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Home My WebLink About085-88TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 October U , 1988 File No. 085 -88 To: Parties in interest and others Re: Decision in the Application of IAN T. MCNEICE 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 (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. cc: Building Commissioner Planning Board Town Clerk � r wV William R. Sherman, Chairman BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The Board of Appeals, at a public hearing on Friday, October 14, 1988 at 1:30 pm taken under advisement from the September 23, 1988 and August 26, 1988 hearings, made the following decision upon the Application of Ian T. McNeice (085 -88) of 1 Folger Avenue, Nantucket, Massachusetts. 1. The Applicant has sought a VARIANCE from the 12 -foot front -to -rear offset required by Section 139 -7A (2) (b) of the By -Law. Applicant has proposed the conversion of an existing barn into a secondary dwelling with no alteration of ground cover ratio of the premises. 2. The premises are located at 1 Folger Avenue, Assessor's Parcel 80- 176jand shown as Lot 11 on a plan filed in Nantucket Registry of Deeds Plan Book 239, Page 193. The property is zoned L.U.G. -2. 3. Our findings are based upon the Application papers, plans, representations and testimony received at the hearing. 4. The existing structures are separated by a distance in excess of 45 feet, as measured from Blueberry Lane (a paved road) but > as measured from Folger Avenue (the designated frontyard but a dirt road), they are not separated by 12 feet from front -to -rear. In order to comply strictly with the 12 -feet offset and the various other intensity regulations of the By -Law, the existing barn must be razed and a new structure erectedi in the northeastern corner of the lot. The Applicant has argued uncontested,however, that the topography of the lot does not make this location a suitable building site. Apparently the property experiences a substantial reduction in elevation (we are told as much as 101) as one approaches Folger Avenue. Also, the property is heavily vegetated in this area. it would necessitate the clearing at the new site (having already cleared the barn site) of the existing vegetative barrier. S. We find,therefore,the requisite circumstances relating to the topography of the land and structures, not affecting the zone generally, and further that literal enforcement of the 121- offset would involve substantial hardship, financial or otherwise to the owner. Therefore,in an effort to do equitable justice,we look to the spirit of the law. Therein we find that the desired relief may be granted without nullifying or substantially derogating from the intent or purpose of the By -Law. The purpose of the 12' setoff is to render the appearance of "staggered" dwelling structures, and in some instances hiding one behind the other, when viewed from the street. Strict compliance here may advance that appearance from Folger Avenue (a dirt road) but insofaras this is a corner lot, it will have the reverse effect from Blueberry Lane (a paved road). Therefore, it seems inappropriate here to encourage the owner to select a new building site which is inconsistent with the existing topography and will work a hardship upon him when such a requirement will apparently do little to advance the purposes of the By -Law. 6. Accordingly, by unanimous vote, this board Grants to Applicant the requested VARIANCE from the 12 -foot offset requirement of Section 139 -7A (2) (b) for conversion of the existing barn into a secondary dwelling. DATED: October C.,p , 1988 MfC462P 0' MAMA Aw bdjoa- ANN BALAS BOA Form 1 -87 APPLICATION NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") i & i �l� Owner's name(s): Ian T. McNeice Mailing address: I Folger Ave., Nantucket, MA (Surfside) 02554 Applicant's name : Aileen L. Barth Mailing address: 12 west York Lane, Nantucket, MA 02554 Location of lot(s): Assessor's map and parcel: 80 -176 Street address I Folger Ave. Registry LC PL, PL BK & PG, PL FL BK -00239 Lot 11 Deed ref. PL BK 17 PG 50 Fu-- 193 — Subdivision Endorsed /_ /_ ANR? Date lot(s) acquired: 11/ 21/ 85 Zoning district LUG -2/02 Number of dwelling units on lot(s): Rental guest rooms •---� Commercial use on lot(s): NONE MCD? Building date(s): all pre -'72 zoning? Dl1Ii or Building permit application Nos. and dates 9.55A 7/20/88 C of 07 Case No(s). or dates all prior BOA applications: �---y 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: Enclosures forming part o this Application: Supplement to above Site /plot plan s) with present /proposed �strr'�ctures Locus map F1 r plans pres nt /proposed �/ Appeal record Needed: areas frontage V setbacks Af�GCR% _10e parking data— � Assessor's certified addressee list (4 sets) l�Maili g labels)(2.sets) Fee check for $150.00 payable to Town of Nantucket "Cap" covenant I certify that the requested information submitted is substantially complet and true to t oowi �'ge, under pains and penalties of perjury. Signature: 7 Applicant Attorney /agent (If not owne sho basis for authority to apply.) FOR OFFICE USE Application copies received: V7off-D only ) f or BOA � /L/� One copy given Town Clerk y Complete? One copy sent to Planning Board and to Building Dept. L-A6y $150.00 check given Town Treasurer &'/'Lolzby Notices of hearing posted � /,&2'bmailed �i /u/ published OILOO , _11 Hearing(s) held on _ /_ /_ continued to _ /_ / _ /_ /_ withdrawn? Decision made _ /_ /_ filed with Town Clerk _ /_ /_ mailed _ /_ /_ See related files: application - litigation - other 0, ONTUC =Dt •�Ni 40 NANTUCKET PLANNING BOARD 4 NORTH WATER STREET NANTUCKET, MASSACHUSETTS 02554 -3593 (503) 228.72.33 July 12, 1988 Mr. Ronald Santos, Building Commissioner Town Building Annex East Chestnut Street Nantucket, Massachusetts 02554 Dear Ron: Please be advised that at a meeting of the Nantucket Planning Board held on June 27, 1988, the Board voted to approve secondary dwellings for the following lots: Mr. Robert H. Sarvis, 22 Brant Point Road, Tax Map 29, Parcel 85.1. Mr. Ian McNeice, 1 Folger Avenue, Tax Map 80, Parcel 176. Pure Privacy Trust, 16 Miacomet Avenue, Tax 'clap 67, Parcel 336.4. If you have any questions regarding this approval, please do not hesitate to contact the Planning Board office. S nserely, John D. Brock Chairman JDB /mrp Certificate No._ Date Issued: APPLICATION TO THE HISTORIC DISTRICT COMMISSION Nantucket, Massachusetts for CERTIFICATE OF APPROPRIATENESS — STRUCTURAL WORK An application is hereby made for issuance of a Certificate of Appropriateness under Chaptgr 395 Acts and Resolves of Massachusetts, 1970 proposed work as described below, and on plans, drawings and photographs accompanying this appli- cation. This is a contractual agreement. Fill out in ink. TAX MAP NO. So PARCEL NO. 176 OWNER OF RECORD: T n n M r N p i e p DATE: 4/16/87 HOME ADDRESS: P.O. Box. 2231 -zip :-02534 TEL. NO. 228 -0288 ADDRESS OF PROPOSED WORK: ] P p 1 e r A e r t1 ,'':. MA NAME AND ADDRESS OF AGENT :Aileen 3 « r h / , _: r ' : ' o r ZIP: 02584 TEL. NO.: 228-3089 All drawings submitted must be of i" scale and will be retained by this office. DESCRIPTION DWELLING_ ADDITION_ GARAGE_ COMMERCIAL_ RAZING or DEMOLITION_ OF WORK HISTORIC RESTORATION_ PAVING_ STEPS_ FENCE_ GATE_ OTHER X SIZE OF STRUCTURE: Length �'' Width 1 (! 0if Square Footage WOOD DECK: Size 1st Fl. 2nd Fl. DIFFERENCE BETWEEN EXISTING GRADE AND FINISH GRADE: HEIGHT OF RIDGE ABOVE FINISH GRADE: N.�_ 1 '� 1 I it l 1 E. DETAIL 1. Foundation: Height Exposed Con. Blk. Blk. parged Brick type himney: Block parged Brick Type 3. Wood Garage Doors Wood Louvers f� 4. Skylight: (Flat Only) Type Size ._.. 5. Roof Pitch: Dormer Pitch Other ty 6. Roofing Material: Asphalt Wood_ _ Other I 7. Leader Material Size 8. Gutter Material Size 9 Fascia Size Soffit Overhang Rakeboard size Cornerboard Size Sidewall: White Cedar Shingles Clapboard Other 11. Window style: Double hung x Crankout muntins Snap -in Grille, 12. Door type: Front X Rear Other Material w o n I COLOR Sidewall Roofing Trim grey Foundation Sash grey Shutters Received by HDC office Doors that no ,�LJ1II VALID FOR 12 MONTHS FROM DATE OF ISSUANCE. MAY BE RENEWED. NO STRUCTU a APPLICATION. APPROVED DISAPPROVED a rman :OMMENTS: t Certificate No. < Date Issued: APPLICATION TO THE HISTORIC DISTRICT COMMISSION Nantucket, Massachusetts for, CERTIFICATE OF APPROPRIATENESS - STRUCTURAL WORK An application is hereby made for issuance of a Certificate of Appropriateness under Chapter 395 Acts and Resolves of Massachusetts, 1970 proposed work as described below, and on plans, drawings and photographs accompanying this appli- cation. This is a contractual agreement. Fill out in ink. TAX MAP NO. PARCEL NO. 1 7 6 OWNER OF RECORD: T n n it r T a i e o DATE:. 3/26/87 HOME ADDRESS: P.O. Lo,. 2231 n Zt:,c(; <_ t , ZIP: 025$4 TEL. N0. 228 -0288 ADDRESS OF PROPOSED WORK: 1 l! of fro r Ave `iA NAME AND ADDRESS OF AGENT: Aileen Pi ±o r ZIP: 02554 TEL. NO.: 228 -3089 All drawings submitted must be of i" scale and will be retained by this office. DESCRIPTION DWELLING_ ADDITION_ GARAGE_ COMMERCIAL RAZING or DEMOLITION_ OF WORK HISTORIC RESTORATION_ PAVING_ STEPS_ FENCE_ GATE_ OTHER X SIZE OF STRUCTURE: Length 6 `i „ Width 1 G ' 3 Square Footage WOOD DECK: Size 1st F1. 2nd Fl. DIFFERENCE BETWEEN EXISTING GRADE AND FINISH GRADE: HEIGHT OF RIDGE ABOVE FINISH GRADE: N. S. l E. / W. DETAIL- undation: Height Exposed Con. Blk. .A Cl imney: Block parged Brick Type I _ L COLOR 1 Wi od Garage Doors Wood Louvers S ylight: (Flat Only) Type Size R f Pitch: Dormer Pitch Other_ `R iofing Material: Asphalt Wood X Other L a der, Material Size �. G tter Material Size —Fjcia Size Soffit Overhang 10. Sidewall: White Cedar Shingles :; Clapboard 11. Window style: Double hung X Crankout 12. Door type: Front X Rear Other Sidewall Roofing Trim Grey Foundation Sash Grey Shutters Received by HDC office `u. Blk. parged Brick type 2. Storage.Shed P E ' R VED You are reminded.-- that nill WME may differ from your fflgd specif icatio is without prioll (approval of the Commitlam Rakeboard size Cornerboard Size Other muntins Snap -in Grills Material Wood Doors Fence Deck a SIGNATURE OF OWNER OF RECORD VALID FOR 12 MONTHS FROM DATE OF ISSUANCE. MAY BE RENEWED. NO STRUCTURE MAY DIFFER FROM THE APPROVED APPLICATION. APPROVED COMMENTS: DISAPPROVED . ` D t Issued / `� It Certificate No. 1 6 % 6 APPLICATION TO THE HISTORIC DISTRICT COMMISSION Nantucket, Massachusetts for CERTIFICATE OF APPROPRIATENESS — STRUCTURAL WORK An application is hereby made for issuance of a Certificate of Appropriateness under Chapter 395 Acts and Resolves of Massachusetts, 1970 proposed work as described below, and on plans, drawings and photographs accompanying this appli- cation. This is a contractual agreement. Fill out in ink. TAX MAP. NO. R n PARCEL NO. 176 OWNER OF RECORD:— Tan M r N e i e e DATE 3/26/87 HOME ADDRESS: P.O. Boy 2 2 3 2 ZIP: 0 2 5 5 4 TEL. NO.: 228-0288 ADDRESS OF PROPOSED WORK: 1 F o l y r A,r e N in n'r n t, MA 07 "9 4 NAME AND ADDRESS OF AGENT: A i l n R a r t 1LM_a j:,, pr r ZIP: ()9554- TEL NO.: 7 R 3 0 8 9 All drawings submitted must be of V' scale and will be retained by this office. DESCRIPTION OF WORK DWELLING ADDITION > GARAGE_ COMMERCIAL_ RAZING or DEMOLITION_ HISTORIC RESTORATION_ PAVING_ STEPS_ FENCE_ GATE_ OTHER_ SIZE OF STRUCTURE: Length ! ' Width 1 �� ' Square Footage WOOD DECK: Size 1st Fl. 2nd Fl. DIFFERENCE BETWEEN EXISTING GRADE AND FINISH GRADE: None HEIGHT OF RIDGE ABOVE FINISH GRADE: N. il" S. 23 0" E. 3X 23Jt 01w.23 t 0" DETAIL 1. Foundation: Height Exposed 3 Con. Blk 2. Chimney: Block parged ` Brick Type :3. Wood Garage Doors Wood Louvers_ Blk. parged Brick. type H2O struC': ReneT certificate`" --- `4� Sk light: (Flat Only) Type • 1 ,1. Size 1 r ,;; �r .;,'. �l 1586 an .men with addition.- 5. R f Pitch: 15 . 5 12 Dormer Pitch Other ? � i.� 6. Ro ing Material: Asphalt Wood_ OtheAPPii, 1 2. r er Material Size Yon. are reminded . that no` wort may diff`ar froin' your filed ;l + &i lit r Material Size specif icgtions without' pi-iot'`'. 611 9. es a Size 811 Soffit Overhang 110 1). e _ Rakeboardp' Vx1 of thdCVM �is�. 4iAie I10. ide all: White Cedar Shingles Clapboard Other 11::"�ind w style: Double hung v Crankout_ 12. Door type: Front T'' �' I' Rear COLOR Sidewall W C S i it 1J Roofing Trim Rc S t o W Foundation muntins Snap -in Grills Other t' C. ! Material Wood % g l a s s /t Doors B&B to W Fence Sash W =tit ^ OT, Grey Shutters _ -" - Deck -- —` Received by HDC office SIGNATURE OF OWNER OF RECORD VALID FOR 12 MONTHS FROM DATE OF ISSUANCE. MAY BE RENEWED. NO STRUCTURE MAY DIFFER FROM THE APPROVED APPLICATION. APPROVED f DISAPPROVED / airman y f COMMENTS: Certificate No. ,- Date Issued: APPLICATION TO THE HISTORIC DISTRICT COMMISSION Nantucket, Massachusetts,for CERTIFICATE OF APPROPRIATENESS - STRUCTURAL WORK An application is hereby made for issuance of a Certificate of Appropriateness under Chapter 395 Acts and Resolves of Massachusetts, 1970 proposed work., as described below, and on plans, drawings and photographs accompanying this application. TAX MAP NO. A PARCEL NO. OWNER OF RECORD:— P✓lG!�,�I�� -�► I� F✓ DATE: HOME ADDRESS: TEL. NO.: ADDRESS OF PROPOSED WORK: LL?T r1jC.�� J1�Vt� e I �JACJ ,' NAME AND ADDRESS OF AGENT: �II,�i^E%� 11,iA, T�rl TEL. NO.: ^� All drawings submitted must be of I" scale and will be retained by this office. DESCRIPTION DWELLING_ ADDITION_ GARAGE OF WORK HISTORIC RESTORATION PAVING SIZE OF STRUCTURE: Length '_-,L -)'r .W00D- BB -44-i Size COMMERCIAL_ RAZING or DEMOLITION_ STEPS_ FENCE_ GATE_ OTHER_ �� , < Width L-' L' Square Footage�0 _ 1st Fl. 2nd Fl. DIFFERENCE BETWEEN EXISTING GRADE AND FINISH GRADE: NQh HEIGHT OF RIDGE ABOVE FINISH GRADE: N. �C }�'iv S. E. /20'4;1". W.�'�o Brick ed ar DETAIL Y. Foundation: Height Exposed Con. Blk. Blk, p g type 2. Chimney: Block parged Brick Type 3. Wood Garage Doors �� Wood Louvers }yj� �OVEQ !'a ~_ Sk light: (Flat Only) Type i� l.;- y Size r' .�. °:� �!-. �t You are ren2�nded that ice' T r� . �p UNVA may differ f rom your filek 5- Roof Pitch : Dormer Pitch Other-,1.3 ecifications without priotl 6. Roofing Material: Asphalt Wood_ Other approval of the (,'p • 7. cV rn satot>r, Fa is Size Soffit Overhang` Rakeboard size Cornerboard Size Guler Material Size Material Size IA�Sid wall: White Cedar Shingles Clapboard Other ___ 7Z�Win ow style: Double hung Crankout muntins- j��'ry� (nap -in Grills 12. Door type: Front Rear j! , • } ' Other dggl"QU Material r- 1 COLOR Sidewall' a✓�L�I�k `.. 1� �. Roofing Doors Trim Foundation Fence Sash tO6JTe (A Shutters Deck Received by HDC office SIGNATURE OF OWNER OF RECORD 4M VALID FOR 12 MOXIVHS FROM DATE OF ISSUANCE. MAY BE RENEWED. NO STRUCTURE MAY DIFFER FROM THE APPROVED APPLICATION./ COMMENTS: NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, AUGUST 26, 1988 at 1 :30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Appli- cation of IAN T. MCNEICE (085 -88) seeking a VARIANCE from the 12 -foot front -to -rear offset required by SECTION 139- 7A(2)(b) to validate the existing siting of buildings as principal and secondary dwellings similarly setback from Folger Avenue (but differently set back from Blueberry Lane on this corner lot). The premises are located at 1 FOLGER AVENUE, Assessor's Parcel 80 -176, Plan Book 239, Page 193, Lot 11, zoned LIMITED USE GENERAL -2. William R. Sherman, Chairman BOARD OF APPEALS