HomeMy WebLinkAbout077-11 36 Orange StBOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: January 20, 2012
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 077 -11
Owner /Applicant: 36 ORANGE STREET, LLC
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.
�4 S. �ov� 6 X31
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 42.3.2, Parcel Deed Book 869, Page 65
219
36 Orange Street
Residential Old Historic
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, January 12, 2012, at 4 Fairgrounds Road,
Nantucket, Massachusetts, the Board made the following decision
on the application of 36 ORANGE STREET, LLC, PO Box 369,
Hopewell, NJ 08525, File No. 077 -11:
2. 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
without increasing the nonconforming nature of the structure.
The Applicant proposes to alter the existing single- family
dwelling on the Locus by constructing an addition to the side
and rear of the structure. The structure is nonconforming as to
side yard setback being sited as close as zero (0) feet from the
southerly side yard lot line in a zoning district that requires
a five (5) foot side yard setback. The proposed renovations are
on the northerly and easterly side of the structure and are
sited out of the northerly side yard setback. 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 (setbacks) in
order to perform the work requested. The Locus is situated at
36 Orange Street, is shown on Nantucket Tax Assessor's Map
42.3.2 as Parcel 219, and is recorded in the Nantucket County
Registry of Deeds in Book 869, Page 65. The property is zoned
Residential Old Historic.
3. Our decision is based upon the application and
accompanying materials, representations, and testimony received
at our public hearing. There was no Planning Board
recommendation on the basis that no matters of planning concern
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were presented. There was one letter received that expressed
concerns regarding the application.
4. Vallorie Oliver represented the Applicant at the
hearing. Ms. 011iver explained to the Board that the Applicant
is requesting Special Permit relief pursuant to Nantucket Zoning
Bylaw Section 139- 33.A.(4) and (5) in order to construct an
addition to the side and rear of the structure without
increasing the nonconforming nature of the structure. The
structure is nonconforming as to side yard setback, being sited
as close as zero (0) feet from the southerly side yard lot line
in a zoning district that requires a five (5) foot side yard
setback. The renovations are on the northerly and easterly side
of the structure and are sited out of the northerly side yard
setback.
5. Therefore, after a discussion with the agent for the
Applicant, the Board finds that such a Special Permit relief
pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(4) and (5)
in order to alter the preexisting nonconforming single- family
dwelling by constructing an addition to the side and rear of the
structure would not increase the nonconforming nature of the
structure and would not be any more detrimental to the
neighborhood than the existing nonconformity because said
addition will be outside the existing setbacks. The Board of
Appeals so finds that this type of alteration would be in
harmony with the general purpose and intent of the Zoning Bylaw.
6. Accordingly, by a UNANIMOUS vote of the sitting Board,
the Board of Appeals made the finding that such a Special Permit
relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A.4)
and (5) in order to alter the preexisting nonconforming single -
family dwelling without increasing the nonconforming nature of
the structure would not be any more detrimental to the
neighborhood than the existing nonconformity and would be in
harmony with the general purpose and intent of the Zoning Bylaw
subject to the following conditions:
a. The renovation shall be done substantially in
conformance with Historic Districts Commission
Certificates of Appropriateness Nos. 57,387 and
57,251, as the same may be amended from time to
time; and,
b. There shall be no exterior construction between
May 15th and September 15th of any year.
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SIGNATURE PAGE TO FOLLOW
Dated: �MLDVI)O ,2012
Edward Toole
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. 1 , 2012
On this �d y of 2012, before me, the undersigned Notary Public, personally appeared
ll. , 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 that he /she signed it
voluntarily for its stated purpose.
Notary Aflpj
My commission expires:
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