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Home My WebLink About034-890 3 4 - l NANTUCKET BONING HOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 June 9 , 1989 File No. (034 -89) To: Parties in interest and others Re: Decision in the Application of WILLIAM NORRIS, FOR HIMSELF AS CONTRACT PURCHASER AND FOR OWNER PACIFIC NATIONAL BANK OF NANTUCKET Enclosed is the decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. An appeal from this decisiari 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 j: RESIDENTIAL -OLD HISTORIC District. 2. Our findings are based upon the application papers including plans received before our May 26, 1989 hearing, and the testimony and representations of the Applicant and counsel for the Applicant. Based upon Applicant's representations we find that two (2) connected structures are situated on the newly configured lot as shown on the submitted plan The northerly most structure includes two (2) pre- existing, non - conforming dwelling units. The southerly most structure has been used for commercial purposes from a time prior to the effective date of the Nantucket Zoning By -Law to date and constitutes a non - conforming use of this structure. Removal of approximately 150 square feet of building from the premises will allow the premises to conform with the frontage, area and ground cover ratio requirements in the Residential Old- Historic Zoning District. The northerly most structure on the lot will intrude three feet into the five foot side yard setback distance along Lyons Street. 3. The Applicant proposed to convert both structures on the newly configured lot into separately owned dwelling units and will, thereby, eliminate the non - conforming commercial use of the southerly building. The n:�!arest neighbors expressed no objection to the Applicant's request for relief. The Applicant proposes to provide necessary off - street parking on the premises in accordance with the submitted planxand to reconstruct and Page Two of Four i upgrade the structures on the lot. Such reconstruction will include the additi(n of shed dormers to the southerly roof line of the former commercial store on the premises. The Applicant also proposes that each of the structures on the lot be held in separate ownership as opposed to common ownership. While the Zoning By -Law generally provides that two (2) dwelling units on the same lot should be held in common ownership, we specifically find that both structures may be held in separate ownership without nullifying the purposes and intent of the Zoning By -Law. Elimination of the commercial use of the southerly structure on the lot will make the premises less non - conforming and will upgrade the neighborhood by insuring that the premises are used for residential purposes. We are empowered under Section 139 -33A of the By -Law to allow the alteration of a pre- existing, non - conforming use such as the commercial use at issue as long as we make a finding that such alteration shall not be substantially more detrimental than the existing non - conforming use to the neighborhood and we do so find. To assure that the proposed alteration of uses on the premises will be in harmony with the general purposes and intent of the Zoning By -Law, we condition relief condition relief upon: A. That the dwelling units to be constructed on the premises /be prohibited from dedication as time -share units; and B. That the Applicant obtain approval of the plan showing the newly configured lots from the Nantucket Planning Board and Page Three of Four record such plan at the Nantucket Registry of Deeds. 5. By Unanimous Vote, this Board grants to Applicant the requested Special Permit under Section 139 -33A subject to the conditions noted in Paragraph 4 above. Dated: June _ , 1989 Page Four of Four NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 May 11, 1989 NOTICE A public hearing of the Board of Appeals will be held on FRIDAY, MAY 26, 1989, at 1:00 p.m. in the Town and County Building, Federal and Broad Streets , Nantucket, on the Application of: WILLIAM NORRIS, FOR HIMSELF AS CONTRACT PURCHASER AND FOR OWNER PACIFIC NATIONAL BANK OF NANTUCKET Board of Appeals File No. 03` 89 Seeking a SPECIAL PERMIT under SECTION 139 -33A to alter and extend two adjoining non - conforming buildings (and their uses) by removing up to 150 SF of existing 2831 SF of building foot- print and by converting the two- apartment building and adjoining store, said to be pre- existing non - conforming uses, to two dwellings or dwelling units, not in same ownership on new Lot I containing 5372 ± SF. With the removal of 150 SF of building, the premises are said to conform with the frontage, area =.nd ground cover ratio required in the district. The premises (Lot I) are at 57 and 59 ORANGE STREET, Assessor's Parce' -.s 42.3.2 -37 and -36 and a portion of 61 ORANGE STREET, Assessor's Parcel 55.4.1 -15. See Plan Book 16, Page 68, Lots 1 and 2 and Lot 4 on Plan Book 18, Page 68; in the RESIDENTIAL - OLD- HISTORIC.di . trict. See prior 113 -86, also 039 -86 re Lots II and II; and current file no. 035 -89. n (/ William R. Sherman Chairman Board of Appeals BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS Date TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 CASE No.(53� -r APPLICATION FOR RELIEF owner's name (s) • p_ ntucket Mailing address: 6 ► Applicant's name: w,i,�Q,i,am Na c/o GZ dden 9 Uidden, P.C., 37 Ce�� o S Nan iLrfzo MA 02554 Mailing address: Location of lot: Assessor's map and parcel number 4232- 037 03__f_ Street address: 57 and 59 0,ange See Annexed or Plan File V,P�� Lot 1 (be�.ng a .necan- Registry Land Ct Plan, Plan Bk & Pg 287 &.a .on o districtR Jq 1 o 2 an Date lot acquired: 13 88 Deed Ref 303,284,/ Zoning $Pahelb$1 Uses on lot - commercial: None or Rea,i2 MCD? Na g - number of: dwellings 2 duplex apartments X rental rooms Building date(s): all pre -8/72? _ZV or C of 0? Building Permit appl'n. Nos. None Case Nos. all BoA applications, lawsuits: 113 -86 State fully all zon sections and subsections, specifically per Section and what grounds you urge for BoA to make Special (and 139 -33A 139 -32A if-Variance, 139 -30A if a Suse If appeal per 139 -3 A x if to alter or extend a nonconormiealed.)OK to attach addendum . &-B _ attach decision or order app Appticant nequ"V netiej by Spec,cat Penmii a aZten, an a extend a pne -exi,s ,ing noncon6onmi,ng Atxu.ctune and use. 16 gta.nted, the Appticant w.c.2t be attowed to nemove not mane than 150 6quane beet oij buieding and wiU convent the pne.miza jnom a 6tone and a two -6amit y dwett i-ng into two 6.ingte- 6amie.y dweUing, not in same owne tzhip on new Lot 1. Appticant betieva that th.i.6 conveAzion wilt maze the present noncon6oxmi,ng teaw6ut use mote con6onming with cu xent zoning and wiU be te66 de th imentat to the ne,i,ghbon than that which ptaen ty may exist. 2 Items enclosed as part of this Application: ordelanned addstructures Locus map X Site plan X showing present T p ed approved?_) Floor plans present proposed setbackslonsGCR ( parking data Listings lot area frontage ing Assessor- certifieUaddressee list 4 sets X romf lingcap' covenants 200 fee payable to Town of Nantucket X P (If an appeal, ask Town Clerk to senU—Bldg Comr's record to BoA.) I certify that the requested estlof myaknowledge ,tundersthebpainslandy complete and true to the / penalties of pe Wry. V/ Applicant Attorney /agent SIGNATURE: 3(If not owner or ner's attorney, enclose proof of authority)