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Home My WebLink About067-88r � TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 July 29, 1988 Re: Decision in the Application of MICHAEL AND BARBARA CAIN (067 -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. William R. Sherman, Chairman BOARD OF APPEALS cc: Building Commissioner Planning Board Town Clerk BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MA 02554 DECISION: At a public hearing of the BOARD OF APPEALS on Friday, July 8, 1988 at 1:30 p.m. in the Town and County Building, Nantucket, on the Application (067 -88) of MICHAEL and BARBARA CAIN of 132 Spruce Street, Burlington, VT. 1. Applicants seek a Special Permit under zoning Bylaw Section 139 -33A to alter and extend their nonconforming single- family dwelling by relocating the existing garage for attachment to the house, with second -story bedroom and bath added over the garage and bunk bedroom added on the first floor to the east of the garage space. Front and side lot line setbacks will be increased from 1.4' and 1.51, respectively, to 11' and 7.61. The premises are located at 45 BAXTER ROAD, SIASCONSET, Assessor's Parcel 49 -013, Plan Book 19, Page 24, Lot 39, in the zoning district Residential -2. 2. Our findings are based upon the papers submitted in this and prior application 029 -86, viewing, a 2 -sheet set of site, floor and elevation plans (our Exhibit "A ") received 6/21/88, and representations and testimony received at our hearing. From these, we understand that Applicants no longer seek to convert the garage into a detached secondary dwelling in the form of a garage apartment. They now propose to unify the garage with the house to provide an enlarged single- family dwelling. In doing this, siting of the garage structure will be made more conforming with respect to setbacks required by Sections 139 -16A and C. From the current site plan, it also appears that Applicants will be able to utilize the relocated garage space for automobile storage without access to that space being blocked by landscaping timbers set across the `way' (Ann's Lane). 3. The garage relocation will fully close a present 9 -foot gap between the buildings, we understand, so that further relocation to improve zoning conformity would not be as practicable. In this and other respects, Applicants have significantly bettered their original proposal of #029 -86, so that relief is warranted here. Matters in dispute in their appeal from the 029 -86 decision are presumably laid to rest sufficiently for disposition of the Nantucket Superior Court Action Civil No. 2127. 4. No opposition to the requested relief was heard. We find that such relief would not be substantially more detrimental to the neighborhood but in harmony with the general purposes and intent of the zoning chapter. 5. Accordingly, by UNANIMOUS vote, this Board grants to Applicants the requested Special Permit under Section 139 -33A to effect the proposed construction in substantial conformity with Exhibit "A ". Dated July 2q, 1988 C. arshalj,,�/-Beale `David Legge t A4 - 2 - Mica O'Mara L. NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, JULY 8, 1988 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Appli- cation of MICHAEL AND BARBARA CAIN (067 -88) seeking a SPECIAL PERMIT under SECTION 139 -33A to alter and extend a non- conform- ing single - family residence by relocating the existing garage for attachment to the house with second story bedrooms and bath added over the garage, partly within the required 30 -foot front and 10 -foot side yard setbacks. Pres:nt 1.4' and 1.5' setbacks will be increased to 11' and 7.6', respectively, on this undersized 8569 SF lot (20,000 SF required). The premises are located at 45 BAXTER ROAD, SIASCONSET, Assessor's Parcel 49 -013, Plan Book 19, Page 24, Lot 39 zoned, RESIDENTIAL -2. See our file 029 -86, Cain v. Nantucket Board of Appeals,Superior Court Civil No. 2127. Linda F. Williams, Secretary BOARD OF APPEALS BOA Form 1 -87 ABPELCATION NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") Owner's name(s): Michael and Barbara Cain Mailing address: 132 Spruce Street, Burlington, VT. Applicant's name : Same Mailing address: Same Location of lot(s): Assessor's map and parcel: 49 -013 Street address 45 Baxter Road, Siasconset, Massachusetts Registry W PLY, PL BK & PG, )MXFL 19/24 Lot -39 Deed ref. 195/205 Subdivision Endorsed / / ANR? Date lot(s) acquired: 11 /04/ 82 Zoning district R -2 Number of dwelling units on lot(s): One Rental guest kooms N/A Commercial use on lot(s): N/A MCD? N/A 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: 29 -86 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 seeks special permit under Nantucket Zoning By -Law Section 139 -33A, to extend a structure which is non - conforming as to front and side yard setbacks by adding a second story to the existing garage. The garage will be moved back away from the road and closer to the center of the lot thus reducing the front and side line non - conformities from 1.4 feet and 1.5 feet respectively to 11 feet and 7.6 feet respectively. The Special Permit needed is to extend the non- conforming front and side line setbacks vertically. Enclosures forming part of this Application: Supplement to above Site /plot plan(s) x with present /proposed structures X Locus map x Floor plans present /proposed Appeal.record' F 1-77— Needed: areas8,569 frontage 79.30 setbacks S 1.5 GCR% 28% parking data_ none Assessor's certified addressee list (4 sets);, Ix Mailing labels) (2:.s @ts)�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 t of my knowledge, under pains and penalties. '.of perjury i Signature: e Q GA C Applicant Attorney /Agent V/— (If not owner, h' ow basis for authority`tbr apply-:)