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HomeMy WebLinkAbout039-88t f 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- )'.