Loading...
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