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HomeMy WebLinkAbout052-11 Pamela Brooks (2)~, ~ 6 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS ~~554 0 ~~ - _~ Date: October 14, 2011 ~-- To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 052-11 Owner/Applicant: PAMELA BROOKS 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. Edward S. Toole, 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 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 41, Parcel 26 Certificate of Title No. 19,592 54 Cliff Road L.C. Plan 15515-C Residential Old Historic DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, September 8, 2011, at 1:00 P.M., at 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of PAMELA BROOKS, 54 Cliff Road, Nantucket, MA 02554, File No. 052-11: 2. A Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-33.A. (4) and (5) (alteration of preexisting nonconforming structure) in order to alter the pre-existing nonconforming single-family dwelling. The proposed alteration will not increase the nonconforming nature of the structure and will not encroach any further into the setback than the preexisting nonconforming structure. The structure is nonconforming as to side yard setback, being sited as close as 3.9 feet from the side yard setback in a zoning district that requires a five (5) foot side yard setback. The garage on the Locus is also nonconforming as to side yard setback being sited as close as 3.3 feet from the side yard setback in a zoning district that requires a five (5) foot side yard setback, but no work is being proposed to alter garage. The Locus and structures thereon are otherwise conforming to the intensity regulations of the Residential Old Historic zoning district. In the alternative, the Applicant is requesting Variance relief pursuant to Nantucket Zoning Bylaw Section 139- 32 (variances) from the intensity regulations in Section 139-16 (intensity regulations - setbacks) in order to complete the work requested. The Locus is situated at 54 Cliff Road, is shown on 1 Nantucket Tax Assessor's Map 41 as Parcel 26, is shown on Land Court Plan 15515-C, and is registered as Certificate of Title No. 19,592 in the Nantucket County Registry District of the Land Court. The property is zoned Residential Old Historic. 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. There was no Planning Board recommendation, on the basis that no matters of planning concern were presented. There were no comments either in favor of or in opposition to the application. 4. Sophie Metz represented the Applicant. Ms. Metz explained to the Board that the Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A. (4) and (5) (alteration of preexisting nonconforming structure) in order to alter the preexisting nonconforming single-family dwelling without increasing the nonconforming nature of said structure. Ms. Metz informed the Board that the structure is nonconforming as to side yard setback, being sited as close as 3.9 feet from the side yard setback in a zoning district that requires a five (5) foot side yard setback. The garage on the Locus is also nonconforming as to side yard setback being sited as close as 3.3 feet from the side yard setback in a zoning district that requires a five (5) foot side yard setback, but no work is being proposed to alter garage. Ms. Metz also explained that the Locus and structures thereon are otherwise conforming to the intensity regulations of the Residential Old Historic zoning district and the structure was originally conforming to the R-2 zoning district in which it was sited, but when the Town rezoned the Locus to Residential Old Historic, it rendered the Locus nonconforming as to side yard setback thereby creating the preexisting nonconforming status of the Locus. Ms. Metz further stated that the Applicant proposes to construct an addition to the rear of the structure that will not be any closer to the setback than the existing structure. The new addition will be constructed entirely outside the setback. 5. Therefore, after a discussion with the agent for the Applicant, the Board finds that such a Special Permit may be granted to approve the alteration of the preexisting nonconforming structure as the alteration will not intrude into the setback any further than what presently exists and that this type of alteration would not be substantially more detrimental 2 to the neighborhood than the existing nonconformity on the Locus. 6. Accordingly, by a unanimous vote of the sitting Board, the Board of Appeals made the finding that the proposed alteration to the preexisting nonconforming structure would not be substantially more detrimental to the neighborhood than the existing nonconformity and allowed the proposed alteration to the structure to be done in substantial conformity with the plan entitled "Plot Plan," prepared by Sophie Metz, dated September 8, 2011, attached hereto as "Exhibit A," with the following condition: a. There shall be no exterior construction between May 15th and September 15th of any year; SIGNATURE PAGE TO FOLLOW 3 Dated: ~~ ~~ ,2011 COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. ~ ~ l~ , 2011 On this ~y~-~-- day of ~ tl~ , 2011, before me, the undersigned Notary Public, personally appeared U~Ir~ ~AJ•~n ,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 tha~/she signed it voluntarily for its stated purpose. ~~ ota Public: S, My commission expires: ~~17~~ ~-~ t~~,,,,.t,,,-~r -~y~ =~ ~R `"~~~ 'i~a'~~:.~ .~< y~ ~: ~. ~~ I /~ ~ ~ A ~ % ; C~~FF ~ / ~ / OOO~hO ~° ti0 ~ / O~ '.;'~' :: ~~ / j `~ / EXISTING ~ BUILDING ~ ~ ~~ ~ ~~ S6 5~~~ ~ / O~O~ y~ F ~ ~ NOTE: 36 INFORMATION FOR THIS SITE PLAN WAS TAKEN FROM THE NANTUCKET G.I.S. MAPS AND A SUPPLIED SURVEY FROM THE LAND REGISTRATION OFFICE BV NANTUCKET SURVEYORS INC. DATED JULY 13, 2000 THIS DRAWING DOES NOT CONSTIME A REGISTERED SURVEY AND IS FOR THE NANTUCKET HISTORIC DISTRICT COMMISSION USE ONLY. ALL SITE WORK SHOULD BE VERIFIED BY A REGISTER I AND SI IRVFVOR PRIOR TO AND DIIRIN(; t^ONSTRI1f.TION ,~~ R~q O ,~ .S'6 6pOO~ \~O F I EXISTING / ~ BUIL""DING 00 ~ ~ooogh ~- o ti~ ~ ~ ,36 - / y allo~ - ~~~ -' - ~r~~~ C~ov~- :. - PROPOSfD ~ ~ °[6 5 2 II ADDITION - j--' / ~,$~2 s~ X31 ~a- r t~ ~ N p~ ~, ' ,Plot Plan °~!8`~( Scale 3/32" = I'0"