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Home My WebLink About007-90L Form 3 -89 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 January ,.Z% , 19 90 To: Parties in interest and others concerned with the decision of the Board of Appeals in Application No. 007-90 of: John M. Leggett and Ellin R. Leggett 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. Willi dm R. Sherman, Chairman cc: Town Clerk Planning Board Building Commissioner ZONING BOARD OF APPEALS Nantucket, vik 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 (007 -90) of JOHN A. LEGGETT and ELLIN R. LEGGETT having an address at 897 East Beau Street, Washington, PA 15301, the Nantucket 'Zoning Board of Appeals made the following DECISION: 1. Applicants `seek a Special Permit under Zoning By -Law Section 139 -33A to alter and extend their existing single - family dwelling by constructing a low shed along the east side and an enclosed porch on the rear facade. With an undersized lot area of 12,800 SF, ground cover ratio allowed under 139 -16A for a lot of record is 12.5 °0. The dwelling's existing cover of 1703 SF or 13.30% would be increased by 345 SF or 2.70% to 16.00%. Additional relief is requested from the 10 -foot rear yard set- back required by 139 -1610 to allow the rear of the porch to intrude 7 feet into the setback. The existing garage intrudes 8 feet into the setback; thus the nonconforming distance will not be increased by the porch or the shed. 2. The premises are located at 262 :Aadaket Road, Assessor's Parcels 059.4 - 269 and 270, Lots 241 and 242, Land Court Plan 3092 -13, and Zoned Residential - 2. 3. Our findings are based upon the Application papers, including a five - sheet set of plans (four elevations and a floor plan) marked Exhibit A; photographs of the site; and testimony and representations at our hearing. Based on the latter, we find that the structure predated zoning. Non- conformity is found in the undersized lot of 12,800 SF where 20,000 SP is the minimum size in this Residential -2 zone; and in the intrusion of the attached garage the 10sfootarearsyardksetbackdistance of 8 feet. Section 139 -16C spec ifies a 4. Applicants propose to construct a low shed (5 feethia height) below the windows on the eastern gable end of the 7 feet and a length of 20 feet. In this shed they would store a 17 -foot canoe, which presently sits outside in the summer. In the winter, firewood would be stored in the shed as well, wood which presently exceeds "lean-to" iigstor- age capacity and is piled beside the garage. nl s presently existing in the area would be removed. The porch would be con- structed behind the shed and the eastern part of the house. It would be enclosed and designed to as a maximize solar woodorien- tation and would be use g reenhouse and to handle any storage needs in the winter. 5. Pre - existing nonconforming uses and structures are given liberal treat- ment under our zoning by -law, but this Board scrutinizes their extension very closely, especially when ground cover is exceeded. In this case, the square footage increase may at first appear substantial, but will result in only a little more than 2/0 of additional coverage and ground cover is not already substantially exceeded. With the additional coverage, the house will still be comparable to others along Madaket Road in apparent bulk. The Board also considers the structure ratop matthe footprint as be important mitigating factor. The shed of app only 5 feet at its maximum height and thus rlowbayberrytandeothertbrushland screened by the existing high-bush trees on the lot. jAost of the porch will be hidden from public view behind the house and would not be counted at all in ground cover if it were an open porch, according to the 1988 amendment to the Zoning Code enacted in an effort to encourage the construction of traditional porches rather than decks. 6. The Hoard has traditionally allowed pre - existing nonconforming uses to add a limited amount of excess ground cover for the purpose of bring- ing boats, cars and other household items within the confines of a buil- ding so as to prevent unsightly clutter of the neighborhood. In the pre- sent case, the canoe sits outside, or if placed in the garage takes up space in that cramped structure. The Applicants have no central heating system and heat their house entirely with wood, which is a bulky fuel and exceeds even the relatively large amount of space in the garage presently given over to its storage, resulting in an unsightly pile of lumber be-, side the garage. 7. Thus we find that the increase is small but appears likely to contri- bute significantly to the better appearance of the neighborhood. No opposition was heard and no detriment to the neighborhood is perceived. We note the favorable recommendation of the Planning Board. 8. Accordingly, we make the findings required for the requested Section 139 -33A Special Permit, specifically, that the proposed alteration and extension per Exhibit <A will not be substantially more detrimental to the neighborhood than the existing non - conforming structure, nor will the non - conforming rear setback distance be made more non - conforming. We further find that the requested relief is in harmony with the general purpose and intent of the 'Zoning By -Law. 9. By UNANIMOUS vote, this Board GRANTS to Applicants the requested SPECIAL PERMIT under SECTION 139 -33A, and' to the extent applicable, un- der SECTION 139 -16C, to construct the proposed shed and porch addition, in substantial accordance with Exhibit A of record. Dated January �6, 1990 GLIB William R. Sherman Dale W. Waine / UTJ Peter Dooley NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 January 4, 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: JOHN M. and ELLIN R. LEGGETT Board of Appeals File No. 007 -90 seeking a Special Permit under Section 139 -33A to alter and extend their single- family dwelling by constructing a low (5' high) shed along the east side and an enclosed porch on the rear facade. With an undersized lot area of 12,800 SF, ground cover ratio allowed for a lot of record is 12.5 %. The dwelling's existing cover of 12.47% would be increased to 15.74 %. Additional relief is requested from the 10 ft. rear setback required by 139 -16C to allow the rear of the porch to be sited with a 7 ft. intrusion into the setback. The rear of the existing garage intrudes 8 ft. into the setback; thus, the nonconforming distance will not be increased by the porch or the shed. The premises are at 262 Madaket Road, Assessors' Parcels 059.4 -269 and 270, and zoned Residential -2. William R. Sherman, Chairman - , - . - , _/ k Y, I'tio ;s BoA Form 1 -89 NANTUCKET ZONING TOWN AND PEALS UILDING W Date NANTUCKET, MA 02554 CASE No. - APPLICATION FOR RELIEF Owner's name(s): ��`1i1 � Cc��\� �� l Le Gl Mailing address: P 9� �c�� c'ct, SfYr'�' �'`!`�S�IiE�ItOG�J '��i �S ✓C -'I Applicant's name: Sc.ti�'IE Mailing address: SckOIC- Location of lot: Assessor's map and parcel number U.S 26 i o illd Z70 Street address: 262- Registry Land Ct Plan, Plan Bk & Pg or Plan File ,)�' %Z" 13 Lot2�l -� i! Date lot acquired: 9 /-2-/ Ef Deed Ref dGC , / &/& Zoning district Uses on lot - commercial: None X or MCD? - number of: dwellings 1 duplex /tcrCapartments�� rental roomsi'�6v Building date(s): all pre - 8/72? 9_:� or C of 0? Building Permit appl' n. Nos. eC L" c�c�l hors) 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 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 & B — , attach decision or order appealed. OK to attach addendum Ir 1 L� s);��I�� `�X{— C?ivci`� "�liirC15I�+ ��I� ��IVlc�� CCb;51YI G 1 I� (<<' ( tCtCcu� E' , f'V r� I U 41 V I \C�C1� �I Z_ C J r� ' �v Rio a ll0V jtz � � eti I� f �F rtear�} �5 i2.5/ 7 -"2 UGC SF ,t vr�� Cd ✓C! s�c� 1�\ 4i� Sr �r _,.27% i-e ti 13� -1 L C 1�( �nJ Il I C llC I>CJtC11� iV1i1tJC�£ �7�� rl�}O G Q F �' it 01()t ��c ilcr cScc� �tl c �-�orch d '5 Ct 15 �� '1C�. c� i \/ Items enclosed as part of.this Application: orderl addendum2 Locus map Site plan/ showing present/ +planned / 'structures Floor plans present ✓ proposed ✓ elevations v% (HDC approved ? ;Lo) Listings lot area frontage T setbacks .% GCR� parking data Assessor - certified addressee list 4 sets 1 maling labels 2 sets (If aneappeal, ask Town Clerkntocsend B1dgoComr's'record covenant to BoA.) completeyand that truethe toetthesbestinformation knowledge ,submitted understhebpainsl y and c p penalties of perjury. SIGNATURE: Applicant X Attorney/agent orneY /agent _ 3(If not owner or owner's attorney, enclose proof of authority)