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 .
ATIPL- IC,AW7- w15l1a5 Td T»Y)•J0514 EW5T /J6 GArCAGC + gFcow5T1ZL/ -T -
r -aew 5Tr- ucr-�2E oN A 5L1647LY t- •gRbE2 �o- rPz1WT'PLU5 74-6 4POMb►v TOJOIN I�AC
"PwCLLI PG To 11-1 w %714oOT CAmit% ; Y C, o:,c`P. `7o T44E SIDE Y,4RD .56'T5A( Y-
7-pa GAta^sr: 15 Gvle{LE^1TLY ;51 -rep I FT t 77MOM TA6 k)ES -re"Y LOTGt,�6'
l-55 A 5PI GI AL- PagrviIT uNpgrZ 56GTiD>a 15q -35 A 77;Ae
}-lEW 5T2ucTi�2� VALL C-ONTAIN) LIVING THE- ADD)M oN W IL' -
GoN-fAlrJ A\ SvNP -Do l CpN1VECT1IUG IT To 7145 L= ',�/5 -riN3G h4 SE, AND 16E 31_u„ f 1;!"
-74AS s IpE. 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.