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Home My WebLink About023-85C� 3 - ` Sp • MAIL) A/o Y P61'iv r T/? v d T TOWN OF NANTUCKET w BOARD OF APPEAL zc,�v�.�� NANTUCKET, MASSACHUSETTS 02554 .July 129 1985 Re: WINDY POINT TRUST (058 -85) p 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, Chairman BOARD OF APPEALS i BOARD OF APPEALS -_ -- TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, JULY 12, 1985 at 1:30 p.m. in the Town and County Building, Nantucket, in the matter of the Application of WINDY POINT TRUST (058 -85), address c/o R. Novak, Hale and Dorr, 60 State Street, Boston, MA 02109, the Board finds: 1. Applicant seeks a SPECIAL PERMIT for relief pursuant fo Zoning By -Law SECTION 71 (codified as Section 139 -33) to expand and alter a pre- existing, non - conforming structure and use. Applicant proposes to raze the existing boat shed (garage), expanding its width from 12 1/2 to 15 feet toward the southeast parallel to Hulbert Avenue and its height from 9 to 19 1/2 feet. The resulting 1 1/2 story structure would have enlarged ground -floor spaces for storage, boat or automobile, and second -story space for servants' bedroom and bath. The property is located at 5 HULBERT AVENUE, ASSESSOR'S MAP 29.2.31 PARCEL 005, LC 10221 -A, in the Zoning District RESIDENTIAL -1. 2. Applicant earlier applied for Section 139 -33 relief (our file 023 -85). At the March 29, 1985 hearing, continued from March 13, Applicant was granted leave to withdraw without prejudice. By consent through counse , that record has been incorporated into the present proceedings.5=' 3. We continueAthis hearing from June 21, 1985, to obtain from Town Counsel his,opinion on application of the definition of "dwelling unit" (amended 4 -2 -85 ATM, Art. 21) to Applicant's proposal. If the structure were a dwelling unit, it would have to comply with Section 139 -7A (2) and specifically subsection (b) so as "not (to) be located within the required front yard." Per oral opinion of Town Counsel, in authoring the amendment, the intention was to require use for either cooking or eating to constitute a "dwelling unit." Living or sleeping, alone would be in- sufficient. 4. Applicant's structure predates zoning and is setback about one foot from the front line along Hulbert Avenue. As a pre - existing non -con- forming structure violating the now - required 10 -foot front yard setback, V NOTICE A Public Hearing of the BOARD OF APPEALS will be held on WEDNESDAY, MARCH 13, 1985 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of WINDY POINT TRUST (023 -85) seeking a SPECIAL PERMIT under SECTION 7I (pre- existing non - conforming use) of the Zoning By -Law. If granted, the Applicant would be able to modify a non - conforming use to add a bedroom and bathroom over an existing garage which requires side -line set back relief as the proposed change would extend the already non- conforming set back of 1 (one) foot farther along said one foot line by enlarging the structure. The property is located at 5 HULBERT AVENUE, ASSESSOR'S SHEET 29.2.3, PAR. 005, LC 10221 -A and is zoned RESIDENTIAL -1. �/ William R. Sherman, Acting Chairman pL(l BOARD OF APPEALS %D i (ice -�-✓ FEF $100.00 Case No._ 0 Z APPLICATION TO THE BOARD OF APPEALS Nantucket, Massachusetts the Members of the Board of Appeals: The undersigned hereby applies for relief fiom the terms of the ,'..-WING BY- LAW)(BUILDING CODE) on property described below: .,,,cation of Property 5 Hulbert Avenue ;,,,t 'o.Assessors Sh. 29.2.3 Par. 005P1an No. L.C. 10221 -A :)istrict is zoned for R -1 :'vpe of structure(Existing or Proposed) or proposed use: Residential 'M 1W 1'' s Name Windy Point Trust c/o R. Novak -'r,cr's Address Hale & Dorr, 60 State St., Boston, MA 02109 '�hen aid you acquire this property? 1983 _ ^— - :i.i:; application been filed at Building Department','---No - !;,is any previous appeal been made? No t .,-)n of By -Law or Code from which relief �s rorluest`d: ?_I_ _ Pre-existinq non conforming use. 01 Lisking relief: Modify_ non_conforminq use to add bedroom & bath over existing g age which requires side line set back relief. Siy:I ; Z ure of a .licant Wayne F. Holmes 35 Center St., Nantucket, MA (1) A list of the names and addresses of each abutting owner and owner abutting the abutters. (2) A check in the amount of $100.00 made payable to the Town of Nantucket. (3) Four copies of the application and a map or plan showing the location of the property to be considered. (4) If the applicant is other than the owner, please indicate your authority to make this application. BOARD'S DEC'NSION ii „ktion submitted to Board rtlsin.j dates inq dates) k:cisiJn of Board t-,ision filed with the Town Clerk - DESIGN ASSOCIATES_ 'tQvJE e-T.* IM c C vv.- c�t..� N tom C. J -S NIA N qv vsc pgo a�wrC �-�ntu .plztve i RVLS -n" CAK.A&C �� I1�E o� EkPhriS� o!Y h I'$ U Rt 5T-K5w " L- s ICS►N ASSOCI TEW,�, 'I�aJEcT= tMcC.A��G� bad`- I I z- ► 85 l�'�1 • PLAN OF LAND IN NANTUCKET ��' Scale 20 feet to an inch -JAN. 16, 1924 - William S. Swift, Civil Engineer N ti *1 N BULKHEAD yULBURT /' � / / 5 i kr }, .. s i i f t0 i w f 4 S; �rs SMUTS LAND Ri TEAT /jiM _; E { Scale of t Ate► - Y G d Nrarr�nr_° �5�i��w► TOWN OF NANTUCKET BOARD OF APPEALS List of parties in interest in the matter of the petition of: Name Windy Point Trust Address c/o R. Novak, Hale & Dorr, 60 State St, Boston, MA 02109 Property Address 5 Hulbert Ave. Locus: 29.2.3, L 7 4.3 1. John K. & Helen Spring, 285 Elm St., Concord, MA 01742 2. Alexander & Joan Craig, Box 458, Nantucket, MA 02554 3. Alexander M. Craig, Hulbert Ave., Nantucket, MA 02554 4. John Street 5. Locus 6. John M. Greenleaf & Lewis F. Greenleaf, III, RFD, Syosset, NY 11791 7. John W. & Katherine Weeks, 595 Concord Ave., Belmont, MA 02 42.1.4 2. Theodore L. & Mary Cross, 233 Carter Rd., Princeton, NY 08 4. Joan R. Bolling, Box 4300, Wilmington, Del. 19807 3. Town of Nantucket, Nantucket, MA 02554 42.4.1 28. Nantucket Conservation Foundation, Cliff Rd., Nantucket, NU. 02554 29.0.0 26. John Archibald & Mary A. Poor, 421 Huron Av., Cambridge, MA -- U G 1 _ 27. Alvine C. Allen, 37 Cambridge St., Winchester, MA 01890 28. Nantucket Conservation Foundation, Cliff Rd., Nantucket, MA 025= 25. Seymour Archibald, P.O. Box 87, Concord, MA 01742 129. Jane Merrill, Wayside Inn Rd., Framingham, MA 01701 29. Same as 26 30. Same as 26 31. Same as 26 I certify the foregoing is a list of persons who are owners of land abutting the property and owners of land directly opposite the property on any street or way, and owners of land within 300 feet of the property, all as they appear on the most recent applicable tax ist. [13 t C Assessol Town of ,r,tucket- � .Q