HomeMy WebLinkAbout017-91TOWN OF NANTUCKET
BOARD OF APPEALS
Nantucket, Mass. 02554
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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
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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)
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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).