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HomeMy WebLinkAbout035-88BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, APRIL 29, 1988 at 1:30 p.m. in the Town and County Building, Nantucket, made the following decision upon the Application of RICHARD M.SCAIFE (035 -88) address c/o Reade and Alger, Box 2669, Nantucket, MA 02584. 1. Applicant seeks a SPECIAL PERMIT under SECTION 139 -33A of the Zoning By -Law, to alter and extend a pre- existing, non - conforming single - family dwelling by adding, at a height exceeding the 30 feet above mean grade allowed by Section 139 -21, some or all of the following: (a) as ornamental roof structures, a balustrade around the perimeter of the existing flat roof atop the dwelling, the flat roof then providing a roof walk, with (b) a floorless, 7 -foot octagonal cupola centrally of the balustrade affording access to the flat roof via a winder stairway; also (c) a front gable with lateral dormer providing enlarged living space at the front of the house. 2. The premises are located at 17 LINCOLN AVENUE, Assessor's Par- cel 30 -118, Land Court Plan 8751 -H, Lot 1, zoned RESIDENTIAL -1. 3. Our findings are based upon the Application papers, viewings, submissions from neighbors and scaled model, photoprints, plans, repre- sentations and testimony received at our hearing of March 28, 1988. The matter was taken under advisement to our meeting of April a9, 1988, for decision after deliberating upon the somewhat unusual circumstances presented to us _! a ( 035 -88 ) -2- 4. The premises comprise a generally trapezoidal lot with the shortest side providing arcuate frontage on Lincoln Circle and the lot sloping away to the rear with increasing steepness toward the rear lot line and toward Nantucket Sound. Besides the 2 1/2 story dwelling on the north side of the lot, a 1 1/2 -story secondary dwelling is located in the SW corner of the lot, without proper setbacks from the front and side lot lines and without the 12 -foot front -to -rear spacing required by zoning Section 139- 7A(2)(b) relative to the principal dwelling. S. The principal dwelling is non - conforming, not only in its relationship to the secondary dwelling but also in having a height above mean grade exceeding 30 feet. According to Applicant's representations, the flat roof is about 40 feet above mean grade and about 34 feet above the lot contour (the "front grade ") immediately in frontof the dwelling. 6. With support from an abutter's letter in this record, Applicant represents that the building predates Nantucket's mid -1972 adoption of zoning. We are told that the building had, prior to 1938, been an annex (the "Tavern ") to the Seacliff Inn, then sited to the south in the Cliff area. The premises were purchased by Applicant November 16, 1987. He has since commissioned an architectural design firm to rehabilitate the dwelling. 7. The flat- roofed dwelling is generally agreed to be architectur- ally awkward and not in conformity with the guidelines of the Nantucket Historic District Commission ( "HDC "). According to HDC letter of 3/28/88, Certificate of Appropriateness 17,971 was issued by the HDC to Applicant after considering each of the elements for which relief is sought here. After concluding that the requested relief should be granted the letter states: "To remove the cupola and reduce the gable in question would diminish the integrity of the approved design." Wei of course, defer to the HDC in aesthetic matters to the extent • (035 -88) -3- they do not give rise to zoning violations. 8. Applicant calls to our attention various other large homes in the Cliff area, a number of which are said to exceed the 30 -foot height limitation. At least one in a proferred photoprint has a roof walk. Another, viewed at 14 Lincoln Avenue, has a balustrade around a high roof of low pitch angle. Their status as to conformity with zoning is not of record. None in the neighborhood has a cupola. 9. Submissions from neighbors range from full endorsement to unqualified objection. One sees the "lantern" or cupola as not in keeping with the architecture of the neighborhood. Another expresses objection to infringement of the height by -law, speaking of "growing excesses that are plaguing Nantucket and threatening its future ". Another regards the cupola as a "touch of elegance ". 10. In the Zoning By -Law Section 139 -21 setting the 30 -foot height limitation, "roof structures for ornamental purposes" are excepted. In the context of the height limitation, however, we think this exception applies only if the roof carrying the ornamentation does not itself exceed the 30 -foot limit. As noted below, we favor the proposed balus- trade as shown in the HDC drawings, but not accepting here that it falls within the ornamental exemption. It is simply the least obtrusive archi- tectural element proposed to meet the aesthetic requirements of the HDC, with minimum neighborhood detriment. 11. No reason is advanced, in this record, why building mass cannot be rempved, rather than added above 30 feet to achieve an aesthe- tic improvement. To the extent the balustrade may serve functionally to define a roof walk, a hatch and not a cupola is the usual means affording access. 12. We are mindful of warrant Article 93 proposing a clarifying amendment of Section 139 -21 for Annual Town Meeting consideration starting May 17, 1988. If approved, roof walks and Cupolas would be permitted to exceed the 30 -foot height limitation "to an extent reasonable and r . t ( 035 -88 ) -4- customary„. 13. Applicant here has not requested relief by variance, apparent- ly recognizing that any hardship arising with the proposed architectural changes is of Applicant's own making. Whether relief is available here to Applicant by Special Permit, and not the usually necessary variance, is not spelled out in our zoning code. 14. For relief by Special Permit under Section 139 -33A, we must find not only a pre- existing, non - conforming structure, as noted above, but also: (a) that the proposed increase in the non - conforming nature of the structure is not substantially more detrimental to the neighborhood, than the existing use, and (b) that the proposed Special Permit relief is in harmony with the general purposes and intent of the zoning chapter. Test (a) is best understood as presuming comparable states of building condition with and without the alteration. Unquestionably, an expensive rehabilitation of a rundown building can enhance a neighborhood. The question here is one of detriment after rehabilitation to the extent it also increases the height non - conformity. 15. From the submissions of neighbors and our viewings, we con- clude that the proposed increases in building mass above the 30 feet would be substantially more detrimental to the neighborhood, thus barring the about 10 -foot long gable at near 40 -feet height and the cupola above that height. We would, and do, approve a new front gable to the extent it is below a 30 -foot height measured from the noted front grade (thus no more than about 34 feet above mean grade). The balustrade lacks the appearance and connotation of mass while going far toward answering the aesthetic concerns present here. We find neither the balustrade nor such a below.30' front gable substantially more detrimental to the neigh- borhood but, rather, each meets these requirements for Special Permit relief. I 1 V. (035 -88) -5- 16. Increases in building mass at a height above 30 feet directly conflict-with the Section 139 -21 height limitation. Accordingly, relief for such increases cannot be in harmony with the general intent of the Zoning By -Law. The gable extends living space in this wood -frame dwelling to a height where safety in case of fire or other calamity is diminished. In that respect and, to some extent in diminishing general welfare by increased vertical intensity, a lack of harmony with the general purposes of the By -Law is also found. 17. On the foregoing basis, this Board by UNANIMOUS vote GRANTS to Applicant the requested SPECIAL PERMIT under SECTION 139 -33A to allow addition of the balustrade about the flat roof to form a "roof walk" and to allow a new front gable extending no higher than 30 feet above front grade, and DENIES all other relief requested. Dated: May 13, 1988 Nantucket, MA 02554 `��'( ' /�V -� / ) l� l.� ✓:-i 'fit' William R. Sherman Dorothy D. Vollans L Cu- Dale W. Waine NOTICE A Public Hearing of the BOARD OF APPEALS will be held on Monday MarchcW, 1988, at 1:30 P.M. , in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the application of RICHARD M. SCAIFE ( 035--88), seeking a SPECIAL PERMIT under Zoning By -Law Section 139 -33.A (Alteration of Pre - existing Non- Conforming Structures), to allow alteration of a single- family dwelling, claimed to pre -exist the zoning by- law, by adding an addition exceeding the maximum height of 30 feet under Section 139.21, but of the same heiiit as the existing roof line, and the construction of an ornamental roof structure. ':ze LDremises are located at 17 LINCOLN AVENUE (Assessor's Parcel 30 -118), Land Court Plan 8751 -H, Lot 1, and are zoned as Residential -1. n Act'ng Chairman BOARD OF APPEALS 7 d" 130A form 1 -87 ARPELCATION- NANTUCKET "ZONING BOARD OF APPEALS ( "BOA ") NoC� Owner's name(s): Richard M. Scaife Mailing address: c/o Reade & Alger Professional Corp., Post Office Box 2669, Nantucket, MA Applicant's name Mailing address: Location of lot(s): Assessor's map and parcel: 30 -118 Street address 17 Lincoln Avenue Registry LC PL, PL BK & PG, PL FL8751 -H Lot 1 Deed ref e8771 Subdivision no Endorsed _ /_/ ANR? no Date lots) acquired: 11/16/ 87 Zoning district Residential -1 Number of dwelling units on lot(s): two Rental guest Looms no Commercial use on lot(s): no MCD? no Building date(s): all pre -172 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: Applicant requests a Special Permit under Nantucket By -Law Section 139 -33.A (Alte=ration of Preexisting nonconforming structure),to permit the alteration of a sincile-family dwelling now exceeding 30 feet in height above mean grade to permit construction of an addition to the same level as the existing roof line, and,to the extent relief is required, to permit construction of an ornamental roof structure consisting of a cupola and walk. Enclosures forming part of this Application: Supplement Go above Site /Blot plan(s) X with present /proposed structures X Locus map Floor plans present /proposed Appeal.record' Needed: areas frontage setbacks GCR% parking data Assessor's certified addressee list (4 sets) X .Mailing labels) (2;,.se't-s)_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 truo to tie best of my k owledge, under pains and penalties of perjury.; Signature: 1 -�Q�Z Applicant- Attorney /agent X (If not owner, show basis for authority•to� apply:) FOR 01'FICE USE C- ¢`r-C� Application copies received: 4((or o ) fo BOA 3/�/ One copy given Town Clerk by Complete? - C One copy sent to Planning Board and to Buildi g Dept. �-� by $150.00 check given Town Treasu er� /? � — Notices of hearing posted /A /mailed I /2/_ publishe� _/1F / �/ Ilearing(s) held on _ /_ /_ continued to _ /_ /_, _ /_ /_ withdrawn? Decision made _ /_ /_ filed with Town Clerk _/ /_ mailed See related files: application - litigation - other