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`0gA1� TOWN OF NANTUCKET yy 9 P
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554' 2 _
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Date: January 11, 2013
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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
077 -12
Owner /Applicant: Anthony Colella and Maureen J. Dunphy
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 90A, 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.
q S U CIml
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 59.4, Parcel 74 Certificate of Title No. 23741
7 I Street L.C. Plan 3092 -S, Lots 57 & 58
Village Residential
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, December 13, 2012, at 1:00 P.M., 4
Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of ANTHONY COLHLLA AND
MAUREEN J. DUNPHY, c/o Glidden & Glidden, P.C., 37 Centre
Street, Nantucket, Massachusetts 02554, File No. 077 -12:
2. Applicants are requesting Special Permit relief
pursuant to Nantucket Zoning Bylaw Sections 139- 33.A.(4) and (5)
(alteration of preexisting nonconforming structures) in order to
alter and extend the preexisting nonconforming structure by
adding 2nd floor dormers, a 2nd floor deck, and an outdoor shower
at grade to the garage structure on the Locus. The garage
structure is presently sited approximately 6.3 feet from the
front yard lot line in a zoning district that requires a thirty
(30) foot front yard setback. None of the proposed alterations
will be closer to front yard lot line than the existing
structure. The structures on the Locus are also nonconforming
as to rear yard setback and ground cover, being sited as close
as 3.9 feet from the rear yard lot line in a zoning district
that requires a fifteen (15) foot side and rear yard setback and
having a ground cover ratio of about 13.5% in a zoning district
that allows for a maximum ground cover ratio of 108. The
proposed alterations to the structure will not increase the
ground cover on the Locus. The Locus is situated at 7 I Street,
is shown on Nantucket Tax Assessor's Map 59.4 as Parcel 74, is
shown as Lots 57 & 58 on Land Court Plan 3092 -S, and title is
registered in Certificate of Title No. 23741 in the Nantucket
County Registry District of the Land Court. The site is zoned
Village Residential.
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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
were presented. There were no letters in favor of, or in
opposition to, the application.
4. Attorney Richard Glidden represented the Applicant the
hearing. Attorney Glidden explained to the Board that the
Applicants are requesting Special Permit relief pursuant to
Nantucket Zoning Bylaw Sections 139- 33.A.(4) and (5) (alteration
of preexisting nonconforming structures) in order to alter and
extend the preexisting nonconforming structure without
increasing the nonconforming nature of said structure.
The Applicants intend to add 2nd floor dormers, a 2 "d floor deck,
and an outdoor shower at grade to the garage structure on the
Locus. None of the proposed alterations will increase the
ground cover ratio on the Locus, nor will they be any closer to
the lot lines than the existing structure.
The garage structure is sited approximately 6.3 feet from the
front yard lot line in a zoning district that requires a thirty
(30) foot front yard setback. The structures on the Locus are
also nonconforming as to rear yard setback and ground cover,
being sited as close as 3.9 feet from the rear yard lot line in
a zoning district that requires a fifteen (15) foot side and
rear yard setback and having a ground cover ratio of about 13.5%
in a zoning district that allows for a maximum ground cover
ratio of 10 %.
5. Therefore, after a discussion with the Applicant, the
Board finds that such Special Permit relief pursuant to
Nantucket Zoning Bylaw Sections 139- 33.A.(4) and (5) in order to
construct 2nd floor dormers, a 2nd floor deck, and an outdoor
shower to the garage structure on the Locus would be in harmony
with the general purposes and intent of the Bylaw and would not
be substantially more detrimental to the neighborhood than the
existing nonconformity.
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 Sections 139- 33.A.(4)
and (5) to allow 2 "d floor dormers, a 2nd floor deck, and an
outdoor shower to the garage structure on the Locus would not be
substantially more detrimental to the neighborhood than the
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existing nonconformity and would be in harmony with the purpose
and intent of the Zoning Bylaw with the following conditions:
a. That all work shall be done in substantial compliance
with Historic District Commission Certificate of
Appropriateness Nos. 58,765 and 58,766, as may be amended
from time to time; and,
b. That there shall be no exterior construction between
Memorial Day and Labor Day of any year.
SIGNATURE PAGE TO FOLLOW
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Dated: sm, IV ,2013
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. 10 2013
On this � day,of , 2013, before me, the undersigned Notary Public, personally appeared
71 -y& 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 6b/she signed it
voluntarily for its stated purpose.
Not. ublic: 'Sk 0 004,
My commission expires: ylvv f