HomeMy WebLinkAbout057-91TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: September a7 , 1991
To: Parties in Interest and.Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: 057 -91
Owner /Applicant: RICHARD M. AND TRISA J. PRESTON
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 ChaDter '!OA, `,assachusetts General Laws.
T_ ^y =Cti on appealing :i:e Decision must be ^.'_ "OUC = :t ^�'
F ith_n T�t't = _"l' TY � -t
er fili,g an compla -__t _n court M
this day's Cato. i-otice of the action with a copy of the
co^p'_ai t and certified cozy of t'r.e Decision -ust oe -a iyen
Clerk. �
=+-o a-, ,-, n so as to receive /it.-. i n s:ich
(2-O) days. � / Y7
1 dbert J,, Le jchter,, Cha il-man
cc: Torn Clerk
Planning Board
Building Commissioner
a`
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02554
MAP - 14 -0 -0
PARCEL - 39
LUG -3
DECISION:
10 VILLAGE WAY
14,045
The BOARD OF APPEALS, at a PUBLIC HEARING held Friday,
September 13, 1991 at 1:00 p.m. at the Town and County Building,
Nantucket, Massachusetts made the following DECISION on
application of RICHARD M. and TRISA J. PRESTON (057 -91) with an
address of 10864 Wolfe Hill Lane, Great Falls, Virginia 22066.
1. The applicants are appealing from a decision of the
Building Commissioner and seek a reversal of his decision
denying them a building permit under Section 139- 31.A., or, in
the alternative, seek special permit relief pursuant to Section
139 -33A to alter and extend a pre- existing, non - conforming
structure by constructing an addition in the place of the
current garage which would bring the 1,076+ square feet of
existing ground cover to a total of 1,472± square feet. The
premises are located at 10 VILLAGE WAY, Assessor's Map and
Parcel 14 -39, and are shown as lot 2A on Land Court Plan 16220 -B
and lot 2F on Land Court Plan 16220 -G. The area is zoned
LIMITED USE GENERAL -3 (LUG -3).
2. Our findings are based on the application papers, a
plot plan showing the existing structure and garage, a plot plan
of the proposed addition, testimony and representations received
at our hearing.
3. Letters of support were received from Arnold R. Small,
the owner of property located at 7 and 11 Village Way and c
Charles E. and Aline A. LeMaitre, the owners of property located
at 12 Village Way. A telephone call of support was received
from Robert M. Huggins, owner of property located at 41 and 43
Pocomo Road.
4. Applicants argued that the denial of the building
permit by the Building Commissioner should be overturned based
on the fact that Section 139- 33.A., Paragraph 8 allows them to
extend their existing single family residential structure as a
matter of right. Paragraph 8 states:
"Any otherwise- permitted alteration,
reconstruction, extension or structural
change of a single -or two - family residential
building on a lot non - conforming as to lot
area or of another building for accessory use
on the same lot, shall be governed by the
maximum ground cover limitations set forth in
section 139- 33E(5) below."
i +
(057 -91) - 2 -
It is clear that the reference to Section 33.E.(5) is a
scrivenor's error and should correctly reference 33.E.(3) as it
is the only paragraph in 33.E. which governs ground cover. This
error was brought to our attention by both the applicant and
Spencer Cowan, Zoning Board Administrator, and we have
accordingly relied on the correct reference. The ground cover
limitation set forth in Section 139- 33E(3) states:
". . . the maximum ground cover upon said lot
shall be:. . . . (b) In the case of a lot
containing at least five thousand (5,000)
square feet, the greater of fifteen - hundred
(1,500) square feet of ground cover or the
amount determined in accordance with the
maximum ground cover ratio requirement for
the zoning district in which the lot is
situated in effect at the time of
construction on the lot is begun whichever is
greater;"
5. The lot located at 10 Village Way with 8,002 square
feet of area is pre- existing and non - conforming in the LUG -3
zone where 120,000 square feet is required. The proposed
addition to the Applicants' existing structure only increases
ground cover and does not alter the existing non - conformities
with regard to front and side yard setbacks. Therefore,
requirements of Paragraph 8 of Section 139 -33.A. are met and we
are referred to Section 139 -33.E. to determine the applicable
ground cover. As the lot is over 5,000 square feet under
Section 139- 33.E.(3)(b), Applicants are allowed to extend their
existing structure to either 1,500 square feet of ground cover
or the allowable ground cover rate of the zone whichever is
greater. Three (3 %) percent ground cover in the LUG -3 zone
would only provide 240± square feet of allowable ground cover.
The proposed addition brings the total ground cover to 1,472±
square feet which falls within the greater allowable ground
cover of 1500 square feet.
6. Accordingly, by a FOUR -TO -ONE vote (Balas dissenting),
this Board reverses the decision of the Building Commissioner,
denying the issuance of a Building Permit and finds that under
Paragraph 8 of Section 139- 33.A., the Applicants may build up to
1,500 square feet of ground cover on their lot which is
non - conforming as to lot area as a matter of right. Applicants
withdrew, without prejudice, their pp ication fq�r a special
permit. /l
3g,t, Vzala- 22i r59/
rt (J . /Leichter
(057 -91) - 3
�L/ r
Linda F. Williams
Dale Waine
An �y
Ann G. Balas
Kate Mitchell
RCH #1 /pgm /Decision /%L� ✓� �1 117
/ "-"tz 0�7. 1 & ^�
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, September 13, 1991, in the Town and County
Building, Broad Street, Nantucket, Massachusetts, on the
Application of:
RICHARD M. and TRISA J. PRESTON
Board of Appeals File No. 057 -91
Applicants are appealing from a Decision of the Building
Commissioner and are seeking a reversal of the Decision denying
them a Building Permit under §139 -31A, or, in the alternative, a
Special Permit under §139 -33A to alter or extend a structure said
to be pre- existing and nonconforming as to lot area, frontage,
ground cover, front setback, and side /rear setback. The
Applicants want to construct a 396± S.F. addition to an existing
building which has 1,076± S.F. of ground cover. The proposed
addition will not further encroach on any setback, and will
increase the already nonconforming ground cover ratio from 13 %±
to 18 % ±.
The premises are located at 10 VILLAGE WAY, Assessor's Map
14, parcel 39, as shown on Land Court Plan 16,220 -B, as Lot 2 -A,
and Land Court Plan 16,220 -G, as Lot 2 -F. The property is zoned
LUG -3.
Robert J. W c ter, Chairman
BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS A44 12 %/l
TOWN AND COUNTY BUILDING I I#ate'
NANTUCKET, MA 02554 CASE No.DSq--U
G(
APPLICATION FOR RELIEF
Owner's name(s): Richard M. and Trisa J. Preston
Mailing address: 10864 Wolfe Hill Lane, Great Falls, Virginia 22066
Applicant's name: Richard M. and Trisa J. Preston
Mailing address: 10864 Wolfe Hill Lane, Great Falls, Virginia 22066
Location of lot: Assessor's map and parcel number 14 - 39
Street address: 10 Village Way
16220 -B 2 -A
Registry Land Ct Plan, 16220 -G Lot 2 -F
Cert. of T't?_
Date lot acquired: � 16 89 5& f� ,045 ZoniUg district LUG - 3
Uses on lot - commercial: None x or MCD?
- number of: dwellings 1 duplex
Building date(s): all pre -8/72? x or
apartments rental rooms
C of 0?
Building Permit appl'n. NOS. 6132 - 88 to add windows /doors (card signed - off)
Case Nos. all BoA applications, lawsuits:
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
& B _ , attach decision or order appealed. OK to attach addendum .
See Addendum attached hereto.
I
4
Items enclosed as part of this Application: orderl addendum2 X
Locus map x Site plan x showing present x +planned x "structures
Floor plans present proposed elevations (HDC approved ?_)
Listings lot area X frontage X setbacks X GCRX parking data
Assessor- certifie�ddressee Iist 4 sets mal.ling � labels 2 sets_
200 fee payable to Town of Nantucket proof '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 the best of my knowledge, under the pains and
penalties of p jury. r
SIGNATURE: 1 Applicant Attorney /agent X
42 WnA
ADDENDUM
The applicants, pursuant to Nantucket Zoning Code Section
139 -31A and 31B appeal the denial of a building permit by the
Building Inspector based on the fact that the proposed addition
to the pre- existing nonconforming structure does not increase
the nonconforming nature of said structure and therefore is
permitted as of right under Section 139 -33A. (A copy of the
Building Department denial is attached hereto as Exhibit A).
In the alternative, applicants seek a special permit pursuant to
Section 139 -33A to alter and extend a pre- existing nonconforming
structure by constructing an addition.
The pre- existing nonconforming structure at 10 Village Way was
constructed in the 19401s. The lot is 8002 square feet in a
LUG -3 zone with 87.81 feet of frontage on Village Way. The
ground cover of the existing dwelling and garage totals 1076.3
square feet as shown on plan attached hereto as Exhibit B.
Existing setbacks are also shown on this plan. Applicants
propose to construct an addition in the current location of the
garage which would add 395.5 square feet to their ground cover.
The proposed addition is shown as Exhibit C.
At the time applicants purchased the property in 1989, the
zoning code provided inter alia that previously built structures
on pre- existing undersized lots could be extended provided the
structure did not cover more than the greater of 1500 square
feet of the lot or the ground cover ratio of the district in
which the lot is located. Applicants proceeded to plan their
addition with this in mind. However, the November 1990 rewrite
of the By -law eliminated this provision leaving the applicants
in a peculiar bind. If they were to tear down the existing
house, they could pursuant to Section 139 -33(E) construct a new
dwelling of 1500 square feet. However, since a small structure
currently exists on their protected, buildable lot, they are
suddenly precluded from increasing their ground cover as a
matter of right. This is an absurd legal result.
Given that many lots in the area are pre- existing, undersized
and have structures, I feel that allowing the applicants to
build up to 1500 square feet will not be substantially more
detrimental to the neighborhood. Rather it would establish a
necessary and equitable precedent for these homeowner's in
situations similar to the applicants that were disregarded by
zoning By -law rewrite.
RCH /bjgRlPreston3
Exhibit A
BUILDING DEPARTMENT
TOWN BUILDING ANNEX
10 SOUTH BEACH STREET
NANTUCKET, MASSACHUSETTS 02554
Ronald J. Santos
Telephone 508- 228 -7222 Building Commissioner
Tele Fax 508- 228 -7249
Richard & Trisa Preston
10 Village Way
Nantucket Mass.
02554
July 15,1991
Mr. & Mrs. Preston;
Your application for a building permit has been reviewed and
for the following reasons DENIED.The addition does not meet Section
139 -33E Nantucket Zoning Code and Section 139- 26C(2)(a).Please be
advised that you may appeal this decision to the Zoning Board of
Appeals under Section 139- 31A(1).
Yours Truly
Rona 0J. Santos
Building Commissioner
Town of Nantucket
cc;Milton Rowland
VAUGHAN, DALE AND PHELBBicK
ATTORNEYS AT LAW
EDWARD FOLEY VAUGHAN P.O. BOX 659
KEVIN F. DALE WHALER'S LANE
MnissA D. PHrLBRicK NANTUCKET, MASS 02554
RACHEL G HOBART TEL: (508) 228-4455
SusAN JONES TONER FAX: (508) 228.3070
August 12, 1991
Ms. Joanne Holdgate
Town Clerk
Town and County Building
Broad Street
Nantucket, Massachusetts 02554
RE: 10 Village Way, Nantucket
Dear Joanne:
Enclosed is an application appealing the denial of a Building
Permit and in alternative seeking a special permit for the
above - referenced property.
Thank you for your attention to this matter.
Enclosure
RCH /bjgRlPreston5
Sincerely,
Rachel C. Hobart
wedifl/l0 &e. xx 1,4-O/
BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS W/
TOWN AND COUNTY BUILDING to
NANTUCKET, MA 02554
owner's name(s):
Mailing address:
CASE No. -
APPLICATION FOR RELIEF
Richard M. and Trisa J. Preston
10864 Wolfe Hill Lane, Great Falls, Virginia 22066
Applicant's name: Richard M. and Trisa J. Preston
Mailing address: 10864 Wolfe Hill Lane Great Falls Virginia 22066
Location of lot: Assessor's map and parcel number 14 - 39
Street address: 10 Village Way
16220 -B 2 -A
Registry Land Ct Plan, 16220 -G Lot 2 -F
Cert. of Title
Date lot acquired:
_L6j 89 -R-e -f 14,045 Zonipg district LUG - 3
Uses on lot - commercial: None x or
MCD?
- number of: dwellings 1 duplex apartments rental rooms
Building date(s): all pre -8/72? x or C of 0?
Building Permit appl'n. Nos. 6132 - 88 to add windows /doors (card signed - off)
Case Nos. all BoA applications, lawsuits:
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 -331
if to alter or extend a nonconforming use). If appeal per 139 -31A
& B _ , attach decision or order appealed. OK to attach addendum 4.
' See Addendum attached hereto.
Items enclosed as part of this Application: orderl addendum2 X
Locus map x Site plan x showing present x +planned x 'structures
Floor plans present proposed elevations (IfDC approved ?_)
Listings lot area x frontage x setbacks x GCR X parking data
Assessor - certified addressee 1st 4 sets mall ni g labels 2 sets_
200 fee payable to Town of Nantucket proof 'cap' covenant
(If an appeal, ask Town Clerk to senldg 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 rjury. r
SIGNATURE: Applicant Attorney /agent X
3(If not owner or owner's attorney, enclose proof of authority)
A4, ,—V V d, ,d / 41 1,1,/
ADDENDUM
The applicants, pursuant to Nantucket Zoning Code Section
139 -31A and 31B appeal the denial of a building permit by the
Building Inspector based on the fact that the proposed addition
to the pre- existing nonconforming structure does not increase
the nonconforming nature of said structure and therefore is
permitted as of right under Section 139 -33A. (A copy of the
Building Department denial is attached hereto as Exhibit A).
In the alternative, applicants seek a special permit pursuant to
Section 139 -33A to alter and extend a pre- existing nonconforming
structure by constructing an addition.
The pre- existing nonconforming structure at 10 Village Way was
constructed in the 19401s. The lot is 8002 square feet in a
LUG -3 zone with 87.81 feet of frontage on Village Way. The
ground cover of the existing dwelling and garage totals 1076.3
square feet as shown on plan attached hereto as Exhibit B.
Existing setbacks are also shown on this plan. Applicants
propose to construct an addition in the current location of the
garage which would add 395.5 square feet to their ground cover.
The proposed addition is shown as Exhibit C.
At the time applicants purchased the property in 1989, the
zoning code provided inter alia that previously built structures
on pre- existing undersized lots could be extended provided the
structure did not cover more than the greater of 1500 square
feet of the lot or the ground cover ratio of the district in
which the lot is located. Applicants proceeded to plan their
addition with this in mind. However, the November 1990 rewrite
of the By -law eliminated this provision leaving the applicants
in a peculiar bind. If they were to tear down the existing
house, they could pursuant to Section 139 -33(E) construct a new
dwelling of 1500 square feet. However, since a small structure
currently exists on their protected, buildable lot, they are
suddenly precluded from increasing their ground cover as a
matter of right. This is an absurd legal result.
Given that many lots in the area are pre- existing, undersized
and have structures, I feel that allowing the applicants to
build up to 1500 square feet will not be substantially more
detrimental to the neighborhood. Rather it would establish a
necessary and equitable precedent for these homeowner's in
situations similar to the applicants that were disregarded by
zoning By -law rewrite.
RCH /bjgRlPreston3