The URL can be used to link to this page

Home My WebLink About082-880 S -D -fig IUINTOCKET ZONING HOARD OV APPRAIA NANTQCZNT, MABACRUBBTTO 02554 September 15 , 1988 File No. (082 -88) To: Parties in interest and others Re: Decision in the Application of FRANCES G. MASSEY Enclosed is the decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. An appeal from this decisiaaz may be taken pursuant to Section 17 of Chapter 40A,,Massachusetts General Laws. Any action appealing the decision must be brought by filing a complaint in court within twenty (20) days after this date. Notice of the action with a copy of the complaint and certified copy of the decision must be given to the Town Clerk so as to be received within such twenty (20) days. William R. Sherman, Chairman cc: Building Commissioner Planning Board Town Clerk r f BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: At a public hearing of the BOARD OF APPEALS on Friday, August 26, 1988 at 12:30 p.m. at the Town and County Building, Nantucket, on the application (082 -88) of FRANCES G. MASSEY with an address of 80 Salisbury Street, Apartment 801, Worcester, Massachusetts 06109. 1. Applicant seeks a Special Permit under the Zoning Code Section 139 -33A to alter a pre- existing, non - conforming residential dwelling by enclosing an 11' x 1513" unenclosed porch, the northwest corner of which extends into the required 10 -foot front -yard setback. The space created by this enclosure is to be used as a dining room. 2. The premises are located on the corner of James Street and Walsh Street with a street address of 53 Walsh Street, Plan Book Page 51,1 Cx,; ot 4 Assessor's Map 29, Parcel 60 in the Zoning District RESIDENTIAL -1. The Building Inspector has made the determination that the dwelling fronts on James Street. 3. Our findings are based on the application papers, a recorded plan dated April 14, 1970, showing the corner of the existing porch within the front yard setback off James Street, plans for the enclosure which have been approved by the Historic District Commission and testimony and representations received at our hearing. The proposed enclosure complies with allowable ground cover and will be no closer to the front -yard lot line than the existing corner of the porch. Therefore, the proposed alteration will not make the existing non - conformity with respect to the 10 foot front -yard setback more non - conforming, 4. The 1970 plan establishes that the original structure on the site pre -dates zoning with the northwest corner of the existing unenclosed porch sitting 6.5 feet off the front yard lot line. The applicant has therefore established that the structure is grandfathered and thus may be altered by Special Permit under Section 139 -33A of the Zoning By -Law. 5. We heard no opposition and see no detriment to the neighborhood in applicant's proposed alteration. Having made the finding necessary for a Section 139 -33A Special Permit and given that the alteration will not make the structure more non - conforming, we find that the Special Permit relief sought is in harmony with the general purpose and intent of the Zoning By -Law. 6. Accordingly, this Board by UNANIMOUS vote grants to the applicant the Special Permit under Section 139 -33A to alter the existing structure by enclosing the existing unenclosed porch in substantial conformity with the plan submitted to the Board. Dated September /s , 1988 William Sherman C�, Of Q�c.YCiL Dale W. Waine Mark eale V VW Michael O'Mara U BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 NOTICE A public hearing of the BOARD OF APPEALS will be held on Friday, August 26, 1988 at ji30 p.m. in the Town and County Building, Nantucket, on the Application (08a.- -88) of FRANCES G. MASSEY seeking a Special Permit under Section 139 -33A to alter or extend her principal single - family dwelling (to which a secondary dwelling /guest house is attached by a deck) by enclosing an 11' X 151311' porch to provide a dining room, the increased ground cover said not to exceed allowable 300 of 0.18 acre lot. The premises are at 53 Walsh Street Assessor's Parcel 29 -060, Plan Book 17, Page 51, Lot 4, zoned Residential -1. William R. Sherman, Chairman hOA Dorm 1 -87 ARPL' mrioN NANTUCKET ZONING BOARD OF AI)Pl ?AI.S ( "BOA") No.� )weer' s name (s ) : Frances G. Massey `1ai.ling address: Apt. 801, 80 Salisbury Street, Worcester, Massachusetts 01609 Appl [cant I s name same `1ai.ling address: same Location of lot(s): Assessor's map and parcut: 0029 -060 Street address 53 Walsh Street Registry 1.0 PL, PL BK & 1'G, AMXX)U. !17/51 _ Lol: _ 4 Ueed ref.169 146 Subdivision N/A 1 ?ndor ed / /_ ANk7 I)ate lots) acquired: 2 / 2 / 79 Zoni.n}, (I istrict� Residential 1 NUlnber of dwelling, units on lot(s): 1 _ RentaL guest rooms None Commercial use on l.ot(s): N/A MCl)7 N/A Building clate(s): all pre -'72 zoning? Yes of Building permit application Nos, and elates No. 221 - 3/8/73 NQ. 8$6�$- 8124/78 _ C of 0? No Case No(s). or dates all prior BOA applications: 'Mate fully all zoning relief sought LogeLIW17 wi.tll a11. respective Code sections and subsections, specifically, what YOU propose coiuparecl wi t:ll present and what grounds you urge, for BOA to snake each f irldiilg per Secti -on 139 -32A if Variance, -30A if Special Permit., -33A if to Alter or extend non- conforming use, or to reverse Building Inspector byvAppeal. per -31A & B: i The existing residence on the site is a validly grandfathered, non - conforming structure with respect to the front yard setback along the James Street side of the house. The northwest cornet of the existing, unenclosed 11'�x 15'3" porch extends into the required 10 -foot front yard setback. Applicant seeks _a Special Permit pursuant to Section 139 -33A to enclose the porch which will then serve as the dining room for the house. Even with the enclosure of the porch, the structure falls within the limits of allowable ground cover. I:nclosur.es forminf, part of this Appli.cati.on: Supplcm� nt Go above Site /Blot plan( X with pres(- nt /P1xacr)UXX1eXlC structures and existing porch Locus slap X floor plans present /proposed X Appeal record Needed: areas , - fronf -I(T ft 5000sffronLage 50 -ft setbacks side 5f�:(:R7 30% parkin!; (Uta Assessor's certified addressee 1 -LSt (4 :sets) XX _ Ma:1.1 lnf; la�)e 1. s� ('2 �t ?t5`J X Fee check for $:150.00 payal)1 -e to 'Town of' Nantllckc't X I'Cap" covenant I certify that the requested inforivaIion sul)niirte <1 is sIibs Lan tiit1ly complete and Crud to Ole best f i y kuowl �< > >, ruder I,a i nrs and penal ti. es of per. jury: ignature: A1) i.c:int Attorney/mAlan XX Hnh a