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Home My WebLink About057-94TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: July 25 , 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.: 057 -94 CHARLES W. GRAEBER AND DIANN GRAEBER Owner /Applicant: 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. wdliIt, Chairman cc: Town Clerk Planning Board Building Commissioner NANTUCKET ZONING BOARD OF APPEALS 10 South Beach Street Nantucket, Massachusetts 02555 Assessor's Map 42.4.2 Parcel 95 Zoning District R -OH 4 Ash Street Deed: Book 443, Page 180 DECISION: The Nantucket Board of Appeals made the following Decision at a public hearing duly held at the Town and County Building, Federal and Broad Streets, Nantucket, on FRIDAY, July 8, 1994, at 1.00 P.M., upon the application of CHARLES W. GRAEBER and DIANN GRAEBER Young's (057-94), y, ostc /Off ice, Alger Professional Nantucket, Corporation, Massachusetts Young's Way, 02584. T. Applicant requests a finding pursuant to M.G.L. L. c. 40th, Section 6, and Nantucket Zoning By-law §139-33A, that construction of an 86+ square foot addition, deck, and storage area and upward expansion of the structure within a portion the side yard setback area, to the existing nonconforming lodging house upon the Premises shall not be substantially more detrimental than the existing nonconforming structure /use to the neighborhood. The current structure is said to be nonconforming with respect to ground cover ratio, having 49.3 %; side yard setback, having a 0.1+ foot setback on the southeasterly lot line; rear yard setback, having a zero setback on Ash Lane; and lot area, having 3,057+ square feet. Required in this zoning district are a ground cover ratio of 30 %, side and rear yard setbacks of 5 feet and a minimum lot size of 5,000 square feet. The current use as a lodging house is also said to be oosed pre- existing and nonconforming in this district The p r p addition would increase the ground cover ratio to 52.1% and would extend the current nonconforming zero foot rear yard setback on Ash Lane. In the alternative, Applicants request a Special Permit under Nantucket Zoning By -Law, §139 -33A to allow the proposed construction. If relief is granted, the current of the premises, as a lodging house, would be changed to a permitted use, a single- family residence. The premises is located at 4 ASH STREET, Assessor's Map 42.4.2, Parcel 95. The property is zoned Residential -Old Historic. 2. Our decision is based upon the application and supporting materials filed therewith -and the testimony and representations presented at our public hearing. One letter in support of the application was received from a neighbor; another neighbor appeared in opposition, expressing concern about the increase in density of ground cover. The Planning Board staff made no recommendation. 3. We find that the present structure and uses upon the locus pre -exist the 1972 effective date of the initial Nantucket zoning by -law. The applicants represent that the kitchen in the existing structure is small and outmoded, and they wish to construct an addition in order to install a modern, workable kitchen. They further represent that the upward addition is necessary to practically use existing space on the second floor, which has inadequate headroom. The Historic District Commission has issued its Certificate of Appropriateness for the proposed addition, numbered 25747. The proposed addition to ground cover would increase the ground cover ratio to 52.1 %; with front -yard setback measured from Ash Lane, as the applicants request, no other nonconformity increase would result from this addition. 4. We find that the additions, already approved by the HDC with due regard to the historic integrity of the structure upon the locus, will not be substantially more detrimental to the neighborhood in which the locus is situated than the existing nonconforming structure. Further, the condition, offered by the applicants, that the existing nonconforming commercial use as a lodging house be eliminated, will confer a benefit upon the neighborhood, in that nonconformities as to use and parking will no longer exist. 5. By unanimous vote, the Board found that the proposed additions would increase existing ground cover nonconformities. 6. By unanimous vote, the Board made the finding under M.G.L. c. 40A, §6, and Nantucket Zoning By -law, Section 139 -33.A, that the proposed alterations to the structure upon the locus will not be substantially more detrimental to the neighborhood than the pre- existing nonconformities upon the locus, upon the following conditions: (a) The existing use of the locus as a lodging house shall be eliminated, and no further commercial uses shall be conducted upon the locus. (b) The alterations upon the locus shall be performed in substantial conformity with the plans and materials submitted to the Nantucket Historic District Commission and approved under its Certificate of Appropriateness No. 25747, and as shown upon Exhibit A, attached hereto. (c) One legal parkin spa will be pr Dated: REGEV' L,D TOWN CLERK'S OFF"' NANTUCKET, MA C2-:)4 \---- lg Da W. Waine JUL 25 1994 TIME: 1�0 PA1 T CLERK: WOK William P. Hourih Nancy J. Severns P-iw /4R /c7raPhPrl id n -s e } )C?A N3'liif EXH.I -'Al_ • �•. y1`.µ4; �'Ni'�•'..� �..Y;• '%� s ' '. - '- •: a. : i yam• `�i '��:`HF ry � ✓•fin /4!li_ :.�_^ _- _ �, � n•1 - 'ti.+r .� ,�,_ �, _.�� • N - v � - _ • � � I, .ITT.. '� '^:i ,� • . •; :� : ' i�; f . y" 'fib - ' a a 4 At 4CA \ i ' O � O TOTAL P.01 Mal AS �L - '- 'K��''�•y'_? � �:Mr � ^7'.1 _ _. mil. - • . •; :� : ' i�; f . y" 'fib - ' a a 4 At 4CA \ i ' O � O TOTAL P.01 Zoning Board of Appeals South Beach Street Nantucket, Mass. 02554 NOTICE A Public Hearing of the ZONING BOARD OF APPEALS will be held at 1:00 P.M., Friday, July 8, 1994, the Selectmen's Meeting Room, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: CHARLES W. GRAEBER AND DIANN GRAEBER Board of Appeals File No. 057 -94 Applicant requests a finding pursuant to M.G.L. c.40A, section 6, and Nantucket Zoning By -Law §139 -33A, that the construction of an 86± square foot addition, deck, and storage area and upward expansion of the structure within a portion of the side yard setback area, to the existing nonconforming lodging house upon the premises shall not be substantially more detrimental than the existing nonconforming structure /use to the neighborhood. The current structure is said to be nonconforming with respect to ground cover ratio, having 49.3 %; side yard setback, having a 0.1± foot setback on the southeasterly lot line; rear yard setback, having a zero setback on Ash Lane; and lot area, having 3,057± square feet. Required in this zoning disctrict are a ground cover ratio of 30 %, side and rear yard setbacks of 5 feet and a minimum lot size of 5,000 square feet. The current use as a lodging house is also said to be pre- existing and nonconforming in this district. The proposed addition would increase the ground cover ratio to 52.1% and would extend the current nonconforming zero foot rear yard setback on, Ash Lane. In the alternative, Applicants request a Special Permit under Nantucket Zoning By -Law §139 -33A to allow the proposed construction. If relief is granted, the current use of the premises, as a lodging house, would be changed to a permitted use, a single family residence. The premises is located at 4 ASH STREET, Assessor's Map 42.4.2, parcel 95. The property is :zoned Residenti =ii Old Historic. Dale W. Waine, Chairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. (508) 228 -7215. FOR ASSISTANCE CALL Bon Form 1 -89 NANTTO.WTANDNCOUNTYAn RD Op ILDINOPEALB te NANTUCKET, MA 02554 CASE No.l� /- APPTI CAT TON FQR RELIEF Owner's name(s): Charles W. Graeber and Diann Graeber c/o Rea de & A ger Pro essional Corporation Mailing address: 6 Young's Way, P.O. Box 2669, Nantucket, MA 02584 Applicant's name: Same Mailing address: Same Location of lot: Assessor's map and parcel number 4242_95 Street address: 4 Ash Street Registry Land Ct Plan, Plan Bk & P.g or Plan File Lot Date lot acquired: � 94 Deed Re.f 443 , 180 Zoning district R -OH Uses on lOt - commercial: None or Lodging house MCD? No - number of: dwellings_ duplex_ apartments_ rental rooms_ Building date(s): all pre -8/72? Yes. or C of 0 ?_ .Building Permit appl!n. Nos. 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 x if a Special Permit (and 139 -33A if to alter or extend a nonconn,orming use). If appeal per 139 -3JA & B , attach decision or.order app0aled. OK to attach addendum . See attached addendum. Items enclosed as part of this Application: orderl addendum2 _U Ln B- N Locus map x Site plan x showing present x +planned x structures —proposed (HDC approved ?_) u_ a Floor plans present �'eleuatlons Listings lot area x frontage x setbacks x GCRTx parking data x � Assessor- certifie3 addressee I�t 4 sets x mailing labels 2 sets x 'cap' i !U co ) `— Si200 fee payable to•Town.of Nantucket proof covenant (If an appeal, ask Town'Clerk to senCBldg Comr s. record to BOA. W f' Cz U W W c,2 j I certify that the requested informatiori°submitted is substantially LU J U r U Z -D complete and true to the best of my knowledge,' under the pains and Z penalties of pe jury. x �}. Z F- I SIGNATURE: Applicant Attorney /agent Q Z W 3(If not owner or owner's attorney, enclose proof of authority) F- _� U FOR BOA OFFICE USE �/ Application copies reed: 4 V or_ for BOA on /� /�' \/� by one copy filed with Town Clerk on -�� by L/� complete? one copy each to Planning Bd and Building Dept_ J - -J by aO $200 Pee check given Town Treasurer on __1W waived, ?! Hearing notice posted�t/Z�� mailed � I & M yaZ /W Hearing (s) one_/_, cont' d to_J+ /_, /,r/_. withdrawn ?__/,/_ Decision due by_/_/_ made��_ filed TC—/__/ _ mailed__/_ See related cases lawsuits_ other ADDENDUM TO APPLICATION FOR RELIEF Applicant requests a finding pursuant to M.G.L. c.40A, §6 and By -law Section 139 -33.A that the proposed construction of a 86 square foot addition, deck, and storage area, and upward expansion of the building within a portion of the side yard setback area, to the existing nonconforming single- family dwelling upon the premises shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. The structure upon the premises is nonconforming as to ground cover ratio and side and rear yard setbacks. The lot is nonconforming as to minimum lot area, and the present use as a lodging house is nonconforming. Minimum lot size in this district is 5,000 square feet; side and rear yard setback required is 5 feet; ground cover ratio is 30 %. The locus has 3,057 square feet of area, existing ground cover of 49.3 %, zero rear yard setback and 0.1 feet side yard setback at its closest point; ground cover with the proposed addition would be 52.1 %. The proposed addition will not encroach upon any required setbacks, if front yard setback of zero feet is measured from Ash Lane. If relief is granted, the use of the premises will be changed from the present nonconforming use as a lodging house to single- family residential use, eliminating nonconformities as to use and parking. In the alternative the Applicant requests a Special Permit to allow the proposed construction. kah /49 /GRAEBER r \ ' ` � ^ �\ 'i | !\ � - � ' c a«o^v * \` s`^cE 7 --- ^.,u-, ~~- � "ee 's,,c'` so - `of CO