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HomeMy WebLinkAbout004-90e _ W- 11 Form 3 -39 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 January 2-(p 1990 To: Parties in interest and others concerned with the decision of the Board of Appeals in Application No. _a -_, Of: James Gordon Vaughter 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 Willi m R. Sherman, Chairman cc: Town Clerk Planning Board Building Commissioner BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 necision: At a public hearing of the Board of Appeals held on Friday, January 19, 1990, at 1:00 P.M., at the Town and County Building, Broad Street, Nantucket, the following decision was made upon the application of JAMES GORDON VAUGHTER (004 -90): 1. This is an application for a Special Permit under Nantucket Zoning By -Law Section 1390 -33.A, for the alteration of a pre- existing, nonconforming structure, by construction of an attached garage to be sited in a continuation of the existing front line of the present dwelling, set back about thirteen feet from L11" line of Sconset Avenue; thirty feet of front yard setback arc reyui.red under. lay -law Section 139 -16.A. The subject prolx'rt.y Avenue, Sia ,conset I'jirc�el 4').3.2 -9), i:s :;hown on f.-Ind Cc)urt Ilan 38014 -A as 1.Ot_ ;, 1.. We I i nd l I,,,t 1), iui Lc, t lie• 1')14 1 AmIL1,11 Town Mi —I i iii), the I,ucu:; si.Luol_cd ill �a RuSideuLk'il -1 zoniny disLricL, reyuII iIJ �,UUU :;quclre LucL mi.uinium 1uL circa and with rcyuired I rout y,l setback of ten feet, side and rear setback of five feet, sand permitted ground cover ratio of 300. in 1981, the applicant secured a building permit to construct the dwelling upon the Locus, and the dwelling was constructed prior to June 17, 1982, when Certificate of Occupancy No. 1768 -82 was issued therefor. 3. At the 1984 Annual Town Meeting, the locus was regarded as Residential -2, which rendered the dwelling thereon (as shown upon the plot plan by Hart - Blackwell & Associates, dated November 15, 1989, a copy of which is attached hereto as Exhibit A) nonconforming as to lot area (8,396 square feet with 20,000 now required), front yard setback (13.0 feet, with 30 now required), side yard setback on the north side (5.0 feet, with 10 now required) and ground cover ratio (13.54 %, with 12.5% now being the maximum permitted). 4. Applicant requests relief from these requirements to the extent necessary to continue a garage addition to the dwelling, containing the line of the present front facade with about thirteen feet of front yard setback. He states his desire o build d his that location, rather than in the rear (easterly) p d lot which would lie outside the required setback, in order to avoid a proliferation of detached buildings and destruction of existing vegetation. 5. We have received five .Letters from neighboring property owncr ul) port of thir, iiI)pI ICaLion, and the favora1)1 recomendation of the Planning Board. No opposition has been made known Lo us. 6. Under these circumstances, we find that the proposed garage addition may be constructed, in substantial conformity with the plans submitted with the application, a copy of which is attached hereto as Exhibit B, without being substantially more detrimental to the neighborhood than the existing nonconforming structure, and we find that the nonconforming front setback distance will not be made more nonconforming. Accordingly, we find that the requirements of Section 139 -33.A are met. We further find that the requirement of Section 139 -30.A, that the requested special permit will be in harmony with the general purpose and intent of the by -law, is likewise met. 7. Accordingly, acting by a unanimous vote, and subject to the condition that the proposed extension be constructed in substantial conformity to the plans attached hereto as Exhibit 6, we grant a Special Permit to allow the applicant to extend his pre- existing, nonconforming structure as proposed. frr, Tugj, ^!) AI F " u s LV a-6 1 (qq0 amc /8 /vaught 11 a m R. S�,6r a n �v' bert J/7�eicIIter .- V,- C•' k1.1 / Michael J\ O'Mara D e W. Waine Peter Dooley 4__ 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, Federal and Broad Streets, Nantucket, on the Application of: JAMES GORDON VAUGHTER Board of Appeals File No. 00� -90 seeking a Special Permit under Section 139 -33A to allow extension of a 1137 -SF single - family dwelling by constructing a single -story garage (17.5' x about 18') attached to its south face, with the front building line of the garage set 13 feet back from the street line (as is the present southeasterly corner of the dwelling). The dwelling is said to pre -exist the requirement in Section 139 -16A of a 30' front -yard setback applicable from 1984 with change from R -1 to Residential-2 zoning for,tthe 8396 -SF lot, hence, entitled to 'g The premises are at 9 Sconset Avenue, Assessor's Parcel 49.3.2 -009, Lot 3 of Land Court Plan 38014 -A. William R. Sh m n, Chairman BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS O t -- TOWN AND COUNTY BUILDING NANTUCKET, HA 02554 CASE No. APPLICATION FOR RELIEF Owner's name(s): cordon yauahter �1 C/o ReadP & Alaer PrQ €� siona� C e}°YMassa�husettsg0Mly Mailing address: Past 4f'i bok �oo� Applicant's name: c/o Readed &n Alger hProfessionaI Corporation, 6 Young s Way tt 02584 Mailing address: Location of lot: Assessor's map and parcel number49,22 -9 Street address: t v n e _, n&` &p �3�Q 38014 -A — Lot 3 Registry Land Ct Plan, j rm� -an ert 3 1 Zoning district R -2 Date lot acquired: 9 /-.2J80 —'- MCD?_ Uses on lot - commercial: None X or - number of: dwellings 1 duplex_ apartments_ rental rooms_ Building date(s) : all pre - 8/72? No or. C of 0?Yes Building Permit appl'n. NOS. 1768 -82 Case Nos. all BOA applications, lawsuits: tive State fully all zoning relief sought oand rreoaeccomparedetoepresent and subsections, specifically what y propose per Section and what grounds you urge for BOA to make Special Permit and 139 -33A 139 -32A if variance, 139 -30A X if a Sp appeal per 139 -3�A if to alter or extend a nonconormiealede)OKltoaattach addendum . & B _ attach decision or order app Applicant requests a Special Permit under Section 139= 33.A., for the alteration of his existing dwelling, constructed prior to 1984 rezoning from R -1 to R -2 and time of its construction, to add an attached garage, conforming with R -1 zoning at with the front line to be an extension of the exgfrontfront yarde of the dwelling, set back thirteen feet from the street line; required setback is thirty feet. addendum2 Items enclosed as part of this Application: ordeianned X structures Locus map X Site plan X showing presentT P HuC as roved ?_) Floor plans present proposed_ elevations X ( parking data Listings lot area frontage setbacks_ GCR r_ labelsg2 sets X Assessor - certifier addressee 1st 4 sets x ma�lingcap* covenant 1200 fee payeaableask Town clerkntocsend Bldg Comr 'reord to BOA.) (If an app , I certify that the requested inform a knowledge, bltundersthebpainslandy complete and true to the best of my penalties of rjury. X Applicant _____ Attorney /agent SIGNATURE: -A 3(If not owner or owner's attorney, enclose proof of authority) ,�v � IV ,� FOR BOA OFFICE USE r� ` 1 J-j by � Application copies recd: 4 or_ for IIoA on -- ---- -� ��J r12 J�� complete? �! One copy filed with Town Clerk on _/� ( -L&"�- Y One copy each to Planning Bd and Building Dept� b �f / 7 .� by�7Zt� waived ?_ $200 fee check given Town T((rreasurer on =/ Hearing notice posteaL '77 mailed 16 I & ML / Hearing(s) on _j_j— cont' d to _j _,/_., ._I_j-- withdrawn ?__/_-/_ made---/ 1�_ filed TC_/ —J— mailed��_ Decision due by_/,_/_ See related cases lawsuits other