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HomeMy WebLinkAbout052-8805C:;? - S� g TOWN OF NANTUCKET °j' VAS BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 May 13, 1988 Re: Decision in the Application of RICHARD BRETSCHNEIDER (052 -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. G' William R. Sherman, Chairman BOARD OF APPEALS cc: Building Commissioner Planning Board Town Clerk BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, APRIL 29, 1988 at 1:30 p.m. in the Town and County Building, Nantucket, made the following decision upon the Application of RICHARD BRETSCHNEIDER (052 -88) address Box 1433, Nantucket, MA 02554. 1. Applicant seeks a SPECIAL PERMIT under Zoning By -Law SECTION 139 -7C to install a year -round Accessory Apartment in his existing single- family dwelling. The premises are iocated at 8 HENDERSON DRIVE, Assessor's Parcel 66 -204, Land Court Plan 28933 -M, Lot 102, zoned RESIDENTIAL - COMMERCIAL -2. 2. Our findings are based upon the Application papers including 3/24/87 plot plan and 4/11/88 basement apartment floor plan, together referred to as our Exhibit "A ", also testimony and representations received at our hearing. 3. We find that Applicant's 0.45 Acre lot with 100 -foot frontage has an adequate driveway, said to be at least 28 feet wide, for the two parking spaces required with addition of an Accessory Apartment. That apartment is proposed for installation in the basement of Applicant's single- family residence. While not entirely clear from the basement floor plan (Exhbit "A ") the apartment is to have not more than 800 SF "gross floor area ". The "locked storage" room shall not be available for the apartment use. 4. Applicant understands that the Accessory Apartment must conform not only with the Massachusetts Building Code but also with each of the conditions of Zoning Section 139 -7C before a building permit and certifi- cate of occupancy can be obtained. Specifically, Applicant must execute (052 -88) -2- and record against his deed to the premises the deed restriction, and file with the Town the addidavit, as set forth in Subsection 7(g). 5. The Planning Board's recommendation was favorable, as was the only comment received from a neighbor. 6. Accordingly, we find that the Accessory Apartment would be in harmony with the general purpose and intent of the zoning chapter. 7. By UNANIMOUS vote, this Board GRANTS to Applicant the requested SPECIAL PERMIT under SECTION 139 -7C for the Accessory Apartment substan- tially as shown in Exhibit "A ". Dated: May 13, 1988 Nantucket, MA 02554 William R. Sherman h. Andrew J. Leddy, Jr. IN Dale W. Waine 30A Form 1 -87 ABPEZCATION'- NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") Nov - )wner's name(s): Mr. Richard Bretschneider Mailing address: P.o.Box 1433 -applicant's name . Hailing address: Same Location of lot(s): Assessor's map and parcel: 066 -204 Street address Henderson Drive Registry LC PL, 28933M Lot 102 Deed ref.11026 Subdivision 3 -M Endorsed 5 / 2,1/ 82 ANR? Date lot(s) acquired: 1 /31/84 Zoning district RC -2 number of dwelling units on lot(s): 1 Rental guest rooms 0 commercial use on lot(s): 0 MCD? Building date(s): all pre -'72 zoning? N/A or Building permit application- Nos. and dates 4302 - 85/8/16/85 C of 0?9/10/85 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 use, or to reverse Building Inspector by;Appeal per -31A & B: Year Round Accessory Apartment Enclosures forming part of this Application: Supplement to above Site /plot plan(s) -- with present /proposed structures Locus map Floor plans present /proposed `,s- Appeal.record' Needed: areas frontage setbacks GCR% parking 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 to the best of my krrowle, -under pains and penalties.'of perjury.: Signature: _ �' .,✓ Applicant Attorney/agent (If not owner, show basis for authority°tb c app1_ - ) NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, APRIL 29, 1988 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of RICHARD BRETSCHNEIDER (052 -88) seeking a SPECIAL PERMIT under SECTION 139 -7C to install a year -round Accessory Apartment in his existing single - family dwelling. The premises are located at HENDERSON DRIVE, Assessor's Parcel 66 -204, Land Court Plan 28933M, Lot 102, and zoned RESIDENTIAL - COMMERCIAL -2. Uud( m ll, William R. Sherman, Chairman BOARD OF APPEALS BOA #orm 1 -87 Owner's name(s): AAPELCATION' t NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") Mr. Richard Bretschneider Mailing address. P.o.Box 1433 Applicant's name Mailing address: _ Location of lot(s): Street address Same Assessor's map and parcel: 066 -204 Henderson Drive Noiv (=- Registry LC PL, 28933M Lot 102- Deed ref.11026 Subdivision 3 -M Endorsed 5 /?`/ 82 ANR? Date Lot(s) acquired: 1 / 31/84 Zoning district RC -2 Number of dwelling units on lot(s): 1 Rental guest rooms 0 Commercial use on lot(s): 0 MCD? Building date(s): all pre -'72 zoning ?. N/A or Building permit application. Nos. and dates 4302- 85/8/16/85 C of 0?9/10/85 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 by�,!Appeal per -31A & B: Year Round Accessory Apartment - +'�l,�r(yk _j o e, 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' Needed: areas frontage setbacks GCR% parking 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-to t e best.jg my k" ,we e+ under pains and penalties.'.of perjury Signature: r / /' Applicant Attorney /Agent (If not owner. show basis for authoritv'tbcann111-.)`: