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HomeMy WebLinkAbout085-85TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHLISETTS 02554 September 23, 1985 Re: BEATRICE S. KNOX- JOHNSTON (085 -85) Enclosed, please find notice of a decision of the BOARD OF APPEALS which has this day been fi).ed with the Town Clerk. Any appeal from this action shall be mide ,)ursuant to Section 17 of Chapter 40.A of the General Laws, .nd shall be filed within twenty (20) days after this date. Andrew J. Leddy, Acting Chairman ��_� BOARD O'; APPEALS BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, SEPTEM- BER 13, 1985 at 1:30 p.m. in the Town and County Building, Nantucket, in the matter of the Application of BEATRICE S. KNOX - JOHNSTON (formerly Beatrice Lovell) (085 -85), address 49 Centre Street, Nantucket, MA 02554, the Board finds: 1. Applicant in 1984, then Beatrice S. Lovell by name, sought es- sentially the same relief as presently asked, through Application File 012 -84. In that proceeding, she requested a Special Permit under Zoning By -Law Section 71 (now codified as 139 -33) to extend a pre- existing non- conforming use or structure. Specifically, she then and now would enlarge owner /manager quarters for her guest house, the "Corner House ", by adding a winterized extension on the northeast corner. The guest house is located at 49 CENTRE STREET, on Lot 28 of Plan 4243, in the RESIDENTIAL -OLD HIS- TORIC zoning district. 2. In the 012 -884 proceeding, this Board (with different membership except one) rendered a decision against a grant of the Special Permit, the one member dissenting with opinion. A timely appeal was taken to the Superior Court in an action Beatrice Lovell v. Andrew J. Leddy, Jr. Civil Action #2007. On May 9, 1985, the Honorable William W. Simons, Justice of that Court, entered a decision finding that the majority's denial of relief in 012 -84 was without reason and that they failed to find the facts re- quired under the By -Law (139 -33). That Board, so constituted, was held to have no authority in this case, the Court retaining jurisdiction. This Board is now directed to make specific findings consistent with the Court's opinion. 3. Accordingly, after giving notice as required, we heard the pre- sent case on September 13, 1985. Our findings are based upon the Applica- tion papers, viewings, testimony and representations, and submissions by the Planning Board and by neighbors. Reference was also taken to the re- cords in 012 -84 and prior Application 043 -82 wherein a Special Permit was (085 -85) -2- granted March 4, 1983, allowing expansion of use to 8 guest rooms condi- tioned on provision of two off - street parking spaces which required re- moval of a storage shed then attached at the same northeast corner of the guest house. 4. Applicant here presented site and floor plans of her proposed addition differing in interior detail from those of record in 012 -84 but conforming as to added footprint. Taking account of the 117 SF pre- existing storage shed, now removed, the net increase would be 223 SF. The addition would accommodate a bedroom and bath for Applicant and her husband, lo- cated off the kitchen and affording relative privacy from guests using common rooms on the first floor. Their accomodations would be year -round with winterizing. Occupancy would not be increased nor would additional space be rented out to guests, the latter being a condition for granting the requested relief. 5. The Planning Board made an unfavorable recommendation, noting an addition would add to in -Town parking problems. Likely, the Planning Board had not been informed of the prior Special Permit waiving 7 off - street parking spaces and requiring the two now provided off Step Lane. Moreover, By -Law Section 139 -18A would now only require a total of six, with waiver per amended 18G conditions applicable here. 6. Michael Driscoll, appearing for himself and as attorney for others in the neighborhood, presented letters they signed dated July 27 and Septem- ber 12, 1985. In the first, they object to "any further room additions... for the purpose of increasing revenues." This is neither specific nor appli- cable to the Corner House addition of concern here. The second, signed by ten near neighbors on Step Lane and Centre Street, is specific to this Ap- plication. Grounds for objection to the proposed addition are: "The house has already been expanded on two previous occasions and owner knew size of house when she bought it..." Nowhere in the record of the present and two prior Applications do we find evidence of prior structural expansions; to the contrary, the storage shed was removed. Owner's knowledge is not material to our fact finding here as to effect upon the neighborhood. Her marriage is noted. r (085 -85) -3- 7. Absent evidence of record or from our viewing of the premises to the contrary, we find that the proposed extension will not be substantially more detrimental to the neighborhood than the existing non - conforming use (the guest house dating to about 1790, and on a subminimum -sized lot). The extension will not increase any non - conformity with respect to required setback. We further find that the addition, with the condition noted above, barring added guest rental spaces, is in harmony with the general purpose and intent of the Zoning By -Law chapter. 8. Accordingly, this Board, by UNANIMOUS vote, hereby GRANTS to Appli- cant a SPECIAL PERMIT to construct the addition to her guest house as she proposes, subject to the stated condition. Dated: September,;Z1 , 1985 Nantucket, MA 02554 //4jr ' 4 3 �� �� s Andrew J. Leddy Dorothy D. Vollans Linda F. Williams COMMONWEALTH OF MASSACHUSETTS Nantucket, ss Thomas & Josephine Devine et als VS. Beatrice S. (Lovell) Knox-Johnson et als Superior Court No. 2097 I hereby certify Defendants' Motion to Dismiss Appeal was allowed; Plaintiffs' appeal is thereby dismissed. This action took place on' September 2, 1986, and has been duly filed in this Court. / it Dated: October 16, 1986 Clerk /Magistrate 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 BEATRICE S. KNOX- JOHN'>"iTON (085 -85) (formerly Beatrice Lovell) seeking a rehearing pursuant to order of the Hon. William W. Simons, Justice, in Civil Action 2007 with respect to reieif by SPECIAL PERMIT under Zoning By -Law SECTION 139 -16A and /or_ L39 -33 from the ground cover ratio required for a subminimum lot (and, in the alternative, such relief by Vari.ance). Applicant would expand an existing guest house to acconrnodate owner- Applicants. The property is located at 49 CENTRE STREET, LOT 28, PLAN 4243 and zoned RESIDENTIAL OLD HISTORIC. William R. Sherman, Chairman BOARD OF APPEALS ter°° AB -1 FEE $100.00 Case No. -� APPLICATION TO THE BOARD OF APPEALS Nantucket, MassachusetL-: To the Members of the Board of Appeals: The undersigned hereby applies for relief from the terms of (ZO':IPiG BY -',AW) (BUTLDINC CODE) on property described below: L,cc. tion of Property. 4!Y LE& 7X_,E Lot No. Plan No. -� District is zoned for Type of structure(Existing or Proposed) or proposed use: �. Owner's Name Owner's Addr When did you acquire this property? Atz(J& E �� l Has application been filed at Building Department? Has any previous appeal been made? - Section of By -Law or Code from which Velief is requested: Reason for asking relief: NO gnature of applicant ATTACH: (1) A list of thq 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. (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 DECISION. Application submitted,to Board Advertising dates Hearing date(s) Decision of Board D cision filed with the Town Clerk _ — A-5 ST, TOWN OF NANTUCKET 80ARD.OF APPEALS ..s List of parties in interest in tho.notter of the - petition oft Name �L►�i-T(�.1 �bv ELL _ k l b — JJ O Y k2— BO 1 8 zg Address �tiC Q 2 Property Address_ 21, �c�.,, �. 4�cyQr►.•} `l ox 3i�, �Q.ac.w+ia JA.R. 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