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HomeMy WebLinkAbout052-96 . O5Z - 96 oA ore, TOWN OF NANTUCKET o �� BOARD OF APPEALS 1.00 _ter_ 4PoRAIt9' NANTUCKET, MASSACHUSETTS 02554 Date: October 31 , 1996 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. : 052-96 Owner/Applicant: STEPHEN J. KOTALAC 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 . 0 • Mich 1411i .. , O'Mara 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 . o,pNTUCkt TOWN OF NANTUCKET hi • Y . M BOARD OF APPEALS pon t60' NANTUCKET, MASSACHUSETTS 02554 Assessor' s Map 67 20 Pine Grove Lane Parcel 392 Land Court Plan 26439-0 Residential-10 Lot 61 Cert . of Title 16 , 975 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1 : 00 P.M. , Friday, October 4 , 1996, in the Selectmen' s Meeting Room, Town and County Building, Broad Street, Nantucket , MA, on the Application of STEPHEN J. KOTALAC, of P.O. Box 2309, Nantucket MA, 02584 , Board of Appeals File No. 052-96 , the Board made the following Decision: 1 . Applicant is seeking relief by VARIANCE pursuant to Nantucket Zoning By-Law §139-32A from the requirements of Nantucket Zoning By-Law §139-2 (definitions) and §139-17A (Height Limitations) . Applicant proposes to construct a duplex dwelling on a Locus that contains an existing foundation, with a front elevation above mean grade of twenty-six ( 26) feet and a rear elevation above mean grade of thirty-six ( 36) feet . The By-Law allows a maximum height of thirty ( 30) feet . The premises is located at 20 PINE GROVE LANE, Assessor ' s Map 67 , Parcel 392 , Land Court Plan 26439-0, Lot 61 . The property is zoned Residential-10 . 2 . Our Decision is based upon the Application and materials submitted with it and the testimony and evidence presented at the Hearing. The Planning Board made favorable recommendation on the grant of Variance relief given the topographic constraints on the lot and the lack of visibility of the proposed structure. There were no letters in the file . The Building Commissioner spoke in favor of the relief . 3 . Applicant, through his attorney, represented that the Lot contained an existing foundation when he purchased the property. The foundation was constructed prior to the change in the By-Law several years ago that changed the method by which "mean grade" was calculated . Applicant further represented that the proposed duplex dwelling would have met the By-Law requirements at that time and now the same design would not . The Lot slopes downhill very sharply on one side of the foundation making any two-story duplex structure having a height of more than 30-feet , with the front of the structure under the maximum height allowed of 30 feet . The Historic District Commission has approved the plans by issuance of Certificate of Appropriateness No. 29,009 in July of 1996 . The structure would meet all other intensity requirements for the Residential-10 district in which the Locus is situated . 4 . The Board finds that the proposed duplex structure would have a front elevation above mean grade of twenty-six ( 26) feet and rear elevation above mean grade of thirty-six ( 36) feet with the land itself falling off in elevation from twenty-seven ( 27) feet , more or less , at the front of the Lot, to nineteen ( 19) feet , more or less, in the rear yard and that there is an existing foundation that was built in conformance with a previously issued Building Permit . Prior to the amendment to Nantucket Zoning By-Law §139-17 the average of the four (4) sides of a structure would be averaged to arrive at the height of that structure . Under the current By-Law, should one ( 1 ) side exceed the maximum of thirty ( 30) feet, the structure would be deemed in violation of said By-Law. The original structure was designed to meet the By-Law at the time and Applicant has received permission from the Historic District Commission to construct the same building. Therefore, the Board further finds that owing to circumstances relating to the soil conditions , shape or topography (the sharp sloping of the Locus) of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located , a literal enforcement of the provisions of this Zoning By-Law would involve substantial hardship, financial or otherwise , to the Applicant , and the desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such By-Law. 5 . Accordingly, by a unanimous vote, the Board GRANTS the requested relief under Nantucket Zoning By-Law §139-2 and §139-17A to allow construction of a duplex structure that would exceed the thirty-foot height limitation on the rear elevation upon the following condition : a . The duplex structure shall be constructed in substantial conformance with the plans as approved by the Histori Dis rict Commission in Certificate of Appropriateness No . 29,009 . Dated : October 31 , 1996 ' Mic-a- , . O'Mara RECEIVED } TOWN CLERK'S Om' 1 W! NANTUCKET ,nA'N 02; ,4 OCT 31 1996 Li?3,41,a F( Wil Tams TIME: 501 PA-I j4 i I f■`ri r CLERK:____ (, •ob•rt . Leichter J A 1 ! v 11= le W. sine Edward Toole apt-more?, TOWN OF NANTUCKET d BOARD OF APP EALS • =� - ORAL 99 4 NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1 : 00 P.M. , FRIDAY, OCTOBER 4 , 1996, in the Selectmen' s Meeting Room, Town and County Building, Broad Street , Nantucket , Massachusetts , on the Application of: STEPHEN J. KOTALAC BOARD OF APPEALS FILE NO. 052-96 Applicant is seeking relief by VARIANCE pursuant to Nantucket Zoning By-Law §139-32A from the requirements of Nantucket Zoning By-Law §139-2 (definitions) and §139-17A (Height Limitations) . Applicant proposes to construct a duplex dwelling on a Locus that contains an existing foundation, with a front elevation above mean grade of twenty-six (26) feet and a rear elevation above mean grade of thirty-six (36) feet . The By-Law allows a maximum height of thirty ( 30) feet . The premises is located at 20 PINE GROVE LANE, Assessor ' s Map 67 , Parcel 392 , Land Court Plan 26439-0, Lot 61 . The property is zoned Residential-10 . Michael J . O 'Mara , hairman THIS NOTICE iS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE CALL (508) 228-7215 . 0.-- ) BoA Form 2-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 THEODORE L. TILLOTSON, P.C. One Freedom Square ASSESSOR'S LIST OF PARTIES IN INTEREST P.O. Box 1530 Nantucket, MA 025541530 PROPERTY OWNER: Stephen J. Kotalac (formerly James D. Mauser) APPLICANT FOR RELIEF (SAME? Yes ) : ADDRESS OF PROPERTY: 20 Pine Grove Lane * ASSESSOR'S MAP - PARCEL: 67 - 392 LIST OF PARTIES INCLUDING ADDRESSES* (OR SEE ATTACHED ) : SEP - 51995 I certify that the foregoing (or the attached ) lists all persons, natural or legal , who are owners of abutting property, owners of land directly opposite on any public or private street or way, and abutters of the abutters and all other land owners within three hundred feet of the property line of Owner' s property, as they (and their address) appear on the most recent applicable tax list [per M.G.L. c. 40A, Section 11 and Zoning Code Chapter 139, Section 139-29D(2) ] . / 40 September \I , 1996 7 AV . ...: \ AA _ Date • sses orb Town of Nantucket *NOTE: Applicant (petitioner) should include with the lot for which zoning relief is sought, any commonly-owned abutting lots which might become involved in the zoning matter. List map and parcels for each abutter.