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HomeMy WebLinkAbout071-87TOWN OF NANTUCKET 0 v� I BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 June /Z11987 Re: EDA SCHANZER (057 -87) � or] I - Enclosed is a notice of the 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 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Mrs. Eda Schanzer 76 Union Street Nantucket, MA 02554 Dear Mrs. Schanzer: December /? , 1987 Re: Special Permit and Variance 071 -87 In your letter of December 4, 1987, you ask that we clarify condi- tion (1) for interim rental set forth in the Special Permit and Variance dated Tune 12, 1987. You indicate that you have not been able to lease the rear building to Terrapin Theatre of Siasconset, the not - for - profit organization named in condition (1). You ask our clarification so that you might secure another tenant to fill the approved term of rental to June 1, 1988. At our public hearing of December 11, 1987, we determined that the intended sense of condition (1) was to restrict the interim leasing of the rear building to a not - for - profit organization in its own name or in the name of person(s) affiliated with such an organization, Terrapin Theatre being named by way of illustration. This clarification was confirm- ed by our UNANIMOUS vote. Dated: December /0j, 1987 Nantucket, MA 02554 p William R. Sherman cc: Building Commissioner_ LWA' 4 - Town Clerk , , /0 1 /v/ Andrew J. Ledd , Jr. Planning Board 04 Dorothy D. Vollans TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Mrs. Eda Schanzer Union Street Nantucket, MA 02554 Dear Mrs. Schanzer: June 3, 1988 Re: Special Permit and Variance 071 -87 Responding to your letter of May 18, 1988, we reviewed your request for a time extension at our public hearing of May 20, 1988. As we understand from you, you presently have a tenant leasing your rear building in accordance with our letter of December 18, 1987 clarifying the Special Permit and Variance granted to you by this Board on June 12, 1987. You desire that such lease continue through the summer into the fall while you go forward with structural changes in conformity with our decision. A 6- months extension is provided for in Section 139 -30G (for Special Permits) and in MGL Ch. 40A, Section 10, as amended by Ch. 195 of the Acts of 1984 (for Variances). Extension is also provided for in Paragraph 9 of the decision, conditioned on the premises being used only for residential purposes con- forming to the Zoning Code and not for retail, office or other commercial use. Having found that the basis for the relief granted June 12, 1987, continues, we hereby grant the requested 6 -month extension, to expire December 12, 1988. Correspondingly, if, a Certificate of Occupancy for the rear building has not been obtained by December 1, 1988, you or your successor must forth- with remove the kitchen from the rear building and not, at any time after 12/2/88, use the rear building as a separate dwelling unit or as a detached structure for human habitation. William R. Sherman cc: Building Commissioner Andrzw t�, ,*,, Town Clerk Andr J. Leddy Jr. Planning' Boar' DOrOthv P_ nl 1 an NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 December 12, 1988 Mrs. Eda Schanzer 76 Union Street Nantucket,', MA 02554 Re: BoA Files 057 -87 & 071 -87 Dear Mrs. Schanzer: This will confirm the Board's response to your letter of November 21, 1988, and to the concerns you expressed at our public meeting December 9th. Enclosed are a copy of our 6/12/87 decision, clarifying letter of 12/18/87 and our letter of 6/3/88 purporting to extend the relief for 6 months, i.e., until today. While you did not raise this time the question of a further time extension, we note in your letter to us of May, 1988, that you had architectural plans completed and a building permit issued. You may, therefore, hold the position that no extension was needed and, particularly if you did not file our extension letter of 6/3/88 in the Registry of Deeds, that the conditions of the extension letter did not come into force. Even if asked, we are not able to extend the Variance another 6 months, and the Special Permit depends upon it. Whether or not the Variance was necessarily extended by our letter of 6/3/88, that letter did extend the 6/1/88 time limit on temporary rentals of the rear building to non - profit organizations or to individuals having an affiliation with a non - profit organization. Because of uncertainties in the situation, we suggest that you talk with the Building Commissioner and your lawyer before making further preparations for structural .changes to the rear building. They may be able to advise you whether or not any restriction as between residential and commercial uses may apply to your property, both uses being permitted in your zoning district. I believe the foregoing responds to your letter as far as properly we may under the circumstances. We are not to give advisory opinions nor to grant new zoning relief without the filing of a complete application and further public hearing. With all good wishes for the Season, , William R. Sherman, Chairman cc• ilding Commissioner NOTICE A Public Hearing of the BOARD OF APPEALS will be held on MONDAY, JUNE 19 1987 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of EDA SCHANZER (071 -87) seeking a SPECIAL PERMIT under SECTION 139 -7(c) to install an Accessory Apartment in her single- family residence after joining an existing shed to the residence by means of an addition and converting the shed from commercial to apartment use. A VARIANCE from SECTION 139 -16A is also sought, allowing ground cover to exceed 30% of 3957 SF for this undersized lot by @70 feet. The premises are located at 76 UNION STREET, Assessor's Parcel 55.1.4 -073, Plan File 15A in the RESIDENTIAL - COMMERCIAL zone. William R. Sherman, Chairman�J BOARD OF APPEALS BOA,rorm L -87 No.- AAPEZCATION-- NANTUCKET ZONING BOARD OF APPEALS ( "BOA") Owner's name(s): Eda Schanzer Mailing address: 76 Union Street Applicant's name : Eda Schanzer Mailing address: 76 Union Street Location of lot(s): Assessor's map and parcel: 55.1.4 -73 Street address 76 Union S reet Registry ifiXRkMXRkXftAxJ6& PL FL 15A Lot _ Deed ref. Subdivision Endorsed ANR? Date lot(s) acquired: // Zoning district—RC Number of dwelling units on lot(s):2_requested Rental guest rooms Commercial use on lot(s): shoe MCD? Building date(s): all pre -'72 zoning? no or pre -1972 cottage 1986 house Building permit application Nos. and dates 4035 -85 C of 0 ?n2t yet Case No(s). or dates all prior BOA applications: None s —) - State fully all zoning relief sought together with all respective Code sections and subsections, specifically, what you propose compared with present and what grounds you urge, for BOA to make each finding per Section 139 -32A if Variance, -30A if Special Permit, -33A if to alter or extend non - conforming use, or to reverse Building Insoector hvvAnn..1 _91A o Enclosures forming part of this Application: Supplement to above Site /blot plan(s) x with present /proposed structures x Locus map x Floor plans present /proposed Appeal record Needed: areas x frontage x setbacks x GCR% x parking data x Assessor's certified addressee list (4 Sets • Mailing labels (2 ..sets) _ Fee check for $150.00 payable to Town of Nantucket "Cap" covenant I certify that the requested information submitted is substantially complete and true Arlshow e best o knowledge, under pains and penalties'of perjury: Signature: ¢L Applicant Attorney /agent x (If not own is for authority'to ^app }jc;)'. FOR OFFICE USE Application copies received: 4; (or �0 ly 4� for�OA Ar/ by � One copy given Town Clerk ,y �. �.� Complete? One copy sent to Planning Board and to Building Dept. -C" b T Y $150.00 check given Town - reasurer y - -/ Notices of hearing posted wiled published Hearing(s) held on _ /_ /_ continued to _ /_� _ /_ /_ withdrawn? Decision made _ /_ /_ filed with Town Clerk _ /_ /_ mailed _ /_/ See related files: application - litigation - other 01" NANTUCKET x-oard of Appeals List 4::,' Parties in .. ;t1ter"t in the M21ter of the potitiol, of: ...`gym �•::.__.E_s��...� �h a�--- - - ---- - - - -- : - - - -- .__ _. _ _.... Map 55 Par,.t 7.3 o-, Qn1jE* :,,:,d own4"L4F'4+Ff is " list Of PVrs(:(,s vino ;Ire 0,.yncr� 0i ers of land directly, opposj!, Pbuit:!- i �,I,: Of land within '20 �llu Pl-OPertY On rny st:-,�t or rcrnt — 0 feet Of the propertlY, *,,-Il as they Pplic b1t, list. Y appeur On the rxs, Me !Sscz;sor Town Of Nru a, __ ... i ILA �/� - � ;n _is ►71 �► Oti N CT. 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S .a ,wrqu. , KMl+`!•iRy�.t..rU+M.+.w +.�,.». «».w ._...._ �- _— ..�_.. - .. _ ..— .. - 10 1 0014 -097 T: ryL•:•At'i:CSH JOHN C: JIB & Mi':R(::OT ),J C. • r. I9, r /L `, t s• f " GC.�% L t sl , c t C/:. G �f[ ��j�, TOWN OF NANTUCKET 0 --7 / - s?'7 BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 June /2-,1987 Re: EDA SCHANZER (057 -87) c C) r] I" Enclosed is a notice of the 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 s BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on MONDAY, JUNE 11 1987 at 1:30 p.m. in the Town and County Building, Nantucket, made the following Decision upon the Application of EDA SCHANZER (057 -87) and (071 -87) address 76 Union Street,'Nantucket, MA 02554. 1. Applicant in our case 057 -87 seeks a VARIANCE from the 12 -foot front -to -rear spacing between her existing primary dwelling and proposed secondary dwelling to the rear, such spacing being required by Zoning By -Law SECTION 139- 7A(2). In case 071 -87 alternative relief by VARIANCE is sought from the 30% maximum allowable ground cover ratio to allow a 70 SF excess cover. If that relief were granted, she proposes adding a 99 SF linK between her dwelling and the accessory apartment, provided that further relief is granted by SPECIAL PERMIT under SECTION 139 -7(c) for such apart- ment. With Applicant's concurrence, these two Applications are taken up on a consolidated basis. The premises are located at 76 UNION STREET, Assessor's Parcel 55.1.4 -073, Plan File 15A, and zoned RESIDENTIAL - COMMERCIAL. 2. Our findings are based upon the two sets of Application papers, viewings, correspondence and representations and testimomy received at our hearings of May 1 (057 -87, only) and June 1, 1987 (consolidated). 3. In 057 -87, Applicant represented that the accessory building in the rear of the undersized 3957 SF lot was moved to its present site in 1984. Previously, and for years prior to zoning, the lot had been empty. After she acquired the lot 6/11/84, she and her husband obtained a temporary Certificate of Occupancy, using the building as their year -round dwelling after installing a kitchen and bathroom and heater. 17heir intention then was to have their new residence constructed toward the front of the lot, whereupon she could use the rear building as her shop for retail sale of calenders, postcards or the like. The siting of the new dwelling was repre- sented by her as farther back from Union Street then she preferred. In any event, the new dwelling, when finally completed, was spaced about 9 feet (057 -87 and 071 -87) -2- forwardly of the rear building. In the meantime, her husband died. She says that she now wants a dwelling unit in the rear building to rent out year -round for supplemental income, for herself, or for a successor if the property is sold. 4. Since Applicant bears responsibility for the siting of the two buildings less than the 12 -foot distance apart required by Section 139 -7A(2) between primary and secondary dwellinjS� she cannot sustain a claim of hard- ship unless self - inflicted. There are no conditions of lot shape, soil conditions or land topography of the sort required for Variance relief under Section 139 -32A. Moreover, the Planning Board's recommendation was unfavora- ble, and neighbors were opposed. This Board has been firm in its strict observance of the 12 -foot required spacing out of concern that secondary dwellings not be proliferated but built only when fully in compliance with the zoning code. 5. Accordi'#Y, by UNANIMOUS vote of this Board, relief by VARIANCE from the SECTION 139 -7A(2) spacing requirement is DENIED. 6. By contrast, we have been mindful of a policy favoring Accessory Apartments as one of various ways to increase much - needed year -round housing In applying for relief necessary for installing an Accessory Apartment, she has the favorable recommendation of the Planning Board. While some neighborhood opposition was voiced, we understood that a residential use of the property was strongly favored over the alternative of a commercial us 7. To meet the threshold requirement for installing an Accessory Apartment in -the rear building, that building must become physically part of her home, not detached nor simply connected by a "breezeway" (defined in Section 139 -2). She proposes an addition the width of the rear building (about 11 feet) and filling the about 9 -foot gap required to connect the rear building to her dwelling. But such addition with a foo-t:print of some 99 SF would carry the total ground cover about 70 SF over the 30% maximum allowable GCR. Because her lot of record is less than 5000 SF and because of the topography of the two buildings on the lot, she claims the requisite hardship for variance relief, being otherwise unable to add to the year - round housing stock as favored by the Zoning code. While she must take responsibility for the existing ground cover, the undersized lot is not of (057 -87 and 071 -87) -3- her making but buildable under Section 139 -16A. 8. She understands that she must conform with the detailed require- ments of Subsections 139- 7C(2)(a) through (g), especially the covenant of year -round occupancy required in (g). She will provide the required off - street parking. 9. To assure that (071 -87) relief will be in harmony with the general purpose and intent of the zoning chapter and may be granted without sub- stantial detriment to the public good and without nullifying or substantially derogating from its intent and purpose, we impose the following conditions: (1) Pending completion of the 9' x 11' addition and issuance of a Certificate of Occupancy for the Accessosry Apartment, the rear building may be used temporarily as a residence leased to the not - for - profit organi- zation Terrapin Theatre of Siasconset; (2) Such temporary residential use shall not continue beyond 6/1/88; if such Certificate of Occupancy has not been issued by that date 6/1/88, Applicant or her successor shall forthwith remove the kitchen from the rear building and not at any time after 6/1/88 use the rear build- ,:... ing as a separate dwelling unit or as a detached structure for human habitation. ; if Applicant is proceeding continuously toward completion of the Accessory Apartment, she may, at a public hearing of this Board, prior to 6/1/88, ask for a modification of this decision in order that the kitchen be retained beyond 6/1/88 without being used after that date until issuance of the Accessory Apartment Certificate of Occupancy; (3) If the kitchen is retained pursuant to condition (1) or (2) or otherwise is not removed forthwith (and, in any event, if the allowa- ble 30% ground cover is exceeded or the Accessory Apartment is installed) the premises shall thereafter be used only for residential purposes con- forming to the Zoning code and not for retail, office or other commercial use;