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:
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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Continued to://_ Withdrawn: _/ / Decision Due By:_/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
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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. ...............
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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
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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.
SIGNATURE PAGE TO FOLLOW
3
Dated: t L ,2012
n
K ni Kos ;a c
L' a 'Bo ttice11
'/0 7��
Susan McCarthy
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. I IX 12012
On this day of jA �! _, 2012, before me, the undersigned Notary Public, personally appeared
—K;tt 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 /@9 signed it
voluntarily for its stated purpose.
ublic: +
My commission expires: 1(II/ 2014
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