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HomeMy WebLinkAbout051-02 -- TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: ~~/)'1htt:3, 20 02- To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 0 $/-Od-- Owner/Applicant: f6 '( 11f1llrf B - Urhan and ::Toeelet" SC'\Yv,POi uY!oon 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 ~jtiven to the Town Clerk so as to be received within such ~~TY qa (20) days. Z,. , f}(OM ~<~J ~ ,tIOM~.re~ / Chairman "" -;0 m () ;11 -~ i-~l c---:; 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. NANTUCKE T ZONING BOARD OF APPEALS 1 East Chestnut Street Nantucket, Massachusetts 02554 Assessor's Map 30, Parcel 62 51 Cliff Road Residential-l Land shown on Plan Book 9, Page 6 (less portion taken for roadway) Deed, Book 698, Page 67 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, July 12, 2002, at 1:00 P.M., in the Conference Room, in the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the following Decision on the Application of RICHARD B. URBAN and JOCELYN SANDOR URBAN, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 051-02: 2. The Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law ~139-33.A(4) and (5) (alteration or extension of a pre-existing, nonconforming structure). The Applicants propose to alter their pre-existing, nonconforming single-family dwelling, by placing a new foundation under it and increasing the height of the structure, without increasing the ground cover ratio. The alterations, which would affect the nonconforming portions of the structure, consist of the upward extension of the rear northwesterly portion of the dwelling within the side yard setback area measured from the line of Cabot Lane, and the replacement and reconfiguration of the front steps to accommodate the increased height, by extending the nonconforming steps laterally, partially wi thin the front yard setback area, without coming any closer to the front yard lot line along Cliff Road than the existing stairs. The maximum ridge height of the dwelling would be raised by about two feet to about 23 feet above grade at the highest point, less than the maximum height allowed of 30 feet under the Zoning By-law. All other changes will be made outside the setback areas and will not alter the existing footprint. The subject property (the "Locus") is nonconforming as to lot area, containing about 3,905 square feet in a zoning district in which minimum area is 5,000 square feet; as to ground cover, with the existing structures upon the Locus having a ground cover ratio of about 33.8%, with the maximum ground cover ratio allowed being 30%; as to side yard setback, with the dwelling being sited about one foot from the northwesterly side lot line at its closest point, the minimum side yard setback in this zoning district being five feet; and as to front yard setback, with the dwelling being sited about 8.8 feet from the front lot line along Cliff Road at the closest point, with minimum front yard setback in this district being ten feet. The garage structure, not proposed to be altered under the present Application, is nonconforming as to side and rear yard setbacks, being sited at about 1.1 feet from Cabot Lane at the closest point and at about 3.7 feet from the rear lot line at the closest point, with minimum side and rear yard setbacks in this 1 district being five feet. The Locus is situated at 51 CLIFF ROAD, Assessor's Map 30, Parcel 62, is the land shown upon plan recorded with Nantucket Deeds in Plan Book 9, Page 6 (less a portion taken for a roadway), and is situated in a Residential-l zoning district. 3. Our Decision is based upon the Application and accompanying materials, and representations and testimony received at our public hearing. There was no Planning Board recommendation, on the basis that there was no matter of planning concern. There was one letter in opposition presented at the public hearing; from the context and references in the letter, it was apparent that the neighbor who sent the letter was referring to ? ftifferent parcel and his comments were not relevant to this Application. 4. Applicants represented, through counsel, that the proposal before the Board of Appeals under this Application was to place a new foundation under the historic house upon the Locus, and to raise the roof ridge line of a portion of the roof from about 21.1 to about 23 feet at its highest. The building footprint would not be changed, and the overall height of the dwelling above mean grade would continue to conform to the zoning requirement. Because of the new foundation, the front steps would be altered to form a double, "friendship" stair, to accommodate the additional height without increasing (and in this case, actually, reducing) the front yard setback nonconformity. The front yard setback of the existing steps, now about 8.8 feet, would become about 9.6 feet with the reconstruction of a different configuration of steps, thus reducing the nonconformity. 5. Based upon the foregoing, by a UNANIMOUS vote, the Board of Appeals made the findings that the dwelling upon the Locus pre-existed the 1972 enactment of the Nantucket Zoning By-law in its present configuration; that the proposed alteration, though increasing the massing wi thin the setback areas as to height while reducing the front yard setback nonconformity, would not be substantially more detrimental to the neighborhood than the existing nonconformities, and that the proposed changes would not create any new nonconformity. 6. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested SPECIAL PERMIT relief under ~139-33.A(4) and (5), to allow the alteration of the existing dwelling upon the Locus as proposed; subject to the following conditions: (a) No exterior construction related to this proj ect upon the Locus shall be conducted between June 1 and September 15 in any year; (b) No change in ground cover on the Locus shall be permi tted without further relief being issued by the Board of Appeals; and 2 (c) The new front steps shall be sited no closer to the front yard lot line than 9.6 feet and the height of the structure shall not exceed about 23 feet after completion of the project without further relief from this Board. Dated: ~~mbef~3 , 2002 3 TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE A Public Hearing ofthe NANTUCKET ZONING BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, JULY 12, 2002, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: RICHARD B. URBAN AND JOCELYN SANDOR URBAN BOARD OF APPEALS FILE NO. 051-02 Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-Law Sections 139-33A (alteration/extension of a pre-existing nonconforming structure/use). Applicants propose to alter their pre-existing, nonconforming single-family dwelling, by placing a new foundation under it and increasing the height of the structure and without increasing the ground cover ratio. The alterations, which will affect the setback nonconformities, consist of the upward extension of the rear northwesterly portion of the dwelling within the side yard setback area measured from the side yard lot line of Cabot Lane, and the replacement and reconfiguration of the front steps to accommodate the increased height, which would extend the nonconforming steps laterally, particularly within the front yard setback area without coming any closer to the front yard setback area than the existing stairs. The maximum ridge height of the dwelling would be raised about two feet to about 23 feet at the highest point, under the maximum allowed of 30 feet. All other changes will be made outside the required setback areas and will not alter the existing ground cover ratio or footprint. The Locus is nonconforming as to lot size with the Lot containing about 3,905 square feet of area in a district that requires a minimum lot size of 5,000 square feet~ as to ground cover ratio, with the Locus containing about 33.8% with 30% being the maximum allowed; with the dwelling being sited as close as about one foot from the northwesterly side yard lot line in a district that requires a minimum side yard setback of five feet~ and as to front yard setback with the dwelling being sited as close as about 8.8 feet from the front yard lot line in a district that requires a minimum front yard setback of ten feet. The garage structure, not proposed to be altered under this Application, is nonconforming as to side yard setback with the structure being sited as close as about 1.1 feet from the northwesterly lot line along Cabot Lane and as close as about 3.7 feet from the rear yard lot line in a district that requires a minimum rear yard setback of five feet. The Premises is located at 51 CLIFF ROAD, Assessor's Map 30, Parcel 62, Plan Book 9, Page 6 (less portion taken for road). The property is zoned Reside . -1. THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER AL TERNA TIVE FORMATS. PLEASE CALL (508) 228-7215 FOR FURTHER INFORMATION. BOA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS June 5. 2002 37 WASHINGTON STREET Date NANTUCKET, MASSACHUSETTS 02554 ~,-I CASE No. ~ APPLICATION FOR RELIEF Owner's name(s): Richard B. Urban and Jocelvn Sandor Urban Mailing address: clo Reade. Gullicksen. Hanlev & Gifford. LLP Applicant's name: Same Mailing address: P.O. Box 2669. Nantucket. Massachusetts 02584 Location of lot: Assessor's map and parcel number lQ-62 Street address: 51 Cliff Road Registry L~nd ~t Plan, Plan Book 9, Page 6 (less portion taken for road) Date lot acquired: ~/~/Q1 Deed Ref 698/22 Zoning district R-1 Uses on lot - commercial: None ~ or MCD? - number of: dwellings ~ duplex __ apartments __ rental rooms Building date(s): all pre-8/72? ~ or _____ C of O? ~ Building Permit appl'n Nos. 4526-85; 10507-93 Case Nos. all BoA applications, lawsuits: 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 (and 139-33A ~ if to alter or extend a nonconforming use) If appeal per 139-31A & B __' attach decision or order' appealed. OK to attach addendum2 See attached addendum. Items enclosed as part of this Application: order'__ addendum2 ~ Locus map ~ Site plan ~ showing present ~ + planned ~ structures Floor plans present __ proposed __ elevations __(HDC approved? __) Listing lot area ~ frontage ~ setbacks ~ GCR ~ parking data ~ Assessor-certified addressee list 4 sets ~ mailing labels 2 sets ~ $200 fee payable to Town of Nantucket ~ proof' 'cap' covenant __ '(If an appeal, ask Town Clerk to send Bldg Comr's record to BOA.) I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of pe..1tZt /1~ /1. SIGNATURE: ~ ~ Applicant __ Attorney/agent ~ '(If not owner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE Application copies rec'd: ~r . ~r~oA on - /~U;~y ~11I~ One copy filed with Town Clerk on ~/~~~bY ---complete~/ One copy each to Planning Bd and BJnding DU~ ~ by d!JlLU $200 fee check given Town Treasurer on LiL~l by )waived? ___ Hearing notice postedw-/2.JWmailed 0.72i1 & M / Y("Jl...- 2/5...t::i.2- Hearing(s) on __/__/__ cont'd to / / __/__/__ withdrawn? __1__1__ Decision due by __/__/__ made __/__/__ filed TC /__/__ mailed __/__/__ See related cases lawsuits other F',\WpU-Z\Urban\ZBA APP.doc ~- c~ ~ , :-r1 ...... ~ :::c ~ c::= :z: t* :::g N ~ - '~;J ADDENDUM TO APPLICATION OF RICHARD B.URBAN AND JOCELYN SANDOR URBAN The applicants propose to alter their pre-existing, nonconforming single-family dwelling, by placing a new foundation under it and increasing the height of the structure, without exceeding the maximum elevation above mean grade permitted under the Nantucket Zoning By-law, and without increase in ground cover. The locus is nonconforming as to lot size, having area of about 3,905 square feet, with 5,000 square feet being the minimum required in the R-l zoning district; and as to ground cover ratio, having ground cover of about 1,322 square feet (dwelling of about 1,091 square feet and garage of about 231 square feet), for a ratio of about 33.85%, with 30% being the maximum permitted for an undersized lot of record. The dwelling upon the locus is nonconforming as to northwesterly side yard setback, being sited at about 1.0 foot from the line of Cabot Lane at its closest point, with a minimum of 5 feet required; and as to front yard setback, with the front steps of the dwelling being sited at about 8.8 feet at the closest point, with 10 feet being the minimum required. The garage upon the locus, which is not proposed to be altered under this application, is nonconforming as to northwesterly side yard setback, being sited at about 1.1 feet from Cabot Lane at its closest point, and as to northerly rear yard setback, being sited at about 3.7 feet from the property line at its closest point. The alterations proposed by the applicants which will affect the setback nonconformities consist of the upward extension of the northwesterly portion of the dwelling within the side yard setback area measured from the line of Cabot Lane, and the replacement and reconf iguration of the front steps to accommodate the increased height, which will extend the nonconforming steps laterally, partially within the front yard setback area, while increasing front yard setback from about 8.8 feet to about 9.6 feet at the closest point. All other changes will be made outside the required setback areas and will not alter the existing ground cover ratio or footprint. Accordingly, the applicants request relief by Special Permit under Nantucket Zoning By-law ~139-33_A(4) and (5), for the alteration of their pre-existing, dimensionally nonconforming structure, without making any setback or other nonconforming dimension more nonconforming and without creating any new nonconformity. F,\WpU-Z\Urban\ZBA ADD.doc tll~ 8d~ 11;r; ~-I ~~II I., ~ i ~t:t:t:M ~ 1S!~Itl~ ~ ~~II; I: 9~!l ~ II iiil; ~ '";" ".....~ -:;';'" - --- ~~t,?, . . / '~ rJ ~"~ I \.9 ~ ~ ~~ ~ H I:!l ~ ~ ~ ~ ~ ~o ~ ~ ~ p ~ t!i~. ~ !l5 ~ ~ ~ ~ 1~~ I <:s !-;' ~ : lil ~ ~ h~~~~ ~ - ~ ~ ii!'1Jl . ~ ~1~B!~' ,",' ;:s I ~ ~ ~ , ~ ~~ . ...... ~ lj..~. .~ ~ ~ ~ ii~" 1;3 ~ il~ '~ - I ~~! ~ i I I Ie... i~ ., ..- '" ~ ~ ~ ;::$ \3 ~ ~p..."). ~~ or ~ ~ <?'o~ ~s ~ ~ I;~ ~i II '" ill . . 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L ~ ...... ~ BoA Form 2-89 & NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 ASSESSOR'S'LIST OF PARTIES IN INTEREST (2 'I ck.-a9 d JDcd't"' U( b "'v1 APPLICANT FOR RELIEF (SAME? _): C/o il6HG SO}} Z lS'3/lt"> ADDRESS OF PROPERTY: ::; I (fA .ff (2c'r~{) ASSESSOR'S MAP - PARCEL: .:30 - 02-. PROPERTY OWNER: (6' c WI J ~C<:.e~ or u' ~ * * LIST OF PARTIES INCLUDING ADDRESSES*(OR SEE ATTACHED ) : RECEIVED BOARD OF ASSESSORS MAY 2 1 2002 TOWN OF NANTUCKET, MA I certify that the foregoing (or the attached ) lists \ -. all persons, natural or legal, ~ho are owners of abuttlng 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)J. if (!z).( ~ ~ d tmd-- Date ~~~ Assessor, Town 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. 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