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HomeMy WebLinkAbout105-88t40! �?g TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 December 16, 1988 File No. 105 -88 To: Parties in interest and others Re: Decision in the Application of: DAVID B. BORIE AND MARY W. BORIE 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. William R. Sherman, Chairman cc: Building Commissioner Planning Board Town Clerk BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a public hearing held on FRIDAY, NOVEMBER 18, 1988, at 1:00 P.M. in the Town and County Building, Federal and Broad Streets, Nantucket, made the following Decision upon the Application of DAVID B. BORIE and MARY W. BORIE (105 -88) . 1. Applicants request a SPECIAL PERMIT under the provisions of Nantucket Zoning By -Law Section 139 -33.A (Alteration of Pre - existing, Nonconforming Structure) , to enable the construction of an addition to the existing structure within the required side yard setback as measured from School Street. The Premises are located at 12 PINE STREET (Assessor's Parcel 42.3.2 -57) and are zoned as RESIDENTIAL -OLD HISTORIC. 2. We find that the Premises contain a single- family dwelling, fronting upon Pine Street. The Applicants propose to construct an addition, continuing essentially in the northerly line of the existing structure. A portion of the proposed addition lies within the required 5 foot side yard setback from School Street. The existing structure encroaches upon this setback, by a greater extent than the proposed addition. A plan showing the location of the existing structure and the proposed addition, with the existing setback line indicated as a dashed line, is attached hereto as Exhibit A. 3. We note that a front yard setback of zero is permitted in this RESIDENTIAL -OLD HISTORIC DISTRICT, and under a former interpretation of the By -law the proposed addition would have been permitted as a matter of right. However, the presently applicable requirements, together with the undisputed fact that the structure upon the Premises fronts upon Pine Street, require the maintenance of the side yard setback from School Street. 4. We find that the design and siting of the proposed addition are in keeping with the existing structure, which pre- exists the Nantucket Zoning By -law, and will have no significant effect upon the neighborhood. No objection was heard at the hearing, and the Owner on the opposite side of School Street appeared in support of the Applicant. Accordingly, we find that the proposed alteration will not be substantially more detrimental to the neighborhood than the existing nonconforming structure, and that it will be in harmony with the general purpose and intent of the By -law. 5. The relief granted is upon the condition that the addition shall be constructed substantially in accordance with the site plan and building :glans attached hereto as Exhibit A. Accordingly, this Board, by UNANIMOUS vote, hereby grants the requested -relief by SPECIAL PERMIT upon the condition set forth herein. Dated 19 8 8 Willi R Sherma Mic 41 J. O'Mara Dale W. Waine � Max A iiaJif l Beale bert`,J. ;Leichter -2- N O T I C E A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, NOVEMBER 18, 1988, at 1:60 P.M., in the TOWN and COUNTY BUILDING BUILDING, FEDERAL and BROAD STREETS, NANTUCKET, on the Application of DAVID B. BORIE and MARY W. BORIS, (l0S^ -88), seeking a SPECIAL PERMIT under zoning By -law Section 139 -33.A (Preexisting, Nonconforming Structure) to enable the construction of an addition to the existing structure within the/ side yard setback. The Premises are located at 12 PINE STREET (Assessor's Parcel 42.3.2 -57) and are zoned as RESIDENTIAL OLD HISTORIC. 4 r" �. - �... d William R. Sherman, Chairman BOARD OF APPEALS BOA Form 1 -8.7 No.. ARPE1CATION' NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") Owner's name(s): David B. Borie and Mary W. Borie Mailing address: c/o Reade & Alger Prof. Corp P O Box 2669 Nantnc-kpt, Mac. 02584 Applicant's name Mailing address: Location of lot(s): Assessor's map and parcel: 42.3.2 -57 Street address 12 Pine Street, Nantucket, Massachusetts Registry LC PL, PL BK & PG, PL FL No Plan Lot _- Deed ref. 127 -376 Subdivision Endorsed _ /_ /_ ANR? Date lot(s) acquired: 4 / 6 / 65 Zoning districtResidential -Old Historic Number of dwelling units on lot(s): One Rental guest Looms No Commercial use on lot(s): No MCD7 No Building date(s): all pre -'72 zoning? Yes or Building permit application Nos. and dates C of 0? Case No(s). or dates all prior BOA applications: -- 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: Applicants request a special Permit under By -law Section 239-33.A for the expansion of their pre - existing dwelling, nonconforming as to side yard setback from School Street, by extending the line of the existing dwelling within the rQQuired LiPthack Enclosures forming part of this Application: Supplement to above Site /Blot plan(s) X with present /proposed structures Locus map X floor plans present /proposed X Appeal.record Needed: areas frontage setbacks GCR% parking data Assessor's ce�W.Wl addressee list (4 sets) ,X Mailing •labels (2-.s6ts ) X Fee check for *d)(xXM payable to Town of Nantucket X "Cap" covenant I certify that the requested information submitted is substantially complete and truo t Lhe best of my knowledge, under pains and penalties'of perjury. Signature: ` Applicant Attorney /agent (If not owner, show basis for authority'to"7apply:) Application copies FOR OFFICE USE /�) mi- l received: 1 ( or only ) for B One A !y/ by copy given To Clerk / y Complete? y One copy sent to Planning Board and to Buil 'ng Dept. LI/I by $150.00 check given Town "treasurer d/_U by Notices of hearing posted �L�L /mailed /3/ published Hearing(s) held on _ /_ /_ continued to _ /_ / _ /_ /_ withdrawn? Decision made _ /_ /_ filed with Town Clerk _ /_ /_ mailed / See related files: application - _/ litigation - other z Form 5 -E9 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 February o?/ , 194/ To: Parties in interest and others concerned with the decision of the Board of Appeals in Application No. Of: __�)aj(dc Q -EDrie Grd 17 W . eorl)e Enclosed is the decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. This decision [provides a clarification and not a modification - or - authorizes a Temporary Permit under zoning Bylaw Section 139 -26H]. W1 iam R. Sherman, Chairman �U��/ cc: Town Clerk Planning Board Building Commissioner Al 1�_ BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS Clarification of Decision: At a public meeting of the Nantucket Board of Appeals held at the Town and County Building, Federal and Broad Streets, Nantucket, on Friday, February 15, 1991, at 1:00 P.M., the Board made the following Clarification of its Decision dated December 16, 1988, in the matter of the Application of DAVID B. BORIE and MARY W. BORIS (105 -88), relating to the premises at 12 PINE STREET (Assessor's Parcel 42.3.2 -57): i. By our Docision, we granted special permit relief for the expansion of the Applicants' existing single - family dwelling, nonconforming as to side yard setback from the northerly boundary of the premises along School Street, continuing generally as an extension of the line of the pre - existing structure, stating in our Decision the condition that the addition be constructed in substantial accordance with the site and building plans attached as Exhibit A. 2. The Applicants come before us with an "As -Built Plc-- Plan" by Nantucket Surveyors, Inc. dated December 18, 1990, showing the addition as constructed upon the premises. A copy of this plan is attached hereto as Exhibit B. There are several minor changes in footprint between Exhibit A and Exhibit B, lying mainly outside the setback area; a trash enclosure, projecting into the setback area, was not constructed and is not shown on Exhibit B. This plan does, however, show a stoop and stairs leading to a door on the northerly side of the addition, facing School Street; this stoop extends to a point 0.11 foot from the side line of School Street, closer than any point of the pre - existing house. 3_ The Anpli.ca.nts come before us on an informal request. without public notice, requesting that we clarify our Decision by finding that the present as -built condition of the Premises, as shown upon Exhibit B, conforms to the condition that construction be in substantial accordance with Exhibit A. We are told that, in the course of construction, it was discovered that earlier plans prepared for the project inaccurately showed the grade in the area of the door on the northerly side of the addition, and the threshold of this door was too nigh above surrounding grade to be reached by a single step, as shown upon the Exhibit A northerly elevation; therefore, the stoop and stairs were constructed. We are further told that all necessary Historic District Commission approvals have been secured, and that the Building Commissioner has requested clarification or modification of our Decision as a prerequisite to the issuance of a Certificate of Occupancy for the addition. 4. We have been shown photographs of the premises, which show that the curbing along School Street is some distance into the street, leaving a strip of ground containing plantings between the curb and the stoop. 5. In general, we have been reluctant to allow expansion by special permit of a nonconforming structure so as to increase the measured nonconformity in setback distance, in part because of language in By -law Section 139 -33.A, which permits extension by special permit where the nonconforming distance is not made more nonconforming and the Board finds that the extension will not be substantially more detrimental to the neighborhood. We make no determination here as to the effect of this language and its relationship to the standards for relief set forth in Massachusetts General Laws, Chapter 40A, Section 6, as to alteration of pre- existing nonconforming structures and uses. 6. In this case, however, we are persuaded that the de m_inimis further extension into the setback area, and its physical separation from the constructed roadway, result in no significant detriment to the neighborhood. (In fact, if the building faced upon School Street; instead of Pine Street, it would be entitled to maintain zero front yard setback from School Street.) 7. Accordingly, by a vote of four members in favor and one (Beale) against, we issue this clarification of our Decision, determining that the as -built conditions as shown upon Exhibit B are substantially in accordance with Exhibit A. Dated: 1991 l William R. Sherman C. MMars_ all Beale - Linda F. Williams MigKae J: C7'Mara ettr F. Dooley