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Home My WebLink About043-88,TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 May 13 , 1988 Re: Decision in the Application of PETER LAUDERBACK (043 -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. William R. Sherman, Chairman BOARD OF APPEALS 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, APRIL 29, 1988 at 1:30 p.m. in the Town and County Building, Nantucket, made the following decision upon the Application of PETER LAUDERBACK (043 -88) address 12 Woods Lane, Cha.thnm, NJ 07928. 1. Applicant seeks a SPECIAL PERMIT under Zoning By -Law SECTION 139 -16C to reduce the required 10 -foot SW side lot line setback to about 9.2 feet (preferably, to 8 feet) to allow addition of a solarium on the southwesterly side of his single- family dwelling. The premises are located at 4 BAYBERRY LANE, Assessor's Parcel 67 -058, Plan 36712 -B, Lot 2, and zoned RESIDENTIAL -2. 2. Our findings are based upon the Application papers including 11/4/87 plot plan and 5 -page photocopy of HDC plans per Certificate of Appropriateness 16513 (together forming our Exhibit "A "), and representa- tions, testimony, counsel's memorandum and 4 photoprints received at our hearing. 3. Applicant's existing one -story dwelling is sited on the 64,417 SF lot toward the rear and about 23 feet from the southwesterly side lot line. In the R -2 District, minimum lot size is 20,000 SF and side -yard setback is to be at least 10 feet. However, a footnote to Section 139 -16C allows reduction of that 10 -foot setback to 5 feet by Special Permit. A reduction to 9.5 feet would just accommodate the proposed 14' x 21', one - story solarium, and to 8 feet would provide an appropriate margin. 4. Applicant represents that a relatively dense stand of vegeta- tion will remain along the SW lot line to screen the solarium from abutters to the south and west. Issuance of the Certificate of Appropriateness by the Historic Districts Commission ( "HDC ") supports an assertion that the altered dwelling will be in conformity with neighborhood architectural a (043 -88) -2- styles. Arguably, the solarium will add passive -solar energy savings. 5. The Planning Board's recommendation was favorable. No neighbor- hood objection was heard. 6. Accordingly, we find that the relief sought would be in harmony with the general purpose and intent of the Zoning By -Law. 7. By UNANIMOUS vote, this Board GRANTS to Applicant the requested SPECIAL PERMIT under SECTION 139 -16C reducing the southwesterly side yard setback to 8 feet where necessary to accommodate the proposed solar- ium in substantial conformity with Exhibit "A ". Dated: May 13, 1988 Nantucket, MA 02554 William R. Sherman Dorothy D. Vollans & W , U Dale W. Waine NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, APRIL 29, 1988 at 1:30 p.m. in the TOWN AND COUNTY BUILDING FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of PETER LOUDERBACK (043 -88) seeking a SPECIAL PERMIT under SECTION 139 -16C to reduce the required 10 -foot side lot line setback to about 9.2 feet allow addition of a solarium on the southwesterly side of his single - family dwelling. The premises are located at 4 BAYBERRY LANE, Assessor's Parcel 67 -058, Plan 36712 -B, Lot 2 (Share 11 and 12), zoned RESIDENTIAL -2. William R. Sherman, Chairman BOARD OF APPEALS bUl1 roan 1 -CSI ' ARPEICATION'' NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") Nov / - Owner's name(s): PETER LOUDERBACK Mailing address: 12 WOODS LANE, CHATHAM, NJ 07928 Applicant's name : SAME Mailing address: Location of lot(s): Assessor's map and parcel: 67 -58 Street address 4 BAYBERRY LANE Registry LC PL, PL BK & PG, PL FL CT 8896 Lot Deed ref. Subdivision 36,71213 (Lot 2) Endorsed 1 / 7/ 71 ANR? Date Lot(s) acquired: 9/ 79 Zoning district R -2 Number of dwelling units on lot(s): ONE Rental guest kooms N/A Commercial use on lot(s): N/A MCD? tdilding date(s): all pre -'72 zoning? YES or Building permit application-Nos. and dates C of 07 Case No(s). or dates all prior BOA applications: NnNr State fully all zoning relief sought top,ether with all respective Code section, 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: OWNER WISHES TO ADD A SOLARIUM TO THE SOUTHWEST SIDE OF HIS ROUSE, WHICH WILL RESULT IN A SETBACK OF LESS THAN TEN FEET AND GREATER THAN FIVE FEET. OWNER SEEKS A SPECIAL PERMIT PURSUANT TO 9 1.39 -30 AND 139 -16 TO REDUCE THE MIEN FOOT SIDE LOT SETBACK IN AN 1C -2 DiSTP11(;T AND STATES THAT THE PROPOSED ADDITION IS IN HARMONY WITH THE, GENERAL PURPOSE AND INTENT OF THE ZONING CODE. Enclosures forming part of this Application: Supplement to above Site /plot plan(s) with presenr//proposed structures Locus map `J Floor plans present /proposed Appeal. record Needed: areas ,6dcc frontage 7s setbacks /,0 GCR% 1�2, S parking data Assessor's certified addressee list (4 sets):: Mailing -labels) E2:.sets Fee check for $150.00 payable to Town of Nantucket !/ 'Cap" covenant I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under pains and penalties.'of perjury. Signature: --ems Applicant Attorney /Agent l/ (If not owner, show basis for authority to- apply-:) Attorney for Owiiet�' William H. Brown II, Latanzi, Spaulding & Landreth, P.O. Box E, Nantucket, ..A nnC C / n 10 !1C C � / wiA r orm 1-61 No.- - APPEICAIION'- NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") Owner's name(s): PETER LOUDERBACK Mailing address: 12 WOODS LANE, CHATHAM, NJ 07928 Applicant's name : SANE Mailing address: Location of lot(s): Assessor's map and parcel: 67 -58 Street address 4 BAYBERRY LANE Registry LC PL, PL BK & PG, PL FL C'T 8896 Lot Deed ref. Subdivision 36,71213 (lot 2) Endorsed 1/ 7/ 71 ANR? Date tot(s) acquired: 9/ 79 Zoning district R -2 Number of dwelling units on lot(s): ONE Rental guest kooms N/A Commercial use on lot(s): N/A MCD? wilding date(s): all pre -'72 zoning? YES or Building permit application-Nos. and dates C of 07 Case No(s). or dates all prior BOA applications: _NnNr State fully all zoning relief sought together with all respective Code section: 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: OWNER WISHES TO ADD A SOLARIUM TO THE SOUTHWEST SIDE OF HIS HOUSE, WHICH WILL RESULT IN A SETBACK OF LESS THAN TEN FEET AND GREATER THAN FIVE FEET. OWNER SEEKS A SPECIAL PERMIT PURSUANT TO q 139 -30 AND 139 -16 TO RI;DUC1 'I'III ;; 'I'P,I1 IUO'I' SIUI im'r SE'rI;ACK IN AN R -2 DISTVICT AND STATES THAT THE PROPOSED ADDITION IS IN HARMONY WITH THE' GENERAL PURPOSE AND INTENT OF THE ZONING CODE. Enclosures forming part of this Application: Supplement bo above Site /plot plan(s) q with present proposed structures Locus map Floor plans present /proposed Appeal.record Needed: areas -x,Qoe frontage 7s setbacks /,0 GCR% 1.2, S parking dal3ta� Assessor's certified addressee list (4 sets):: Mailing labels) (2:•sets Fee check for $150.00 payable to Town of Nantucket 'Cap" covenant I certify that the requested information subF.itted is substantially complete and true to the best of my.knowledge, under pains and penalties.'of perjury. Signature:�__� gay, Applicant Attorney /Agent l/ (If not owner, show basis for authority=to:apply-.)'., Attorney for Owner( -,�, William H. Brown II, Latanzi, Spaulding & Landreth, P.O. Box E, Nantucket,