HomeMy WebLinkAbout055-89Form 3 -89
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
October 31 , 19 89
To: Parties in interest and others
concerned with the decision of the
Board of Appeals in Application No. 055 - 89
of: CLAIRE E. AND BARBARA BUTLER
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, Chal.rman
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 (055 -89) of CLAIRE E. and BARBARA BUTLER
having an address at 25A Pine Street, Nantucket, MA 02554,
the Nantucket zoning Board of Appeals made the following
DECISION:
1. Applicants seek a Special Permit under zoning Bylaw
Section 139 -33A to alter a nonconforming commercial use on
the premises, substituting a residential apartment use
nonconforming in that the apartment would not fully comply
with the requirements of Section 139 -7A(2) for secondary
dwellings. The commercial use, a retail paint store and
contractor's shop, is said to pre -date zoning. If an
alternative is necessary, Applicants ask a Special Permit
under Section 139 -7C for construction and use of a
year -round Accessory Apartment.
2. The premises are located 25A Pine Street, Applicants'
residence, Assessor's Parcel 42.3.2 -112, Lot 1 in Plan
Book 22 at Page 96, zoned Residential -Old Historic.
3. Our findings are based upon the Application papers
including a partial plan (our Exhibit "A") endorsed ANR by
the Planning Board and marked to show where in the
existing building the proposed apartment will be
installed. They are also based upon viewing,
correspondence, and testimony and representations offered
at our hearing.
4. Applicants' undersized 3,791 SF lot contains a 2- story,
combined shop and apartment building set back from Pine
Street with a parking area in the front for 3 vehicles.
Applicants' representation that the building and the
nonconforming commercial use long pre -date 1972 enactment
of zoning is uncontraverted. The business, including at
times up to 15 employees, a paint spray booth, hardware as
well as retail paint sales and paint contracting services,
is an exceptional commercial activity in an otherwise
strictly residential neighborhood.
5. Applicant Mr. Butler, having retired, intends himself
to construct the new, second apartment for use by a member
of his family, not necessarily on a year -round basis. The
new apartment is to have about 460 -SF floor area on the
second floor level. A small deck and entry door will be
provided in the rear.
File No. 055 -89
.. 6. The only neighbor heard from characterized the proposed
change as an improvement to the neighborhood. No objection
was voiced. Removing the nonconforming commercial use from
this historic and well- maintained residential neighborhood
is most commendable. Accordingly, we make the requisite
findings that the proposed relief will not be
substantially more detrimental to the neighborhood and
will be in harmony with the general purpose and intent of
the zoning Bylaw. Since we are able to grant the relief
preferred by Applicants, the alternative relief under
Section 139 -7C is denied.
7. By unanimous vote, this Board grants to Applicants the
requested Special Permit under Section 139 -33A entirely to
replace all nonconforming commercial activity on the
premises and, in lieu thereof, to construct and make
residential use of a new, second apartment in substantial
conformity with Exhibit "A ".
Dated October.3L, 1989
'J/1 ///YI
- 2 -
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
September 28, 1989
NOTICE
A public hearing of the Board of Appeals will be held
on Friday, October 13, 1989, at 1:00 p.m. in the Town
and County Building, Nantucket, on the Application of:
CLAIRE E. and BARBARA BUTLER
Board of Appeals File No. O -Z- -89
seeking a Special Permit under Section 139 -33A to alter a
retail paint store and contractor's shop, nonconforming in
this Residential -Old Historic District and said to
pre -exist 1972 zoning, and replace it with a second
apartment on 3,791 SF Lot 1 and without restriction to
year -round occupancy - or with such restriction, if
necessary to obtain relief, and pursuant to Section 139 -7C
"Accessory Apartments" if such Section 139 -33A relief is
denied.
The premises are at 25A Pine Street, Assessor's Parcel
42.3.2 -112, Lot 1 in Plan Book 22 at Page 96.
William R. Sherman, Chairman
BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
APPLICATION FOR RELIEF
Owner's name (s) • Clair E. & Barbara 'Butler
Mailing address: 25a Pine St Nantucket Ma 02554
Applicant's name: cnma ag ahmup
Mailing address:
same as above
Date
CASE No,0
Location of lot: Assessor's map and parcel number 42.3.2 -112
Street address: same as above
Registry Land Ct Plan, Plan Bk & Pg or Plan File bk22 pp-96 Loth_
Date lot acquired: _f,./�71, Deed Ref j3f,,6a Zoning district ROH
Uses on lot - commercial: None _ or retail store & contractors shMbD?
- number of: dwellings_ duplex ap4rtments rental rooms
Building date(s): all pre-8/72?_ or
Building Permit appl'n. Nos.
C of O?
Case Nos. all BoA applications, lawsuits: Variance (32 -84)
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
129_32A X if Variance, 139 -30A if a Special Permit (and 139 -33A
if to alter or extend a nonconforming use). If appeal per 139 -31A
1-B — , attach decision or order appealed. OK to attach addendum .
We request that the Board make a finding pursuant to 139 -33A of the Code
of Nantucket that the alteration of the pre- existing nonconforming
retail paint store and contractors shop into an apartment with out
restriction of year round occupancy is not substantially more
detrimental to the neighborhood than the existing nonconforming use and
grant a Special Permit for the change of use.
In the alternative, if the Board is unable to make the finding requested
above, than relief from 139 -7C of the Code of Nantucket is requested for
a " Year -round Accessary' Apartment.
Items enclosed as part of this Application: orderl addendum2
T.At -iic YnAn Y ci'hAn "In" V -L-1