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Home My WebLink About046-89TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 September 22, 1989 r� File No. 046 -89 To: Parties in interest and others Re: Decision in the Application of: TOMONA L. MCGRATH 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 mupt 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 Wi 1ia R. Sherma4M? irrma`n i �� /� l r BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACIiUSETTS 02554 DECISION: The BOARD OF APPEALS, a-c "u:_ _-..c fitaring held on Friday, September 15, 1989 at 1:00 P . M . in c .e Town and County Building, Nantucket, made the following Decision upon the Application of TOMO'1%A L. McGRATII (046 -89) of P. 0. Bo:: 936, Nantucket, Massachu- setts. 1. This is an ffc.r relief for several matterc. First, the Applicant requests modification of an existing Special Permit (044 -80) dated Noveriber 26, 1980 which allows a garage to be constructed with a five (5') foot set back. Applicant proposes to change the garage use to a 1=', v-4 nc• areE.. Second, the Applicant seeks Variance relief pur:-,uant to Sectior. =.39 32A from Section 139 --4916G Intensity Regulations to approve the location of the existing structure (garaq(!) w'riich is approximately 3.20 feet from the lot line and should bF! 5 f r.et 1:r m the Lot line. Third, the Applicant requests a wz. =ve.r o tt-Le fil'irg fee. The premises are located at 7 P-L..)n :street, I.c)t 1, Land Court Plan 36593 -B, Assessor's Parcel 80-026, 6, zondd P.esidential 2. Based upon the Application, accompanying plans, photographs, correspondence and _est=on1J, the Board finds that modification of Special Permit No. 044 -80 to allow a change of use from a garage to living area is a permitted use a:'id '..n_ harmony with the general pur- pose and intent off the :o ?.i rig by -law. The Board finds what Variance reiief can be granted to allow the existing ;set bac]: of the structure which is less than the rec ;uired five (5) feet as permitted by the 1980 Special Permit. Due to the circumstances relating to the shape o3_ land and structures thereon, but not generally affecting the zoning district, a literal enforcement of the b, /law would involve substantial hardship to the Applicant. The Variance relief may be granted without substantial detriment to the public good and without nullifying or substantially, derogating from the intent or purpose of such -The Special Permit modification and Variance relief are granted upon the condition that Applicant shall provide two ("') off street parking spaces on the lot. granted. The Board i:inds that a Waiver of the filing fee may be _1 -- 3. No opposition to the Application was presented at the public hearing and the Hoard received several letters in support of the Application. 4. For the reasons and upon the conditions set forth above, the Board of Appeals grants the Applicant a modification of Special permit No. 044 - -80 and Variance relief from Section 139 -16C, Intensity Regulations, By a Four to one vote ,h¢ -tea» dppofe�%. Dated: September °�`�, 1989 -2- s NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, SEPTEMBER 15, 1989 at 1:00 p.m. in the Town and County Building, Nantucket, on the Application of: TOMONA LISA MCGRATH Board of Appeals File No.: 046 -89 seeking a new SPECIAL PERMIT, or MODIFICATION Of Special Permit 044 -80 under SECTION 139 -16C to allow conversion of an existing garage /laundry room into a living room which is set back less than 5 feet from Plum Street but more than 30 feet from Nobadeer Avenue; alternatively, or with a VARIANCE from SECTION 139 -16C, to validate the existing 1.80 -foot intrusion of the garage into the 5 -foot side yard setback required by Special Permit 044 -80. See also 045 -89, withdrawn without prejudice. The premises are located at 7 PLUM STREET, SURFSIDE, Assessor's Parcel 80 -026, Land Court Plan 36593 -B, Lot 1, and zoned RESIDENTIAL -2. �u �� Zf�� William R. Sherman, Chairman BOARD OF APPEALS le BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS Date TOWN AND COUNTY BUILDING NANTUCKET, ILIA 0255.1 CASE No. - 4 APPLICATION FOR RELIEF Owner' s name (s) : TOMONA LISA MCGRATH Mailing address: Applicant's name: Mailing address: Box 936, Nantucket, MA 02554 Location of lot: Assessor's map and parcel number 80 - 026 Street address: 7 Plum Street Registry Land Ct Plan, Plan Bk & Pg or Plan File L.C. 36593B Lot 1 Certificate Date lot acquired: __J_/_ Deed Ref 12 , 266 Zoning district R -2 Uses on lot - commercial: None X or MCD? 2 dwelling units - number of: dwellings i duplex apartments rental rooms Building date(s): all pre -8/72? x or garage 1980 C of O? Building Permit appl'n. Nos. Case Nos. all BOA applications, lawsuits: No. 044 -80 see attached Decision 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 xf if a Special Permit (and 139 -33A & Bif to attachodecision ornorderioappealede.)OKltoaattachpaddendum A On November 26, 1980 (044 -80) the Board of Appeals granted a Special Permit to reduce the ten (10) foot side lot setback distance to five (5) feet for the construction of a garage /laundry room. The Applicant seeks a special permit and /or modification of the previous Decision to change the use of the garage to a living room. No expansion of the existing foot print of the building is requested. In addition or in the alternative Applicant seeks variance relief pursuant to Section 13 32A of § 139 -16, Intensity Regulations to allow the existing non conforming garage side yard set back of approximately 3.20 feet and a change of use from garage to living room. The set back violation occured when the garage was built. ** Items enclosed as part of this Application: orders addendum2 Locus map Site plan showing present +planned structures Floor plans present proposed elevatinns (HDC approved ?_) Listings lot area frontage setbacks GCR parking data Assessor- certifie3 addressee ist 4 sets mall ni g labels 2 sets_ (If aneappeal, ask Town Nantucket — B1dgocomr covenant ( PP I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: ', Applicant Attorney /agent x 3(If not owner or owner's attorney, enclose proof of authority) NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Nantucket, MA 02554 (Continuation Sheet) ** A literal enforcement of the by -law would impose sub- stantial hardship on the applicant and relief can be grant- ed without substantial detriment to the public good and without nullifying or substantially derogating from the in- tent or purpose of the by -law. 4- w 11 WAYNE F. HOLMES WILLIAM H. HAYS III JULIE A. FITZGERALD LAW OFFICES HOLMES, HAYS & FITZGERALD 35 CENTER STREET NANTUCKET, MASS. 02554 August 23, 1989 Mr. William Sherman, Chairman Board of Appeals Town & County Building Nantucket, MA 02554 RE: Applicant: Tomona Lisa McGrath Premises: 7 Plum Street Assessors Map: 80 -026 Dear Mr. Sherman: Enclosed for filing please find the following: 1. Application plus three (3) copies; 2. Four copies of the Abutter's List; 3. Four (4) copies of Land Court Plan 36593 -B; 4. Four (4) copies of the as -built plan; AREA CODE 617 228-0052 5. Four (4) copies of Board of Appeals Decision 044 -80; 6. Four (4) copies of the HDC approved plan; 7. Two (2) sets of mailing labels; and 8. Check in the amount of $200.00 Would you kindly schedule this matter for hearing at the next available date. Very truly yours, dine F,-. Fitzgeralcf- JAF/mc Enclosures CC: Ms. Joanne M. Holdgate, Town Clerk Ms. Tomona McGrath BoA Form 1 -89 NANTUCKET OONTANDNCOUNTYA APPEALS BUILDING Date NANTUCKET, MA 02551 CASE No. - APPLICATION FOR RELIEF Owner' s name (s) : TOMONA LISA MCGRATH Mailing address: Box 936, Nantucket, MA 02554 Applicant's name: same Mailing address: same Location of lot: Assessor's map and parcel number 80 - 026 Street address: 7 Plum Street Registry Land Ct Plan, Plan Bk & Pg or Plan File L.C. 36593B Lot 1 Certificate Date lot acquired: __j/_ Deed Ref 12 , 266 Zoning district R -2 Uses on lot - commercial: None _ or MCD? 2 dwelling units - number of: dwellings 1 duplex apartments rental rooms Building date(s): all pre -8/72? x or garage 1980 _ C of O? Building Permit appl'n. Nos. Case Nos. all BoA applications, lawsuits: No. 044 -80 see attached Decision 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 xf if a Special Permit (and 139 -33A1 Bif to—alter , achodecision per 139-3 On November 26, 1980 (044 -80) the Board of Appeals granted a Special Permit to reduce the ten (10) foot side lot setback distance to five (5) feet for the construction of a garage /laundry room. The Applicant seeks a special permit and /or modification of the previous Decision to change the use of the garage to a living room. No expansion of the existing foot print of the building is requested. In addition or in the alternative Applicant seeks variance relief pursuant to Section 13 32A of § 139 -16, Intensity Regulations to allow the existing non conforming garage side yard set back of approximately 3.20 feet and a change of use from garage to living room. NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Nantucket, MA 02554 (Continuation Sheet) ** A literal enforcement of the by -law would stantial hardship on the applicant and relief ed without substantial detriment to the public without nullifying or substantially derogating tent or purpose of the by -law. impose sub - can be grant - good and from the in-