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Home My WebLink About094-88OWE OF � �S OF p' O ARD USETTS 025 54 ASSp,CI� T�COT + � 9sa �AN October �3 1 APplicatlon of RE �Oq4 -88) Decision In the CA'TKYY j'E_ ALFAND Re� 0 NDRE+ 3R. AND OARD OF AYpEALS .JACK ALF of the B Of the Beck h the Town Clerk loped is a no ayc been filed wit nt to which has this d y be made Pnrsu and shall be tlon shall era, Laws, ac den this appeal from h Ater GOA of the this date. AnY n l7 of C (20) day Sectio twenty ^' f sled within All' • Chalrma Wi1l!amOF AppEALS BOARD Commissioner Building Board cc. Planning k Town Cler BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS DECISION: At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, SEPTEMBER 23, 1,988 at 2:30 p.m. in the Town and County Building, Federal and Broad Streets, Nantucket, in the matter of the Application of JACK ALFANDRE, JR. AND CATHY LEE ALFANDRE (094 -88), the Board enters the following Decision and makes the following findings: 1. Applicants seek a SPECIAL PERMIT under SECTION 139 -7A(3) of the Nantucket Zoning By -Law to alter and expand a non - conforming cottage. The premises are located at 45 MONOMOY ROAD, Assessor's Parcels 54 -006 and 54- 007.1, shown on Land Court Plan *No. 14029 -A and Plan Book 16, Page 15, respectively, and zoned LUG -1. 2. Counsel to the Applicants represented to the Board that the Premises has had three (3) dwellings on it which antedated the intro- duction of Zoning to Nantucket in 1972 and that the Applicants are in the process of reconstructing, repairing and altering various of the buildings on the Premises. 3. In the matter at hand, counsel represented that the building which is the subject of this Application (the "Cottage" so- called) is one of the dwellings on the Premises and is situated near the south- east corner of the lot and only minutely set back from the easterly property line; thus, the Cottage is non - conforming in being the third (3rd) dwelling on the Premises and in having essentially no rear setback. Counsel further represented that Applicants propose to remove the kitchen from the Cottage and to expand the building by a single - story addition of approximately eigth4(80) square feet on its westerly side ... i.e. orvthe side away from the present encroachment on the rear setback area. The end result would be that the Premises would then contain (1) a main dwelling, (2) a garage with apartment (replacing a former garage with apartment and another garage), (3) the Cottage building slightly expanded and without a kitchen and (4) a garden shed. The resulting total ground cover ratio of all the buildings would still be within the 7% limit for Zone LUG -1. 4. Based upon the Application papers including 8/5/88 Plans, the representations of Counsel, and the favorable recommendation of the Planning Board, this Board finds that the proposed changes in the Cottage will not be substantially more detrimental to the neighborhood than the existing non - conforming use. 5. More specifically, the Board finds that the termination of the present highly non - conforming situation of three dwelling units on the Premises by reduction to two (2) dwellings (i.e., main residence and garage apartment) is to be encouraged, and that the small expansion of the kithenless Cottage to become a "studio" will be without impact on the neighborhood. The relief requested is found to be in harmony with the general purpose and intent of the zoning chapter. (094 -88) -2- 6. Accordingly, this Board by UNANIMOUS vote, GRANTS to the Applicants the requested relief by SPECIAL PERMIT under SECTION 139 -33A to construct the addition to the kitchenless "Cottage" in substantial conformity with the plans of record. Dated: October) -,D, 1988 Nantucket, MA 02554 WAS FIE-5. E NO APP -U'l 410A, SECTIO V ilq LJ�[71.\ O William R. Sherman rgYTll Beale Rd ierk Leichter 1 s J f NANTUCKET ZONING BOARD OF APPEALS NANTUCKET, XASSACHUSETTS 02554 September 6, 1988 NOTICE A public hearing of the Board of Appeals will be held on Friday, September 23, 1988, at 2.:30 p.m. in the Town and County Building, Nantucket, on the Application of: JACK ALFRANDE, JR. and CATHY LEE ALFRANDE Board of Appeals File No.094 -88 seeking a Special Permit under Section 139 -33A to alter and extend a 1,036 SF 2- bedroom cottage with kitchen to become a 1,116 SF studio without kitchen and a cottage with attached garage (819 SF total) to become a 1,216 SF garage - apartment (see Section 139- 7A(3)); The premises are at 45 Monomoy Road, Assessor's Parcel 54 -006 and 007.1, Land Court Plan 14029- A/16/15, Lot D, of 2.52 acre and 3,250 SF, respectively, zoned Limited Use General -1. William R. Sherman, Chairman u0A Form 1 -87 No.� ` APPLICATION NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") Owner's name(s): Jack Alfandre Jr and Cathy Lee Alfandre Mailing address: c/o Andrew.J. Leddy, Jr., P. 0. Box 778, Nantucket, MA 02554 Applicant's name : Andrew J. Leddy. Jr., Attorney Hailing address: P. 0. Box 778, Nantucket, MA 02554 Location of lot(s): Assessor's map and parcel: 54/006 and 54/007.1 Street address 45 Monomoy Road, Nantucket, MA Registry 11'4Co2;9 A P1I� /� & PG, gXRx xi: 14029- A /16 /15Lot D peed ert. g 2.4 5-- Subdivision Endorsed _ /_ /_ ANR? Date lot(s) acquired: 12 /27 /1985 Zoning district LUG -1 Number of dwelling units on lot(s): 3 (1 recently /' en aeld guest rooms 0 Commercial use on lot(s): NA MCD? Building date(s): all pre -'72 zoning? Yes, except grX main house under construction Building permit application Nos. and dates No _ C of 0? No Case No(s). or dates all prior BOA applications: None State fully all zoning relief sought together with all respective Code section 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- conforminj use, or to reverse Building Inspector by,Appeal per -31A & B: Relief is sought un /M Nantucket Zoning By -Law, section 139 -33A for a Special Permit to alter and extend a pre - existing non - conforming use. The Premises had 5 pre - existing buildings in 1972 consisting of: (1) main house ( now demolished & re- built) (2) cottage with Kitchen ( the subject of this Application), (3) cottage with kitchen attached to a garage( now demol- ished), (4) a garage ( now;demolished)and, (5) a lawn building. A special Permit is sought which will allow the moving of the kitchen from the cottage ( for transfer to a garage with secondary apartment) and an addition of approximately 80 square feet of ground cover to what will then become a studio The existing cottage is non conforming as to sideline sprhack (easterly side) and the addition will not increase that non-conformity. being on the westerly s 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 Needed: areas X frontage X setbacks X GCR% X parking data Assessor's certified addressee list (4 Sets). x .Mailing -labels) (2,q ts)R_ Fee check for $150.00 payable to Town of Nantucket _X_ !'Cap" covenant No I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under pains and penalties of perjury. Signature: rec.� �� Applicant X At torn ey /+3g-AUkk (If not owner, show basis for /authority. to - apply-:) FOR OFFICE USE Application copies received: 4 (or o 1 ) for BOA /� b One copy given Town Clerk by Com y t lete? One copy sent to Planning Board an Building Dept. � rb $150.00 check given Town Treasurer Notices of hearing posted _Z/ mailed ublished/ Hearing(s) held on _ /_ /_ continued to — /_ /_, — /_ /_ withdrawn? Decision made _ /_ /_ filed with Town Clerk _ /_ /_ mailed See related files: application - litigation - other