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Home My WebLink About032-89D '3� - 9 � NANTUCKET ZONING BOARD OF APPEALS NANTUCKET, KASSACRUSETTB 02554 June 7 , 1989 File No.(032 -89) To: Parties in interest and others Re: Decision in the Application of JAMES W. WHITT, JR. AND MARY BELL LEBUS WHITT 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. gAay action appealing the decision must be brought by 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 r NANTUCKET ZONING BOARD OF 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 (032 -89) of JAMES W. WHITT, JR., and MARY BELL LeBUS WHITT having an address at 1620 Tates Creek Road, Lexington, KY 40502, the Nantucket zoning Board of Appeals made the following DECISION: 1. Applicants seek a Special Permit under Section 139 -33A of the zoning Bylaw to alter and extend a nonconforming garage by adding a 4' x 20' -9" shed on the west side, the nonconformity being on the other side to the east where an easterly corner intrudes about 3.3' into the 5 -foot side -yard setback required by Section 139 -16C. 2. The premises are located at 14,Lincoln Avenue, Assessor's Parcel 30 -182, Deed Ref Book 124, Page 558, zoned Residential -1. 3. Our findings are based upon the Application papers including a 12/15/88 site plan and undated elevaton and floor plan (together referred to as our Exhibit "A"), a photoprint and viewing, together with representations and testimony received at our hearing. 4. We find that Applicants' 16,580 -SF lot, like their lot abutting the northwesterly side lot line, is a through lot. That is, the front lot line is on Lincoln Avenue (where it is formed as a circle) and the rear lot line is on Capaum Road. Their garage as well as their single- family dwelling are sited, since prior to the 1972 adoption of zoning, so as to intrude into the 5 -foot southwesterly side lot -line setback. The 633 -SF garage, at its nearest corner, is 1.61' from that side lot line. Double garage doors are now hung on the northwesterly face of the garage, the side on which the proposed shed addition is to be consructed. Existing ground cover is 20.6 %, so the proposed 83 -SF addition will not reach the permissible 30 %. 5. The proposed new shed will allow increased storage or other garage- related uses. The garage is not used for human habitation nor for occasional overflow sleeping but simply as an accessory building. With the existing garage doors replaced by the new shed, vehicular access to the garage will be provided by two doors on the side facing Capaum Road. The exterior design of the garage with these proposed changes has been approved by the Historic District Commission, Certificate of Apropriateness No. File No. 032 -89 19,699. 6. The Planning Board's recommendation was favorable,, and no opposition was heard. We'find that the proposed new shed addition meets the requirements for Special Permit relief under 'grandfathering' Section 139 -33A. The addition will not be substantially more detrimental to the neighborhood: relief will be in harmony with the general purpose and intent of the zoning Bylaw, codified in Chapter 139. 7. Accordingly, this Board by unanimous vote grants to Applicants the requested Special Permit under Section 139 -33A to construct the proposed shed addition to the garage in substantial conformity with the Exhibit "A" plans. Dated June , 1989 =ra eale Willi m R.�Sherman ltdbert eichter Mi lel"`J. O'Mara // a"II Ann G. Balas - 2 - 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: JAMES W. WHITT, JR. and MARY BELL LeBUS WHITT Board of Appeals File No. 032 -89 seeking a'Special Permit under Section 139 -33A to alter and extend a nonconforming garage by adding a 4' X 2019" shed on the west side in lieu of the double doors (which will be relocated to the south side) . The 3.3 %foot encroachment into the easterly side lot line setback will remain unchanged. The premises are at 14 and 16 Lincoln Avenue, Assessor's Parcels 30 -181 & -182, Deed Ref Book 124, Page 558, zoned Residential -1. William R. Sherman, Chairman BoA Form 1 -89 NANTTOOWTANDNCOUNTYBOARD APPEALS BUILDING Da NANTUCKET, MA 02554 CASE No,g�2 R APPLICATION FOR RELIEF Owner's name(s): Mr. 6 Mrs James Whitt Mailing address: 1620 Tates Creek RD., Lexington KY 40502 Applicant's name: Mr. 6 Mrs. James Mailing address: 1620 Tates Creek Road, Lexington, KY 40502 Location of lot: Assessor's map and parcel number 30 - 181 6 182 14 Lincoln Avenue, Nantucket, MA 02554 Street address: Registry Land Ct Plan, Plan Bk & Pg or Plan File _ ,Lot 3k Date lot acquired: j �3 Deed Ref 17.4,55B Zoning diltrict Uses on lot - commercial: None XX or MCD? - number of: dwellings one duplex Building date(s) : all pre -8/72? XXX or Building Permit appl'n. Nos. apartments rental rooms Case Nos. all BoA applications, lawsuits: none C of O? yes 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 if Variance, 139 -30A if a Special Permit (and 139 -33A if to alter or extend a nonconforming use). If appeal per 139 -3�A & B attach decision or order appealed. OK to attach addendum We are applying under section 139 -33A to alter and extend a previously existing non - conforming use. We wish to move the existing garage doors From the west side to the south side, then erect a 4' -0" X 20' -9" shed addition on the west side. The east side encroaches on the side yard setback and the addition would be on the opposite side of this encroachment. We have HDC'approval for this alteration. The garage predates 1972. Items enclosed as part of this Application: orderl addendum2 Locus map Site plan showing present. +planned structures Floor plans present proposed elevations (HDC approved ?_) Listings lot area frontage. setbacks GCR parking data Assessor - certified addressee list 4 sets ma l g labels 2 sets- 200 fee payable to Town of Nantucket proof 'cap' covenant (If an appeal, ask Town Clerk to send Bldg Comr's record to BoA.) I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of erjury. f C SIGNATURE: Applicant �4� �i' /agent XXX ' 3(If not owner or owner's attorney, enclose proof of authority) Certificate No. I �O Date Issued: V APPLICATION TO THE HISTORIC DISTRICT COMMISSION Nantucket Massachusetts for CERTIFICATE OF APPROPRIATENESS - STRUCTURAL WORK An application is hereby made for issuance of a Certificate of Appropriateness under Chapter 395 Acts and Resolves of Massachusetts, 1970 proposed work as described below, and on plans, drawings and photographs accompanying this appli- cation. This is a contractual agreement. Fill out in ink. TAX MAP NO rl PARCEL NO. 119 z OWNER OF RECORD: Mrry ^ =::11 I_cf)u�? Whi t-. 1-1 DATE: " P4arch, '`7n.S 1G2D 'Fctc.s- Creek Floc -d �nF;p -n,.,_,= ..r --)F ;- 7(1 HOME ADDRESS: ZIP: TEL. NO. ADDRESS OF PROPOSED WORK: �� ir-1c,.11.ri Avicerii.ie, N.11-1i;iickR:t 6•Ji 11 .i�.m P ^3 u ir� `; l_.h�r tJc554 NAME AND ADDRESS OF AGENT: cf tL)�: TEL. NO.: All drawings submitted must be of V scale and will be retained by this office. DESCRIPTION DWELLING_ ADDITION GARAGE_ COMMERCIAL_ OF WORK HISTORIC RESTORATION_ 'PAVING_ STEPS_ FENCE SIZE OF STRUCTURE: Length ''n' -r' Width n r 'n" WOOD DECK: Size 1st Fl. DIFFERENCE BETWEEN EXISTING GRADE AND FINISH GRADE: HEIGHT OF RIDGE ABOVE FINISH GRADE: N.n' -0 S. RAZING or DEMOLITION GATE_ OTHER_ Square Footage 2nd Fl. E. W. COLOR Sidewall 'r0 WFATHFFi Roofing TMF Doors EXISTING 1,� f ;nNC . Fence NA Trim l Mir- Foundation Sash rwz Shutters JUME Deck NA Received by HDC office � SIGNATURE OF OWNER OF RECORD VALID FOR 12 MONTHS FROM DATE OF ISSUANCE. MAY BE RENEWED. NO STRUCTURE MAY DIFFER FROM THE APPROVED APPLICATION. APPROVED -�, / ✓� i DISAPPROVED n airman s -- COMMENTS: r't' V � DETAIL 1. Foundation: Height Exposed ` -," Con. Blk. Blk. parged Brick type 2. Chimney: Block parged Brick Type A d cl i t i o ri u F s h^ d t o 3. ood Garage Doors e x i i ri o r i . Wood Louvers s t r 7.) g e �' Move 0 or2nn doors 4. Skylight: (Flat Only) Type Size From Northwest side Opp 5. Roof Pitch: �! / 1 2 Dormer Pitch to Southwest L ' — 11 eu1e rxi7-ti.ria� c- 1-rarle [ ::1 Ln 6. oofing Material: Asphalt X X Wood O . �_`�1 I 7. eader Material Size a Yerrti1UW that Bled F 8. ,utter Material m your Size iffer f Yomahout prto,h �� 9. Fascia .Size TMW2 1�'` Soffit (I nom• (, ti62tsize Cornerboard Size T MF } —� 0. 'idewall: White Cedar Shingles XX Clapboard Other 11. Window style: Double hung Crankout muntins Snap -in Grills 12. Door type: Front ' Rear Other Material COLOR Sidewall 'r0 WFATHFFi Roofing TMF Doors EXISTING 1,� f ;nNC . Fence NA Trim l Mir- Foundation Sash rwz Shutters JUME Deck NA Received by HDC office � SIGNATURE OF OWNER OF RECORD VALID FOR 12 MONTHS FROM DATE OF ISSUANCE. MAY BE RENEWED. NO STRUCTURE MAY DIFFER FROM THE APPROVED APPLICATION. APPROVED -�, / ✓� i DISAPPROVED n airman s -- COMMENTS: r't' V �