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HomeMy WebLinkAbout023-96 023 - 9(D o "71eMc-,, TOWN OF NANTUCKET o BOARD OF APPEALS S %%JO) NANTUCKET, MASSACHUSETTS 02554 Date: April /2-- , 1996 To: Parties in Interest and_ Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. : 023-96 Owner/Applicant : JOHN G. MACCONNELL, AS TRUSTEE OF 70 HULBERT AVENUE REALTY TRUST 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 . G - Michael J. 40 Chairman 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 . U4/1U/110 ILV llf:LL 1-AA 1.W.111ZZO363U ELLEN 4001 NANTUCKET ZONING BOARD OF APPEALS 37 Washington Street Nantucket, Massachusetts 02554 Assessor' s Map 29, Parcel 53 70 Hulbert Avenue Deed Book 478, Page 120 Residential-1 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, March 29, 1996, at 1:00 F.M. , in the Selectmen's Meeting Room, in the Town and County Building, Broad Street, Nantucket, Massachusetts, the Board made the following decision on the application of JOHN G. MacCONNELL, as Trustee of 70 HULBERT AVENUE REALTY TRUST, c/o Reade & Alger Professional Corporation, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 023-96 : 2 . The Applicant is seeking a FINDING under M.G.L. , c.40A, §6, and Nantucket Zoning By-law §139-33 .A(4) (alteration of a pre-existing nonconforming structure or use) , that the alteration of the single-family dwelling upon the locus, said to pre-exist the zoning provisions with which it does not conform, will not be substantially more detrimental to the neighborhood than the existing nonconformity. The applicant proposes to relocate the existing structure further to the west and north on the Locus and to add dormers within the footprint of the existing structure, as so relocated, more than thirty feet above grade at their highest point but less high above grade than the existing ridge height. Neither the nonconforming ridge height of 34 .25± feet (in a district that, like all other districts, allows a maximum ridge height of 30 feet) nor the configuration of the footprint of the structure will change. The subject property (the "Locus") is located at 70 HULBERT AVENUE, Assessor's Map 29, Parcel 53 , as described in deed recorded with Nantucket Deeds in Book 478, Page 120, and is zoned RESIDENTIAL-1. 3 . Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. There was no Planning Board recommendation. There was no support nor opposition presented in person or by correspondence at the public hearing. 4 . The Applicant informs us that the dwelling upon the Locus has existed since a time prior to the Nantucket Zoning By- law, and the only respect in which it is nonconforming with current requirement of the Zoning By-law is that it exceeds allowable height limits above grade. The Applicant recently purchased the Locus, and has consulted with the Nantucket Historic District Commission ("HDC" ) with regard to the possible demolition of this dwelling. He informs us that the HDC strongly prefers that the existing dwelling be preserved. Accordingly, he has proceeded to appear before the HDC, and has secured approval from the HDC for the alteration of the dwelling by moving it in a U4/1U/VO nt.11 1b:LJ t•AA 151123[Y6StfJU ELLEN 4002 northwesterly direction upon the Locus, and placing new dormers which will enable better utilization of the third story of the dwelling. The applicant informs us that he intends to proceed further before the HDC in order to obtain additional changes in these dormers. The effect of these changes will be that the dwelling will have the same footprint configuration, which is not now and will not be in violation of any dimensional zoning requirement, and that the overall height above grade of the structure, which is about 34 .25 feet above grade as measured to the highest ridge upon the existing roof, will not change. 5. Based upon the foregoing, the Board found, by a UNANIMOUS vote, that the dwelling upon the Locus pre-exists the Nantucket Zoning By-law; that the proposed alteration of the dwelling, as it will involve new exterior additions within the existing footprint configuration of the dwelling but higher than the 30-foot maximum height under the By-law, will intensify the zoning nonconformity of the Locus. 6 . The Board further found, by UNANIMOUS vote, that proposed relocation and alteration of the dwelling, to the approximate location shown upon the plan by Nantucket Surveyors, Inc. dated February 26, 1996, a copy of which is attached hereto as Exhibit A, is not substantially more detrimental than the existing nonconforming use to the neighborhood, subject to the condition that the alterations shall be performed in substantial conformity with the plans approved by the HDC in its Certificate of Appropriateness No. 28404, or such other plans as may hereafter be approved by the HDC provided however, that they do not involve any addition to the dwelling which is higher above grade than the existing ridge height of 34 5t eet, . Dated: April /2/, 1996 �, 0 ' Mir. •`Mara ._ / . e/Lr, Lin.a F. �" '�ms - -IVA-rt J. Le' hter t • ! A I.A. : Dom'!.` ,w.r(W�a inee V `C \ . V l; ____L_ - William P. Hourihan, Jr. fe\wp\friebie\70hulbrt\02396baa-dec RECEIVED TOWN CLERK'S OFFICE NANTUCKET MA 02554 APR 12 1996 TIME: L fST i 2 CLERK:___ _ a"- _-- - - EXHIBIT A • 6. _ r Q `,' c' r c WO /z4 \ ; x= ico rn co v a o m 5 3• Dom, -21 l' 2 �x . IJTJ}� �) p a m ) y ✓- o o, A✓1 '"wry 1. r L t z t • m i • n L.--. �� c m o. N p ■ • vi R _I _t,. e ou .._. . . .k . 1 • 281-1- i -\s, i m w ... • dely -- .-i -1 • 3 .3r 2ce, v 4"-----j ii:), ett <-1: __ (4--/ rii o co A ► 1 "ININ_ Z 411111■s 7-.. T GC a N ^m � � 1 ,_ C N0 ��■ . i ,p. m0 r 0 mr-.Sq 1- �.� f f s 1'� z z _ v, mrZ °��