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HomeMy WebLinkAbout059-00TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: August ~~ ~ 20 00 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 059-00 Owner/Applicant: ROY F. BAILEY AND NANCY V. BARR 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 be given to the Town Clerk so as to be received within such TWENTY (20) days. b Michael J. ' ra, 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 §139-30I (SPECIAL PERMITS); §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. V V. L 1 I G V V V 1 J. J G J V V G 6 V V L V J l lL 1 V A/C ~ V pe V 1. A U LC ~ V r V r H ~,7G V G Assessor's Map 42.3.3 Parce{ 42.2 ROH ZONING BOARS OF A.pPtrALS South @each SG®at Nantucket, MA 02554 158 Vestal Sheet Dead Ref: 36J/318 Plan Fiie 43-D, Unit 2 At a Public Hearing of the ZOfdING HOARD OF APPEALS held at 1:00 P.Ni., Friday, August 11, 2044, in the Conference Room at the Town Bu'stding Annex, 37 Washington Street, Nantucket, Massachusetts, on the Application of ROY F. BAILEY ar-d NANCY V. BARR, 15 Vestal Street, Nantudket, MA 02554, Board of Appeals File No. 059-00, the @oard made the following Decision: 1. Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By- Law Section 139-33A (alteration of epre-existing nonconforming structure/use}. Applicants propose to alter end expand one (1 } of two (2} dwelling urns on the property. The 524 square-foot informing dwelling {Unit 2), located to the r®ar of the property, and the 592 square~oot studio, nonconforrriing as to sideline setback and located in the middle portion of the Lot, era currently connected by an uncovered wooden deck. Applicants propose to add a second floor to this dwelling and add a two -story addition which would inkxease the ground cov®r by about 252 equate feet (total ground cover of renovated dwegirtg would be about 776 square fast). All the work would be done outside elf of the applicable setback requirements and the tout amount of ground cover on the Lot would be under the maximum allowed of about 3,39E3 square feet. To the extent necessary, Applicants are also seeking relief by SPECtAI PERMIT' under Nantucket Zoning Bylaw Section 139-18B {2) and {3) to waive one (1 } of the two (2} required parking spaces. There are currently two {2} "stackQd" parking gperss on the Lot that will have existed in that configuration for many years end will Continue to do so. Relief was originally granted in BOA Fiie Ria. 004-00, which allowed construction of an addition that would have connected the studio and the subject dwelling unit. See also BOA Fiie No. 01fi-92. The Premises is located at 158 VESTAL STREET, Assessor's Map 42.3.3, Parcel 42, Plan l=ife 43-D, Unit 2. The property is zoned Residential-Oid-Historic. 2. The Decision is based upon the Application and materials submitted therewith, and the testimony and evidence introduced at the hearing. There was no recommendation from the Planning Board as the board determined that the matter was not a planning concern. V Vf tlf LVVV 1V. YV JVVLLV VLVJ l7l_1LLCIV Ot l]l_lULCI'1 rl. rMl]L Vl 3. Applican#s, through their attorney, presented plans for the renovations/addition which have been approved by the Historic Districts Commission (Certificate No. 36177). He explained that there was to be no intensification of use, the purpose of the addition is to give Applicants more living space. He explained that Applicants intend to construct an approximately 252 sctuare foot addition to the westerly side of the existing single-family dwelling located to the rear of the locus, making the tote) ground cover of their dwelling unit approximately 776 square feet. They intend to add a second floor over this expanded first floor dwelling; both additions complying with alt applicable ground cover and set-back requirements. The Attorney explained that these renovations and addition were less substantial than those previously approved by the Board in Case No. 004-00. The Attorney explained that inasmuch as this property had been condominiumiZed, it was necessary to obtain the consent of the owners of Unit 1 (Bennetts) prior to undertaking the renovation and that consent has been obtained. As to the parking issue, since there is no intensfircation or change in the nature of the use, the two {2) "stacked" parking spaces which currently exist wilt continue to provide adequate parking for the Premises. This parking configuration was also approved in Board of Appeals Case No. 00400. 4. Therefore, the Board finds that the proposed expansion wilt be in harmony with the general purpose and intent of the Zoning ey-law, will not increase the non- conforming nature of the structure as the additions will meet the set-backs, and the additions will not be substantially more detrimental than the pre-existing non- conformities to the neighborhood. As to the parking relief requested, the Board finds that with the additional ground cover, parking must be calculated as if newly constructed. The Board further finds that the pre-existing toeation of the buildings on the lot make it impossibte to provide additional parking spaces, and the existing two (2) "stacked" parking spaces adequately serve the premises as they have been doing for over thirty (30) years, and relief would be in harmony with the general purpose and intent of the By-law and not contrary to sound traffic and safety considerations. 5. Accordingly, by UNANIMOUS vote, the BOARD GRANTS THE SPECIAL PERMIT under Zoning By-law Section 139-33A, to construct the project as proposed and under Zoning By-law Section 139-186 (2) and (3) waiving one (1) required parking space, upon the following conditions: a. The project is to be completed in substantial conformance with approved Historic Districts Commission Certificate of Appropriateness (File No. 36177, as may be amended; and b. The two (2) "stacked" parking spaces will remain as presently confrgured. c. The addition shall be built in substantial compliance with site plan drawn by Chip Webster & Associates dated tdlay 30, 2000, marked as Exhiibt "A"and attached hereto. VVr Llr LUCIV 1 V. YO JVVL LV VLVJ UL lUUCIV O~ VLl UUCIV rl. f HVG VL Date: ~ ~' ~iECE1VED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 AUG 2 8 2000 TIME: CLERK: ~ '~ 2 S William . Hourihan, Jr. ~~ Mic I Q'ti'lar CMG C~ ancy Sevre s Edward Toole p. N " aren ~~~y~~~~~~~~t~e~a tt . s a !!~ ~,~_ ~~~~5~~~~~ ~~~~~ ~~ ~~r = ~~ ~ ~ ~ ~ a D Z ~~ ~~ ~~~~g~ O O ~ qq O O i ~~d ~ O ° ~ " O O i 1 ~-rx~ ~~ F--rx I ~! ---- ~ o°oY ~ ~ 1 o :, x . ~ ~ T Ct~ i ~lx•--~ +y FrF I-rx-~ K ® 1 R f-sx~ i lx ®~ 4 (~ H BAILEY COTTAGE „ ~ -. - - ~ WINDOW/DOOR' mSCHEDULE ~ '`~~ ~M TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the Nantucket Zoning Board of Appeals will be held at 1:00 P.M., FRIDAY, AUGUST 11, 2000, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: ROY F. BAILEY AND NANCY V. BARR BOARD OF APPEALS FILE NO. 059-00 Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw Section 139- 33A (alteration/expansion of apre-existing nonconforiming structure/use). Applicants propose to alter and expand one (1) of two (2) dwelling units on the property. The about 524 square-foot conforming dwelling (Unit 2), located to the rear of the property, and the about 592 square-foot studio, nonconforming as to sideline setback and located in the middle portion of the Lot, are currently connected by an uncovered wooden deck. Applicants propose to add a second floor to this dwelling and add atwo-story addition which would increase the ground cover by about 252 square feet (total ground cover of renovated dwelling would be about 776 square feet). All the work would be done outside all of the applicable setback requirements and the total amount of ground cover on the Lot would be under the maximum allowed of about 3,390 square feet. To the extent necessary, Applicants are also seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw Section 139-18B (2) and (3) to waive one (1) of the two (2) required parking spaces. There are currently two (2} "stacked" parking spaces on the Lot that will have existed in that configuration for many years and will continue to do so. Relief was originally granted in BOA File No. 004-00, which allowed construction of an addition that would have connected the studio and the subject dwelling unit. See also BOA File No. 016-92. The Premises is located at 15B VESTAL STREET, Assessor's Map 42.3.3, Parce142, Plan File 43-D, Unit 2. The property is zoned Residential-Old-Ifistoric. l G Michael J. O'Mara, THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. Addendum "A" Applicants, Roy F. Bailey and Nancy V. Barr, are seeking relief by Special Permit under Nantucket Zoning By-law Chapter 139, Section 33A (Alteration of a pre- existing non-conforming structure/use). Applicants propose to alter and expand one of the two dwelling units on the property. The 524 square foot conforming dwelling (Unit 2), located to the rear of the property, and the 5921 square foot studio, non-conforming as to sideline setback and located in the middle portion of the lot, are currently connected by an uncovered wooden deck. Applicants propose to add a second floor to this dwelling and add atwo-story addition which will increase the ground cover by 252 square feet (total ground cover of renovated dwelling will be 776 square feet). All the work will be done outside all applicable setbacks so there will be no increase in the nonconforming nature of the structures on the lot. (See plans drawn by Chip Webster and Associates, dated May 30, 2000.) When completed, the total ground coverage of all structures on the lot will comply with the Zoning Bylaw having 2,6901 square feet of coverage, and the total allowed is 3,390 square feet. Applicants are also seeking relief by Special Permit under Chapter 139, Section 186 (2) and (3) waiving one (1) parking space. There are currently two (2) °stacked" parking spaces on the lot that will remain unchanged. F:1Aatlw Gi~~BIVLEY, ROV F1zba app1.8.00.doc ' 1. ~~~. BoA Form 1-89 NANTIICRET ZONING BOARD OF APPEALS TOWN AND COUNTY nl7ILDINC3 .Data, NANTIICRET, MA 0255d CASE No .CC~L-•-- APPLICATION FOR RELIEF Owner' s name (s) -Roy F. Bailey and Nancy V. Barr Mailing address: .'15 Vestal Street, Nantucket, MA 02554 Applicant' s natae : Same Mailing address: Same Location of lot: Assessor's ma and 42.33 042 p parcel number Street address ; 15B Vestal Street Book Registry Land Ct Plan, Plan Bk b Pg or Plan 3~X 43-D ~t Unit 2 Date lot acquired : 8 9 91 deed Ref 364 318 ~~_ _ Zoning district R-OH Uses on lot - commercial:' None or art studio MCD? - number of: dwellings 2 duplex apartments rental rooms / 9uilding date(s): all pre-8/72? X or C of 0? / Building Permit appl'n. Nos. Case Nos. all BoA applications, lawsuits; (016=92);'(004-00) state fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grounds xou urge for BoA to make each finding per Section !~9-32A iP Variance, 139-:~A iP a Special Permit (and 139-33A _ if *.o alter or extend a nor~con~'orming use) IP appeal per 139-3~A & B _ attach decision or order appealed. OK to attach addendum . RECEIVED See attached Addendum "A„ TOWN CLERK'S OFFICE NANTUCKET, MA 02554 J U L 2 ~ 2000 ~-nv~:~:___~iy U ~ this property within the Public Wellhead Recharge District? Yes No ?terns enclosed as part of this Application: orderl addendum2 Locus map Site plan showing present +planne~ structures Floor plans present proposed elevations (HDC approved?_) Listings lot area ~ronta~Je setbacks GCR parking data Assessor-certified addressee. Mist 4 sets ma~l ni g labels 2 sets- ~200 fee payable to To;;n of Nantucket proof 'cap' covenant -(If an appeal, ask Town Clerk to sen3 Bldg Comr s record to BoA~ I certify that the re stew information submitted is substantially complete and true to e best of my knowledge, under the pains and penalties of perjur ,~-~_, SIGNATURE: ~ Applicant Attorney/agent 3(IP not owner or owner's attorney, enclose proof of authority) FOR Bpi OFFICE USE ,~-~~,,1 Application copies recd: 4_/_ or for oA on ~ ~(XJ by One co filed with Town Clerk on ~ b complete. pY ~_/~C1 Y One copy each to Planning Bd and Building Dept~~ - b 5200 fee check given Town r.easurer on~~ by aived?~ Hearing notice posted mailed _ - Y b 1~G_!~, Hearing(s) on_/~_ cont'~~ to~~_, _/_/_ withdrawn?_/~_, Decision due by,_/_/_ made~_/_, filed TC~_/_ mailed~,~~ See related cases lawsuits other ~~~.. -. ,., VV . /C~ ~dsaG i ., -~~ ~ `. 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