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Home My WebLink About022-96 Z -9 ( ot��,NTUCMt•� TOWN OF NANTUCKET APPEALS BOARD OF 4,00R tv NANTUCKET, MASSACHUSETTS 02554 Date: May 0?2.,. , 19 96 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: 022-96 Application No . : Owner/Applicant: JANE NOLAN AND SARAH CHURCHILL, FOR THEMSELVES AS OWNERS , AND FOR MARSHALL W. PAGON, CONTRACT PURCHASER 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 . •!, Michael J . O 'Ma airman cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING- TO NANTUCKET ZONING BY-LAW §139-30I ( SPECIAL PERMITS) ; §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS . owrucke TOWN OF NANTUCKET o . BOARD OF APPEALS may. =• .07..• 4;A %POWVD NANTUCKET, MASSACHUSETTS 02554 Assessor ' s Map 49. 2 . 3 28 Baxter Road, Siasconset Parcel 31 Book 2 , Page 52 & Residential-2 Book 5 , Page 2 Deed Ref . 204, Page 138 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1 : 00 P .M. , Friday, March 29 , 1996, in the Selectmen' s Meeting Room, Town and County Building, Broad Street, Nantucket , Massachusetts , on the Application of JANE NOLAN AND SARAH CHURCHILL, FOR THEMSELVES AS OWNERS AND FOR MARSHALL W. PAGON, CONTRACT PURCHASER, c/o Vaughan and Dale, P.O. Box 659 , Nantucket, MA 02554 and c/o Reade and Alger, P.O. Box 2669, Nantucket , MA 02584, respectively , Board of Appeals File No. 022-96, the Board made the following Decision: 1 . Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-Law §139-33A (alteration/expansion of a pre-existing non-conforming structure/use) . Applicant (Pagan) proposes to demolish an existing "wood bin" that currently encroaches upon an adjacent way at the rear of the Lot . As part of an extensive renovation project of the said to be pre-existing single-family dwelling, the Applicant also proposes to construct a 4 ' x 6 ' addition onto the rear southwesterly corner of the structure and extend upward to add a second floor over a 10 ' x 20 ' area at the rear of the house. The structure (excluding the wood bin) is sited at 1 . 9+ feet at its closest point from the rear lot line in a district that requires a minimum rear yard setback of ten ( 10) feet . The Applicant further proposes to alter the structure , said to have an elevation above mean grade at the highest point of the roof of 33+ feet, by placing a roof walk above the existing structure and by adding dormers to the east, north and south faces of the roof , the highest point of each of which will be 31+ feet above grade. Neither addition will come any closer to the rear lot line than the existing structure and the second floor addition, roof walk and dormers will be constructed within the existing footprint. The Locus is non-conforming as to lot size, having a lot area of 11 , 246+ square feet in a district that requires a minimum lot area of 20, 000 square feet , and as to rear yard setback and height above grade as described above . The premises is located at 28 BAXTER ROAD, SIASCONSET, Assessor ' s Map 49 . 2 . 3 , Parcel 31 , Plan Book 2 , Page 52 and Plan Book 5 , Page 2 . The property is zoned Residential-2 . 2 . The Decision is based upon the Application and materials submitted with it , and testimony and evidence presented at the hearing . The Planning Board made no recommendation. There were three ( 3) letters on file in opposition that expressed concern about the massing of the new addition within the rear yard setback, addition of a roof walk above the 30-foot ma)cimum height requirement and noise from summer construction, further suggesting that the structure be moved forward away from the setback to minimize the impact of the alterations . An attorney representing an abutter also spoke against the proposed project . 3 . Applicant (Pagan) proposes to demolish the existing wood bin that encroaches upon the rear yard lot line located along an abutters ' "way" to the west of the Locus. The single-family structure will then be sited 1 . 9+ feet from the rear lot line , still in violation of the 10-foot rear yard setback requirement . Applicant further proposes to construct a 4 ' x 6 ' addition on the southwesterly corner of the structure that will extend the 1 . 9+ foot non-conforming setback distance to the south without coming any closer to that lot line . A second floor addition is planned for the 10 ' x 20 ' one-story rear el of the structure that will also not come any closer to the rear lot line than the existing structure . Dormers and a roof walk will also be added within the existing footprint above the maximum 30-foot height requirement with the dormers not to exceed the pre-existing non-conforming roof ridge height of 33± feet. The alterations and additions will not exceed the maximum ground cover ratio of 12 . 5% allowed for this sub-minimum lot . 4 . Two members of the Board expressed concern about the part of the proposed project that would increase the size of the structure within the rear yard setback area in such close proximity to abutting dwellings that used the way for access . They felt that other options existed that would not necessitate extending the non-conforming rear yard setback distance to the south or increasing the non-conforming nature of the structure by extending upwardly with the addition of a second story to a one story portion of the dwelling within that setback area. They further found that the additions as proposed within the rear yard setback area would be substantially more detrimental to the neighborhood than the existing non-conforming nature of the property . 5 . Accordingly, upon a motion made to grant the relief requested subject to the conditions that there be no demolition of the 10 ' x 20 ' rear portion of the structure , that no exterior construction take place between June 1 and September 15 of any given year, and that no roof walk be constructed, relief by SPECIAL PERMIT under Nantucket Zoning By-Law §139-33A was DENIED by a vote of three ( 3) in favor (O 'Mara , Waine and Leichter) to two ( 2) opposed (Balas and Williams) . with a minimum of four (4) votes in favor needed to carry a grant of relief . Dated : May —, 1996 / �� 1 ,l / RECEIVED Linda F . ' liams TOWN CLERK'S OFFICE NANTUCKET MA 09554 AV/ MAY 22 1996 Ann G. Balas TIME: '-f Q�( CLERK: f)(c_fj� (U22-96 ) Mi •ael J • 'Mara /z 4 11 ) 1. .,._____ •obe Leichter \-- ; t 11 (/) 1 111 ' il Dale W. Waine 1 E0'd 113101 UC TOWN OF NANTUCKET ;; BOARD OF APPEALS ��c ;sue ' ae 0A♦ORA(6�� NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1 : 00 P.M. , FRIDAY, MARCH 29, 1996 , in the Selectman' s Meeting Room, Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of the following: JANE NOLAN AND SARAH CHURCHILL, FOR THEMSELVES AS OWNERS, AND FOR MARSHALL W. PAGON, CONTRACT PURCHASER BOARD OF APPEALS FILE NO. 022-96 Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-Law §139-33A (alteration/expansion of a pre- existing non-conforming structure/use) . Applicant (Pagon) proposes to demolish an existing "wood bin" that currently encroaches upon an adjacent way at the rear of the Lot . As part of an extensive renovation project of the said to be pre-existing single-family dwelling, the Applicant also proposes to construct a 4' x 6' addition onto the rear southwesterly corner of the structure and extend upward to add a second floor over a 10' x 20' area at the rear of the house. The structure (excluding the wood bin) is sited at 1. 9± feet at its closest point from the rear lot line in a district that requires a minimum rear yard setback of ten (10) feet. The Applicants further propose to alter the structure, said to have an elevation above mean grade at the highest point of the roof of 33± feet, by placing a roof walk above the existing structure and by adding dormers to the east, north and south faces of the roof, the highest point of each of which will be 31± feet above grade. Neither addition will come any closer to the rear lot line than the existing structure and the second floor addition, roof walk and dormers will be constructed within the existing footprint . The Locus is non-conforming as to lot size, having a lot area of 11, 246± square feet in a district that requires a minimum lot area of 20, 000 square feet, and as to rear yard setback and height above grade as described above. The premises is located at 28 BAXTER ROAD, SIASCONSET, Assessor' s Map 49 .2 . 3 , Parcel 31, Plan Book 2 , Page 52 and Plan Book 5, Page 2 . The property is zoned Residential-2 . 4 I c Cool 6 #,,( Michael J. 4 ara, Chairman' THIS ALTERNATIVE FORMATS . FORIASSITANCER O( CALL (508) ALTE ) 228-7215 . BoA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 f1 . CASE No aA -1(0 ?,PPLICATION FOR RELIEF • Owner's name(s) ; Jane Nolan and Sarah Churchill c/o Vaughan and Dale Professional Corporation Mailing address: Whaler's Lane, P.O. Box 659, 'Nantucket, Massachusetts 02554 Applicant's name: Marshall W. Pagon/Contract Purchaser c/o Reacle & Alger Professional Corpo ation Mailing address: 6 Young Way, P.O. Box 2669. Nantuc t, Massachusetts 07584 • Location of lot: Asse'ssor's map and parcel: number 49.2.3-31 Street address: 28 Baxter Road Registry Land Ct Plan, Plan Bk & 'Pg or Flan File Plan gBo2k 5, Lot Date lot acquired: L/11183 Deed Ref 204, 138 Zoning district R-2 Uses on lot - commercial: None X or • MCD?_ - number of: dwellings 1.. '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 X if to alter or extend a n'onconorming use) . If appeal per 139-3;.A &B — ', attach decision or order appealed. OK to attach addendum 4 . Applicant requests a Special Permit pursuant to §139-33.A. of the By-law to permit renovation of a pre-existing nonconforming dwelling within the required rear yard setback. Applicant proposes to demolish a wood bin which encroaches on the rear lot line, add a 4 x 6 foot addition at the northwesterly corner of the house which will extend the rear yard setback nonconformity but will not make it any more nonconforming, and expand upward over a 10 x 20 foot area at the rear of the house. The existing structure encroaches over the rear lot line; proposed rear yard setback will be 1.9+ feet from the lot line with the existing lot line encroachment 0 -.4 onto an adjacent way to be eliminated; required rear yard setback in this district r- Z .C in f. .t 30 m Items enclosed as part of this Application: orderl addendum2 I Z Locus map X Site plan ' X showing present X .+planne7 X structures I Z Floor plans present proposed _ CR'elevatTs (HDC approved?_) � D 0 33 ? _, Listings lot area rontage .setbacks G parking data 7D 0 m Assessor-certified addressee list 4 sets x maA.ling labels 2 sets X � x m 0 1200 fee payable to ,Town, of Nantucket proof 'cap' covenant m CAD �7 m (If an appeal, ask Town 'Clerk to send Bldg Comr s. record to 1302%7T- , T C I certify that the. requested information" submitted is substantially (JP s m complete and true to the. best of my knowledge,' under the pains and j On 0 penalties of per ry. fl SIGNATURE: �� o Applicant Attorney/agent X 6. ) 3 (If not owner or owner's attorney, enclose proof of authority) FOR B A OFFICE USE /� Application copies rec'd: 4Jor for Bbl ontsi'' � �by one copy filed with Town Clerk on, )// 7by ,comple, ? � One copy each to Planning Bd and Building Dept by• $200 fee check given Town Treasurer on; 3/ _ •y two .;yaived? Hearing, notice posted�,1 ZVmaile1 .12 & la / -e) 3/ „4 Hearing(s) one_/ cont'd to_/ ,_,/ , _/__/ witLhddra'wfn?__/_/ Decision due by_/_/ made_/._/ filed TC^/__/ mailed,/_ / See related cases lawsuits other •