The URL can be used to link to this page

Home My WebLink About078-91TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: January A? , 19 92 To: Parties in Inter?st and.Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: Owner /Applicant: 078 -91 GEORGE LEVY AND KIM DENT -LEVY Enclosed is the Decision of the BOARD OF APPEALS vhich 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 40A, \ assac'h setts General Laws. ?-y action appealing t_:e necis_0n ...ast -euc:. b1• 1 - lily (7_1 com. F..' - .- -.. r -.? 1. ...- .. 1t 'tJ .. - - this day's date. Notice of the action kith a copy of th, o t" Decisyo n ^ust e .i ve c o�': .- J_...i r. . �n�a Cer .. �.i ��.~,i l_3w'y �Ji ie ✓ inda F. Williams, C 3i-man - Acting cc: To;,,n Clerk Planning Board Building Commissioner ZONING BOARD OF APPEALS South Beach Street Nantucket, Massachusetts 02554 Map 0063 26 Sheep Pond Road Parcel 033 L.C. Plan 35782 -B LUG -2 At a Public Hearing of the Board cf Appeals held at 1:00 p.m., Friday, December 13, 1991 and continued to the meeting held at 1:00 p.m., Friday, January 10, 1992, in the Town and County Building, Broad Street, Nantucket, Massachusetts on the Application of George Levy and Kim Dent -Levy, Board of Appeals File No. 078 -91, with an address of 2175 Eastman Boulevard, W. Bloomfield, MI 48323. The Board made the following DECISION: 1) Applicants are seeking relief by Special Permit under Section 139 -33A of the Zoning By -Law to alter or extend a building, non - conforming as to front yard setback, on a lot non - conforming as to area and frontage. The existing structure is 24+ feet from the front lot line; a 35 -foot front yard setback is required in the district. The lot has 39,445+ square feet and 130± of frontage; 80,000 square feet and 150 feet of frontage are required in the district. The proposed addition would be 20+ feet from the front lot line. In the alternative, Applicants request a finding that their lot is exempt from the front yard setback requirement of the Zoning By -Law under the provisions of Massachusetts General Laws Chapter 40A, Section 6 or if the Board finds that variance relief is required, applicants request relief by Variance under Section 139 -32A from the requirements of Section 139 -16A (Intensity Regulations - Front Yard Setback) to permit the addition as proposed. The premises are located at 26 Sheep Pond Road, Assessor's Map 63, Parcel 33, as shown on Land Court Plan 35,782 -B. The property is zoned LUG -2. 2) The Board's decision is based upon the Application and materials submitted therewith, the testimony and the evidence presented at the hearing. -1- 3) At present, there is a one -story dwelling on this pre- existing non - conforming lot. The existing dwelling was built shortly after the enactment of Zoning and has an encroaching deck that is 24.1 feet from the lot line rather than the required 35 feet. However, Massachusetts General La% -,s Chapter 40A, Section 7 gives this encroaching deck protection from enforcement by the local Building commissioner since it was built under a velid Building Permit and has been in existence for more than ten (10) years. 4) Applicant is desirous of adding to the existing structure and submitted several plans to the Board for review and discussion. The plan that applicants favor and asked tie Board to approve would have the new deck at the same 24.1 foot setback which is the same as the existing deck and the new addition would have a thirty -one (31) foot setback which would not create more of a non - conformity. 5) Applicant's counsel represented that in light of a ruling by Judge Sullivan of the Land Court in the case of McKenzie v Zoning Board of the Town of Wayland, Land Court, Misc. 131524 (1990), the relief being sought is appropriate by Special Permit and within the discretion of the Board based on the standard of whether this extension would be substantially more detrimental to the neighborhood. Judge Sullivan stated in pertinent part "The same policy, however, that permits certain extensions to non - conforming single family homes should allow improvements to buildings which have been made inviolate by Section 7." Judge Sullivan ruled in the McKenzie case "Plaintiff may repair, alter and reconstruct the existing buildings, but that this must be done within the present footprint. If he wishes to make changes to the footprint, any such extension or alteration will require a finding by the Special Permit granting authority that such change, extension, or alteration is not substantially more detrimental than the existing non - conforming structure or use to the neighborhood." 6) There was no opposition to the relief sought. 7) The Board finds that the proposed addition will not be substantially more detrimental to the neighborhood and that granting the requested relief would be in harmony with the neighborhood and the intent of the By -Law. -2- 8) By unanimous vote (Williams, Balas, Waine, Mitchell and O'Mara), the Board grants the Special Permit relief sought under Section 139 -30A to allow construction of an addition to the existing structure substantially as shown on Exhibit "A" attached. // A � --/, /I /?1 Date: 1gelper -, .. �� a - Kate Mitthe1 Mic -25-92 12J�- -3- U_�� O'Mara 7, 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, December 13, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: GEORGE LEVY and KIM DENT -LEVY Board of Appeals File No. 078-91 Applicants are seeking relief by Special Permit under §139 - 33A of the Zoning Bylaw to alter or extend a building, nonconforming as to front yard setback, on a lot nonconforming as to area and frontage. The existing structure is 24± feet from the front lot line; a 35 foot front yard setback is required in the district. The lot has 39,445± S.F. and 130± of frontage; 80,000 S.F. and 150 feet of frontage are required in the district. The proposed addition would be 20± feet from the front lot line. In the alternative, Applicants request a finding that their lot is exempt from the front yard setback requirement of the Zoning Bylaw under the provisions of M.G.L. Chapter 40A, §6. In the alternative, Applicants request relief by Variance under §139 -32A from the requirements of §139 -16A (Intensity Regulations - Front Yard Setback) to permit the addition as proposed. The premises are located at 26 SHEEP POND ROAD, Assessor's Map 63, parcel 33, as shown on Land Court Plan 35,782 -B. The property is zoned LUG -2. c Robert J. L i hter, Chairman BOA Form 1 -89 NANTUCKET ZONING DOARD OF APPEALS TOWN AND COUNTY BUILDING Date • S':?tiiTUCl:E'1', 1d124 02559 CASE NOaZ -� APPLIChTION FOR RELIEF Owner's name(s): George Levy, Kim Dent -Levy Mailing address: 2175 Eastman Boulevard, W. Bloomfield. MI 48323 Applicant's name: (a.nninn A_ Platt, A I A 1 Mailing address: So-pr Platt c/o Prince Acquisition, 149 Mercer Street New York, New York 10012 Location of lot: Assessor's map and parcel number L�3_ -33 Street address: 26 Sheespond Road Registry Land Ct Plan, 35,872B Lot Date lot acquired: �3�91 Decd Ref �,atiQ Toning district T.r,• - --? Uses on lot - commercial: None or MCD? - number of: dwelling:, duplex_ apartments_ rental rooms_ Building date(s): all pre -8/72? or Building Permit appl'n. Nos. Case Nos. all BOA applications, lawsuits: C of 0 ?_ State fully all zoning relief - ,ougl'.: and respective Code sections and subsections, speClfically what you propose com;)ared to present and what grounds you urge for BOA to make each fining per Section 139 -32A if Variance_, 139 -30A y if a Special Permit (and 139 -33A B if to "O alter or extend a noncon rwing use) . If ap)pf_al. per 139 -31A _ , attach decision or order appealed. OK to attach addendum . SEE ADDENDUM ATTACHED Items enclosed as part of this Application: orderl addendum'! Locus map_ Site plan_ showing present (planned structures Floor plans present proposed cl.evatins __ (IIDC approved ?`) Listings lot area frontage setbacks G �.Z parking data Asses sor- certifiecaddressee Mist 4 sets —ma.; i g labels 2 sets _ 200 fee payable to Town of Nantucket_ -'call' covenint- (If 'an appeal, ask Town Clerk to sera! Bldg Comz's record to BOA.) I certify that the requested information submitted is substantially complete aAncNtrue to the best- of my knowledge, under the pains and penalties of erjur '. SIGNATURE. Applicant "! Attorney /agent 3(If not owner or owner's :attoriiey,- enolose proof of authority) FOR BOA OFFICE USE Application copies recd: 4 ✓ or for BOA on_&Jof by One copy filed with Town Clerk on� /� by complete? complete? ci One copy each -to Planning I3d and Building Dept &/? bycx-<--� $200 fee check given Town Treasurer o/n/ by waived ?_ Hearing notice postedi&rnailed l(i��I & MIZI-Dyl, J,�- ,q-{f iiearing(s)'on_/__/_ cont'd to_/� ��_ withdrawn ?__/_/_ Decision due bye_/_ made_/_J_ filed SPEAR PLATT ARCHITECTS Via Federal Express November 15,1991 Spencer M. Cowan, Jr. Zoning Board Administrator Zoning Board of Appeals Town and County Building South Beach Street Nantucket, MA 02554 RE: Levy House Addition 26 Sheep Pond Road Nantucket, MA Zoning LUG -2, Map 63, Parcel 33 Dear Mr. Cowan, Enclosed please find application material for the board meeting of November 19th, 1991. I have tried to reach you at the various numbers concerning the 'assessor - certified addressee list 4 sets' required for the application. Please call or fax me upon receipt so that I can prepare the information needed and Federal Express to you for the Tuesday meeting. If there are any problems with the application, please let me immediately. I have applied to the Historic District Commission, but for technical reasons they cannot make a decision until next week. I will try to have Patricia Butler prepare a letter to that effect. Please prepare any other information required (i.e. locus map). I appreciate your help. Thank you. erely, Campion A. Platt, A.I.A. 149 Mercer Street, New York, New York 10012 Phone: (212) 226 -5656 Fax: (212) 226 -8224 SPEAR PLATT ARCHITECTS November 1, 1991 Zoning Board Administrator Zoning Board of Appeals Town and County Building South Beach Street Nantucket, MA 02554 RE: Levy House Addition 26 Sheep Pond Road Nantucket, MA Zoning LUG -2, Map 63, Parcel 33 Dear Members of the Board, As architect for Mr. George D. Levy, I have been commissioned to design an addition to their existing house and a detached painting studio on Sheep Pond Road in Madaget. I have endeavored to be most sensitive to the existing house as well as the surrounding houses in the area. In designing the addition I have focused on the simple aspects of the indigenous architecture, the most simple being that of shape, form and typical details. I understand that the proposed addition encroaches on the front yard setback and I am therefore seeking relief through a Special Permit granted by the Zoning Board of Appeals for the small portion of the nonconforming structure. DESCRIPTION OF IMPROVEMENTS: The current structure (905sf or 2.3 % + / -) sits behind the 35ft setback requirement, however the existing deck encroaches on the front setback putting it 24.1ft from Sheep Pond Road. The proposed addition (462sf or 1.2 % + / -) to the existing structure will only encroach approximately 4ft into the 35ft setback and will be well within the 15ft side - yard setback. The addition encroaches because of the need to maintain the simple "salt box" shape of the house, typical of other houses in the area. The continuity of shape and form is achieved by continuing the wall of the front of the house and the roof line and pitch of the existing roof (see attached elevations and plan). The trim detail and materials of the addition will match that of the existing, and the overall height will be 23' -6 ", below the maximum dictated by the Historic District Commission. The existing deck will remain intact if possible, however due to poor construction, age and weather, it may have to be replaced. I respectfully request the Zoning Board grant a Special Permit for the minor encroachment to the front yard setback in order to maintain the integrity of the existing structure. Thank you. Res ctfully submitte , Campion A. Platt, A.I.A. Enclosures Site Plan, Elevations and application material 149 Mercer Street, New York, New York 10012 Phone: (212) 226 -5656 Fax: (212) 226 -8224