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Home My WebLink About027-81-. ,', ~. 1 ~~ Town of Na~tBucl:et f,~-nin~ Uunr~l ~- f~ # jr',,,rrCK Nanttac~l<et, f~~aes. Q~25:°i~ Tune 30, 1981 Re: CLAIRE NIURRAY (027-$1~ ~~~~~~/ Ei~c:lr,~sed please find notice of a dec.isi.on of the f30ARD OF APPk:ALS which has this day been filed with t:he `Tr~wr~ Clerk. ?~.;,~~ a)~pE~al. ~ from this action :hall he rrrade pursuant t~~ Sectie~n :17 of Chapter 40A ~£ the General Laws, i;y,_~ ~~tial.l ire f.il~<i within t~r>z~ rrty (2t)) days after. ~~~ V~ ~ 6v.~,., ~~~ ~~~ ~~ ~ PF~°-Q ~~ ~a~ Itot;ert F. Mr,orrey, Chairman NAN`I'ilr.KFT F3C?AF~n OF APPEALS C S ~v~-~ 3~ NO"'ICF. A Public Hearing of the BOARD OF APPEP.LS will be held FRIDAY, JUD1E 5, 1981, at 3:00 P.M., in the TOWN AND COLTNTY BLTILDINC, FEDERAL AND BROP.D STREE"'S,NANTUCKET, on the application of CLAIRE MiTRPAY seeking relief from Parking requirements and a decision of the Building Inspector. Property is located at 29 Fair Street and Hillers Lane, and is zoned RESIDENTIAL/OLD HISTORIC. ~~~o ~ ~ ~-~ ~~~~ ,`~ BOARD OF APPF.P_LS `~ .~ --- ~~~ 6 `~- ~~~ Robert F. Moone~~, Chairman BOARD OF AP~EII.LS Nantucket, Pdassachusetts DECISION: T t a mc~Pting of the Board of Appeals held Friday, June 26, 19~?l, at 3: OO p.m. in the Town and County Building, in the matter of the ap;~lic;<~tion of CLAIRr MI)RRAY (027-81) , after due deliberation, the r~ ~~ ~~,-<~ i° c~~u nd ' 1. ~I'h:is is an appeal from a decision of the Building Inspector in ;re:Eusing a. Certificate of Occupancy for a dwelling on Hillers Lane ' in a district zoned Residential/Old historic, and also seeking re- ' .''lief from the parking requirements of the Zoning By-Law. The "~ applicant was before this Board in ] 979, at which time we ruled ';she cr~uld remove four old garage structures and build a single- 'fami.ly house as asecondary dwelling but not as an annex to her 'guest House. A building permit was accardi.ngly issued, calling for; '; priavid:ing five (5) off-street parking spaces. During the course I!of construction, part of the parking area was landscaped for the ";creation of a Shakespearean herb garden which eliminated two park- ''~ ing spaces. For tYii.s reason, the Building Inspector refused the certificate of occupancy for the. new building. 2. The Board has heard evidence from a previous occupant of this 'praperty for 40 years, ante-dating the Zoning By-Law of 1972, `that the old garage structures were not used as parking spaces for :'this F?roperty, which extends from Fair Street along Hillers Lane, but were, in fact, used for dead storage and winter storage of . '!znatar vehicles for other owners in the neighborhood. The Applicant :claims ghat no, more than one parking space should be required for the new building. A plan of the property recorded in 1978 in ` L~ool: 20,n Page 11, shows tlic~ old garages with adequate room for five (5) parking spaces between the garages and Hillers Lane. What is :'mare disturbing to the Board i.s the fart the Applicant submitted Flans and obtained a building permit upon the basis of providing five (5) parking spaces and then proceeded t.o eliminate two (2) 'F~arking spaces by installing an extensive landscaping project 'which co~zld not have been created by accident. The new garden is esthetically attractive and meets with the approval of many of the` c~ei.ghbors, but the removal of off -street parking can only add to t-he congestion a:~nd irritation of` the rest of the neighborhood . 3. Ilist.ori.cr~lly, Hillers Lane rnias, and still is a narrow, one-way lane l.or..ated in a fully--developed neighborhood of historic dwel- li.ngs. The lane itself was always used for garages and back lots for the adjacent properties on Charter Street and Darling Street. The recent construction of dwel.l.ings on Hillers bane has served to increase the congestion and traffic problems of the area. This Applicant, however, does have adqueate area to provide off-street ' parking on her property, and the Board .finds the Building Inspec- t or was cai:rect to require her t'c~ do so. 4. The Board is of the opinion that the requirements for parking ;paces must be adhered to in this case, but that the denial of ~: perm~3nent occupancy at this Lima i.s too drastic a remedy to impose because the hardship resul.tinq will be out of proportion to the ;situation, lae, therefore, rule that a tem orar Certificate of occupancy shall be issued for the new dwe3~or a period until SLptember 15, 1981, under Section 7-C-2-b, during which time the I~pl~~:l iccirlt shall submit further t>lans for an additional two parking >pac,~s on her property, sub_~ect to the approval of the Building Insj%c:~ct:.t:~C . I3efare the issuance of a Certificate of Permanent c7<:ei:~f~,anc;y, five (5) parking spaces shall be provided. BO I) 0~' APP ALS .R- . ------- . ~- ,s,~ ~~ ,,, ,, ,. AB-1 FEE Case No. APPLICATION TO THE LOARD OF A.PPEAZ,S Nantucket S - l~ " To the Members of the Board of Appeals: The undersigned hereby applies for relief from the terms of the ~ ' "' ' (ZONING BY-LAW) (BUILDING CODE) on property described below: Location of Property ~ `~..~C"~- S ~-.~~~ RC~{Z OF 2.~ FA~~2 ST Lot No. Plan No. District is Zoned for ~' d ~"~ Type of structure (Existing or Proposed) or proposed use: C~.~,Sl~~l~l^Cl'AL Owner's Name C. ~~`~ ~ ~V ~~-~y Owner's Address 2.Z F AL~ S ~ ~~~ ~ v LL~~T When did you acquire this property? \~011.~ Has application been filed at Building Department? ~tC S Has any previous appeal been made? N(~ Section of By-law or Code from which relief is requested: NON C~\vFO~.K\NG vSE ETECZ.t't\tV AZ ~0 N Or' AR\'«~~16 ~.4 T R..~Gty ~'RC'fi'lEly-I Reason for asking relief: \~ IVE~C-A "R~ 04'Ct~~N '~. C.C~z.~~F. o~F OCCuPA~C~ , ~WN~ LS \VOhI' WN~~RKIN~o uSE ~ lS E1LE-R~('T F'R-01'1 P~Rltlltl(. SPt~C4- 2 ~C,iV ~R C KEIV`C . t31.'DG . INSP , REFJSC S CNCT . uF oCCv~~(~,~vCY t3~c-~ SE - - - - C~v~ NC~L 12 E~ V ~-'~ S G (~CZ~ (~ E Signature of applicant `A'~\Z''. ~tNZ Cc.~ ~2 C- rt.U ~(uR~ 7 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 authority to make this application. 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