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"TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
January 31, 1989
File No. 116 -89
To: Parties in interest and others
Re: Decision in the Application of:
FRED TONKIN
Enclosed is the decision of the Board of Appeals which has this
day been filed with the Nantucket Town Clerk.
An appeal from this decision 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.
(r4i' 6 11Qj,
William R. Sherman, Chairman
cc: Building Commissioner
Planning Board
Town Clerk
NANTUCKET ZONING
BOARD OF APPEALS
NANTUCKET, MA 02554
At a public hearing on Friday, January 13, 1988, at
1:00 p.m. in the Town and County Building, Nantucket, on
the Application (116 -88) of FRED TONKIN having an address
at Box 2032, Surfside Road, Nantucket, MA 02584, the
Nantucket zoning Board of Appeals made the following
DECISION:
1. Applicant seeks a Special Permit under Section 139 -7C
of the zoning Bylaw to allow installation of an Accessory
Apartment within the southwesterly wing of his new
single - family dwelling. The premises are at Berkley Street
off Tom Nevers Road, Assessor's Parcel 76.1.3 -171 -175,
inclusive, Lots 14 -18 of Land Court Plan 5004 -G, zoned
Limited Use General -3.
2. Our findings are based upon the Application papers
including a 3 -sheet set (our Exhibit "A") of site plan,
elevations and floor plans, plus representations and
testimony received at our hearing.
3. Applicants' 0.23 -acre lot is at the end of a relatively
short, unimproved way, characterized in the Planning
Board's unfavorable recommendation as "little more than a
brush -cut path ". Conservation land lies southwestwardly of
the end of the street. Applicant's new 2 -story house is
designed with 2164 SF total floor space of which up to 800
SF is for the Accessory Apartment. Ground cover must be
limited as provided in Section 139 -16A.
4. The Accessory Apartment consists of one bedroom and
bath plus a combined living /dining /kitchen area on the
northwesterly end of the first floor. Applicant states
that he is aware of the conditions imposed upon Accessory
Apartments in Section 139 -7C and will remain in conformity
with them. More than 2 parking spaces will be provided in
the U- shaped entry drive. The sole question remaining for
us, then, is the issue posed by the Planning Board as to
adequacy of the means of access.
5. When considering secondary dwellings under Section
139- 7A(2)(g), the Planning Board undertakes a
determination of adequacy of the means of access to the
property. While we know of no successful enactment of a
guide or standard for determining adequacy, it is a proper
consideration in any grant of Special Permit relief.
Health, safety and convenience are all impacted. We
normally countenance a minimum of 14 -foot width for
passage of emergency vehicles. Since the zoning Code does
File No. 116 -88
not accord to the Planning Board the determination of
adequacy for the usual installations of Accessory
Apartments, that determination is left to this Board,
6. Weighing the favor given year -round Accessory
Apartments in the balance and the relative shortness of
Berkley Street to the property, we find that the requested
relief can be granted Applicant in harmony with the
general purpose and intent of the zoning Bylaw.
7. Accordingly, by unanimous vote this Board grants to
Applicant the requested Special Permit under Section
139 -7C to install the Accessory Apartment in substantial
conformity with Exhibit "A" and in full and continuing
conformity with the conditions of that Section including
the covenant of year -round occupancy.
Dated January 3 j , 1989
William R. Sherman
i
Dale W. Waine
- 2 -
BOA Form 1 -87
APPLICATION -
NANTUCKET ZONING BOARD OF APPEALS ( "BOA ")
No. /�-
Owner's name(s): Tv
A - 1erJrnAA
Mailing address: Tnt,,V. w4a Ma • 02
Applicant's name
Mailing address:
Location of lot(s): Assessor's map and parcel: w� <v• 7t "' j�15
Street address lbark- r et -To K► �
Registry LC PL, PL BK & P , PL FL �jDb( _ Lot Deed ref. 1 �O
Subdivision/ Endorsed _/_/_ ANR?
Date lot(s) acquired: /$/ Zoning district iz 1_Ue' �J
Number of dwelling units on lot(s): -+-Wp ���( tal guest rooms
Commercial use on lot(s): Y I n NI e_ MCD?
Building date(s): all pre -'72 zoning? or
Building permit application Nos. and dates 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 by Appeal per -31A & B: i39.,1G
.
Enclosures forming part of this Application: Supplement to above
Site /plot plan(s) with proposed structures
Locus map Floor plans ComenoW/proposed Appeal record
Needed: areas frontage setbacks GCR% parking data
Assessor's cer ified addressee list (4 sets) Mailing labels. (2 _ _,
.sets)_
_goo. o0
Fee check for payable to Town of Nantucket "Cap" covenant
I certify that the requested information submitted is substantially complete
and true to 4he'1est gt_�-+my /,Ikavowledge, under pains and penalties of perjury.
_.
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