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Home My WebLink About021-90Form 3 -89 TOWN G. I,AN i u�-i.\)-�Ei O Q / - qd BOA.RL A1. ,PE-1 ALS NANTUCKET, MASSACHUSETTS 02554 May / , 1990 To: Parties in interest and others concerned with the decision of the Board of Appeals in Application 3 o. 021 -;u of: Paul Morrison and Robert Miklos in connection with the property owned by Priscilla Watts, June Johnsen and Glenn McGarvey, Executor of the Estate of Shirley McGarvey Enclosed is the decision of the -,-d o1: peals -. ch as 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 _.:Lion with a copy of the complaint and certified copy of the decision must be given to the Town Clerk so as to be r- -r,ived r.; 4-hin ± -wer4- (20) days. William 71. Cha 7 Y-man cc: Town Clerk Planning Board Building Commissioner q BOARD 1.7 _ .. LALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 Decision: At a public hearing of the BOARD OF APPEALS on Friday, May 4, 1990, at 1.00 P.M. at the To;. and Nantucket, on the Application (021 -90) of PAUL MORRISON AND ROBERT MIKLOS in connection with ^e nrcr =_tv owned by PF.TSCILLA F. WATTS, JUNE E. JOHNSEN AND GLElvw A. MCGARVEY, EXECUTOR OF THE ESTATE OF SHIRLEY MCGARVEY situated at 9 East Dover Street, Nantucket, Massachusetts, th- Nay ' ?r^ _ng Board -)f 7--n-Is made the following DECISION: 1. Applicant and Owners seek a Special Permit under the Zoning Code Section 139 -33A to alter a pre- existing, non- conforming two - family residential structure b1 construc__ng an addition to the side of the building to house a second means of access to the apartment on the second floor. The premises are located at 9 East Dover Street (Assessor's Map 55.4.1, Parcel 23) and shown in Plan Book 8, Page 12 at tre Nant• ',At Registry of Deeds, and lie in the - ,.,.Liing ___ _ric _ ____ _dei.L iai - Old Historic. 2. Our findings are based on .le application papers, a copy of the existing and proposed site and floor plans as submitted to the Board and labeled sheets Al, A2 and A3,along with testimony and representations made at the public hearings. 3. The improvements on the property have existed in their current configuration since prior to 1972. Information presented establishes that the house was divided into two apartments prior to 1972 (one on each flog) and was continuously utilized in than fa::__� ai__ _____il 1988. The Premises have been vacant since that date, but the Board finds that there was no intent to abandon this validly grandfathered pre - existing, non- cc.___ ,:ny use. The existing ground cover ratio for the structures on the property is 36.350. Permissible ground cover in this zone, given the lot size of 3659 square feet is 300. The 49 square foot addition proposed will increase the ground cover ratio to ?7.'9 %. 4. The addition is necessary to provide a secondary means of access and egress to the secoi_ floor in accordance with the current building code. Floor plans submitted show a circular stair within the aria c_" a. 5. Opposition from neighbors was voiced, but withdrawn upon review by the neighbors of +,F_ oper,_ plans. vivo: the desire to bring the structure into the current building code's requirement of secondary means of access and the small incremental increase in ground cover, we see no detriment to the m . r neighborhood in connection with the Applicant's proposed addition. We therefore find that pry:__; _ _ _ w a _ _ motion ,.vill not be substantially more detrimental to the neighborhood than the existing non - conformity and in harmony with the general purpose and intent of the Zoning By -Law. 6. Accordingly, this Bcard .ANI10liS vote C--,-ants to the Applicant the requested Special Permit under Section 139 -33A to construct the proposed addition with the plans submitted and described as Sheets Al, A2 and A3. DATED: May/?, 1990 art eicY;er �inda r�iam Ann Baltic David J Legge ..t i �t '/jf NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 March 15, 1990 NOTICE A public hearing of the Board of Appeals will be held on Friday, March 30, 1990, at 1:00 p.m. in the Town and County Building, Federal and Broad Streets, Nantucket, on the Application of: ROBERT MIKLOS and PAUL MORRISON, for themselves as buyers and for owners PRISCILLA F. WATTS, JUNE E. JOHNSON and GLENN A. McGARVEY (EXECUTOR) Board of Appeals File No. Oaf -90 seeking a Special Permit under Section 139 -33A to construct an enclosed stairway with 49 -SF added ground cover, to provic�a second means of egress for a two - family dwelling, nonconforming as to ground cover and said to pre -exist 1972 zoning. Allowable cover for the 3,659 -SF lot is said to be 1,098 SF, with existing cover of 1,330 SF to be increased to 1,379 SF. Two off - street parking spaces will be provided. The premises are at 9 East Dover Street, Assessor's Parcel 55.4.1 -023, Plan Book 8, Page 12, and zoned Residential -Old Historic. William R. Sherman, Chairman BoA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS -yam TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 CASE No 62 l - APPLICATION FOR RELIEF Owner's names): Pr1sclll JLAi1L .j, . JOCir1.DGri x �ieriYi Cu 1ve , :,._ecutor Mailing address: erzyuloru L.u., L u�,�1 :, ., 1�antucxet Applicant's name: Foul wur11SU111 - Aubert IqIKLUzD Mailing address: 7 i 7 onitin,; .,t., -,--) 1 1L111 - -I-, 11anuVer, J; Location of lot: Assessor's map and parcel number 5J•-eiz- Street address • 9 1;ds t liuv `L ' ' `tiarlt uc''e t , ",a Registry Land Ct Plan, Plan Bk & Pg or Plan File Lot, Date lot acquired: 4 90 Deed Ref L-L Zoning district Uses on lot - commercial: None . or .: iuilll Ly tiuuze - number of: dwellings'- duplex apartments-- rental Building date(s): all pre -8/72? or �t,t Building Permit appl'n. Nos. Case Nos. all BoA applications, lawsuits: MCD? rooms C of 0? State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose ccm-Dared 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 x if to alter or extend a nonconforming use). If appeal per 139 -3 A & B , , attach decision or order appealed. OK to attach addendum . heyuest a Special Permit to ir�creu�e t1i�� inns cuv r uyty .. . i :. order to provide a second L,&cund 1 Li,ur unit. Second floor unit presently nus uri_y u11e iiiec!4'i� in violation of State buiialri�- VOue 1,1-11C Lc bU'y �, tee att-cticCl 0 Items enclosed as part of this Application: orderl_. addendum2 Locus map___ Site planes showing present +planned X "structures Floor plans presenter proposed - elevations�c (HDC approved ?_) Listings lot area X' frontage�c setbacks GCR parking data c� Assessor- certifie addressee iisst 4 sets ma ling labels 2 sets'—',- 200 fee payable to Town of Nantucket proof 'cap' covenant (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 pe ju < SIGNATURE: Applicant .- Attorney /agent h 3(If not owner or owner's attorney, enclose proof of authority) T-4^r% n -*x 1TP•T Addendum 2 9 East Dover Nantucket, MA Application under special permit (139 -33A) to alter or extend a non - conforming use as to ground cover. All buildings on said property are pre - existing the 1972 zoning regulations. An addition 710" x 7 110" (49 square feet) is proposed in order to accomodate a second enclosed stair leading to the second floor dwelling unit. Currently there is only one stair providing egress to the second floor. This is a violation of state building code article 609, which statess that two means of egress are required. Recorded lot area 3,659 sq. ft. 30% coverage 1,098 sq. ft. (allowable for non - conforming lots) Actual existing coverage 1,330 sq. ft. (house and garage) Proposed coverage 1,379 sq. ft. (with stair addition) The new sideyard setback from the addition to the property line would be 13.5'. This would still allow for two independently accessed off - street parking spaces.