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HomeMy WebLinkAbout062-89Form 3 -89 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 December 15 , 1989 To: Parties in interest and others concerned with the decision of the Board of Appeals in Application No. 062 -89 of: Francis D. and Mary C. Lethbridge 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 A ' NANTUCKET ZONING BOARD OF APPEALS NANTUCKET, MA 02554 At a public hearing on Friday, December 8, 1989, at 1:00 p.m. in the Town and County Building, Nantucket, on the Application (062 -89) of FRANCIS D. and MARY C. LETHBRIDGE having an address at 221 9th Street SE, Washington, DC 20003, the Nantucket zoning Board of Appeals made the following DECISION: 1. Applicants seek a Special Permit pursuant to zoning Bylaw Section 139 -7C to construct and provide an Accessory Apartment for year -round occupancy. The apartment would be located on the ground floor of their single- family dwelling in the northwesterly corner area. 2. The premises are at 48 Orange Street adjacent Cash's Court, Assessor's Parcel 42.3.2 -097, Page 18 of Plan Book 3 and zoned Residential -Old Historic. 3. Our findings are based upon the Application papers, particularly Applicants' ground floor plan dated 8/12/89 (our Exhibit "A"), correspondence, viewing and testimony and representations received at our hearing. 4. According to Applicants' representation, their dwelling long pre -dates the adoption of zoning in 1972. It is sited on their oversized lot of 7700 SF area with an apparent intrusion into the required 5' setback from the northerly lot line. This zoning nonconformity is, however, permitted under 'grandfathering' Section 139 -33A. That Section also allows alteration of a single - family dwelling's structure as long as that does not increase the nonconforming nature of the structure. Here, the proposed Accessory Apartment will not increase the intrusion into the required side yard setback. 5. Applicants will provide at least 2 off - street parking spaces and undertake to comply with each of the other conditions applicable to Accessory Apartments including limitations upon gross floor area. In particular, they are prepared to execute the required covenant of year -round occupancy for the apartment. 6. The Planning Board's recommendation is favorable under these circumstances, and the only neighborhood response was favorable. Accordingly, we are able to make the necessary findings, i.e., that the proposed Accessory Apartment will be in harmony with the general purpose and intent of the zoning Bylaw and, in particular, of Section 139 -7C.. i File No. 062 -89 7. By unanimous vote, this Board grants to Applicants the Special Permit under Section 139 -7C to construct and provide the proposed Accessory Apartment in substantial conformity with Exhibit "A ". Datef December4\ , 1989 F. Wd Llliams William R. Sherman .- o Robert J eichter Michael J. O'Mara �LL-u � - v Dale W. Waine - 2 - NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 November 23, 1989 NOTICE A public hearing of the Board of Appeals will be held on Friday, December 8, 1989, at 1:00 p.m. in the Town and County Building, Nantucket, on the Application of: FRANCIS D. & MARY C. LETHBRIDGE Board of Appeals File No. 0(c2 -89 seeking a Special Permit under Section 139 -7C (and, if necessary, under Section 139 -33A) to construct and install an Accessory Apartment within their single- family residence, to be located in the northwesterly corner area of the ground floor and used as a year -round dwelling unit. The premises are at 48 Orange Street adjacent Cash's Court, Assessor's Parcel 42.3.2 -097, Page 18 of Plan Book 3, zoned Residential -Old Historic. L William R. Sherman, Chairman BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 CASE No .C&2- APPLICATION FOR RELIEF owner's name(s): IYA9Y C L� Bl�I DG� Mailing address: 2s�-/ GI �. -�5Ts-�,E 1 1444-4y/NL7GA/, 2 -G- ��M Z Applicant's name: F tiva� D- /1'1A C L�7�i8 1 DGe Mailing address: -5-721 qZ-H `T Location of lot: Assessor's map and parcel number - Street address: D,C'�NG �Ti�FT �l�it/ili�T �7�4 . G25 V / Registry Land Ct Plan, Plan Bk & Pg or Plan File Lot /t�Qp REsl,9- VWDALl Date lot acquired: 4110-Irl 66 Deed Ref zoning district Uses on lot - commercial: None V or MCD? - number of: dwellings / duplex 0 apartments 4 rental rooms o Building date(s): all pre -8/72? %E5 or C of O? Building Permit appl'n. Nos. Case Nos. all BoA applications, lawsuits: 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 if to alter or extend a nonconfforming use). If appeal per 139 -31A & B _ , attach decision or orderl appealed. OK to attach addendum. ,4PPLI CAA/` 5 s� AA1 4X6,FPT1o1V FQR AA1 ACCc� soQY 14PARrWa7- R9 Y4- K9 -1QZVA1D 6ccU ©•4N�y', UA/DE�Z T - FROVI� /o/uI:56 OF ME /f/,4&7MGk�eT Zoi W& 6904F ; 5,EC-770A/ 13%- 7• A07TV 14PPL 1zA- A1TS AP,` SCN /OR r1 T /Z547QS 14AIP W' RVP 70' acc z)f-Y r�� PREMJAS 54t- 49 a/?341V&F- .Si- Y,--AR- Items enclosed as part of his Application: or derl addendum2 Locus map Site pla .showin� resent c/ +planned c/'s'truct ures Floor plans present proposed elevat ons (HDC approved ?_) Listings lot area lfrontage setbacks G.-eL j parking data_o Assessor - certified addressee ist 4 sets majl'ing labels 2 sets_ Si200 fee payable to Town of Nantucket proof 'cap' covenant (If an appeal, ask Town Clerk to senaBldg 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 parjury. - SIGNATDoiVyer plicant Attorney /age nt 3 ( If oe Y� enclose proof of authority) _