HomeMy WebLinkAbout011-88TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
February 4 , 1988
Re: Decision in the Application of
DAVID M. LILLY AND PERRIN B. LILLY (011 -88)
Enclosed is a notice of the 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.
cam- ----
William R. Sherman, Chairman
BOARD OF APPEALS
t
cc: Building Commissioner
Planning Board
Town Clerk
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02554
DECISION:
The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, FEBRUARY
59 1988 at 1:30 p.m.in the Town and County Building, Nantucket, made the
following Decision upon the Application of DAVID M. LILLY AND PERRIN B.
LILLY (011 -88) address /Reade and Alger, Box 2669, Nantucket, MA 02584.
1. Applicants seek a SPECIAL PERMIT under Zoning By -Law SECTION
139 -33A to alter and extend a pre- existing non - conforming single- family
dwellinIN specifically, by adding a dormer on the northerly side within
the required 10 -foot front -yard setback. The footpr nt of the structure is
not to be changed. The premises are located at harborside, 55 HULBERT AVE-
NUE, Assessor's Parcel 29 -012, Land Court Plan 14811 -A, zoned RESIDENTIAL -1.
2. Our findings are based upon the Application papers including a
set of 4 "working drawings, Project ;8704" (our Exhibit "A ") and site
plan, viewing, correspondence and representations and testimony received
at our hearing.
3. We find that the building pre -dates mid -1972 zoning, having
been purchased by Applicants 5/5/58. From the site plan, the building is
seen as exceptional in the degree of its non - conformity, extending as much
as 7.9 feet into James Street, an unpaved way terminating in the harbor
at ifs northerly end adjacent Applicants' beachfront. James Street of
perhaps 40 -feet width separates Applicants' lot from their westerly abutter.
A garage within Applicants' front yard off Hulbert Avenue also extends
into James Streets at the corner.
4. Applicants' remodeling is not within the statutory exception
allowing alterationof single- family dwellings without need of Special
Permit because here the nature of the non - conforming structure is increased.
However, Applicants so qualify under the 1982 amendment to Section 139 -33A.
Where the (pre) existing structure violates the front -yard setback distance,
we may allow its extension by Special Permit, provided that the non-con-
forming distance is not made more non - conforming and we find that the ex-
tension will not be substantially more detrimental to the neighborhood.
(011 -88) -2-
6. The specifically- referred -to northerly dormer projects from the
upper roof as best seen on the north and west elevations of Exhibit "A ".
That dormer does not increase the non - conforming intrusion into James
Street. Neither that nor other of the new dormers which may increase the
non - conforming nature of the structure do so to the detriment of the
neighborhood. Spacings are ample, Applicants' 13,300 SF lot area is more
than twice the required 5000 SF.
7. Accordingly, we affirm those findings.
8. By UNANIMOUS vote this GRANTS to Applicants the requested SPECIAL
PERMIT under SECTION 139 -33A to construct the proposed alterations and
extensions in substantial conformity with Exhibit "A ".
Dated: February 1� , 1988
Nantucket, MA 02554
/ /,
William R. Sherman
�nlr-1;1192 2. Le"
Andrew J. Leddy, Jr.
Dorothy D. Vollans
( �// -'pe)
N O T I C E
A Public Hearing of the BOARD OF APPEALS will be held
on FRIDAY,Y-f&..UARY 5', 1988, at 1:30 P.M. in the TOWN AND COUNTY
BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application
of DAVID M. LILLY and PERRIN B. LILLY -88), seeking
a SPECIAL PERMIT under Zoning By -Law Section 139 -33.A (Alteration
of Pre- existing Non - conforming Structures) to enable addition
,., ;Z j Q Sr�
of a dormer within the required A t n -foot front yard setback,
without changing the footprint of the existing single- family
dwelling.
The premises
are located
at 55 HULBERT
AVENUE
(Assessor's
Parcel 29 -12),
Land Court
Plan 14811 -A,
and are
zoned as RESIDENTIAL -1.
William R. Sherman, Chairman
BOARD OF APPEALS
BOA Form 1 -87
No
ARPL'LCATTON
NANTUCKET ZONING BOARD OF APPEALS ( "BOA ")
Owner's name(s): David M. Lilly and Perrin B. Lilly
Mailing address: c/o Reade & Alger PC, P. O. Box 2669, Nantucket, MA 02584
Applicant's name
Mailing address:
Location of lot(s): Assessor's map and parcel: 29 -12
Street address 55 Hulbert Avenue
Registry LC PL, , 14811 -A Lot --- Deed ref. Cert. 4253
Subdivision No. Endorsed /_ /_ ANR? --
Date lot(s) acquired: 5 / 5/ 58 Zoning district Residential -1
Number of dwelling units on lot(s): One Rental guest tooms None
Commercial use on lot(s): None MCD? No
Building date(s): all pre -'72 zoning? Yes or
Building permit application Nos, and dates C of 0?
Case No(s). or dates all prior BOA applications: None
State fully all zoning relief sought together with all respective Code sections
and subsections, specifically, what you propose compared with present and
what grounds you urge, for BOA to make each finding per Section 139 -32A if
Variance, -30A if Special Permit, -33A if to alter or extend non - conforming
use, or to reverse Building Inspector by;Appeal per -31A & B:
Applicants request relief by Special Permit under Zoninq By -Law Section 139 -33.A (Alteration
of Pre- existin Non - conforming Structures), to enable the alterati.ng of their pre-existinq
non - conforming single- family dwelling by adding a dormer on th northerly side, within the
required ten -foot front yard setback, without change in footprint of the structure.
Enclosures forming part of this Application: Supplement to above
Site /plot plan(s) _ X with present /proposed structures X
Locus map Floor plans present /proposed Appeal.record
Needed: areas frontage setbacks CCR% parking data
Assessor's certified addressee list (4 sets) X Mailing labeis)(2 sets)_X
Fee check for $150.00 payable to Town of Nantucket X "Cap" covenant
I certify that the requested information submitted is substantially complete
and true to e best of my know edge, under pains and penalties of perjury.;
Signature: Applicant Attorney /agent X
(If not own r, show basis for authority to apply:)
FOR OFFICE USE
Application copies received: 4((or only [/ ) fo BOA /tl /by Y
One copy given Town Clerk 4-1 y Complete?
One copy sent to Planning Board and to B.i ''ng Dept. J-,," by
$150.00 check given Town Treasu r
Notices of hearing posted 1 /// mailed _Z/L//,� published /�� /; 41 _%�
Hearing(s) held on _ /_ /_ continued to _ /_ /_, _ /_ /_ withdrawn?
Decision made / / filed with Town Clerk / / mailed
See related files: application - litigation - other