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HomeMy WebLinkAbout018-91w o/5"? - 4'7-/ 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 h4wd ��z; yr. ��� Z 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 Robenf I4chter, irman U Muz �� /�✓� f, /��� Mi el O'Mara C. Ma shall Beal .) Dale Waine Ann Balas - Page Three of Three - \may \GANIMBOA 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.