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Home My WebLink About055-91655- 9/ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 To: Parties in interest and others concerned with the Decision of the Board of Appeals in Application No.: of: PETER BERNON September R-7, 1991 055 - 91 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. cc: Town Clerk Planning Board Building Commissioner ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 September 25, 1991 To: Building Commissioner Town Clerk Planning Board From: Robert J. Leichter, Chairman Zoning Board of Appeals Subj: File No. 055 -91, Correction of clerical error In paragraph 3 of the Decision, the setback requirements of §139 -16A for zoning district R -1 were transposed. The second sentence of paragraph 3 should read, "Under Nantucket Code Section 139 -16A, in a Residential -1 zoning district, the required front yard setback is 10 feet, and the required side yard setback is 5 feet." The change does not affect any aspects of the relief granted. x7 i99/ I TOWN OF NANTUCKET ZONING BOARD OF APPEALS Nantucket, Mass. 02554 41A. -� 0., /,??/ To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. 055 -91 Owner /Applicant: PETER M. BERNON 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 (201.,,'dys.^ / I Date: cc: Town Clerk Planning Board Building Commissioner rt J.r-tei�- -titer, C iairman BOARD OF APPEALS Town of Nantucket Nantucket, Massachusetts 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on Friday, August 23, 1991, at 1:00 P.M., in the TOWN AND COUNTY BUILDING, NANTUCKET, made the following Decision upon the Application of PETER M. BERNON (055 -91), having a mailing address c/o Reade & Alger Professional Corporation, 6 Young's Way, Post Office Box 2669, Nantucket, Massachusetts 02584. 1. Applicant proposes to change and alter the existing single- family dwelling now existing upon the premises, which dwelling pre - exists the enactment of the Nantucket Zoning By -Law in 1972 and which dwelling is nonconforming as to front and side yard setbacks, by demolishing it and replacing it with a similar, yet smaller, single- family dwelling, which new dwelling will maintain, but not increase, the existing front and side yard setback nonconformities. In connection with such change and alteration, Applicant seeks a finding under Nantucket Code Section 139 -33.A. that such change and alteration is not substantially more detrimental to the neighborhood than the existing nonconforming structure. In the alternative, the Applicant seeks a special permit under Nantucket Code Section 139 -33.A. The premises are located at 17 LINCOLN AVENUE, NANTUCKET, are shown as Lot 1 on Land Court Plan No. 8751 -H, and are zoned RESIDENTIAL -1. 2. Our findings are based upon the Application papers and testimony, representations, photographs, plans, and other materials received at the public hearing. 3. The premises are currently improved by a single - family dwelling, which, at its closest point, is set back about one foot from Lincoln Avenue and, at its closest point, is set back about one foot from its southeasterly boundary. Under Nantucket Code Section 139- 16.A., in a Residential -1 zoning district, the required front yard setback is 5 feet, and the required side yard setback is 10 feet. As a result, the existing single - family dwelling is nonconforming as to both front and side yard setback requirements. The Applicant represents, and we find, that these setback nonconformities pre -exist the effective date of Nantucket Zoning By -law in 1972. 4. Based upon photographs and as -built drawings of the existing single - family dwelling, we find that the existing single- family dwelling is in poor repair and condition and is not a particularly attractive or historic structure. The proposed single - family dwelling that the Applicant seeks to construct is, as shown on the plans submitted with the Application and approved by the Nantucket Historic District Commission, a much more -1- aesthetically pleasing design, and while the proposed dwelling will be slightly higher in some respects than the existing dwelling, the proposed dwelling will have a ground cover that is less than the existing structure. We note that, under current practice, case law, and the Nantucket Code, the Applicant would be permitted, as a matter of right, to increase the height of the existing dwelling up to thirty feet, without relief from this Board. 5. Opposition to the application was presented to the Board by two abutters to the effect that, since the Applicant is demolishing the existing structure entirely, the Applicant should be required to maintain the setbacks required under the Code in the reconstruction of the dwelling. These sentiments were echoed by the Nantucket Building Commissioner. While we are sympathetic with these concerns, we believe that we are constrained by the clear language of the Code from imposing such a requirement upon the Applicant. Certain members of the Board expressed displeasure that the Applicant was unwilling to concede, at least in part, to the concerns of these two neighbors, and asked that the Applicant, despite this decision, consider the neighbors' concerns and reconstruct the dwelling with setbacks of three feet or more. The Building Commissioner also argued that the lot would become conforming upon demolition of the existing dwelling and that any replacement dwelling must maintain the required setbacks; however, we find that when the demolition and reconstruction are done pursuant to a comprehensive plan, as here, the property does not lose the benefits of its nonconforming status as a result of temporarily being brought into conformity during work necessary to complete the plan as presented. The Board further finds that the Applicant has been straightforward in requesting this relief and has not attempted to circumvent the Code, as has been done by others in the past, by maintaining some small portion of the existing structure. The Planning Board's recommendation on the Application was favorable. 6. Nantucket Code Section 139 -33.A. provides, in relevant part, that .a [p]re- existing, nonconforming . . . extended, provided that shall be permitted unless th permit granting authority . . or alteration shall not detrimental than the existing neighborhood. [structure] . . . may be no such . . . alteration ere is a finding by the . that such change . . . be substantially more nonconforming use to the Despite the concerns expressed above, this Board finds that the proposed change and alteration to the existing single - family dwelling by demolishing it and replacing it with a smaller, although slightly higher, single - family dwelling will not be substantially more detrimental to the neighborhood, particularly since the proposed dwelling will be much more aesthetically appealing and will have less ground cover than the existing -2- nonconforming structure. 7. The Applicant had requested, in the alternative to a finding under 139- 33.A., a special permit under 139 -33.A. Given the Board's decision, such a special permit is unnecessary. As a result, the Applicant requested, and this Board grants, permission to withdraw the special permit request without prejudice. 8. Accordingly, by vote of 4 -1 (Leichter, Williams, Balas, Mitchell in favor,Beale opposed), this Board GRANTS the requested relief by finding under Nantucket Code Section 139- 33.A., that the change and alteration to the pre - existing, nonconformity single - family dwelling nonconforming as to front and side yard setbacks, by demolishing it and replacing it with a similar, yet smaller (as to ground cover), although higher, single - family dwelling, which new dwelling will maintain, but not increase the existing front and side -yard setback nonconformities, is not substantially more detrimental to the neighborhood than the existing nonconforming structure, such change and alteration to be made in substantial conformity with the plans submitted by the Applicant and attached hereto as Exhibit A, and by UNANIMOUS VOTE, this Board GRANTS the Applicant's request to withdraw the Applicant's alternative request for a special permit under Nantucket Code Section 139 -33.A. without prejudice. Dated: September a D , 1991 a" - bd4 � - Ann Balas ' '` via) Kate Mitoofiell C. Ma shall Beal (hjvl4 /bernon) /2 (d -3- 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, August 23, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: PETER M. BERNON Board of Appeals File No. 055 -91 Applicant is seeking a Special Permit under § §139 -30A and 139 -33A of the Zoning Bylaw or, in the alternative, a finding that the alteration of a structure, said to be pre- existing and nonconforming as to front and side yard setbacks, will not be substantially more detrimental to the neighborhood than the existing structure. Applicant proposes to demolish the existing dwelling and to construct a smaller single family dwelling which will maintain, but not increase, the setback nonconformities. See Board of Appeals File 035 -88. The premises are located at 17 LINCOLN AVENUE, Assessor's Map 30, parcel 118, as shown on Land Court Plan 8751 -H, Lot 1. The property is zoned R -1. C Robert J. Lei ter, Chairman BoA Form 1 -89 NANTUCKET 20NING BOARD OF APPEALS July 24, 1991 TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 /1C 3c CASE No ( Z> - 91 APPLICATION FOR RELIEF Owner's name(s): Peter M Bernon Mailing address: c/o Reade & Alger Professional Corporation, 6 Young's way, Post Office Box 2669, Nantucket, Massachusetts 02584 Applicant's name: Mailing address: c/o Reade & Alger Professional Corporation, 6 Young's Way, _Post Office Box 2669, Nantucket, Massachusetts 02584 Location of lot: Assessor's map and parcel number In - jig Street address: 17 Lincoln Avenue, Nantucket Registry Land Ct Plan, 8751 -H Lot —1 Certificate 14,713 Date lot acquired: 12/28„/-OL ef _,_ Zoning district R -1 Uses on lot - commercial: None or MCD ?No existing - number of: dwellings 1 duplex 0 apartments 0 rental rooms -0 Building date(s): all pre - 8/72? yes or C of 0 ?yes Building Permit appl'n. Nos. 346-76: 7482 -90 Case Nos. all BoA applications, lawsuits: 035 -88 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 -32AI� if Variance, 139 -30A if a Special Permit (and 139 -33A x if to alter or extend a nonconforming use). If appeal per 139 -31A 1;-B No , attach decision or order appealed. OK to attach addendum . Applicant proposes to change and alter the single - family dwelling now existing upon the premises, which dwelling preexists the enactment of the Nantucket Zoning By -law in 1972 and which dwelling is non- conformitim as to front and side yard setbacks, by demolishing it and replacing it with a similar, yet smaller single - family dwelling, which new dwelling will maintain, but not increase, the existing front and side yard setback non - conformities. In connection with such alteration, Applicant seeks a finding finder Section 139 -33A that such change and alteration is not substantially more detrimental to the neighborhood than the existing non - conforming structure. In the alterative, Applicant seeks a special permit under Section 139 -33A. Items enclosed as part of this Application: orderl No addendum2tjo Locus map x Site plan x showing present x +planned x structures Floor plans present proposed, elevations x (HDC approved ?yam Listings lot area x11117rontage x setbacks x GCR x parking data x Assessor- certifieT—addressee 17st 4 sets x majling labels 2 sets x 5200 fee payable to Town of Nantucket. proof 'cap' covenant_ 1(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 er ur SIGNATURE: Applicant Attorney /agent X 3(If not �wner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE �/ Application copies rec � d: 4 ✓ orfor BoA on_? �� by`" One copy filed with Town Clerk on� by comppleejte ?��L� One copy each to Planning Bd and Building Dept- _/Ulfzy - lL-- $200 fee check given Town Treasurer on_ ZA/� by waiveed ?- Hearing notice posted J.Z mailed W & M� Hearing(s) on _/__/_ cont'd tom,_/_,, withdrawn ?_—/_—/_ Decision due by__/__/_ made _/_ filed TC__/_/_ mailed__/___/_ See related cases lawsuits other