HomeMy WebLinkAbout013-88TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
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Re: Decision in the Application of
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.
i
William R. Sherman. Chairman
BOARD OF APPEALS
S
j cc: Building Commissioner
Planning Board
Town Clerk
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02554
T1V0TCTnN1.
At a Public Hearing of
MARCH 21, 1988, at 1:30 P.
Nantucket, in the matter o:
(013 -88), the Board enters
following findings:
the BOARD OF APPEALS held on MONDAY,
4. at the Town and County Building,
the Application of MARY ELLEN HALL
the following decision and makes the
1. Applicant seeks a SPECIAL PERMIT under Nantucket Zoning
By -law Section 139 -33.A (Alteration of Pre - existing_ Nonconforming
Structures), seeking permission to alter nonconforming structures
contained upon her premises, which contains five dwelling units.
The premises are located at 40 UNION STREET (Assessor's Parcel
42.3.2 -89) , as shown as plan recorded in Plan Book 21, Page 46,
and are zoned as RESIDENT/IAL -1.
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2. Based upon representations and affidavits presented to
us at the public hearing, we find that the premises contain three
structures, one of which contains three dwelling units, and the
other two of which each contain one dwelling unit; and we further
find that this use has continuously existed since a time prior to
the -1972 effective date of the Nantucket zoning by -law.
The existence of more than two dwelling units upon the premises
constitutes a nonconformity with the zoning by -law; also, the
structures are not in conformity with the front yard, side yard
and rear yard setback requirements imposed by the by -law. However,
we find that these dimensional nonconformities all antedate the
adoption of the by -law and thus are protected from enforcement by
applicable statutory and by -law provisions.
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3. The applicant requests threefold relief to permit the
following matters:
(a) Addition of dormers to the northeasterly structure
upon the premises, a single - family dwelling, within the required
five -foot rear setback.
(b) Ratification of a previous owner's construction of
a deck within the required five -foot rear yard and side yard
setbacks, also in the northeasterly structure.
(c) Constructing alterations including dormers, a
widow's walk and enclosure of an existing porch in the southwesterly
structure, a three -unit building.
4. We find that the applicant's proposed alterations will
generally improve the premises, and will alleviate certain concerns
expressed to us as to neighborhood problems arising from rental
of the premises to groups. Furthermore, the provision of parking
upon the premises, and elimination of one of the three units in
the southwesterly structure (as agreed to by the applicant's
representative at the public hearing) will benefit the neighborhood
in which the premises are located. Accordingly, we found that
the proposed changes, as limited by the conditions imposed in
this decision, will not be substantially more detrimental to the
neighborhood, and thus that the requested relief will be in harmony
with the general purpose and intent of the by -law.
5. Thus, our grant of relief is made upon the following
conditions:
(a) The proposed alterations shall be mane substantially
in conformity with the elevations submitted to us and attached
hereto as Exhibit A. (Minor changes in these plans, to conform
to Historic District Commission requirements, may be made without
further relief from us.)
(b) The southeasterly structure shall be used as two
dwelling units, not as three as heretofore used, once the alterations
to it as permitted by this decision are commenced, and shall not
thereafter be used for more than two dwelling units.
(c) The applicant shall provide four parking spaces
for automobiles upon the premises, two of which shall have direct
access to Union Street and two of which shall have access to
Union Street across the other two spaces (so- called "stacked
parking ").
6. Accordingly, this Board by UNANIMOUS vote GRANTS the
requested SPECIAL PERMIT, upon the conditions herein set forth.
Dated: March o�0 , 1988.
William R. Sherman
Andrew J. Le dy, Jr.
Dorothy D. Vollans
(i� a- jodg)
N O T I C E
A Public Hearing of the BOARD OF APPEALS will be held
on FRIDAY,fV_ &UARY 5-, 1988, at 1:30 P.M., in the TOWN AND
COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the
application of MARY ELLEN HALL (,_ -88), seeking a SPECIAL
PERMIT under Zoning By -Law Section 139 -33.A (Alteration of
Pre - existing Non - conforming Structures) , to (a) allow alteration
of a single - family dwelling by adding dormers within the required
five -foot rear setback; (b) ratify a previous owner's construction
of a deck within the required five -foot rear- and side -yard
setbacks, and permit alteration of this deck; and (c) enable
alteration of an addition to a three - family dwelling without
increasing ground cover. The premises are located at 40 UNION
STREET (Assessor's Parcel 42.3.2 -89), Plan Book 21, Page 46,
and are zoned as RESIDENTIAL -1.
William R. Sherman, Chairman
BOARD OF APPEALS
Jti n -
BOA Form 1 -87 No..�
ARPEZCATION
NANTUCKET ZONING BOARD OF APPEALS ( "BOA ")
Owner's name(s): Mary Ellen Hall
Mailing address: c/o Reade & Alger PC, Post Office Box 2669, Nantucket, MA 02584_
Applicant's name
Mailing address:
Location of lot(s): Assessor's map and parcel: 42.3.2-89
Street address 40 Union Street
Registry +—e P , PL BK & PC, Mr-F+, 21 -46 Lot Deed ref.
Subdivision No Endorsed 3 /23/81 ANR? Yes
Date lot(s) acquired: 9/ 30/ 87 Zoning district Residential -1
Number of dwelling units on lot(s): 5 Rental guest rooms None
Commercial use on lot(s): None MCD? No
Building date(s): all pre -'72 zoning? Yes or
Building permit application Nos. and dates C of 0?
Case No(s). or dates all prior BOA applications: None
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 Inspector by;Appeal per -31A & B:
Applicant- request relief by Special Permit under Zoning By -Law Section 139 -33.A (A1tPration
of Pre - existing Nonconforming Structures), (a) to enable a single - family dwelling to be
alt -erpd by adding second -story flush dormers within the required five -foot rear yard setback;
(h) i -o ratify a former owner's post -1981 construction of a deck extending into the required
five -foot- rear yard and side yard set=back and the alteration of this deck in connection
with renovation of the structure to which it is attached; and (c) to enable structural
AlierAtinn and addition to a three- family dwelling, without increasing ground cover.
Enclosures forming part of this Application: Supplement to above
Site /plot plan(s) X with present /proposed structures X
Locus map Floor plans present /proposed Appeal.record
Needed: areas frontage setbacks GCR% parking data
Assessor's certified addressee list (4 sets) X .Mailing labels) (2:- sets) _X
Fee check for $150.00 payable to Town of Nantucket X "Cap" covenant
i certify that the requested information submitted is substantially complete
and true to best of y know/ledge, under pains and penalties of perjury..
Signature: / L Applicant Attorney /agent _X
(If not owner, show basis for authority•to apply:)
FOR OFFICE USE / )�
Application copies received: 4 o oply, //} for BQA I &I by
One copy given Town Clerk % /�, /y— ���t1"`�✓I Cc)rnpletel
One copy sent to Planning Board and to Building Dept. E/ by ` /��%
$150.00 check given Town �Treassur J /� /,
Notices of hearing posted �/),_, ,.Vn,'iailed
Ilearing(s) held on _ /_ /_ continued to _ /_ / _ /_ /_ withdrawn?
Decision made _ /_ /_ filed with Town Clerk _/ /_ mailed
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