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HomeMy WebLinkAbout070-88ono -'P ED NANTUCKET BONING BOA= OF APPEALS NANTUCSZT, M&86ACNQ8ETTB 0 2 5 S 4 August 30, 1988 File No. 0- )0,(j?gt To: Parties in interest and others Re: Decision in the Application of Enclosed is the decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. An appeal from this decision may be taken pursuant to Section 17 of Chapter 40A,,Massachusetts General Laws. Any action appealing the decision must be brought by filing a complaint in court within twenty ;2.0) days after this date. Notice of the action with"A" copy of the complaint and certified copy of the decision must be given to the Town Clerk so as to be received within such twenty (20) days. cc: Building Commissioner Planning Board Town Clerk William R. Sherman, Chairman TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 In the matter of the Application of WILLIAM F. HUNTER and JUILIET C. FARLOW (070 -88) , at a public hearing held on Friday, August 5, 1988, at 1:30 P.M., 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 Nantucket Zoning By -law Section 139 -16.C, reducing the 10 -foot side yard and rear yard setbacks to no less than five feet to validate siting of an existing single - family dwelling. In addition, the Applicants request a finding..thlat the premises are a "lot of record" entitled to the protection afforded by Section 139 -16.A (footnote), or in the alternative a SPECIAL PERMIT under Section 139 -33.A, increasing the ground cover ratio from 12.5% to about 25 %, representing the actual ground coverage of the buildings now existing. The premises (the "locus ") are located at 24 SANKATY ROAD, SIASCONSET (Land Court Plan 12959 -C, Lot 4) , Assessor's Parcel 49.2.3 -19.1, and are zoned RESIDENTIAL -2. 2. This Board finds that the locus was created by an approval- not - required plan in 1983, contains 5,002.5± square feet of land area, and has frontage on Sankaty Road of 50 feet. The Applicants acquired the locus on December 13, 1983. At that time, the locus was located in a Residential -1 zoning district. In such a district, the maximum lot size was 5,000 square feet; frontage was 50 feet; front yard setback was 10 feet; side and rear setbacks were 5 feet; and the maximum permitted ground cover ratio was 30 %. 3. On December 16, 1983, the Nantucket Building Department issued building permit #3118 -83 to permit construction of a single - family dwelling upon the locus. Construction of this dwelling was commenced shortly thereafter, and the dwelling, as completed, complied with all of the by -law requirements for the R -1 zone. As shown on the plot plan submitted to the Board, a copy of which is attached hereto as Exhibit A, this dwelling, which is the 2 -story portion with two sets of exterior steps, has a front yard setback of 31± feet, sideyard setbacks of 12 feet on the north and 7± feet on the south, and a ground cover ratio of about 14% (700± square feet). 4. At the April, 1984 Annual Town Meeting, the zoning district in which the locus is situated was upzoned to Residential -2. The requirements in this R -2 zone are as follows: minimum lot size of 20,000 squar_ feet; frontage of 75 feet; front yard set back of 30 feet; side and rear yard setbacks of 10 feet.; and ground cover of 12.5 %. The zoning by -law specifically empowers the Board of Appeals to grant a special permit to reduce the ten -foot rear and side lot setback in this R -2 zone to 5 feet. The locus with the then - existing single - family dwelling did not comply with any of these requirements, except frontyard setback, but was exempt from enforcement as a pre- existing, nonconforming structure. 5. On October 1, 1986, the Building Department issued building permit #4981 -86 to allow construction of the addition to the existing dwelling. We find that the Applicant intended that this addition would comply in all respects with the by -law. However, due to errors in construction, the sideyard setback on the south is, at its closest point, only 9.6, instead of 10, feet, and the rearyard setback, at its closest point, is 8.7, instead of 10, feet. These nonconformities were discovered when an as -built plan of the locus was prepared_ for the Building Department. 6. As to ground cover ratio, the dwelling, as enlarged, has a ground cover ratio of about 25% (1,260± square feet). The permitted ground cover ratio in an R -2 district is 12.5% (630± square feet). - 7. The Applicants raise issues as to whether Chapter 40A, Section 6, permanently freezes zoning provisions as to all dimensional matters as to a lot meeting the statutory criteria for protection which contain::. a pre - existing dwelling before an upzoning amendment to the by -law. The Applicants further urge us to find that a lot in separate ownership, created after the 1972 adoption of the Nantucket zoning by -law, containing at least 5,000 square feet of lot area, may be built upon with maximum ground coverage of 1,500 square feet, notwithstanding a subsequent upzoning which results in maximum ground cover, using the ratio for the zoning district in which the locus is located, of less than 1,500 square feet. In the light of our findings in this case, we need not address these issues. 8. We find that the single - family dwelling upon the locus at the time of the 1984 rezoning exceeded the 12.5% ground coverage ratio permitted in the R -2 zoning district. Accordingly, this dwelling was protected under Chapter 40A, Section 6, and Nantucket Zoning By -law Section 139 -33.A, and may be expanded or altered if the Board of Appeals, as special permit granting authority, finds that the extension or alteration shall not be substantially more detrimental to the neighborhood than the existing nonconforming use. 9. This Board finds that the grant of relief by special permit as requested will be in harmony with the general purpose and intent of the by -law, in that the single - family dwelling now existing upon the locus is generally in keeping with the size, scope and nature of other structures in the area which antedate the 1984 zoning change. Accordingly, we find that the expansion of the single - family dwelling upon the locus, as it now exists, was not substantially more detrimental to the neighborhood than the portion of the structure which pre -dated the 1984 zoning change, and was rendered nonconforming by that amendment. 10. For the reasons stated, this Board hereby grants relief by SPECIAL PERMIT under Zoning By -Law Section 139 -33.A, allowing the expansion of the pre - existing, nonconforming single - family dwelling upon the Premises, which is depicted, including the area of such expansion, upon Exhibit A hereto, by a UNANIMOUS VOTE. Ann Balas A� C. Wshall Bealef j.r 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 WILLIAM F. HUNTER AND JULIET C. FARLOW (070 -88) seeking ^ SPECIAL PERMIT reducing the 10 -foot side- and rear - yard setbacks required by SECTION 139 -16C to no less than 5 feet to validate erroneous siting with about 9.60 and 8.7- foot southerly and westerly setbacks in construction of their single- family dwelling; also a finding under SECTION 139 -16A that theirs is a "lot of record ", alternatively, a VARIANCE from that Section or a SPECIAL PERMIT under SECTION 139 -33A validating increase of ground cover ratio from about 149 (700 SF) to about 25% (1251 SF) as now constructed. A 12.5% GCR is allowed in this RESIDENTIAL -2 District, up to 1500 SF if a "lot of record" with lot area not less than 5000 SF but less than the required 20,000 SF. The premises are at 24B SANKATY ROAD, SIASCONSET, Assessor's Parcel 49.2.3 -19.1, Land Court Plan 12959 -C, Lot 4. See prior file 052 -86 for Section 139 -27J ( "cap ") Special Permit. L nda F. Williams, Secretary BOARD OF APPEALS BOA Form 1 -87 APPLICATION— NANTUCKET ?.ONINC BOARD OF APPEALS ( "BOA ") i, • Owner's name(s): William F. Hunter and Juliet C. Farlow Mailing address: c/o Reade & Alger Professional Corporation P O Box 2669 Nantucket. MA Applicant's name : Same as above 0 ?584 Mailing address: Same as above Location of lot(s): Assessor's map and parcel: Map 49.2.3, Parcel 019.1 Street address 24B Sankaty Road S.iasconset Registry LC PL, rUWXWMXX}di ffM 12959 -C Lot ,4- ee� ze .e 10,851 Subdivision Yes Endorsed _ /_/ 83 ANR? yes Date lot(s) acquired: 12/13 /83 Zoning district Residential -2 Number of dwelling units on lot(s): One.. Rental guest •rooms None Commercial use on lot(s): None I MCD? No Building date(s): all pre -'72 zoning? No or 1983 Building permit application. Nos. and dates 3118 -83, 4981 -86 C of 0? No Case No(s), or dates all prior BOA applications: 052 -86 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 byvAppeal per -31A & B: The applicants seek a special permit under Nantucket Code §139 -16.0 to reduce the required ten -foot rear and side lot setback to five feet from the southerly and westerly property lines of the premises and if necessary, a special permit under Section 139 -33.A to permit the alteration or extension of preexisting, nonconforming structure. The applicants constructed an addition to their existing single- family residence upon the premises. Due to construction Prrnra0 this arlditinn pncroachps upan the side lot setback from the southerly property ]in(- pf the nrpmicpc 1:4z approximately 0.40 feet (�+ inches) and upQu the rear lot Setback from the westerly property line of the premises by approximately 1.3 feet (16± .inches) at its closest point from said line. Construction of the dwelling, as it existed prior to said (see con inua ion Enclosures forming part of this Application: Supplement to above X sheet) Site /filot plan(s) yes with present /proposed structures Locus map yes Floor plans present /proposed No Appeal.record' No Needed: areas No frontage No setbacks Yes CCR% parking data No Assessor's certified addressee list (4 sets) Yes . Mailiing labels} (2'•.s�ts Yes �-.— Fee check for $150.00 payable to Town of Nantucket Yes "Cap" covenant Yes I certify that the requested information submitted is substantially complete and true to the b72// f my knowledge; under pains•and penalties'.6f per.jury.i Signature: Applicant Attorney /agent x (If not own , show basis or authority.=•tb ^apply•).. FQ.4 OFFICE USE 7 Application copies received: or, only ) f r BOA) / by One copy given Town Clerk — by Complete? c� One copy sent to Planning Board and to 11 ildi g Dept. by $150.00 check given Town Treasurer. �/ 13y Notices of hearing posted (1/ mailed /_/ published Ilearing(s) held on _ /_ /_ continued to _ /_ / _ /_ /_ withdrawn? Decision made _ /_ /_ filed with Town Clerk _ /_ /_ mailed See related files: application - litigation - other af6ition, was begun prior to the change of the zoning district in which the premises are located from Residential -1 to Residential -2 at the April, 1984 Town Meeting. The ground coverage of the original structure was approximately 14 %, or 700± square feet; the recent addition brings the total ground coverage to about 25 %, or 1,251± square feet. Specialpermit relief is necessary if the premises are not entitled to the protection afforded by Section 139 -16.A Notes.