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Home My WebLink About053-89V Form 3 -89 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 October 31 , 1989 To: Parties in interest and others concerned with the decision of the Board of Appeals in Application No. 053 - 89 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 day's 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. Willi. m R. Sherman, Chairman cc: Town Clerk Planning Board Building Commissioner NANTUCKET ZONING BOARD OF APPEALS NANTUCKET, MA 02554 At a public hearing on Friday, October 13, 1989, at 1:00 p.m. in the Town and County Building, Nantucket, on the Application (053 -89) of SHIRLEY PETERS having an address at 17 Fair Street, Nantucket, MA 02554, the Nantucket zoning Board of Appeals made the following DECISION: 1. Applicant seeks a Special Permit under zoning Bylaw Section 139 -33A (and, if necessary, a Variance from the maximum of 1488 -SF ground cover allowed under Section 139 -16A) to provide a 96 -SF garden- equipment storage shed on the premises. Her existing single- family dwelling has a ground cover of 1790 SF and is thus nonconforming but is said to pre -date the 1972 enactment of zoning. 2. The premises are located at 17 Fair Street, her residence, Assessor's Parcel 42.3.2 -170, Certificate of Title at Page 341 of Book 300, zoned Residential -Old Historic. 3. Our findings are based upon the Application papers, viewings, correspondence and photoprints, site plan sketch (our Exhibit "A"), representations and testimony received at our hearings of September 15 and October 13, 1989. 4. Applicant's representation that her nonconforming dwelling on the 4960 -SF undersized lot pre -dates zoning is uncontraverted. She therefore qualifies for Special Permit relief under the grandfathering provisions of Section 139 -33A if we can make the necessary findings. We are able, upon a close balancing of the interests of Applicant and her neighbors, to make those findings and thus to grant the requested relief by Special Permit. Alternative Variance relief is unnecessary and is, therefore, denied. 5. Ordinarily when ground cover is already exceeded by a substantial amount, this Board is very reluctant to allow an increase. Here, however, the increase is small but appears likely to contribute significantly to the better appearance of the neighborhood. While Applicant apparently has some storage space in her basement for garden equipment, it is sufficiently inaccessible that such equipment is generally kept in the open rear yard. It is said by neighbors to contribute to an unsightly clutter which Applicant proposes to bring within the shelter of a small, attractive shed. 6. The shed has an esthetic appearance approved by the File No. 053 -89 Historic District Commission under Certificate of Approprateness 19976. Its proposed location, the subject of extended discussion at our hearings, is shown on Exhibit "A" - a compromise to leave the structure functional, yet relatively unobtrusive from the vantage points of the neighbors to the west and north. The 12' length of the shed is to be oriented east -west with the lot so that the equipment doors open into the rear yard to the west. The smaller entry door is then to the north. 7. As a condition upon the relief granted, Applicant will restore fencing along School Street westward from the rear of the house, as shown on Exhibit "A ", with a gap to accommodate an off - street parking area for one and preferably two vehicles. The fencing need be of a height no greater than the previously existing fence but preferably as high as permitted by the HDC. 8. With this condition, we are able to find that the proposed relief with 96 SF of added ground cover will not be substantially more detrimental to the neighborhood but will be in harmony with the general purpose and intent of the zoniing Bylaw. Without that condition, the Planning Board's recommendation is unfavorable and neighbors are opposed. 9. Accordingly, by unanimous vote, this Board grants to Applicant the requested Special Permit under Section 139 -33A to provide the 96 -SF shed sited in substantial conformity with Exhibit "A ", subject to the condition as to School Street fencing noted above. Dated October 31 , 1989 � t LiVnda P. Williams WilliannR. fherman avI Ct L_e -wett - MickaeA J. t Dale W. Wa - 2 - r NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 August 31, 1989 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: SHIRLEY PETERS Board of Appeals File No. O-3 -89 seeking a Special Permit under Section 139 -33A (or, if needed, a Variance from the ground cover limits of Section 139 -16A) to provide a 96 -SF garden- equipment storage shed on the premises to the rear and south of her single- family dwelling said to pre -date 1972 zoning. A ground cover of 1488 SF is allowed on her 4960 -SF lot, exceeded by the 1790 -SF dwelling footprint. The premises are at 17 Fair Street, Assessor's Parcel 42.3.2 -170, Lot 2431 at Page 341 of Plan Book 200, zoned Residential -Old Historic. /-,-- �Y��,,..�-Z William R. Sherman, Chairman SoA I'orni l- i39 1711 ?r'.1'UCKET ZONING BOARD OF API ?T�.AL ;, TOWN AND COUNTY BUILDING NAN'T'UCKET, JJA 02554 A1)PLIC —AT IQN EQR l2ELTEI' owner's name(s): _ --- --- - -- Ma it ing addre: Applicant's name ___'_ ' - -- __�- � --- - - - - -- -- - - - -- ------- --- - -- Mailing add -e - - - -- — Location of lot -.: Assessor' map and parcel number - ! 1 -- - - -- Street address' . -- - -- - -- — - --- -- t ! ! Lot Registry Land Ct. Plan, Plan Bk P9 o7: Plan File f: Zoning di- strict Date lot acqui -red : Deed Re Uses on lot - conunerci.al: None or _- -- - - - -- — number of : dwellings — dup]_c�x__ -, apartments----- rental rooms_-- - o r C o f 0. __ Building dates) . all pre-8/72? __ - - -- Building Permit appl.' n. Nos. lawsuits: Case Nos. all L?oA applications, __ - -- State fully all z relief sought and respective Code sections and subsections, specif:iczilly what you propose compared to present per Section and what grounds _Xou urge for BoA to if each cjai Permit per 139 -33A 139 -3 ?.A if Variance, iance, 139 - -30A Spec appeal per 139-31A _ if to alter or e):tend a noncon�or_ming use'). 1:f a alter decision ar order appealed. OK to attach addendum1. aC� ! ,, r'�f� 1 }r`il t Iro yt 1? t tiUU�E: sr• Ca. G• A i tvi F -0t tt 1 >. } • - E �Ca`>> ! r.c r;� r r rt, rr,,.,'( Application: orderl addendum Items enclosed as part of this App � � fanned structures Locus map__ Site plan showing present p (HDD approved? — r pro osed elevations ) Floor plans present__ proposed__ _ Listings lot area frontage k GCR _ setbacks parking data_sets__ Assessor- ied addressee 11 s'c 4 sets , o f.l in 'cap, ecovenant $200 fee payable to Town of Nantucket p" •�(If an appeal, ask Town Clerk to send I31dg Comr's record to BoA•) I certify that the r. equesbedtinformation knowledge ,tunderJthebpaintlandy complete and true to the penalties of perjury. Applicant- SIGNATURE: t� I — ttorney /agent _ t .i (7l _--- -- enclose proof of authOrit:y) 3 (I f not owner or owner's attorney, —_ - -- —. —_ --