The URL can be used to link to this page

Home My WebLink About118-88TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 January 31, 1989 File No. 118 -88 To: Parties in interest and others Re: Decision in the Application of: RICHARD MAULDIN 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. 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 (118 -88) of RICHARD MAULDIN having an address at P.O. Box 14, 11 Bank Street, Siasconset, MA 02564, the Nantucket zoning Board of Appeals made the following DECISION: 1. Applicant seeks a Special Permit under zoning Bylaw Section 139 -33A to convert an existing 2 -story garage building into a secondary dwelling in ownership separate from the principal dwelling; and, in the alternative, a variance from the 5,000 -SF minimum lot size required by Section 139 -16A to allow division of his 7,790 -SF lot into one lot with at least 2,210 SF and the remainder with at least 5,000 SF, each to be validly buildable when in separate ownership, the variance also giving relief from the 50 -foot minimum frontage requirement, if needed, to allow the smaller lot with as little as 26 -foot frontage. 2. The premises are at 11 Bank Street (aka Jackson Street), Codfish Park in Siasconset, Assessor's Parcel 73.1.3 -067, Land Court Plan 39172 -A, zoned Residential -1. 3. Our frindings are based upon the Application papers including plan dated August 1975, updated to 12/10/86 (our Exhibit "A"), correspondence, and representations and testimony received at our hearing. 4. As shown on Exhibit "A ", Applicant's lot is of an unusual shape, both a through lot extending between Bank Street and Codfish Park Road and a corner lot at the intersection of Codfish Park Road (26' frontage) and Fawcett Way (123' frontage). Counsel for Applicant characterizes Fawcett Way as private and thus the 126' frontage along it is not available to meet the minimum 50' requirement. (Exhibit "A" shows Fawcett as a "public way ".) We are told that the nearly square portion of the lot on Bank Street, containing the principal dwelling, was acquired about 1947. The generally trapezoidal corner lot portion was acquired 6/27/58, the two portions overlapping slightly at their interior corners. 5. Exhibit "A" carries the legend on the garage building 112 -story wood -frame apartment over garage ". That building as well as the principal dwelling is represented as pre- dating 1972 zoning adoption. The garage building is set off from the southerly lot line between 3' and 41, a side yard setback of 5' being required. We find, File No. 118 -88 therefore, that the garage building constitutes a pre- existing, nonconforming use, for which Special Permit relief under Section 139 -33A may be available. 6. If Applicant were simply seeking to activate the apparently dormant apartment use over the garage, consistency with our concurrent decision in 122 -88 might lead to a favorable result. There, as here, the garage building is in the side -yard setback and the required off - street parking is available. The most evident distinction, besides Applicant's insistence on separate ownership, is the much larger size of the 122 -88 lot. But, even there as here, an abutter's building was located just beyond the property line and within the setback. 7. As we understand the original purpose of allowing a secondary dwelling on a lot, it is to accommodate a family situation such as Applicant's where two related households would occupy the respective principal and secondary dwellings. Here, however, Applicant asks separate ownership, apparently to facilitate his son's financing the conversion of the garage into a secondary dwelling. This would directly contradict the provisions of Section 139- 7A(2)(f), opening by precedent the secondary dwelling provisions well beyond their present scope, and thus not allow us to find the requisite harmony with the general purpose and intent of the zoning Chapter 139. Additional, the secondary dwelling would not, as required in subparagragh (d), comply with all other zoning Bylaw regulations, e.g., side -yard setback. However detrimental relief would be to the immediate neighbors, it would be very detrimental to the larger neighborhood in its precedential impact. 8. Accordingly, the requested relief by Special Permit must be denied. Even more clearly must we deny the alternative request for relief by Variance allowing creation of an undersized lot. That would directly contradict the provisions and purpose of the Section 139 -16A lot size requirements', as well as our numerous decisions contrary to Applicant's arguments for relief. Although lot shape is unusual, no hardship involved here arises from the shape of the lot. We simply can not make any of the findings required for variance relief. The Planning Board, in its unfavorable recommendation, characterizes Applicant's request as "so alien to the spirit of the Town Code." 9. Upon a motion to grant the requested relief in either alternative, the vote of this Board was unanimous in the negative. Relief is, therefore, DENIED. - 2 - File No. 118 -88 Date January J) 1989 P e ey William R. Sherman Ro t J. eic ter Dale W. Warne - 3 - SOA Form 1 -87 ARPESCATTON'.< NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") 0 )wner's name(s): Richard Mauldin Bailing address: Post Office Box 14 11 Bank Street Siasconset MA 02564 kpplicant's name : Richard Mauldin Bailing address: Location of lot(s): Assessor's map and parcel: 313 -067 Street address 11 gank Street ot I Registry LC PL, BBC AX & RG, n FL 39172 -A Lot Deed ref. g Endorsed -- /_ /_, ANR? No Subdivision No Date tot(s) acquired: 6/ 27/58 Zoning district R1 Number of dwelling units on lot(s): _ One Rental guest dooms None Commercial use on lot(s): None MCD? No Bdilding date(s): all pre -'72 zoning? Yes or Building permit application- Nos. and dates PRE' 72 Zoning 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 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,Y ,App eal per -31A & B: Applicant seeks relief in the form of a Special Permit under Section §139-37A for the conversion of a re- existin non - conforming garage into a dwelling which will not be under the same ownership as the principal dwelling, or in the alternative, relief in the form of a Variance under Section §139 -32A for relief from the intensity regulations of Section-§139-16 so as to reduce the minimum lot size requirement of 5 000 square feet to 2,210 square feet and to reduce the minimum frontage requirement of 50 feet to 26.14 square feet If the Variance is granted, the applicant will be allows bdivide his Property so as to create two buildable lots with appropriate conditions. Enclosures forming part of this Application: Supplement do above Site /blot plan(s) with present /proposed structures Locus map XX Floor plans present /proposed Appeal record' Needed: areas frontage setbacks GCR% parking data_______ Assessor's cer f * d addressee list (4 sets): XX . Maifing label sr ,�2:�sets).,Xx Fee check for $%5 �:ay able to Town of Nantucket XX !'Cap" covenant I certify that the requested information submitted is substantially complete and true' to t best m k. Vledge• ..under pains' and penalties _6f perjury Signature: Applicant Attorney /Agent x_