HomeMy WebLinkAbout006-89ooh - 5� 7
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
July 7 198 9
File No. (006 -89)
To: Parties in interest and others
Re: Decision in the Application of
EDWARD F. KOHNKE IV AND LESLIE N. KOHNKE - MODIFICATION
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.
cc: Building Commissioner
Planning Board
Town Clerk
William R. Sherman, Chairman
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS
CLARIFICATION OF DECISION:
The BOARD OF APPEALS, acting at a public meeting duly
called and held on Friday, June 23, 1989, at 1:00 P.M., at
the Town and County Building, Broad Street, Nantucket, entered
the following clarification of its decision filed on February
21, 1989, upon the application of EDWARD F. KOHNKE IV and LESLIE
N. KO11NKE (006 -89). The premises are located at 76 CLIFF ROAD
(Assessor's Parcel 030 -070), Lot 30, Land Court Plan No. 13199 -N,
and are zoned as RESIDENTIAL -1.
1. In our decision dated February 21, 1989, we described
the structure referred to therein, as proposed to be modified,
as containing two bedrooms, one bathroom, and a one -bay garage.
Plans prepared by the applicants subsequent to our decision
show the structure as containing two bedrooms, two bathrooms,
a living room, a one -car garage with loft above, a storage
area, a woodshed and a deck. The Applicants have presented
these plans to the Building Commissioner, who has requested
that they be submitted to this Board in order to determine
whether we consider them to be consistent with our decision.
2. No'f.loor plans were submitted at our public hearing,
and no description of the proposed rooms was contained in the
public notice of that. hearing. We consider the proposed floor
plans to be within the scope and spirit of our decision, and
therefore find that the requested clarification is minor in
nature and therefore does not require a new public hearing
and notice.
3. At the time of consideration of this request,
we raised certain other issues, as to each of which counsel
to the applicants indicated assent. Accordingly, as a condition
for our clarification of the earlier decision as requested,
we further modify the decision to impose the following additional
conditions:
(a) No kitchen, cooking or eating facilities
are to be provided in the subject structure;
(b) The loft above the garage shall be used
for storage only, not for human habitation;
(c) All occupancy of the subject structure
shall be limited to persons associated with the household
occupying the principal dwelling at the time of such
occupancy; and
(d) There shall be no increase in the footprint
or massing of the subject structure.
A
NANTUCKET ZONING
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Fe' -ruary 21 , 1989
File No. 006 -89
To: Parties in interest and others
Re: Decision in the Application of
EDWARD F. KOHNKE, IV. AND LESLIE N. KOHNKE
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
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS
DECISION:
The BOARD OF APPEALS, at a public hearing held on Friday,
February 10, 1989, at 1:00 P.M., at the Town and County Building,
Broad Street, Nantucket, made the following Decision upon the
Application of EDWARD F. KOHNKE, IV and LESLIE N. KOHNKE (006 -89).
1. Applicant requests a SPECIAL PERMIT under Nantucket Zoning
By -law Section 139 -33.A (Alteration of Preexisting Structure) to
alter the existing garage upon the premises to enable creation of
additional living space without a kitchen. The garage preexists
the current rear yard setback requirement of five feet and has,
at it closest point to the rear boundary line of the premises, a
setback of only about four feet. The premises are located at 76
CLIFF ROAD (Assessor's Parcel 030 -070), Lot 30, Land Court Plan
No. 13199 -N, and are zoned as RESIDENTIAL -1.
2. The Board's findings are based upon the application
papers, including Land Court Plan No. 13199 -N, a plot plan, viewings,
and testimony, representations, and photographs received at the
public hearing.
3. The premises contain two structures, a single - family
dwelling and a two -car garage with a shop. The required rear
yard setback in Residential -1 zoning districts is five feet; at
its closest point to the rear boundary line of the premises, the
garage has only about a four - foot rear -yard setback. The garage
was constructed at a time prior to the adoption of the five -foot
rear yard setback requirement in Residential -1 zoning districts.
As a result, the garage is a preexisting, nonconforming structure
within the meaning of By -law Section 139 -33.A. With the exception
of rear yard setback, the garage meets all of the requirements o}
the By -law for use as a secondary dwelling, including ground
cover, twelve foot front-to-back separation, front and side yard
setback, ownership, and ground cover at least twenty percent less
than that of the principal dwelling. If Applicant were to remove
that portion of the garage which encroaches into the rear yard
setback, then Applicant, upon approval by the Nantucket Planning
Board as to access, would be entitled to convert the garage into
a secondary dwelling as defined in By -law Section 139- 7.A.(-'
4. Applicant proposes to convert the existing shop and one
bay of the garage into additional living space to be used in
conjunction with the existing single - family dwelling upon the
premises. The proposed conversion will result in a structure
containing two bedrooms, one bathroom, and a one -bay garage. No
kitchen will be provided in the structure. The existing footprint
of the garage will not be increased as a result of the conversion.
5. The premises contain over 20,000 square feet in land
area, more than four times the area required in this zoning
district under the By -law. Applicant proposes to use the structure
as ancillary to the primary single - family dwelling and does not
propose to rent the structure separately from the primary dwelling
or to provide a kitchen in the structure. Further, Applicant
proposes no increase in the existing footprint of the structure.
6. This Board finds that the alteration of the preexisting,
nonconforming garage to provide for additional living space,
ancillary to the primary dwelling, with no kitchen facilities and
no change in footprint, will not be substantilally more detrimental
to the neighborhood than the existing use and will not cause the
structure to be made more nonconforming.
7. No objections to the Application were made at the public
hearing.
8. Accordingly, this Board, by UNANIMOUS vote, hereby grants
the requested relief by SPECIAL PERMIT to enable Applicant to
alter the existing garage upon the premises to enable creation of
additional living space consisting of two bedrooms, one bathroom
and retention of one garage bay; provided, however, that as long
as the structure encroaches upon the required five foot rear yard
setback, it shall be expressly subject to the following terms and
conditions:
(a) No kitchen shall be provided in the structure;
(b) The existing ground cover of the structure shall
not be increased; and
(c) The structure shall not be rented separately from
the primary single - family dwelling located upon the premises.
Dated: 1989
Ann G. Balas {
C. Marshall B7ale'
F, t r Dool.e y�
David „J . /'Leg t
Micha� J. O'Mara
-2-
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held
on FRIDAY, FEBRUARY 10, 1989 at 1:00 p.m. in the Town and
County i'lui lc° i.n, , Federal and Broad Streets, Nantucl.et on the
Application of EDWARD F. KOHNKE, IV. AND LESLIE N. KOHNKE (006 -8�)
seeking a SPECIAL PERMIT under SECTION 139 -33A to enable creation
of additional living space without a kitchen by an alteration
of an existing garage structure, said to pre -exist the adoption
of rear yarc; setback requirements, within -the required rear
yard setback of five feet; actual setback is about four feet.
Premises are located at 76 CLIFF ROAD, Assessor's Parcel 030 -070,
and are zoned as RESID;,N'I'IAL -1.
/ j
�JJJ��
William R. Sherman, Chairman
BOARD OF APPEALS
BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING Date
NANTUCKET, MA 02554 k9
CASE No l%-
APPLICATION FOR RELIEF
Owner's name(s): Edward F. Kohnke IV and Leslie N. Kohnke
Mailing address: c/o Reade & Alaer C , P n Rnx 2669 Nantucket MA 02584
Applicant's name; - --
Mailing address:
Location of lot: Assessor's map and parcel number 030 -070
Street address: 76 Cliff Road
Registry Land Ct Plan, Plan Bk & Pg or Plan File 13199 -N Lot 30
Certificate of Title 12815
Date lot acquired: j 2 Dsecl -Kaf Zoning district Residential -1
Uses on lot - commercial: None X or MCD ?_
- number of: dwellings 1 duplex_ apartments_ rental rooms_
Building date(s): all pre -8/72? YeS or
Building Permit appl'n. Nos.
Case Nos. all BOA applications, lawsuits:
C of O?
State fully all zoning relief sought and respective Code sections
and subsections, specifically what you propose compared to present
and what grounds you urge for BOA to make each finding per Section
139 -32A if Variance, 139 -30A if a Special Permit (and 139 -33A
if to alter or extend a nonconforming use). If appeal per 139 -3A
& B attach decision or order appealed. OK to attach addendum .
Applicants request a special permit under By -law Section 139 -33A
for the alteration of their pre- existing garage into additional
living space; the garage is non - conforming as to rear yard setback
from the southerly boundary line of the lot. Required setback is
5 feet; actual setback is about 4 feet.
Items enclosed as part of this Application: orderl_ addendumz
Locus map X Site plan X showing present +planned structures
Floor plans present proposed_ elevations (HD approved?_)
Listings lot area frontage setbacks GC C R parking data
Assessor - certifier addressee list 4 sets X ma�li'ng labels 2 sets-x-
200
fee payable to Town of Nantucket X proof 'cap' covenant _
(If an appeal, ask Town Clerk to senn BBldg Comr's record to BOA.)
I certify that the requested information submitted is substantially
complete and true to the best of my knowledge, under the pains and
penalties of pe true.
SIGNATURE: Applicant Attorney /agent X
i
3(If not owner or owner's attorney, enclose proof of authority)
FOR BOA OFFICE USE
Application copies reed: 4_�- r_ for BOA oq�poby
One copy filed with Town Clerk on—/1-1 *y_ complete ?_
One copy each to Planning Bd and Building Dept by C—Atl
waived?
$200 fee check given Town Treasurer on �by —
Hearing notice posted �Jle6t�-m ailed �ag I & M/ zv
Hearing(s) one_/_ cont'd to__J_/_ withdrawn ?_--/_-J_
Decision due by__J--J_ madeJ /_/_ filed TC__J--J_ mailed__J___J_
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