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Home My WebLink About106-8699 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 October 91 1986 Re: MARY LOUISE DENNIS (106 -86) 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: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, OCTO- BER 39 1986 at 1:30 p.m. in-the Town and County Building, Nantucket, made the following Decision on the Application of MARY LOUISE DENNIS (106 -86) address c/o Reade and Alger, Box 2669, Nantucket, MA 02584. 1. Applicant seeks a SPECIAL PERMIT pursuant to Zoning Code SECTION 139 -7C to have an Accessory Apartment within her existing single - family dwelling. The premises are located at 5 WALL STREET, Assessor's Parcel 82 -81, Lot 14 of Land Court Plan 14341 -D in the LIMITED USE GENERAL -2 zoning district. 2. Our findings are based upon the Application papers, plan from Building Department file, and correspondence, and title certificate, testimony and representations received at our hearing. From this we understand that Applicant's residence was originally constructed, whether overtly or covertly with a second apartment -type dwelling unit on the ground level. Applicant's residence is situated above said unit. For some time past, the apartment has been occupied, apparently by a tenant and subtenant. 3. Applicant's neighbors in the Cisco Estates subdivision are strongly and almost unanimously opposed. Counsel for some number of them called our attention to a deed restriction common to Cisco Estates properties including Applicant's, which would allow only one single - family dwelling use on the premises. Despite indications in one of numerous opposing letters from such neighbors of another apartment use in Cisco Estates, we heard convincing testimony that the limitation to a single dwelling unit use was being adhered to. 4. We are not, of course, empowered to enforce deed restrictions. Indeed, we are, if anything, biased in favor of Accessory Apartments as,one means generally supported by the community for alleviating a (106 -86) -2- shortage of year -round housing. Applicant is understood to have an apartment unit installed which would meet all the requirements of sub- sections 7C(2)(a) -(f) and is prepared to execute the year -round occu- pancy covenant per (g). She seeks, we understand, supplemental income - subsection (1). We do not construe Section 7C(1) as requiring an appli- cant to establish the right to have a detached secondary dwelling or garage apartment on the property to be entitled to the alternative of an Accessory Apartment (nor does the Zoning Code allow a duplex in the LUG -2 district). 5. Nonetheless, we are unable here to find that the structure and use are in harmony with the general purpose and intent of the zoning chapter. The Limited Use General -2 district was established to provide a semi -rural environment with minimum lot size of 80,000 SF. The Board of Health regulations required 40,000 SF per dwelling and associated septic system in an effort to protect against contamination of the aquifer upon which the Island's future depends. While this regulation includes grandfathering for lots such as Applicants.it sensitizes us to the concerns of her Cisco Estates neighbors. Appli- cant's and their lots are approximately 0.5 acre in size, half that required by the regulation, with some up to 3/4 acre. Considerations of health, density of use, neighborhood coherence and the like, militate against our making the finding requisite to Special Permit relief. (The Planning Board's recommendation was, however, favorable.) 6. Upon motion to grant the relief requested, this Board voted UNANIMOUSLY in the NEGATIVE. Accordingly, relief is DENIED. Dated: October 9, 1986 Nantucket, MA 02554 Dale W. Waine �, /*. r � Lamar. —r1 William R. Sherman x0oo /; IV LL� Dorothy D. Vollans NOTICE A Public Hearing of the BOARD OF APPEALS will be held on Friday, Och( 3 , 1986, at 1:30 P.M., in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREET, NANTUCKET, on the Application of MARY LOUISE DENNIS (/0(v-86), seeking a SPECIAL PERMIT under Nantucket Code §139 -7.0 (Accessory Apartments). If granted, the applicant would be permitted to establish an accessory apartment within her existing dwelling, for year - round occupancy. The premises are located at 5 WALL STREET (Assessor's Parcel 82 -81), Land Court Plan 14341 -D, Lot 14, and are zoned LIMITED USE GENERAL -2. div, William R. Sherman, Chairma BOARD OF APPEALS FEE $100.00 Case No. APPLICA'T IOP in TI+E BOARD OF WEALS Nantucket, Massachusetts To the Members of the Board of A ppeals: The undcrsigned hereby applies for relief from the terms of the . (ZONING BY- LAW)($V(LDTNG CODE) on Property described below: Location of Property____ 5 Wall- Street (82 -81) Lot No. 14 _ _ Plan No. 14341 -D District is zoned for Limited Use General -2 Type of structure (Existing or Proposed) or proposed use: Year -round accessory apart- ment Owner's Name Mary Louise Dennis Owner's Address c/o Arthur I. Reade, Jr., Reade & Alger Prof. Corp., P.O. Box 2669,Nantucket MA 02584 When did you acquire this property? September 6 1984 Has application been filed at Building Department? No. Has any previous appeal been made? No. Section of By -Law or Code from which relief is requegted: §139 -7.0 (Accessory Apartment) Reason for asking relief: Applicant requests a special permit for a year -round accessory apartment pursuant to §139 -7.0 of the by- lat•7, within her existing dwelling. Signature of applicant MARY LOUISE DENNIS%'' By: /kr%� /. •�'' ATTACH: (1) A list of the names and addresses of each abuttincf o6ner� and owner abutting the abutters, and owners within 300 feet. (2) A check in the amount of $100.00 made payable to the Town I' 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 /� Advertisina dates Hearing date(s) Decision of Board Decision filed with the Town Clerk _ 'i / L _ ~ � � r7 --^`rp T /^"�^ Q � `m ! � � , � � � ^ ti TOVJTI OF i1PMVIC'KFT List of Parti ^s in interest in the matter of the Petition of: Name: Mary Louise Dennis -- Address: c/o Reade & Alger Prof. Corp P.O. Box 2669, Nantucket, MA 02584 Property Address: 5 Wall Street (82 -81) See Attached List. 0 10 LI C) ;"1 8 3 I certify the foreyoi abutting the pronertv nn any street or way, all as they appear on August-�21 , 1986____ Dates is is a list of persons who are owners of land and owners of land directly opposite the property and owners of land within 300 feet of the property the most recent applicable TAX. list. Assessor '?'own of Nantdc&-eIj }}ta J.. 47 i`I f ;p 1 O J r! AA AD1 1 O It > I X 11 OO i ! L. -. n h _ 1 "� I1+ I .•'. I L v.? 1: I Li IL bi to 1 .4 .•E .;^"S,: `A # .. 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