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Home My WebLink About021-88y TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 April 'r , 1988 Re: Decision in the Application of DONNA BBASLY (021 -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 William R. Sherman. Chairman BOARD OF APPEALS 0 BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, MARCH 25, 1988 at 1:30 p.m. in the Town and County Building, Nantucket, made the following Decision upon the Application of DONNA BEASLY (021 -88) address Box 241, Siasconset, MA 02564. 1. Applicant seeks relief under the Zoning By -Law , originally by variance and here by SPECIAL PERMIT under SECTION 139 -33A, from the 10 -foot front -yard setback required by Section 139 -16A. Such relief, if granted, would allow construction of an approximately 11'6" x 14'6" deck to extend easterly from the existing dwelling parallel to the south- erly front lot line with a spacing no less than 3.45 feet (the spacing of the southeast corner of the dwelling from-that lot line, which there- abouts is also the street line of Fawcett Way). The premises are located at 15 BANK STREET, in the Cod Fish Park section of Siasconset, Assessor's Parcel 73.1.3 -062, Book 219, Page 270, Lots 1 and 2, zoned RESIDENTIAL -1. 2. Our findings are based upon the Application papers, including a plan dated 1/22/88 titled "Deck Addition" (our Exhibit "A "), also copy of a portion of plan showing surveyor's date of 9/14/73, together with representations and testimony received at our hearing. 3. Applicant's lot of about 3846 SF was acquired 10/15/84 by Appli- cant jointly with Jack S. Beasley. As shown on the surveyor's plan, that lot originally comprised 1739SF Lot 1 with the dwelling and 1747 SF Lot 2 with a square shed near the southerly lot line. On Exhibit "A ", the dwelling is shown as having a small northerly addition, the square shed is gone and elongated accessory building is shown near the easterly lot line. No reference is found on the Application form to any building permit for those changes since 1973. In any event, the original dwelling pre -dates '3o wing and is non - conforming to zoning, notably by having less than the required 10 -foot setbacks from Bank Street (aka Jackson) to the west and Fawcett Way to the south. For zoning purposes, Lots 1 and 2 are legally merged. (021 -88) -2- 4. As a pre- existing, nonconforming single- family residential use, the premises qualify for relief under Section 139 -33A by Special Permit. The proposed deck, by its proposed location within the required front yard, would "increase the nonconforming nature" of the residential structure. However, the non - conforming distance (3.45 feet), where the deck will tie into the southeast Corner of the dwelling, is not made more non - conforming. Instead, the deck will parallel the Fawcett lijay street line with that 3.45 -foot spacing. 5. No opposition was heard, the Planning Board's recommendation was not unfavorable, and no detriment to the neighborhood from the pro- posed deck is foreseen. The relief by Section 139 -33A Special Permit is found to be in harmony with the general purposes and intent of the zoning chapter. Findings required for the requested variance relief cannot be made and are here unnecessary for adding the deck. 6. Accordingly, by UNANIMOUS vote, this Board GRANTS to Appli- cant a SPECIAL PERMIT under SECTION 139 -33A to alter and extend the existing dwelling structure by adding the proposed deck substantially as shown on Exhibit "A ". (Relief by variance, unnecessary for such purposes, is denied.) Dated: April 5' , 1988 Nantucket, MA 02554 � 1111e ! G- William R. Sherman C. M rshall B a e Dale W. Waine NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, MARCH 25, 1988 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of DONNA BEASLY (021 -88) seeking a VARIANCE from the 10 -foot front yard setback re- quirements of SECTION 139 -16A (or 5 -foot side yard per Section 139 -16C, if applicable) to allow construction of an approximately 11'6" x 14'6" deck extending easterly along a continuation of the front building line of an existing single - family dwelling toward Fawcett Way and away from Bank Street. The premises are located at 15 BANK STREET, Assessor's Parcel 73.1.3 -062, Book 219, Page 270, Lots 1 and 2, zoned RESIDENTIAL -1. Andrew J. Ledd Jr., Ac ng Chairman BOARD OF APPEALS OA Form 1 -87 ARPEICATION'`7 NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") Nov - wner's name(s): ailing address:�'X pplicant's name��Z` --�=__ �• -�1' \Z ailing address: : ZX 7-Y, ocation of lot(s): Assessor's map and parcel: �'�✓ �. ?�G�?_ Street address - Registry LC PL, PL BK & PG, PL FG Lot Deed ref. Subdivision 70 Endorsed "/ /_ ANR? ate Lot(s) acquired: L'/Ij21L Zoning district ^jZ umber of dwelling units on lot(s): I Rental guest Rooms f� ommercial use on lot(s): '— �AOV4V_ MCD? t l� uilding date(s): all pre -'72 zoning? _f�15� or Building permit application- Nos. and dates C of 0? i ase No(s). or dates all prior BOA applications: tate 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- YAppeal per -31A & B: ry- nc`losures forming part of this Application: Supplement to above Site /plot plan(s) with present /proposed structures }� Locus map , Floor plans present /proposed Appeal record' t �. Needed: areas �etL)O frontage s setbacksti GCRy 'x parking data Assessor's certified addressee list (4 sets*)..-:, Mailing •labeliO A is Fee check for $150.00 payable to Town of Nantucket I'Cap" covenant certify that the requested information submitted is substantially complete and true t tae �.e.� t krt w' edge,' . under pains ' and penalties. *,.bf per jury 4 ignature: t Applicant .� Attorney /agent If not owner, show basis for authority tb^apply )` IOA Form 1=87 No. - APPLICATION— NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") :)wner' s name(s): failing address: "P_-O-A 24� S�ASao►ys A�d�� pplicant's name : C_4+ NZz , � YZ r�p► mT tailing address: v7i��4 _ocation of lot(s): As Soros map and parcel: :'�-%-_S• l I <o;�-, Street address Registry LC PL, PL BK &PG, PL FL Lot Deed ref. Subdivision Endorsed _ /_ /_ ANR? )ate lot(s) acquired: _ /_ /_ Zoning district 4umber of dwelling units on lot(s): Rental guest rooms D '.ommercial use on lot(s): uOtar-, MCD? 3uilding date(s): all pre -'72 zoning? or Building permit application Nos. and dates C of 0? ease No(s). or dates all prior BOA applications: >tate fully all zoning relief sought together with 0all 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: ?nclosures forming part of this Application: Supplement to above Site /plot plan(s)�C with present /proposed structures Locus mapX Floor plans present /proposed Appeal record I Needed: areas SP°O frontage 60I setbacks 1c 5I GCR% p°Loparking data 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 e o m o le e under pains and penalri-_ of perjury. Signature: Applies-' _- '1/agent (If not owner, show basis for authorit -4- ILI '�19u BOA Form. 1 -87 No.- �` APPEZCATION" NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") Owner's name(s): 1._ Mailing address: tjL',�C Z_+i 'Sip, Y�C T`,, �`�.,; Applicant's name �- Mailing address: 7 >-)'- Z.7�'t�.►,i"�, t,''tH �: �� =�'� Location of lot(s): Assessor's map and parcel: Street address i1-5 1p L1 t, `�C, � y .�: t� � _ �i F-' Registry LC PL, PL BK & PG, PL FL Lot - Deed ref. Subdivision c Z,7&- Endorsed _ /_ /_ ANR? Date tot(s) acquired: Zoning district Number of dwelling units on lot(s): �_ Rental guest Rooms 1�7= Commercial use on lot(s): cia.1t= MCD? Q Building date(s): all pre -'72 zoning ?._" or Building permit application-Nos. and dates C of 0? - Case 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 use, or to reverse Building Inspector byrAppeal per -31A & B: Enclosures forming part of this Application: Supplement to above Site /plot plan(s) >", with present /proposed structures � Locus map '-/. Floor plans present /proposed Appeal.record' r, 61, Needed: areas rvcvc) 9 frontage i_-:� setback 7 '? GCRy ;�,•. / parking data ' Assessor's certified addressee list (4 sets):: �%r� • 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 t kn w edge; under pains and penalties. '.of perjury.; Signature: Applicant Attorney /agent (If not owner, show basis for authority tb ^app1jc:)'.