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HomeMy WebLinkAbout003-88C70 � -gig TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 February 11 , 1988 Re: Decision in the Application of PAMELA SABIN, CARL M. JELLEME AND PAMELA AND HOWARD JELLEME (003 -88) 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. cc: Building Commissioner Planning Board Town Clerk �f i 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, JANUARY 29, 1988 at 1:30 p.m. in the Town and County Building, Nantucket, made the following Decision upon the Application of PAMELA SABIN, CARL M. JELLEME AND PAMELA AND HOWARD JELLEME (003 -88), address 22 Fair Street, Nantucket, MA 02554. 1. Applicants seek a SPECIAL PERMIT under zoning By -Law SECTION 139 -33A to alter and extend a single- family dwelling by adding a second - floor bathroom on {he west side. The premises are located at 30 YORK STREET, Assessor'sparcel 55.4.1 -150, Deed Book 229, Page 215, zoned RESIDENTIAL -1. 2. Our findings are based upon the Application papers eluding plot plan, west elevation and first- and second -floor plans (together referred to as our Exhibit "A "), viewing, and representations and testi- mony received at our hearing. 3. We find that Applicants acquired the premises 5/1/86 and have proceeded with upgrading the principal dwelling pursuant to a Building Permit issued 12/11/87. They are also, we are told, adding a secondary dwelling to conform with the requirements of Section 139 -7A(2) or (3). See our file 023 -86. Vehicular access to the lot is from a street at the rear, Boyer's Alley, near which the secondary dwelling is proposed. 4. Here, Applicants want to construct a 54 SF addition on the west side of the second floor to accommodate a full bathroom. This addi- tion extends about 1.5 feet into the required setback but not as far as corner portion or jog in the west wall of the house. The house, that portion and the lot itself are all said to pre -date our mid -1972 zoning. The Building Department has, by undated form letter, required modification of Applicants' plans unless the requested Special Permit relief is obtained. (003 -88) -2- obtained. 5. Section 139 -33A, by 1982 amendment, authorizes our grant of the Special Permit when we find (1) that the existing non - conforming setback distance is not made more non - conforming and (2) that the exten- sion will not be more detrimental to the neighborhood. We so find. No building or use is so located on the westerly abutting lot as to suffer any detriment. The proposed bathroom use of the addition is suggestive of privacy rather than any intrusion upon the abutter. No objection was heard, and the Planning Board's recommendation was favorable. We are further able- to find that the requested relief is in harmony with the general purpose and intent of the zoning chapter. (Relief here is not to be taken as affecting, for or against, any other question of zoning com- pliance.) 6. Accordingly, by UNANIMOUS vote this Board GRANTS to Applicants the requested SPECIAL PERMIT under SECTION 139 -33A to construct and use the proposed 54 SF second -floor addition in substantial accordance with Exhibit "A ". Dated: February 11 , 1988 NANTUCKET, MA 02554 William R. Sherman Y' C. Marshall Beale Dale W. Waine r NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, JANUARY 29, 1988 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Applica- tion of PAMELA SABIN, CARL M. JELLEME AND PAMELA AND HOWARD JELLEME (003 -88) seeking a SPECIAL PERMIT under SECTION 139 -33A to add 54 SF of bathroom space on the second floor of the principal dwelling at least partially within the 5 -foot westerly side lot line setback required by SECTION 139 -16C. The dwelling is said to be non - conforming since before mid -1972 zoning enact- ment. The premises are located at 30 YORK STREET, Assessor's Parcel 55.4.1 -150, Deed Book 229, Page 215, and zoned RESIDEN- TIAL-1. William R. Sherman, Chairman BOARD OF APPEALS WA � / , . .r �" 30A Form 1 -87 ARPEICATION" NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") )wner' s name(s): U!VV�p ah C failing address: applicant's name failing address: Location of lot(s): Assessor's map and parcel: Street address VNAC Registry LC PL, PL B /& PG, PL FLdLTZ I ,Qt Deed ref. Subdivision Endorsed /_ /_ ANR? late lot(s) acquired: /17(p Zoning district -% Vumber of dwelling units on lot(s):p,np+,nu,i7 "59ental guest rooms /v'//� :ommercial use on lot(s): Jam_ MCD? Building date(s): all pre -'72 zoning? or Building permit application-Nos. and dates �%� } a• ,� C of 0? lase No(s). or dates all prior BOA applications: 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 ruse, or to reverse Building Inspector by/Appeal per -31A & B: No. - (TZS ?nclosures forming part of this Application: Supplement to above Site /plot plan(s) 4— with present /proposed structures L� Locus map 4— Floor plans present /proposed __q_ Appeal,record Needed: areas frontage setbacks GCR% parking data Assessor's certified addressee list (4 Sets):, Mailing labels) E2:.sets Fee check for $150.00 payable to Town of Nantucket _� "Cap" covenant certify that the requested information submitted is substantially complete and true o the best of m knowledge, under pains and penalties of perjury. >ignature: Applicant 1,_Attorne rr y /anent ;If not owner, show basis for authority =to ,3appJ -.._ : BUILDING DEPARTMENT TOWN BUILDING ANNEX 2 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 Telephone 228 -6800 ext. 230 13. The plan as proposed violates Zoning Section 131-11 G , plans must be modified by ^tMoJ�a o:r �4k P�Dtliy�J cJ tt.i,J O_ Sipe Sc: 6A .k or relief granted by the Z.B.A. ���e Tj_ ty q - Z3 14. The plans lack sufficient clarity to describe the work to be undertaken. 15. Upon receipt of the information requested above, your resubmitted application will be reevaluated. Thank you in advance for your cooperation. Stephen J. Butler Plans Advisor