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