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Home My WebLink About027-89oar -�? 7 NANTUCKET ZONING BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 May O , 198 9 File No. 027 -89 To: Parties in interest and others Re: Decision in the Application of ALEXANDER VON SUMMER, TRUSTEE OF 29 HULBERT NOMINEE TRUST 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, APRIL 28, 1989, at. 2:30 P.M. in the Town and County Building, Federal and Broad Streets, Nantucket., made the following Decision upon the Application of ALEXANDER VON SUMMER, Trustee of 29 Hulbert. Nominee Trust. (027 -89). 1. Applicant requests a SPECIAL PERMIT under the provisions of Nant.ucket Zoning By -Law Section 139 -33.A (Alteration of Pre- existing, Nonconforming Struct.ure), to enable the alteration of an existing structure within the required front yard setback as measured from Hulbert. Avenue, and extension of the structure outside the setback area. The Premises are located at 29 HULBERT AVENUE (Assessor's Parcel 29 -23) and are zoned as RESIDENTIAL -1. 2. We find the structure in question, a garage fronting upon Hulbert. Avenue, appurtenant to the dwelling upon the premises. The Applicant proposes t.o construct an addition outside the setback area, continuing essentially in the northerly line of the existing structure. No portion of the additional foot.print of the building lies within the required 10 -foot front yard setback from Hulbert. Avenue. 3. In addition, the Applicant proposes to alter the portion of the structure within the required 10 -foot setback area by raising the elevation of the entire structure and by changing the roof line, but. without expanding the building's footprint within the required setback. 4. A plan showing the location of the existing structure and the proposed addition, and the architect's drawings of the proposed addition, are attached hereto as Exhibit. A. 5. 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. Accordingly, we find that the proposed alteration will not. be substantially more detrimental to the neighborhood than the existing nonconforming structure, that the proposed changes will not render the structure more non - conforming as to the required setback, and that it will be in harmony with the general purpose and intent of the By -Law. 6. The relief granted is upon the condition that there be no residential use of the garage building which is the subject of this application. Accordingly, this Board, by UNANIMOUS vote, hereby grants the requested relief by SPECIAL PERMIT upon the condition set forth herein. Dated: 1989. oe (EJW75 /040389 /3 /SUMMER) William R. Sherman P ter Dooley Ann G. Balas C. Marshall Beale vi I'r gget" NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, APRIL 28, 1989, at oZ 3O P.M. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of ALEXANDER VON SUMMER, Trustee of 29 HULBERT NOMINEE TRUST ( OV -89), seeking a SPECIAL PERMIT under Zoning By -Law SECTION 139 -33.A. (Pre- existing non conforming uses, structures and lots), +7 sion of an existing garage. The to enable alteration and exten premises are located at 29 HULBERT AVENUE (Assessor's Parcel 29 -23), Land Court Plan 15126 -A, Lot 1, and are zoned as RESIDEN -- TIAL-1. William R. Sherman, Chairman BOARD OF APPEALS (DDA12 /040689 /3 /VONSUM) BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS D TOWN AND COUNTY BUILDING NANTUCKET, 0 CASE NCQ APPLICATION FOR RELIEF Owner's name(s): Alexander Von Summer, Trustee of 29 Hulbert Nominee Trust Mailing address: Fast 80 Route 4 Paramus New Jersev 07652 Applicant's name: Same _ Mailing address: same Location of lot: Assessor's map and parcel number 29 - 023 Street address: Hulbert Avenue . q#:xfxicJW 151_ Lot 1 Registry Land Ct Plan, Certificate R -1 Ref 13 ,949 Zoning district Date lot acquired: 0�� 89 MCD ?_ Uses on lot - commercial: None xx or duplex apartments_ rental rooms- - number of: dwellings_ P C of 0? Building date(s) : all pre -8/72? xx or Building Permit appl'n. Nos. Case Nos. all BoA applications, lawsuits: None State fully all zoning relief soughtounproopo eccomparedetoepresent and subsections, specifically what y propose per Section and what grounds you urge for make each (and 139 -33A 139 -32A if Variance, use). appeal per 139 -3�A Baled. OK to attach addendum . xx if to alter or extend a nonconforming & B _ , attach decision or order aPP garage, a , by making a Applicant requests a special permit to alter a non - conforming which pre- exists the adoption of the Zoning By -law addition to the garage (outside the setback area) and by altering the structure within the required 10 -foot setback area by raising re structure and by changing the roof line, the elevation of the enti building's footprint within the required but without expanding the setback. lication• o derl ad endum2 Items enclosed as part of his App z+ la ned� structure Locus map Site plan showing present HDC approved ?� Floor plans present_ proposed_ elevations ( pa data Listings lot area frontage setbacks GCRT— P Assessor - certified addressee list 4 sets ma lingcap' covenants $200 fee payable to Town of Nantucket proof, P (If an appeal, ask Town Clerk to sen�ldg Coted record to BoA.) knowledge, under the pains and I certify that the requested information submitted is substantially complete and true to the best of my penalties of per ry. Applicant Attorney /agent X SIGNATURE: 3(If not owner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE C Application copies recd: 4_____ or_ for BoA on�/ by�L� l�y- -complete" One copy filed with Town Clerk on One copy each to Planning Bd and Building Dept b i /� by ived ? — $200 fee check given Town Treasurer on y /,�( (�� -� Ja'4ailed� I & MYJI, N 1 7� Hearing notice posted '-�!"' cont' d to_/�_� –J— withdrawn.--/--/— ma Hearing(s) on��._ Decision due by /--/— made_, / / _ filed TC��_. made _ lawsuits other See related cases