HomeMy WebLinkAbout002-90Form 3 -89
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
January 74 , 19 90
To: Parties in interest and others
concerned with the decision of the
Board of Appeals in Application No. 002 -90
of: Joan M. Farrell
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.
r
William R. Sherman, Chairman
cc: Town Clerk
Planning Board
Building Commissioner
NANTUCKET ZONING
BOARD OF APPEALS
NANTUCKET, MA 02554
At a public hearing on Friday, January 19, 1990, at
1:00 p.m. in the Town and County Building, Nantucket, on
the Application (002 -90) of JOAN M. FARRELL having an
address at 27 Milk Street, Nantucket, MA 02554, the
Nantucket zoning Board of Appeals made the following
DECISION:
1. Applicant seeks a Special Permit under zoning Bylaw
Section 139 -33A to alter and extend her single - family
dwelling by constructing a bay window on the rear facade.
As the area of her lot of record is 2568 SF, i.e., less
than the required 5000 SF, and the existing 845 -SF ground
cover of her dwelling exceeds the allowable 30% ground
cover ratio, the relief she seeks is based upon these
pre- existing nonconformities.
2. The premises are located at 27 Milk Street, Assessor's
Parcel 42.3. -090, Plan Book 199 at page 270, zoned
Residential -Old Historic.
3. Our findings are based upon the Application papers
including a copy of the Certificate of Appropriateness No.
20,453 granted by the Historic District Commission; also,
viewing, and testimony and representations received at our
hearing. We refer to the rear - elevation plan of that HDC
document as our Exhibit "A ", copy attached.
4. As shown on Exhibit "A", the proposed bay window is
about 9' wide and about 6' high up to its flared roof
portion. When installed, it will have a projecting
overhang of about 1.5' and thus would result in about 11.5
SF of added ground cover.
5. For many alterations to pre- existing, nonconforming
single - family dwellings, Section 139 -33A provides an
exemption corresponding to the exemption in the State
Zoning Act. However, alterations like the present one
which increase the nonconforming nature of the dwelling
(here, the already excessive ground cover) are not allowed
without a Special Permit.
6. For us to grant the requested Special Permit, we must
find that the alteration will not be substantially more
detrimental to the neighborhood. We readily make that
finding, there being no evidence of a detriment arising
from this small increase in cover. No objection was heard,
and the Planning Board's recommendation was favorable. We
further find that granting the requested relief will be in
File No. 002 -89
harmony with the general purpose and intent of the zoning
chapter of the Nantucket Code.
7. Accordingly, by unanimous vote, this Board grants to
Applicant the requested Special Permit under Section
139 -33A to install the bay window in substantial
conformity with the showing in Exhibit "A ".
Dated January ZCO, 1990
B r F. D ley Willia R. S "Aa, rman
4Z4-O-,t �/� _:� U
Bert eichter j4icha + O'Mara
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- 2 -
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
December 18, 1989
NOTICE
A public hearing of the Board of Appeals will be held
on Friday, January 19, 1989, at 1:00 p.m. in the Town
and County Building, Nantucket, on the Application of:
JOAN M. FARRELL
Board of Appeals File No. 001 -90
seeking a Special Permit under Section 139 -33A to alter
and extend her single- family dwelling by constructing a
bay window on the rear facade. With an undersized lot area
of 2568 SF, ground cover ratio allowed for a lot of record
is 30 %. The dwelling's existing cover of 845 SF or 32.90
would be increased by about 1.5 SF with the bay window.
The premises are at 27 Milk Street, Assessor's Parcel
42.3.3 -090, Plan Book 199 at Page 270, zoned
Residential -Old Historic.
William R. Sherman, Chairman
BoA Form 1 -89
Owner's name(s):
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
APPLICATION FOR RELIEF
Joan M. Farrell,
Mailing address: 27 Milk Street, Nantucket, MA 02554
Dec. 13, 1989
Date
CASE N0.02Z �L
Applicant's name: SAME
Mailing address: SAME
Location of lot: Assessor's map and parcel number 090 _ 42.3.3
27 Milk Street
Street address:
Book 199
Registry Land Ct Plan, Plan Bk & Pg or Plan FilePage 270 Lot NA
Date lot acquired: A 6 81 Deed Ref 199 1270 Zoning district ROH
Uses on lot - commercial: None 8 or _
- number of: dwellings 1 duplex 0
Building date(s): all pre -8/72? X or
Building Permit appl'n. Nos.
MCD?
apartments 0 rental rooms
None
Case Nos. all BoA applications, lawsuits: 19 -81
C of 0?
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 -3JA
& B _ , attach decision or order appealed. OK to attach addendum .
Seeking relief by Special Permit under Section 139 -33A, applicant wishes to add
a bay window to her single family dwelling which already exceeds ground cover require-
ments. The current ground cover is 845 sq. ft. and the bay window will add 1 1/2
(one and one -half) sq. ft.
0
Items enclosed as part of this Application: orderl addendum2
Locus map X Site plan X showing present +planned_ 'structures