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Home My WebLink About138-86W TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Oecemb er I el i q,?& Re: MARTIN LEVINE (138 -86) 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. L' -1e � � � —, �: �C4 � �— � William R. Sherman, Chairman BOARD OF APPEALS TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 nPOTCTr)XT- In the matter of the Application of MARTIN LEVINE (138 -86) , at a meeting of the BOARD OF APPEALS held at 1:30 P.M. on Friday, December 12, 1986, 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 Special Permit under §139 -33.A (Expansion of Preexisting Nonconforming Structure) . The Applicant requests relief to permit him to expand his existing single- family dwelling situated within the required front yard setback by adding a second story and constructing a lateral addition. The premises are located at 45 MASSACHUSETTS AVENUE (Assessor's Parcel 60.3.4 - 98) , Land Court Plan 2408 -W, Block 17, Lots 19, 20, 21 and 22, and are zoned RESIDENTIAL -2. 2. The evidence presented at the hearing showed that the premises contain about 9,000 square feet; 20,000 square feet are required by the by -law. The dwelling upon the premises is locatea within nine feet of the line of Massachusetts Avenue, poorly - defined on the ground and unpaved. The front yard setback required by the by -law is thirty feet. The applicant represents that he has presented plans to the Historic District Commission for the expansion of the building by adding a second story; and that the HDC approved the plans, after requesting and receiving a change in the plans to expand the building laterally for aesthetic reasons. Page 1 of 3 The applicant proposes to expand the building without increasing the number of bedrooms from the present one bedroom. He relates that jeep traffic by users of the beach at Madaket impairs use of the present first -floor bedroom. 3. Opposition was registered by several neighboring owners, on the grounds of wetlands protection concerns, diminution of property values, and impairments of view. The applicant relates that he has already secured Conservation Commission issuance of an Order of Conditions, albeit he will have to submit a new application because of the HDC- requested lateral expansion. He argues that diminution of property values and impairment of views are not legitimate concerns of zoning. 4. An inspection of the site reveals that certain beach cottages in the neighborhood, including the one immediately adjacent to the premises and closer to the beach, and one across Massachusetts Avenue, are already two stories, and are higher than the building upon the premises would become if expanded as proposed. Accordingly, we find that the proposed addition will not be substantially more detrimental to the neighborhood than the existing nonconforming structure, and that it will be in harmony with the general purpose and intent of the by -law. 5. The relief hereby granted is upon the conditions that the proposed addition not exceed 21 feet in height above grade level; that the dwelling, as expanded, be a one - bedroom dwelling; and that all requisite Board of Health, Historic District Commission and Conservation Commission (or Department of Environmental Quality Engineering) approvals be duly secured prior to construction of Page 2 of 3 the proposed addition. 6. For the reasons and upon the conditions set forth, the BOARD OF APPEALS hereby GRANTS the Applicant relief under zoning by -law §139 -33.A, permitting the Applicant to construct an addition to the existing structure upon the premises with horizontal and vertical expansion in the plane of the present front face of the existing structure, by a SPECIAL PERMIT, by an UNANIMOUS VOTE. d�Dated: tjetp 1986 William R. Sherma Andrew J. Lelddy, Jr. IJ 1 Dale W. Waine Page 3 of 3 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on Friday, November 21, 1986, at 1:30 P.M., in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of MARTIN LEVINE ( 131 -86) , seeking a SPECIAL PERMIT under Nantucket Code §139 -33.A (Alteration of Pre - existing Nonconforming Structure) , to permit the alteration of the Applicant's existing one -story single- family dwelling by adding a second story and continuing the present front face of the building upward and laterally, notwithstanding the fact that the present front yard setback is about nine feet; thirty feet are required by §139 -16.A of the by -law. The premises are located at 45 MASSACHUSETTS AVENUE (Assessor's Parcel 60.3.4 -98), Land Court Plan 2408 -W, Block 17, Lots 19, 20, 21 and 22, and are zoned RESIDENTIAL -2. . 1 c William R. Sherman, Chairman BOARD OF APPEALS AB -1 FEE $100.00 Case No. APPLICATION TO THE BOARD OF APPEALS Nantucket, Massachusetts To the Members of the Board of Appeals: The undersigned }icreby applies for relief from the terms of the (ZONING BY- LAW)(BUILDING CODE) on property described below: Location of Property 45 Massachusetts Avenue, Madaket (60.3.4 -98) Lot No. Block 17, Lots 19, 20, 21 & 7.2 Plan No. 2408 -W District is zoned for Residential -2 _ Type of structure (Existing or Proposed) or proposed use: Single - family dwelling Owner's Name Martin Levine Owner's Address c/o Reade & Alger, P.C., Post Office Box 2669, Nantucket, Massachusetts When did you acquire this property? March 12, 1984 02584 Has application been filed at Building Department? No Has any previous appeal been made? No _ Section of By -Law or Code from which relief is requested: §139 -16.A (Alteration of Pre - Existing Nonconforming Structure) Reason for asking relief: Applicant desires to alter his existing one -story dwelling by adding a second story and continuing the present front face of the building upward and laterally, notwithstanding that the present front yard setback is about nine feet; thirty feet are required by §139 -16.A of the by -law. Signature of applicant MARTIN LEVINE ATTACH: (1) A list of the names and addresses of each a uu t Kner and owner abutting the abutters, and owners within 300 feet. (2) A check in the amount of $100.00 made payable to the Town of Nantucket. (3) Four copies of the application and a map or plan showing 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 Advertisinq dates Hearing date(s) Decision of Board Decision filed with the Town Clerk ��uue hJ. .cal, Qir� Tex�r/�,�v 6L AY"toFJ N. ;� WAEJ GY M. FI-A,& & z OON�mj L �Pt - - � -r-) �r-7 R+�CI�TINto DB6K� YrST114C,-,,NED LL Q Q Nl, U� z � P' P�t1.�t OF�XtSrtl.lfo � Ui oi.tesT�Y +�oc��f �D►Tton1 Q L N E or- ADD rrlo0 J -{.- Ur,.is ECs Pt.�wS ! NEW - PEI -+C; f ►ov Dot ',IA N U � ET 4VE, ,1 TOVTPl OF P1Pt'iVIC'KET n interest in the matter of the Petition of: List of Part- .,s i Name: Martin Levine Address: c/o Reade & Al er Professional Cor P•O• Box 21 ;'roperty Address: 45 Massachusetts Avenue (60.3.4 See attached list. 02584 1 certify the foregoing is a list of persons who are owners of land abutting the pronertv and owners of land directly opposite the property on any street or way, and owners of land within 300 feet of the property a4l.as they appear on the most recent applicable TAX list. November 1986__ Dates ; . Assessor- Town of ,Nand .1�� eEt( OFFICE OF THE BOARD OF ASSESSORS TOWN OF NANTUCKET MASSACHUSETTS ABUTTERS LIST Fred M. & Joanne B. Rogers 5023 Frew Ave. Pittsburgh, PA 15213 Donn & Eileen R. O'Connell POB 110 Boston, MA 02114 Crown Realty Trust c/o Janice Cuddy Tr. 131 State Street Boston, MA 02109 Carol M. Lane & Margaret E. Kavanaugh 351 Whitehall Road Albany, NY 12208 John K. Pitcher 3016 Timber Ridge Rock Hill, SC 29730 Diane R. & Ronald G. Russo & Nancy & John F. Conforti 1410 Glenwood Road Brooklyn, NY 11230 Irma Lee Anapol 1115 Tucker Road No. Dartmouth, MA 02747 Anna H. Mankovits 733 South Street Roslindale, MA 02131 Town of Nantucket Nantucket, MA 02554 Rhoda Weinman 36 Center Street Nantucket, MA 02554 Frank J. & Frances H. Casey 100 Knollwood Road No. Quincy, MA 02171 William Kellar 174 Webster Street West Newton, MA OFFICE OF THE BOARD OF ASSESSORS TOWN OF NANTUCKET MASSACHUSETTS Lilian G. Stevens 19 Milton Square Hyde Park, MA Wilbor J. Rogers 57 Pond Street Natick, MA Marion E. Haliburton 59 Frost Street Cambridge, MA Renee Laprade Larson 305 Middle Street Braintree, MA 02184 Nantucket Conservation Foundation 118 Cliff Road Nantucket, MA 02554 James J. Heneghan 199 Mountain Road No. Granby, CT 06060 Martin Levine 2316 Post Road Fairfield, CT 06430