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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
October Z5 , 1988
File No. (086 -88)
To: Parties in interest and others
Re: Decision in the Application of IRENE GARNETT
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 recorded within such
twenty (20) days.
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William R. Sherman, Chairman
cc: Building Commissioner
Planning Board
Town Clerk
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BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
At a public hearing on Friday, October 14, 1988, at
1:00 p.m. in the Town and County Building, Nantucket, on
the Application (086 -88) of IRENE GARNETT having an
address at 7 Warren Street, Nantucket, MA 02554, the
Nantucket zoning Board of Appeals made the following
DECISION:
1. Applicant seeks a Special Permit under zoning Bylaw
Sections 139 -33A and 139 -7C, respectively, to alter and
enlarge her single - family dwelling by adding a 53 SF rear
wart and 60 SF east -side shed but removing a 95 SF front
wart and 90 SF rear (detached) shed, and to install an
Accessory Apartment at the rear of the second floor.
Applicant also sought a variance from the 5 -foot side and
rear lot -line setbacks to construct a 64 Sr detached shed
in the northerly corner of her lot, but that was denied by
decision separately filed October , 1988.
2. The premises are at 7 Warren Street, Assessor's Parcel
55.4.1 -094, Land Court Plan 15686 -A, zoned Residential -1.
3. Our findings are based upon the Application papers,
viewings, and plans, representations and testimony
received at our hearings on August 26, September 23 and
October 14, 1988. Our decision is based upon the set of
"revised" plans dated 9/1/88 consisting of sheets Al and
A3 through A7 (our Exhibit "A").
4. Applicant represents that her lot and dwelling both
pre -date 1972 adoption of zoning and that the lot,
undersized with area of 3536 SF, has not since zoning been
in contiguous ownership with adjoining land. On this
basis, we find hers to be a "lot of record" for which a
30% ground cover ratio is allowed. Both the original
2 -story 513 SF portion of the dwelling and the later 447.5
SF one -story portion, added to the north and east, extend
less than one foot into the westerly side lot -line
setback. These together with the 95 SF front wart and 90
SF rear shed have a ground cover exceeding the allowed
1061 SF. Because of these pre- existing nonconformities,
Applicant may qualify for relief by Special Permit under
Section 139 -33A.
5. For such relief, we must find that the alterations are
not substantially more detrimental to the neighborhood. We
make that finding for the following reasons:
(a) Total ground cover will be reduced to about 1075
SF, just slightly above the allowable 30 %;
R 4 r
Fild No. 086 -88
(b) The nonconforming rear shed will be removed and
replaced with a smaller attached shed in a conforming
location;
(c) The proposed rear wart will accommodate an access
stairway to the Accessory Apartment, a type of secondary
dwelling unit favored to provide needed year -round
housing;
(d) The proposed renovation will generally upgrade the
property without foreseeable adverse impact upon the
neighborhood;
(e) The required 2 off - street parking spaces will be
provided; and
(f) The recommendation of the Planning Board is, in
these circumstances, taken to be favorable, and no
opposition was heard.
6. Applicant will necessarily comply with all the
conditions of Section 139 -7C applicable to the Accessory
Apartment, including execution of the covenant as to
year -round occupancy.
7. We are, therefore, able to make the further finding
required for relief by Special Permit, that it will be in
harmony with the general purpose and intent of the zoning
Bylaw chapter.
8. Accordingly, by unanimous vote, this Board grants to
Applicant the requested Special Permits under Sections
139 -33A and 139 -7C to renovate the premises substantially
as described above and shown in Exhibit "A" and to install
the Accessory Apartment in the renovated dwelling.
Dated October Z$, 1988
- 2 -
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02554
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, Nantucket, on the Application (09(0-
-88) of Aileen L. Barth, for herself and owner Irene
Garnett, seeking a Special Permit under Sections 139 -33A
and 139 -7C to alter and extend a single- family dwelling by
removing a front wart and adding an entry wart, adding a \
second -floor dormer at the rear and installing an
Accessory Apartment in it, with such second -floor addition
encroaching upon the westerly side -yard setback as the
first floor now does, also adding a 64SF shed within the
5 -foot rear and easterly side -yard setbacks, for which a
VARIANCE from the setback requirements of Section 139 -16C
is sought. A 90.25 SF shed in the northwest lot corner is
to be razed. Existing 1145.75SF ground cover will be
reduced to 1077.79SF, with 1060.8SF (30 %) for an
undersized 3536SF lot the maximum allowed if a "lot of
record ". The premises are at 7 Warren Street, Assessor's
Parcel 55.4.1 -094, Land Court Plan 15686 -A, zoned
Residential -1.
William R. Sherman
BOA Form 1 -87 No�
ARPEICATION"
NANTUCKET ZONING BOARD OF APPEALS ( "BOA ")
Owner's name(s): Irene Garnett
Mailing address: 7 Warren Street, Nantucket, MA 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: 55 ,4, 1 -o94
Street ad s 7 Warren Street Nantucket MA 02554
Registry LC PL PL BK & PG, PL FL 156,s6_A Lot - - Deed ref.
Subdivision NSA Endorsed /_ /_ ANR?
Date lot(s) acquired: $/_/73 Zoning district R I
Number of dwelling units on lot(s): Rental guest rooms Ol;fNE,-
Commercial use on lot(s): MCD?
Building date(s): all pre -'72 zoning? Y1`Gi or
Building permit application Nos. and dates f-ZOG .(w`141,1`d -'l G- C of 0 ?R'' -'712-
Case No(s). or dates all prior BOA applications: 1Y11)`_ .
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. 0r to reverse Building Inspector by;Appeal per -31A & B:
4-A Z -
Enclosures forming part of this Application: Supplement to above
Site /plot plan(s) with present /proposed structures
Locus map � Floor plans present /proposed Appeal record Q Pc
Needed: areas frontage setbacks GCR% parking data 2
112L
Assessor's certified addressee list (4 sets):, .Mailing labelslf2;sets)
Fee check for $150.00 payable to Town of Nantucket- 1'�p1- covenan -- ---
I certify that the requested information submitted is substantially complete
and true t st o y nowle a under pains and penalties of perjury:
Signature: Applicant Attorney /argent J
(If not ownk_r1116Aw basi f r authority to ,3appl�;:)
FOR
Application copies received: 41,0r only ) for. BOA 2 /Z % /_S+tiy
One copy given Town Clerk 0//0/ by ( Complete? O
One copy sent to Planning Board and to Building Dept. by
$150.00 check given Town Treasurer _El-/6 by
Notices of hearing posted �/9_ mailed _ // ublished
I_Y111A9_, , _F
Hearing(s) held on _ /_ /_ continued to _ /_ /_, _ /_ /_ withdrawn?
Decision made _ /_ /_ filed with Town Clerk _ /_ /_ mailed _ /_ /_
See related files: application - litigation - other
Certi9eate No. Date Issued•
APPLICATION TO THE HISTORIC DISTRI U OMMI
Nantucket, Massachusetts f CERTIFICATE OF APPROPRIATENESS - RU
An application is hereby made for issuance of a Certificate of Appropriateness under Ch
M assachusetts, 1970 proposed work as described below, and on plans, drawings and photogr is ac ip y,ng this apps
cation. This is a contractual agreement. Fill out in ink.
TAX MAP NO. PARCEL NO.
OWNER OF RECORD:- Irene Garnett DATE: 5/6 / 8 8
HOME ADDRESS: 1 Warren Street, Nantucket, MA ZIP: 02554 TEL. NO.:
228-1456-
ADDRESS OF PROPOSED WORK: 11 W a r r e n S t r P P t y N n 17 t o r• is e t, MA
NAME AND ADDRESS OF AGENT: Aileen L. Barth ZIP: 02554 TEL. NO.: 228-3089
All drawings submitted must be of f" scale and will be retained by this office,
SSION
CT ORK
and Resolves of
f
DESCRIPTION DWELLING_ ADDITION X GARAGE_ COMM %R61AL_ RAZING or DEMOLITION_
0 �l/7 (f >�TiORIC RESTORATION_ PAVING_ STEPS,/ FENCE_ GATE_ . OTHER_
OF STRUCTURE: Length Width Square Footage •, �..
1
MAY 1 31988 D DECK: Size 1st Fl. 2nd Fl.
COLOR Sidewall
WCS,
ERENCE BETWEEN EXISTING GRADE AND FINISH GRADE: none
- HEI }IT O � tIDGE,' BUyE�FINISH GRADE: N.
''3 1 611 s.23 16" g• 23 16'P W. 23 16 11
WHITE
Foundation
DETAIL 1r Foundation: Height Exposed $" JCon. Blk. X
Blk. parged Brick type
f Chimney: Block parged Brick Type t o to
a r_ c h ex i S t" E
'
REMOVE r REPLACE SHED.
3. wood Garage Doors. Wood Louvers
REMOVE FRONT WART.
4. Skylight; (Flat Only) TypeVelux Size T P S 1
RAISE RIDGE TO.'"kDD
5,, hoof Pitch: 9/12 Dormer Pitch / 12 Other
DORMER AT REAR;'' ADD
Received by HDC office
ENTRANCE WART.. ALL
6. Roofing Material: Asphalt X Wood Other
-
DETAILS TO MATCH
7: Leader Material Size
-- F.XISTTN�G.
8. Gutter Material 'Size
_
9. Fascia Size Soffit Overhang _
Rakeboard size Cornerboard Size''
10. Sidewall: White Cedar Shingles X Clapboard
Other 3::'
11.. Window style: Double hung 6/1 Crankout
_
muntins Snap -in Grills
12. Door type: Front Rehr 6 P N L Other
Mate
COLOR Sidewall
WCS,
Roofing
GRAY '�
3 �1
Trim^
WHITE
Foundation
NAXU:�AL 1"Ot/ are rald��f t75.
Sash
Wh it e
Shutters
n
e1 f7 n °r' O wa
is Deck
1 Eatjo,,.,.
n
j a of t/le idl-J�11ssian
Received by HDC office
%
/
_
SIGNATURE OF OWNER F RECORD
VALID FOR 12 MONTH
_,FR DATE OF ISSUANCE. MAY BE RENEWED. NO STRUCTURE MAY DIFFER FROM THE APPROVED
APPLICATION.
APP} ?VED
DISAPPROVED
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COMMENTS:
JA Date Issued: Certificate No. IGATION TO THE HISTORIC DISTRICT COMMISSION d
Nantucket, Massachusetts for
CERTIFICATE,�OF APPROPRIATENESS - STRUC &ORK
An application is hereby made for issuance of a Certificate of Appropriateness under Cha t can and
in Rhioles of
Massachusetts; 1970 proposed work as described below, and on plans. drawings and pho P Y g appli-
cation. This Is a contractual agreement. Fill out in ink.
5 5 4 1 PARCEL . 094
TAX MAP NO: NO6/23/88
OWNER of RECORD : Irene Garnett DATE:
'1 1 Warren St . , Nantucket, MA ZIP: TEL. NO.: 02554 228- 1456•• "`
HOME ADDRESS:
ADDRESS'OF PROPOSED WORK:
I1 Warren St., Nantucket, MA
Aileen L. Barth ZIp:02554 TEL. NO.'
NAME AND ADDRESS OF AGENT: 9
All drawings submitted must be of f" scale and will be retained by this office.
(D
DESCRIPTION DWELLING_ ADDITION_ GARAGE_ COMMERCIAL_ RAZING or DEMOLITION_ :J
OF WORK HISTORIC RESTORATION PAVING_ STEPS_ FENCE_ GATE_ OTHER_
a
SIZE OF STRUCTURE: Length Width Square Footage :3
r rT
WOOD DECK: Size 1st FL 2nd..F1. r+
p
DIFFERENCE BETWEEN EXISTING GRADE AND FINISH GRADE: n
M
HEIGHT OF RIDGE ABOVE FINISH GRADE: N. S. E• . W• .y
DETAIL 1',
Foundation: height Exposed
Blk. parged Brick type
Con. Blk.
2.
Chimney: Block parged
All details and 'int
Brick Type
ti
fD
. 3.
Wood Garage Doors
Wood
Louvers
a 9.
Skylight: (Flat Only) Type
Size
5.
Roof. Pitch: Dormer
Pitch
Other
6.
Roofing Material: Asphalt
Wood
Other
7.
Leader Material
Size
Rakeboard size Coribrboar7d 12
8.
Gutter Material
Size
muntins Snap -in Grills
9.
Fascia Size
Soffit Overhang _
10.
Sidewall: White Cedar Shingles
Clapboard
11.
Window style: Double hung
Crankout
12.
Door type: Front
Rear
r Other-
- J$ COLOR
Sidewall
Trim
Sash
Received by HDC office
Roofing
Foundation
Shutters
Doors
Fence
Deck
VALID FOR 12 MONTHS FROM DATE OF ISSUANCE. MAY BE RENEWED. NO STRUCTURE MAY DIFFER FROM THE APPROVED
COMMENTS: '
rt
Blk. parged Brick type
~
rn
Storage Shed_ -
All details and 'int
to - mat-e exr�ist�iog.
fD
D
00
h •
JUN- 2 4; 5
Ili •� _j �
�
'
Rakeboard size Coribrboar7d 12
Other
muntins Snap -in Grills
Material
Doors
Fence
Deck
VALID FOR 12 MONTHS FROM DATE OF ISSUANCE. MAY BE RENEWED. NO STRUCTURE MAY DIFFER FROM THE APPROVED
COMMENTS: '
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
At a public hearing on Friday, September 23, 1988,
at 12:30 p.m. in the Town and County Building, Nantucket,
on the Application (086 -88) of
Mig IRENE GARNETT, the former having an
address at 12 West York Lane, Nantucket, MA 02554, the
Nantucket zoning Board of Appeals made the following
DECISION:
1. Applicant seeks, in addition to a Special Permit dealt
with separately, a Variance under zoning Bylaw Section
139 -32A from the 5 -foot rear and easterly side -yard
setback requirements of Section 139 -16C. If granted, she
would construct a 64 SF shed within such setbacks.
2. Our findings are based upon the Application papers,
viewings, and plans, representations and testinfny received
at our hearing on August 26, 1988.
3. While proposed addition of the shed to the undersized
3536 SF lot is of relatively modest impact, no hardship or
other support necessary to justify grant of a variance has
been offered. The lot is not unique in shape, topography
or soil condition so as to warrant favorable action on a
variance. Such action would run contrary to the purposes
of setbacks and set an unfortunate precedent.
4. Accordingly, by unanimous vote, this Board denies the
requested Variance.
Dated October Jy, 1988
L r �-
P ter F. Dooley
William R. Sherman
Mi ha_ e J. 'Mara
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