HomeMy WebLinkAbout091-85A
r
William R. Sherman, Chairman
BOARD OF APPEAL,
S95
\�J
�... [ (1�ti'N
o
OF NAN'I t
3 ? �N
~t�7 -��' BOARD
7 �
EALS
OF APPEALS
q`'oRa NAN" VCKET,
MASSACHI_?SETTS 02554
,.°.i+°''
October 29, 1985
Re: GEORGE AND KATHERINE
SCHMIDT (091 -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 'BOA
of the General Laws, and shall
be filed within twenty (20)
days after this date.
A
r
William R. Sherman, Chairman
BOARD OF APPEAL,
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 GEORGE AND KATHERINE SCHMIDT (091 -85)
address 1528 Dorwaldt Blvd., Schenectady, NY 12309, the Board finds:
1. Applicants, claiming their shed is a pre- existing, non -con-
forming structure, seek a SPECIAL PERMIT under Zoning By -Law SECTION
139 -33 to alter, but not to enlarge, the shed to incorporate a single
bedroom and bath without cooking or eating facilities. The
proposed cottage /storage shed are in the RESIDENTIAL -2 zoning district,
Lots 77 and 78 of Assessor's Map 60.2.4 between BALTIMORE AND "A"
STREETS in MADAKET.
2. Based upon the Application papers, viewings, photoprints,
septic system layout, and testimony and representaaions received at
the hearing, we find that the shed pre - existed the mid -1972 effective
date of Zoning. It served on one side as a scallop shed and on the other
side for boat and other storage. The shed is non - conforming in being
sited too close to the northwest side lot line. Proposed alterations
will not change the siting or footprint. The garage door will be closed
off and interior restructured to provide the bedroom and bath on the
scalloping side.
3• The single bedroom is not for renting out but simply for over-
flow use from the single- family residence on the paired lots. No issue
was raised as to whether the proposed use is lawfully accessory to the
principal use of the lots or an altered use under Section 139 -33. In
any event, the proposed alteration is found to be not substantially more
detrimental to the neighborhood than the pre - existing use.
4. Specifically, we are assured that the added bedroom can pro-
perly be connected with the existing septic system without expansion or
(091 -85) -2-
overtaxing it. This is especially critical with proximity to Hither
Creek and resulting environmental sensitivity. See also our decision
in Turner (076 -85). The principal dwelling is limited to 3 bedrooms.
5. The Planning Board's recommendation was favorable,-excepting
one negative vote premised, apparently, on the alternative of Appli-
cants' re- siting the shed for a full "10 -foot setback. No opposition
was heard.
6. Accordingly, the Board, by UNANIMOUS vote, hereby GRANTS to
Applicants a SPECIAL PERMIT to make the proposed alterations to the
shed subject to the stated condition as to septic system tie -in.
Dated: October 29, 1985
Nantucket, MA 02554
a &A
William R. Sherman
A I
_71jre GL) 77, L
Andrew J. Leddy
ova R,2�
C. Ma shall Be le
NOTICE
A Public Hearing of the BOARD OF APPEALS will be hel on
FRIDAY, OCTOBER 18, 1985 at 1:30 p.m. in the TOWN AND COUNTY
BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application
of GEORGE AND KATHERINE SCHMIDT (091 -85) seeking a SPECIAL PERMIT
under Zoning By -Law SECTION 139 -33 to alter an existing building
(shed), non - conforming as to side line setback, so as to provide
a single bedroom and bath without kitchen. The property is located
BETWEEN A STREET AND BALTIMORE STREET, MADAKET, LOT 77 and 78, MAP
#60.2.4 and zoned RESIDENTIAL -2.
William R. Sherman, Chairman
BOARD OF APPEALS
FEE' $100.00 Case No.
APPLIC:A "I ION TO THE BOARD OF APPEALS
Nantucket, massachuset
','o the Members of the Board of Appeals:
The undersLgned hereby applies -'or relief from the terms of
(ZO';ING BY -T.AW) (BU'_LDINC CODE) on property described below:
rcc tion of P,ropt =rte 0(J c37 - -�T ,�',e��ir, +e, S71zc -
Lo; No. 7i �'� _ Plan No.
Dis':rict is zor.
Type of structure,. Proposed) or proposed use:�/zvnh
' ee.,pp 5W/7/ z
Own(lr' s Name eSee44c"
Owoer' s Address_ /2-341
s,
Wh n did you acquire this prop:. '�/, /L���3
Has application been filed at Bui g Department ?X /e)
Has any previous appeal been made ?_ 116
Section of By -Law or Code from which r of is requested :/.39 /4914
iy Sa7"Cl_ x47 %31 �G-' /G.41 Ode &ftA bA,'^t* r A,,6 USL?
Reason for asking relief: A�J
Sig t. ire of ipg.ant
ATTACH: (1) A list of the names and addresses of each abutting owner
and owner abutting the abutters, and owners wiLhin 300 feet.
(2) A check in the amount of $100.00 made payable to the T,',.in
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 'M
Hearing date(s)
Decision of Board
Decision filed with the Town Clerk __
TOWN OF NANTUCKET
BOARD OF f:PPF_ALS
> L ;:;t of
parties
in interest in the r.,atter of the o`:
Name
C;
t,ddres
i r
Property
Address _
--
re - X-,X
I certify the foregoing is a list of persons who are owners of 1-
abutting the property, owners of land abutting the abutters, Owl'
of land directly opposite the property on any street or way, an'.
owners of land within 300 feet of the property, all as they aj)Pc:!:
on the most recent applicable TAX list.
'
Assessor
Bate
Town of Nantuc.
'4
4F PS7,lc
Ad A 98-ev /I llz�-,(l 62 S-r- XwWetw
s z
'rul ki
jv 1��k'y .4of
WeAP 4,
19 .o-*,C .A;7AVOU
7 f A Pit, o'O C7V- 1 7,: 4,) d Co7vi-7-
C", CT 6 10
3 r 1e- T! W Ir, e. I ffi n t qo Co. re I jA4,ft.S.V%-;
3 s
H06 S. F77. P
4-j
k S�v f- irk
t 'I
as
1,J it
A) oo*\� v)-c-K n MA (02 � Li
F d o
L-j 'z'r v 1-r- Rcl vc h 9-,S+e-r, y
-1 TJ 5 «n C, r-, L/ m T "A' r% T' 3 n s eN
(77/ O;Z <W
t r, '1 �. y �!s C,� e� �, � �:�� f lUc , uek2fi, M 4 Q
Aj