HomeMy WebLinkAbout073-84TOWN OF NANTUCKET O�
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
November 30, 1984
Re: EVELYN TRUBY (073 -84) t
Enclosed, please find notice of a decision of the BOARD
OF APPEALS which has this day been filed with the Town
Clerk.
Any appeal from this action shall be made pursuant to
Section 17 of Chapter 40A of the General Laws, and shall
be filed within twenty (20) days after this date.
BOARD OF APPEALS
,L,ydle L Ricka d, Chai man
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TOWN OF NANTUCKET
-° BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
DECISION:
In the matter of the Application of EVELYN L. TRUBY
(073 -84) , at a meeting of the BOARD OF APPEALS held at 1: 30
P. M. on Friday, November 2, 1984, and continued to 1:30 P.
M. on Friday, November 16, 1984, at the Town and County
Building, Nantucket, the Board enters the following Decision
and makes the following findings:
1. This is an application for a VARIANCE granting
relief from the requirements of Section 5.3 (Intensity
Regulations: side lot line) and Section 5.1 (Intensity
Regulations: ground cover ratio) of the Zoning By -Law. If
granted, the Applicant would be permitted to construct a new
garage, eleven feet wide and nineteen feet long, which would
be 3.0 feet from the side lot line (five feet setback
required by the by -law) and which would, together with the
existing buildings upon the lot, cause the lot to have a
ground cover ratio of 33% (30% maximum permited by the
by -law). The subject premises consist of the property
approximately shown on Assessor's Map 41 as Parcel 519, are
located at 144 MAIN STREET, and are zoned as RESIDENTIAL -OLD
HISTORIC.
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2. Based upon the application and the materials and
testimony presented at the public hearing, the Board finds
that the subject premises contain about 3,698 square feet and
contain a single- family dwelling, antedating the effective
date of the Nantucket Zoning By -Law, with ground cover of
1,019 square feet; the present ground cover ratio, computed
t
under the by -law, is 27.6 %. There is no garage upon the
subject premises. The Applicant proposes to construct a
detached garage, containing no living space and no additional
dwelling unit, between the westerly side of the existing
dwelling and the westerly boundary of her property, near the
end of the present driveway. The proposed garage would have
a ground cover of 209 square feet, for a total ground cover
for the lot of 1,228 square feet, or a ground cover ratio of
33.2 %.
3. Under the Zoning By -Law, the ground cover ratio
permitted in a Residential old Historic District is 50 %.
However, the by -law further provides that a lot with a
previously existing structure which contains less than 5,000
square feet is limited to 30% in ground cover ratio. This
Board rules that the applicable ground cover ratio permitted
upon the subject premises is 30 %.
4. The Board finds, based upon a review of the
Application, supporting documents, plans, testimony,
correspondence, and a viewing of the subject premises, that,
due to circumstances relating to the shape or topography of
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the subject premises, and especially affecting the subject
premises but not affecting generally the zoning district in
which they are located (such circumstances consisting of the
boundaries and dimensions of the subject premises, and the
location of the existing structure and walls thereon), a
literal enforcement of the provisions of the Zoning By -Law
would involve substantial hardship, financial or otherwise,
to the Applicant (such hardship consisting of the fact that
there is no other place upon the subject premises where a
garage can be constructed), and that desirable relief may be
granted without substantial detriment to the public good and
without nullifying or substantially derogating from the
intent or purpose of the by -law (in that the requested relief
will permit the construction of a garage, which will be more
aesthetically desirable than the outdoor storage of an
automobile upon the subject premises, and a garage as an
accessory building is perm itted under the Zoning By -Law).
5. Relief granted hereunder is conditional upon the
proposed garage not being ued as an apartment or other
additional dwelling unit and not containing any living space.
6. For the reasons and upon the conditions set forth,
the BOARD OF APPEALS hereby GRANTS the Applicant relief from
Sections 5.1 and 5.3 of the Zoning By -Law by a VARIANCE, by a
UNANIMOUS vote.
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Dated: November 30, 1984
aj.,
i een I. Cahoon
William R. Sherma
Ly le L. Rickard
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
November 30, 1984
Re: EVELYN TRUBY (073 -84)
Enclosed, please find notice of a decision of the BOARD
OF APPEALS which has this day been filed with the Town
Clerk.
Any appeal from this action shall be made pursuant to
Section 17 of Chapter 40A of the General Laws, and shall
be filed within twenty (20) days after this date.
BOARD OF APPEALS
;Lydle L Ricka d, Chai /man
93
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
DECISION•
In the matter of the Application of EVELYN L. TRUBY
(071-84), at a meeting of the BOARD OF APPEALS held at 1:30
P. M. on Friday, November 2, 1984, and continued to 1:30 P.
M. on Friday, November 16, 1984, at the Town and County
Building, Nantucket, the Board enters the following Decision
and makes the following findings:
1. This is an application for a VARIANCE granting
relief from the requirements of Section 5.3 (Intensity
Regulations: side lot line) and Section 5.1 (Intensity
Regulations: ground cover ratio) of the Zoning By -Law. If
granted, the Applicant would be permitted to construct a new
garage, eleven feet wide and nineteen feet long, which would
be 3.0 feet from the side lot line ( five feet setback
required by the by -law) and which would, together with the
existing buildings upon the lot, cause the lot to have a
ground cover ratio of 33% (30% maximum permited by the
by -law). The subject premises consist of the property
approximately shown on Assessor's Map 41 as Parcel 519, are
located at 144 MAIN STREET, and are zoned as RESIDENTIAL -OLD
HISTORIC.
2. Based upon the application and the materials and
testimony presented at the public hearing, the Board finds
that the subject premises contain about 3,698 square feet and
contain a single - family dwelling, antedating the effective
date of the Nantucket Zoning By -Law, with ground cover of
1,019 square feet; the present ground cover ratio, computed
under the by -law, is 27.6 %. There is no garage upon the
subject premises. The Applicant proposes to construct a
detached garage, containing no living space and no additional
dwelling unit, between the westerly side of the existing
dwelling and the westerly boundary of her property, near the
end of the present driveway. The proposed garage would have
a ground cover of 209 square feet, for a total ground cover
for the lot of 1,228 square feet, or a ground cover ratio of
33.2 %.
3. Under the Zoning By -Law, the ground cover ratio
permitted in a Residential Old Historic District is 50 %.
However, the by -law further provides that a lot with a
previously existing structure which contains less than 5,000
►square feet is limited to 30% in ground cover ratio. This
Board rules that the applicable ground cover ratio permitted
upon the subject premises is 30 %. " 49W,,'
4. The Board finds, based upon a review of the
Application, supporting documents, plans, testimony,
correspondence, and a viewing of the subject premises, that,
due to circumstances relating to the shape or topography of
ti:
1
the subject premises, and especially affecting the subject
premises but not affecting generally the zoning district in
which they are located (such circumstances consisting of the
boundaries and dimensions of the subject premises, and the
location of the existing structure and walls thereon), a
literal enforcement of the provisions of the Zoning By -Law
would involve substantial hardship, financial or otherwise,
to the Applicant (such hardship consisting of the fact that
there is no other place upon the subject premises where a
garage can be constructed), and that desirable relief may be
granted without substantial detriment to the public good and
without nullifying or substantially derogating from the
intent or purpose of the by -law (in that the requested relief
will permit the construction of a garage, which will be more
aesthetically desirable than the outdoor storage of an
automobile upon the subject premises, and a garage as an
accessory building is perm itted under the Zoning By -Law).
5. Relief granted hereunder is conditional upon the
proposed garage not being ued as an apartment or other
,additional dwelling unit and not containing any living space.
6. For the reasons and upon the conditions set forth,
*` the BOARD OF APPEALS hereby GRANTS the Applicant relief from
Sections 5.1 and 5.3 of the Zoning By -Law by a VARIANCE, by a
UNANIMOUS vote.
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Dated: November c30, 1984
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i een 1. Cahoon
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William R. Sherma
Ly le L. Rickard
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NOTICE
A Public Hearing of the BOARD OF APPEALS will be held
on FRIDAY,/00L)6 602 2, 1984 at 1:30 p.m. in the TOWN AND COUNTY
BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET on the Application
of EVELYN L. TRUBY (073 -84) seeking a VARIANCE under SECTIONS
5.1 and 5.3 (intensity regulations and ground -cover ratio and
side -line set -back) of the Zoning By -Law. If granted, the
Applicant would be able to construct a new garage which will
be 3 (three) feet from the side lot line and increase the ground
cover ratio to 33 %. The property is located at 144 MAIN STREET,
Assessor's Plan 41, Parcel 519 and is zoned RESIDENTIAL -1.
Ly�. Rick?d".e-
Chairman
BOARD OF APPEALS
FF.E $100.00
Case No. 0?-3- O
APPLICATION TO THE BOARD OF APPEALS
Nantucket, Aiassachu_et.
To the members of the Board of Appeals:
The undersigned hereby applies for relief from the terms of the
(ZONING BY -LAW) on property described below:
Location of Property 144 Main Street (-Assessor's Plan 41, Parcel 519
Lot No.
- -- Plan No. - -- -
District is zoned for Residential (R -1)
Type of structure (Existing or Proposed) or proposed use: New garage
Owner's Name Evelyn L. Truby
Owner's Address 144 Main Street, Nantucket, Massachusetts 02554
When did you acquire this property? February 25, 1969 —
Fias application been filed at Building Department? No
Has any previous appeal been made? NO Section 5.3 (In-
Section of By -Law or Code from which relief is requested:
Regulations:
tensity Regulations: side lot line); Section 5.1 (Intens -
Peason for asking relief: Applicant seeks a variance from the above pro-
visions to construct a new garage in compliance with the plans submitted
which will be 3.0 feet from the side lot line (5 feet required by by -law) and
which will cause the lot to have a ground cover ratio of 330 (30o required by
by -law).
Applicant's attorney:
at re of ap c t
Arthur I. Reade, Jr. Ve y ru y
168 Milk Street
Boston, Massachusetts 02109 Telephone: 423 -48 0 or 228 -3128
ATTACH: (1) A list of the names and addresses each abutting o v er
abutters, and owners within 300 feet.
and owner abutting the
(2) A check in the amount of $100.00 made payable to the Town
of Nantucket.
f the application and a map or plan showing
(3) Four copies o
the location of the property to be considered.
(4) If the applicant is other than the owner, please indicate
your authority to make this application.
BOARD'S DECISION
Application submitted to Board
Advertising dates
Hearing date (s)
Decision of Board_ - -- --
Decision filed with the Town Clerk