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HomeMy WebLinkAbout086-88w Fr _ ., w v 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. r Nd William R. Sherman, Chairman cc: Building Commissioner Planning Board Town Clerk W, l 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 i r (\ hairman 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 A"zu�eal oo"2 /s; ryas � �- zazo"Z' a 0 0/0' 4 IhI