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HomeMy WebLinkAbout017-91TOWN OF NANTUCKET BOARD OF APPEALS Nantucket, Mass. 02554 d/7 - 9/ rp a4 c". A.s', r991 c- To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Applic ion No. 017 -91 Owner /Applicant: ALBERT L. and MARGARET C. CUMMINGS 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 a Complaint in court within TWENTY (20) days after this day's date. Notice of the action with a copy of the Complaint and a certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (2 cc: Town Clerk Planning Board Building Commissioner TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 A Public Hearing of the Board of Appeals will be held on March 8, 1991, at 1:00 P.M., in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: ALBERT and MARGARET C. CUMMINGS Board of Appeals File No. 017 -91 Applicant is seeking a determination that relief is not required, or, in the alternative, relief by Special Permit under Section 139 -33A of the Zoning Bylaw to alter and extend a structure said to be nonconforming as to side setback, ground cover and lot area. The structure is said to encroach on the side yard setback by one foot, more or less, and the lot, created by Variance, contains 3,644+ S.F. in a district requiring 5,000 S.F., and has ground cover of 38 + %. If the provisons of 139 -33E apply to the lot, the ground cover limitation would be 30 %, and the applicant would need relief by Special Permit to expand the ground cover to 49 %, as proposed; if 139 -33E does not apply, no relief from the ground cover limitation would be required, as the ground cover limitation for the district is otherwise 50 %. The proposed addition of a garage and enlargement of a shed, both of which will be attached to the existing dwelling on the premises, and totals 401+ S.F., will not increase the nonconformity as to side yard setback and is on the side of the building away from the allegedly encroaching side. See Board of Appeals File No. 054 -86. The premises are located at 21 HUSSEY STREET, Assessor's Map 42.3.4, parcel 56, Plan Book 23, page 102, and are zoned ROH. William R. Sherman, Vice - Chairman � /A/ r• BoA ForIn 1 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 CASE No.00-_1T/ - APPLICATION FOR RELIEF owner' s name (s) P Mailing address: 109 09 C-) ISON F-D-2r�i 20f1D. Ov�rNG,SMI�I,S M� Zl 11 % Applicant's name: ,,d-02.4qLQ- Mailing address: Location of lot: As e Nsor's map nd parcel number I u- M a&a,--_)2 ) Street address: SSE �, �• (/i���ESS �t�fi u;N oN So�� Registry Land Ct Plan, Plan Bk & Pg or Plan �File Lot Date lot acquired: 7 Deed R2g i, 1� Zoning district 2 fi Uses on lot - commercial: None or - number of: dwellings I duplex Building date(s): all pre -8/72? �or Building Permit appl'n. Nos. apartments Case Nos. all BoA applications, lawsuits: 54 -86 MCD? rental rooms C of 0? 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 -3JA & B , attach decision or order appealed. OK to attach addendum . See Addendum attached for nature of relief sought Items enclosed as part of this Application: orderl addendum2 x Locus map x Site plan x_ showing present x +planned_ structures Floor plans present proposed elevations (11DC approved ?_) Listings lot area x frontage X setbacks GCR�_ parking data Assessor - certified addressee fist 4 sets �malling labels 2 sets 200 fee payable to Town of Nantucket x proof 'cap' covenant (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 er;ur SIGNATURE: t pplicant Attorney /agent — 3(If not owner or owner's attorne enclose proof of authority) ,--� _(„ i .r4lr` A nT)VXTTITTM Applicant seeks to expand the footprint of the existing structure in the ROH District from 38% of present ground cover (1,384 square feet) to 49% of ground cover (1,785 square feet) by replacing the shed attached to the house on the north and adding an attached garage. Applicant takes the position that although their lot is less than 5,000 square feet in area, it exists as a lot recognized by variance; as such it is entitled of right to the same ground cover ratio as other lots in this ROH District, namely 50 %, and therefore the work proposed may be done as of right. Section 139 -33(E) of the amended By -Law provides that unimproved lots containing less than 5,000 square feet are subject to a maximum ground cover ratio requirement of 30 %. The subject lot is improved and is entitled to a maximum ground cover ratio requirement of 50 %. In the alternative, if a 30% ground cover ratio is applicable to this lot, the present structure exceeds the allowable ground cover ratio and, under 139 -33A, may be expanded by Special Permit if such expansion is found to be not substantially more detrimental to the neighborhood than the existing use of the lot. The proposed expansion will create a structure comparable in size to other homes in the ROH District and will enhance the neighborhood. Accordingly, the Applicant requests that this Board determine that the proposed expansion of the house is permitted as a matter of right. Alternatively, the Applicant requests a Special Permit to allow such expansion pursuant to Section 139- 33(A).