HomeMy WebLinkAbout039-82TOWD OI NAniUdcci
Zoning Itunrtt ~, j .~~,t,~~te
Nantucket Maee. 02554
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Enclosed please find notice of a decision of the
BOARD OF APPEALS which has this day been filed
with the Town Clerk.
Any appeals from this actic,n s11a11 be «uide
pursuant to Section 17 of Ghap~er 4f1A of the
General Laws, and shall be filed within twenty (2Gj
days after this date.
Kevin F. Dale, Ghairman
NANTUCKET BOARD OF APPEALS
BOARD OF APPEALS
Nantucket, Massachusetts
DECISION:
At a meeting of the BOARD OF APPEALS
held on Friday, January 7, 1983, in
the Town and County Building, in the
matter of the application of '~IILLIAM
KOHLFiEPP (039-82), the BO.A~~D finds:
1. This is an application for a use variance in order to use a
garage apartment as a secondary dwelling incident to a primary multi-
family dwelling situate at Union Street and a variance from Section
5.3 of the Zoning By-Law. The subject property is situate at 50 Union
Street.
2. Based on review of the application, supporting documents,
photographs and testimony at Public Hearing, the Board finds that the
applicant has failed to establish specific circumstances affecting his
propert;; but nat affecting generally property in tre R~~IDENTIAL~
COMMERCIAL District that would cause literal enforcement of the Zonirk;
By-Law to create a substantial hardship to the applicant, that any
adverse impact on the applicant, if any, was self-created, that the
applicant is permitted under the Zoning By-Law to conduct a
commercial use in hj.s garage, and that the. requested relief would
substantially derogate from the intention of the Zoning By-Law.
3. For the reasons set forth, the BOARD hereby DENLS the
applicant a variance from Sections 4-C-1-a and 5.3 of the Zoning
3y-Law, by unanimous vote.
Dated : Nant~_icket, Mass.
January/~" 1983
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130ARD OF APPEALS
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NOTICE
A Public Hearing of the BOARD OF APPEALS will be
held on FRIDAY, December 17, 1982 at 3s00 p. m., in the
TOWN AND COUNTY BUILDING, Federal and Broad Streets,
Nantucket, on the application of WILLIAM KOHLHEPP (039-82)
seeking relief from the provisions of SECTIONS 5-3 (Side
Lot Line Restriction) and 4-C-1-a of the Zoning By-Lax
in order to use a new garage apartment on property
containing a pre-existing, two family house. Property
is located at 50 UNION STREET and is zoned RESIDENTIAL
COMMERCIAL.
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BOARD OF APPEALS
Kevin F. Dale, Chairman
AB-1
FEE
Case No. ~~, ~~~-~
APPLICATIG?V TO THE BOARD OF APPEALS
To the Members of the Board of Appeals:
Nantucket
The undersigned hereby applies for relief from the terms of the
(ZONING BY-LAVJ) (BLIILDINO CODE) on property described below:
LO;,ation of Property Sn I In i nn St
Lot No. 2 Plan No. 55.1 .4
D1$tr1Ct is Zoned for Residential Commercial
Type of structure (E~isting or Proposed) or proposed use; Ar~artment
Owner's ~?ame t! i i 1 i am [3. Koh 1 hepp
Owner's Address 5o Union St.
When did you acquire this property? June, 1;32
Has application been filed at Building Department? Yes
Has any previous appeal been made? ido
Section of By-law or Code from which relief is requested: See att,~ched addendum
Reason for asking relief: The garage cannot be rented for its original
intended use as a woodworking shop. Zoning permits it, but the proposed r_enant
is not_in this business now. The only way to financially carry the property
is to rent it for the most agreeable use in the neighborhood. This seems to
t,~ an ~ ar n~ .n~for. mar-round use. ~~'s~nr innP~i ~n A~I~iPn~i~~~, ~
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Signature of applicant L ~~ '~~~~/~`'
ATTACH; (1) A list of the names and addresses of each abutting owner_ a~zd
owner abutting the abutters.
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~ (2) Check in the amount of made payable to the Town of
~opiCy ~,( Nantucket.
f~ ~~GG"" (3) Map or plan showi.~g.the location of the property to be
l considered.
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(4) If the applicant is other than the owner, please indicate your
authority to make thia ~.pplication.
BOARD'S DECISION
P,pplication submitted to Board
Advertising dates
hearing date
Iecision of Board _
Decision filed with the Town Clerk
Addendum
Section of By-law
Section 5.3 Side Line Set Back Requirements
Applicant seeks relief from this section in order to
construct an emergency stairway to a garage apartment to
within the 5 feet of lot line requirement.
Section 4 C l.a
Applicant seeks relief from this section to use a
second floor of a new garage as a dwelling unit on proper-
ty that includes a pre-existing 2 family house.
Continued from Application;
If the variance is granted it will not change the
character of the neighborhood, and it is the least departure from
zoning requirements that will solve the problem.
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