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.
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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.
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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.
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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
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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
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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.
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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
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APPROVED
You are reminded that no work
may dif j`er from yow filed
specifications without prior
approval of the Comrnisrio,kt
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