Loading...
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.