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HomeMy WebLinkAbout013-97 ot'-, UC TOWN OF NANTUCKET • •��a - BOARD OF APPEALS • %Iwo' NANTUCKET, MASSACHUSETTS 02554 Date: March / 7 ' 1997 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. : 013-97 Owner/Applicant:, MARJORIE E . HOGAN 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 . 7.fic,.0 \A . Chairman Michael Mara 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 29 , Parcel 53 70 Hulbert Avenue Deed Book 516 , Page 191 Residential-1 DECISION: 1 . At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, February 14 , 1997 , 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 MARJORIE E . HOGAN, c/o Reade & ALger- Pressional Corporation, Post Office Box 2669 , Nantucket, Massachusetts 02584 , File No. 013-97 : 2 . Applicant is seeking a FINDING pursuant to Mass . Gen. Laws c . 40A, §6 , and Nantucket Zoning By-law (the "By-law" ) §139- 33 .A that the alteration of a pre-existing, non-conforming structure will not be substantially more detrimental to the neighborhood than the existing non-conforming structure . Applicant proposes to add dormers within the footprint of a single-family dwelling, said to pre-exist the effective date of the By-law, on a portion of the existing roof that is above the maximum height allowed of 30 feet but not to exceed the existing roof ridge height of 34 . 25± feet above mean grade . In the course of construction, the existing dwelling will be moved from the present foundation and will be reinstalled upon a new foundation in its current location, without increase in the maximum ridge elevation of 34 . 25± feet above mean grade . Other additions to the existing structure will maintain the required setback and maximum height requirements . The locus is also non-conforming as to setback, with the dwelling being sited 7± feet from the easterly lot line (Dix Street) in a district that requires a minimum setback from all streets of ten (10) feet . In addition or in the alternative, Applicant seeks a SPECIAL PERMIT under By- law §139-33 .A to complete the project as proposed. See also Board of Appeals Case No. 023-96 . 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 516 , Page 191, 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. One neighbor opposing the application was represented by counsel at the public hearing, who stated that the widow' s walk and dormers would be intrusive and infringe upon the privacy of his client ' s property. 4 . Applicant informs us that the dwelling upon the Locus has existed since a time prior to the 1972 effective date of the By-law. The prior owner of the Locus investigated the possibility of demolishing the dwelling, but the Nantucket Historic District Commission (the "HDC" ) indicated that it strongly prefers that the existing dwelling be preserved. Accordingly, Applicant, as the current owner, has proceeded to appear before the HDC and has secured approval from the HDC for the alteration of the dwelling, in its existing location, by the addition of new dormers which will be over the maximum permitted height of 30 feet but will not be higher than the pre-existing, non-conforming height of the existing dwelling of about 34 . 25 feet . The plans also call for the addition of a roof walk. The effect of these changes will be that the dwelling will maintain the--same_overall height _above grade of about 34 . 25 feet, The plans, which have been approved by HDC in its Certificate of Appropriateness No . 29546 , further show that two additions will be made to the footprint of the existing dwelling; however, these additions do not require relief from this Board and, thus, are not part of the application. In the course of construction, the dwelling will be temporarily relocated on the site, so that a new foundation, in accordance with current building codes, may be installed and the dwelling relocated upon it . 5 . The Board expressed concerns about the addition of a roof walk to the dwelling and found that, in the course of constructing the new foundation, the location of the dwelling upon the locus could easily be shifted to bring the dwelling into conformity with all setback requirements of the By-law. Accordingly, the relief granted herein is upon the condition that the roof walk be eliminated, and no relief is granted as to setback. 6 . The Locus was before this Board in connection with a substantially different application in its Case No . 023-96 , in which case the requested relief was granted to Applicant ' s predecessor in title . That application contemplated- the relocation of the dwelling upon the Locus by its then owner. An appeal from that decision was brought by an abutter, which appeal is still pending. Applicant stated that she has no current intention of pursuing the relief which is the subject of that appeal . 7 . Based upon the foregoing, the Board finds that the dwelling upon the Locus pre-exists the By-law; and 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 non-conformity of the Locus . 8 . The Board further finds that the proposed alteration of the dwelling is not substantially more detrimental than the existing non-conforming structure to the neighborhood and that it 2 is in harmony with the general purpose and intent of the By-Law, subject to the conditions set forth in this decision. 9 . Accordingly, by UNANIMOUS vote, the Board votes to GRANT the requested relief by SPECIAL PERMIT under By-Law §139-33 .A to allow the proposed alterations to the dwelling (but not to allow the continuation of the non-conforming setback from Dix Street) upon the following conditions : a . The proposed roof walk shall be eliminated, and the proposed alterations shall not involve any addition to the dwelling which is higher above grade than the existing ridge height of 34 . 25± feet . -. . b�_ _No . exterior construction pursuant to _ this application shall be performed upon the dwelling between Memorial Day and Labor Day of any given year. c . The dwelling shall be relocated or otherwise modified so that it conforms with all setback requirements in the Residential-1 zoning district . Dated: March 1? , 1997 \\)■-kke Mil: haeAllgt l rra �-J n 4, L . O'Mara 1/, w Linda `Tr , s Addlel■ jEdy6a*% . "111/111 ME Dale W.`Waine 1A-Cr\A,Jyv„---- William P. Hourihan, Jr 7-- f:\wp\hogan\marjorie\21497boa.dec RECEIVED TOWN CLERK'S OFFICE NANTUCKET nAq 02554 MAR 19 1997 TIME: 3- 3c nn� 0 525-r CLERK: S (36GE- ------------------- 3 o„amuck. TOWN OF NANTUCKET 0 � ZONING BOARD OF APPEALS �ogPoRA7�o;.� 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1 : 00 P.M. , FRIDAY, FEBRUARY 14, 1997, in the Selectmen ' s Meeting Room, Town and County Building, Broad Street , Nantucket, Massachusetts , on the Application of: MARJORIE E. HOGAN BOARD OF APPEALS FILE NO. 013-97 Applicant is seeking a FINDING pursuant to MGL ch. 40A, §6 and Nantucket Zoning By-Law §139-33A that the alteration of a pre-existing non-conforming structure will not be substantially more detrimental to the neighborhood than the existing non-conforming structure . Applicant proposes to add dormers within the footprint of a said to be pre-existing single-family dwelling on a portion of the existing roof that is above the maximum height allowed of 30 feet but not to exceed the existing roof ridge height of 34 . 25+ feet above mean grade . In the course of construction, the existing dwelling will be moved from the present foundation and will be reinstalled upon a new foundation in its current location , without increase in the maximum ridge elevation of 34. 25+ feet above mean grade. Other additions to the existing structure will maintain the required setback and maximum height requirements . The Locus is also non-conforming as to setback, with the dwelling being sited 7+ feet from the easterly side yard lot line (Dix Street) in a district that requires a minimum side yard setback of ten ( 10) feet . In addition or in the alternative, Applicant also seeks a SPECIAL PERMIT under Nantucket Zoning By-Law §139-33A to complete the project as proposed . See also 0133-96 . The premises is located at 70 HULBERT AVENUE, Assessor ' s Map 29 , Parcel 53 . The property is zoned Residential-1 . RECEIVED TOWN CLERK'S OFF:CE NANTLIr'v' ''m'\w'1 02554 ke 0 01\00. JAN 28 1997 Michael J . 'Mara , Chairman TIME: CLERK: BOA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 � G CASE No()(-3 APPLICATION FOR RELIEF Owner's name(s) : Marjorie E. Hogan Mailing address: c/o Reade & Alger Professional Corporation Applicant's name: Same Mailing address: 6 Young's Way, P. O. Box 2669, Nantucket, MA 02584 Location of lot: Assessor's map and parcel number 29-53 Street address: 70 Hulbert Avenue Registry Land Ct Plan, Plan Bk & Pg or Plan File No. Lot No. Date lot acquired: 10/2/96 Deed Ref 516/191 Zoning district RR=1 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? _ Building Permit appl'n Nos. Case Nos. all BoA applications, lawsuits: 023-96 and appeals therefrom 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 _ if Variance, 139-30A _ 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 addendum2 The applicant wishes to alter the pre-existing, nonconforming dwelling upon the subject property, nonconforming as to elevation above mean grade, having maximum height at the ridge of the roof of about 34.25 feet with the maximum permitted by the By-law being 30 feet above mean grade, and as to side yard setback on the easterly (Dix Street) boundary, with the actual setback being about seven feet and minimum setback from a street line in the Residential-1 zoning district being ten feet, by adding dormers within the existing footprint, exceeding 30 feet in elevation but not exceeding the overall existing maximum height of about 34.25 feet. In the course of construction, the existing dwelling will be moved from the present foundation and will be reinstalled upon a new foundation in its existing location, without increase in the maximum ridge elevation of about 34.25 feet above mean grade. Other additions to the existing structure will maintain the required setback and maximum height requirement. The applicant requests a finding and special permit under M.G.L. , c.40A, §6, and Nantucket Zoning By-law §139-33.A, that the proposed work will not be substantially more detrimental to the neighborhood than the existing nonconformities. Items enclosed as part of this Application: order'' _ addendum` Locus map x Site plan x showing present x + planned x structures Floor plans present _ proposed _ elevations x(HDC approved? Yes) Listing lot area x frontage x setbacks x GCR x parking data x Assessor-certified addressee list 4 sets x mailing labels 2 sets x $200 fee payable to Town of Nantucket x proof; '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'ury. SIGNATURE: /7Jz , , If-,. - Applicant _ Attorney/agent x 3(If not owner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE Application copies rec'd: 4 (///Or for ��Bi^o-A� on �/�r) by l One copy filed with Town Clerk on I /2-V./Cr) by complete. v One copy each to Planning Bd and Building Dept ONO / by � $200 fee check given Town T easurer on l /lV Q-) by .,waived? Hearing notice posted 1/(!iL' mailed L/?�/1 I & M //3OiL', �'1G/ ) Hearing(s) on _/_/_ cont'd to _/ / , /_/ withdrawn? /_/_ Decision due by / / made / / filed TC _/_/_ mailed _/_/_ See related cases lawsuits other f:\wp\hogan\marjorie\70hulb01.app 1 • \ • '1 t I 7faN Or NANTUCKET J+ . I 1 • 16.3• I • it ii: TOWN OF NANT UCKCT vI �• 2 1 11.9 A / • • IO .51'''' W 4f- 4., r Q 42-'',,,,,,,` $. I• L B 4 fRT 1.0 A • 4 100,4,„ OWN OF 1.SA RNTUCKET 2 Wat. '2 1 + . 1.9♦ 2 F.. Q o TJ 1st*dE� TOWN OI MANTUCJCET P,'; 0 . NUC B�;11 7 a I®? 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