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Home My WebLink About061-96 ot4 ,�TUcke TOWN OF NANTUCKET s 3=' `I Ln BOARD OF APPEALS• IY�� A^ �400RAIV. NANTUCKET, MASSACHUSETTS 02554 Date : November - �, 19 96 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No . : 061-96 Owner/Applicant : BERNARD J. KOENIG AND ANN KOENIG, (Owners) , and for WILLIAM M. SULLIVAN AND SHEILA F. SULLIVAN (Contract Purchasers ) 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 . Michael • '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 . NANTUCKET ZONING BOARD OF APPEALS 37 Washington Street Nantucket, Massachusetts 02554 Assessor' s Map 42 . 3 . 2 , Parcel 191 Land Court Plan 33 Fair Street No. 25721-A Residential-Old Historic Certificate No. 16687 DECISION: 1 . At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, NOVEMBER 1, 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 BERNARD J. KOENIG and ANN KOENIG (Owners) and WILLIAM M. SULLIVAN and SHEILA F. SULLIVAN (Contract Purchasers) , c/o Reade & Alger Professional Corporation, Post Office Box 2669, Nantucket, Massachusetts 02584 , File No. 061-96 : 2 . The applicants are seeking a FINDING under M.G.L. , c . 40A, §6 , and Nantucket Zoning By-law §139-33 .A, that the proposed project as described below is not substantially more detrimental to the neighborhood than the existing structure, said to pre- exist the Nantucket Zoning By-law provisions with which it is said to be nonconforming. The applicants, contract purchasers, propose to construct upward alterations within the existing footprint of the single-family dwelling upon the subject property, including placing living space over a partially- enclosed porch which may or may not be considered as constituting ground cover, and an addition which will meet all dimensional setback requirements and, with removal of the existing structure, will not result in ground cover exceeding that of the present structure if the porch is considered as ground cover. The current ground cover is about 1, 303 square feet, for a ground cover ratio of 43 . 8± (or about 1, 391 square feet, for a ground cover ratio of 46 . 7+%, if the porch is included in the computation of ground cover) . The subject property is nonconforming as to lot size, having lot area of 2, 977± square feet in a district which requires minimum lot area of 5, 000 square feet; as to ground cover ratio, having in excess of the required maximum ground cover ratio of 30% for undersized lots; and as to side yard setback, with the structure being sited at zero feet from Darling Street in a district which requires a minimum side yard setback of five (5) feet . In the alternative, the applicants are requesting a SPECIAL PERMIT under Nantucket Zoning By-law §139-33 .A(5) , or a VARIANCE from Nantucket Zoning By-law §139-16 .A (Intensity Regulations) , for the same project . The subject property (the "Locus" ) is situated at 33 FAIR STREET, Assessor' s Map 42 . 3 . 2, Parcel 191, is the land shown upon Lanc Court Plan 25721-A, and is zoned as RESIDENTIAL-OLD HISTORIC. 1 3 . Our decision is based upon the application and accompanying materials, and representatio s a d testimony received at our public hearing. The Planning',;indic ted that it had no objection to the proposed relief . There was no support nor opposition presented at the public hearing. 4 . The applicants presented plans and photographs, showing a historic building with a more recent, but pre-zoning, addition surrounding three sides of a porch. Prior to the amendment to the Nantucket Zoning By-law definition of ground cover to exclude "unenclosed porches" in 1988 (deleted in 1989 and reinstated in 1990) , this porch was included in the computation of ground cover. There is no definition of "unenclosed" in the By-law, and the applicants urged the Board to consider the subject porch, enclosed on three sides but only by a railing on the fourth side, to be considered as not being "unenclosed" . The applicants, contract purchasers, propose to remove the porch and the addition which adjoins it, as well as a bulkhead entrance, and construct an addition, conforming as to setbacks, which will leave ground cover at the level it now has if the porch is included (or increase it, if the porch is excluded from this calculation) ; certain other alterations within the existing footprint, including upward extension, will be included. Plans showing these changes have been submitted to and approved by the Nantucket Historic District Commission, Because the structure upon the Locus already exceeds the ground cover of 30o allowed upon this undersized lot, the alteration of the structure, under the Goldhirsh decision, requires findings as to (a) whether the proposed alteration will intensify any zoning nonconformity, and (b) if so, whether the proposed alteration will be substantially more detrimental to the neighborhood than the pre-existing nonconformities . 5 . The Board of Appeals found that, in the absence of clarification as to the definition of "unenclosed" in this context, that the subject porch should be considered as not being included in the calculation of ground cover. On that basis, the Board found, by UNANIMOUS vote, that the proposed alterations would intensify the existing nonconformity of the conditions existing upon the Locus . The Board then found, by a vote of four members (O'Mara, Williams, Waine and Hourihan) in favor, and one (Sevrens) opposed, that the proposed alterations to the structure upon the Locus, as set forth and conditioned herein and as shown upon the plans submitted to and approved by the Nantucket Historic District Commission in Certificate of Appropriateness No. 29397, will not be substantially more detrimental to the neighborhood than the pre-existing nonconformities . 6 . The relief hereby granted is conditioned upon the performance of the proposed alterations in substantial conformity with the plans submitted to and approved by the Nantucket 2 Historic District Commission in Certificate of Appropriateness No. 29397 . .\Liii... ." Dated: November . 2�; 1996 M hale' J O'Mara /n Will ' ams ,- Dale W. Waine 'HIV -C n c , t �t1) -2---- William P. H rihan, Jr. t 1p Nancy N J( Sef v.ren� (s <<ASS--- f:\wp\sullivan\william\33fairst\boa06196.dec RECEIVED TOWN CLERK'S OFFICE NANT(';`.-c--T- r A F:, n2554 NOV 22 1996 TIME:_____ ._1 PM CLERK: , 3 a001/44.1. TOWN OF NANTUCKET ki -� �- • BOARD OF APPEALS • yc 0'4PoRA1l0' NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1 : 00 P.M. , FRIDAY, NOVEMBER 1 , 1996 in the Selectmen' s Meeting Room, Town and County Building, Broad Street , Nantucket, Massachusetts , on the Application of: BERNARD J. KOENING AND ANN KOENING, OWNERS AND FOR WILLIAM M. SULLIVAN AND SHEILA F. SULLIVAN, CONTRACT PURCHASERS BOARD OF APPEALS FILE NO. 061-96 Applicants (Sullivans) are seeking a FINDING under M.G.L. c . 40A, §6 and Nantucket Zoning By-Law §139-33A, that the proposed project is not substantially more detrimental to the neighborhood than the existing structure . Applicants propose to construct upward alterations within the exiting footprint of the said to be pre-existing single-family dwelling upon the Locus, including placing living space over a partially-enclosed porch which may or may not be considered as constituting ground cover, and an addition which will meet all dimensional setback requirements and, with removal of a portion of the existing structure, will not result in ground cover exceeding that of the present structure if the porch is considered as ground cover . The current ground cover is 1 , 303+ square feet or 43 . 8+% ground cover ratio ( 1 ,391+ square feet , if the porch is included, or 46 .7+%) . The Locus is non-conforming as to lot size, having a lot area of 2 ,977+ square feet in a district that requires a minimum lot size of 5,000 square feet; as to ground cover ratio, having in excess of the required maximum ground cover ratio of 30% for undersized lots; and as to side yard setback, with the structure being sited at zero feet from Darling Street in a district that requires a minimum side yard setback of five ( 5) feet . In the alterative, Applicants are requesting a SPECIAL PERMIT under Nantucket Zoning By-Law §139-33A(5) , or a VARIANCE under Nantucket Zoning By-Law §139-16 (Intensity Regulations) , for the same project . The premises is located at 33 FAIR STREET, Assessor' s Map 42 . 3 . 2 , Parcel 191 , Land Court Plan 25721-A. The property is zoned Residentiallvoric. TOWN CLERK'S OFFIrE NANTUCv�T ""'^ 02554 11511\;(-- OCT 16 1996 Michael J. O'Ma , Chairman TIME:. CLERK: • ADDENDUM The applicants request relief in the form of a finding under M.G. L. c . 40A, §6 , and Nantucket Zoning By-law §139-33 .A, in order to construct upward alterations within the existing footprint of the pre-existing, nonconforming single-family dwelling upon the Locus, including placing living space over a partially-enclosed porch which may or may not be considered as constituting ground cover, and an addition which will meet all dimensional setback requirements and, with removal of a portion of the existing structure, will not result in ground cover exceeding that of the present structure if the porch is considered as ground cover . Present ground cover is about 1, 303 square feet, or about 43 . 8% (1 , 391 if the porch is included, or about 46 . 7%) , of the Locus, which is an undersized lot containing about 2 , 977 square feet in a district requiring 5 , 000 square feet ; maximum permitted ground cover for an undersized lot is 30% . The Locus is nonconforming as to lot area, ground cover ratio, and side yard setback from Darling Street, where five feet are required and actual setback is zero. In the alternative, the applicants request a special permit under By-law §139-33 .A(5) , or a variance under By-law §139 . 32 , for the same project . Q i f:\wp\sullivan\william\33fairst\boa0l.add • L\ - ' Si.MLS\[•7-::::,:ise:c.:0: ' • sas `• MO° L ■N b •-• • apt t •0 S •■ • ‘11311111 I 110 w —1- 1°.. �- r K S. ►- r f+ N ' 00 • gE T j LANE Sta I `Os • Ilk%- gG ,1 W w K SS F v1 t `1t ` ++• s ' • CE£ g 11 OM tie t silk i's G 0 ad -.i ° . r 06 , 0101Pli+a 1 oh M6 a' vs 1%.-S 1 p LJjet.! tt. . I S 1+• 1's I VV)... 006• s� �r t i lE tts g s ).in • $ i ■ + 0 AI .• •y', SES 11 .9.t_/0/ a yam JM � 44 `�s 4:r 011 +� S ,01-94' f p M°. 1;. ■o' 4. N�a� •t SSaE1 .0 NA 1�1LL O 1F9� waft � t,N 1N •, qy� .a AI rn S� •s /!1 o •z3.7 91- Akih,_ yi- 3a F a7.. dir �1 rte w N . .. 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