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Home My WebLink About046-91TOWN OF NANTUCKET ZONING BOARD OF APPEALS Nantucket, Mass. 02554 C L-t(o - C=) /. To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. 046 -91 Owner /Applicant: PEGGY KAPISOVSKY, LOIS FONTANA, PAMELA MCKINSTRY and MARK DONATO, and THE THORN AND THISTLE CONDOMINIUM ASSOCIATION 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 Date: cc: Town Clerk Planning Board Building Commissioner ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 Map 55 -4 -1 5; Jefferson Lane Parcel 119 207/148 ROH At a Public Hearing of the BOARD OF APPEALS held at 1:00 P.M., Friday, August 23, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of PEGGY KAPISOVSKY, LOIS FONTANA, PAMELA MCKINSTRY and MARK DONATO, and THE THORN AND THISTLE CONDOMINIUM ASSOCIATION, of 276 Harvard Street, Cambridge, Mass. 02139, Board of Appeals File No. 046- 91, the Board made the following DECISION: 1. Applicants are seeking a finding that the proposed alteration or extension of a structure and use said to be pre- existing and nonconforming is not substantially more detrimental to the neighborhood than the existing structure and use. In the alternative, Applicants are seeking relief by Special Permit under §139 -33A to alter or extend a structure and use said to be pre- existing and nonconforming. The structure is nonconforming as to side /rear setback and the use is nonconforming as having three (3) dwelling units on the lot, where a maximum of two (2) are permitted, and the lot area of 4,265± S.F. is less than the required area of 5,000 S.F. for the district. The proposed change is the addition of a bathroom and storage area on the east of Unit 1, with an enlarged second floor landing for Unit 2, and will not increase the nonconforming nature of the structure nor increase the nonconforming distance. The premises are located at 5z JEFFERSON LANE, Assessor's Map 55.4.1, parcel 119, as shown in Plan Book 21, page 58. The property is zoned ROH. 2. The Board's Decision is based upon the Application and materials filed therewith, testimony and evidence presented at the hearings held on July 26 and August 23, 1991, one (1) letter from an abutter in support of the application and one (1) in opposition, statements from abutters, and a favorable recommendation from the Planning Board. 3. Applicants explained the proposed project and presented drawings and elevations to show the Board the extent of the work to be done. In addition, the Applicants presented evidence that there have been three (3) dwelling units continuously on the lot since before the adoption of zoning (units 1 and 2 in one structure, unit 3 in a separate structure), and, in the absence of evidence to the contrary, the Board accepts the Applicants' contention that the structures and uses on the lot are pre- existing and nonconforming. 4. Two abutters spoke in opposition to the original proposal on the grounds that the neighborhood is very densely developed and Application No. 046 -91 Decision the proposed addition of the second floor landing would permit the occupant to overlook the neighbors' back yards. 5. At the continuation of the hearing, Applicants presented revised plans, approved by the Historic District Commission, on which the abutters, who had previously objected, indicated by initial their acceptance, showing a recessed porch with a shed roof on the neighbors' side and a six (6) foot by ten (10) foot deck, which plans are appended hereto as EXHIBIT A. 6. By unanimous vote of 4 -0 (Leichter, Williams, Balas, and Beale), the Board FINDS that the alteration or expansion of the structure substantially in accordance with the plans appended hereto as EXHIBIT A will not be substantially more detrimental to the neighborhood than the existing structure and use, and the Board GRANTS the Special Permit under §139 -33A to alter or extend a structure and use which are pre- existing and nonconforming on the condition that the construction substantially in accordance with said EXHIBIT A. C. Marshall Beale 2 rt'-J Leichter An Ann Balas k`ed/ eel �99i h, CRANGLO OF South !3(,ach 13t:reot Nantucket, 1111af-�::;. 02' -i5 NGI_01_0,11�31 A Public Hearing of the BOARD OF APPE'ALS will be nol(l at 1:00 P.M., Friday, July 26, 1991, in the To�an and County Building, Broad Street, Nantucket, Massachusec.L-s, on the Application of: PEGGY XAPISOVSXY,1 LOIS FONTANA, PAMELA MIC'KINSTRY and MARK DONATC, and THE THORN AND THISTLE CONDOMINIU14 ASSOCIATION Board of Appeals File No. 046-91 Applicants are seeking a finding that the proposed alteration or extension of a structure and use said to be pre- existing and nonconforming is not substantially more detrimental to the neighborhood than the existing structure and use. In the alternative, Applicants are seeking relief by Special Permit under §139-33A to alter or extend a structure and use said to be pre-existing and nonconforming. The structure is nonconforming as to side/rear setback and the use is nonconforming as having more than two (2) dwelling units on the lot and the lot has less than the required area for the district. The proposed change is the addition of a bathroom and storage area on the east of Unit 1, with an enlarged landing for Unit 2, and will not increase the no onforming nature of the structure nor increase the o n co � nforming distance. he premises 1 C he premises are located at 5 1/2 JEFFERSON LANE, Assessor's Map 55. .1, parcel 119, as shown in Plan Book 21, page 58. The r property zoned ROH. Robert J. Le ter, Chairman BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS 4411-- TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 CASE No. � k -9-1. APPLICATION FOR RELIEF Un�T .dyjr�e3A-*s names) : Kl C!oTf! Mailing address: `Z% 1�W SF L �c /Tl��-t�- S c ax.a -ems, l��►9( �iam&' s name: �5157� Fhb ^ n-✓, ULSZe i Mailing address: Location of lot: Assessor's map and parcel number SgLl- I/9 Street address: U0 It- Registry Land Ct Plan, Plan Bk & Pg or Plan File Lot N� Qk PG rev , �s� Date lot acquired: Ll��3 Deed Ref 2W, N Zoning district .•�� Uses on lot - commercial: None V or MCD ?_ 13 - number of: dwellings 3 duplex / apartments_ rental rooms_ Building date(s): all pre -8/72? V or C of 0 ?_ Building Permit appl'n. Nos.�� Case Nos. all BoA applications,'lawsuits: 1(19X14i '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 -31A &B _ , attach decision or der appealed. OK to attach addendum . S P ;- Items enclosed as part of this Application: opderl addendum2' Locus maps Site planes showing present `/ +planned Lr "'structures Floor plans present proposed�� elevations l/ (HDC approved? D-1, lot area4/ frontage ✓ setbacks l/ GC`R— parking data Assessor- certifie3 addressee Mist 4 sets v ma.ling labels 2 sets 5200 fee payable to Town of Nantucket oof 'cap' covenant% (If an appeal, ask Town Clerk to sennBldg Comr's record to BoA.) I certify that the requested information submitted is substantially complete and true to best f my knowledge, under the pains and penalties of perjury th � .4 My tµt SIGNATURE: % Applicant / Attorney /agent _ 3(If not owner or owner's attoqney, enclose proof of authority) FOR 7or OFFICE USE Application copies reed: 4 ! _ for BoA on�Z/�( by. (�- �___'� One copy filed with Town Clerk on /W by complete ?C� one copy each to Planning Bd and Building Deptf by C $2.00 fee check given Town Treasurer on_(L/�,j by� waived ?_ Hearing notice poste&5J 1(mailedaL I & t 0/y(, 2zr-� Hearing (s) on_/_/_ cont' d to_/_/_, _/�_ withdrawn ?__/_/_ Decision due bye _/_ made/ _/— filed TC__/_/_ mailed_/_ See related cases lawsuits other W &Iel�d T iy s �99i Y 4ri D e Stilt -V47z o 7,/.7/ -7-0 : —&Olgkb OF A PP5ALs (/Ag)ANCe- APPZ)cA j )oo AT �a FoATTONA Gang moo- .�c. a-t , v4- 7 . P.O. BOX 19 • SIA'SCONSET, MA 02564 • l 7;v C V Q4 tZ c{ r 1n "-rfe"( /,07�,, eet��, —