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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 e W. Waine - 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