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HomeMy WebLinkAbout119-88pq <po 9:�> 41D F i _1 e 1,o june lcl c 19117 9 A7Dpl I y."') T' T F I C,' 177, �.RV *1. -' " I _N A�ND YARY C �) T'r" E n c I c s e cl. ji s ;.._.C' c'. c c t4 4- o o a -r d c, fr- A,, D, c a I s tila h s t i y e t -a --r-suant- t-o �n a D h f, lf an i,. ken r..' a -,-- r 4, 0 �7,� lY a �7 s a c �i li s e t t!--, G e n e _r a scct on 7 7 of" -a -lon -in- the (?ccisicn -c brought :Dy C-- a e a cou_rt '�wcntv ?a,7s af�-er G.e of t-!-.-- action w-4'--'--- cony off the CC, -- b,� 4, .,-t f 4 tac ­c�c`g4cn mus' -a give to L _;.ed copy o' T V o C`_pr�l -0 ,T-, c, wenty f 2 0) :Z. Sherman, C h a L r7l a cc: ��-.-uilainq cormlissic-ner Town Clerk 'NTANTUCXET ZIO'NINTC =Dk= OF A'_PP-_-aLS 'S-1�2.=JCXET, ��_ 02-554 A' a -ubllc mee -- 4 nq on F-4 �_L - .... day, -May 26, 1-0-S-9, at 1:C0 n. in.. In t-he -JOwn and County Bu-"ri _I_ncr, TT,,,an4Cucke-l_-, on a 4 rearrest -for a ninor Trod -r- -Ca tion of l cur dec4slon d,-teCf January 21, 11999 unon t-he Aron-' icat- ion 1119 -8b of P7-.7?RY D. _.!:lATr_70l,,7 , JRZ. and I�U�'PY (CjG_H_I_-­NT IPATT- CIN havil--, an address at- 9 C 1 4 f _-:ff Read, Na.-tucket, PTY".. C2'_75,, the 'T'Jantucket zoninu BC-arc' of Appeals a'_,proved `_-h,-_ fcllc%wing Y­'_')DTT7if'pT-C)NS: --ts were granted a E.-Decal Permit under Sect-on 13�'-7C of the zon rf 4in By-law -'--o allow instaillation of an Accessory wit hln t-h,_ hbasc- ment - of their single-fame lv dT,,!e7l The- are at- 15 Correia Lane off Sou . _h Shcrc Pcad, �`.sscssor?s: Pal-c-e-I Plan 13�ock, 2C, PacTe 2C, zoref -_.`n-`-ed 77se General -2. 2 - They have subrl w date,-" Yay 1-5, revised plans consIst-l"nc, c--P a -2-shoe t set 'marked o,-,-- Mod-ifled _-xh4b4j- - -,- �W n floor plans D ,,s '\ of elevatio c. s anc! -I 'ln.,____rk-up of cur -11-2" /S ) rd -_ c s s hC)W i4 4 n_- � a chancfe tzh e text- ---' Paracrranh il d2scribin-_ t-In.e ,ccesscry as on the "north-'I rathor `-_.�ln the s-L-fe of th_e basement. 3. -hey as'c: - that our f­ecisionl be nodified `_-c confcrmit-v w-th Exhio-it 11"If 4 F_ oricr-J-nal Exhi"'Dit- 11_p_" (TxTh-i-ch. .`_ncluded a extent they are no-;-_ conslsten-�-_, noting rat­ er than wit-h- t­h2 Site D1 a n) , to th e that the mcd.4-_F.4ed nlans are for a house a'-,O'jt • 5CC SF sr.aller; and - that Par_a.qra-­h A ol C ls-lon _'-_e correctod wh_`_c'_r-_ wc -_--relrer Lq4_1-1 re.-_c7 "4. Me Accessor,7 A,­-art-nent conslstzs of two and bath on t-1--c scuthwosterlv siCc of the basenert- Plus a ccnbined area on the north side. Ap-p-7--cants state that they are aware of the ccndit-ions 7 ;v1�oscd 7---n or I�Lccessory Apartments Sect Q`1 139-7C a-d wi:! r--a'. - in confornitv w_. =ded ar' be n- ­ ther. More 2 �x C_ _IC2S T,l 4 th4 re-ma'nincr for us, --s ann-l'e- 10­ 771 sole t 2 nn4-c, thon, issue Dossc(fl P __ a Bcarf as -to aclecf,aacy of the =ans of accciss.:, 4. After del-_erminina "ese :,,.,.od4 _licat_Jons raise no new zcnIng issues �_4re supperted- ny cur ffind 4 _C, 0-4 _, 94--al hearinc-, t_hL_s Board by a -,_inarinous vote gra-t-s -'_-c File No. 119-88 Anplicants the recTuested modiffications of -'---he 1/31/09 decision as set fort'n. above. Cc-t-ed J,--lie /r c F "1989 -e wi i I - 2 - 3eale TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 January 31, 1989 File No. 119 -88 To: Parties in interest and others Re: Decision in the Application of: PERRY D. PATTON, JR. AND MARY COUGHLIN PATTOT. 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) gays. cc: Building Commissioner Planning Board Town Clerk William R. Sherman, Chairman 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 (119 -88) of PERRY D. PATTON, JR. and MARY COUGHLIN PATTON having an address at 9 Cliff Road, Nantucket, MA 02554, the Nantucket zoning Board of Appeals made the following DECISION: 1. Applicants seek a Special Permit under Section 139 -7C of the zoning Bylaw to allow installation of an Accessory Apartment within the basement of their proposed single - family dwelling. The premises are at 15 Correia Lane off South Shore Road, Assessor's Parcel 80 -056, Plan Book 20, Page 83, Lot 20, zoned Limited Use General -2. 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' 3.32 -acre L- shaped lot is near the end of a relatively short, unimproved way, implied in the Planning Board's unfavorable recommendation as providing inadequate access to the property. The way dead -ends in a large parcel and is not expected to go through. Applicants' proposed new 1- 1 /2- story house is designed with full basement within which up to 800 SF and, specifically, 625 SF is for the Accessory Apartment. 4. The Accessory Apartment consists of two bedrooms and bath plus a combined living /dining /kitchen area on the southwesterly side of the basement. Applicants state that they are 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 this ample lot. 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. Here, the way is relatively wide and level, but not hard surfaced. Since the zoning Code does not accord to the Planning Board the determination of adequacy for the usual File No. 119-88 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 Correia Lane to the property, we find that the requested relief can be granted Applicants in harmony with the general purpose and intent of the zoning Bylaw. 7. Accordingly, by unanimous vote this Board grants to Applicants 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 31, 1989 William R. Sherman - 2 - Gam-- CJ`s ale W. Waine BOA Form 1 -87 No.- APPLICATION NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") Owner's name(s): �Aor) ,Mailing address: C� «�W{ 0 NPmfit�lc�� (h� c�s� -1 Applicant's name Reaq �ai� QOA 2kk n ?CA, Yn — Mailing address: dk�(r 061 ylizic(c MA o45314 Location of lot(s): Assessor's map and parcel: go -r(o Street address 15 (c) e,A Cape KWnJL( A 0) S -1 Registry LC PL PL BK & PG,, PL FL 4 - O Subdivision SA-ny.� Endorsed -I / /? ANR? n1R Date lot(s) acquired: I /T n5- Zoning district — Number of dwelling units on lot(s):+A)r)o(e Rental guest rooms. Kt) Commercial use on lot(s): Q0 MCD? NO Building date(s): all pre -'72 zoning? oo or Building permit application-Nos. and dates C of 0? No Case No(s). or dates all prior BOA applications: nv.�nta 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: _ 131- � �3 /fit � f�•r�- i n �a�� �^�..c� �n7�" )5 Se ra Enclosures forming part of this Application: Supplement to above i Site /plot plan(s) with present /proposed structures ',� Locus map 14 Floor plan present /proposed Appeal record Needed: areas �� F�Erontag setbacks GCR% parking data' ,r k �� Assessor's certified addressee list (4 sets) j _ Mailing •labels E2 .sets`,__ Fee check for $200.00 payable to Town of Nantucket I "Cap" covenant N A I certify that the requested information submitted is substantially complete and true to the f-st o my knpWledge, under pains and penalties of perjury. Signature: 4 Applicant �_ Attorney /agent (If not owner, ow ba is for authority- to- app1jc-:)