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HomeMy WebLinkAbout018-85G02Poh/ �ale.L/��d� rele T- e2 TOWN OF NANTUCKET 0 /`� � �� BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 March 25, 1985 Re: GORDON D. PORTER AND ADELAIDE K. PORTER (018 -85) Enclosed, please find notice of a decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Any appeal from this action shall be made pursuant to Section 17 of Chapter 40A of the General Laws, and shall be filed within twenty (20) days after this date. William R. Sherman, Acting Chairman BOARD OF APPEALS TOWN OF NANTUCKET i NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on WEDNESDAY, MARCH 13, 1985 at 1:30 p.m. in the Town and County Building, Nantucket, rendered the following decision in the Application of GORDON D. PORTER AND ADELAIDE K. PORTER (018 -85) whose address is 4 Crocus Lane, Unionville, CT 06085. 1. This is an Application for a SPECIAL PERMIT, or in the alter- native a VARIANCE, affording relief from SECTION 5.1 of the Zoning By- Law limiting ground cover ratio. Applicants seek to build a secondary dwelling under the provisions of Section 4A.l.b, as permitted in the RESIDENTIAL OLD HISTORIC District of the premises by Section 4B.1.a. 2. Applicants represent that Planning Board approval has been obtained under Subsection (7) of Section 4A.l.b. In this proceeding, we are not asked to consider other than Subsection (3) but we question whether Applicants' proposal qualifies under Subsection (2), see first sentence, as well as Subsection (4). In justifying absense of any set- back of the secondary dwelling from Shell Street, Applicants'attorney explained that they elected to regard the lot as fronting on Shell Street, no front -yard set -back being required in the dist�ct. For zoning purposes, such an election is permissible but must thereafter be con- sistently respected. The principal dwelling has an address of 2 CENTRE STREET, SIASCONSET, Lot 73.2.4 -2, Plan Book 22, Page 1102 with front entry on that street and pre- existing non - conforming set -backs on back and north sides. If the lot, by election, fronted on Main Street,Sub- section (2) might be satisfied but the Shell Street set -back require- ment of Subsection (4) would not be met. 3. The secondary dwelling, as proposed by Applicants, is a cottage for family use, a single - family residence, likely occupied only in season when Applicants are in residence in the principal dwelling. The ground cover of the proposed cottage would, we were told, bring the total to about 600 square feet in excess of the 30% ratio permitted on the 3866 ( ?) square foot lot. The principal dwelling is reckoned at 1056 SF, the cottage at 560 SF plus 144 SF covered porch, total being about 1740 SF. Plans of the cottage were offered into the record. (018,85) 4. To show that requested rel harmony with the general purpose and attorney noted that the premises are section of Siasconset. Ground covers are usual, as we agree. The Planning action. ief by a Special Permit would be in intent of the By -Law, Applicants' in a densely developed historic in excess of the permitted ratio Board recommended our favorable 5. To show that expansion of the pre- existing non - conforming (principal dwelling) use would not be substantially more detrimental to the neighborhood. Applicants' attorney noted the favorable views of abuttors. Some nine (9) letters were received, all in favor, none speci- fic as to ground cover or size of the "small" cottage. One was strongly qualified, disfavoring if any trees were to be cut. Nothing in this record shows the need for cutting any trees. 6. We make no specific finding relating to soil conditions, shape or topography of the premises as would support a Variance. From the record before us, however, we are able to find that an excess of about 600 SF ground cover with construction of the proposed cottage would not be substantially more detrimental to the neighborhood. 7. To show good faith in representations that the cottage was for Porter Family use, Applicants, we understood, had no misgivings with our imposing the following conditions: (1) the lot will not be subdivided at any time; (2) the secondary dwelling will not only remain in the same ownership as the principal dwelling, per Subsection 4A.l.b (6), but will never be leased or the equivalent separately from the principal dwelling. 8. Subject to the foregoing conditions, the Board, by UNANIMOUS vote, hereby GRANTS to Applicants a SPECIAL PERMIT under SECTIONS 7F and 71 affording the relief for which they have applied. Dated: March 25, 1985 Nantucket, MA 02554 William R. Sherman An rew J. Ledd r 41,Z� /J Linda F. Williams NOTICE 3i A Public Hearing of the BOARD OF APPEALS will be held on Wednel-daq, MARCH 13 ,1985 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of GORDON D. PORTER AND ADELAIDE K. PORTER (018 -85) seeking a SPECIAL PERMIT or in the alternative a VARIANCE under SECTION 5 (ground cover ratio) of the Zoning By -Law. If granted, the Applicants would be able to build a second cottage for family use, which would exceed tha allowable ground cover by about 600 square feet. The lot is undersized and pre- existing and is located at 2 CENTER STREET, SIASCONSET, LOT 73.2.4 -2, PB 22, PAGE 110 and is zoned RESIDENTIAL -1. William R. Sherman, Acting Chairman BOARD OF APPEALS AB -1 ' C--' FEE $100.00 Case No. APPLICATION TO THE BOARD OF APPEALS Nantucket, Massachuzet To the Members of the Board of Appeals: The undersigr-d hereby applies for relief from the terms of (ZONING BY- LAW)(BUILDING CODE) on property described below: Location of Property 2 Center Street, Siasconset, Mass. I ut No. 73.2.4 -2 Plan No. PB 22, Page 110 District is zoned for Residential 1 `Type of structure (Rxix:tiidXxrcr Proposed) or proposed use: Cottage cn•:ner I s Name GORDON D. PORTER and ADELAIDE K. PORTER Owner's Address 4 Crocus Lane, Unionville, Conn. 06085 When did you acquire this property? 1966 Has application been filed at Building Department? No Has ai.y previous appeal_ been made? No Section of By -Law or Code from which relief is requested:__ _ Sec. 5 --ground cover ratio /a.U4AA - -v44tA-j2 -q t:ICZtra -.A2 P.eason for asking relief:— Undersized pre- existing zoning. Applicants seek to build second cottage for family use, which would exceed allowable ground cover by about 600 square feet. BY THEIR ATTORNEY S igTralt ure of applicant Qj ATTAt-H: (1) A list of the names and addresses of each abutting owner and owner abutting the abutters, and owners within 300 feet (2) A check in the amount of $100.00 made payable to the To-,,.­i of Nantucket. (3) Four copies of the application and a map or plan showlrg the location of the property to be considered. (4) If the applicant is other than the owner, please ind your authority to make this application. BOARD'S DECISION Application submitted to Board I Advertising dates Hearing date (s) Decision of Board Decision filed with the Town Clerk TOWN OF NANTUCKET BOARD OF APPEALS List of parties in interest in the matter of the petition of: Name 60 D (Par fie V- Address yCroc us L-ki Vnian U I Is C4-. ✓�' -e,�r Property Address ol 6W- eV-SIf siaS611;115- P! 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S`ee �^�� C:hap, ;,7 TV Date Assessor Town of Nantucket /u ' . = 2,000 ft. 0—H size ... 5,000 sf. age .. 50 f t. Eck . none :k 5 ft. Itio .. 50% property I Ines as shown I existing ownerships and Teets and ways are those ite sheets and ways already fhotnonew lines for di- t ownerships or for new preporotion of this plan he rules and regulations A Deeds as adopted S -per id Surveyor V1. =1 ti ° i S ,8 �E� w -_j o co N ° I 0) a� o vYile S600 S51 y 05 ;0 - e66 �9 wZ06 c8 4 co ti Zv7 w N PLAN OF LAND IN NANTUCKET ISLAND, MASS. as prepared for Ion D. & Adeloide K. Porter G E Deed book ...129 , p. 524 / 0 5 10 Z0 fed 0 5 meters ►; Scale I in. = 10 ft, April 24 , 1984 6AR RETT 8� NICHaMN JOSIAH S. BARRETT. Registered Land $ur'mff 3 Mortins Lane, INtntucket, Mass. 02554 J: B &N -114 r V c2,7 . NOTICE A Public Hearing of the BOARD OF APPEALS will be held on wednexia$MARCH 13 ,1985 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of GORDON D. PORTER AND ADELAIDE K. PORTER (018 -85) seeking a SPECIAL PERMIT or in the alternative a VARIANCE under SECTION 5 (ground cover ratio) of the Zoning By -Law. If granted, the Applicants would be able to build a second cottage for family use, which would exceed tha allowable ground cover by about 600 square feet. The lot is undersized and pre- existing and is located at 2 CENTER STREET, SIASCONSET, LOT 73.2.4 -21 PB 22, PAGE 110 and is zoned RESIDENTIAL -1. e � " a— - xe- ///,— — — William R. Sherman, Acting Chairman BOARD OF APPEALS