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Home My WebLink About076-8560. Z�_ STU&j� towN, of-' NANTUCKET BOARD OF APPEALS -) 5 54 SETTS PORAIE'O* NNTANTUCKI'T. MASSAC111' September 6, 1985 Re: HAROLD R. AND HELEN B. TURNER (076-85) Enclosed, please find notice of a deci-ion of the BOA'�") OF APPEALS which h,"S this day been filed with the Town Clerk. Any appeal from this action shalt he made pursuant to Section 17 of Chapter 40A of the General. Laws, and shall be filed within tweilty (20) days after this date. William R. Sherman, Chairman BOARD OF APPEALS BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSFTTS 02554 DECISION: At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, AUGUST 23, 1985 at 1:30 p.m. in the Town and County Building, Nantucket, in the matter of the Application of HAROLD R. AND HELEN B. TURNER (076 -85), ad- dress A Street. Nantucket, MA 02554, the Board finds: 1. Applicants seek a SPECIAL PERMIT under Zoning By -Law SECTION 139 -33 or, in the alternative, a VARIANCE with respect to SECTION 139 -16C (side line setback requirement). This relief is sought to permit occupancy and use of a dwelling which Applicant reconstructed from a pre - existing garage without prior permits. The premises are located at BALTIMORE STREET, MADAKET, Lot 249 -250, Parcels 75 and 76, Plan 3092 -12 and zoned RESI- DENTIAL -2. 2. Based upon the Application papers, viewings and testimony, we find that Applicants have a principal residence on Parcel 71 and a rental house on Parcel 75, as well. as the proposed dwelling on Parcels 75 and 76. fess r^ha� the .70000 iF A1/71MV/v The latter have an areaArequirer in Section 139 -16A. Since they are con- tiguous with the commonly owned Parcels 68, 69, 70 and 71, the proposed "secondary dwelling" would, in fact, be a third dwelling unit and so not allowed under the Zoning By -Law. 3. Nevertheless, reconstruction has been completed and the resulting building, on substantially the same footprint as the pre - existing c qru- P,ated 2 -car garage, is clearly less detrimental to the neighborhood. [,'hi.le non - conforming with respect to setback, it is not more non - conforming than the prior garage. It might, therefore, be usable as guest spaces without kitchen, cooking or eating. 4. However, at the hearing Richard Ray, Nantucket's Health Officer, stated his recommendation that the structure not be used for living, sleep- ing, eating or cooking, hence, have no bedrooms, bathroom or kitchen. Due to proximity of the structure to Hither Creek, and inadequacy of potential (076 -85) -2- on -site waste treatment with no public sewering, we condition relief on prohibiting those uses and facilities. Applicant indicated that reloca- tion of the structure to another Lot would be considered so that it might be used as a dwelling. 5. Subject to the above limitations on use and removal of kitchen and disconnection of plumbing facilities, and with the favorable recommend- ation of the Planning Board, we find that the completed structure and its use for storage or the like would be in harmony with the intent and pur- pose of the Zoning By -Law chapter. 6. Accordingly, by UNANIMOUS vote, the Board hereby GRANTS to Appli- cants a SPECIAL PERMIT for the use of the reconstructed garage on the pre- sent site, excluding living, sleeping, cooking and eating and after removal and disconnection of all kitchen and plumbing facilities. Dated: September 6, 1985 Nantucket, MA 02554 " f/'J� �Jvt� 6 sus /CJ's iS .r�N� Te wN G41cSIL William R. Sherman Andrew J. Leddy Dorothy D. Vollans NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, AUGUST 23, 1985 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Applica- tion of HAROLD R. AND HELEN B. TURNER (076 -85) seeking a SPECIAL PERMIT under SECTION 139 -33, and in the alternative, a VARIANCE with respect to side line setback requirements of Zoning By -Law SECTION 139 -16C. If granted, Applicants wish to convert an exist- ing building on the lot into a secondary dwelling. The property is located at BALTIMORE STREET, LOT 249 -250, PLAN 3092 -12 and zoned RESIDENTIAL -2. n William R. Sherman, Chairman • y`S� / BOARD OF APPEALS /ASS ts7A T, AB -1 FEE $100.00 Case No. APPLICATION TO THE BOARD OF APPEALS Nantucket, Massachuset'-- To the Members of the Board of Appeals: The undersigned hereby applies for relief from the terms of (2,0':INC.� BY -T,AW) (RU, 'LDINC CODE) on property des -scribed b low: cv C-� a O Lcc tion of Property � '� _R St-. Lot Plo.1 q �� _ Plan No. D?'_s':rict is zoned for__&9�lz Type of structure(Existing or Proposed) or proposed use:. Owner's Name 4/iff -- Ow.ler' s Address_ - When did you acquire this property? - Has application been filed at Building Department? lias any previous appeal been made? U _. -- ection of By -Law or Code from which relief is requested: Reason for s ing relief: 3 c'— 6 1,d e Signatu e o applicant ATTACH: ✓(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 T:,wn of Nantucket. f(3) Four copiAs of the application and a map or plan showing the location of the property to be considerecl. (4) If the applicant is other than the owner, please indicate your authority to make this application. BOARD'S DECISION Application submitted to Board Advertising dates _ - Hearing date(s) Decision of Board Decision filed with the Town Clerk - — TOWN OF NANTUCKET BOARD OF APPEALS List of par ' es in interest, in t.hc .,utter of the petition cf. . fv Andress - ---------- - A Property Address I certify the foregoing is a list of persons who are owners of la abutting the property, owners of land abutting the abutters, owner of land directly opposite the property on any street or way, an - owners of land within 300 feet of the property, all as they appe. on the most recent applicable TAX list. JL__ z2 Date C�-'. ZeAssessor Town of Nantucket: A 7e- C ate/ /S 7 AU. - 69, A�� r-- d� �6�- VtAvlf-� 4-2�7 lscr� • t 9'y Ada . i %2c 9� can M . 54 947 'J� W47'-f'�f ),via, I% 86 89 87 73 8 <7 \ � ae T2 74 W 4 0 / �o 75 76 71 77 70 89 5 68 65 67 84 79 93 94 so V60.2-1 _n - ---