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Home My WebLink About091-07 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: , 2007 October 26 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: s 091-07 Owner/Applicant: Frank J. Rovinski ~..,." oi,: :IE:'. .... % ('"'" n..... r- m.... OF APPEALS which h~i,this Nantucket Town cleri. ~ N U1 .. ~ <: , - Enclosed is the Decision of the BOARD day been filed with the office of the 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 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\ day.s. . O~~ Mi ael J. O'Mara, Chairman 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 508-228-7215. :;:0 n1 \'\'1 ...r "- Pl o TOWN OF NANTUCKET BOARD OF APPEALS 2 Fairgrounds Road NANTUCKET, MA02554 Decision: Denial of Special Permit Assessor's Map 73.4.2, Parcel 74 21 New Street Sconset Residential - 1 Book 1022, Page 346 1. At a public hearing of the Nantucket Zoning Board of Appeals held on Friday, October 19, 2007, at 1 :00 PM in the Conference Room at 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the Application of FRANK J. ROVlNSKI of21 New Street, Siasconset, (the "Owner/Applicant") c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, Board of Appeals File No. 091-07. 2. The Applicant proposed to alter and extend an existing nonconforming dwelling through the issuance of a special permit pursuant to Zoning Bylaw Section 139-33 for pre-existing nonconforming uses, structures and lots. The Applicant requested a Special Permit for the proposed renovation of the structure on site which included work within the side-yard setback where five (5) feet is required and existing is four (4) feet at its closest point. The work included installing a basement, extending a front porch forward by three (3) feet and raising the roof height to bring the second floor ceiling height into compliance with the Building Code. The proposed renovations, when completed, would come no closer to the side-yard lot line and would meet all other intensity requirements. The site is located at 21 New Street in Siasconset. 3. The Applicant's counsel presented the project proposal explaining in detail the work that would take place on site and how the nonconformity would not be furthered. After discussion between all the Board members and Applicant's counsel, the Board noted that since the structure would be lifted off of the existing foundation to install the proposed basement, there would be an opportunity to bring the structure into zoning compliance with regard to the required five (5) foot side yard setback. The Board members asserted that they consistently look for opportunities to bring properties into compliance with the Zoning Bylaw when applications are brought before them. Applicant's counsel indicated that the applicant would not be interested in moving the entire structure and wanted to leave options for additional construction within the opposite side yard which currently has a sixteen (16) foot setback. 4. The Board's decision was based upon the Application and accompanying materials, and representations and testimony received at the public hearing. The Planning Board made no recommendation, finding that the Application did not present any issues of planning concern. The Zoning Board of Appeals considered the location of the existing structure, its encroachment into the five (5) foot sideyard setback and 2 Fairgrounds Road Nantucket 508-228-7233 telephone Massachusetts 508-228-7298 facsimile 02554 requested the applicant re-align the structure so that the existing encroachment was eliminated resulting in the structure situated on the lot in a more conforming manner. 5. The Board found that the proposal would in fact be substantially more detrimental to the neighborhood than the existing nonconformity and that the extension of the structure would result in the non-conforming distance being made more nonconforming and therefore did not find in favor of the proposal. The arguments made by the Applicant's counsel were not persuasive. Upon a motion duly made by Koseatac and seconded by Wiley to approve the Application, the Board voted none in favor and five opposed (O'Mara, Wiley, Tupper, Botticelli, Koseatac). Therefore, the relief sought was DENIED. i 11 \;A^ '.J f , Y \ .~. :"""\)l.- " .~----'" '-...\.,I COMMONWEALTH OF MASSACHUSETTS Nantucket, SS fl{l{JL~ f ,2007 I day of fll2Ut.tMh-vU, 2007, before me, the undersigned notary public, On the personally appeared , one ofthe above-named members of the Zoning Board of Appeals of Nantucket, Massachusetts ersonally known to me to be the person whose name is signed on the preceding document, and acknowledged that he/she signed the foregoing instrument voluntarily for the purposes therein expressed. McwjwpJ Notary Public ~ LESUE ERIN WOODSON Notary Public ~t ,. Commonwealth 01 Massach~setts My Commission Expires .2011 My Commission Expires 2 Fairgrounds Road Nantucket 508-228-7233 telephone Massachusetts 508-228-7298 facsimile 02554 -f2. 01; .:~ :z: ::':"" ('")C r-C ,.." ::~ A PUBLIC HEARING of the NANTUCKET ZONING BOARD OF ~EALS if: scheduled for 1:00 PM in the Conference Room at 2 Fairgrounds Road, Nantucket, MA,(:) 02554. The application materials for the below referenced application may be reviewed aNhe Zoning Board of Appeals office at 2 Fairgrounds Road, Nantucket, MA 02554 between the hours of 8:30 A.M. and 4:30 P.M., Monday through Friday. Written comments for the October 19, 2007 meeting must be received by 4:30 PM on Wednesday, October 10,2007 and may be addressed to the Nantucket Zoning Board of Appeals at the above address, faxed to (508) 228-7298, or e-mailed to tbroadrick@nantucket-ma.gov . TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 ~ :.u NOTICE c:::::l C'? --l ~'T~ - 0\ FRANK]. ROVINSKI, FILE NO. 091-07 The applicant is proposing to alter and extend an existing nonconforming dwelling through the issuance of a special permit pursuant to Zoning Bylaw section 139-33 for preexisting, nonconforming uses, structures, and lots. The site is located at 21 New Street in Siasconset. The property is shown on Nantucket Tax Assessors Map 73.4.2 as Parcel 74 and in Nantucket Registry of Deeds Book 1022, Page 346. l'lAPill ULlU1..1 LU1~1l~lj lSUAKU UJ1 At't'EAL(s 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 CASE NO. oq I .... 01 FEE: $300.00 APPLICATION FOR RELIEF 0\ r's name(s):_Frank J. Rovinski Mailing address:_c/o Reade, Gullicksen, Hanley & Gifford, LLP, PO Box 2669, Nantucket, Ma 02584 Applicant's name(s):_same Mailing address: same Locus address:_ 21 New Street, Siasconset Assessor's Map/Parcel:_73.4.2 - 074_ Land Court Plan/Plan Book & Page/Plan File No.:_ Lot No.: Date lot acquired:_5_1_22_1_06_ Deed Ref.:_Book 1022 Page 346_Zoning District:_SR-1 Uses on Lot - Commercial: None_ Yes (describe) Residential: Number of dwellings_1_ Duplex_ Apartments~Rental Rooms Building Date(s): All pre-date 7172?_yes_ or C ofO(s)? Building Permit Nos:_11519-94 kitchen renovation ~ ::0 --~ '~;o.~ ~ ~.. ~ !~~; 2:-' '-1 State below or on a separate addendum specific relief sought (Special Permit, Varia~~~fAppe~, Sectio!! of the Zoning By-law, and supporting details, grounds for grant of relief, listing any existig.g nonoanformi~s: -...:::r . I N ~~l Ar-- ':eant requests a Special Permit pursuant to ~139-33 of the by-law to alter and extend an eBting' no llforming dwelling. Required sideyard setback is 5 feet; existing sideyard setback is approximately 4 feet from lot line at its closest point. Applicant's proposed renovation includes the following work within the setback: installing basement, extending front porch forward about 3 feet, and raising roof height to bring second floor ceiling height into compliance with code. The Premises, as renovated will come no closer to the sideyard line, and will meet all other intensity requirements. Previous Zoning Board Application Nos.: I certify that the in~ mation contained h rein is substantially complete and true to the best of my knowledge, unde .e pains and penalti of perj y. SIGNATURE: ; Applicant Attorney/Agent_x_ (If not owner or owner's attorney, pIe se enclose pro f f agency to bring this matter before the Board) FOR ZBA OFFICE USE Application received on:~_I_ By: Complete: Need copies?: Filed with Town Clerk:~_I_ Planning Board:_/~_ Building Dept.:~~_ By: Fee deposited with Town Treasurer:_I_I_ By: Waiver requested?:_Granted:_I_I_ Hearing notice posted with Town Clerk:_I_I_ Mailed:_I_I_ I&M:_I_I_ & _1_1_ Hearing(s) held on:~_I_ Opened on:~_I_ Continued to:_I_I_ Withdrawn?:_I_I_ DECISION DUE BY: 1 1 Made: 1 1 Filed wiT own Clerk: 1 1 Mailed: 1 1 --- --- --- --- Dl. _~ION APPEALED?: 1 1 SUPERIOR COURT: LAND COURT Form 4/03/03 --- 73.4.2-113 N/F L.L. GOULD & S.H. GAYNER 65 '(DEED) CURRENT ZONING CLASSIFICATION: Residential 1 (SR-1) EXISTING: ~IMUM LOT SIZE: . ~UM FRONTAGE: , T YARD SETBACK: RLr\~/SIDE SETBACK: GROUND COVER % : 5000 S.F. 50 FT. 10 FT. 5 FT. 30 % . QV~~ .7,QOP. S.F. . S~E. fL.AN. . . S~E. fL.AN. . . SE;E. fL.AN. . . $~E. fL.AN. . ;463 ~ I 73.4.2-76 x 246tfJ/F GEORGE A. VOLLANS 73.4.2-77 N/F RICHARD DUNCAN .-H ~ ..... :HI ~I 65':t:(DEED) I (INDETERMINATE ,.., NO PLAN) 73.4.2-71 N/F SIASCONSET CASINO ASSOCIATION, INC. '\ ...... i .-H ~ ..... 73.4.2-73 N/F JOY WRIGLEY OTIS -16'1:- o ''So ~ 'i- I 0 I ''So .~ I -- HEir o.H.w. -- STREffT MORTGAGE PLOT PLAN OF LAND IN NANTUCKET, MASS. TO: . . . . . . .Ht-8RJ5. f3.1N.K, t-J.f'... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . AND NO OTHERS. I CERTIFY. TO THE BEST Of I.fY KNOWLEDGE, THAT THE PREUISES SHOWN ARE LOCATED IN flOOD HAZARD ZONE: . . . X . . . DEUNfATED ON f.I;R..... / CO"'UUNITY PANEL NUUBER: 250230-~D. BY THE fEDERAL EUERGENCY LlANAGEUENT AGENCY. EffECTIVE DATE Of I.lAPS: JUNE 3, 1986 AND /IS PERIODiCAllY REVISED. THIS INSPECTION PLAN W/IS PREPARED fOR "'ORTGAGE PURPOSES ONLY AND IS NOT TO BE CONSIDERED A FULL INSTRUUENT SURVEY. THIS PLAN SHOULD NOT BE USED TO ESTABUSH PROPERTY lINES. FENCES, HEDGES OR Nf( ANCIlLARY STRUCTURES ON THE PREMISES. THE PROPERTY UNES SHOWN RELY ON CURRENT DEEDS AND PLANS Of RECORD. ~ INSPECTION PLAN IS NOT A CERTIfICATION /IS TO THE TITLE OR CHARLES Jr. HART and ASSOCIATES, , ~IP Of THE PROPERTY SHOWN. OWNERS Of ADJOINING PROPERTIES Professional Land Surveyors 1WN ACCORDING TO CURRENT TOWN Of NANTUCKET ASSESSOR 49 SPARKS A VENUE ~r.:. t'~ SHAlL NOT BE USED fOR Nf( OTHER PURPOSE OTHER THAN NANTUCKET. MASS. 02554 ITS INTENDED USE STATED ABOVE. (508) 228-8910 SCALE: 1-= 20' DATE: APRIL 10, 2006 Owner: . . . . f:J-4NPY.o, ~QN.G~E!. . . . . .. . . . . 451-172 DeedjCert.: . . F.1:- !2.B.. Pion: . N.Of:l~ f<?tJ.NP. . Tox Map: .7:}..4..2~!4. Locus: .#.2J .N.Ew.SrrrEff . . Inc. Hart & AssQciotes Inc. 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