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Home My WebLink About068-88o &s? - &T TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 July 2 <), 1988 Re: Decision in the Application of HOBART FAMILY TRUST, WILLIAM H. AND JULIA HOBART, TRUSTEES (068 -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: At a public hearing of the BOARD OF APPEALS on Friday, July 8, 1988 at 1:30 p.m. in the Town and County Building, Nantucket, on the Application (068 -88) of HOBART FAMILY TRUST, WILLIAM H. and JULIA HOBART, TRUSTEES, with address at 250 Ridge Avenue, Troy, Ohio 45373. 1. Applicant seeks a Special Permit under zoning Code Section 139 -33A to extend its single - family dwelling by construction of a 20' x 14.5' addition to extend easterly from the northerly wing of the dwelling. The 20 -foot length of the addition shall be no closer than 4.5 feet from the northerly lot line; hence, it shall not be more nonconforming than the wing having as little as a 4.2 -foot setback from the lot line. 2. The premises are located at 25 More- Lane, Siasconset, Assessor's Parcel 73.3.2 -038 and 39.2, Land Court Plan 14105 -B (& C pending), in the zoning district RESIDENTIAL -2. 3. Our findings are based upon the Application papers, also site or topographical plan dated 5/31/88 (our Exhibit "A -111) marked to show footprint of the addition and existing and proposed floor plans (our Exhibits "A -2 11and "A -311) received at our hearing together with testimony and representations. According to Exhibit "A -311, the proposed addition will extend 24 feet (not 20 feet) eastward from the northerly wing. The relief granted here is correspondingly increased, thus to include the 4' of laundry and closet area as well as the 20' of bathroom and bedroom. Exhibit "A -3" also shows a new 516" x 19' deck in the easterly- facing recess between the addition and an easterly bedroom. The relief granted will include such deck as well. The addition, like the existing dwelling, is single story only and is within allowable ground cover ratio. 4. Applicant represents that the dwelling pre -dates the mid -1972 adoption of zoning, making it a pre- existing, nonconforming structure for purposes of Special Permit relief under Section 139 -33A. Having received one neighbor's letter in favor and heard no opposition, we find that the proposed addition is not substantially more detrimental to the neighborhood than the existing structure. The relief requested is in harmony with the general purpose and intent of the zoning chapter. 5. We noted that Section 139 -33A, read literally, would require that Applicant also obtain relief by Special Permit allowing the alteration and extension of nonconforming Lot 1 by merger with Lot 6. While Lot 1 is said to date from 1961, Lot 6 was created in 1987 with Planning Board endorsement 'approval not required`. Before merger of the lots, Lot 1 was undersized and lacked the frontage required by Section 139 -16A. With merger of the lots, the minimum lot area requirement is satisfied but not frontage, Applicant relying upon an easement extending across Assessor's Parcel 73.3.2 -039 for access to Morey Lane. Counsel for Applicant took the position at the hearing that no Special Permit relief is required by Section 139 -33A when an undersized lot is simply extended so as to become more conforming as to lot area. 6. In any event, having made the requisite findings for the relief requested by Applicant, this Board by UNANIMOUS vote grants to Applicant the Special Permit under Section 139 -33A to construct the proposed addition to the single- family dwelling in substantial conformity with Exhibit "A ". Dated July ;,g, 1988 Q___A r, ;,tA A �( C �ar4h/ ; l eal'e avid Leggett Ann IBalas - 2 - NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, JULY 8, 1988 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Appli- cation of HOBART FAMILY TRUST, WILLIAM H. AND JULIA HOBART, TRUSTEE5(068 -88) seeking a SPECIAL PERMIT under SECTION 139 -33A to alter and extend a single- family residence, non - conforming with 4.2 -foot northerly side lot line setback (10' required) and without frontage, by constructing a 14.5 x 20 -foot, single - story addition extending easterly at least 4.5 feet in from that lot line. The premises are located at 25 MOREY LANE, SIASCONSET, Assessor's Parcel 73.3.2 -38 and 39.2, Land Court Plan 14105B (and C - pending) Lots 1 and 6 (treated as merged for zoning purposes), zoned RESIDENTIAL -2. Linda F. Williams, Secretary BOARD OF APPEALS �- tom �✓�� sOA Dorm 1 -87 APPLICATION NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") N o . U-, "wner's name(s): William H. Hobart and Julia Hobart, Trustees of Hobart Family lailing address: 250 Ridge Avenue, Troy, Ohio 45373 Realty Trust Applicant's name Same `tailing address: Same Location of lot(s): Assessor's map and parcel: 73.3.2 - 38 and 39.2 Street address 25 Morey Lane, Siasconset, Massachusetts Registry LC PL, PL BK & 1'G, PL FL 14105 -B &C Lot 1 & 6 Deed ref.Cert.12,805 Subdivision 1961 for tot111;1987 for Lot 116 and 13,65I Endorsed /_ /_ ANIt'1 x hate lots) acquired: 12 /15/ 86 for lot#1 & Zoning district R -2 Number of dwelling units on lots) ?�ane88 for Lot 116 Rental guest rooms none Commercial use on lot(s): none � MCD? Building date(s): all pre -'72 zoning-7 yes or Building permit application Nos. and date:; none _ C of 07 Case No(s). or dates all prior BOA appncations: none Mate 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,Appeul per 01A & B: The existing residence on the site is a validly grandfathered non - conforming structure with respect to the sideline setback along the northerly line of the house, as is shown in the attached plan. Applicant seeks a Special Permit pursuant to Section 139 -33A to allow the construction of 20 x 14.5 foot addition which, at its closest point to the northerly bound, will be no closer than 4.5 feet from the lot line, as sketched on the attached plan. Therefore, the new construction will not increase the existing nonconformity. Plans showing the more exact location and floor plan of the addition will be available at the hearing. F" closures forming part of this Application: Supplement to above Site /plot plan(s) x with present /pr.oposed structures Locus map x Floor plans present /proposed Appeal record Needed: areas frontage setbacks CCR7 parking duty Assessor's certified addressee list (6 sets) x Mailing labelo (2.sersh Fee check for $150.00 payable to Town of Nantucket x ?'Cap" covenant I certify that the requested information submitted is substantially complete and trno tp the bes of my, ngwledge under pains and penalties of perjury. b i� , t-e � Applicant Attorney /agent x e issa D. Pyy,,i brie ttorneyjor t e tobarts Of not owner, show Uasis or authority to apply;) FOR OFFICE USF* Application copies received: 4;(or only ) for BOA/ k One copy given Town Clerk /,y _ Complete? —>!� One copy sent to Planning hoard and to Building 1)e1) t. by $150.00 check given 'Town Tr�easi er / y Notices of hearing postedGC/ mailed / published / Hearing(s) held on — / —/_ continued to T / — / _ /_ /_ withdrawn? Decision made — / —/— filed with " ['own Clerk _ /_ /_ mailed `gee related files: application - litigation - other