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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
April y , 1988
Re: Decision in the Application of
AGNES M. MURRAY AND CARL F. MURRAY (039 -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
l �
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 MONDAY, MARCH
28, 1988 at 1:30 p.m. in the Town and County Building, Nantucket, made
the following decision upon the Application of AGNES M. MURRAY AND-CARL
F. MURRAY (039 -88) address Box 2, 111 Orange Street, Nantucket, MA 02554.
1. Applicants seek a SPECIAL PERMIT under Zoning By -Law SECTION
139 -33A to alter and extend a non - conforming 2 -car garage by converting
it into a secondary dwelling, adding 64 SF of ground cover. The premises
are located at 111 ORANGE STREET where Union Street intersects it from
the east, Assessor's Parcels 55 -362 and 365, zoned RESIDENTIAL - COMMERCIAL.
2. Our findings are based upon the Application papers, including
plans and photocopies of the existing garage and plans of the proposed
secondary dwelling, viewing and representations and testimony received
at our hearing.
3. The premises comprise two lots treated, for purposes of assess-
ment and zoning, as one lot of 0.28 acre. Parcel 55 -365 is apparently
"landlocked ". Toward the frontage on Orange Street is the principal
dwelling. It is now occupied by Mrs. Agnes Murray, grandmother of Appli-
cant Carl Murray. In order to have a separate dwelling, the latter pro-
poses to convert the existing garage into a secondary dwelling. Where the
garage now has an 18' x 22' footprint with an 8' x 8' storage shed
attached at the south rear, the dwelling would have an 8' x 8' addition
at the middle of the rear and a 6' x 8' deck at the NW rear corner.
Access to the garage is by driveway paralleling the southerly lot line.
The garage is (and since prior to mid -1972 zoning, we are told) 3 feet
within the 5 -foot setback required by Section 139 -16C from that lot line.
4. Since the proposed addition at the rear of the existing garage
is to the north of the existing 8' x 8' shed, it is entirely outside the
required side -yard setback. Without the proposed change from garage use,
V
(039 -88) -2-
findings in favor of that change could be made. To change it to a second-
ary dwelling, however, requires conformity with the strict provisions
of Section 139 -7A(2) - or (3) where applicable.
5. Section 139- 7A(2)(d) requires that the secondary dwelling com-
ply with all other Zoning By -Law regulations, including here the set-
back regulations. Recently this Board in the Greenberg Application
123 -87 decided against conversion of a barn into a secondary dwelling
on the same legal grounds, namely, that the existing building was in
a required setback. That matter is presently the subject of a court
appeal; however, the owner has obtained Planning Board approval to con-
struct a new secondary dwelling elsewhere on the lot where it must
conform with the secondary - dwelling regulations.
6. While this Board favors affordable housing and the use of
existing buildings, we cannot make the necessary findings here for the
zoning relief sought by Applicants. Conversion to dwelling use would
not be in harmony with the intent and purpose of the zoning code and
would conflict with our Greenberg decision.
7. Accordingly, by UNANIMOUS vote of this Board, the requested
SPECIAL PERMIT under SECTION 139 -33A, to alter and extend the existing
garage for use as a secondary dwelling, is hereby DENIED.
Dated: April U , 1988
Nantucket, MA 02554
x)
William R. Sherman
Dorothy D.
ollans
NOTICE
A Public Hearing of the Board of Appeals will be held on rY1Cn6 6tY ,
March N, 1988 at 1:30 P.M. in the Town and County Building, Federal and
Broad Streets, Nantucket on the Application of Agnes M. Murray and Carl F.
Murray ( Q,9 -88) seeking a Special Permit pursuant to 139 -33A to alter a
pre - existing non - conforming structure by adding 64 square feet of ground cover
and to use it in a substantially different manner by converting it to a
secondary dwelling. The existing structure said to pre -date zoning is two
(2) feet from the sideline instead of the presently required five (5) feet.
The premises are located at 111 Orange Street, Assessor's Parcels 55 -362 and
365, zoned Residential /Commercial.
BOA Form 1 -87. No,02a.-
ARPEZCATIOW.
NANTUCKET ZONING BOARD OF APPEALS ( "BOA ")
1
Owner's name(s): Agnes M. Murrav & Carl F. Murra
Mailing address: _ P. 0. Box 2, 111 Orange St.reet, Nantucket, MA 02554
Afplicant's name Carl F. Murray
.,-.-Mailing 'address: Same as above
'`Location of lot(s): Assessor's map and parcel: Map 0055 Parcels 362 & 365
Street address 111 Orange Street
Registry LC PL, PL BK & PG, PL FL Lot Deed ref . 273/338
Subdivision Endorsed _ /_ /_ ANR?
Date Lot(s) acquired: 5/04/87 Zoning district RC
Number of dwelling units on lot(s): 2 Rental guest Looms No
Commercial use on lot(s): None MCD?
Building date(s): all pre -'72 zoning? yes or 65 yrs.
Building permit application-Nos. and dates N/A 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 byyAppeal per -31A & B:
Applicant seeks relief by Special Permit pursuant to 139 -33A to alter a pre- existing
non- conforming structure and to use the structure in a substantially different manner.
If granted applicant will be allowed to convert an existing garage, non - conforming as
to sideline setback, into a secondary dwelling and to add 64 S F of ground cover, not
within the sideline setback area. The structure is presently 2' from the sideline at
its closest point instead of the required 5' The non - conforming distance will not
be made more non - conforming by the alterations.
Enclosures forming part of this ication- L-Supplement bo above
Site /blot plan(s) wit presen proposed structures
Locus map _X_ Floor plans ro ose �_ Appeal:.record`
Needed: areas ,)M frontage 1-77" setbacks o2_' GCR% , parking data a
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'to a best k led ge..under pains'and 'penalties'.of perJury
Signature: Applicant Attorney /Agent
(If not ow r, show sis for authority-tb ^appjj- )'.