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Home My WebLink About063-85t J; 4 0� 3 - �5 D OF APPEALS NANTUC'KFT, "OASSAC'HITSETTS 02 »4 August 16, 1985 Re; GERALD S. SIGAL (063 -85) Enclosed, ;Tease find notice of a decision of the BOARD 0 APPEALS which ll,!s this day been filed with the Town CIC -rk. 1ny Hippe�il from this action shalt he made pursuant to -ection 17 of Chapter '+OA of the General Laws, and shall he filed within twentv (20) days after this date. William R. Sherman, Chairman BOARD OF APPEAL BOAR I, OF APPEALS !F NANTUCKET 1ASS\CHUSETTS 02554 DECISION: At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, AUGUST 2, 1985 at 1:30 p.m. in the Town and County Building, Nantucket, in the matter of the Application of GERALD S. SIGAL (063 -85), address 3401 K Street, NW,Washington, DC 20007, the Board finds: 1. Applicant seeks a SPECIAL PERMIT pursuant to SECTION 139 -33 of the Zoning By -Law chapter to extend an existing structure and to alter its garage use so as to provide a guest bedroom and bathroom as well as a one - bay garage. If needed and in the alternative, Applicant requests a Variance, Applicant's lot having 7 feet less than the required 75 foot frontage. The property is located at 33 BAXTER ROAD, SIASCONSET, Lot 29, its northerly lot line defined by Frazier Road (east of Emily), in the RESIDENTIAL -2 Zoning District. 2. The Application included a site plan dated May 14, 1985 showing location of the existing garage without indicating any intended expansion, simply alteration of use. Despite this and practical difficulty of locating the property along Baxter Road for viewings, we proceeded to hear as to all relief sought, continuing the matter from July 12, 1985 to ^august 2, 1985, to allow a viewing and clearer presentation. A drawing of "Captain's Cabin" dated June 3, 1985 was received .Juiv 12 showing a proposed 225 SF expansion, extending into the required front yard. 3. According to representations of Applicant's counsel, not contro- verted, the existing garage with its 374 SF footprint pre -dated the mid - 1972 effective date of the Zoning By-Law. The frontage, by change from R -1 to R -2 zoning in 1984, is required to be 75 feet, not 50 feet and the front yard setback 30 feet and not 10 feet. The round cover ratio is now limited to 12.5 %, not 30 %. There may have been an incorrect assumption of a 5 -year exemption from such zoning change. Accordinglg, the garage struc- ture is non - conforming not just as to frontage requirement but front yard as well, and perhaps ground cover. i (063 -85) -2- 4. Section 131-' -'�� !laws extension of the structure on two condi- tions: 1. On the Board's finding that the change will not be more substantially detrimental to the neighborhood than the existing non-con- forming use, and 2. That the front yard non- conformity not be made more non- conforming. 5. The first condition applies also to the proposed alteration of use. The Board finds that the existing garage is an eyesore, although screened by a tall hedge. With such screening maintained and the existing garage structure replaced by one having Historic District Commission ap- proval the first condition is found to be met. The 6/3/85 "Captain's Cabin" would extend further into the front yard and would not meet the second condition. Nonetheless, we can grant the relief requested to allow an alternative design, with one bedroom and bath (no kitchen or eating facilities) and one -bay garage, conforming to the By -Law and specifically to the second condition. Relief by variance as to frontage is not required nor appropriate. 6. The Planning Board's recommendation was unfavorable because the lot does not conform to zoning ( and does not qualify for exemption). But such non - conformity is required for Section 139 -33 relief, not for its denial. 7. Accordingly, the Board, by UNANIMOUS vote, hereby GRANTS to Applicant a SPECIAL PERMIT under SECTION 139 -33 for the relief requested subject to the conditions set forth above. Dated: August 16, 1985 Nantucket, MA 0---- `v. , ��k 02554 tom.,, Wil 'am R. Sherman Dorothy D. Vollans 4W �_ . (u C/ ( L � am�� Linda F. Williams NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, JULY 12, 1985 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of GERALD S. SIGAL (063 -85) seeking a SPECIAL PERMIT, or in the alternative a VARIANCE,under SECITON 7L.6 (codified as Section 139 -33F) of the Zoning By -Law. If granted, the Applicant would be able to re- move an existing garage and replace it with guest quarters and a one bay garage on an existing lot that is short of the seventy -five foot frontage requirement in the RESIDENTIAL -2 District. The pro- perty is located at BAXTER ROAD, SIASCONSET, LOT 29. William R. Sherman, Chairman BOARD OF APPEALS • A AB-1,/ FEE $ 100.00 Case No.— APPLICATION TO THE BOARD OF APPEALS Nantucket Massachusetts 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 Baxter Road 5iasconset Lot No, 2 9 Plan No. District is Zoned for -, R -2 Type of structure (Existing or Proposed) or proposed use: Owner's :N?axne (,,,,1fi 4 Sioal r/o Si gal Cnncrr„- -- Owner's Address 3401 K Street NW Washington, D.C. 20007 _ When did you acquire this property? i g 4 N Has application been filed at Building Department? ye, J Has any previous appeal been made,? „n Section of By -law or Code from which relief is requested: 7I 6 Reason for asking relief- Applicant is seven (7) feet- shortothe Seventy - five (75) foot frontage requirement and thus reqjr-ts a Special Permit or in the alternative a Variance which would enable him to take down the present garage and replace it with Ruest._4Luarters aks and a one bay garage, wkiKkx. Signature of a lican ATTACH: (1) A list of the names and addresses of e ch abutting owner_ an owner abutting the abutters. (2) Check in the amount of made payable to the Town of Lo� /rS G' 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 yotir authority to make this application. BOARD'S DECISION Application submitted to Board (Q, Advertising dates Hearing date 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: N a m e iP a l d R S; o a l — — Address nl K Strept NW Wash; ngtQnT D _ C- 20007 Property Address RnxtPr Road - Sjasconspt 033- Peter and Mary Jane Zecher 224 Glenwood Road Ridgewood, N.J. 07450 035 Walter C. Wilson 1610 Bank of the SW Bldg. Houston, TX 77002 036 Peter Van Brunt Reid 875 Route 202 -206 No Bridgewater, New Jersey 08807 053 Mary Elizabeth Churchill 032 121 Bryker San Antonio, TX 78209 4923- 037 " 042 William P. and Barbara L. Widdoes 8 Dunmoyle Place Pittsburgh, PA 15217 044 Margaret W. Greene Trust 052 P.O. Box 96 054 Siasconset, MA 045 John G. Lathrop The Brooks School 1160 Great Pond Road No. Andover, MA 01845 046 " 047 ti 49 -9 Town of Nantucket 007 Joshua Jr. and Theodora M Baker Liferight 33 Baxter Road,Siasconset, MA 909 Eleanor P. Ritchie 34 Kolaroma Circle Washington, D.C. 20008 011 W. Malcolm and Mary Parry 10 Columbus Circle New York, NY 10019 014 William V. and Yvonne B. Platt North Beach Road Hobe Sound, FL 33455 029 Barbara Byrd Feldman 49 Sawyer Road Wellesley Hills, MA 02181 031 Sarah Ann Churchill Rte. 676 4 Ivy, VA 22945 032 Mary Elizabeth Churchill (above) 1 certify the foregoinq is a list of personi who are owners of land abutting the property and owners of land directly opPosita- the property on any street or way, and owners of lend within 30'j fe ^t of the property, all as they appear on the most recent ' �policebl TAB 1 at. 1 f � 0 !!i � 1. j� 1\� - _ 10£�l L I VL I �r U. W N cl� n LN Q n J D M tt W Q 0 o S O 2 3 J W 3 > cu v 3.1 k% oZ M 0 0 r It � J ir UO 4 j \n,�r r It 'r 0r \x i \r N 4�� a 14V 3 ��. .