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Home My WebLink About087-11 Michael T & Juliet B Patsalos-FoxDate: 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: 087 -11 Owner /Applicant: MICHAEL T. AND JULIET B. PATSALOS -FOX 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. �z S �Z <-/ 3&1) 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 55.4.1, Parcel Deed Book 865, Page 270 17 52 Orange Street Residential Old Historic DFCTSTnN- 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, December 9, 2011 and January 12, 2012, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of MICHAEL T. AND JULIET B. PATSALOS -FOX, 64 Charles Road, Bernardsville, NJ 07924, File No. 087 -11: 2. Applicants are requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Sections 139- 33.A.(4) and (5) (alteration of preexisting nonconforming structures) and 139 - 33.E.(2)(a) (increasing ground cover ratio from 30% to 500) in order to alter the preexisting nonconforming single- family dwelling on the Locus without increasing the nonconforming nature of the structure. The Applicant proposes a 151 square foot first floor addition and a 74.67 square foot expansion of the second floor over the existing first floor for a ground cover ratio of 31.330. The allowable ground cover ratio on the Locus is 300, but can be up to 50% by virtue of a Special Permit pursuant to Section 139- 33.E.(2)(a). The Locus is nonconforming as to lot size, having 3,963 square feet in a zoning district that requires a minimum lot size of 5,000 square feet. The Locus is also nonconforming as to side yard setback, being sited as close as zero (0) feet from the side yard setback in a zoning district that requires a five (5) foot side yard setback. The Locus is situated at 52 Orange Street, is shown on Nantucket Tax Assessor's Map 55.4.1 as Parcel 17, and is recorded in the Nantucket County Registry of Deeds in Book 865, Page 270. The property is zoned Residential Old Historic. 3. Our decision is based upon the application and accompanying materials, representations, and testimony received 1 at our public hearing. There was no Planning Board recommendation on the basis that no matters of planning concern were presented. There were abutter comments either in favor of or in opposition to the application. 4. Ray Pohl represented the Applicant at the hearing. Mr. Pohl explained to the Board that the Applicants are requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Sections 139- 33.A.(4) and (5) and 139- 33.E.(2)(a) in order to alter the preexisting nonconforming single- family dwelling on the Locus without increasing the nonconforming nature of the structure and to increase the allowable ground cover ratio to 31.330. The Applicants propose a 151 square foot first floor addition and a 74.67 square foot expansion of the second floor over the existing first floor for a ground cover ratio of 31.330. This number was later revised to 40.6% because the existing ground cover on the Locus was recalculated to be 37.2%. The allowable ground cover ratio on the Locus is 30%, but can be up to 50% by virtue of a Special Permit pursuant to Section 139- 33.E.(2)(a). Mr. Pohl further stated that the Locus is nonconforming as to lot size, having 3,963 square feet in a zoning district that requires a minimum lot size of 5,000 square feet. The Locus is also nonconforming as to side yard setback, being sited as close as zero (0) feet from the side yard setback in a zoning district that requires a five (5) foot side yard setback. The application was held over from the December 9th hearing in order to obtain a revised site plan showing the approximate ground cover calculations. 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) and 139- 33.E.(2)(a) in order to alter the preexisting nonconforming single- family dwelling on the Locus without increasing the nonconforming nature of the structure and to increase the allowable ground cover ratio to 40.6% 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. 2 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) and 139-33.E. (2) (a) in order to alter the preexisting nonconforming single- family dwelling on the Locus without increasing the nonconforming nature of the structure and to increase the allowable ground cover ratio to 40. 6% 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 alteration shall conform to the site plan entitled "Plot Plan to Accompany Application to the Zoning Board of Appeals," dated January 3, 2012, prepared by Emack Surveying, LLC, attached hereto as "Exhibit A "; and, b. There shall be no exterior construction between May 15th and September 15th of any year. SIGNATURE PAGE TO FOLLOW 91 Dated: ,2012 Dale Lh� j McCarthy el Angelastro i COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. �'2012 On this dd da� o' f � , 2012, before me, the undersigned Notary Public, personally appeared Lj � l , 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(q�he signed it voluntarily for its stated purpose. Not ublic: r1d My commission expires: %(lj /W 14 ��tirrrr�:: +I z _ N U) +I L, +I oz oo ° o LL + I to LL F- N N N x (n F- ° W O O U J M L� W n O r M O J¢ (n N LL n I LLJ LnFZ c � o- n +I a- 0_, � Z �� p = O O O a 0 Z Lil J Cw? y�p`�JSET IS bp,�j� Q? 0 -� Z LLI w U LLJ Q U ��LJUW� N r J Q Q �� w Q om < QU U Fw-U) MZWQU d WZN (�NQmu)c ,, 3:: < In U l ¢ <W2 ?�' 2 O� U) <W � WLLI ZJ° O Z�ZWQUOOf d(UU g\° `%. 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