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"