HomeMy WebLinkAbout076-98TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: December ~ ~ 19 98
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.:
Owner/Applicant:
076-98
JOSEPH M. QUIGLEY AND JUDITH A. QUIGLEY
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.
r~
a~
William P. Houri anChairman (Vice)
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.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
Assessor's Map 29 20 Willard Street
Parcel 78 Plan Book 19, Page 23
R-1 Lot 3, Deed Ref. 257/132
At a Public Hearing of the Zoning Board of Appeals held at 1:00
P.M., Friday, August 14, 1998, in the Conference Room, Town Annex
Building, 37 Washington Street, Nantucket, Massachusetts, on the
Application of JOSEPH M. QUIGLEY AND JUDITH A. QUIGLEY, of 80 Cliffside
Drive, Plymouth, MA 02360, Board of Appeals File No. 076-98, the Board
made the following Decision:
1. Applicants are seeking a MODIFICATION of a DECISION issued in
Board of Appeals File No. 065-86, as amended in BOA File No. 082-94.
Applicants propose to add a second floor sitting room and bathroom
above the existing kitchen, increasing the height of part of the
structure but not increasing the ground cover ratio. The Locus is
nonconforming as to lot area, having an area of 1,781+ square feet, in
a district that requires a minimum lot size of 5,000 square feet; as to
frontage, with the Lot having a frontage of 38.64+ feet in a district
that requires a minimum frontage of 50 feet; and as to ground cover,
with the Lot containing a ground cover of 572+ square feet, with a
ground cover ratio of 32.1+/, in a district that allows a maximum
ground cover ratio of 30/ for undersized lots.
The Premises is located at 30 WILLARD STREET, Unit No. 3,
Assessor's Map 29, Parcel 78, Plan Book 19, Page 23, Lot 3. The
property is zoned Residential-1.
2. The Decision is based upon the Application and materials
submitted with it and the testimony and evidence presented at the
Hearing. There was no opposition to the Application on file and none
expressed at the Public Hearing. The Planning Board made no
recommendation as the matter was not of planning concern.
3. Applicants, through counsel, represented that the proposed
second-floor addition would not increase the existing ground cover
ratio of the single-family dwelling nor increase the intensity of use
as the new space would be used to add a new bathroom and sitting room
above the existing kitchen, thereby increasing the height of that
portion of the structure. In June of 1986, this Board granted a
Variance, in BOA File No. 065-86, curing a technical defect in title
arising out of the subdivision of one (1) parcel into three (3)
nonconforming lots with pre-existing dwellings on each, one (1) of
which is the Quigley Lot. Paragraph 5 of the Board's Decision, with
respect to the Variance, states that "any expansion or extension of
either of the existing structures by an increase in height or ground
cover require relief from. the Board of Appeals." In December of 1994,
the Board modified the Variance to allow the raising of the dwelling's
roof ridge to convert the one (1) story cottage to a one and one-half
story dwelling in BOA File No. 082-94.
4. Therefore, based upon the foregoing, the Board finds that the
grant of the requested MODIFICATION of the VARIANCE issued in BOA File
No. 065-86, as amended in BOA File No. 082-94, is warranted as the
standard required for granting a Variance has been met in prior Board
Decisions affecting the subject Premises, and the Board hereby supports
and validates those findings, and finds that the proposed second-floor
addition is in harmony with the general purpose and intent of the
Zoning By-Law with said addition not increasing the existing ground
cover ratio nor intensity of use of the Property.
5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested
MODIFICATION of the Decision issued in BOA File No. 065-86, as amended
in BOA File No. 082-94, to allow the construction of a second-floor
addition as proposed, subject to the following conditions (which
incorporates the conditions from the previous Decisions):
a. The ridge height of the dwelling, after the proposed
construction, shall not exceed a height of twenty-two feet six inches
(22'6");
b. The proposed second-floor addition requested in this
Decision shall be constructed in substantial conformance with plans
approved by the Historic District Commission in Certificate of
Appropriateness No. 31,444;
c. There shall be no exterior construction activities between
June 1 and September 1 of any given year as it relates to this project;
and
d. No further expansion of the structure on the subject Lot
shall be permitted without further relief from this Board.
Dated: December JQ 1998
Linda F. Wi iams
Nancy Sevr ns
RECEIVED
TOWN CLERK'S OFFICE
NANTUCKET, MA 02554
DEC 1 0 1998
-TIME:_ ~3'.~-}~S arm..
~SS~.
CLERK: ~~
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
A Public Hearing of the Nantucket Zoning Board of Appeals will be
held at 1:00 P.M., FRIDAY, AUGUST 14, 1998, in the CONFERENCE ROOM, TOWN
ANNEX BUILDING, 37 WASHINGTON STREET, Nantucket, Massachusetts, on the
Application of the following:
JOSEPH M. QUIGLEY AND JUDITH QUIGLEY
BOARD OF APPEALS FILE N0. 076-98:
Applicants are seeking a MODIFICATION of a DECISION issued in
Board of Appeals File No. 065-86, as amended in BOA File No. 082-94.
Applicants propose to add a second floor sitting room and bathroom above
the existing kitchen, increasing the height of part of the structure but
not increasing the ground cover ratio. The Locus is non-conforming as to
lot area, having an area of 1,781+ square feet in a district that
requires a minimum lot size of 5,000 square feet; as to frontage, with
the Lot having a frontage of 38.64+ feet in a district that requires a
minimum frontage of 50 feet; and as to ground cover, with the Lot
containing a ground cover of .572+ square feet, with a ground cover ratio
of 32.1+~, in a district that allows a maximum ground cover ratio of 30%
for undersized lots.
The Premises is located at 20 WILLARD STREET, Assessor's Map 29,
Parcel 78, Plan Book 19, Page 23, Lot 3. The property is zoned
Residential-1.
Dale W. Waine, Chairman
THIS NOTICE IS AVAILABLE
AL`fFRNATIVE FORMATS4
(SORr..2~8=721 ~. ~"- -- ..._
IN LARGE PRINT OR OTHER
FOR ASS~ISTANC~E LALL _ _.__ __
BoA Foz'm 1-•89 NANTIICKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDINC3~ `Date
NANTIICRET, MA 02554
CASE No.~~-
• APPLICATION FOR RELIEF
Owner's name(s) : JOSEPH M. QUIGI.EY 'and JUDITH A. QUIGI.EY
Mailing address: 18 Country Road, Westport, CT 06880
Applicant's name: same
Mailing address: same
Location of lot: Assessor's map and parcel number 29 - 78
Street address: 20 Willard Street
Registry , Plan Bk & Pg 19/23 Lot 3
Date lot acquired: ~~_ Deed Ref 25~ 132 Zoning district R-1
Uses on lot - commercial: None jg or •MCD?_
- number of: dwellings_ du~lex_ apartments_ •rental rooms_
Building date(s): all pre-8/72? es or
Building Permit appl'n. Nos, va lance 65-86• ]
Case Nos. all BoA applications, awsuits:
State fully all zoning relief sc
and subsections, specifically wh
and what grounds xou urge for Bo
139-32A x if Variance, 139-30A
if to alter or• •extend 'a nonco
& B _ , attach decision or orde
The Applicants seek a modification
room and small bat~romm above the
hereto. •
_ C of 0?_
ht and respective•Code sections
you propose compared to present
to make each finding per Section
if a Special Permit •(;a11d. 139-33A
orming use).'Yf appeal per 139-3~A
appealed. OKS~t'(o~/attach addendum
Variance No. 65-~b~to add a sitting
Ming kitchen. See Addendum attached
Items enclosed as part of this Application: orderl addendum2 x
Locus maps Site plan x showing present x +planned x 'structures
Floor plans present proposed_ elevations (HDC-a~proved?_)
Listings lot areal frontage x setbacks x GCR x parking data
Assessor-certified addressee Iist 4 sets,g~ ma~ling label$$ 2 sets
200 fee payabl.e_.to_.~awn •~of Nantucket • proof .~ ' cap' bb~ienant
(If an appeal, ask Town Clerk to send Bldg Com s record to BoA.~
I certify that the requested information. submitted is substantially
complete and true,to the bes of my knowlecj~e, under the,~ains and
pe:Talties of "ur '•"•`" -
SIGNATURE: Applicant _ Attorney/agent X
3(If not owner or owner's attorne enclose
Y. proof of authority)
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ADDENDUM A
The Applicants, Joseph M. Quigley and Judith A. Quigley, own a cottage at 20
Willard Street, shown as Lot 3 on a plan filed with the Nantucket Registry of Deeds, Plan
Book 19, Page 23 (the "Lot"). The cottage was built on the Lot before July, 1972, the
effective date of the Nantucket Zoning By-law. The Lot has an area of approximately 1,781
square feet, with approximately 38.64 feet of frontage on Willard Street. A minimum of
fifty (50') feet of frontage is required. The Lot is undersized and does not conform to the
minimum 5,000 square foot lot size required in the R-1 Zoning District. The cottage on the
Lot has a ground cover of 572± square feet (32.1%) which will not change; the maximum
allowable ground cover is 30%. The Quigleys wish to add a sitting room and small
bathroom above the existing kitchen thereby increasing the height of part of the structure.
On July 21, 1986, the Nantucket Board of Appeals (the "Board") granted a Variance
(65-86) curing a technical defect in title arising out of the subdivision of one parcel into three
(3) non-conforming lots with pre-existing dwellings on each, one of which is the Quigley
Lot. Paragraph 5 of the Board's Decision with respect to the Variance states that "any
expansion or extension of either of the existing structures by an increase in height or ground
cover require relief from the Board of Appeals.
On February 2, 1995, the Board modified the Variance to allow the raising of the
cottage's roof ridge to convert the one (1) story cottage to a one and one half story cottage
(082-94).
The proposed addition will provide a second floor sitting room and small bathroom
and will not increase the intensity of use of the cottage. If granted, the Variance
modification will be in harmony with the intent and purposes of the Zoning By-law and will
not be substantially more detrimental to the neighborhood than the existing residential use of
the cottage. Further, the Board found that the criteria for granting the Variance has been
met in Decision Nos. 65-86 and 82-94.
The Applicants request that this Board grant the modification of Variance No. 65-86.
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APPROVAL UNOGR THE ~UODIVISION "~IRlt~,.~, `~~~=.Z7t,~"e
Go1.+TRo~. LAW NoT FZERU~RED/- ~°'~o
D.a'rE:~ //~/~~FII_E Ne. IYyJ
NANTUCKET PL_ANNIN6 BOARD
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Nantucket
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• ' _ BOARD OF APYL'ALS _ , -
Date: July 21 ~ 1986 -.
Certificate of Granting oC Variancern~Spcriait
(General Laws Chapter 40A, Section I l )
The Board of appeals of the City or Town of Nantucket
hereby ccrtifics that a Variance~r-ftfrcctatPrrzt~t{Ntas been Qranted
'; To _RONALD K. BAMBRR (n~5_a~1
Address Box 26
( City or Town Nantucket
t affecting the rights of the owner with respect to land or buildings at 20-.22 Willard S t. .
i Lots Z and 3, Plan Book 19, Page 23, Asaessor'a Parcels 29-078, 29-079,
i
And the said Board of Appeals further ccrtifics that the dcclslon attached hereto Is a true and
correct copy of its decision granting said variance --alxeia~.3scrm(t, and that copies of sa(d
decision, and of all plans referred to in the decision, have been filed with the planning board and
the city or town clerk.
The Board of Appeals also calls to the attention of the owner or applicant that General Laws,
? Chapter 40A, Section I 1 (last paragraph) provides that no variance.os.specizl~eruii~, or any ex-
tension, modification or renewal thereof, shall take effect until a copy of the decision bearing the
certification of the town or city clerk that twenty days have elapsed after the decision has been
filed in the office of the city or town clerk and no appeal has been f71ed or that, if such appeal has
been filed, that it has been dismissed or denied, is recorded in the registry of deeds for the county
and. district in which the land is located and indexed in the grantor index under the name of the
! owner of record or is recorded and noted on the owner's certificate of title. The fee for such recor-
ding or registering shall be paid by the oµ•ner or applicant. _
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DECISION
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R - e~c~ 254 PacE271
s~ BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02554
DECISION:
The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, JUNE
27, 1986 at 1:30 p.m. in the Town and County Building, Nantucket made
the following Decision upon the Application of RONALD K. BAMBER (065-86)
of Sox 26, Nantucket, MA 02554.
1. This is an Application for a VARIANCE pursuant to SECTION
139-32 requesting relief from SECTION 139-16 (intensity regulations)
of the Zoning By-Law. The Applicant seeks a Variance to cure a techni-
cal defect which arose when the subdtlsion of the original lot pursuant
to the subdivision control law. created three (3) non-conforming, under-
sized lots under the Zoning By-Law. The premises owned by Applicant are
Lots 2 and 3 shown on Plan reco~±d at Plan Book 19, Page 23, located at
20 and 22 WILLARD STREET, Assessor's Parcels 29-078 and 29-079 and are
zoned RESIDENTIAL-1.
2. Based upon a review of the Application, supporting documents,
plans and testimony, the Board finds that the property consists of two
undersized lots which were created and sold off in 1975 by the Appli-
cants predecessor in title. Sited on each lot are small single-family
dwellings. The Applicant doss not request any relief to alter or change
the existing structures or uses. Applicant acquired the premises in
early 1984 and just recently understood the significance of the Lots°
non-conformity.
3. Variance relief may be granted to remove an alleged defect in
marketability of title by a prior owner's subdivision of land into lots,
one or more of which do not conform to the minimum lot size required in
Section 139-16A of the Zoning By-Law. The Planning Board's recommendation
is favorable, and no opposition was heard.
4. The Board finds that the shape of the lots and the siting of
the buildings thereon, and the technical zoning violation which affects
t
_ !
(065-86)
g~'pK 254.~cE272
-2-
the marketability of title, do not generally affect the Residential-1
zoining district in which the property is located, and a literal en-
forcement of the By-Law would involve a substantial hardship to the Ap-
plicant and create non-marketable property. The desired relief may be
granted without substantial detriment to the public good and without
nullifying or substantially derogating from the intent or purpose of
the By-Law. Separate ownership of the lots will result in the more con-
forming single dwelling unit per lot.
5. TheBoard, however, does impose a condition that any expan-
sion or extension of either of the existing structures by an increase
in height or ground cover require relief from the Board of Appeals.
6. For the reasons end upon the conditions set forth herein,
the Board, by UNANIMOUS vote, hereby GRANTS the Applicant the requested
relief from SECTION 139-16A (intensity regulations-minimum lot size) of
the Zoning By-Law by VARIANCE with respect to Lots 2 and 3 at 20 and 22
Willard Street, permitting said property to be marketable as the separ-
ate lots shown on Plan recorded at Plan Book 19, Page 23.
Dated: July Z~ , 1986
Nantucket, MA 02554
TI~R~...a,~
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__(~••~ /,. X17,...,...._
William R. Sherman
~~~ %;.q.:d~ Dorothy D. Vollans
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ICERTIfY11L11 .;f;:.;;,: - '••~~~~, y'
z0 AAYS HAVE Eu~p!IFkEq THE DEClS10N :. •, • . •, . •
WAS FILED IN THE DFFICE OF THE TOWN CIERI~ AND THAT., ,, , ; - ~ ItAM1fCKE'T COUt31Y
NOAPPEAL HAS BEEN FILED, PEFSUANT TO GEN RAL ~WS .. ! >; 1. t~aCC>lvOC! and Entered
40A SECTION 11 ~,,,~~~
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TOWN OF NANTUCKET
BOARD OF APPEALS ~•
NANTUCKET, MASSACHUSETTS 02554
Date: ~~°~'~ ~' ~ 19 95
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: 082-94
Owner/Applicant:
A. QUIGLEY
JOSEPH M. QUIGLEY AND JUDITH
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.
~._,, ,
~-~.J ^
Dale W. Waine Chairman
cc: Town Clerk
Planning Board
Building Commissioner
B~OK~~V l PAGE ~~~
TOWN OF NANTUCKET..
BOARD OF APPEALS
Map 29 20 Willard Street
Parcel 78 Plan Book 19, Page 23,
R-1 Lot 3
Deed Ref: 257/132
At a Public Hearing of the ZONING BOARD OF APPEALS
originally scheduled for 1:00 p.m., Friday, December 9, 1994 and
continued without opening the hearing to Friday, January 6, 1995,
in the Selectmen's Meeting Room. in the Town and County Building,
Broad Street, Nantucket, Massachusetts, on the Application of
JOSEPH M. QUIGLEY and JUDITH A. QUIGLEY, of 18 Country Road,
Westport, Connecticut 06880, Board of Appeals File No. 082-94,
the Board made the following Decision:
1. Applicants are seeking a MODIFICATION of Board of Appeals
File Number 065-86, in which a VARIANCE was granted to cure a
technical defect and validate the subject lot. Applicants
propose to raise the ridge height of the roof to convert a one-
story single family dwelling into a one and one-half story
dwelling.
The premises is located at 20 WILLARD STREET, Assessor's Map
29, parcel 78, as shown in Registry Plan Book 19, Page 23, Lot 3.
The property is zoned RESIDENTIAL-l.
2. The Decision is based upon the Application and materials
submitted with it, the testimony and evidence presented at the
Hearing and two (2) letters of opposition on file. An Attorney
representing three (3) neighbors was present in opposition to the'
Application and expressed her clients' concern about the
expansion of the Applicants' dwelling and stated that increasing
the height of the dwelling would be detrimental to the
neighborhood. One abutter was present and spoke in favor of the
Application. The Planning Board made no recommendation.
3. Applicants represented that the proposed addition would
raise the ridge height of the existing dwelling approximately
eight feet five inches (8'S") to a height of approximately
twenty-two feet six inches (22'6") and that there were several
dwellings in the immediate vicinity with ridge heights as high or
higher than the proposed addition. Applicants represented
further that the criteria required for granting a Variance had
been met in connection with the granting of Variance (65-86) and
that the proposed addition is in harmony with the general
purposes and intent of the Zoning Bylaw and will not be
substantially more detrimental to the neighborhood upon the
stated conditions for relief.
.B00K~~PAGE~
4. Accordingly, by unanimous vote, a MODIFICATION to VARIANCE
(65-86) was GRANTED to allow construction of the proposed
addition to the existing dwelling, subject to the following
conditions:
,-
A. The ridge height of the dwelling after the proposed
construction shall not exceed a height of twenty-two
feet six inches (22'6"), as substantially shown on the
four (4) pages of elevation plans for the proposed
addition annexed hereto as Exhibit A;
B. No exterior construction activities shall be conducted
between June 1, 1995 and September 1, 1995; and
C. No further expansion of the structure on the property
shall be permitted without further relief from this
Board.
Dated: ~~~ ~ 1995
..2~ C ~ ~~-~~
e W. Waine, Chairman
~~. ~ ~,
Linda F. Williams
I CER T l"rY TH,aT 2Q 0 YS H.'JE ELA°SrD AFTER T; .E C'~-C1SiD~+
WAS FILED IN T~iE GFFiCE OF TAE TO'1~ ~ i CLEn~ :, A,'~'D ThAT
NO APPEALHgSBEENFILED,PERSUANT TOGEieERALLA~NSRobert J. Leichter ~ ~ ,
40A;,SECTiON 11 tOWN CLERK
~~ /,, h
~\.~~~'~~ ~ ~" ~illiam P. Hourihan, Jr.
_ ,~.
~ATfEST: A Tr~UE CaFY
- ~ .. ~,~
Micha O'Mara
C~G/i ~~+..lLt~-r~-
NANTUCKET T~''l N CLEFK
~w~4~
RECEI~''E'~
TOWN CLERK'S OFF-(%E
NANTUCKET, I`~` ^ 02554
FEB p 21995
TIME: (-"
d _ ~ _ ~~
CLERK:_-----
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Jack Dunn
Building Commissioner
16 Broad Street
Nantucket, MA 02554 August 18, 1995
RE: JOSEPH M. QUIGLEY AND JUDITH A. QUIGLEY
BOARD OF APPEALS DECISION 082-94
Dear Mr- Dunn;
Please be advised that at the August 11, 1995 meeting of
the Zoning Board of Appeals, the Board reviewed a request for
clarification from the Quigley's concerning specifically Paragraph
4, Condition "A" of BOA Decision (082-9~) in which it states:
"The ridge height of the dwelling after the proposed
construction shall not exceed a height of twenty-two
feet six inches (22'6"), as substantially shown on
the four (4) pages of elevation plans for the
proposed addition annexed hereto as Exhibit A"
Applicants represented that they now propose to alter the
design of the dormers, i.e., going from having two (2) small
dormers to one shed dormer on each roof plane, which in turn
raises the height of the dormers and changes the profile of the
building. None of the alterations will raise the ridge height of
the single-family dwelling above the approved 22'6".
When the matter was first brought before the Board of
Appeals, there were no finished architectural plans on which to
base the grant of relief. The Board chose to use the plans that
are attached to the Decision as Exhibit A as part of Condition
"A". Upon review of the Decision, it was determined and voted,
that Exhibit A only pertains to limiting the ridge height of the
structure, not limit the design features that may come about as a
result of gaining a Certificate of Appropriateness from the
Historic District Commission.
Accordingly, the Board, by a unanimous vote, voted to
clarify the Decision in 082-94, determining-that the alteration
~0'd ~d101
of the dormers is within the scope of Condition "A" of Paragraph
4 as the Condition, as written, applies only to limiting the ridge
height not any design features such as dormers. The Board further
respectfully requests that a Building Permit be issued for the
proposed construction considering the above clarification.
If we can be of any further assistance in this matter,
please do not hesitate to contact this office. Thank you for your
favorable consideration of this matter.
Sincerely,
Michael J. O'Mara
Chairman, ZBA