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Home My WebLink About082-85��- 4�D- - 95 TOWN OF NANTUCKE��I� BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 October 29, 1985 Re: ROBERT T. WALSH (082 -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, Chairman BOARD OF APPEALS BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, OCT- OBER 18, 1985 at 1:30 p.m. in the Town and County Building, Nantucket, in the matter of the Application of ROBERT T. WALSH (082 -85), address 84 easton Street, Nantucket, MA 02554, the Board finds: 1. Applicants, claiming their garage is a pre- existing non-con- forming structure, seek a SPECIAL PERMIT under Zoning By -Law SECTION 139 -33 to alter and enlarge the garage to incorporate two guest bedrooms with two baths. The premises are located at 84 EASTON STREET, Lot 4, Assessor's Map 42.4.2 in the LIMITED- COMMERCIAL zoning district. 2. Based upon the Application papers, site plan with front ele- vation and first and second floor plans dated October 18, 1985 recieved at our hearing of October 18, 1985, and testimony and representations at that and the initial hearing of September 13, 1985, we find that the garage pre - existed the mid -1972 effective date of Zoning. The garage is non - conforming, being sited within 4' (i.e. 3.8') of the back lot line, where 5' is required. 3. Applicants' proposed incorporation of two guest bedrooms (without cooking or eating facilities) in the reconstructed garage will not constitute it as a secondary dwelling unit, according to the ad- visory opinion of Town Counsel dated November 19, 1984. Nor would it constitute a "Lodging or Guest House" defined in Section 139 -2 whic', are to have three or more occupiable rooms�in excess of those used by members of the immediate family. Since, by the same Section, an "Acces- sory Building" is one not used "in whole or in part for human habit: -1- tion", we are relegated to the use permitted in the L -C District at Section 139- 11A(2), mainly, "Rooming... houses" (nowhere defined but arguably a lesser use than a "Lodging... House ") or (5) "Accessory structures "... etc. (also not defined but arguably including one- or two - bedroom garage /cottages which might be incidental to "Rooming and guest houses ".). (082 -85) -2- 4. In any event, no opposition to Applicants' proposed use was heard, and the Planning Board's recommendation was favorable. (By con- trast, Applicants' earlier proposed commercial retail /service use was opposed and denied.) Applicants' reconstructed garage /cottage is planned for siting no closer to the back lot line-than-the pre- existing garage. We are assured that it will in all other respects conform to current requirements of the Zoning By -Law chapter, and relief granted here is conditioned upon such conformity. Also Applicants must provide three off- street parking spaces as shown on the- l-0/18/85 site plan, attached hereto. The principal building on the lot shall continue to be used only as a single - family residence with no rooms rented out. 5. With these conditions, we find that Applicants' proposed garage /cottage meets the requirements of Section 139 -33 including our finding that it will not be substantially more detrimental to the neigh- borhood than the present non - conforming structure. (Its nearest neighbor is the Harbor House.) 6. Accordingly, subject to the foregoing conditions, the Board, by UNANIMOUS vote, GRANTS to Applicants the SPECIAL PERMIT requested to construct and use the proposed garage /cottage. Dated: October 29, 1985 Nantucket, MA 02554 Z William R. Sherman / D ', 40��aee_� Dorothy D. Vollans C_�0-1� k�L,, C. Mar hall Bea e �_`y �� ,R `� �fi - T -, - � � t � '� -- � � �- �, t, It I . ,'1 � rn i �� , , � } -r s � � I � � _ �� r � � � � � � 1 �- � `.c t, ,, � � " , � -'� � i 1 - � -� { � � �z -�..— ! i �: r�-, �,; � ; '! (� i ;> � I ` "i� I i _ � .� t . _'1 i ve ,, i � i � ' C _ � � � ? _ _ __ ., __ _. i i � i i �- . - - -- - _____'1 _ —___ i i ' __ __ 1111 � i I ,� � (_ i ., �- �� i �- '�_. _a � � i _I 4 >, _. _ I �'# �' c_s� ' > - i � j ?C �l i Z r Z �` i a ...e ®.. -- -- �' (� Cr " i' � � �. 'i yC__ � � �. %�i �r �_`y �� ,R `� �fi �j. NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, SEPTEMBER 13, 1985 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of ROBERT T. WALSH (082 -85) seeking a SPECIAL PERMIT under Zoning By -Law SECTION 139 -33 to alter and extend a garage ncii- conforming as to side line setback, to provide guest rooms. If granted, Applicants would be able to enlarge the structure without in- creasing the non - conformity. The property is located at 84 EASTON STREET, I..OT 4, PLAN 42 -4 -2 and zoned LIMITED - COMMERCIAL. William R. Sherman, Chairman BOARD OF APPEALS AP. -1 FEE $100.00 Ca 0 se No. `L-- APPLICA`T'ION TO THE BOARD OF APPEALS Nantacket, Massachuset'' ; To the Members of the Board of Appeals: The undersigned hereby applies for re?.ief from the terms of (ZONING BY--- IAW)(BUTLDINC CODE) on property described below: Location of Property 3-Y ST Lot No. LIT _ Plan No. 1 Z District is zoned for Type of structure(Exist:ing - or Proposed) or proposed use: Owner's Name ��,,. % j lC% -�rsG1 Owner's Address_ EY(f 5 When did you acquire this property ?/40y /�1� Has application been filed at Building Department? Yr Has any previous appeal been made ?_ (�S Section of By -Law or Code from which relief is requested: Reason for asking relief: T Application submitted to Board Advertising dates Hearing date(s) Decision of Board Decision filed with the Town Clerk -- -- -------------- S�grurq( of/�4,61ican C TOWN OF NANTUCKET BOARD OF ?APPEALS List of parties. in interest in chc: matter of the petition of; 7 Name �G0 �f'� k z_ Address ��' S %(� -c � 7 Property Address MAP 42.4.1 LOT # 32,33,34,35,36,37,64,65. MAP 42.4.2 LOT..# 01,2.1,2.2,03,3.3A, 44,45,46,47,48,49,51,98,99,100. MAP 42.4.3 LOT # 20 ,21,22,23124,26,27,68,69,71,72. MAP 42.4.4 LOT # 20,21. SEE ATTACHED ADDRESS LIST FOR ABOVE PARCELLS I certify the foregoing is a list of persons who. are owners of la abutting the property, owners of land abutting the abutters, owner o-f 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. Date Assessor Town of Nantucket iail'1 !I 1 S� Vii' MAP 42.4.1 #32 SHERBURNE ASSOCIATES ZERO MAIN ST. NANTUCKET MA. 33 TALOR NANCIE B. 44 CANOE BROOK RD. SHORT HILLS NJ. 34 CROWELL HERBERT 78 EASTON ST. NANTUCKET MA. 35 BOWMAN ROBERT P0. BOX 628 NANTUCKET MA. 36 BUSHBY JAMES C.& BRAYTON JAMES F. C/O GROLL VILOET A. 70 STONY HILL RD. AMHERST MA. 37 METCALF GEORGE 10 NORTH BEACH ST. NANTUCKET MA. 64 BOWMAN ROBERT P0. BOX 628 NANTUCKET MA. 65 KAIZER PETER 8 NORTH BEACH ST. NANTUCKET MA. MAP 42.4.2 #01 SHERBURNE ASSOCIATES 2.1 DOUCETTE SHARRON 25 2.2 SHERBURNE ASSOCIATES 03 SHERBURNE ASSOCIATES 3.3A 44 DEVINE THOMAS 45 DEVINE THOMAS 46 DAVIS JANE L. 20 47 ERNST RICHARD H. 48 49 ROSS CYRIL 17 51 JOHNSON SALLY R. 15 98 99 100 BUTTERWORTH GEORGE MAP 42.4.3 ZERO MAIN ST. NORTH WATER ST. ZERO MAIN ST. ZERO MAIN ST. 3 STEP LANE 3 STEP LANE NORTH WATER ST. 145 CENTER ST. NANTUCKET NANTUCKET NANTUCKET NANTUCKET NANTUCKET NANTUCKET NANTUCKET NANTUCKET 02554 07078 02554 02554 01002 02554 02554 02554 MA. 02554 MA. 02554 MA. 02554 MA. 02554 MA. 02554 MA. 02554 MA. 02554 MA. 02554 NORTH WATER ST. NANTUCKET MA. 02554 NORTH WATER ST. NANTUCKET MA. 02554 VESPER LANE NANTUCKET MA. 02554 #20 POLLARD EDMUND T. 2 CHESTER ST. NANTUCKET MA. 02554 21 POLLARD EDMUND T. 2 CHESTER ST. NANTUCKET MA. 02554 22 SCHAFFER SHIRLEE 46 TUMBLEBROOK RD. WOODBRIDGE CT. 06525 23 PEMISU REALTY TRUST C/O CONWAY PETER C. 83 WASHINGTON ST. SALEM MA. 01970 24 LINDSTROM EDGAR T. 24 NORTH WATER ST NANTUCKET MA. 02554 26 BAYBUT JOHN A. P0. BOX 355 NEW CASTLE NH. 03854 27 BAKER MARJORIE CREDO 51 CENTER ST. NANTUCKET MA. 02554 68 WESTFALL EDITH F. ETAL. C/O HELEN T. NEWMAN 135 S.W. 3RD. AVE. APT47 BOYTON BEACH FL. 33435 69 VALLET FREDRICK M. 57 CENTER ST. NANTUCKET MA. 02554 71 VALLET FREDRICK M. 57 CENTER ST. NANTUCKET MA. 02554 72 EVERETT JULIAN G. 55 CENTER ST. NANTUCKET MA. 02554 MAP 42.4.4 #20 WEEDON WILLIAM STONE BOX 3492 UNIVERSITY STA. CHARLOTTESVILLE VA. 22901 21 BOWMAN ROBERT P0. BOX 628 NANTUCKET MA. 02554 NO • r� <;fY (1/' Lid %Y 1J B£L.ONGING TO KGller & Genesky SCA L E 20 FEET TO ONE INCH Scrrnue/ . & Ada E Burche // z w a Euyene i1'OM NANTUCKET, NOVEMSER 1.9 . a r" r 0 -APO r-, m: i rn ins eibcl c r" r 0 -APO