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Home My WebLink About060-90TOWN OF NANTUCKET BOA RD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: September }q, 19 90 To: Parties in Interest and Others conderned with the Decision of the BOARD OF APPEALS in the Application of the following: Application--No.: 060 -90 Owner /Applicant :Q1L4' 1 �' 'C,� Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of 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 an complaint in court within TWENTY (20.) days, er 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. nda F.-Williams,-Chairman cc: Town Clerk Planning Board Building Commissioner . Ar Board of Appeals Town of Nantucket Nantucket, MA 02554 Decision: The Board of Appeals, at a public hearing held on Friday, September 14, !990 at 1:00 P.N. in the Town and County Building, Nantucket made the following Decision upon the Application of John A. Baldwin, Jr. (060 -90). 1. Applicant seeks relief by Special Permit pursuant to Section 139s33A, from section 139 -16A (ground cover ratio) to expand and /or alter a pre- existing non - conforming structure by adding 96+ square feet of ground cover. The property is numbered 6 North Liberty Street, Assessors May 42.3.4, Parcel 43, and is zoned R -I.. 2. Based upon a review of the Application supporting documents, plans and testimony, the Board finds that this property is a non - conforming lot of record, with approximately 3,592 square feet and 41% ground cover. The permitted ground cover is 30 %. The proposed addition will increase ground cover to 44%. The Planning Board made a favorable recommendation. 3. Special permit relief may be granted pursuant to Section 139 s 33A to expand and /or alter a pre- existing non - conforming structure. 4. The Board finds that the proposed expansion is not substantially more detrimental to the neighborhood than the existing non - conforming structure. The expansion is necessitated by the medical needs of the owner to have a handicap accessible bedroom and bathroom on the first floor. 5. The Board finds that special permit relief for the handicap access ramp is not required, as it is allowed as a matter of right by M.G.L. Chapter 40A 6. 3. 6. The Board finds that Variance relief is not required and the requested relief may be granted by special permit. 0 , 7. For the reasons set forth herein, the Board by unanimous vote, hereby grants the Applicant the requested relief from Section 139 s 16A (ground cover ratio) by special permit pursuant to Section 139 s 33A, Dated: September 14, 1990 r % ^ Linda F. Williams William R. Sherman TOWN OF NANTUCKET ZONING BOARD OF APPEALS Nantucket, Mass. 02554 August 27, 1990 NOTICE OF PUBLIC HEARING A public hearing of the Zoning Board of Appeals will be held on Friday, September 14, at 1:00 P. M. in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: JOHN A. BALDWIN, JR. Board of Appeals File No. 060 -90 Applicant seeks relief by Special Permit under Section 139 -33A of the Zoning By -Law to expand and /or alter a pre- existing non- conforming structure. Applicant proposes to add 96+ S. F. to the structure which, with renovation of the existing interior space, will provide a handicap accessible first floor bedroom and bathroom. The location of the addition wi meet the setback requirements. The addition will increase the ground cover ratio from 41% to 44% for a non - conforming lot; the allowable ground cover ratio is 30 %. Special Permit relief is requested to extend a non- conforming rear line setback for the installation of a handicap access ramp from the yard to the house. In the alternative, Applicant seeks a Variance under Section 139 -32 of the Zoning By Law to allow the additional ground cover. The premises are located at 6 North Liberty Street, Assessor's Map 42.3.4, parcel 43. The property is zoned R -1. r Linda F. Williams, Chairman BOA Form 1 -89 NANTUCKET ZONING /24/90 G BOARD OF APPEALS D_ /- - TOWN AND COUNTY BUILDING NANTUCKET, !tA 02554 CASE NOiC APPLICATION FOR RELIEF Owner's name (a): JOHN A BALDWIN JR -. Mailing address: Quarters 12 Ft. MCN 20024 Applicant's name: Same Mailing address: Same Location of lot: Assessor's map and parcel number424 - 43 Street address: 6 North Liberty St Registry Land Ct Plan, Plan Bk & Pg or Plan File N/A Lot R -1 Date lot acquired:lL/_Q_j_15 Deed Ref 151, 83 zoning district Uses on lot - commercial: None x or MCD ?N /A - number of: dwellings 1 duplex_ apartments No rental roomsNo Building date(s): all pre -8/72? ye or Building Permit appl'n. Nos. None C of O ?_ Case Nos. all BoA applications, lawsuits: None 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 x if Variance, 139 -30A if aSpec;al Penniealaper1139 -3 A x if to alter or extend a nonconformin g use If app & B _ , attach decision or order l appealed. OK to attach addendum . SEE ADDENDUM ATTACHED HERETO. Items enclosed as part of this Application: orderl addendum2 x Locus map x Site plan'x showing present x +planned x structures Floor plans presents proposed x elevations x (Hparkin data x Listings lot area x frontage setbacks GCRT parking �- Assessor - certified addressee ist 4 sets x _ ma�ling labels 2 sets x 1 200 fee payable to Town of Nantucket x proof T'cap' covenant J (If an appeal, ask Town Clerk to send -Bldg Comr s record to BOA.) I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE:./ Applicant _ Attorney /agent % 3(If not ner or owner's attorney, enclose proof of authority) FOR BOA OFFICE USE Application copies reed: 4 or for BOA on1/ Y one copy filed with Town Clerk on� 2��Y + 1 complete ?_L_, One copy each to Planning Bd and Building Dept_V by b Z(--t ved? $200 fee check given Town Treasurer on Y —\, Hearing notice posted / 6ailed� �01 & M� y� � Hearings) on_/_/_ cont'd to_/�_, _/�- withdrawn7�_/_ Decision due bye_/_ made_ - -/ filed TC _J_,/_ mailedJ�_ See related cases lawsuits other 1{' -`V f4 U ". ADDENDUM Applicant requests Special Permit relief pursuant to Section 139 S 33A to expand and /or alter a pre - existing non- conforming structure. Applicant proposes to add 96± square feet of ground which together with the renovation of exist- ing interior space would provide a handicap accessible first floor bedroom and bathroom. The location of the addition will meet current set back requirements. Pursuant to Section 139 § 16, this is a lot of record or a non - conforming lot (an undersized lot with a previously built structure) containing less than five thousand square feet. The allowable ground cover is 30 %. The addition will increase the ground cover ratio from 41% to 44 %. Special permit relief is requested to extend a non - conforming set back along the rear lot line for the installation of a handi- cap access ramp from the yard to the house. Special permit relief may be granted if the Board finds that the extension or alteration shall not be substantially more detri- mental than the existing non - conforming use or structure to the neighborhood. In the alternative, Applicant requests Variance relief pur- suant to Section 139 S 32 to allow the additional ground cover as set forth above. - k tial Zoning Required or Existing Proposed Allowed Zone R1 R1 Lot size (S.F.) �E 5,000 S.F. 3592 S.F. 2592 S.F. Building footprint size ** Including all assessory buildings 1.500 S.F. 1486 S.F. 1582 S.F. Basement S.F. 0 0 First floor S.F. (Finished hab— 1.500 S.F. 1486 S.F. 1582 S.F. Second floor S.F. itaie space b le 482.5 S.F. 482.5 S.F. Third floor S.F. Ground coverage ratio ## 30% 41% 44% Front yard setback 10 ft.-' 4.8 ft. 4.8 ft. Side & rear line setback 5 ft. 0 ".5 ft. 0.5 ft. Minimum frontage 50 ft. 76.8 ft. 76.8 ft. Height 25 ft. 25 ft. Parking 0 0 LAW OFFICES HOLMES, HAYS & FITZGERALD 35 CENTER STREET P. O. BOX 1108 NANTUCKET, MASS. 02554 WAYNE F. HOLMES WILLIAM H. HAYS III JULIE A. FITZGERALD August 24, 1990 Mrs. Linda Williams, Chairperson Board of Appeals Town and County Building Broad Street Nantucket, MA 02554 RE: Application of John A. Baldwin, Jr. Property: 6 North Liberty Street Dear Ms. Williams: Enclosed for filing, please find the following: 1990. 1. Application plus three (3) copies; 2. Attested copy of the Abutter's List plus three (3) copies; 3. Four (4) copies of the floor plan; 4. Four (4) copies of the site plan; 5. Four (4) copies of the zoning analysis; 6. Four (4) copies of the Assessor's Map 42.3.4; 7. Two (2) sets of mailing labels; and 8. Check in the amount of $200.00. (308) 226-0052 FAX (506) 228-8943 Kindly schedule this matter for hearing on September 14, JAF /mc Enclosures CC: Mrs. Joanne M. Mr & Mrs. John Mr. Christophe Very truly yours, J Holdgate, Town Clerk A. Baldwin, Jr. r Dalmus, Design Associates j BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS 8/2D4/90 TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 CASE No. --- _ APPLICATION FOR RELIEF Owner's name(s): JOHN A BALDWIN JR Mailing address: Quarters 12 Ft MCNair WaGh�ngfnn, n� 20024 Applicant's name: Same Mailing address: Same Location of lot: Assessor's map and parcel number42L4 - 43 Street address: 6 North Liberti Street Registry Land Ct Plan, Plan Bk & Pg or Plan File N/A Lot R -1 Date lot acquired:lg.J_9 Deed Ref 151, 83 zoning district Jj5 Uses on lot - commercial: None x or MCD ?N /A - number of: dwellings 1 duplexSjQ apartments No rental roomsNo Building date(s) : all pre -8/72? yes or C of O ?_ Building Permit appl'n. Nos. None Case Nos. all BoA applications, lawsuits: None 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 x if Variance, 139 -30A if a Special Permit (and 139 -33A11 x if to alter or extend a nonconfiormiealede)OKIf aattachpaddendumZA & B _ , attach decision or order app SEE ADDENDUM ATTACHED HERETO. Items enclosed as part of this Application: orderl addendum2 x Locus map x Site plan'x showing present x +planaeU x structures Floor plans presents proposed x elevat ons x (HDC a�proved?pa) Listings lot area x frontage setbacks_ GCR x parking datag Assessor - certifies addressee ist 4 sets x malls labels 2 sets x $200 fee payable to Town of Nantucket x proof 'cap' covenant (If an appeal, ask Town Clerk to sens Bldg Comr s record to BoA.) I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE:. / Applicant Attorney /agent % 3(If not ner or owner's attorney, enclose proof of authority) FOR BOA OFFICE USE Application copies ree d: 4_ or for BOA on_ / _J_. by One copy filed with Town Clerk on_/-f_ by complete? — One copy each to Planning Bd and Building Dept,_f_/_ by $200 fee check given Town Treasurer on_ _j__I_ by waived._ Hearing notice posted_/_ mailed _J_ /_ I & M -J-J—• Hearing(s) on__J,J_ cont'd to_/_/_, withdrawn ?��_ Decision due bye -J_ made _/_-/_ filed TC_/ _J_ mailed _/_. See related cases lawsuits other Residential Zoning Required or Existing Proposed Allowed Zone R1 R1 Lot size (S.F.) +E 5,000 S.F. 3592 S.F. _ 2592 S.F. Building footprint'size Including all assessory buildings 1.500 S.F. 1486 S.F. 1582 S.F. Basement S.F. 0 0 First floor S.F. (Finished hab— 1.500 S.F. 1486 S.F. 1582 S.F. Second floor S.F. i tab l e space •t482.5 S.F. 482 5 S.F Third floor S.F. only) Ground coverage ratio # ## 30% 41% 44% Front yard setback 10 ft. 4.8 ft. 4.8 ft. Side & rear line setback _ 5 ft- 0', 5 ft, 0.5 ft Minimum frontage He # 50 fr. 76.8 76.8 ft Parking 25 ft 25 ft _ 0 0