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Home My WebLink About078-88NAMUCIRT ZONING BOAM OF APPMA NAWUCBlT,r XRBBWRUBETTB 02554 August 30, 1988 File No. To: Parties in interest and others Re: Decision in the Application of 12 c karcQ (:�x not Ca Y-o Lo c�vri 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,nMassachusetts General Laws. Any action appealing the decision must be brought by filing a complaint in court within twenty"(20) 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. At�� C7�� Willian R. Sherman, Chairman cc: Building Comissioner Planning Board Town Clark 0 BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The Board of Appeals, at a public hearing on Friday, August 5, 1988 at 1:30 P.M. in the Town and County Building, Nantucket, made the following decision upon the Application (0 -88) of Richard and Caro Lowry of 7 Winston Street, Nantucket, MA 02554. 1. The Applicant seeks a SPECIAL PERMIT under 139 -33A for alteration of a pre- existing nonconforming single - family dwelling. Relief will allow the Applicant to alter or to reconstruct within the same footprint the back or north (Rose Lane) portion of the structure, including the addition of a second -floor dormer within the 5 -foot rear and westerly side line setbacks, also to extend the existing deck, a portion of which is within the northerly setback - without making the deck closer to the sideline at any point. 2. The premises are located at 21 Liberty Street, Assessor's Parcel 42.3.4 -139, Plan File 15 F at the Registry of Deeds and zoned Residential Old Historic. 3. Our findings are based upon the Application papers, plans (including a set of sheets drawn by Design Associates dated June 21, 1988 and noted as Exhibit A) viewing, together with the representation and testimony received at our hearing. 4. We find that the alterations proposed and shown on Exhibit A will not be substantially more detrimental to the neighborhood than that which presently exists, to wit a single - family dwelling structure lawfully in existence since 1972. Moreover, we find that the nonconforming distance of the structure and deck within the sideyards will not be made more nonconforming. Finally, we are mindful of the recent decisions in the Courts recognizing the homeowners right to alter a single - family dwelling provided such alteration does not increase the nature of the nonconformity. Insofaras we are able to make the necessary findings for the SPECIAL PERMIT requested, we do not reach that issue. S. THEREFORE, upon a motion duly made and seconded, by UNANIMOUS vote the Board GRANTS to Applicant the requested SPECIAL PERMIT to alter or to reconstruct the single - family dwelling in substantial conformity with Exhibit A. Dated: August 1988 Dale Waine -2- a Sherman �t11 Beale NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, AUGUST 5, 1988 at 3:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Appli- cation of RICHARD AND CARO LOWRY (078 -88) seeking a SPECIAL PERMIT under SECTION 139 -33A to alter and extend their single - family dwelling by rebuilding within the same footprint the back or north (Rose Lane) portion adding a second -floor dormer within the 5 -foot rear and westerly side line setbacks (as is the present dwelling -said to pre -date mid -1972 zoning), also to extend the existing deck, a portion of which is within the northerly setback - without increasing its non- conformity on this undersized lot. The premises are located at 21 LIBERTY STREET, Assessor's Parcel 42.3.4 -139, Plan File 15F, zoned RESIDENTIAL OLD HISTORIC. leflv fm William R. Sherman, Chairman's BOARD OF APPEALS BOA Form 1 -87 No�� NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") Owner's name (s) : Ridhard and Oaro Lowry Mailing address: _ -_7 _Winston Street, Nantucket, MA 02554 A `plicant's name Same r •Mailing ' address;, Same Location of lot(s): Assessor's map and parcel: 42.3.4 -139 , -,- Street address 21 Liberty Street, Nantucket, MA Kx PL FL 15F Lot _ Deed tef. . 217/233 .' Subdivision Endorsed 9 /13 / 84 ANR? x Date lot(s) acquired: 8 / 10/84 Zoning district ROH ,Number of dwelling units on lot(s): Rental guest Looms Commercial use on lot(s): none MCD? N/A lding date(s): al-1 pre -'72 zoning? , x 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 -byyAppeal 'per =31,A' & B: licant seeks relief by .SPF.C`TAT'' pFnm-r�r "nursuar t` to 1 zQ_zze ' -9-- :.14 existing non-conforming ingfe famniig diaeiling' structure 'If granted, the Applicant will be a h'TnwPrl to within thQ Sam"P. footprint the b2Ck'7or Yon (Rose Lane side) of the existing structure, to add a se and floor rinrmar Wlttlln'::t}le __S� rPa�" a-`ieifiner'�`t"hRrc�r�rn +ho tnb 'th (Rose Lane) and west boundary linas and`to extend the existing deck, a portion of