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Home My WebLink About019-89TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 April 7, 1989 File No. 019 -89 To: Parties in interest and others Re: Decision in the Application of: CECILE D. SCHACHT 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 with twenty (20) days after this date. Notice of the action with a c:_: of the complaint and certified copy of the decision must be gi -,- 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, March 31, 1989, at 1:00 p.m. in the Town and County Building, Nantucket, on the Application (019 -89) of CECILE D. SCHACHT having an address at 1165 5th Avenue, New York, NY 10029, the Nantucket zoning Board of Appeals made the following DECISION: 1. Applicant seeks a Special Permit pursuant to Section 139 -33A to alter and extend a pre- existing, nonconforming, single -story accessory building by constructing a link connecting it to the single - family dwelling on the lot and converting the use of the accessory building to a bedroom wing of the house with sitting room and bath but no kitchen. 2. The premises are at 40 Fair Street, Assessor's Parcel 42.3.2 -186, in the Residential -Old Historic zoning district. 3. Our findings are based upon the Application papers including a site plan dated August 23, 1988 (Exhibit "A ") showing the existing gap between accessory building and dwelling and one undated (Exhibit "B") showing in plan view the proposed single -story link to Applicant's residence; also, correspondence and viewing, together with representations and testir3ny received at our hearing. 4. Based upon Applicant's �_ncontraverted representation, we find that her dwelling s well as the accessory building in the rear of tl- -, lot pre -date the 1972 adoption of zoning. The accessory t Alding, sited about 3' from the northerly side lot line and 4' from the easterly rear lot line, is a pre- existing nonconforming use for purposes of the relief sought under 'grandfathering' Section 139 -33A. Section 139 -16C requires a 5' setback. 5. Applicant's proposed conversion of the accessory building is for added living space within her residence. It is for the use of the one family or household and not for separate renting out. There will be no second floor or other structural enlargement of the building apart from the link extending its front profile or gable end for connection with the principal building. 6. No objection to Applicant's proposal was heard and no detriment to the neighborhood perceived. Relief would be in harmony with the general purposes and intent of the zoning chapter. File No. 019 -89 7. Accordingly, by unanimous vote, this Board grants to Applicant the requested Special Permit under Section 1349 -33A to alter the use and connect the accessory building to the principal building in substantial conformity with Exhibit "B ", without adding a second story, bay window or other exterior enlargement. Dated April-7, 1989 !i]lli m R. Sherman M a 1 J. O'Mara Dale W. Waine - 2 - i NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 March 16, 1989 NOTICE A public hearing of the Board of Appeals will be held on Friday, March 31, 1989, at a:30 p.m. in the Town and County Building, Nantucket, on the Application of: CECILE D. SCHACHT Board of Appeals File No. 019 -89 seeking a Special Permit under Section 139 -33A to alter and extend a single - family dwelling and an accessory building in the rear by constructing a wing connecting the buildings and installing a bedroom, sitting room and bathroom in the accessory building. The latter is said to pre -date 1972 zoning and encroaches upon the 5' side and rear setbacks. The premises are at 40 Fair Street, Assessor's Parcel 42.3.2 -186, zoned Residential -Old Historic. ,�� William R. Sherman, Chairman ,�� 3/6/9. VAUGHAN, DALE AND PHILBRICK March 10, 1989 BY HAND Mr. William Sherman, Chairman Nantucket Zoning Board of Appeals Town and County Building Broad Street Nantucket, Massachusetts 02554 RE: Application of Cecile D. Schacht 40 Fair Street Dear Bill: Enclosed please find the above - referenced application, the abutters list with two sets of mailing labels and our check in the amount of $200.00 for the filing fee. If you or Linda have any questions prior to the hearing, please let me know. Sincerely, KFD /md encl. cc: Ms. Cecile D. Schacht Mr. Milton Roland i ATTORNEYS AT LAW EDWARD FOLEY VAUGHAN WHALER'S LANE KEVIN F DALE NANTUCKET, MASS 02554 MELISSA D. PHILBRICK TEL:(508) 228 -4455 RACHEL C. HOBART FAX.(508) 228 -3070 March 10, 1989 BY HAND Mr. William Sherman, Chairman Nantucket Zoning Board of Appeals Town and County Building Broad Street Nantucket, Massachusetts 02554 RE: Application of Cecile D. Schacht 40 Fair Street Dear Bill: Enclosed please find the above - referenced application, the abutters list with two sets of mailing labels and our check in the amount of $200.00 for the filing fee. If you or Linda have any questions prior to the hearing, please let me know. Sincerely, KFD /md encl. cc: Ms. Cecile D. Schacht Mr. Milton Roland i X;d4 OF BOA Form 1 -89 NANTUCKET ZONING COUNTYABUILDINGPEALS NANTUCKET, MA 02554 APPLICATION FOR RELIEF Owner's name(s): Cecile D. Schacht D t! e�- CASE No Mailing address: 1165 5th Avenue, New York New York 10029 - Applicant's name: Same Mailing address: Same Location of lot: Assessor's map and parcel number 4919 _- 186 Street address: 40 Fair Street Registry 1 3C1 / Deed Ref Zoning district �Olt- nate lot acquired: 2�A °�+-- Uses on lot - commercial: None x or MCD? - number of: dwellings I duplex_ apartments_ rental rooms — C of O? Building date(s): all pre -8/72? X or — — Building Permit appl'n. Nos. 2171 -82. 4635 -86 Case Nos. all BOA applications, lawsuits: None 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 -33A11 � if to alter or extend a nonconjoap appealed. OKltoaattachp addendum 2- & B , attach decision or order app See Attached Addendum p Application: or Ctems enclosed as art of this App der' addenaum- A + lanned structures Locus map X Site plan X showing present X p 11DC approved ?_) Floor plans present proposed_ elevations ( parking data Listings lot area frontage setbacks GCR p a X- Assessor- certified addressee ist 4 sets P majling` labels 2 sets__ 200 fee payable to Town of Nantucket X roof P (If an appeal, ask Town Clerk to send Bldg 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�perjur41b SIGNATURE: h i n, pplicant Attorney /agent _ x_ Melissa D�ick, Attorney or Cecile pD. %ha f tauthority) 3(If not owner or owner's attorney, FOR BOA OFFICE USE Application copies rec d: 4 v or_ for BOA on_ by c - omp /lete�? k''� One copy filed with Town Clerk on3_ &ObY_ - -� -- One copy each to Planning Bd and Building Dept,3G�/ by i�waived?— $200 fee check given Town Treasurer on�J&/RbyC� Hearing notice posted3f427mailed Hearing(s) on__/_—/— cont'd to—J—/—, withdrawn ? _/---/_ Decision due by_j--J made _ � —�— filed TC_/ —J— mailed _J_j- See related cases lawsuits — other____ ADDENDUM_ TO APPLICATION OF CECILE D. SCHACHT Applicant seeks a Special Permit pursuant to Section 139 -33A of the Zoning By -law to alter the single -story accessory building at the rear of the premises to include a bedroom, sitting room and bathroom, and to attach and incorporated the structure to the existing residence on the premises. The accessory building, shown as "Building A" on Exhibit A is approximately three feet from the side (northerly) lot line and approximately four feet from the rear (easterly) lot line of the premises; a five foot side and rear lot setback is required. The accessory building was built more than fifty years ago and is therefore "grandfathered" from the minimum side and rear lot line requirements of the Zoning By -law. Plans for the proposed alteration of the structure are attached as Exhibit "B ". There will be no new structures within the setback, only the use of the non - conforming structure will be changed. Given the orientation of the accessory building and that of the surrounding houses, this change of use will not be substantially more detrimental to the neighborhood than the current uses of the structure. srm #11