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Home My WebLink About109-07 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: Hb.11 ,2008 To: Parties in Interest the BOARD OF APPEALS in and. Others concerned with the Decision of the Application of the following~ -1.- 0:" ::E' , . .- ,.: Application No.: 109-07 -",.. L.;.. .." rr; CD Owner/Applicant: Pamela Cote - - -- -0 N o OJ 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 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. Mic 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. NANTUCKET ZONING BOARD OF APPEALS TWO FAIRGROUNDS ROAD NANTUCKET, MASSACHUSETTS 02554 Assessor's Map 66 Parcel 93 Residen tial- 2 Plan Book 19, Page 109 Book 1084, Page 1 1. At a public hearing of the Nantucket Zoning Board of Appeals on Friday, January 11,2008, at 1:00 P.M., at 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the Application in Zoning Board of Appeals File No. 109-07 of PAMELA COTE of 52 Somerset Road, Nantucket, Massachusetts 02554. 2. The Applicant is seeking relief by Special Permit pursuant to Zoning Bylaw Section 139-33A(9) (reconstruction of pre-existing structure with ground cover in excess of permitted ratio) in order to renovate an existing greenhouse without changing or adding to the ground cover of the original varianced structure. Applicant is also seeking relief pursuant to Special Permit under Zoning Bylaw Section 139-33A (pre-existing nonconforming structures, uses, and lots) to expand the storage area on the second floor of the garage by adding windows and changing the roof height for headroom and storage. The site is located at 52 Somerset Road, is shown on Tax Assessor's Map 66 as Parcel 93, and is shown on Land Court Plan Book 19, Page 109. 3. Our Decision is based upon the Application and accompanying materials, representations and testimony received at our public hearing. The Planning Board made no recommendation finding that the Application did not present any issues of planning concern. No abutter comment was received either in favor of or against the application. 4. Applicant represented that she is planning on demolishing the dilapidated greenhouse and reconstructing it. The Applicant previously received Special Permit and Variance relief for exceeding the allowed ground cover. The reconstruction will not increase the ground cover of the original varianced structure and the footprint would remain. Additionally, the Applicant proposed to expand the storage area on the second floor of the garage. The expansion will include adding windows for light and changing the roof height in order to allow for more headroom and storage. No changes to the footprint or ground cover will be made. The Board found that the change would not be substantially more detrimental than the existing nonconforming use to the neighborhood. 5. Accordingly, by a UNANIMOUS vote (5-0), the Board of Appeals decided to GRANT the requested relief by SPECIAL PERMIT pursuant to Nantucket Zoning Bylaw Section 139-33A(9) to allow the removal and construction of the pre-existing structure with excess ground cover; and Nantucket Zoning Bylaw Section 139-33A to expand the storage area on the second floor of the garage; upon the following conditions: a) Construction will be pursuant to the plans prepared by Nantucket Designworks dated September 10, 2007 and submitted to the Zoning Board of Appeals. b) The renovations will conform to HDC Certificate of Appropriateness Nos. 50940 and 50941. Dated: 141,. II ,2008 ~ COMMONWEALTH OF MASSACHUSETTS ~ Nantucket, ss. February II ,2008 ..1ft - On this 11'- day,OfFe&ary, ~008~'110re me, the undersigned Notary Public, personally appeared t.i~ -111~, Z , who is personally known to me, and who is the person whose name is signed on the preceding or attached document, and who acknowledged to me that he/she signed it voluntarily for its stated purpose. ~~'#H1< Notary Public: ~,,~. MIJIJI"../ My commission expires: ~/;;iI113 2 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKE T, MA 02554 ~ ::u :"71 ----- . ) ,': 1 --i -,. C)~. , . r'.' r','" c::J CJ N ~ ~ 2,: ~ o ~ --- PUBLIC NOTICE A PUBLIC HEARING of the NANTUCKET ZONING BOARD OF APPEALS is scheduled for 1:00 PM January 11, 2008 in the Conference Room at 2 Fairgrounds Road, Nantucket, MA, 02554. The application materials may be reviewed at the Zoning Board of Appeals office at 2 Fairgrounds Road, Nantucket, MA 02554 between the hours of 8:30 AM. and 4:30 P.M., Monday through Friday. Written comments for the January 11, 2008 meeting must be received by 4:30 PM on Wednesday, January 2, 2008 and may be addressed to the Nantucket Zoning Board of Appeals at the above address, faxed to (508) 228-7298, or e-mailed to jbreschenmnantucket- ma.gov PAMELA COTE, FILE NO. 109-07 The applicant is seeking relief by special permit under Zoning Bylaw 139-33A(9) (reconstruction of pre-existing structure with ground cover in excess of permitted ratio) in order to renovate an existing greenhouse without changing or adding to the ground cover of the original varianced structure. Applicant is also seeking relief by special permit under Zoning Bylaw 139-33A (pre- existing nonconforming structures, uses, and lots) to expand the storage area on the second floor of the garage by adding windows and changing the roof height for headroom and storage. The site is located at 52 Somerset Road, is shown on Tax Assessors Map 66 as Parcel 93, and is shown on Land Court Plan Book 19, Page 109. 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile TOWN OF NANTUCKET BOARD OF. APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $300.00 File No. 1D'1"01_ Owner's name(s):-R.('{\.~ Cl~ Mailing address: 5;;L~r'(}~~~-- '\:<~ Phone Number 508 9~/- (') 79 / E-M,;l y;tJfYJ@J rY)MryfXOf ~ · Celm Applicant's name(s): '3(]J\A, (~ Mailing Address: Phone Number::f}--- E-Mail: Locu, Adm"" 5:L:~'fBr" A,,,,"or', Map/P"cd, WW / K~ Land Court Plan/Plan Book & Page/Plan File No.: /Y:tJ/'- r'A I. / Deed Reference/Certificate of Title: (,)/O~Pf? I Zoning District Uses on Lot- Commercial: None-A- Yes (describe) Residential: Number of dwellings ,. Duplex Apartments Date ofStructure(s): all pre-date 7/72 or /9 77'i- Building Permit Numbers:da:J7 - 00711..1 007// O/~ ) (J/f!d I 2J51J(",J Previous Zoning Board Application Numbers: 9 q --o(p 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: ~ ~ CL~QC--~Q),- 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. SIGNATlS~r1Jai Owner* SIGNATURE: Applicant/ Attorney / Agent* *If an Attorney or other 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.:j _/ _ By:_ Fee deposited with Town Treasurer:_/ _/ _ By:_ Waiver requested:_ Granted:_/ _/ _ Hearing notice posted with Town Clerk:_/ _/ _ Mailed:_/ _/ _ I&M_/ _/ _ &_/ _/ _ Hearing(s) held on:_/ _/ _ Opened on :_/ _/_ Continued to:_/ _/ _ Withdrawn:_/ _/ _ Decision Due By:_/ _/ _ Made:_/ _/ _ Filed w/Town Clerk:_/ _/ _ Mailed:_/ _/_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile ADDENDUM FOR ZONING BOARD 52 SOMERSET ROAD PAMELA COTE Applicant is requesting SPECIAL PERMIT relief under zoning by-law 139-33A(9) (Special permit to authorize removal/reconstruction of pre-existing structure with ground cover in excess of permitted ratio). Applicant is proposing to renovate the un-sturdy, dilapidated greenhouse room to a weather-tight room with a second floor. Applicant has taken the utmost care in the design of this renovation not to change or add to the ground cover of the original varianced structure. The footprint will remain unchanged. The present ground cover is approximately 13.7% in a zoning district which allows 12.5%. Applicant is further requesting SPECIAL PERMIT relief under zoning by-law 139-33A (pre-existing non conforming structures, uses and lots). Applicant is proposing to expand the storage area on the second floor of the garage, adding windows for light and changing the roof height for headroom and storage. No changes in the footprint of the structure are proposed. Applicant has previously received variance and Special Permit relief from the Zoning Board of Appeals (099-06).