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HomeMy WebLinkAbout011-94TOWN OF NANTUCKET 0 //- T BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: March 17 , 1994 To: Parties in Interest and.Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 011 -94 Owner /Applicant: TERRENCE H. LAUNDRY 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 an complaint in court within TWENTY (20) days after this day's date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. Dale W. Waine Chairman cc: Town Clerk Planning Board Building Commissioner TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Assessor's Map 42.3.4 3 Thurston's Court Parcel 144.1 L.C. Plan 24627 -B Residential Old Historic Lot 2 At a Public Hearing of the Nantucket Board of Appeals, held at 1:00 P.M., Friday, February 11, 1994, and continued to 1:00 P.M., Friday, March 11, 1994, in the Selectmen's Meeting Room, in the Town and County Building, Broad Street, Nantucket, MA, on the Application of TERRENCE. H. LAUNDRY OF 3 Thurston's Court, Nantucket, MA 02554, Board of Appeals File No. 011 -94, the Board made the following Decision: 1. Applicant seeks a Special Permit under Nantucket Zoning By -Law §139 -33A in order to allow the demolition of a said to be pre- existing, non - conforming garage structure and to allow construction of a new structure on a larger footprint which wold then be connected to the principal dwelling with construction of an addition. The garage is said to be in violation of the side yard setback requirement of 5 feet, being sited 1+ feet from the westerly lot line. The new structure will come no closer to the lot line than the existing garage and the new addition will be sited 316" from the same lot line. Living space (guest room and bath) is proposed for the new structure and the connecting addition will contain a sun room. The current ground cover is 1820+ SF and the new ground cover will be 2100+ SF with a maximum allowable in this district of 2500 SF. See BOA File No. 070 -86. The premises are located at 3 THURSTON'S COURT, Assessor's Map 42.3.4, Parcel 144.1, as shown on Land Court Plan 24627 -B, Lot 2. The property is zoned Residential Old Historic. 2. The Decision is based uoon the Application and materials submitted with it, the testimony and evidence presented at the hearing, one letter of concern that represented several abutters, one letter from the Historic District Commission and no recommendation from the Planning Board. The concerns expressed by the letter from abutters were initially predicated on the fact that many of them were not able to get to Nantucket to view the site and proposed plans in detail due primarily to adverse weather conditions. They expressed concern about the density and intensity of the proposed plan in a tightly congested area with the possible loss of privacy and light the outcome. The letter from the HDC staff Administrator stated that the staff had reviewed the "sketch" plans and found them "generally appropriate" but definitive action needed to be taken by the Commission itself. A few abutters were also present at the two hearings representing differing viewpoints. 3. The premises are also benefited by a Variance , Board of Appeals File No. 070 -86, which validated the siting of the primary single family structure, to which the proposed new additions will be attached, as it had been constructed with a 4.75+ rear yard setback in a district that required a five (5) foot rear yard setback. 4. Applicant's representative stated that the proposed project would entail the demolition of an existing pre- existing, non - conforming garage structure that is currently sited 1+ foot from the westerly side yard lot line and 1+ foot from the lot line that runs along Thurston's Court. It would be replaced with a structure that as originally proposed would encompass the original footprint plus additional square footage and contain an office for professional use on the first floor and a guest bedroom and bathroom on the second floor with a maximum ridge height of 20 feet, thus maintaining the non - conforming setbacks. This new structure will be attached to the principal dwelling unit by a new structure, a sunroom, that will be constructed over the current patio and, as originally proposed, by sited 316" from the westerly side yard setback line, within the required 5 foot setback area. This structure is proposed to be a one story addition. The lot further appears to be in violation of the frontage requirements but that is not the subject of this Application. Applicant's representative further stated that under this original proposal they would be under the 2500 SF of maximum ground cover allowed, having a total ground cover of 2100 SF. These figures were based upon a plan that indicated that the lot contained 5,000 SF of area. If the lot did not contain the minimum lot area for the district they would only be entitled to a 30% maximum ground cover ratio or 1500 SF. 5. Board members expressed concern about the siting of the new additions and asked that an effort be made before the next hearing to move the new structures out of the setbacks and asked that a certified plot plan be produce showing current ground cover square footage, based on the new interpretations, and showing proposed total ground cover figures with the new additions. What had been presented was a sketched in plot plan, drawn on a 1981 subdivision Plan that did not indicate current or proposed ground cover ratios. There were also no HDC approved architectural renderings submitted at that time. Several abutters also requested a continuance so that they may take a viewing and talk to the Applicant. Board members voted to continue the hearing to 1:00 P.M., Friday, March 11, 1994 in order for the representative to submit new plans and for all concerned to have time to take a viewing of the site. 6. At the hearing on March 21, 1994, Applicant's representative, did not present a new certified plot plan nor a sketch plan indicating the proposed new siting of the additions. She further stated that the ground cover figures that had been submitted with the Application were incorrect and presented new figures not based upon a certified plan, i.e., current ground cover was not 1820 SF, but 1914 SF, and proposed total ground cover would be 2202 SF and not 2100 SF as noticed to the public. The representative offered no explanation as to how the figures, either before the additions or after the additions, were arrived at. She proposed a new plan that would allow the demolition of the current garage structure and reconstruction of a new office /bedroom /bathroom structure on the exact same footprint at the old structure and have a footprint of 19' x 191, with the addition of a 16 SF bay window unit, maintaining the non - conforming setbacks. The new sunroom addition would be 272 square feet and be sited outside the 5 foot required side line setback, unlike the original plan that sited the sunroom 316" from that lot line. A set of architectural renderings were submitted at that time but were not approved as yet by the HDC. 7. Abutters were present at the March 11, 1994 meeting to speak in opposition, feeling that the plans were too vague and would exacerbate an already crowded situation with decreased privacy resulting from more massing and more windows so close to a lot line. The Board members also expressed concern that the structure would be reconstructed within the setbacks and questioned why since it was being demolished, it could not be moved out of the setbacks. Applicant's representative stated that due to the lack of usable space for such an addition as well as the cramped parking situation, moving the office /bedroom /bathroom structure out of the setbacks would not be possible. 8. Accordingly, the Board, by a vote of four (4) in favor (Waine, Balas, Hourihan and Anglelastro) and one (1) abstaining (Williams) on the grounds that no new certified plot plan had been submitted showing correct ground cover figures and siting of the additions and lot size calculations, as well as no new elevations that show the changes in the garage structure size from the original proposal, GRANTS Special Permit relief under §139 -33A to alter the garage structure, not demolish it, and to reconstruct a structure that will contain a professional office on the first floor and a guest bedroom and bathroom with no kitchen facilities, on the second floor, having a dimension of 19' x 19' with a 16 SF bay window additio, maintaining the current non - conforming setbacks; and to add a sunroom, that will have a ground cover of 272 SF, subject to the following conditions: A. The current non - conforming setbacks of the garage structure shall be maintained and the alterations to the structure shall not necessitate encroaching any Further into said setbacks; B. The sunroom addition shall be sited out side the 5 (five) foot side yard setback requirement.; C. The sunroom addition shall be one story in height with no living space above; D. The maximum ridge height of the professional office /bedroom /bathroom structure shall be 20 feet; E. There shall be no demolition of the garage structure; and F. The maximum total ground cover allowed under this permit (011 -94) SID is 2202 SF based upon the figures presented at the hearing and based on the fact that Applicant's representative has stated for the record that the lot meets the 5000 SF minimum lot size for the district and thus is entitled to a 50/ ground cover ratio. Dated: /Vil..a� / 7/ l L 14 FiECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 MAR 17 1994 TIME: 3 `15 ki CLERK: - - -- � -_ _ - - - - - -- fzL ( --I- Dale W- Waine AM-6a&,, A7/ alas ichael Angelastro William Hourihan Linda F. Williams TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the Nantucket Board of Appeals will be held at 1:00 P.M., FRIDAY, FEBRUARY il, 1994, in the Selectmen's Meeting Room, Town and County Building, Broad Street, Nantucket, on the Application of: TERRENCE H. LAUNDRY Board of Appeals File No. 011 -94 Applicant seeks a SPECIAL PERMIT under Nantucket Zoning By -Law §139 -33A in order to allow the demolition of a said to be pre- existing, non - conforming garage structure and to allow construction of a new structure on a larger footprint which would then be connected to the principal dwelling with construction of an addition. The garage is said to be in violation of the side yard setback requirement of 5 feet, being sited 1+ feet from the westerly lot line. The new structure will come no closer to the lot line than the existing garage and the new addition will be sited 316" from the same lot line. Living space (guest room and bath) is proposed for the new structure and the connecting addition will contain a sun room. The current ground cover is 1820± S.F. and the new ground cover will be 2100+ S.F. with a maximum allowable in this district of 2500 S.F. See BOA File No. 070 -86. The premises are located at 3 THURSTON'S COURT, Assessor's Map 42.3.4, Parcel 144.1, as shown on Land Court Plan 24627 -B, lot 2. The property is zoned Residential Old Historic. I qc�m zo Dale W. Waine, irman 'BoA Form 1 -89 Owner's name(s): Mailing address: Applicant's name: NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 APPLICATION FOR RELIEF Dat .�.{� /y ot CASE No. Lf Mailing address: .5 L-11LJ "4 Location of lot: Assessor's map and parcel number Street address: U/ul�wf �� iz LL`s Registry Land Ct Plan, Plan Bk & Pg or Plan File 2d loZ7'1'� Lot_ Date lot acquired: L�j'O _SL Deed Ref _,_ Zoning district i�iDL�( I Uses on lot - commercial :' None _ or -�-,1 �E►,lTi A L - - number of: dwellings / duplex o apartments � rental rooms, Building date(s): all pre -8/72? _ or C of 0 A5 Building Permit appl'n. Nos. 31q8D-_ Case Nos all BoA applications, lawsuits: 0 6 4(9 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 1 9 -33A if to alter or extend a nonconforming use). If appeal per 139 -3 & B _ , attach decision or order appealed. OK to attach addendum . 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YAP IS 115W,5P . tiEW GG �S Z8D = MAi444(., A T -0TAL GG OP C I D 0 IN h Lo -rPA i IlA5 A MAGI✓h�,M Gk; o;=zSOo..S% Items enclosed as part of this Application: orderl addendum2 Locus ma Site lan ✓ showing present +planned a, structures Floor plans present /� proposed elevations (HDC approved ?/) Listings lot area, frontage7'7,4setbacks 5 GCR parking data Assessor - certifies addressee i.st 4 sets ma'ling labels 2 sets �200 fee payable to Town of Nantucket, proof 'cap' covenant (If an appeal, ask Town Clerk to send Bldg Comr record to BoA.) I certify that the requested information submitted is substantially complete and true to the est of my knowledge, under the pains and penalties of / SIGNATURE: �•` -- Applicant Attorney /agent 3(If no owner r owner's attorney, enclose proof of authority) FOR Bob OFFICE USE - Application copies recd: 4 / or for BoA on��/ by One copy filed with Town Clerk on j/C by \ �(�comple�te. One copy each to Planning Bd and Building Dept �!7 by rt�L $200 fee check given Town Treasurer on — by waived?— Hearing notice posted / mailed111-1 1 & Hearing (s) on_/_/_ cont' d tom--/_, withdrawn ?��_ Decision due bye_/_ made___/__/_ filed TC___/_-/_ mailed__/__./_ See related cases lawsuits other UJ 1 /� U Ln LL O ul U) rn S >Y c UWWto c,2 \\ MUU D Z F-Z fu.