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HomeMy WebLinkAbout022-12 4 Butterfly Lane0 Fee: $300.00 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Owner's name(s):4 Butterfly Lane NT Mailing address:2 Broad Street Nantucket MA 02554 Phone Number:-508-228-2722 E -Mail: Z ^� 0 Z ry C-) 70 ;K rn M w n rn CD -� < 3 rn z o r rn r\3 t-+ File No. )g- (j, Applicant's name(s):Douglas Mills Mailing Address: 2 Broad Street Nantucket MA 02554 Phone Number:508 -228 -2722 E- Mail:doug @bpc- architecture.cd Locus Address: 4 Butterfly Lane Assessor's Map /Parcel:73 .1 .4/35 Land Court Plan /Plan Book & Page /Plan File No. :Plan Book 2 Page 22 Deed Reference /Certificate of Tide:1188 /164 Zoning DistrictSR -20 Uses on Lot- Commercial: Nonex Yes (describe) Residential: Number of dwellingsl Duplex 0 Apartments 0 Date of Structure(s): all pre -date 7/72 x Building Permit Numbers: or Previous Zoning Board Application Numbers: 015 -09 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile Print For State below or attach a separate addendum of specific special permits or variance relief applying for: I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: Owner* SIGNATURE: zoo Applicant/ Attorney/ Agent* *If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency. OFFICE USE ONLY Application received on:—/ / By: Complete: Need Copies: Filed with Town Clerk:_ /_ /_ Planning Board:—/—/— Building Dept.:—/—/— By:_ Fee deposited with Town Treasurer:—/—/— By:_ Waiver requested: Granted:—/—/— Hearing notice posted with Town Clerk:_ /_/ Mailed:—/—/— I &M / / & / /_ Hearing(s) held on:—/—/— Opened on:—/—/— Continued to://_ Withdrawn: _/ / Decision Due By:_/ Made: / _ / _ Filed w /Town Clerk: / / Mailed: / / 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile p TECTURE John Brescher Zoning Board of Appeals Administrator 2 Fairgrounds Road Nantucket, MA 02554 8 March 2012 RE: 4 Butterfly Lane — Siasconset John, Please accept the enclosed packets as a complete application for Zoning Board of Appeals relief from Nantucket Zoning By -Law Section 139 -33A 4a. We are proposing to add two fully zoning compliant decks to an existing non - conforming dwelling at 4 Butterfly Lane in Siasconset. One of the proposed decks is to have a pergola structure included as well. The non - conforming portion of the existing dwelling is a porch and balcony on the south side of the house that was rebuilt pursuant to Special Permit #015 -09. The steps to the existing porch are as close as 5.5' to the property line where a 10' sideyard setback is required. There are two other existing non - conforming structures on the lot, a garage and a shed. The garage is as close as 1.7' and the shed 1.5' to the westerly property line where a 10' setback is required. The garage is being renovated but there is no work proposed to the exterior requiring further relief. No work is proposed to the shed at this time. The lot pre -dates the 1972 Zoning By -Law. We feel that the work proposed being fully compliant is not substantially more detrimental to the neighborhood. Thank you for your consideration. Douglas Mills BPC Architecture 2 Broad Street Nantucket, MA 02554 p 508.228.2722 info@bpc-architecture.com k?p - <�r<�hiteca��re,c:orr CO z O z 0 O z X w LL 0 U) 0 F- 0 m EL UAW C/) z C) 0 -j lz EM—F. OV06f 4- 4. ILI 1111,111mi mill z am UJ cf) W CL CL LL 0 0 co Q) z z 0 N I fg. iV se_ < kit ARCHITECTURE John Brescher Zoning Board of Appeals Administrator 2 Fairgrounds Road Nantucket, MA 02554 8 March 2012 RE: 4 Butterfly Lane — Siasconset John, Please accept the enclosed packets as a complete application for Zoning Board of Appeals relief from Nantucket Zoning By -Law Section 139 -33A 4a. We are proposing to add two fully zoning compliant decks to an existing non - conforming dwelling at 4 Butterfly Lane in Siasconset. One of the proposed decks is to have a pergola structure included as well. The non - conforming portion of the existing dwelling is a porch and balcony on the south side of the house that was rebuilt pursuant to Special Permit #015 -09. The steps to the existing porch are as close as 5.5' to the property line where a 10' sideyard setback is required. There are two other existing non - conforming structures on the lot, a garage and a shed. The garage is being renovated but there is no work proposed to the exterior requiring further relief. No work is proposed to the shed at this time. We feel that the work proposed being fully compliant is not substantially more detrimental to the neighborhood. Thank you for your consideration. Douglas Mills BPC Architecture 2 Broad Street Nantucket, MA 02554 p 508.228.2722 info @bpc - architecture.com bpc- architecture.com 14 Town of Nantucket ZONING BOARD OF APPEALS LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF RECEIVED BOARD OF ASSESSORS PROPERTY OWNER,....."....PAM—KR L-AJ . Al—1 — , MAILING ADDRESS..,...... . 4d—.......T ... PROPERTY LOCATION cl. ............... .............. aa ,,,,, ASSESSORS MAP /PARCEL;:., 7.� .- /.-.7,.. 35 ��pp . �.!......... '� APPLICANT ....... l�G...... T' ........................ SEE ATTACHED PAGES , FEB 2 9 2012 TOWN OF NANTUCKET, MA I certify that the foregoing is a list of persons who are owners of abutting property, owners of land directly opposite on any public or private street or way; and abutters of the abutters and all other land owners within 300 feet of the. property line of owner's property, all as they appear on the most recent applicable tax list (M.G.L, c. 40A, Section 11 Zoning Code Chapter 139, Section 139 -29D (2) DATE ASSESSOR'S OFFICE Town of Nantucket N J J J J J J J J J J J J J J J J J J J J J J J J \ W W W W W W W W W W W W W W W W W W W W W W W W N W N N VI A A A A A P W W W W W W W N Y Y Y Y Y Y 0 O b m J 01 UI O 0 01 P W N Y O A Ui Ili P N Y Y N Y N Y 0 fa �y pZ rypp�� p p y y2 0xp zym 0 H 0 [9 r C n z [9 y ppp plll x n (y� p n [tl9 O N 4 �-I Z p p r r H r x M W N 7 O xH H m 41 '� K qA NN NH p r TM• -H M xp K ZZ.. yyN �H++ H N O O y Z m y H ro fy1 cyH, H H r f1 M r n tMr9 p y tl b p n pnp n n N �9 t'� O H 4 C N pp H Z 55 tj 0 o o v gOg M H H H C fl K H tH n p 9 go M yyNr O yo r z 4 z o ° 0 K K KK H S° e N H W H H m H aJi a m ro ro o tYn b C 0 a tYil ro o m a N m r m a� o U N p0� O 0 N Y m U U N t+ O O O J J N z H J Uql � hJ � N x Gqyl p�� Utl HZ N t'� H H f Y Y U H 0 b 01 G3 5 V � Y u 'yC p y 0 �3 M LLLH999 C O G (� fn fn O m t'i N m O 7. O H N lq .•pZZ HMM 1+9181 yH y H �jx H H 7 2 H Y 71 [A H •° N N � < b � fn N O Z tl tl tl tlA H 7l YYY a p K N N 7.' A z H 2 2 7C 7� y 71 ° y 71 A 0 77 y n n P9 Pi 0 0 o nn (n� gg zg gg o gg z x g y 7 Y Y 4 4 K [� 4 Y Y O 4 0 7 K �C n Y nO b b O O O O Y 01 O O Y a 0 Y m 0 O1 Y Y N 0 0 a a N J J W o o J N o N O O J O O O J N Y Y Y U 1p b J O OI b U O p$ U O Y b UI O N J lT M O O U W W U 0 Y W U N Y Y g q N a N O N 0 0 O W W a A A N UI O A A N K S A U A O W W Y Of J P Y i a m U N !n VI b Y N N Y Of Y Of Y Y W Y J Y W W Y W VI Y Y Y U J b O Y N yy to Y W U p�p W K y . �Kf �Kf � yK �Kt pK yK y�1 yK� p r �+ K � K K tK+ �pl �yf yy �pp7 ypy Cppl O t1 U tl tl t1 C t•7 O rob Z Z rob e C C Z tl g q tl tl tl ro w m M Cn ;:0 cri x To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 022 -12 Owner /Applicant: 4 BUTTERFLY LANE NOMINEE TRUST, JAMES F. BASILE , TRUSTEE 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 73.1.4, Parcel 35 4 Butterfly Lane `Sconset Residential - 20 DECISION: Plan Book 2, Page 22 Deeds Book 1188, Page 164 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, April 12, 2012, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of 4 BUTTERFLY LANE NONMINEE TRUST, JAMES F. BASILE, TRUSTEE, c/o BPC Architecture, 2 Broad Street, Nantucket, MA 02554, File No. 022 -12: 2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(4) and (5) in order to alter the preexisting nonconforming dwelling without increasing the nonconforming nature of said structure. The structures are nonconforming as to side yard setback, being sited as close as 5.5 feet from the southerly side yard setback in a zoning district that requires a ten (10) foot side yard setback. This encroachment has Zoning Board of Appeals approval from Decision No. 015 -09. The structures are also nonconforming as to rear yard setback, being sited as close as 1.5 feet from the westerly rear yard lot line in a zoning district that requires a ten (10) foot rear yard setback. The proposed alteration will be to the northerly side yard setback and will not encroach into the ten foot northerly side yard setback. The Locus is situated at 4 Butterfly Lane, is shown on Nantucket Tax Assessor's Map 73.1.4 as Parcel 35, is shown on Plan Book 2, Page 22, and is recorded at the Nantucket County Registry of Deeds in Book 1188, Page 164. The property is zoned `Sconset Residential - 20. 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 1 were presented. There were no letters in favor of or in opposition to the application. 4. Douglas Mills represented the Applicant at the hearing. Mr. Mills explained to the Board that the Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Sections 139- 33.A.(4) and (5) in order to alter the preexisting nonconforming dwelling without increasing the nonconforming nature of said structure. Mr. Mills further stated that the structures are presently nonconforming as to side yard setback, being sited as close as 5.5 feet from the southerly side yard lot line in a zoning district that requires a ten (10) foot side yard setback. Said encroachment was approved by the Zoning Board of Appeals in decision No. 015 -09. The structures are also nonconforming as to rear yard setback, being sited as close as 1.5 feet from the rear yard setback in a zoning district that requires a ten (10) foot rear yard setback. As shown on the attached "Exhibit A ", the addition will be to the northerly side of the structure and will be outside all setbacks. The proposed alteration will conform to all setback requirements of the Bylaw and will be constructed as shown on the plan labeled, "Assaf Residentce ", dated March 7, 2012, prepared by BPC Architecture, attached hereto as "Exhibit A." 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 a new deck and pergola to 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 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 2 with the condition that all work shall be done as shown on the plan labeled, "Assaf Residentce ", dated March 7, 2012, prepared by BPC Architecture, attached hereto as "Exhibit A., attached hereto as "Exhibit A" with the condition that there shall be no exterior construction between Memorial Day and Labor Day of any year. 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