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Home My WebLink About050-89�� R? BOARD OF APPEALS OF NANTUCKET TOWN OF NANTUCKET NANTUCKET, MA 02554 File No. O, 5:0 "d `? r!ap Parcel IN RE: THE APPLICATION OF ig ad Upon the request of the Applicant(s) made prior to (check one) after publication of notice of a public hearing on the above captioned application, we acknowledge as a matter of right and without prejudice (check one) approve without prejudice , approve, but with prejudice the withdrawl V in full of the said application. (check one) of so much of the said application as Dated: Od -/31 uidlb i��1 F__ I r September 20, 1989��_�'� Ronald J. Santos, Building Commissioner Town of Nantucket Building Department East Chestnut Street Nantucket, Massachusetts 02554 Dear Commissioner Santos: On September 15, 1989, the Board of Appeals opened its public hearing upon an application relating to the premises owned by Michele L. Hovde, situated at 9 Coffin Street, Siasconset, and shown as Assessors Parcels 73.4.1 -15,16 and 34.1. This application requested a special permit for the alteration of a nonconforming structure, by constructing an addition to the northerly side of the present dwelling upon the premises. The issue before the Board relates to the requirement under Nantucket Zoning By -law Section 139- 7.A(3)(a), that a detached garage containing a secondary dwelling unit be located at least twelve feet behind the rear building line of the principal dwelling or at least twelve feet in front of the front building line of the principal dwelling. The premises abut two streets toward which the principal dwelling could be considered to "front ", and the principal dwelling has a door on the side facing each of the streets. If the front of the principal dwelling is considered to be the face toward Coffin Street, the existing garage /apartment structure is located about eight feet behind the rear of the principal dwelling; the proposed addition would eliminate this distance and result in a negative separation. On the other hand, if the front of the principal dwelling is considered as being the face toward Lindbergh Avenue, the existing separation of about two feet would not be affected, since the proposed addition will be forward of the rear line of the principal dwelling and will be located about ten feet in front of the existing garage /apartment. Based upon the materials presented to us, the Board is disposed to find that the structures pre- exist, in their present configuration, the 1972 adoption of the Nantucket zoning by -law. We are further disposed to find that the "front" of the principal dwelling is the face toward Lindbergh Avenue, rather than the face toward Coffin Street. We have learned at the hearing that the premises actually consist of three lots (now merged together as one to minimize nonconformity in lot area), and the principal dwelling is on Assessor's Parcel 73.4.1 -15, which abuts Lindbergh Avenue and not Coffin Street. While merger has given the combined tract frontage on Coffin Street as well, Ronald J. Santos, Building Commissioner September 20, 1989 Page Two the principal dwelling could only be considered as "fronting" on Lindbergh Avenue when it was built. If we so find, we will also be obliged to deny special permit relief as unnecessary, since the effect of the proposed addition will be extension of a single- family'residential structure which does not increase the nonconformity of the structure; this is expressly permitted under General Laws, Chapter 40A, Section 6, and Nantucket Zoning By -law Section 139 -33.A. We give no weight to the fact that the Assessor's records give the premises an address on Coffin Street; we take note of the fact that street addresses have been arbitrarily assigned by the Town, and that an owner has no say in this process. We are further advised by the applicant that the principal dwelling was historically addressed as 1'2 Lindbergh Avenue ", for a period of some forty to fifty years prior to the Town's preparation of its present Assessor's records, and the Assessor could just as well have given a Lindbergh Avenue address to the property as a Coffin Street one. Notwithstanding the August 15, 1989 letter from Bernard Bartlett, Building Inspector, to Mr. Hovde relating to the building permit application which had been filed, we feel that you should consider this matter further in the light of our deliberations. We have continued our public hearing to October 13, and will act at the that time upon Mr. Hovde's application if necessary. However, if you find upon review of this matter (as we are prepared to do) that the principal dwelling upon the premises fronts upon Lindbergh Avenue, we believe that the twelve -foot spacing requirement provides no impediment to the issuance of the necessary building permit for the proposed addition. In that event, would you please so notify us so that we can act appropriately with regard to the continued hearing. Thank you for your courtesy and consideration. Very truly yours, William R. She man, Chairman Nantucket Board of Appeals -7- c d v' - BoA Form 1 -89 �/Jjvj NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 APPLICATION FOR RELIEF Owner's name(s): "o Lo ;l- in I r' E Mailing address: Bo �(— 3')o S� Applicant's name: ►�1'ia rk ��- -lb Mailing address: k /?/,) Location of lot: Assessor's map and parcel number Street address: .J'?,. 5�, Case(Z ^Q ?q z�� Registry Land Ct Plan, Plan Bk & Pg or Plan File aZ-2 -5 -f> Date lot acquired: �/�� Deed Ref Zoning district le— 2- Use on lot - commercial: None -4 or MCD? o l OS - dwelling units: One / 2 or ? Apts? No. rental rooms Building date(s): all pre - 8/72? L /.QQ o-x C of O? Building Permit appl'n. Nos. p - if relevant. Case Nos. all BoA applications, lawsuits State fully all zoning relief sought and respective Code sections and subsectj-ons, specifically what you propose compared to present and what g ounds you urge for BoA to make each finding per Section XB -32A ffif Variance, 139 -30A K if a Special Permit (and 139 -33A if o alter or extend a nonconforming use). If appeal per 139 -31A Y, attach decision or order appealed l. Use addendum if needed. 139 7,(O-C-3) Items enclosed as part of this Application: Addendum 2Proof 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 si t 4 sets Ma.1ing labels 2 sets_ 5200 fee payable to Town of Nantucket Order 1 'cap' covenant l(If an appeal, ask Town Clerk to send Bldg Comr's record to BoA.) I certify hat the requested information submitted is substantially complete d true to the best o my knowledge, under the pains and penalti � f per; y. G ^ S 2 GNA v q / =// Applicant Attorney / agent � (If not owne / Applicant or ttorney, enclose proof of authority) 'toA Form 1 -89 owner's name(s): Mailing address: Applicant's name: Mailing address: NANTUCKET ZONING; HOARD OF APPEALS TOWN AND COUNTY BUILDINGS NANTUCKET, MA 02554 APPLICATION FOR RELIEF E-5111[e -Hovje- Date CASE No. 0)0 -a ! x 1z0. 'S,:.D n-2-6(A Cf--57- � �� Location of lot: Assessor's map and parcel number 3 •• ' 15-1 Street address: q C U - tVl . , JCo Ma Registry Land Ct Plan Plan Bk & Pg or Plan File Lotto Date lot acquired: /2'7 Deed Ref _, Zoning district 1'72 Uses on lot - commercial: None X or MCD? - number of: dwellings duplex apartments l rental rooms Uri�an 1 Building date(s): all pre -8/72. Zh C of O? � q ,1 Building Permit appl' n . Nos. /'Io+ 16je1 � 5� �� ) 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 1nd what ounds you urge for BoA to make each finding per Section 39 -32A X if Variance, 139 -30A if a Special Permit (and 139 -33A �{ i o lter or extend a nonc�orming use). If appeal per 139 -3 A & B, attach decision or order appealed. OK to attach addendum . �7b e- -i�-r�►�,�. � ��(c� �� / �� • ��Cl '1 i� 0.� �t - od'� Se�av o✓� i��we�+� kD r-e- a" A14- 4 . � � toe. � � . Items enclosed as part of this Application: orderl addendum2 Locus map Site plan showing present +planned structures Floor plans present proposed elevations (HDC approved ?m) Listings lot area frontage setbacks GCR parking data Assessor - certifies— addressee Ii t 4 sets majl ni g labels 2 sets_ 200 fee payable to Town of Nantucket proof 'cap' covenant (If an appeal, ask Town Clerk to sen —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, pp�e�,Crjury. I/�. SIGNATURE: LI, N&Q-P, Applicant Attorney /agent _ 3(If not owner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE i nai- i nn nAkin,= rcn 1 A • d nr fn-v,- AMA nn T August 15, 1989 BUILDING DEPARTMENT TOWN BUILDING ANNEX 2 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 Telephone 228 -6800 ext. 230 MR. N Newbury Hovde 9 Coffin Street Siasconset Mass. i . Dear Sir, Your application for a building permit to construct additional bedrooms within the dwelling located at Assessors Map 73.4.1. Parcel 15 has been reviewed and for the following reasons DENIED. The application does not meet the standards of 114.1 780 CMR: State Building Code Commission, as it does not meet all applicable laws and can not be issued. The Commonwealth of Massachuetts Executive Office of Environmental Quality Engineering Administrative Order 782, dated June 6, 1989, states that there shall no additional flows permitted into the town's sewer system. After consultation with Jeff Willet, Superintendent of Public Works for the Town of Nantucket, it has been determined that your proposal is subject to Administrative Order 782 and therefor would be in violation of the Administrative Order 782. Chapter 139 -7(3) of the Code of Nantucket mandates a second dwelling located above a garage be separated at least twelve feet behind the rear building line of the primary dwelling, when detached. The proposal encroaches on the existing nonconforming separation and is therefore in violation of the Code. Please be advised that you may appeal this decision of the Building Inspector to the Zoning Board of Appeals as provided for in 139- 29(D)(1)(b) of the Code of Nantucket. If you have any questions please call my office. Very Truly Yours Bernard Bartlett Building Inspector