HomeMy WebLinkAbout023-96 023 - 9(D
o "71eMc-,, TOWN OF NANTUCKET
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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
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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
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