HomeMy WebLinkAbout039-78
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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.
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BOA..."RD OF APPEl\IS
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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
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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:
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\--\ \;// 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
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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
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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
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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.
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