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HomeMy WebLinkAbout039-78 c 3CJ - 725 j. BOA-Till OF APPEMS Nantucket, Massachusetts DECISION: At a regular meeting of the Board of Appeals held January 16, 1979, in the Town Building, in t.c~e matter of the Petition of FOBERT C. r-.1URRAY and A1'JNA C. l\'\UPMY (039-78), after due deliberation, the Board found: 1. The Petitioners reguest a Special Permit to extend a non-con- forming use under Section VIII-H-3 of the zoning By-Law'. They o.-m property on A.tlantic Avenue, Lot 1 on Plan Book 20, Page 35, con- sisting of 61,554 sguare feet of land, ~tJhich prior to 1972 contain- ed four rental cottages. They seek to add four additional cottages for rental purposes. The area is zoned RESIDENTIAL-l. 2. The Board finds the property is located on the edge of To.-m, bounded on two sides by land of lOll density and having public sa.~ool property located across Atlantic Avenue. It is an area of potential Tcwn growth and t."'1e public ~/ray carries heavy traffic during school sessions as well as serving as the main road to Surfside. Under t.l1e circumstances, a m::xlerate extension of the present usage vJOuld not be substantially IIDre detrimental to the neighborhood than the existing use. 3. The Special Permit is granted for t.he construction of no IIDre than two (2) additional rental cottages on Lot 1, Plan Book 20, Page 35, upon t."'1e follcwing conditions: a) The cottages constructed shall confonn to all ot."'1er requirerrent..c:; of the Zoning By-Lav.l and building code, and each be provided with one parking space. b) This Special Permit shall expire '^lith.in one (1) year extended by t.l1e Board of Appeals within that perioo. 4. The Special PerI':'i t is granted v.1i th t.l1e above provisions ty c. unanlirous vote of the Board. \<...~'-~'-lt ~ ~.. ...~,\..."\'\ ~ \.~ ~ l.s ~ . ~~~~ BOA..."RD OF APPEl\IS /l rrl' " /r:441/tf rJ It en ,1 /~ Q&-Q, u:r ~~AclZ ~/:-. _.i -.\ "'J ';/ \ ,,) (--"AI / ./ f ..~.. -L-.lL,z~",/ ',y ~- . ./VL.~:'t-?'-C-'-7'-..- NOTICE A public ~earing will be held Dece~ber 19, 1978, at 8:00 p.m. at the TOTAl1\! AND COUNTY BTJILDING, BROAD and FEDERAL STREfrrS, N,n.N'!'UCKFT, MP.SS., on the t>eti tion of ROBERT C. and ANNA C. ~111'RRAY to he granted a variance and exception from SEC. VIII - H, 3 of the protective Zoning By-Law of the '!'own of Nantucket. If granted, the special p0r~it will ~llow the construction of four (4) addiLioni11 cotti1(l('S on lan(~ on l\tlantic Avenue in Nantucket, M~ssachusetts. The sai~ premises dre zoned RESIDFN'l'IAL-l. Board of J\poeals Pobert f.". Mooney O. Edward Hycle Judith Bartsch I' /) /!, I K' / 1 /" . I /. t{ ~,~ ''>/'7 .; !) / / L ," . / : /I" / , / ),., ; ,~L ( ~t. /! h .~~~I I''.J.A 'I' i j.t it / Jjfc:...t.. ~~~~-~'FEE~ ,. ",""-,,,,~~,w''''''~''''''''''''''W,,",-,,;,,-,,,,",,.'r'-'''''_''''''l'''~r;C;'~~~"~"F'''''''''_''''''''''''''1~ APPLICATION TO THE BOARD OF APPEALS Nantucket November 31,1978 To the Members of the Board of Appeals: The undersigned hereby applies for relief from the terms of the (ZONING BY-LA W) (BUILDING CODE) on property described below: -'i~\ \--\ \;// Loc~ertYWesterlY side of Atlantic Avenue (Surfside Rd) Lot No. Lot 1 Book 20 Page 35 Plan No. District is Zoned for R-1 Type of structure (Existing or Proposed) or prG__duS,tl~ -Cot-:t.aqes Owner's Name Robert C & Anna C Murray Owner's Address AtlaJitic ~ven\i1e'.f;~a~~~k~~f~ 025"'54 When did you aC<luiretJ:I)jjS)I!p~~e~~?8,@liI~ '[4-0;'P4ifE!i 301 Has application been filed at Building Department? NO Has any previous appeal been made? NO Section of By-law or Code from which relief is requested: VIII-H,3 Reason es Special ~...~ ;0'~'j.i~' sig'nature of apPlicant~\<~~( 1 ~1 ATTACH: (1) A list of the names and addresses of each abutting owner and owner abutting the abutters. (2) Check in the amount of $50.00 made payable to the Town of Nantucket. (3) Map or plan showing the location of the property to be considered. (4) If the applicant is other than the owner, please indicate your ..Jlmb-QJ:W;:f~-;c~~;~_n,- -,~ ~ BOARD'S DECISION ApplicatJpJ;lsubmittec;l to Board Ac;l\v~:~tj~gdates: !r~t f lc)/;;}.. Hearmg date Ie 1 Decision of Board Decision filed with the Town Clerk \.~~ ~~~~ ~\~ll~ ~,~~ ~~~~~ In the matter of Robert C. Murray, et ux (039-78), Attorney Michael Driscoll appeared for the petitioner and stated the Murrays wish to expand a non-conforming use on land on Atlantic Avenue. The property presently contains four rental cottages and they would like a Special Permit to add an additional four cottages for rental purposes. He stated this use would not be substantially more detrimental to the neighborhood. He also stated it was uneconomical to operate at the present capacity of four cottages due to the increasing maintenance cost in relation to the potential return. He also mentioned the possibility of providing winterized cottages for school teachers in the area. Mr. Murray also spoke in favor of his petition. The Board requested the size and location of the buildings. Mr. Wayne Jacquith commented in opposition that four cottages and an additional house would be an excessive request 1n light of the notice relating to four cottages only. There were no other speakers and no correspondence except a letter from the Planning Board recommending unfavorable action on the Special Permit. The Board requested Mr. Driscoll to submit plans showing the size and location of the proposed buildings. The Board then took the matter under advisement, the plans to be submitted by Decerober 30, 1978. In the matter of the petition of William Yarmy (038-78), Mrs. Cahoon retired from the Board and Associate Member, John L. McLaughlin sat on the Board. The petitioner was represented by Attorney Richard Glidden who requested a variance to construct a house off Pocomo Road on Lot 20, Land Court Plan No. 16220-A, which house would exceed the allowable ground cover under Section V. The allowable ground cover of this one-acre lot is 1,429 square feet, and the house requested would cover 2,784 square feet. The petitioner is suffering a hardship in that he is being deprived of the proper use of his property. He has owned this land since 1974 and has recently sold his home in Sconset. Although the house will exceed the ground cover by a substantial amount, the majority of this excess is accounted for by the pro- posed garage, which will have no living area or plumbing facilities. He stated that the Board has traditionally excluded garages from computations of ground cover. In addition, the property is located in a sparsely populated neighborhood and is bounded on two sides by property will be preserved for conservation purposes. It was noted that the 3-acre zoning applicable to the majority of Pocomo permits only a 3% ground cover, which creates an unusually small hou~e on a l-acre lot. There were no persons heard in opposition to the petition. Letters were received in support of the petition from Nantucket Planning Board, Christine Carter, Albertand Amy Brock, and John and Loretta Mendonca, being all the immediate neighbors of the property. , . _~L .L.t..._ __~;-I.~,.."... ",...,.,or ;:!nv;!=:~ment.