The URL can be used to link to this page

Home My WebLink About056-89Y. � • V Form 3 -89 TOWN OF NANTUCKET 0 5(a - BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 October 31 , 1989 To: Parties in interest and others concerned with the decision of the Board of Appeals in Application No. 056 -89 of: MICHAEL D. HARTRICK AND JANE E. HARTRICK 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 day's 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: Town Clerk Planning Board Building Commissioner ,• r .1 NANTUCKET ZONING BOARD OF APPEALS NANTUCKET, MA 02554 At a public hearing on Friday, October 13, 1989, at 1:00 p.m. in the Town and County Building, Nantucket, on the Application (056 -89) of MICHAEL D. HARTRICK and JANE E. HARTRICK having an address at 77 Baby Point Crescent, Toronto, Ontario, Canada M652B7, the Nantucket zoning Board of Appeals made the following DECISION: 1. Applicant seeks a Special Permit under zoning Bylaw Section 139 -33A (or, if necessary, a Variance from the 10 -foot side -yard setback required by Section 139 -16C) to extend the porch on the north side about thirteen (13) feet westward along Ballantyne Lane toward Baxter Road. The porch, which is attached to the principal dwelling, is said to pre -date 1972 adoption of zoning in its nonconforming intrusion about 9 feet into the setback. The nonconformity is not to be increased by the proposed extension of the porch. 2. The premises are located at 31 Baxter Road, Siasconset, Assessor's Parcel 49.2.3 -008, and zoned Residential -2. The unimproved way Ballantyne Lane bounds the premises on the north side, and to the east is the Sankaty Bluff and Atlantic Ocean. 3. Our findings are based upon the Application papers, a 5 -sheet set of plans - site plan, elevations and floor plans - dated on or about 9/13/89 (our Exhibit "A"), photoprints, correspondence from the northerly abutter, testimony and representations received at our hearing. 4. In conjunction with other proposed additions shown on Exhibit "A ", Applicants would extend an existing one -story U- shaped porch on the ocean -side of their home about 13 feet to the west, i.e., toward the front of the property. The added portion of this wrap- around porch is shown shaded on the site plan of Exhibit "A ". Like the existing northerly portion of the porch, the added portion is setback about 1 foot from the northerly lot line along Ballantyne Lane and is attached to the dwelling. It is to be one - story, of a design the same as or similar to the existing porch, open to the weather. Such openness is material in assuring a minimum obstruction of views through to the ocean. 5. The northerly abutter, the most likely to be impacted by close proximity of his dwelling just to the north of Ballantyne Lane, supports the requested relief as an improvement in appearance and enhancement of the File No. 056 -89 r neighborhood. The Planning Board's recommendation is favorable. The owner across Baxter Road expressed concern about continuing visual and pedestrian access along Ballantyne Lane. These concerns are addressed, to the extent of our jurisdiction, in the conditions upon relief here granted. 6. We condition relief upon the following: (1) the roof of the new porch addition shall be substantially the same height as the existing porch roof to which it will be joined; (2) the new porch addition will be open and of substantially the same style as the existing porch; and (3) the alterations and additions will be in substantial conformity with Exhibit "A ". 7. With these conditions, we find that the proposed relief will not be substantially more detrimental to the neighborhood and will be in harmony with the general purpose and intent of the zoning Code. Variance relief, being found unnecessary and inappropriate here, is denied. 8. Accordingly, by unanimous vote this Board grants to Applicants the requested Special Permit under Section 139 -33A to construct the proposed porch addition, upon the conditions noted above. �i ...� Je ,F�il,✓Cs6, �!o%ik - 2 - NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 September 28, 1989 NOTICE A public hearing of the Board of Appeals will be held on Friday, October 13, 1989, at 1:00 P.M. in the Town and County Building, Nantucket, on the Application of: MICHAEL D. and JANE E. HATRICK Board of Appeals File No. OS(o-89 seeking a Special Permit under Section 139 -33A (or, if necessary, a Variance from the 10 -foot side -yard setback required by Section 139 -16C) to extend the north -side porch about 13 feet westward along Ballantine Lane toward Baxter Road. The porch, attached to the principal dwelling, is said to pre -date 1972 zoning in its nonconforming intrusion about 9 feet into the setback. Such nonconforming distance will not be increased by the porch extension nor by a 375 -SF addition to the house extending toward a proposed 448 -SF guest house. The premises are at 31 Baxter Road, Siasconset, Assessor's Parcel 49.2.3 -008, and zoned Residential -2. �GJ?�L Gam—✓ � ,,,r —�"__ William R. Sh4p6an, Chairman BoA Form 1 -89 r NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, KA 02554 CASE No APPLICATION FOR RELIEF Owner's name(s): Michael D. and Jane E. Hartrick Mailing address: 77 Baby Point Crescent_ Toronto- oNT cAa Mfic9n7 Applicant's name: Michael n. and Jana F Hartrick Mailing address: same Location of lot: Assessor's map and parcel number 4923- 008 Street address: 31 Baxter Road, Siasconset. MA Registry Land Ct Plan, Plan Bk & Pg or Plan File Lot Date lot acquired: § /c Deed Ref 32 7/24 Zoning district R -2 Uses on lot - commercial: None X or MCD? - number of: dwellings_ duplex_ apartments— rental rooms_ Building date(s): all pre -8/72? _ or Building Permit appl'n. Nos. Case Nos. all BoA applications, lawsuits: C of O? 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. Applicant requests a Spacial Permit pursuit to § 139 334 or, in the alternative, Variance Relief under § 139-32A to enlarge a non-conformi-ng dwelling, which pre - exists the adoption of the totting By -Law. Relief is necessary since the existing porch, which is within the ten (10) foot setback, will be extended by approxiamtely thirteen (13) feet without increasing the existing non ccnfonrdty. NOTE: The existing ground covet' including a shed (which is to be remved) is 1,135 sq. ft. or 5.09% ground cover ratio. The proposed addition to the house is 375 sq. ft., and the proposed guest house is 448 sq. ft. for a total square f000tage (including existing house) of 1,898 sq. ft. with r 8.5% ground cover ratio. Thus, no relief is Necessary for gmmd cover. Items enclosed as part of this Application: orderl addendum2 Locus map__L Site plan_ showing presen +planned X structures Floor plans present proposed t elevations (HDC aapproved ?_) Listings lot area frontage setbacks GCR parking data Assessor- certifie3 addressee 1-1st 4 sets � - majling labels 2 sets $200 fee payable to Town of Nantucketoof 'cap' covenant ?(If an appeal, ask Town Clerk to sent -Bldg Comr's record to BoA.) I certify that the requested information submitted is substantially complete anst of my knowledge, under the pains and penalties \ / SIGNATURE: Applicant Attorney /agent x J- 3(If not owner or owner's attorney, enclose proof of authority) FOR BoA,OFFICE USE Application copies recd: 4 or_ for BoA on by �~- One copy filed with Town Clerk onycomplete ?_6,,�' One copy each to Planning Bd and Building Dept -DLJ� by� $200 fee check given Town Treasurer on -C- K5yaived ?_ Hearing notice posted/2/ailedI & Hearing(s) on_/_/_ cont'd to_/_/_, ��_ withdrawn ?_ /_/__ Decision due by_/_/_ made_f_/_ filed TC�_/_ mailed i See related cases lawsuits other