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Home My WebLink About035-91en35 - �/ 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: BANITA C. KERN, owner, and ALBERT E. and JUDITH A. MINUCCI, contract purchasers Board of Appeals File No. 035 -91 Applicant is seeking a Special Permit under Section 139 -33A of the Zoning Bylaw to alter or extend a structure said to be pre- existing nonconforming by converting the existing second story of the building from a half -story with dormers to a full story and third half -story with dormers. The premises are nonconforming as to side /rear setback and ground cover ratio. The proposed alterations will not increase the nonconformities. The premises are located at 42 -44 CENTRE STREET, Assessor's Map 42.3.1, parcel 63, as shown in Plan File 37 -C, Unit 3. The property is zoned RC. Robert J. L ichter, Chairman BoA Form 1 -89 Owner's name(s): NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 APPLICATION FOR RELIEF RANITA C. KERN Date q/ CASE NoQ- 2 �- / t Mailing address: 222 BOWERY NEW YORK NEW YORK 10012 _ Applicant's name: ALBERT E & JUDITH A MINUCCI (Contract purchasers) Mailing address: P.O. BOX 194, BARNSTABLE, MA. 02630 Location of lot: Assessor's map and parcel number - 42.3.1 -63 Street address: 42 -44 CENTRE STREET Registry UXIAI=Plan, VX►X X *XX=VX Plan File 37 -C ____ Lot Unit 3 Bk 340, Pg 209 Date lot acquired: _�_/_2j 90 Deed Ref / Zoning district R -C 2 retail shops on first Uses on lot - commercial: None or fi nnr apartm -4- nn 7nri , MCD ?�j_ - number of: dwellings duplex apartments rental rooms Building date(s): all pre -8/72? Y or Building Permit appl'n. Nos. N/A Case Nos. all BoA applications, lawsuits: None C of O? Y 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 -3 A attach decision or order appealed. OK to attach addendum . Applicant seeks a Special Permit in accordance with the provisions of Section 139 -33(A) to alter and extend a prior- existing, non -con- forming structure, to wit: increase the headroom of the existing apartment on the second floor of the building by constructing a full second story on the building to replace the existing half -story with dormers (see annexed elevations and floor plans). Items enclosed as part of this Application: orderl addendum2 Locus maps_ Site plan_ showing presentTX__ +planned structures Floor plans present proposed X elevations X (HDC approved ?N ) Listings lot area frontage _T setbacks GCRT parking data Assessor- certified l addressee ist 4 sets_ ma ling labels 2 setsX 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 complete .penalties SIGNATURE: 3 (If not e reques ed information submitted is substantially to bes of my knowledge, under the pains and ury Applicant Attorney /a4aw& X Wore L. Tillotson er or owner's attorney, enclose proof of authority) "Wr-n r TOWN OF NANTUCKET BOARD Ok 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. 035 -91 Owner /Applicant: BANITA C. KERN, owner, and ALBERT E. and JUDITH A. MINUCCI, contract purchasers 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. n W.4 -!Rl j .� cc: Town Clerk Planning Board Building Commissioner ichter, Chairman ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 Map 42 -3 -1 42 -44 Centre Street Parcel 63 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 BANITA C. KERN, owner, and ALBERT E. and JUDITH A. MINUCCI, contract purchasers, c/o Theodore L. Tillotson, P. O. Box 1389, Nantucket, Mass. 02554, Board of Appeals File No. 035 -91, the Board made the following DECISION: 1. Applicant is seeking a Special Permit under Section 139 -33A of the Zoning Bylaw -Co alter or extend a structure said to be pre- existing nonconforming by converting the existing second story of the building from a half -story with dormers to a full story and third half -story with dormers. The premises are nonconforming as to side /rear setback and ground cover ratio. The proposed alterations will not increase the nonconformities. 2. Our decision is based upon the application and documents filed therewith, the testimony and evidence presented at the hearing, and a favorable recommendation from the Planning Board. 3. The Applicant presented evidence that the structure and use of the second floor thereof as an apartment dwelling unit pre- dated the enactment of zoning and are, therefore, pre- existing and nonconforming. 4. The building has been dedicated to condominium use with two retail stores in separate ownership on the first floor and the apartment, also as a separate unit, on the second floor, and Applicant represents that the first floor shall remain as two retail units. 5. Several of the other commercial buildings on Centre Street in the vicinity of the premises have been enlarged by the addition of full second stories. 6. The Board finds that the building as it is currently configured is a pre- existing nonconforming structure and that the proposed changes to the structure will not increase the nonconforming nature of it. 7. The Board finds that the proposed changes to the structure by converting the existing second story of the building from a half -story with dormers to a full story and third half -story with dormers will not be substantially more detrimental to the ,neighborhood than the existing structure and uses based upon compliance with the following conditions and limitations: A. the proposed addition be constructed substantially in accordance with the plans submitted herewith and subject to approval by the Historic District Commission; B. all exterior construction be done between October 15 and April 15; and C. the second and third floors of the structure shall consist of one dwelling unit only with not more than two bedrooms. 8. - The Board, by unanimous vote, GRANTS the Special Permit requested under §139 -33A of the Zoning Bylaw to allow the alteration and extension of the pre- existing nonconforming structure upon the conditions specifi in parag? tag 7 of this DECISION. J n /�' / / Date:- L'nda F. iJ a 1\ O' Mara / R i rt Jr.�ehcHter C. Mars all Beale Peter Dooley