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Home My WebLink About026-89NANTUCKET ZONING BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 May T , 198 9 File No. 026 -89 To: Parties in interest and others Re: Decision in the Application of RICHARD L. BRECKER AND JOAN R. BRECKER 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. Z�AI - ;)a� z�-� X155-�' William R. Sherman, Chairman cc: Building Commissioner Planning Board Town Clerk BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a public hearing held on FRIDAY, APRIL 28, 1989, at 2:30 P.M. in the Town and County Building, Federal and Broad Streets, Nantucket, made the following Decision upon the Application of RICHARD L. BRECKER and JOAN R. BRECKER (026 -89) . 1. Applicants request a SPECIAL PERMIT under the provisions of Nantucket Zoning By -Law Section 139 -33.A (Alteration of Pre- existing, Nonconforming Structure), to enable the extension of a structure which currently exists within the required front yard setback and within the required side yard setback. The Premises are located at 73 BAXTER ROAD, SIASCONSET (Assessor's Parcels 049 -027 and 028) and are zoned as RESIDENTIAL -2. 2. We find the structure in question, a garage fronting upon Baxter Road, appurtenant to the dwelling upon the premises. The existing structure is 4.27 feet from the front lot line and 3.4 feet from the side lot line. The Applicants propose to construct an addition at the rear of the existing structure, with its closest point being 25 feet from the front lot line and continuing in the line of the existing structure along the side lot line and about 3.4 feet therefrom. 3. A plan showing the location of the existing structure and the proposed addition, and the architect's drawings of the existing structure and the proposed addition, are attached hereto as Exhibit A. 4. We find that the design and siting of the proposed addition are in keeping with the existing structure, which pre- exists the Nantucket Zoning By -law, and will have no significant effect upon the neighborhood. No objection was heard at the hearing. Accordingly, we find that the proposed addition will not be substan- tially more detrimental to the neighborhood than the existing nonconforming structure, that the proposed addition will not render the structure more non - conforming as to the required setback, and h I that it will be in harmony with the general purpose and intent of the By -Law. 5. The relief granted is upon the condition that there be no residential use of the garage building which is the subject of this application. Accordingly, this Board, by UNANIMOUS vote, hereby grants the requested relief by SPECIAL PERMIT upon the condition set forth herein. Dated: 1989. . «'. f Wi liam R. Sherman Pe r Dooley avid L g e (EJW75 /040389 /3 /BRECKER) C. Marshall Beal Robert J. Leichter NOTICE A PUBLIC HEARING of the BOARD OF APPEALS will be held on FRIDAY, APRIL 28, 1989 at x.,30 P.M. in the TOWN and COUNTY BUILDING, FEDERAL and BROAD STREETS, NANTUCKET on the APPLICATION of RICHARD L. BRECKER and JOAN R. BRECKER ( (n^Z.W -89) seeking a SPECIAL PERMIT under SECTION 139 -33A to enable construction of an addition to a pre- existing non - conforming garage, within the required front yard setback of 30 feet and within the required side yard setback of 10 feet. The proposed addition would be constructed at the rear of the existing structure, with its closest point being 25 feet from the street line, and continuing in the line of the already existing structure. The proposed addition would be about three feet from the side property line. The premises are located at 73 Baxter Road, Siasconset, Nantucket, (Plan Book 2, Page 81, Lots 34 and 35), Assessor's Parcels 049 -027 and 028, and are zoned Residential -2. William R. Sherman, Chairman BOARD OF APPEALS 4" BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS Date — TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 CASE No5/''�� APPLICATION FOR RELIEF Owner's name(s): Richard L. Brecker an Mailing address: c/o Reade & AlqQr Applicant's name: same Mailing address: -- -- r 49 —27 anr7 ,$ Location of lot: Assessor's map and parcel numbe Street address: 73 Baxter Road, Siasconset Registry Land --Gt Plan, Plan Bk & Pg err-- Plat► -mile 7 -8, _ Lot 34 and 35 Zoning district R -2 Date lot acquired: 1�2j63 Deed Ref 1 1,75— MCD ?_ Uses on lot - commercial: None x or rental rooms_ - number of: dwellings 1 duplex_ apartments_ C of O ?_ Building date(s): all pre -8/72? Yes- or Building Permit appl'n. Nos. Case Nos. all BOA app lications, lawsuits: NONE propose compared to present State fully all zoning relief Whathyounpropspective Code sections and subsections, specifically per Section and what grounds you urge for BOA to make (and 139 -33A 139 -32A if Variance, 139 -30A use If appeal per 139 -3�A Xif to alter or extend a nonconformiealed.). to attach addendum . & B _ attach decision or order app Applicants request relief to enable the construction of an addition to a pre- existiing, nonconforming garage, within the required front yard setback of 30 feet (but at the the addition being about 25 feet from the rear of the structure, the closest point of street line), and within the required side yard setback of 10 feet (but continuing in the line of the exsiting structure, about 3 feet from the side property line). addendum2 art of this Application: ordprl structures Items enclosed as p showing p + lannHD roved .) Locus map x Site plan x elevatinns __xr- (HDC aapp Floor plans present —x proposed x_ GCR parking data Listings lot area frontageT setbacks —x mal ni g labels 2 setsx Assessor - certified addressee list 4 sets x ,ca covenant_ 200 fee payable to Town of Nantucket x prOComr_,cap' s record to BOA.) (If an appeal, ask Town Clerk to send Bldg I certify that the requested information submittedeistsubstantially complete and true to the best of my penalties of p rjury. Attorney /apt x Applicant SIGNATURE: 3 (If not owner or owner's attorney, enclose proof of authority) FOR BOA OFFICE USE fo BOA on V by ---- Application copies rec °r d: complete ?? One copy filed with Town Clerk on by — b _�= one copy each to Planning Bd and Building Dept Y / (, %),_�y� aived ?_ $200 fee check given Town Tasurer on�J 1�` —/ �-' „, Hearing notice posted ,\- mailed— ,�LY� /� I & ML03 t' d tom /—, —/--/— withdrawn?—/—/— Hearing(s) on___/�— con Decision due b Y--/--/— made 11—J— filed TC_/_/— mailed,_/_ lawsuits other See related cases