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Home My WebLink About076-94x TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: February /0 , 19 95 To: Parties in Interest and.Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 076 -94 Owner /Applicant: WALTER J. GLOWACKI, ET AL 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. oc� Dal . Waine Chairman cc: Town Clerk. Planning Board Building Commissioner TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Assessor's Map 42.2.3 Parcel 35 R -C 53 Washington Street Plan Book 24, Page 35 Deed Ref. 288/236 At a Public Hearing of the Nantucket Zoning Board of Appeals originally scheduled for 1:00 P.M., Friday, December 9, 1994 and continued without opening the Hearing, to 1:00 P.M., Friday, January 6, 1995, in the Selectmen's Meeting Room, Town and County Building, Broad Street, Nantucket, MA, on the Application of WALTER J. GLOWACKI, ET AL, P.O. Drawer N, Nantucket, MA 02554, Board of Appeals File No. 076 -94, the Board made the following Decision: 1. Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By -Law §139 -33A in order to allow the demolition of two (2) said to be pre- existing, nonconforming single family dwellings (one a primary dwelling and one a secondary dwelling) and rebuild the structures on the same footprints with the addition of a second floor on the secondary dwelling. The secondary dwelling is located 1.00+ foot at its closest point from the rear lot line, and 2.98+ feet from the southeasterly side yard lot line at its closest point in a zone that requires a 5 -foot rear and side yard setback. The primary dwelling is located 4.50+ feet from the northeasterly side yard lot line in a district that requires a 5 -foot side yard setback. In addition, the scalar distance between the two dwellings is 9+ feet when a 12 foot scalar distance is required between primary and secondary dwellings. The premises is located at 53 WASHINGTON STREET, Assessor's Map 42.2.3, Parcel 35, as shown in Registry Plan Book 24, Page 35. The property is zoned Residential - Commercial. The Decision is based upon the Application and materials submitted with it, the testimony and evidence presented at the Hearing and four (4) letters of objection. The Planning Board recommended that the Applicant be required to provide two parking spaces on site. Attorneys for several abutters expressed concerns over the noise, density, close proximity of the secondary dwelling to the rear lot line, and spoke about the negative impact adding a full second story to the secondary dwelling, would have on the neighborhood. The lots,immediately abutting the Locus, contained dwellings that were in close proximity to the cottage and increasing the height of the structure to 30 feet would in effect block light and air of neighboring structures. The letters stated similar concerns, adding the the addition of a second story would block views and devalue their properties. It was further noted that there had been several noise complaints made against previous renters of the Locus. The Building Commissioner spoke in opposition to the proposed (076 -94) -2- demolition and reconstruction, expressing his concern about the densely packed structures in the neighborhood, citing the potential difficulty in getting fire and emergency equipment to the scene. He felt that adding a second story would exacerbate a bad situation. 3. Applicant represented that the Lot currently contains three (3) nonconforming structures, a cottage, a principal dwelling and a shed. All structures are in violation of setback requirements. Applicant stated that the proposed alterations would not increase the existing ground cover ratio and new construction would be kept within the footprints of the existing structures. Parking has never been provided for the two dwelling units and are thus grandfathered. Applicant does not, however, intend on providing the required spaces in his renovation plan. Applicant further stated that it was economically necessary to upgrade the buildings and add a second story to the cottage in order to be able to attract more desirable tenants, as opposed to the numerous college -aged individuals that he currently rents to in the summer months. Applicant offered to eliminate one nonconformity by reducing the footprint of the principal dwelling to obtain the required 12 -foot scalar separation between primary and secondary dwellings. He further offered to remove the existing shed to reduce the impact on the ground cover ratio and lessen the density of the structures on the Lot. 4. The Board finds that this is an undersized lot, with several zoning nonconformities. The proposed demolition and reconstruction of the dwellings, with the addition of a second story on the cottage that is sited 1.00+ foot at its closest point from the rear lot line, would be substantially more detrimental to the neighborhood and not in harmony with the purpose and intent of the Zoning By -Law. The increased density of the structures in an already highly congested area would pose a possible safety risk due to lack of adequate access for emergency vehicles and have an adverse impact on the surrounding dwellings by further reducing air and light. 5. Accordingly, upon a motion duly made and seconded to grant the relief by SPECIAL PERMIT under Zoning By -Law §139 -33A, relief is hereby DENIED, by a vote of four (4) opposed (Waine, Leichter, Balas and Sevrens) and one (1) abstention (Williams). Dated: February 1\3 , 1995 __ /�" I _� / - j (",/" Li da FY illiams �1� `�' et.& ;—. Ann Balas RECEIVED "OWN CLERK'S OFFICE NANTUCKFT. m,-N, D��1�4 FEB 131995 TIME: :LERlf__� VCS J Dale Waine Robert Lei ch er t { Nancy Sevrens 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, December 9, 1994, in the Selectmen's Meeting Room, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: WALTER J. GLOWACKI, ET AL Board of ApApealsFile No. 076 -94 Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By -Law §139 -33A in order to allow the demolition of two (2) said to be pre- existing nonconforming single family dwellings (one a primary dwelling, and one a secondary dwelling) and rebuild the structures on the same footprints with the addition of a second floor on the secondary dwelling. The secondary dwelling is located 1.00± foot at its closest point from the rear lot line, and 2.98± feet from the souteasterly side yard lot line at its closest point in a zone that requires a 5 foot rear and side yard setback. The primary dwelling is located 4.50± feet from the northeasterly side yard lot line in a district that requires a 5 foot side yard setback. In addition, the scaler distance between the two dwellings is 9± feet when a 12 foot scaler distance is required between primary and secondary dwellings. The premises is located at 53 WASHINGTON STREET, Assessor's Map 42.2.3, parcel 35, as shown in Registry Plan Book 24, Page 35. The property is zoned RESIDENTIAL - COMMERCIAL. Dale W. Waine, Chairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE CALL (508) 228 -7215. 89 NANTUCKET ZONING BOARD OF APPEALS ,_October 6,1994 TOWN AND COUNTY BUILDING `Date NANTUCKET, MA 02554 �YY CASE No. cJ ash- 2kPPLICATION FOR RELIEF "ame(s): Walter J. Glowacki address: P O DRAWER N, NANTUCKET, MA n25s4 'Is name: Walter J Glowacki address: P.O. DRAWER N, NANTUCKET, MA. 02554 n`of lot: Assessor's map and parcel number 4223 -_35 #'address: 53 WASHINGTON STREET, NANTUCKET, MA. 02554 ryLand Ct Plan, Plan Bk & Pg or Plan File BK. -24 PAG�,ot 35 288 -236 Zoning district R -C .,acquired: .��— Deed Ref —,- lot - .commercial:' None X or MCD ?_ beer of: dwellings 2 duplex— apartments rental rooms - g,date(s): all pre- 8/72? or C of 0 ?- ng!;Permit appl'n. Nos. w: all $oA applications, lawsuits: all honingg relief sought.and respective Code,sections s' ctions, specifically what you propose compared: to present ,t�� grounds you urge for BoA to make each findingl'per Section if Variance, 139 -30A if a Special Permit (and 1'39 33A oualter or extend a nonconn orming use). If,appeal per 139 -3 A attach decision or order appealed. OK to attach addendum . R°rrN �{ Iii: k7?QC6d `h�3CIiG:Ky9!��3CI�i:�(��C ,' %, • ,trYpli� k�"1., � c SE ,OND FLOOR TO DWELLING NO. 2. BRING DWELLINGS NT COIPTANCE EMA_FLOOD REGULATIONS; SEC. 139 -16- SIDE YARD REQUIRED 5`';EXISTING (1.5 +) �uV , l,-7- DISTANCE BETWEEN DWELLINGS, EXISTING ( 91) �S '� t u ,fN f + osed as part of this, Application: orderl adm?r + <' Site; plan x showing present +plsnne 't u' es . `ns .present ' proposed elevations (HDCa u�eyd�') llotriareax! frontage setbacks GCR ark g da cert'ifi 3 addressee list 4 sets =ma'ling }r `'e 2 stet X ; payable to Town of Nantucket X proof 'capsoy��e a ppeal, ask`Town Clerk to sen3 Bldg Comr s',reco to o r that'; the requested information submitted is', su s„a nd true to •the best of my knowledge, under,''th, �°i�nsa !A of perjury.�"�� r �. F Applicant X Attorney %aayt r gen s rr y G owner' oWner's attorney, enclose proof of author }ty),{ A x Z Z CE USE FOR BoA OFFICE ti ' O n .k r rn 4�on copies. reo'd: 4 r/ or_ for BoA on��/ by' x °F N m } m T 1p�r;, filed with Town Clerk on.// /zyby, / ,�A j C616- te- LO r -1 �pyi. each to Planning Bd and Building Dept / by,� r ! � ED D 0 E�9. HrY� .p G q&-check i en Town Treasurer on�/ b Wa'i e,' s D g Y �-! y r� u Ul ;notice posted jl/ r mailed/ /� I & M / }/ C) �+ (r) on_/_/— cont'd to —/� —, withdrawn ?' li—� }'; n *y ;due by__/_/— made_/ filed TC__/_/_ mailed { � v aged cases lawsuits other .. ct ('