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HomeMy WebLinkAbout030-91O �- --I1 TOWN OF NANTUCKET BOARD OF 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. 030 -91 Owner /Applicant: SHIRLEY M. ROWLEY 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. - - cc: Town Clerk Planning Board Building Commissioner ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 Map 60 -1 -2 28 Tennessee Avenue Parcel 31 R -2 At a Public Hearing of the BOARD OF APPEALS held at 1:00 P.M., Friday, May 17, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of SHIRLEY M. ROWLEY, of 144 Spring Street, Millis, Mass. 02504, Board of Appeals File No. 030 -91, the Board made the following DECISION: 1. Applicant seeks a Special Permit under Section 139 -33A of the Zoning Bylaw to alter or extend a structure said to be nonconforming as to side /rear setback and for a determination that I Street is not a street within the definition of Section 139 -2 of the Zoning Bylaw. The Applicant proposes to add a two - story addition to the dwelling currently on the lot. The existing dwelling is nonconforming as to side /rear setback being within 5.71 + of the lot line; the addition will not increase the nonconformity. The determination is necessary because the addition will be within 30 feet of the line between the lot and I Street. In the alternative, applicant seeks a Special Permit under Section 139 -33A to alter or extend a structure nonconforming as to front yard setback by making the proposed addition to the existing shed on the I Street side of the property and attaching it to the existing dwelling, or, in the alternative for a Variance under Section 139 -32 from the requirements of Section 139 -16A (front yard setback) to allow expansion of an existing structure into the required front yard setback. 2. Our decision is based upon the application and documents filed therewith, the testimony and evidence presented at the hearing, a favorable recommendation from the Planning Board on Special Permit not further impinging on the 5.71' setback and unfavorable on the other requested relief. There was no neighborhood opposition to granting the relief requested. 3. The Applicant presented evidence that the proposed location for the addition was selected in response to Conservation Commission concerns about the wetlands area near the existing structure which required construction in the area as presented. 4. The other area on the lot which would meet the Conservation Commission's approval contains several mature trees, which Applicant wants to preserve. 5. The shed, which Applicant would expand under one of the requests for relief has been on the lot since before zoning, is nonconforming as to setback from I Street, and is not currently used for residential purposes. 6. I Street, at the area abutting the subject premises is unobstructed, clearly in condition to permit the passage of motor vehicles over it, and affords access to a lot abutting it beyond the Applicant's property. 7. The Board finds that I Street is a "street" within the definition in §139 -2 of the Zoning Bylaw, and, therefore, Applicant would, absent relief from this Board, have to meet the front yard setback requirement from that side of her property. 8. The Board finds that expansion of the shed substantially as proposed in Exhibit A, a copy of which is appended hereto, will not be substantially more detrimental to the neighborhood than .the existing use and the nonconforming distance is not made more nonconforming. 9. The Board, by unanimous vote, grants a Special Permit under §139 -33A to allow expansion of the shed substantially as shown in Exhibit A. 10. The Board, by a 1 -4 vote (Williams for, Balas, Beale, Leichter, and O'Mara opposed) deny the request for a Variance and find that the soil conditions and topography especially affecting this lot do not bear a sufficient nexus to the need to locate the proposed addition within the required setback toustain the granting of the variance as requested -7 If Date:. i �( Linda F. Williams ( /l /n � Ann Balas J:I Leichter TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 / September '?o , 1991 To: Parties in interest and others concerned with the Decision of the Board of Appeals in Application No.: 030 - 91 of: SHIRLEY M. ROWLEY Enclosed is the Decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. This Decision provides a Clarification (not a Modification) or authorizes a Temporary Permit under Zoning By -Law Section 139 -26H with no twenty (20) day appeal period required. o en J leic ter, Chairman cc: Town Clerk Planning Board Building Commissioner ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 Map 60 -1 -2 28 Tennessee Avenue Parcel 31 R -2 At a Public Hearing of the BOARD OF APPEALS held at 1:00 P.M., Friday, September 13, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the request of SHIRLEY M. ROWLEY, of 144 Spring Street, Millis, Mass. 02504, Board of Appeals File No. 030 -91, for a clarification of the DECISION made by the Board on the Application, the Board made the following CLARIFICATION: 1. The use of the word "shed" to describe the structure to be altered or expanded in paragraphs 5, 9 and 10 of the Decision was solely with reference to the designation of the structure on the plan appended to the Decision, to distinguish it from the other structure on the premises, and to establish the type of relief necessary to permit the proposed work (a single or two - family residential structure needing only a finding by the Board that the change will not increase the nonconforming nature of the structure, other structures, such as commercial or non- residential buildings, here a "shed ", requiring a finding that the change will not be substantially more detrimental to the neighborhood and /or a Special Permit in accordance with §139 - 33A), and not to define the use of the structure before or after completion of the changes proposed by the Applicant. 2. The use of the word "shed" was not intended and should not be interpreted to limit the uses allowed within the structure as existing or as expanded. 3. The structure shown on the plan as a "shed" may be used for habitation in keeping with the limitations imposed by the Order of Conditions issued by the Conservation Commission. 4. The Board, by unanimous vote Beale and O'Mara in favor) CLARIFI hereinabove stated. I L nda F. Williams G/," _b ao Ann Balas ter, Willia the Deeision,lo ert J: Leilchter C. Martell Beale M'chael 0 'Ma Fa Balas, the-Board as ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 NOTICE A Public Hearing of the BOARD OF APPEALS will be held at 1:00 P.M., Friday, May 17, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: SHIRLEY M. ROWLEY Board of Appeals File No. 030 -91 Applicant seeks a Special Permit under Section 139 -33A of the Zoning Bylaw to alter or extend a structure said to be nonconforming as to side /rear setback and for a determination that I Street is not a street within the definition of Section 139 -2 of the Zoning Bylaw. The Applicant proposes to add a two - story addition to the dwelling currently on the lot. The existing dwelling is nonconforming as to side /rear setback being within 5.71 + of the 16t line; the addition will not increase the nonconformity. The determination is necessary because the addition will be within 30 feet of the line between the lot and I Street. In the alternative, applicant seeks a Special Permit under Section 139 -33A to alter or extend a structure nonconforming as to front yard setback by making the proposed addition to the existing shed on the I Street side of the property and attaching it to the existing dwelling, or, in the alternative for a Variance under Section 139 -32 from the requirements of Section 139 -16A (front yard setback) to allow expansion of an existing structure into the required front yard setback. The premises are located at 28 TENNESSEE AVENUE, MADAKET, Assessor's Map 60.1.2, parcel 31, as shown on Land Court Plan 3092 S, Let 45. The property is z-A. P. -2. Robert J. Le�gXter, Chairman BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS 4 -29 -91 TOWN AND COUNTY BUILDING Date ;NANTUCKET, MA 02554 10� CASE No. APPLICATION FOR RELIEF Owner's name(s): Shirley M. Rowl.2y Mailing address: 144 Spring -S±j"ee - Mill MA 0 ?054. Applicant's name: David R. Wiley (Agent) Mailing address: 3 Lyon Street Nantucket MA 02554 Location of lot: Assessor's map and parcel number60.1.2- 31 Street address • 28 Tennessee Ave., Madaket, Nantucket, MA 02554 Registry Land Ct Plan, Plan I3k & Pg or Plan File 3092 S Lot 45 Date lot acquired: 1.2✓13_/9Q_ Deed Ref _, Zoning district R -2 Uses on lot - commercial: None X or - number of: dwellings 1_ duplex Building date(s): all pre - 8/72? Building Permit appl'n. Nos. MCD? apartments rental rooms or addition in 1981 C of 0? Case Nos. all BoA applications, lawsuits: State fully all zonincj relief sought and respective Code sections and subsections, speCIfical.ly what you propose compared to present and what grounds you urge for BoA to make each finding per Section 139 -32A if Variance, 1;39 -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 . Items enclosed as part of this Application: orderl addendum2 Locus map Site plan present +planned structures Floor plans present proposed elevations (IIDC approved ?_) Listings lot area frontage setbacks GCRT_ parking data Assessor - certified addressee 1st 4 sets mailing labels 2 sets_ 200 fee payable to Town of Nantucket 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 per] ry. SIGNATURE: Applicant Attorney /agent _, 3(If not owner or owner. s attorney, enclose proof of authority) ADDENDUM A Applicant seeks a Special Permit under Section 139 -33A of the Zoning Bylaw to alter or extend a structure said to be nonconforming as to side /rear setback and for a determination that I Street is not a street within the definition of Section 139 -2 of the Zoning Bylaw. The Applicant proposes to add a two - story addition to the dwelling currently on the lot. The existing dwelling is nonconforming as to side /rear setback being within 5.71 + of the lot line; the addition will not increase the nonconformity. The determination is necessary because the addition will be within 30 feet of the line between the lot and I Street. In the alternative, applicant seeks a Special Permit under Section 139 -33A to alter or extend a structure nonconforming as to front yard setback by making the proposed addition to the existing shed on the I Street side of the property and attaching it to the existing dwelling, or, in the alternative for a Variance under Section 139 -32 from the requirements of Section 139 -16A (front yard setback) to allow expansion of an existing structure into the required front yard setback. Applicant requests a waiver of the filing fee. TOWN OF NANTUCKET BOARD OF'APPEALS Nantucket, Mass. 02554 To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application o,f the following: Application No. 031 -91 Owner /Applicant: WALTER J. GLOWACKI, DAVID D. GLOWACKI, GREG W. GLOWACKI and KIM GLOWACKI 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: 2 cc: Town Clerk Planning Board Building Commissioner ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 Map 42 -2 -3 39 Washington Street Parcel 34 RC At a Public Hearing of the BOARD OF APPEALS held at 1:00 P.M., Friday, May 17, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of WALTER J. GLOWACKI, DAVID D. GLOWACKI, GREG W. GLOWACKI and KIM GLOWACKI, of P. O. Box N, Nantucket, Mass. 02554, Board of Appeals File No. 031 -91, the Board made the following DECISION: 1. Applicant is seeking relief by Special Permit under Sections 139- 18B(2) from the parking requirements of 139 -18D to allow operation of a fifty -six (56) seat restaurant, waiving two (2) spaces and to the extent necessary to permit use of sections of the provided spaces for a loading area during hours when the proposed restaurant is not open for business. In addition, relief by Special Permit is requested from the requirements of Section 139 -20 to allow a portion of the designated loading area to be used for parking and restricting use of the loading area to hours when the restaurant is not open for business. 2. Our decision is based upon the application and documents filed therewith, the testimony and evidence presented at the hearing, an unfavorable recommendation from the Planning Board. There was neighborhood opposition to granting the relief requested. 3. Applicant explained the proposed layout of the parking and loading areas, showing seven (7) spaces and a loading area which overlapped two (2) of the spaces and some of the required aisle. In all other respects, the proposed plan conformed to zoning requirements and was for a use permitted as a matter of right within the district, with a proposal to limit seating to fifty - one (51) seats with 1349 S.F. of storage space. 4. Opposition was expressed by several neighbors to the potential for noise and increased traffic on a street which is already heavily used, and general objection to use of the building as a restaurant in an area now predominantly residential. 5. Additional testimony centered on the potential for restaurant customers to use the Town parking lot abutting the premises, and neighbors stated that the lot was in poor condition, inadequately illuminated, and exited unsafely onto a small residential side street which is already in bad repair. 6. The Board, by unanimous vote, DENIES the request for a Special Permit under §139- 18B(2) to waive two (2) required parking spaces, the request to allow part of two (2) spaces and a portion of the aisle to be used to meet the loading area requirement, and the request to allow the loading area to be used as parking and restricting the use of the loading area to hours when the restaurant is not open for business. Date:— Ann Balas Kate Mitchell 10 C. M shall Bea ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 NOTICE A Public Hearing of the BOARD OF APPEALS will be held at 1:00 P.M., Friday, May 17, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: WALTER J. GLOWACKI, DAVID D. GLOWACKI, GREG W. GLOWACKI, and KIM GLOWACKI Board of Appeals File No. 031 -91 Applicant is seeking relief by Special Permit under Sections 139- 18B(2) from the parking requirements of 139 -18D to allow operation of a fifty -six (56) seat restaurant, waiving two (2) spaces and to the extent necessary to permit use of sections of the provided spaces for a loading area during hours when the proposed restaurant is not open for business. In addition, relief by Special Permit is requested from the requirements of Section 139 -20 to allow a portion of the designated loading area to be used for parking and restricting use of the loading area to hours when the restaurant is not open for business. The premises are located at 39 WASHINGTON STREET, Assessor's Map 42.2.3, parcel 34. The property is zoned RC. Robert J. Lei er, Chairman f7,,J BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALfS 4/26191 TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 03 / CASE No. G - APPLICATION FO RELIEF Owner's name(s) : Walter J. Glowacki, a11vid 17, c_l,owacki, G.rea I9. Clow Owner's im owac- c, i Mailing address: P.O. Qox N, Nantucket. *Massachusetts 02554 Applicant's name: Lori Anne Geddes Mailing address: P O nox ri, Nantucket, Massactn?setts 02554 Location of lot: Assessor's map and parcel number Street address: 39 Washiouton street Registry Land Ct Plan, Plan Bk & Pq or Plan Filo12 2.3-34 Lot Date lot acquired: _9_/23j s_i_7 Deed Re f_7 ,1 r, f; Zoning district- RC Uses on lot - commercial: None _ or Pre - existing_ commercial_ MCD ?` use in garac1e - number of: dwellings 1 duplex___- apartments' rental rooms Building date(s): all pre -8/72? or_g0 __&_l p /1 /RO c' of O ?— Building Permit appl'n. Nos. Case Nos. all BOA applications, lawsuits: (059 -88) State fully all zoninv relief sought and respective Code sections and subsections, speClfically what you propose compared to present and what grounds you urge for BoA to make each fjndj.ng per Section 139 -32A if Variance, 139 -30A if a Special Per1flit (and 139 -33A if to alter or extend a noncon- orming use). If appeal per 139 -31A & B _ , attach decision or order appealed. 01, to attach addendum See Addendum "A" Items enclosed as part of this Application: order.l addendum2 Locus map_ site plan__ showing present +planned structures Floor plans present proposed__ elevation. (IIDC approved ?_) Listings lot area !fr_ontage setbacks parking data Assessor - certifies addressee Mist 4 sets ma�llog labels 2 sets_ $200 fee payable to Town of Nantucket proof 'cap' covenant l(If an appeal, ask 'Town Clerk to send Llldg Comm record to UoA.) 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. SIGNATURE: O�iru �iytn�c �e.n�r✓e Applicant — Attorney./agent x 3(If not owner or owner's attorney, enclose proof of authority) FOR B /oA OFFICE USE Application copies reed: 4 V or_ for BoA on 66Y— / by� One copy filed with Town Clerk on_,�J l fQl by complete? C- One copy each to Planning Bd and Building $200 fee check given Town Treasurer ons__/ l/2 by waived? Hearing notice posteci-��J - 1J.?—/ mailed/ -�k I & Hearing(s) on_/_/_ cont'd to—/__j_, �_/_ withdrawn ?___/__/_ Decision due bye_/_ made—/--/-- filed TC__/__/_ mailed_/_ See related cases lawsuits I I otl. ADDENDUM A Applicant is seeking relief by Special Permit under Sections 139- 18B(2) from the parking requirements of 139 -18D to allow operation of a fifty -six (56) seat restaurant, waiving two (2) spaces and to the extent necessary to permit use of sections of the provided spaces for a loading area during hours when the proposed restaurant is not open for business. In addition, relief by Special Permit is requested from the requirements of Section 139- 20 to allow a portion of the designated loading area to be used for parking and restricting use of the loading area to hours when the restaurant is not open for business.