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Home My WebLink About029-89C =D4:7 - SPIj .130WID 0:11 21SPEZZLO MASSI-liCHUSETTS 02SS4 C-21 June I 1 3-98 9 File NO. (029-39) r",o: Parties in and others Re: Decision 4-n the Appi-i-cat-Ion of WILLIAM B. MURPHY 4 Enclosed is the decision of the Board of Appeals which has this day been filed. with the 17antucket Town Clerk. An appeal from this dec is ion May e taken pu rsuan'r to Section 17 of Chapter 40A,,massachusetts General Laws. Any action appealing the decision rust- 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 oust be given to the Town Clerk so as to "Ce -receivet w2i_'Chin such. twenty 120) days. William R. Sherman, Chairman S 4 cc: Building � ,,,CMr 4 S J_oner Plannimq Board Town Clerk NANTUCKET ZONING BOARD Or APPEALS NANTUCKET, MA 02554 At a public hearing on Friday, May 26, 1989, at 1:00 p.m. in the Town and County Building, Nantucket, on the Application (029 -89) of WILLIAM B. MURPHY having an address at 1517 Plumtree Road, Springfield, MA 01119, the Nantucket zoning Board of Appeals made the following DECISION: 1. Applicant seeks a Special Permit under Section 139 -33A of the zoning Bylaw to construct a single -story addition to his 1 -1/2 story, single - family dwelling without increasing the pre - existing 5.4 -feet intrusion into the 30 -foot front -yard setback required by Section 139 -16A. The addition will extend to the south, continuing the existing easterly building line, some 12 feet beyond the existing south building line. The present front deck will be replaced with an entry stoop at the front door. 2. The premises are located at 32 Sankaty Road at its intersection with Sconset Avenue, Siasccrset, Assessor's Parcel 49.2.3 -025, Deed Ref.Book 172, Page 68, zoned Residential -2. 3. Our findings are based upon the Application papers including a set (our Exhibit "A") of -3 elevations, one floor plan and a marked -up plot plan, a photoprint and representations and testimony received at our hearing. 4. Based upon Applicant's uncontraverted representation, we find that Applicant's dwelling pre -dated the 1972 adoption of zoning. The plot plan (dated 3/20/89) shows the front -yard setbacks to the front building 'Line of 24.9' at the northeast corner and 24.6' at the southeast corner. Attached across the front of the dwelling is an "L"- shaped deck, extending out from it about 4 feet plus an 8' -foot length toward the street from the southeast corner. That 8' -foot length will be removed when the addition is constructed as will the rest of the deck. No evidence was presented that the front deck, itself, pre -dated zoning. in any event, the dwelling qualifies as a pre - existing, nonconforming structure entitled to 'grandfathering'. 5. The proposed addition will extend to the south 12' from the present dwelling and 18 feet eastwardly (i.e., toward the front) from an existing deck attached to the south elevation of the dwelling. (The east and west elevations of Exhibit "A" incorrectly show, by scaling, a 16' southward extension of the addit =on.) As represented by File No. 029 -89 Applicant at the hearing, however, the addition will not increase the pre- existing front -yard intrusion of the dwelling itself. This was of concern to the Board because the front of the dwelling is angled so that its front building line converges slightly toward the street line in the southward direction. The 12' x 18' addition is said to increase ground coverage ratio from the existing 10.8% to 11.88 %, still less than the allowable 12.5% for this undersized 13,500 -SF lot. Existing cover is about 1460 SF. With the 216 -SF addition, total cover is 1676 SF for a still permissible 12.40. 6. No opposition was heard, and the Planning Board's recommendation was favorable. We find that the proposed addition will not be substantially more detrimental to the neighborhood. Nor will the nonconforming intrusion into the required front -yard setback be increased. Relief will be in harmony with the general purpose and intent of the zoning Bylaw, codified in Chapter 139. 7. Accordingly, by unanimous vote, this Board grants to Applicant the requested Special Permit under Section 139 -33A to construct the proposed addition in substantial conformity with Exhibit "A" as set forth above. Dated June q, 1989 Will icim R.1 Sherman M i O ' Peter F. Dooley - 2 - 0 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 May 11, 1989 NOTICE A public hearing of the Board of Appeals will be held on Friday, May 26, 1989, at 1:00 p.m. in the Town and County Building, Nantucket, on the Application of: WILLIAM B. MURPHY Board of Appeals File No. OZ9 -89 seeking a Special Permit under Section 139 -33A to alter and extend his nonconforming single - family dwelling by constructing a single -story addition in place of the southeasterly corner portion of an existing L- shaped deck, increasing ground cover by 216 -SF from 10.8 to 11.9% of his 13,500 -SF corner lot. The present 3.8' intrusion (by the deck corner) into the front -yard setback will not be increased. The premises are at 32 Sankaty Road at its intersection with Sconset Avenue, Siasconset, Assessor's Parcel 49.2.3 -25, Deed Ref. Book 172, Page 68, zoned Residential -2 r William R. Sherman, Chairman h" BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 APPLICATION FOR RELIEF Owner's name(s): _„/ Lam: , << �, t �/ " '- - f. Mailing address: Applicant's name:Tt Mailing address: Location of lot: Assessor's map and parcel number Street address: 445-aa/ e CASE No. -_a 0/1 11 Registry Land Ct Plan, Plan Bk & g or Plan File Lot Date lot acquired: ��_ Deed Ref _, Zoning district Z, Uses on lot - commercial: None — or MCD? - number of: dwellings duplex apartments rental rooms Building date(s): all pre - 8/72 ?Y Sor C of O? Building Permit appl'n. Nos. Case Nos. all BoA applications, lawsuits: State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grounds you urge for BoA to make each finding per Section 139-32A I� if Variance, 139 -30A if a Special Permit (and 139 -33A if to alter or extend a nonconforming use). If appeal per 139 -31A & — attach decision or order appealed. Baled. OK,to attach endum . Items enclosed as part of this Application: orderl addendum2 Locus map Site plan < showing presentr✓ +planned_1Z sroved?rej Floor plans present frontage d elevations ( parking data Listings lot area frontageT setbacks GCRT p g Assessor - certified addressee list 4 sets i"_ mailing labels covenants� $200 fee payable to Town of Nantucket_ proof 'cap' l(If an appeal, ask Town Clerk to send Bldg Comr's record to BoA.) I certify ndatrueetoethesbestinformation is knowledge, underthesubstantially and complete a penalties of perjury. * Applicant L,-' Attorney /agent SIGNATURE 3(If not owner or owner's at orne enclose proof of authority) FOR BoA OFFICE USE �� 050A Form 1-67 APPEICATj.LA_ NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") Owner's name(s):-, �� ,tailing address: Z i i -kpplicant' s name wailing address: 7 :.ocation of lot(s): Assessor's map. and parcel: Street address Registry LC PL, PL BK & PG, PL FL Lot Deed ref. Subdivision Endorsed /_ /_ ANR? )ate Lot(s) acquired: _ //_ Zoning district lumber of dwelling units on lots) _ Rental guest Rooms commercial use on lot(s): MCD? 'wilding date(s): all pre-'72 zoning?. _� -5--_ or Building permit application-Nos. and dates C of 0? ,ase No(s). or dates all prior BOA applications: tate 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: i 1 i - , nciosures forming part of this Application: Supplement bo above Site /plot.plan(s) 41 with present /proposed structures Locus map Floor plans present /proposed Appeal record' Needed: areas frontage setbacks GCR% parking data_ Assessor's certified addressee list (4 sets) Mailing labels (2:•s�ts�° Fee check for $2.6)0.00 payable to Town of Nantucket ?'Cap" covenant certify that the requested information submitted is substantially complete and true-to the best of my knowledge,' under pains and penaltiesJof perjury] nature• %� � Applicant Attorney /agent t app} :). .f not owner, show basis for authority