HomeMy WebLinkAbout037-89a30 7 - 8< 7
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
0.u9 U'4-t 91 1 CVQ
File No. 03*2 _09
To: Parties in interest and others
Re: Decision in the Application of:
STS Q ►--LN ►n - b LE aP� d- C fP-�tF- �2 jv C- C L E 4e
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.
./v Y
William R. Sherman, Chairman
cc: Building Commissioner
Planning Board
Town Clerk
NANTUCKET ZONING
BOARD OF APPEALS
NANTUCKET, MA 02554
At a public hearing on Friday, July 21, 1989, at
1:00 p.m. in the Town and County Building, Nantucket, on
the Application (037 -89) of STEPHEN M. FOLB and CATHERINE
C. CLEARE having an address at 20 Brownley Drive,
Stamford, CT 06905, the Nantucket zoning Board of Appeals
made the following DECISION:
1. Applicants seek a Special Permit under zoning Bylaw
Section 139 -33A to alter and extend an existing shed - an
accessory building nonconforming because of its about
3.6 -foot intrusion into the required 5 -foot side -yard
setback. The shed is also nonconforming in that the 30%
ground cover ratio permitted by Section 139 -16A is
exceeded. Counting the ground cover of the shed, the
existing GCR is 34.6 %. They propose to construct a 7' x 9'
addition to the westerly face of the shed to increase its
storage capacity, with a resultant increase in ground
cover to 36.1% GCR.
2. The premises are located at 16 Pine Street at the
corner of Charter Street, Assessor's Parcel 42.3.2 -055,
Deed Ref Book 308, Page 14, zoned Residential -Old
Historic.
3. Our findings are based upon the Application papers,
viewings and photoprints of the premises and
correspondence, together with representations and
testimony received at our hearing of June 23, 1989.
4. We find that Applicants' 4080 SF lot is undersized, as
is true of many lots in this neighborhood and district
where minimum lot size is 5000 SF. Both the principal
building on the lot, a single - family dwelling, and the
shed are represented by Applicants as pre- dating the 1972
adoption of zoning and thus "pre- existing" in the
terminology of the 'grandfathering' Section 139 -33A under
which relief is sought.
5. The existing one - story, gabled shed is sited in the
rear interior corner of the lot less than 2 feet from the
side lot line. The proposed 7' x 9' one -story enlargement
is said to offer added storage space, e.g., for a lengthy
sailboard. The present 97 SF of excess ground cover would
be increased by 65% to 160 SF excess.
6. This addition is opposed by the immediate neighbors.
Their concerns include a loss of the "open theme" of the
neighborhood, leading to a more "enclose[d]" feeling,
File No. 037 -89
preservation of the historic character of the buildings
there, and the perception that Applicants at the time of
their recent purchase of the premises would respect these
qualities giving the neighborhood its particular
character.
7. To grant relief, we must find that the addition is "not
substantially more detrimental to the neighborhood" and
that, as with all special permit relief, the relief would
be "in harmony with the general purpose and intent" of the
zoning Bylaw. We are unable to make either of these
findings.
8. Increasing an already excessive ground cover is not in
harmony with the Bylaw but, rather, is detrimental to the
neighborhood. Where we have in the past found added ground
cover not substantially more detrimental, we have done so
because other factors in the increase were sufficiently
favorable to the neighborhood or the increase was de
minimus and unopposed. The immediate neighborhood around
the Pine and Charter intersection, which we must consider
for purposes of the required finding, is of an
exceptional, settled character with significant historical
qualities. Given the clear neighborhood opposition and the
absense of some more compelling positive factor from the
neighborhood perspective, precedent requires a denial of
relief. In reaching this determination, we are mindful
that some of our Board members could support a grant of
relief conditioned upon no height increase or other
building enlargement on the premises other than the
proposed addition and such addition - for storage uses
only - not to come closer to the lot line than the present
1.4 feet.
9. Upon a motion to grant the requested relief, even
subject to those conditions, the vote was 2 in favor and 2
opposed. Since a favorable vote of 4 members is a
requisite to the grant of relief, the requested relief is
accordingly DENIED.
Dated August 9 , 1989
n G Ba
JJ/Le i chter
- 2 -
VAUGHAN, DALE AND PHILBRICK
May 25, 1989
Mr. William Sherman, Chairman
Nantucket Zoning Board of Appeals
Town and County Building
Broad Street
Nantucket, Massachusetts 02554
RE: 16 Pine Street (tax map 4232. Parcel 055)
Dear Bill:
Enclosed for filing is the application of Stephen Folb and
Catherine C. Cleare in connection with the above - referenced
property through which they are seeking a Special Permit to add
a 9 x 7 foot addition to an existing shed.
Also enclosed are the required mailing labels, abutters list
and a check for the $200.00 filing fee. Please call if you have
any questions.
Sincerely,
MDP /md
encl.
cc: Mr. Stephen Folb and
Ms. Catherine Cleare
ATTORNEYS AT LAW
EDWARD FOLEY VAUGHAN
WHALERS LANE
KEVIN F. DALE
NANTUCKET, MASS 02554
MELISSA D. PHILBRICK
-
�.
TEL:(508) 228 -4455
RACHEL G. HOBART
FAX:(508) 228 -3070
May 25, 1989
Mr. William Sherman, Chairman
Nantucket Zoning Board of Appeals
Town and County Building
Broad Street
Nantucket, Massachusetts 02554
RE: 16 Pine Street (tax map 4232. Parcel 055)
Dear Bill:
Enclosed for filing is the application of Stephen Folb and
Catherine C. Cleare in connection with the above - referenced
property through which they are seeking a Special Permit to add
a 9 x 7 foot addition to an existing shed.
Also enclosed are the required mailing labels, abutters list
and a check for the $200.00 filing fee. Please call if you have
any questions.
Sincerely,
MDP /md
encl.
cc: Mr. Stephen Folb and
Ms. Catherine Cleare
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
June 8, 1989
NOTICE
A public hearing of the Board of Appeals will be held
on Friday, June 23, 1989, at 1:00 p.m. in the Town
and County Building, Nantucket, on the Application of:
STEPHEN M. FOLB and CATHERINE C. CLEARE
Board of Appeals File No. 037 -89
seeking a Special Permit under Section 139 -33A to alter
and extend an existing shed, nonconforming because of its
about 3.6 -foot intrusion into the required 5 -foot
side -yard setback, by constructing a 7' x 9' addition to
the westerly face of the shed. Adding the proposed 63 SF
of ground cover to the existing about 1410 SF of cover
will increase ground coverage ratio on their 4080 -SF lot
from 34.6 to 36.1 %, with up to 30% GCR being permitted.
The shed and existing GCR are said to pre -irate 1972
zoning, thus 'grandfathered'.
The premises are at 16 Pine Street, Assessor's Parcel
42.3.2 -055, Deed Ref Book 308, Page 14, and zoned
Residentival -Old Historic.
William R. Sherman, Chairman
ii
BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS Ma_, 1989
TOWN AND COUNTY BUILDING Date
NANTUCKET, KA 02554 CASE No.o3?
APPLICATION FOR RELIEF
Owner's name(s): Stephen M Folb and Catherine r Cla ra —
Mailing address: 20 Brownlee Drive c *� fnri Connecticut 06905
Applicant's name:
Mailing address:
SAMF
Location of lot: Assessor's map and parcel number423_2- 55
Street address: 16 Pine Street
Registry DMdX)=XF11€t4X, Plan Bk & Pg cYKXX' iip4X X1Xic Lot N/A
Date lot acquired: j_/_L3j 88 Deed Ref 308 ,14 Zoning district ROH
Uses on lot - commercial: None X or MCD ?-
- number of: dwellings 1 duplex— apartments_ rental rooms—
Building date(s): all pre -8/72? X or
C of O? yes
Building Permit appl'n. Nos. Renovations to dwelling 4671 -RS -
Case Nos. all BoA applications, lawsuits: NONE
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 X if a Special Permit (and 139 -33A
X if to alter or extend a nonconforming use). If appeal per 139 -3�A
-&-B , attach decision or order appealed. OK to attach addendum .
SEE ATTACHED ADDENDUM
Items enclosed as part of this Application: orderl addendum2 X
Locus map x Site plan X showing present +planned— structures
Floor plans present proposed_ -__ elevations (HDC approved?—)
Listings lot area X frontage X setbacks X GCR�_ parking data
Assessor addressee list 4 sets X ma ling labels 2 setsX
51200 fee payable to Town of Nantucket X 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 erjur .
SIGNATU Gc.� Applicant Attorney /agent X
Melissa D. ilbrick, Attorney for Stephen M. golb and Catherine C. ClQare
3(If not ner or owner's attorney, enclose proof of authority)
FOR BoA OFFICE USE C ' 1
Application copies rec'd: 4 F/ or_ for BoA on AY !�'i`�'/I_
One copy filed with Town Clerk on-&/ =f by complete ?-Q---,)
One copy each to Planning Bd and Building Dept-(J2/P P� by (,
$200 fee check given own (Treasurer/ on��/�bY waived?
/�
11earing notice poste /( mailed�e� I & M( /
Hearing(s) on__/__/_ cont'd to--/ __/_, ��— withdrawn ?__/_-J_
Decision due by__/--/_ made_/_/_ filed TC_/__I_ mailed—j—/
See related cases lawsuits other
ADDENDUM TO APPLICATION
of Stephen M. Folb and Catherine C. Cleare
The Applicants are seeking a Special Permit under Sections
139 -33A and 30A to add a 9 x 7 foot addition to the existing
shed as shown on the plan. The existing shed is sited less than
2 feet from the side lot line. The addition would be no closer
to that lot line than the existing structure. The lot area
(4080 square feet) is less than the 5000 square feet currently
required and therefore only 30% ground cover is permitted (1215
square feet). The existing ground cover is approximately 1410
square feet. With the addition to the shed, the ground cover
will be approximately 1473 square feet. This represents a 1.5%
increase in ground cover from the 34.6% existing to 36.1 %. This
addition, given the character of the surrounding neighborhood,
will not be substantially more determental to the neighborhood.