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Home My WebLink About073-90i 073 -�G� TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: December 10 , 19 90 To: Parties in Interest and_Others concerned with the Decision of the BOARD OF APPEFLS in the Application of the following: �Ipplication No.: 073 -90 Owner /Applicant: Nancy Colson Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Town Clerk. An 1ppeal from this Decision may he taken pursuant to Section 17 of Chapter 40A/ Massachusetts General Laws. lily action appealing the Decision must be urougnt ;'y filing an Complaint in Court within TWENTY ( ?0 ) days after this day's date. Notice of the action with a copy of the Coi !a4nt and certified copy of the Decision must be given to t1ne Town Clerk so as to be received witnin such lvZ i,,'TY (20) days. 1---1 obert Lei�hter,.- Chairman cc: Town Clerk Planning Board Building Commissioner BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS Decision: At a public hearing held by the Nantucket Board of Appeals on Friday, November 16, 1990, at 1:00 P.M., at the _Town and County Building, Federal and Broad Streets, Nantucket, the Board made the following decision upon the application of NANCY COLSON (073 -90) : 1. This is an application for the modification of an �xistin9 variance, granted by decision of the Board to a prior owner in Case No. 056 -83. This variance granted a waiver from the 12 -foot spacing requirement under Nantucket Zoning by -law Section 139- 7A(2)(b), as then in effect, between a principal dwelling upon the Locus and a secondary dwelling which was then proposed and has subsequently been constructed. The application seeks a modification of this variance in order to expressly permit the construction of an open porch on the southerly side of the principal dwelling, to be connected to a deck now existing and attached to the secondary dwelling. The Locus is situated at HALLOWELL LANE (Assessor's Parcels 30 -14, 30 -15 and 30 -257), Land Court Plan 12022 -H, Lot 30A, Land Court Plan 12022 -Q, Lot 47, and an adjacent unregistered parcel, and is zoned as RESIDE T•T "' - 2 . 2. In our decision in 056 -83, we found that the relief requested therein met the standards necessary for the grant of a variance. �nt�°��s T e- 4� - "�'�ariance was duly and timely exercised, and that the secondary dwelling contemplated thereby was erected within twelve feet of the principal dwelling; the certified plot plan presented with the application before us shows a separation of about three feet. Accordingly, we do not herein re- examine the satisfaction of the criteria for issuance of variance relief. Rather, we concern ourselves with the question of whether the new construction proposed herein is consistent with the finding by the Board in 056 -83 and the relief granted thereby. 3. We note that the Board in 056 -83 placed great weight in its decision upon the importance of the visual effect of the construction therein proposed. We are presented here with photographs and elevations of the existing structures upon the Locus, and with a letter from the Historic District Commission's Administrator to this Board, describing the applicant's plans as "an improvement to the existing undistinguished house, and an appropriate design for its context ". 4. The 12 -foot front -to -back spacing requirement as it r existed under our by -law until the passage of Article 13 at the Special Town Meeting session of November 13, 1990 was intended to benefit the community aesthetically by staggering building locations. Although the present application was filed prior to this zoning change, we are mindful that the Town thus voted to eliminate the front -to -back spacing requirement as a zoning matter, preferring to rely upon the Historic District Commission's aesthetic expertise in approving siting of buildings. However, the Town retained a zoning requirement of 12 feet of scalar separation between principal and secondary dwellings, and we understand the purpose of this continuing requirement to be related to safety considerations, to maintain the opportunity for emergency vehicles to pass between the two dwellings. Thus, based upon the plot plan and photographs of the site, we are satisfied that, under present conditions, it is already unfeasible for emergency vehicles to fit between the Zwo buildings, and we find that the proposed construction will have no effect upon this safety consideration. 5. Accordingly, we find that the construction proposed by the applicant as shown upon the plans submitted to us, copies of the relevant portions of which are attached as Exhibit A hereto, is consistent with the scope and intent of the variance granted by us in 056 -83, that it will not effect a substantial detriment to the public good, and that it will not nullify nor substantially derogate from the intent or purpose of the By -law. Therefore, by unanimous vote, we grant the requested modification of the existing variance, subject to the condition that the work be done in substantial conformity to the plans, copies of which are attached hereto as Exhibit A. Dated: k." Y�i A_ %(� 1990 4VI ✓� Linda F. Williams William R. Sherman kah /'3 /SRAMAN2 C_ C. Marshall Beale (&49 AdI6_Q_ Ann G. Balas Pe er F. Dooley iawv -in �4k TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, NOVEMBER 16, 1990 at 1:00 P.M. in the Town and County Building, Federal and Broad Streets, Nantucket, on the Application of: NANCY COLSON Board of Appeals File No.: 073 -90 Applicant seeks a MODIFICATION of the VARIANCE relief granted in Board of Appeals file 056 -83 from the requirements of SECTION 138- 7A(1)(b) of the Zoning By -Law (minimum of twelve foot separation between dwellings). The requested modification of that Variance is to permit placement of a covered porch on the main dwelling connecting with the existing deck on the secondary dwelling. The premises are located at 9 HALLOWELL LANE, Assessor's Map 30, Parcels 14, 15 and 257, as shown on Land Court Plan 12022 -H, Lot 30A and Land Court Plan 12022 -Q, Lot 47 and are zoned RESIDENTIAL -2. N . a(z "11_� Linda F. Williams, Chairman BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS ----5-ate te TOWN AND COUNTY BUILDING �j}''� NANTUCKET, MA 02554 CASE NO40sk 1 APPLICATION FOR RELIEF Owner's name(s): Nancy Colson Mailing address: c/o Reade & Alger P. C., P. O. Box 2669, Nantucket, MA 02584 Applicant's name: Nanc Colson Mailing address: c/o Reade & Alger P. C., P. 0. Box 2669, Nantucket, MA 02584 Location of lot: Assessor's map and parcel number 30 - 14, 15, 257 Street address: 9 Hallowell Lane and 12022 -H Lot 30A, 47 _ ON .... Registry Land Ct Plan, P! Cert. of T 9 1 90 �^� 14549 Zoning district R-2 Date lot acquired: ��— Deed Ref. 35072Z5— MCD ?No Uses on lot - commercial: None X or - number of: dwellings-2 duplex_ apartments_ rental rooms_ Building date(s): all pre -8/72? _ or C of 0 ?Yes 3426 -90 Building Permit appl'n. Nos. 3426 -84 Case Nos. all BOA applications, lawsuits: 056 -83 State fully all zoning relief sought and respective Code sections nt and subsections, specifically what you propose compared per to Section and what grounds you urge for BOA to make each finding p 139 -32A X if Variance, 139-30A if a Special Permiealaner139 -33�A if to alter or extend a nonconforming us). if appeal per 139-3 . ; B _ , attach decision or order appealed. Applicant requests modification of existing variance relief from 12 foot spacing requirement in Case No. (56 -83) to allow for placement of covered front porch on main dwelling, connecting with existing deck of secondary dwelling. addendum2 Items enclosed as part of this Application: ordelanned structures Locus map X Site plan X showing present p HD a roved? ) Floor plans presentx_ proposed elevations X ( Crain data Listings lot area frontage setbacks_ GCRr_ parking data sets Assessor - certified addressee ist 4 sets mailing covenant_ 1200 fee payable to Town of Nantucket proof 'cap' (If an appeal, ask. Town Clerk to send Bldg Comr's record to BOA.) I certify that the requested informatin sub ittedeistsubstin tally complete and true to the best of my knowledge, penalties of p jury. SIGNATURE: Applicant Attorney /agent X 3(If not owner or owner's attorney, enclose proof of authority) FOR BOA OFFICE USE GG / �CobY� Application copies recd: 4 ✓ or_ for BOA on %/ complete ?� One copy filed with Town Clerk on v by One copy each to Planning Bd and Building Dept by / b waived? $200 fee check given //Town Treasure r on( b/)/ & M �, /�lL� �L/ Hearing notice posted 5A mailedZt/ I � -� liearing(s) on_-_/_/._ cont'd to_-/--/—, withdrawn ?__/—/_ made filed TC_-_/�_ mailed--/--/— Decision due by_/._/_. �--/— See related cases lawsuits other U