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Home My WebLink About058-89°5<s -;� Form 3 -89 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 November /jl' , 1989 To: Parties in interest and others concerned with the decision of the Board of Appeals in Application No. 058- 89 of: Ernst L. Frank 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 File No. 058 -89 6. Aesthetic design of the enlarged building is shown to have Historic District Commission approval by Certificate of Appropriateness 19,696. While the existing garage is said to have a small overflow sleeping space available for use accessory to the principal dwelling use, no change in this aspect is proposed by the garage addition. Appropriately, we impose the following conditions upon relief: (1) The garage shall have no kitchen or cooking facilities, and (2) It shall be restricted to use accessory to the principal dwelling, the sleeping space not being used except by persons of the principal household. We note that the garage could not be characterized as a secondary dwelling because Section 139- 7A(2)(d) bars siting in a required setback. 7. The Planning Board's recommendation was favorable, and neighbors were supportive, particularly with relief conditioned as above. Accordingly, we are able to make the required findings, specifically, that the proposed addition will not be substantially more detrimental to the neighborhood but in harmony with the general purpose and intent of the zoning Bylaw. 8. This Board, by unanimous vote, hereby grants to Applicant the Special Permit under Section 139 -33A to construct the proposed garage addition in substantial conformity with Exhibit "A ", subject to the two conditions noted above. Dated November /7, 1989 William R. Sherma VUSTMI IR .A. Davic"J 41,441. /C * Ifff . A - 41WI--Z44a - 2 - NANTUCKET ZONING BOARD OF APPEALS NANTUCKET, MA 02554 At a public hearing on Friday, November 3, 1989, at 1:00 p.m. in the Town and County Building, Nantucket, on the Application (058 -89) of ERNST L. FRANK having an address at 28 India 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 to alter and extend an existing garage. The garage is said to pre -date the 1972 adoption of zoning and to be nonconforming by intrusion into the 5 -foot rear lot -line setback required by Section 139 -16C. The proposed alteration is the construction of a third bay as a 12' x 24' addition on the northeast corner of the garage. The addition will not reduce the existing setback from Rose Lane. 2. The premises are at 28 India Street, Assessor's Parcel 42.3.4 -108, Land Court Plan 33076 -A, and zoned Residential -Old Historic. 3. Our findings are based upon the Application papers including a copy of Land Court Plan 33076 -A and 2 sheets of plan and elevation drawings, these three being marked our Exhibit "A ", plus viewing and correspondence, and representations and testimony received at our hearing. 4. Upon Applicant's oversized 26,870 -SF lot are his dwelling and a two -bay, single -story garage. In outline, these are shown on the Land Court Plan with date of April 15, 1964. Dn this basis, Applicant represents - and we find - that the buildings and specifically the garage pre -date tie 1972 enactment of zoning. The garage intrudes about 2 feat into the required rear -yard setback and is thus both are- existing and nonconforming so as to qualify for Special Permit relief under 'grandfathering' Section 139 -33A. 5. The proposed single- story, 12' x 24' addition is shown attached t:) the garage at its northeast corner and extending about 12' eastwardly from the east front of the present garage. All 3 vehicle doors will open to the east. Since the addition is toward the India Street front of the lot, the setback nonconformity will not be made worse, i.e., the about 3 -foot spacing from the rear lot line along Rose Lane will not be reduced. NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 October 19, 1989 NOTICE A public hearing of the Board of Appeals will he on Friday, November 3, 1989, at 1:00 p.m. in the Tc;n and County Building, Nantucket, on the Application c_`: ERNST L. FRANK Board of Appeals File No. 0,Y -89 seeking a Special Permit under Section 139 -33A to altor and extend an existing garage, said to pre -date zcni_«- nonconforming by intrusion into the required 5' rear lot -line setback off Rose Lane, by constructing a 12' f 24' addition on the northeast corner for another car. The premises are at 28 India Street, Assessor's Parcel 42.3.4 -108, Land Court Plan 33076 -A, zoned Residertia1-3 -_Z Historic. William R. Sherman, Chai=-;ar: i !' BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS �1 ' TOWN AND COUNTY BUILDING Date NANTIICRET, MA 02554 / CASE No /_ APPLICATION FOR RELIEF Owner's name(s): Ernst L.Frank' Mailing address: 28 India Street Applicant's name: Frnct L, Frank Mailing address: 28 India Street Nantucket, MA 02554 Location of lot: Assessor's map and parcel number 42 --3 -4 Street address: 2R Tndia Street Registry Land Ct Plan, Plan Bk & Pg or Plan File #33076 -A Lot 108 Date lot acquired: --_/__/63 Deed Ref —, Zoning district ROH Uses on lot - commercial: None g or -, number of: dwellings 1 duplex - apartments Building date(s): all pre - 8/72? ye or Building Permit appl'n. Nos. N/A Case Nos. all BoA applications, lawsuits: MCD? rental rooms C of 0? 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 if a Special Permit (and 139 -33A XK_ if to—alter or extend a nonconforming use). If appeal per 139 -3 A _, & B , attach decision or order appealed. OK to.attach addendum l. We would like to add a 12'X24' addition to the existing garage at the rear of the property at 28 India Street. It would be an additional bay for parking a car. The zoning.relif sought is139 -33A. The square footage of the existing garage is 660. The square footage of the proposed addition is 288. The square footage of the principal dwelling is 2352. Tbal existing square footage,is 3012, the total proposed is 3,300. The allowable ground coverage is 50% of lot size or 13,351 square feet(lot size is 26,702.) Items enclos d as part of this Application: rord ad�yl1endum 2 Locus map , Site plan showing present. ned V °structures Floor plans present /o proposed ✓ elevati.o (H approved? Listings lot area.a� frontagejsetbacks T parking data a Assessor- certifie addressee ist 4 sets �ma'ling labels 2 set 1200 fee payable to Town of Nantucket — a If an a proof � cap covenant ( appeal, ask Town Clerk to send Bld Comr s record to BoA.) I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of j erjury. SIGNATURE: i Applicant Attorney /agent 3(If not owner or owner's attorney, enclose proof of authority)