Based upon the foregoing, the Board finds that the demolition and reconstruction of the rear addition on the single-family dwelling and increase of the ground cover to a maximum of37%, subject to the appropriate conditions as set forth below, would not be substantially more detrimental to the neighborhood than the existing nonconformities, particularly as the easterly side yard setback encroachment would be eliminated and the addition would conform to all setback requirements of the Zoning By-law. The Board finds that there would be little impact upon the neighborhood as the current use of the structure would not be altered, parking maintained on the lot and no other nonconformities increased. As the demolition and reconstruction of the rear el would entail possible temporary removal of the garage from the site in order to access the rear of the property and minimize disturbance to neighbors, the Board finds that a Modification of the previous Decision in BOA File No. 073-84 would be necessary to allow such a temporary move, provided that repositioning of the garage would be on the same site and no closer to the westerly side yard lot line than presently sited at about 1.5 feet. In response to the Board's concerns about possible negative impact on the easterly abutter with the placement of a new foundation under the reconstructed addition, the Applicants stated that they would take every precaution to protect the neighbor's property, including the use of metal sheathing below grade to stabilize the ground should that be necessary. 5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested relief by SPECIAL PERMIT under Nantucket Zoning By-law Sections 139-33A(9) and 139- 33E(2)(a) to allow the project to be completed as proposed; and to the extent necessary, MODIFICATION of the previous variance relief granted in the Decision in 073-84 to allow the temporary removal and replacement of the garage in order to provide access to the rear of the property for demolition and reconstruction of the rear addition as proposed, based upon the following conditions: a. The reconstructed rear addition shall conform to all setback requirements; b. The new siting and ground cover of the rear addition shall be done substantially as shown upon the "Site/Locus Plan" done by Applicants' designer, Emeritus Development LTD, dated December 15,2006, a reduced copy of which is marked as Exhibit A and attached hereto; c. The maximum ground cover allowed for the lot shall be 37%; d. There shall be no exterior work related to this project allowed between June 15th and September 15th of any given year; and e. There shall be no human habitation of the garage and the garage shall be repositioned no closer to the westerly side yard lot line than presently located at about 1.5 feet. Dated: J anuary r~ , 2007 ~ = z --" -'0 ~-.) .b: N 90'9~'G~ UO!l~mJlSUOJ JOJ lON - UO!l88!ldd'v' ''v''S'Z '-'-'=tJ I . I !! .s I ,. / hi '1 ~ I I; - ----i/ ' . _. IN-".dl.OS.'B__li~ in in <;t '$ .J ~~ i ~~~: I " i g..~ _IL_ ~~ "'El i;!!~~ i~H :Z~L.l...u... ~ '68 <!-g :;r, ;\\0 ~ -l5- ON:lWe;;-- . - . - z 31101W1!A~1i dIIV "iii l'!' ;n~ t: 0 0> :;::; ~:c~ CO E ..-oo~~~ -.;to::l!)Ol!)l!) ~ 0 Q) ...... Ol t: ro c: Ol- '" _CC~~J:::: a:: C) Q) .- 0 u u u ~aU:E22 "' t: ~~Ea;a;a; => 0 t: o(lc~(f)(f)(f) ~~ 0 a.~.~cQ)ro co ::l.~ e ~ Q) oor- N 2U2LL(f)O:: ~ '6 ~ ::1.-8 :~-g In "/+.691 ., it :!< "<f!. 0 -.;t <D e e ~~ ~ ~ g-g-~g- g- ii: gi g~g8i:~ C!.O-.;t.N.<D"!. LO(I")C"')~LO.,.... Q) ~ . U NO ~0 (j)~ 0-00 o~ ~ 0>~0 ....J 3: '-.f: 0 co~.~g.I9 ~~3~cl:~ c: '" Q. ~i N TOWN OF NANTUCKET ZONING BOARD OF APPEALS ~-_.----------"- 2 FAIRGROUNDS ROAD NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1:00 P.M.. FRIDAY. JANUARY 5.2007. in the Conference Room, 2 FAIRGROUNDS ROAD, Nantucket, MA, on the Application of the following: J. STEWART BRYAN AND LISA-MARGARET S. BRYAN BOARD OF APPEALS FILE NO. 008-07 Applicants are seeking relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section 139-33A(9) (alteration/expansion of a pre-existing, nonconforming use/structure - ground cover). Applicants propose to demolish the rear existing el that is sited as close as about three feet from the easterly side yard lot line, construct a new foundation, and add a second story to the new rear addition. The nonconforming setback would be eliminated with the demolition and the new addition would conform to all setback requirements. The existing nonconforming ground cover ratio of about 34.9% would be temporarily reduced to momentarily comply with the maximum ground cover ratio of 30%. Applicant is therefore seeking special permit relief to allow the reconstruction of ground cover up to about 34.9%. In addition, Applicants are seeking relief by SPECIAL PERMIT under Zoning By-law Section 139-33E(2)(a) to increase the ground cover ratio from about 34.9% (about 1,203 square feet) to about 37% (about 1,262 square feet) as part of the reconstruction of the rear el. The rear addition height would increase from about 14 feet to about 22 feet. Parking would continue to be provided on site. The historic front portion of the house is conforming in all respects. The property is benefited by a previous grant of Variance relief in the Decision in BOA File No. 073-84 that permitted the construction of the existing garage sited within the westerly side yard setback area and the increase of ground cover beyond the maximum allowed of 30%. Relief to exceed ground cover in the ROH to 50% for undersized lots is now allowed by a grant of special permit relief, as so requested by the Applicants herein. However, to the extent the Board deems it appropriate, the Applicants are seeking a MODIFICA nON of said Decision to complete the project as proposed. The lot is nonconforming as to lot size with the lot containing about 3,460 square feet of area in a district that requires a minimum lot size of 5,000 square feet; as to frontage with the lot having about 41.3 feet of frontage along Main Street in a district that requires a minimum frontage of 50 feet; as to ground cover ratio with the lot containing about 34.8% ground cover ratio in a district that allows a maximum ground cover of 30% for undersized lots; and as to setbacks with the dwelling sited as close as about three feet from the easterly side yard lot line and with the separate garage sited as close as about 1.5 feet from the westerly side yard lot line in a district that requires a minimum side and rear yard setback of five feet. The Premises is located at 144 MAIN STREET, Assessor's Map 41, Parcel 519, and is shown as the easterly portion of Plan Boo~116, Page 151. The pro erty is zoned Residential-Old- Historic. ~(, Nancy J. Sevrens, THIS NOTICE IS AVAILABLE IN LARG RINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. ._ ~ ...r:' "" " '~,~~.'\! ,I .,~,,,,. I . \",., <. - ',;. .. .. . ~~ 3' ( FEE~ ~300.00 NANTUCKET ZONING BOARD OF APPEALS .. ., 1 ~AST CHESTNUT STREET NANTUCKET, MA 02554 APPLICATION FOR RELIEF CASE NO.CDS>--G7 Owner's name(s): :r '>TeuJor ~ Maili':lJ~~~dress: 4:~o~ S' u l u . ----------.-..---.-.-- --1"------ .---.-.----- --.--.----...-.----.-.--...- ...-----.---. Applicant's name(s): L s: ~) . Mailing address: . C S. Q~") . Locus 'address: I L-f \.{ fYlo In S1Yee[ .fssessor's MapfParcel: 4 ( I 5t 9 Land Court PlanfPlan Book & PagefPhin File NQ.: q lLR / t 5f Lot No.: ~ Date lot acquired: (/61/00Deed Ref./Cert. of Title: /C)33 / ~ J-. ZoningDistrict:~ . t . :Uses on Lot-Commercial: None ~Yes(des.cribe) .' . . ReSidential: Number of dwellingsL Duplex----.: Apartments_Rental Rooms . Building Date(s): All pre-date 7/721 ~ or . C of O(S)'l' Building Permit Nos: Previous Zoning Board Application Nos.: ~CL O'{ 3 - rrLj- . State below or on a separate addendum specific reli~f sought (Special Permit, Variance, Appeal), Section of the Zoning By4aw, and supporting details, grounds for grant of relief, listing any existing nonconformities: ~ ctfff)okaJ Orfl~ckm) ~ .1 . -" _' ~::;J , .:J 'r') ',-0 SIGNATURE: Applicant Attorney/Agent K (If not owner or owne's orney, please enclose proQ of agency to bring this matter before the Board) ro ~ lm~U~ . . Application received ou: Il-Il ? (k By: Complete: Need copies?: ~ Filed with Town Clerkt~Iz1/cJGPlanning ~anl: " I DtlildiRg J)ept: 1 I~r: Fe. deposited with Towu Treasurer: bL-rv, ;cG BJ' ~ Waiver requested?:_ Grauted:_I--:I_ Hearing notice posted with Town Clerk:l.:L1!Lf3:gMailed:~iZ'o ~I&M: tl721-c&.- & (0/ltlcfo Hearing(s) held on:_I_I-: Opened on:_I_I_ Continued to:_I_I_ Withdrawn?:_I_I_ DECISION DUE RV: I I Made: I I Filed wrrown Clerk: / I Mailed: 1 / ned herein is substantially complete and true to the best of my alties of perjury. I certify that the infor knowledge, under the ADDENDUM Applicants are seeking relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section 139-33A(9) (alteration/expansion of a pre-existing, nonconforming use/structure - ground cover). Applicants propose to demolish the rear existing el that is sited as close as about three feet from the easterly side yard lot line, construct a new foundation, and add a second story to the new rear addition. The nonconforming setback would be eliminated with the demolition and the new addition would conform to all setback requirements. The existing nonconforming ground cover ratio of about 34.9% would be temporarily reduced to momentarily comply with the maximum ground cover ratio of 30%. Applicant is therefore seeking special permit relief to allow the reconstruction of ground cover up to about 34.9%. In addition, Applicants are seeking relief by SPECIAL PERMIT under Zoning By-law Section 139-33E(2)(a) to increase the ground cover ratio from about 34.9% (about 1,203 square feet) to about 37% (about 1,262 square feet) as part ofthe reconstruction of the rear el. The rear addition height would increase from about 14 feet to about 22 feet. Parking would continue to be provided on site. The historic front portion of the house is conforming in all respects. The property is benefited by a previous grant of Variance relief in the Decision in BOA File No. 073-84 that permitted the construction of the existing garage sited within the westerly side yard setback area and the increase of ground cover beyond the maximum allowed of 30%. Relief to exceed ground cover in the ROH to 50% for undersized lots is now allowed by a grant of special permit relief, as so requested by the Applicants herein. However, to the extent the Board deems it appropriate, the Applicants are seeking a MODIFICATION of said Decision to complete the project as proposed. The lot is nonconforming as to lot size with the lot containing about 3,460 square feet of area in a district that requires a minimum lot size of 5,000 square feet; as to frontage with the lot having about 41.3 feet of frontage along Main Street in a district that requires a minimum frontage of 50 feet; as to ground cover ratio with the lot containing about 34.8% ground cover ratio in a district that allows a maximum ground cover of 30% for undersized lots; and as to setbacks with the dwelling sited as close as about three feet from the easterly side yard lot line and with the separate garage sited as close as about 1.5 feet from the westerly side yard lot line in a district that requires a minimum side and rear yard setback of five feet. Town of Nantucket Web GIS - Printable Map Page 1 of2 Town of Nantucket Web GIS 1 -----"l- I I i T-~- -----~ ~. ~i~- . I rl19 i #'." j ! I I . I " I o 129ft Sale Date Sale Price Book/Page Lot Size 41 519 144 MAIN ST FOSTER GENE G & W DOUGLAS 115 NORTH WESTVIEW DR WINSTON-SALEM, NC 27104 10/01/2004 $1,150,000 00916/0151 0.08 acres . Prop ID Address Owner NOT A LEGAL DOCUMENT CJ For general reference only: Important caveats which must be considered when using this data are available from the Nantucket GIS Coordinator. Dj~claim~r The information displayed on this or any other map produced by The Town of Nantucket is for reference purposes only. The Town of Nantucket does not guarantee the accuracy of the data. Users are responsible for determining the suitability for individual needs, All information is from the Town of Nantucket (:;,::I.nnr::.nhir Tnfnrm~tif"ln ~\lc:t~m ((;Tc;" r1~t~h;::tI:j:I ~~ ~\. '~'0 6/ " ~ Town of Nantucket, Mass Map Composed http://host.appgeo.com/nantucketma/PrintableMap.aspx?Preserve= Width&Map Width=86... 12/13/2006 Town of Nantucket Web GIS - Printable Map Page 1 of2 Town of Nantucket Web GIS Prop ID Address Owner 41 519 144 MAIN ST FOSTER GENE G & W DOUGLAS 115 NORTH WESTVIEW DR WINSTON-SALEM, NC 27104 10/01/2004 $1,150,000 00916/0151 0.08 acres . NOT A LEGAL DOCUMENT a Sale Date Sale Price Book/Page Lot Size For general reference only: Important caveats which must be considered when using this data are available from the Nantucket GIS Coordinator. QjscJaimer The information displayed on this or any other map produced by The Town of Nantucket is for reference purposes only, The Town of Nantucket does not guarantee the accuracy of the data. Users are responsible for determining the sUitability for individual needs. All information is from the Town of Nantucket r::pnnl"';:mhir Tnfnrm;"ltirm ~\/c:tpm ((;Te;,) rl;"lt;!h:::lC:p ~y--~ ~ Town of Nantucket, Mass Map Composed http://host. appgeo. com/nantucketma/Printab leMap. aspx ?Preserve= Width&Map Width=4 3... 12/2012006 Oct 11 06 10:57a Liss~ 804-359-1549 p.7 ::C~ pili 47-N 20!JS' k~ 16_15' ,;;--(L_~ It.- 00 V.o ~ - ~ g' I u. n. "" ~ ':0' Il' ., tn ~, :;y W 0:: 0 ::. <: 0 Q) Z IlJ -i I 0 1'-. ll: -: :j- ~ ;;:= :J: Q u ii' :)/. .... '-... " ~. ~6 ,~:~ 1/.. 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STRUCruR(S DO N01 CO~FORW TO CURRENT ZOHa-lC RfOUlRtI.lENn; "'1TH RESPECT TO (;ROVI~O COVE~ MiO SIDE YARD S::TBACK MAIN STREET REBAR FOUND NOT A7 COR. ~i!'.e PH.' 4S...~ (SEE DETAIL. I' PLfl45 A) 30,73'~~ - ~ Jl -5.:1"0' , V~- <:) :z ..., c: <: lD .... c: --- <:: I Il") oq o z -:( ID -J ~ >-- 2: o ;::;: 41.3' (calc) ;..., ~. 'I , I 0., l I CURRENT ZONING: ROH MINIMUM LOi SIZE: 5000 SF M!NItI.LlM rRONTACE: 50 rT rRONTYARD SETBACi<: NONE "'j I. 1_' SIOI:: AND REAR SETBACK: 5 FT 3,\ Et.'^Cr; I;:;: ALLOWABLE G.C,R.: 507. ( 30% FOR ~. ~ ~ ,!! WtTH AREA UNDER 5000 SF). ~<J.~~l~:l~.f EXiSTING G.C.R.: 34.8%:!: ~/-:~~ 'Yol( L . . "\l ~ FOR PROPERTY UI!E DEI[RMINAllON liS PLOT PLNol REl.IE$ ON C'Jl\RtNT OEWS AND PLANS Of RECORD. VERlF'lEG l'!Y FIElD IAEASI)REMENTS AS StI01l~~ HER::OO, TH:S PLAN IS ....OT Rt:PllESENlED TO BE A TIRE (X^"lINATION OR A RECORDABLE Slll~II(Y. , HERESY CERilfY TO iHE aEST OF lAY I<NO\\l.EOGE 1 HI- 1 HiE PREM:SES SHO'ioN ON lUtS PlAN ARE lOCAT(v W:1HI/o,' 'H( c: ZONe AS OE.lIt'EAt(D 0,,, THE -riRM" ur,p 0;- COMMUNI rl' NO. 250230; ""ASS [fFECi/V(: 6-J-8&. R(IIISfI) 7-2-92 BY 11-1E r(O(l~A.!.. ~I.fERCENCY l,!JlNIo.C(t.IENT AC[NCY. -.5 <'>I <D oj 1:0 ~ a w <'.I U <<l: <() >- I I ~ ';J. ~ ~ "" -< Ci -. L.J <<l: :J: U ~ 4- '" :z J.2':: .f 4000' . (pl(t 'Yr ~~' - 518 47_IV) "'fo", " O~Ol<E' " N.1l 15/65 .(, MORTGAGE INSPECnON PLAN IN NAN!UCKET, MASSACHUSETTS SCAlE; 1""'10' DATE:SEPT 14. 2004 DEED REFERENCE: DBK 789. PG 25 .ELAN REFERENCE: NONE ASSESSOR'S REFERENCE: f-JAP: 41 PARCEL: 519 PREPARED FOR: GENE C.FOSTER !L. W_ DOUGLAS rOSTER EMACK SURVEYlNG 2 WASHAM AN AVENUE NANTUCKET, !.lA, 02554- (50a) 325-0940 J-- 712 [JOB NO. 5104] 141 007 10/11/2006 WED 10:56 ~ oen ~ -. 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H J 0 :i " ~ o " " <n -,:- ~ '; :- w; M 0) ...... <.0 o Q) <..) c Q) -a 00 Q) 0::::Q5 Q) "- -+-' COO CO .c ct'l >.~ L... oo::::t (()~ Q) '-' c Q) -c -;;; Q) IY c '" c:- oo ~ I ~lli! ~o CO') ~ -r- <i.~ ~j~~ j il~ Illl iHil ';~J . ii'll I fl" lI!.l ~ .--........,,,-"'" ,._...~".._.....""....., ~~;~~ lfM M ,. ,i, 10!" ~HH ~dl! :: ~!~ ~ ~~~ i h II ~~ ~ c o oq- '$- c '" CL '" > '" w';: '" V). I.(') I I ~._. Main Street iQg jJ;j oo::::t LO iug Ihl LO N C> lUl l!i! <( ~rg '" ~ ,r I " JI~~ !l,/ -0 " '" " c "" -+-' u -0 Q) '" iug ,-;1 t- V) '" CL i I "" ..::z::. jJ,iJ ~ iii u U ~ 0" V)~ " -0 . ~ u. .:: ~ 0'- 0" 0' -+-' -' . <'15 , St : ,ij!I~[~~~@ I 0- C ~ ihl N I j M ct'l HI Z 90.9~.Z~ uOfpnJjsuoo JOj JON - A/UQ /B!lOJdd'tj 'O'O'H JOd TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 November 30, 1984 Re: EVELYN TRUBY (073-84) Enclosed, please find notice of a decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Any appeal from this action shall be made pursuant to Section 17 of Chapter 40A of the General Laws, and shall be filed within twenty (20) days after this date. BOARD OF APPEALS ;>;>>~~ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 DECISION: In the matter of the Application of EVELYN L. TRUBY (071-84), at a meeting of the BOARD OF APPEALS held at 1:30 P. M. on Friday, November 2, 1984, and continued to 1:30 P. M. on Friday, November 16, 1984, at the Town and County Building, Nantucket, the Board enters the following Decision and makes the following findings: 1. This is an application for a VARIANCE granting relief from the requirements of Section 5.3 (Intensity Regulations: side lot line) and Section 5.1 (Intensity Regulations: ground cover ratio) of the zoning By-Law. If granted, the Applicant would be permitted to construct a new garage, eleven feet wide and nineteen feet long, which would be 3.0 feet from the side lot line (five feet setback requi red by the by-law) and which would, together with the existing buildings upon the lot, cause the lot to have a ground cover ratio of 33% (30% maximum permited by the by-law) . The subject premises consist of the property approximately shown on Assessor's Map 41 as Parcel 519, are located at 144 MAIN STREET, and are zoned as RESIDENTIAL-OLD HISTORIC. 2. Based upon the application and the materials and testimony presented at the public hearing, the Board finds that the subject premises contain about 3,698 square feet and contain a single-family dwelling, antedating the effective date of the Nantucket Zoning By-Law, with ground cover of 1,019 square feet; the present ground cover ratio, computed under the by-law, is 27.6%. There is no garage upon the subject premises. The Applicant proposes to construct a detached garage, containing no living space and no additional dwell ing uni t, between the westerly side of the existing dwelling and the westerly boundary of her property, near the end of the present driveway. The proposed garage would have a ground cover of 209 square feet, for a total ground cover for the lot of 1,228 square feet, or a ground cover ratio of 33.2%. 3. Under the Zoning By-Law, the ground cover ratio permitted in a Residential Old Historic District is 50%. However, the by-law further provides that a lot with a previously existing structure which contains less than 5,000 square feet is limited to 30% in ground cover ratio. This Board rules that the applicable ground cover ratio permitted upon the subject premises is 30%. 4. The Board finds, based upon a review of the Application, supporting documents, plans, testimony, correspondence, and a viewing of the sUbject premises, that, due to circumstances relating to the shape or topography of ~ the subject premises, and especially affecting the subject premises but not affecting generally the zoning distr ict in which they are located (such circumstances consisting of the boundaries and dimensions of the subject premises, and the location of the existing structure and walls thereon), a literal enforcement of the provisions of the Zoning By-Law would involve substantial hardship, financial or otherwise, to the Applicant (such hardship consisting of the fact that there is no other place upon the subject premises where a garage can be constructed), and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the by-law (in that the requested relief will permit the construction of a garage, which will be more aesthetically desirable than the outdoor storage of an automobile upon the subject premises, and a garage as an accessory building is perm itted under the Zoning By-Law). 5. Relief granted hereunder is conditional upon the proposed garage not being ued as an apartment or other additional dwelling unit and not containing any living space. 6. For the reasons and upon the conditions set forth, the BOARD OF APPEALS hereby GRANTS the Applicant relief from Sections 5.1 and 5.3 of the Zoning By-Law by a VARIANCE, by a UNANIt10US vote. Dated: November JO, 1984 ~.;~ Ly le L. Rickard RECEIVED BOARD OF ASSESsORS DEe 0 1 2006 It fJJ I ()o TOWN OF NANTUCKET, MA Town of Nantucket .. Zoning Board of Appeals LIST OF PARTIES IN INTEREST IN THE MA TIER OF THE PETITION OF: PROPERTY OWNER.. $.'~Y~.....................................................,... .'... MAILING ADDRESS.................. ./?(??~.. .~t:'........................................ PROPERTY LOCATION.. ...........If.f...//If./1!~..~.. ASSESSOR MAPIPARCEL.......... :1./.. ./....... .?"!1..:................................ APPLICANT...&?J.~/!!:':.~....P.~/?!!?~..~.~..... 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