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Home My WebLink About064-89�M 6)(0 '-�, — qpc� Form 3 -89 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 December 18 , 1989 To: Parties in interest and others concerned with the decision of the Board of Appeals in Application No. 064 -89 of: Artists Association Of Nantucket 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. r__l� -.s-. 1.• William R. Sherman, Chairman cc: Town Clerk Planning Board Building Commissioner /f ; r' 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 (064 -89) of ARTISTS ASSOCIATION OF NANTUCKET having an address at P.O. Box 1104, Nantucket, MA 02554, the Nantucket zoning Board of Appeals made the following DECISION: 1. Applicant seeks a Special Permit pursuant to zoning Bylaw Section 139 -33A for alterating an existing barn and converting it to use as a secondary dwelling. The barn is sited within the required 5' setback from the northwesterly side lot line, but that zoning nonconformity is said to pre -date the 1972 adoption of zoning. 2. The premises are at 5 Pleasant Street, Assessor's Parcel 55- 032.3, Lot 6 of Land Court Plan 38506 B (or that portion, now Lot 9 in Plan File 33 -B, resulting from a recent ANR division of Lot 6). The zoning district is Residential -1. 3. Our findings are based upon the Application papers, particularly the partial copy of Plan File 33 -B, viewings and plans, photoprints, representations and testimony received at our hearing. Reference was also made to Applicant's prior Special Permit 083 -87 granted 6/29/87 applicable to all of Lot 6. 4. Applicant has obtained Planning Board endorsement "approval not required" of a division of Lot 6 into 3 new Lots 8, 9 and 10, each with street frontage. Only Lot 9 is before us in this proceeding. We are told that a prospective buyer of that lot proposes to convert the barn into a secondary dwelling. To do so, a new foundation will be constructed and the building renovated after being raised and lowered onto that foundation. 5. According to presentation drawings, an entry porch would be added on the front side (away from the side lot line) and the gable roof extended to cover the present one -story attached shed; otherwise, the building envelope would not be extended. On the first floor, a kitchen and living- dining room are proposed and, on the second, a loft bedroom, bath and closet are provided. 6. If the building were to remain in the nonconforming site, the northwesterly facade would have no windows or doors due to proximity of the side lot line. The building would be raised but not translated while the new �r File No. 064 -89 foundation was built underneath. 7. To allow the building to remain in the nonconforming site intruding into the side -yard setback would violate the provisions of Section 139- 7A(2)(d) which requires that a secondary dwelling "shall comply with all other Zoning Bylaw regulations ". We are unable, therefore, to make the necessary finding that the requested relief would be in harmony with the general purpose and intent of the Bylaw. Absent unusual circumstances, creating a nonconforming residential use within a required setback in a densely settled neighborhood is inherently detrimental. 8. Factors in favor of relief include the Planning Board's recommendation, public interest in Applicant's financial well being and absense of abutter objection. Nonetheless, the facility with which the barn could be renovated on a conforming site weighs in favor of respecting the zoning law applicable here. Also, there is doubt that we have the power to create a nonconforming use on the basis of a pre- existing structural nonconformity with Section 139 -16C. In any event, we are able to find that no relief would be required if the barn were first relocated onto a new foundation for siting as a secondary dwelling in conformity with the zoning requirements as to setbacks and front -to -rear spacing. 9. Accordingly, upon a motion to grant the relief reguested, this Board voted unanimously in the negative. Relief is, therefore, DENIED. Da d December 17, 1989 William R. She man Michael J. O'Mara - 2 - lee l lq�l k,4�61 4 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 NOTICE November 17, 1989 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: ARTISTS ASSOCIATION OF NANTUCKET Board of Appeals File No. 064 -89 seeking a Special Permit under Section 139 -33A to alter the existing barn, sited within the required side line setback and said to pre -date 1972 zoning, by converting it for use as a secondary dwelling. The premises are at 5 Pleasant Street, Assessor's Parcel 55- 032.3, Lot 6, of Land Court Plan 38506 B (or that portion, now Lot 9 in Plan File 33 -B, resulting from a resubdivision of Lot 6), zoned Residential -1. William R. Sherman, CHairman o � .V, 1 BdA Form 1 -89 Owner's name(s): Mailing address: NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKETr MA 02554 APPLICATION FOR RELIEF Artists Association of Nantucket P.O.Box 1104, Nantucket, MA 02554 Applicant's name: Artists Association of Mailing address: c/o Glidden F Moretti . Date CASE No. -� Location of lot: Assessor's map and parcel number 55 - 032.3 Street address: 5 Pleasant Street p Lot Portion of * Registry Land Ct ��i / /�'lA /�1/I/9/�/1//�/1/If� zQCn�u _ 1,U L---6- Date lot acquired: �� 87 �d4i RefaZ2 Zoning district R -1 Uses on lot - commercial: None _X._ or MCD ? _Na - number of: dwellings One duplex No apartments NO rental rooms No Building date(s): all pre -8/72? X or C of O ?— Building Permit appl'n. Nos. 2815A83 Case Nos. all BoA applications, lawsuits: (083 -87) 6/29/87 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 nonconforming use). If appeal per 139 -3�A & B attach decision or order appealed. OK to attach addendum . Applicant requests a Special Permit pursuant to 139 -33A for alteration of the existing barn, as shown on the annexed plot plan, to use it in a substantially different manner. If Applicant's request is granted, it will be allowed to convert the existing barn, which is within the sideline setback, into a secondary dwelling. The distance between the structure and the sideline will not be made more non - conforming. *NOTE:A resubdivision of LOt 6 is being prepared for filing with Land Court, 111 dl. l.yluaii n Items enclosed as part of this Application: orderl addendum _ Locus map Site plan showing present +planned structures Floor plans present proposed elevations (HDC approved ?_) Listings lot area frontage T setbacks GCR parking data _ Assessor - certified addressee list 4 sets mall ni g labels 2 sets_ $200 fee payable to Town of Nantucket proof 'cap' covenant l(If an appeal, ask Town Clerk to send Bldg 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 P rjury�/�� SIGNATURE: 3(If notL&ner ox Applicant Attorney4a-4�fa t er's attorney, enclose �pr?9-fa-f� authority) �01 4 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 NOTICE November 17, 1989 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: ARTISTS ASSOCIATION OF NANTUCKET Board of Appeals File No. 064 -89 seeking a Special Permit under Section 139 -33A to alter the existing barn, sited within the required side line setback and said to pre -date 1972 zoning, by converting it for use as a secondary dwelling. The premises are at 5 Pleasant Street, Assessor's Parcel 55- 032.3, Lot 6, of Land Court Plan 38506 B (or that portion, now Lot 9 in Plan File 33 -B, resulting from a resubdivision of Lot 6), zoned Residential -1. William R. Sherman, CHairman� J -BOA Form 1 -87 ARPEZCAT,107*` NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") No , owner's name(s): Artists Association of Nantucket Mailing address: P.O.Box 1104, Nantucket, MA .02554 Applicant's name : Artists Association of Nantucket Mailing address: c/0 Glidden $ Moretti 37 Centre St. , Nantucket, MA 02554 Location of lot(s): Assessor's map and parcel-S5-032.3 Street address 5 Pleasant Street r rt,ion of tt *Registry LC PL, pY./hN / & /,Pfij / /I°X//n/ 38506B Lot P . 13279 Subdivision Gardner Lane Endorsed 2 / 8/ 82 ANR? No Date lot(s) acquired: 9/ 27/ 87 Zoning district R -1 Number of dwelling units on lot(s): One Rental guest Looms none Commercial use on lot(s): None MCD? No Building date(s): al-1 pre -'72 zoning? X or Building permit application- Nos. and dates 2815A83 C of 0? NO Case No(s). or dates all prior BOA applications: (083 -87) 6/29/87 State fully all zoning relief sought together with all respective Code sections and subsections, specifically, what you propose compared with present and what grounds you urge, for BOA to make each finding per Section 139 -32A if Variance, -30A if Special Permit, -33A if to alter or extend non - conforming use, or to reverse Building Inspector byyAppeal per -31A & B: Applicant requests a Special Permit pursuant to 139 -33A for alteration of the existing barn, as shown nn the annexed plot plan and to use it in a substantially different manner. If Applicant's request is granted it will be allowed to convert the existing barn, which is within the sideline setback into a secondary dwelling, The distance between the structure and the sideline will not be-made more non-conforming. * NOTE: A resubdivision of Lot 6 is being prepareifor filing with Land Court, in accordance with Plan File 33 -B. Enclosures forming part of this Application: Supplement bo above Site /blot plan(s) with present /proposed structures Locus map Floor plans present /proposed Appeal:.record' Needed: areas frontage setbacks GCR% parking data______ Assessor's certified addressee list ,(4 sets): Ma,il.ing labels)12;�sets),,,` Fee check for $150.00 payable to Town of Nantucket {'.Cap" covenant I certify that the requested information submitted is substantially-complete and true' to a bestn kno edge-' ..under pains'and penalties-'.of perurg j Signature: Applicant Attorney /Agent ✓ (If not ow , show VS is for authority4 tb':apply. ), BOA Form 1 -87 No r ARPEICATION< NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") Owner's name(s): Artists Association of Nantucket Mailing address: P.O. Box 1104, Nantucket, MA .02554 Applicants name Artists Association of Nantucket Mailing address: c/0 Glidden & Moretti 37 Centre St. , Nantucket MA 02554 Location of lot(s): Assessor's map and parcel: S5-032.3 Street address 5 Pleasant Street * Registry LC PL, PL/h3�ESl / & /,PPJ// L//n/ 38506B Lot . rt,ion of AjQ4 -ref. 1379 Subdivision Gardner Lane Endorsed 2 / 8/ 82 ANR? No Date Lot(s) acquired: 9/ 27 87 Zoning district R -1 Number of dwelling units on lot(s): One Rental guest Looms none Commercial use on lot(s): None MCD? No Building date(s): al-1 pre -'72 zoning? X or Building permit application-Nos. and dates 2815A83 C of 0? No Case No(s). or dates all prior BOA applications: (083 -87) 6/29/87 State fully all zoning relief sought together with all respective Code sections and subsections, specifically, what you propose compared with present and what grounds you urge, for BOA to make each finding per Section 139 -32A if Variance, -30A if Special Permit, -33A if to alter or extend non - conforming use, or to reverse Building Inspector byyAppeal per -31A & B: Applicant requests a Special Permit pursuant to 139 -33A for alteration of the existing barn, as Shown on the annexed plot plan and to use it in a substantially different manner. If Applicant' ___ st is eranted it will be allowed to convert the existing barn, which is within the sideline setback. into a secondary dwelling The distance between the structure and the sideline will not be made more no - of rmin . * NOTE: A resubdivision of Lot 6 is being prepared for filing with Land Court, in accordance with Plan File 33 -B. Enclosures forming part of this Application: Supplement bo above Site /blot plan(s) with present /proposed structures Locus map Floor plans present /proposed Appeal:.record' Needed: areas Frontage setbacks GCR% parking dnta�_ Assessor's certified addressee list .0 sets.): mailing' 1a'belsik., Fee check for $150.00 payable to Town of Nantucket V.Cap" covenant I certify that the requested information submitted is substantially-complete and true' to a bes kno edge•; ..under pains ; and penaltie's'.of per jurP /. t �1! Signature: Applicant Attorney /Agent ✓ (If not ow , show Vsis for authority] tb ^appjy:: ),-