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Home My WebLink About028-96 O2g - 9 ( ��,N7uc,��r TOWN OF NANTUCKET BOARD OF APPEALS • 0'9r'ORAT ". NANTUCKET, MASSACHUSETTS 02554 Date : June 26 , 1996 To : Parties in Interest and_ Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. : 028-96 Owner/Applicant: ARNOLD R. SMALL AND JOAN D. SMALL 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 . A V ` Mich el J. O 'Mar • 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 . NANTUCKET ZONING BOARD OF APPEALS South Beach Street Nantucket, Massachusetts 02554 Assessor' s Map 14 , Parcel 46 Plan Book 15 , Page 29 11 Village Way Lot 1 Limited Use General-3 Deed Book 116, Page 327 DECISION: 1 . At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, May 3 , 1996 , at 1 : 00 P.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 ARNOLD R. SMALL and JOAN D. SMALL, c/o Reade & Alger Professional Corporation, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 028-96 : 2 . The Applicants request a FINDING under M.G.L. , c . 40A, §6 and Nantucket Zoning By-law §139-33 .A, that the alteration of the single-family dwelling upon the subject property (the "Locus" ) by increasing ground cover from 938± square feet, with ground cover ratio of 5 . 90±%, to 1, 038± square feet, with ground cover ratio of 6 . 53±%, and converting the existing single-story dwelling to a one and one-half story structure, will not be sustantially more detrimental to the neighborhood than the existing nonconformities . The Locus is nonconforming as to lot size, having lot area of 15, 901± square feet in a district that requires minimum lot area of 120, 000 square feet; as to ground cover ratio, having a ratio of 5 . 90±% in a district that requires a maximum ground cover ration of 3%; and as to front yard setback, with the dwelling being sited 34 . 4± feet at its closest point from Village Way in a district that requires a minimum front yard setback of 35 feet . The Applicants further seek a SPECIAL PERMIT under Nantucket Zoning By-law §139-33 .A(5) , fog the extension of the front side of the dwelling in a westerly direction in the same line as the existing structure, maintaining the front yard setback distance of 34 .4± feet from the front yard lot line . In the alternative, and to the extent necessary, the Applicants further seek VARIANCE relief from Nantucket Zoning By- law §139-16 .A (Intensity Regulations) in order to construct th� alterations herein set forth. See Board of Appeals File No. 013 - 94 . The Locus is situated at 11 VILLAGE WAY, Assessor' s Map 14 , Parcel 46 , Plan Book 15, Page 29 , Lot 1 . The Locus is zonei LIMITED USE GENERAL-3 . 1 3 . Our decision is based upon the application one accompanying materials, and representations and testimony received at our public hearing. There was no Planning Boarc recommendation. One abutter objected to the granting of relief herein, by correspondence and through counsel who appeared at the public hearing; another neighbor presented a letter in support of relief as requested by the Applicants . 4 . As determined by the Board of Appeals in File No. 013- 94 , the status of the dwelling upon the Locus is that of a pre- existing, nonconforming structure which may be altered by special permit or finding relief, as applicable, under M.G.L. , c . 40A, §6 , and By-law §139-33 .A, as applicable . The Applicant presented plans, approved by the Historic District Commission, which call for the existing dwelling upon the Locus to be modified as indicated in the notice, by converting it to a one and one-half story dwelling having mean elevation above grade at the peak of the roof of about 23 feet . The front (southerly) face of the dwelling, now about 34 .4 feet from Village Way, will be extended, while maintaining the same setback, upward and in a westerly direction. Ground cover ratio will be increased from about 5 . 90% (938± square feet) to about 6 . 53% (1, 038± square feet) ; while present and proposed ground cover ratio exceed the 3% permitted in the Limited Use General-3 zoning district, if alteration of a single-family dwelling is permitted on a nonconforming lot By-law §139-33 .A(7) sets forth that the maximum permitted ground cover for a lot with over 5, 000 square feet of area will be the 1, 500 square feet provided by §139-33 .E (2) . Evidence was presented that the dwelling upon the Locus, as altered as proposed by the Applicants, would still be lower than the structure upon an adjacent lot . 5 . The Board first determined, by a UNANIMOUS vote, that_ the proposed alterations to the dwelling upon the Locus would intensify the nonconformity thereof, in that the size of the dwelling would be increased. 6 . The Board then made the FINDING under M.G.L. , §40A and By-law §139-33 .A, by a vote of four members (O'Mara, Williams , Waine and Angelastro) in favor, and one (Sevrens) opposed, tha the proposed alterations to the dwelling upon the Locus, as show: upon plans approved by the Historic District Commission i7 Certificate of Appropriateness No. 28 , 563 and the site plan attached hereto as Exhibit A, will not be substantially mor 2 detrimental to the neighborhood than the pre-existing nonconforming structure . 7 . The Board then granted a SPECIAL PERMIT under By-law §139-33 .A(5) , finding that the proposed extension of the existing nonconforming front face of the dwelling upon the Locus, nonconforming as to front yard setback, will not make the setback more nonconforming and the extension will not be substantially more detrimental to the neighborhood, by a vote of four members (O'Mara, Williams, Waine and Angelastro) in favor, and one (Sevrens) opposed. 8 . The Applicants then requested permission from the Board to withdraw their request for variance relief; the Board voted UNANIMOUSLY to permit the Applicants' withdrawal of this portion of their application, t(A '"Czi' o. Dated: , 1996 Mic.ael . O'Mara 1 RECEIVED .A d d1 ;L I' TOWN CLERK'S OFFICE % •. -ms NANTUCKET MA 02554 JUN 2 6 1996 ■ J . _ ' . 1 TIME: AT CLERK: 4a l Ange_as . o N ncy J. S'vre s f:\wp\small\llvillag.dec 3 EXHIBIT A I' ' i ZONING CLASSIFICATION: :(...c!.G.•- 3• EXISTING: MIN. AREA jzooOO S'F'• /5901 ..5.P MIN. FRONTAGE. FRONT YARD S.B.: . .�4'•F.7'• • REAR & SIDE S.8.: . F.0 f17-.7. • .. GROUND COVER (7.): •` .7r /4 -2 / $ P• s. /4. P. i 0 .5 . , Y/KC.6NT / /o p /: ,- !4 -3 A./,‘` P.K.& V.C. TV Ac.,C„o C K WAY N,o\I� �o • *.- /g-45 �� ON n O LS. w, sn-c A.A.:- �-r.3 -- , R2 i` CA P.K. &V.C. �� Tv,c.�.OC.�-c �`ZHyOF ,yA,r� : No�s'� /, , J o CHARLES O p ' ' �l! Pi' (0 P'V' 'P 14 (_, HART N , y,.. . �,�/�i V No.32489 -'2y. t `, '�ACISTERE� ‘' 44 '• s"/1'4I IAN()S'. .,i, d ■ fl -T0,95 w _q RIYAT 0.� 0 0. 0 01- Wucir_, TOWN OF NANTUCKET r BOARD OF APPEALS • *. PORAtI NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1 :00 P.M. , FRIDAY, MAY 3 , 1996, in the Selectmen' s Meeting Room, Town and County Building, Broad Street , Nantucket, Massachusetts , on the Application of the following: ARNOLD R SMALL AND JOAN P. SMALL BOARD OF APPEALS FILE NO. 028-96 Applicants are seeking a FINDING under M.G.L. , c. 4OA §6 and Nantucket Zoning By-Law §139-33A, that the alteration of the single-family dwelling upon the premises by increasing the ground cover from 938+ square feet, with a ground cover ratio of 5. 90+%, to 1 ,038+ square feet, with a ground cover ratio of 6 . 53±%, and converting the existing single-story dwelling to a one and one-half story structure, will not be substantially more detrimental to the neighborhood than the existing non-conformities . The Locus is non-conforming as to lot size, having a lot area of 15, 901+ square feet in a district that requires a minimum lot size of 120 ,000 square feet; as to ground cover ratio, having a ratio of 5. 90+% in a district that requires a maximum ground cover ratio of 3 .0%; and as to front yard setback, with the dwelling being sited 34.4+ feet at its closest point from Village Way in a district that requires a minimum front yard setback of 35 feet . Applicants further seek a SPECIAL PERMIT under Nantucket Zoning By-Law §139-33A(5) , for the extension of the westerly front, side of the dwelling in the same line as the existing structure , maintaining the front yard setback distance of 34.4+ feet from the front yard lot line. In the alternative, and to the extent necessary, the Applicants further seek VARIANCE relief from Nantucket Zoning By-Law §139-16A ( Intensity Regulations) in order to construct the alterations herein set forth. See Board of Appeals File No. 013-94 . The premises is located at 11 VILLAGE WAY, Assessor ' s Map 14, Parcel 46, Plan Book 15, Page 29 , Lot 1 . The property is zoned Limited Use General-III . P ,C' O ° J Michael J . O 'Ma a, Chairman BOA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 �i1 CY�1/n CASE No. CJ(�6 Gle APPLICATION FOR RELIEF Owner's name(s) : Arnold R. Small and Joan D. Small Mailing address: c/o Reade & Alger Professional Corporation Applicant's name: Same Mailing address: 6 Young's Way, P.O. Box 2669, Nantucket, Mass. 02584 Location of lot: Assessor's map and parcel number 14-46 Street address: 11 Village Way Registry Land Ct Plan, Plan Bk & Pg or Plan File 15-29 Lot 1 Date lot acquired: /F/1E Deed Ref 116/327 Zoning district LUG-3 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? Ds Building Permit appl'n Nos. Case Nos. all BoA applications, lawsuits: 013-94 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 x if Variance, 139-30A x if a Special Permit (and 139-33A x if to alter or extend a nonconforming use) . If appeal per 139-31A & B attach decision or order' appealed. OK to attach addendum The applicants request a finding under M.G.L., c. 40A, §6, and Nantucket Zoning By-law §139-33.A, that the alteration of the dwelling upon the premises, pre-existing the zoning by-law and nonconforming with Intensity Regulations under By-law §139-16.A, including front yard setback requirement of 35 feet (having setback of 34.4± feet from Village Way) and ground cover ratio (998± square feet upon this 0 -{ undersized lot with area of 15,901± square feet, for a ground cover ratio of 5.90%) , by increasing ground cover to about 1,038 square feet Fri D (for a ground cover ratio of 6.53%) , and converting the existing PC Z single-story dwelling to a one and one-half story structure, will not n -1 Z be substantially more detrimental to the neighborhood than the 'p C o existing nonconformities. For the zoning history of this lot, see n r Board of Appeals Case No. 013-94. The applicants further apply for n special permit relief under By-law §139-33.A(5) , for the extension of m) � ni the front side of the dwelling in the same line as the existing _, structure, maintaining the front yard setback of 34.4± feet. In the m alternative, and to the extent necessary, the applicants further apply U, D O for a variance from the Intensity Regulations in order to construct p -n the alterations herein set forth. 01n Items enclosed as part of this Application: order'_ addendum` _ (n Locus map x Site plan x showing present x + planned x structures Floor plans present _ proposed _ elevations x(HDC approved? No) Listing lot area x frontage x setbacks x GCR x parking data _ Assessor-certified addressee list 4 sets x mailing labels 2 sets x $200 fee payable to Town of Nantucket x proof3 'cap' covenant _ '(If an appeal, ask Town Clerk to send Bldg Comr's record to BOA.) I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of per ry. / SIGNATURE: ( . // Applicant — Attorney/agent x 3(If not owner or owner's attorney, enclose proof of authority) pp copies o FOR By OFFICE USE 16 Application co ies red: 4 or for aoja on by �J One copy filed with Town Clerk on itc--7 1.L,by f ' • complete? C.-/- One copy each to Planning Bd and Building Dept //2// / by 6_D $200 fee check given Tow asurer o Z ?Awaked? ved? - Hearing notice posted' k�W// mailed /f & M /is�Z _q/ Hearing(s) on _/_/ cont'd to / / , / / withdrawn? / /_ Decision due by / / made / / filed TC _/ / mailed _/_/_ See related cases lawsuits other f:\wp\small\04-96boa.app