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Home My WebLink About006-91oo& —d?l TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: February F , 19 91 To: Parties in Interest and.Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 006 -91 Owner /Applicant: Malloy Condominium Trust, Richard H. Warburton and Barbara Warburton, Unit No. 3 Owners Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Town Clerk. An Zp: eal from this Decision may b2 oaken pursuant to Section 17 of Chapter 1_0A, M=ssach-_`.-s General L= s. .ny action a_.- ea1 n the ecisicn ...�,St be 1b =-oy y an cv.T^lal ?st in court with' . '1'i' v'1 Y ( �'''t7 ) _ati'S after this .ay Is date. i'votICa of the actiivr, .Lth a co- j vi t :` comp aint and ccr -liied copy of he Decision .pus :2 aiven t- o ..._a .own so as to such �r.�...s (GO) days. cc: Town Clerk Planning Board Building Commissioner BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS at a PUBLIC HEARING on Friday, January 18, 1991, at 1:00 P.M. at the Town and County Building; made the following DECISION on the application of MALLOY CONDOMINIUM TRUST, RICHARD H. WARBURTON and BARBARA WARBURTON, Unit No. 3, Owners (006 -91) with an address of 64 Anthony Street, South Dartmouth, Massachusetts 02748. 1. The applicants seek a SPECIAL PERMIT pursuant to Section 139 -33(A) of the By -Law to alter and expand a pre- existing, non - conforming condominium unit by adding 32 square feet of ground cover to the ground floor of the existing structure. The subject condominium unit is one of three units on the property and the proposed increase in ground cover will not violate the maximum ground cover ratio requirement for this zoning district. The premises are located at 31 Walsh Street, Assessor's Map 29, Parcel 111, PLan Book 21, Page 18, Unit 3, and are zoned RESIDENTIAL -1. 2. Our findings are based on the application papers, correspondence, plans, representations and testimony received at our hearing on January 18, 1991. The applicants own one of three condominium units situated on the property. These units have an aggregate ground cover of 2992+ square feet and the proposed addition to the applicant's Unit No. 3 will add 32 square feet to the existing ground cover for a new ground cover of 3,024+ square feet. The maximum ground cover allowed in this zoning district is 3,095+ square feet and we find that the proposed ground cover addition is allowed upon certain conditions. The owners of Unit No. 1 of the condominium, Mr. and Mrs. Phillip T. Coffin, Jr., support this request for relief on the condition that the proposed expansion is constructed in accordance with the plans as filed. The owner of condominium Unit No. 2, Polly Selkoe, has no objection to the proposed expansion on the condition that any future expansion or alteration of the Warburton unit will be subject to review by the Board of Appeals, all proposed construction shall take place between September 1 and May 15, and the outdoor shower and garbage can storage area shall be located at the rear of Unit No. 3. The Nantucket Planning Board has made a favorable recommendation on this request for relief,and there are no letters or other opposition to this application. We find that the proposed increase in ground cover for Unit No. 3 will be - 1 - modest in nature and will not be,-substantially more detrimental to the neighborhood than the existing use of the unit, and special permit relief is warranted in this case upon certain conditions. 3. For the reasons set forth herein, the BOARD, by UNANIMOUS vote, hereby GRANTS the requested SPECIAL PERMIT relief so as to allow the expansion of Unit No. 3 by 32 square feet in accordance with the plans submitted by the applicants, upon the following conditions: a.) any future expansion or alteration of condominium Unit No. 3 will be subject to additional Board of Appeals review; b) all of the proposed construction shall take place between September 1 and May 15; the proposed outdoor shower and garbage can storage area shall be located to the rear of Unit No. 3, and the proposed construction shall be substantially in accordance with the submitted plans and comply with all local, state and federal rules and regulations. ; Dated: f-ab-ruar1y g , 1991 Nantuc)�et, Ma Willi-am R. She an Linda Williams C. Marshall/B6al Michael. O'Mara Dale W. Waine / a ruu✓ Idl e i99/ eri ,y�.�Cx'�z�z, A - 2 - TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, JANUARY 18, 1991 at 1:00 P.M. in the Town and County Building, Federal and Broad Streets, Nantucket, on the Application of: MALLOY CONDOMINIUM TRUST, RICHARD H. AND BARBARA WARBURTON, UNIT #3 OWNER Board of Appeals File No.: 006 -91 Applicants seek a SPECIAL PERMIT pursuant to SECTION 139 -33A of the Zoning By -Law to alter or expand a pre- existing non - conforming structure /use. Applicants wish to alter and expand their condominium unit which is one of three units located on the lot by adding 32 square feet of ground cover to the existing structure. The unit will not be in violation of ground cover requirements with the increase in ground cover. The Premises are located at 31 WALSH STREET, Assessor's Map 29, Parcel 111, Plan Book 21, Page 18, Unit 3, and are zoned RESIDENTIAL -1. t BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 • CASE NoQQL APPLICATION FOR RELIEF In /�a y COX7dMn l� ue�C Owner's names) : Richard H. Warburton and Barbara J Warburton Mailing address: 64 Anthony Street, South Dartmouth, Massachusetts 02748 Applicant's name • same as above Mailing address: same as above Location of lot: Assessor's map and parcel number 29 Street address: 31 Walsh Street Registry Zam&=xJxJa= Plan Bk & Pg VM9R1=XX1Ri2XX 21/18 Lot Unit 3 Date lot acquired: _L/ 8/ 83 Deed Ref 200!301 Zonipg district R -1 Uses on lot - commercial: None X or Residential - number of: dwellings 3 duplex Building date(s) : all pre -8/72? Yes or MCD? NO apartments rental rooms Building Permit appl In. Nos. 5070 -86 Case Nos. all BoA applications, lawsuits: D C of 0? N/A - 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�A & B _ , attach decision or order appealed. OK to attach addendum. See attached Addendum. a P I Items enclosed as part of this Application: orderl addendum2 Locus map X Site plan X showing present x +planned X "structures Floor plans present _1 proposed X elevations X (HDC approved ?_) Listings lot area * frontage * setbacks GCR parking data Assessor - certified addressee 1-1st 4 sets x mall ni g labels 2 sets x 200 fee payable to Town of Nantucket x proof 'cap' covenant (If an appeal, ask Town Clerk to sennBldg Comr's record to BoA.) * See Exhibit FT I certify that the requested information submitted is substantially complete and true to the bes of my knowledge, under the pains and penalties of perjury., SIGNATURE: Applicant Attorney /agent X 3 Kevin F -Dale, Attorney for Richard H. Warburton and Barbara J. Warburton (If not owner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE ADDENDUM The Applicants are seeking a Special Permit pursuant to Section 139 -33A of the Zoning Code of the Town of Nantucket to alter and expand their condominium unit which is one of three units located on the Lot and is a pre- existing, non - conforming use of the Lot is a Residential -1 Zone. All pertinent zoning information is set forth on Exhibit "A ". The Applicants propose to add 32 square feet of ground cover to their unit as shown on the plan attached as Exhibit "B." Even with this addition, the unit will conform with allowable ground cover as set forth in the ground cover calculation sheet attached as Exhibit "C." The additional, proposed ground cover will constitute an alteration which will not be substantially more detrimental to the neighborhood than the configuration of the existing structure and the Applicant requests that this Board issue the requested Special Permit relief. EXHIBIT A C> e-'1 M.c> , G>