HomeMy WebLinkAbout068-12 5 Warren StreetTU
a
TOWN OF NANTUCKET
BOARD OF APPEALS y m
NANTUCKET, MASSACHUSETTS 01552
s 3 m
� 0
a o
Date: January 11, aoicj
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 068 -12
Owner /Applicant: Stuart M. Duty and Mary A. Duty
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.
� S I,.G Csm)
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 Certificate of Title No. 24,132
93
5 Warren Street Land Court Plan 23876 -A, Lot 1
Residential Old Historic
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, November 8, 2012, at 1:00 P.M., 4
Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of STUARY N. DUTY AND NARY
A. DUTY, c/o Vaughan, Dale, Hunter, and Beaudette, PC, 2
Whaler's Lane, PO Box 659, Nantucket, Massachusetts 02554, File
No. 068 -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) and 139 -
33.E(2)(a) (increase in ground cover ratio by Special Permit) in
order to create approximately 100 square feet of habitable space
on the second floor of the preexisting nonconforming dwelling by
raising the existing roof and constructing a new second story
dormer. The Locus is nonconforming as to minimum lot size,
having a lot area of approximately 4,538 square feet in a zoning
district that requires a minimum lot size of 5,000 square feet;
nonconforming as to ground cover ratio, having a ground cover
ratio of 34.28 in a zoning district that allows for a maximum
ground cover ratio of 308; and nonconforming as to side yard
setback, being sited as close as 3.1 feet from the side yard lot
line in a zoning district that requires afive - (5) foot side
yard setback. The proposed additions will increase the ground
cover by approximately eight (8) square feet and result in a
ground cover ratio of 34.358 where up to 508 is allowed by
Special Permit. The Locus is situated at 5 Warren Street, is
shown on Nantucket Tax Assessor's Map 55.4.1 as Parcel 93, is
shown on Land Court Plan 23876 -A as Lot 1, and title is
registered as Certificate of Title No. 24,132 in the Nantucket
County District of the Land Court. 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. There was one letter in opposition to the
application on file.
4. Attorney Kevin Dale represented the Applicant at the
hearing. Attorney Dale 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
structure by adding approximately 100 square feet of habitable
space on the second floor by raising the existing roof and
constructing a new second story dormer. The proposed additions
will result in an increase of approximately eight (8) square
feet of ground cover and result in a ground cover ratio of
34.35 %.
The Locus is nonconforming as to minimum lot size, having a lot
area of approximately 4,538 square feet in a zoning district
that requires a minimum lot size of 5,000 square feet;
nonconforming as to ground cover ratio, having a ground cover
ratio of 34.2% in a zoning district that allows for a maximum
ground cover ratio of 30 %; and nonconforming as to side yard
setback, being sited as close as 3.1 feet from the side yard lot
line in a zoning district that requires a five (5) foot side
yard setback.
The Board asked Attorney Dale whether or not the proposed
alteration has Historic District Commission approval because the
nature of the letter in opposition to the project addresses
concerns that would have been raised at the Historic District
Commission. Attorney Dale informed the Board that the
Applicants have approval from the Historic District Commission
by virtue of Certificate of Appropriateness No. 58,496.
5. Therefore, after a discussion with the agent for the
Applicant, the Board finds that such a Special Permit for relief
sought by the Applicant pursuant to Nantucket Zoning Bylaw
Sections 139- 33.A.(4) and 139- 33.E.(2) in order to alter the
structure and add ground cover, as proposed, would not be
substantially more detrimental to the neighborhood because said
additions and alterations will be no closer to the westerly side
PA
yard lot line than the existing structure and 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 grants a Special Permit for the relief
sought by the Applicant pursuant to Nantucket Zoning Bylaw
Sections 139- 33.A.(4) and 139- 33.E.(2) in order to alter and
extend the preexisting nonconforming single - family dwelling
without increasing the nonconforming nature of the structure
with the following conditions:
a. That the structure shall not get any closer to the
westerly side yard lot line;
b. That all work shall be done in conformance with Historic
District Commission Certificate of Appropriateness No.
56,496, as may be amended from time to time; and,
c. That there shall be no exterior construction for the
proposed work, including the exterior use of power tools
for interior work or for hardscaping, between Memorial
Day and Labor Day of any year.
SIGNATURE PAGE TO FOLLOW
9
10 80d
Dated: ,Eq±
COMMONWEALTH OF MASSACHUSETTS
'II!
Nantucket, ss. �d 2Bht
On this day of ,7843; before me, the undersigned Notary Public, personally appeared
l�r w4%6 , 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 thaldo /she signed it
voluntarily for its stated purpose.
Notary PuMc:
My commission expires:
1 �0