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HomeMy WebLinkAbout067-12 18 Pine StreetTOWN OF NANTUCKET a BOARD OF APPEALS CA� y �� NANTUCKET, MASSACHUSETTS 0259 L 3 0 y o Date: January 11, 2013 F To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 067 -12 Owner /Applicant: Wilmer Swartley, Trustee of the WCS -EMS Trust as owner; Wayne H. Dupont as Applicant 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 42.3.2, Parcel Deeds Book 899, Page 223 54 18 Pine Street Residential Old Historic INLO-G110RF 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 WILMER SWARTLEY, TRUSTEE OF THE WCS -EMS TRUST AS OWNER; WAYNE H. DUPONT AS APPLICANT, c/o Glidden & Glidden, P.C., 37 Centre Street, Nantucket, Massachusetts 02554, File No. 067 -12: 2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Sections 139- 33.A.(4) and (5) (alteration of preexisting nonconforming structure) and 139 - 33.E.(2)(a) (increase in ground cover ratio by Special Permit) in order to increase the ground cover ratio on the Locus. The Locus is nonconforming as to lot size, having a lot area of about 4,799 square feet in a zoning district that requires a minimum lot size of 5,000 square feet and the structure thereon is nonconforming as to side yard setback, being sited as close as 0.9 feet from the side yard lot line in a zoning district that requires a five (5) foot side yard setback. The existing ground cover ratio is 29.1 %, which is conforming for undersized lots. The Applicant proposes to construct a two -story addition with a total ground cover of about 92 square feet. Accordingly, the ground cover ratio will be 31% while up to 508 is allowed by Special Permit pursuant to Section 139- 33.E.(2)(a). The Locus is situated at 18 Pine Street, is shown on Nantucket Tax Assessor's Map 42.3.2 as Parcel 54, and is recorded at the Nantucket County Registry of Deeds in Book 899, Page 223. The site 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 were presented. One letter was received in opposition to the matter, but the objections in this letter were later retracted. 4. Attorney Richard Glidden represented the Applicant at the hearing. Attorney Glidden explained to the Board that the Applicant is 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 and extend the preexisting nonconforming structure by adding a 92 square foot addition. Specifically, the Applicant proposes to construct a two -story addition with a total ground cover of about 92 square feet. Accordingly, the ground cover ratio will be 31% while up to 50% is allowed by Special Permit pursuant to Section 139 - 33.E.(2)(a). The Locus is nonconforming as to lot size, having a lot area of about 4,799 square feet in a zoning district that requires a minimum lot size of 5,000 square feet and the structure thereon is nonconforming as to side yard setback, being sited as close as 0.9 feet from the side yard lot line in a zoning district that requires a five (5) foot side yard setback. The existing ground cover ratio is 29.1%, which is conforming for undersized lots. Said addition will be no closer to the side yard lot line than the existing structure and will be outside all setbacks. 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) and Section 139- 33.E.(2)(a) in order to construct a 92 square foot addition to the rear of the structure 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) and Section 139-33.E. (2) (a) to allow a 92 square foot addition would not be substantially more detrimental to the neighborhood than the existing nonconformity and would be in harmony with the purpose and intent of the Zoning Bylaw with the following conditions: a. That the addition shall be constructed as shown on the plan entitled, "ZBA Permit Plot Plan, #18 Pine Street, in 2 Nantucket, Massachusetts," prepared by Nantucket Surveyors, LLC, dated October 9, 2012, attached hereto as "Exhibit A "; and, b. That there shall be no exterior construction between Memorial Day and Labor Day of any year. SIGNATURE PAGE TO FOLLOW Dated: Alm 10 ,2013 COMMONWEALTH OF M SSACHUSETTS Nantucket, ss. 10 2013 On this 10 day of 2013, before me, the undersigned Notary Public, personally appeared 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 /she signed it voluntarily for its stated purpose. N`omry� he: . drttL My commission expires: j �r ®; / !/@ qt § [ ©- y _arr r, 2 im � § - f �| ) ` \ S�� . # a� T e / g § \.64' \ � I \ \ U) .\ \ ® ®" >' \ {�. $ §ƒ ; §h ! ., . ~� ; ! ` /\ \ f _ � § \ R/ , . o mQ « 6 9 9 3& Q ®r ` , _a m: # \ §\ / `r ]§ ; \\ :a (