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Home My WebLink About015-94TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: February 19 94 To: Parties in Interest and.Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 015 -94 Owner /Applicant: PAUL SOROS AND DAISY SOROS 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. v Lind F. Williams, Vice -Chairman cc: Town Clerk Planning Board Building Commissioner i BOARD OF APPEALS NANTUCKET, MASSACHUSETTS Map 49, Parcels 11 and 12 Plan Book 19, Page 24, Lots 37 and 38 R -2 41 Baxter Road, Siasconset Deed: Book 166, Page 314 At a public hearing of the Nantucket Board of Appeals originally scheduled for February 11, 1994, and continued to 1:00 P.M. on Friday, February 18, 1994, at the Town and County Building, Federal and Broad Streets, Nantucket, on the application of PAUL SOROS and DAISY SOROS, Applicants, in care of Reade & Alger Professional Corporation, 6 Young's Way, Post Office Box 2669, Nantucket, Massachusetts 02584, Board of Appeals File No. 015 -94, the Board made the following findings and entered the following Decision: 1. Applicants request a Special Permit (or finding under M.G.L. c.40A, §6, and Zoning By -law Section 139- 33.A), to allow the alteration and extension of a single - family dwelling, nonconforming with present zoning requirements as to ground cover by construction of a one and one -half story addition containing a garage with living space ancillary to the existing single - family use above the garage, which would increase this nonconformity. The subject property is also nonconforming as to lot area (16,112 square feet; 20,000 being the minimum required) and rear yard setback (5.8 feet; 10 feet being the minimum required), but no changes in these nonconformities, nor any new nonconformities, are proposed. Present ground cover, as per the plot plan attached hereto as Exhibit A, is 2,087 square feet, or 12.95 %; the proposed addition would increase ground cover by 477 square feet, to 2,564 square feet, or 15.91 %. The subject property (the "Locus ") is situated at 41 Baxter Road, Siasconset, Assessor's Parcels 11 and 12 (combined), is shown as Lots 37 and 38 upon a plan recorded with Nantucket Deeds in Plan Book 19, Page 24, and is situated in a Residential -2 zoning district. 2. The Board's decision is based upon the application and documents filed with it, and the testimony, evidence and representations presented at the hearing. 3. No Planning Board recommendation was made. Several letters in opposition were received; no opposition was made in person. Another letter in opposition was withdrawn before our hearing. 4. Until the 1984 Annual Town Meeting, the Locus was situated in a Residential -1 zoning district. In 1979 and 1980, the dwelling upon the Locus was constructed, and Certificate of Occupancy No. 1213 -80 was issued therefor on August 22, 1980. The ground cover ratio of 12.95 %, and rear yard setback of 5.8 feet, conformed to the minimums then in effect for Residential -1 zoning (30% and 5 feet, respectively). The Locus then came into nonconformity with zoning as a result of the 1984 upzoning. 5. The Applicants propose to construct a new addition with 477 square feet of ground cover, consisting of an attached garage with living space over it which would be integrated into the existing dwelling. This addition would not violate any setback requirement; the only relief needed is as to ground cover ratio. 6. Based upon the representations and plans made to us, a majority of the Board (Williams, O'Mara and Hourihan) found that the addition would improve the appearance of the Applicants' dwelling as viewed from Baxter Road, as well as affording indoor parking of vehicles and equipment which is not now provided. The Historic District Commission has approved the addition, and the issuance of an Order of Conditions by the Conservation Commission approving the project is pending. 7. The standards required to be followed in this case, being an application for alteration of a single - family residential structure, are established by the Appeals Court decision of Goldhirsh v. McNear, 32 Mass. App. 455, 590 N.E. 2d 709. As required therein, the Board first made (unanimously) the finding that the proposed addition would intensify the existing nonconformity, in that ground cover ratio, already nonconforming, would be made more nonconforming. No additional nonconformity will result, however. The Board then made the finding by a majority in favor (Williams, O'Mara and Hourihan, with Balas and Angelastro opposed) that-the Applicants had established that the proposed alteration would not be substantially more detrimental to the neighborhood than the existing nonconforming structure, subject to the conditions set forth in Paragraph 8 of this decision, because (as indicated by Historic District approval) the appearance of the Applicants' building will be improved by the addition. 8. The dissenting members ( Balas and Angelastro) were concerned with neighborhood opposition, as indicated by four letter filed with us. 9. Relief herein is conditional upon the following: a) Existing vegetative screening of the building upon the Locus, along Baxter Road, should be maintained. b) The roof material of the entire structure, both pre - existing and new portions, shall be cedar shingles (replacing the existing shingles). c) The project shall be completed in substantial conformity with the Historic District Commission's Certificate of Appropriateness No. 25128 and Conservation Commission's Order of Conditions in File No. SE48 -830. 10. Accordingly, and subject to the foregoing conditions, the required majority of the Board (Williams, O'Mara and Hourihan in favor; Balas and Angelastro opposed) made the finding under M.G.L. c.40A, §6, and By -law Section 139 -33.A, that the proposed addition will not be substantially more detrimental to the neighborhood than the pre- existing nonconforming structure. The request for special relief was withdrawn by unanimous consent. kah /44 /SOROS ,(015 -94) -3- Dated: 1994 RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 FEB 2 5 1994 TIME: —_ z - 3 o P/I CLERK: &� kah /44 /SOROS -3- Linda F. Williams d' Micha 1 O'Mara Ann G. Balas Michael Angelastro V� 0 William P. Hourihan j TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the Nantucket Zoning Board of Appeals will be held at 1:00 P.M., FRIDAY, FEBRUARY 11, 1994, in the Selectmen's Meeting Room, Town and County Building, Broad Street, Nantucket, on the Application of: PAUL SOROS AND DAISY SOROS Board of Appeals File No. 015 -94 Applicants are seeking a SPECIAL PERMIT pursuant to Nantucket Zoning By -Law §139 -33A to allow for the construction of a one and one -half story garage /studio addition to the said to be pre- existing, non - conforming structure upon the Locus. The existing structure has a ground cover ratio of 12.95% and rear yard setback of 5.83 feet at its closest point. The proposed 477 S.F. addition would increase overall ground cover to a total of 15.9 %. No alterations in rear yard setback are proposed. Required ground cover in this district is 12.5% and rear yard setback is 10 feet. The premises are located at 41 BAXTER ROAD, SIASCONSET, Assessor's Map 49, Parcel 011, Lots 37 and 38 as shown in Plan Book 19, Page 24. The property is zoned Residential -2. Da e W. Waine, Chairman BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 / CASE No.a- q w Owner's name(s): Paul Soros and Daisy Soros Mailing address: c/o Reade & Alger P.C., P.O: Box 2669, Nantucket, MA 02584 Applicant's name: same Mailing address: Same Location of lot: Assessor's map and parcel number 49 - 011 Street address: 41 Baxter Road Registry , Plan Bk 19 -24 Lot 37 and 38 q 10 278 163 315 R -2 Date lot ac uired: _/ Deed Ref _,_ Zoning district Uses on lot - commercial: None x or MCD? - number of: dwellings 1 duplex_ apartments rental rooms_ Building date(s): all pre -8/72? or 1979 C of 0? x Building Permit appl'n. Nos. 1213 -79 Case Nos. all BoA applications, lawsuits: State fully all zoning relief sou ht 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 x if to alter or extend a noncon.orming use). If appeal per 139 -3JA 5 B _ attach decision or order appealed. OK to attach addendum . Applicant requests a special permit pursuant to Section 139 -33A. of the By -law to allow for the construction of a one and one -half story garage /studio addition to the existing nonconforming structure upon the Locus. The existing structure has a ground cover ratio of 12.95. and rear yard setback of 5.83 feet at its closest point. The proposed 477 square foot addition would increase overall ground cover to a total of 15.9 %. No alterations in rear yard setback are proposed. Required ground cover in this district is 12.5% and rear yard setback is ten feet. Items enclosed as part of this Application: orderl addendum2 Locus map x Site plan x showing present . +planned structures Floor plans present proposed elevations (HDC approved?_) Listings lot area frontage setbacks GCR parking data Assessor - certifies addressee =St 4 sets x ma l ni g labels 2 setsx 200 fee payable to Town.of Nantucket proof 'cap' covenant (If an appeal, ask Town clerk to send Bldg Comr record to BoA-.-F I certify that the requested informatioxi submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: Applicant Attorney /agent x 3(If not owner or owner's at orney, enclose proof of authority) FOR Bo OFFICE USE Application copies reed: 4r_ for BoA on�fby One copy filed with Town Clerk onL/��by complete? One copy each to Planning B and Building % Dept /��y_L&/—,) $200 fee check given To n Treasurer on /� /C by/� waived ?_ Clearing notice posted�� l� mailed ( /Li I & M,L/Z 1 , Z. Hearing(s) on_/_/, cont'd to_/_/ _/_/_ withdrawn?--/--/— Decision due by_/_/_ made_/_/_ filed TC^/_ --/_ See related cases lawsuits other LU �p U �^ LL I ®0< I _W co W U LU LU 3Z O Z l_ r