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
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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
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