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
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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.