HomeMy WebLinkAbout018-91w
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TOWN OF NANTUCKET
BOARD OP APPEALS
Nantucket, Mass. 02554
To: Parties in Interest and Others concerned with the Decision
of the BOARD OF APPEALS in the Application of the following:
Application No. 018 -91
Owner /Applicant: JOAN R. GANIM
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 (20) days.
Date: 114
- -
cc: Town Clerk
Planning Board
Building Commissioner
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DECISION:
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02554
The BOARD OF APPEALS, at Public Hearings held on
Friday, March 8, 1991 and Friday, May 17, 1991, at 1:00 p.m. in
the Town and County Building, Nantucket, Massachusetts made the
following Decision upon the application of JOAN R. GANIM
(018 -91) with an address of 170 River Valley Road, Stamford,
Connecticut 06497.
1. Applicant seeks a MODIFICATION OF VARIANCE No.
099 -87 to allow a reconfiguration of the existing ground cover
of the residential dwelling on the premises and to allow for the
construction of a unenclosed porch and ground floor deck in the
rear of the subject premises. The Premises are located at 2 NEW
STREET, SIASCONSET, ASSESSOR'S PARCEL 7313 -034, PLAN BOOK 16,
PAGE 86 at the Nantucket Registry of Deeds and zoned
RESIDENTIAL -OLD HISTORIC.
2. Our findings are based upon the Application papers,
correspondence, plans, representations, prior VARIANCE affecting
the subject Premises and testimony received at our hearings on
March 8, 1991 and May 17, 1991. We find that the residential
dwelling on the Premises has existed in its present location
- Page One of Three -
from a time prior to the effective date of the Nantucket Zoning
By -Law and the lot contains 3,642 square feet. The existing
ground cover is 749 square feet (20.57 %) and the allowable
ground cover in this Zoning District is 30 %. In 1987, the
Applicant's predecessor in title obtained a Variance from this
Board which included a condition that there be "...no
enlargement of the dwelling and no additional structure be
constructed on the lot." At our March 8, 1991 public hearing,
the Applicant submitted plans which provided for addition of a
master bedroom /bath, deck, unenclosed porch and kitchen to the
rear of the cottage which effectively increased the ground cover
from 749 square feet to 995.5 square feet. The Board expressed
some hesitation about approving a modification of the prior
Variance to allow for an increase of ground cover and at the
public hearing on May 17, 1991, the Applicant submitted revised
plans prepared by Milton Rowland and Associates, dated April 26,
1991 which reflected a reconfiguration of the existing ground
cover but no increase in same. These revised plans also
provided for an unenclosed screen porch and deck to the rear of
the Premises which structures do not constitute ground cover
under the Amended By -Law. We find that the revised plans
submitted by the Applicant do not constitute an enlargement of
the dwelling so as to violate the condition in the prior
Variance because the existing ground cover of the dwelling will
not change. Further, we hereby find that even though the
- Page Two of Three -
Y
proposed unenclosed screen porch and ground floor deck do
constitute "additional structures ", the Applicant's request is
reasonable and a modification of the Variance as requested is
supportable in this case.
3. For the reasons set forth herein, the BOARD, by
UNANIMOUS VOTE, hereby GRANTS to Applicant the requested
MODIFICATION of the VARIANCE so as to allow the reconfiguration
of the ground cover and addition of an unenclosed screen porch
and rear deck on the subject dwelling in accordance with the
revised plans submitted by the Applicant on the condition that
the Applicant obtains all necessary local permits and approvals
for such work.
Dated: 7MMP- 17-, 1991 \
Nantucket, MA
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- Page Three of Three -
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Form
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
File No.
MEMO
Assessor's Parcel 73, 1- .3 -�
THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF
APPEALS TO MAKE A DECISION (or to hold a public hearing or
take other action) concerns the Application of:
Pursuant to the provisions of the Acts of 1987, Chapter
498, amending the State Zoning Act, Chapter 40A of the
Massachusetts General Laws, Applicant(s)/petitioner(s) and
the Board of Appeals hereby agree to extend the time limit
for a public hearing '� on the Application, or
- for a decision V�of the Board, or
- for any other action
by the Board,
(whether such Application is an appeal from the
decision of any administrative official, a petition for
a Special Permit , or for a Variance , or for any
extension , modification 11 or renewal thereof)
to the NEW TIME LIMIT of midnight on JUn(E�- 02) j I'"1 : (
but not earlier than a time limit set by statute or bylaw.
The Applicant(s), or the attorney or agent for.
Applicant(s) represented to be duly authorized to act in
this matter for Applicant(s), in executing this Agreement
waives any rights under the Nantucket zoning Bylaw and the
State Zoning Act, as amended, to the extent, but only to
the extent, inconsistent with this Agreement.
cc: Town Clerk
Planning Board
Building Commissioner
Agreement filed in the office of the Town Clerk:
Date
Town Clerk
G,
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:
JOAN R. GANIM
Board of Appeals File No. 018 -91
Applicant is seeking relief by Special Permit under Sections
139 -30A and 139 -33A of the Zoning Bylaw to alter and extend a
structure said to be nonconforming as to side yard setback as
required under Section 139 -2 (Yard, Front) and Section 139 -16A,
on a lot nonconforming as to lot area. The structure is said to
encroach on the side yard setback by 3.5+ feet, and the lot
contains 3,642+ S.F. in a district requiring 5,000 S.F..
The proposed addition of 146+ S.F., including relocation of
a bedroom and addition of a kitchen, deck and screened porch to
the rear of the cottage will not increase
the nonconformity as to side yard setback.
In addition, Applicant seeks a Modification of the Variance
granted by the Board of Appeals in 099 -87 to eliminate the
condition that there be "...no enlargement of the dwelling," with
all other terms of the Variance to remain in effect.
See Board of Appeals File No. 099 -87.
The premises are located at 2 NEW STREET, Siasconset,
Assessor's Map 73.1.3, parcel 34, Plan Book 16, page 18, Lot 3,
and are zoned ROH.
William R. Sherman, Vice - Chairman
7
BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS
.. TOWN AND COUNTY BUILDING /D�ateC� /
NANTUCKET, MA 02554 CASE No.`��� 11
APPLICATION FOR RELIEF
Owner's name(s): Joan R. Ganim
Mailing address • 170 River Valley Road, Stamford, Connecticut 06497
Applicant's name • same
Mailing address: same
Location of lot: Assessor's map and parcel number 7313- 034
Street address • Two New Street, Siasconset
Registry Land Ct Plan, Plan Bk & Pg dtX)VXXhX 1& 16/86 Lot 3
Date lot acquired: 90 Deed Ref 356 /100 ZoniUg district ROH
Uses on lot - W=WMX1Ka1XXMdXWMXX== Residential MCD?
- number of: dwellings 1 duplex apartments rental rooms
Building date(s): all pre -8/72? yes or C of 0?
Building Permit appl'n. Nos.
Case Nos. all BoA applications, lawsuits: Variance Decision No. 099 -87
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 .
1%1 The Applicant seeks a Special Permit pursuant to Sections 139 -30A and
139 -33A to expand a single- family cottage on a pre- existing, non - conforming
lot by adding 246.5 square feet of ground cover for a new ground cover ratio of i
27.3 %. Allowable ground cover is 30 %. See Addendum A annexed hereto.. !�
Items r
enclos d as part of this Application: derl ad ndum2 ✓
Locus map Site plan ✓ showing present � +planned ✓'structures
Floor plans present proposed ✓ elevat of ns (IiDC approved ?_)
Listings lot area frontage setbacks GCR parking data
Assessor - certified addressee 1st 4 sets -7-mn1 ni g labels 2 set
200 fee payable to Town of Nantucket v1 proof 'cap' covenant
(If an appeal, ask Town Clerk to send Bldg Comr 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. /, ,f \,
SIGNATURE:
Joan R.
3(If not owner or
icant Attorney /ag
.
By Her Attorney, Kevin F. Dale
is attorney, enclose proof of auth rity)
FOR BoA OFFICE USE
ADDENDUM "A"
The Applicant, Joan R. Ganim, seeks Special Permit relief
pursuant to Sections 139 -30A and 139 -33A of the By -Law to expand
the living area of her cottage at 2 New Street, Siasconset. The
Premises are located in the Residential Old Historic Zoning
District and the cottage on the premises has existed in its
present location from a time prior to the effective date of the
By -Law. The lot contains 3,642 square feet and is
non - conforming as to size; under the amended definition of
"front yard," the cottage is non - conforming as to set backs from
Park Lane. A five (5) foot set back is required and the corners
of the existing cottage are set back 1.5 feet and 2.5 feet from
Park Lane, respectively. The existing ground cover is 749
square feet (20.57 %) and if the proposed addition to ground
cover is permitted, the new ground cover will be 995.5 square
feet (27.3 %). The allowable ground cover is thirty (30)
percent.
The Applicant proposes to add a master bedroom /bath, deck,
screen porch and kitchen to the rear of the cottage. The
proposed deck and screen porch are exempt from ground cover by
definition. In 1987, the Applicant's predecessor in title
obtained variance relief for the premises on the condition that
there be 11 ... no enlargement of the dwelling" (009 -87). Such
a
variance relief cured the merger of the premises with an
abutting non - conforming lot held in common ownership after the
effective date of the By -Law.
Special Permit relief may be granted to the Applicant to
allow the proposed expansion because such expansion shall not be
substantially more detrimental to the neighborhood than the
existing use of the cottage. Specifically, one (1) existing
bedroom will be eliminated and a new one will be constructed;
there will be no change in the number of bedrooms and no
increase in the intensity of the use of the cottage. All of the
proposed work will take place in the rear of the cottage; this
area is "screened" and not easily visible from neighboring
properties and the proposed expansion of the cottage will create
new ground cover for the structure which is comparable to the
ground cover ratios of structures on abutting lots.
For the above reasons, the Applicant respectfully requests
that the Board grant the requested Special Permit relief.