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HomeMy WebLinkAbout044-90Form 3 -89 TOWN OF NANTUCKET ©1 ' -' "C BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 O,tc �L a-, 19 90 To: Parties in interest and others concerned with the decision of the Board of Appeals in Application No. 044 -90 - I zrTVRI Enclosed is the decision of the Board of Appeals which has this day been filed with the Nantuc }:et 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. Linda F. Williams, Chairman cc: Town Clerk Planning Board Building Commissioner i, 0 BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: At a public hearing of the BOARD OF APPEALS on Friday, July 13, 1990 at 1:00 p.m. at the Town and County Building, Nantucket, on the application (044 -90) of FRANCES G. MASSEY with an address of 80 Salisbury Street, Apartment 801, Worcester, Massachusetts 06109. 1. Applicant seeks a Special Permit under the Zoning Code Section 139 -33A to alter a pre- existing, non - conforming residential dwelling by enclosing an 11' x 1513" unenclosed porch, the northwest corner of which extends into the required 10 -foot front yard setback. The space created by this enclosure is to be used as a dining room. 2. Applicant sought and was granted this identical relief from the Board of Appeals on August 26, 1988 (082 -88). However, due to a serious illness on Applicant's part, no work under the Special Permit was commenced within one (1) year of its issuance and the Special Permit expired. 3. The premises are located on the corner of James Street and Walsh Street with a street address of 53 Walsh Street, Nantucket, Assessor's Map 29, Parcel 60 in the Zoning District RESIDENTIAL -1. The Building Inspector has made the determination that the dwelling fronts on James Street. 3. Our findings are based on the application papers, a recorded plan dated April 14, 1970, showing the corner of the existing porch within the front yard setback off James Street, plans for the enclosure which have been approved by the Historic District Commission and testimony and representations received at our hearing. The proposed enclosure complies with allowable ground cover and will be no closer to the front yard lot line than the existing corner of the porch. Therefore, the proposed alteration will not make the existing non - conformity with respect to the 10 foot front yard setback more non - conforming 4. The 1970 plan establishes that the original structure on the site pre -dates zoning with the northwest corner of the existing unenclosed porch sitting 6.5 feet off the front yard lot line. The applicant has therefore established that the structure is grandfathered and thus may be altered by Special Permit under Section 139 -33A of the Zoning By -Law. 5. We heard no opposition and see no detriment to the neighborhood in applicant's proposed alteration. Having made the finding necessary for a Section 139 -33A Special Permit and given that the alteration will not make the structure more non - conforming, we find that the Special Permit relief sought is in harmony with the general purpose and intent of the Zoning By -Law. 6. Accordingly, this Board by UNANIMOUS vote grants to the applicant the Special Permit under Section 139 -33A to alter the existing structure by enclosing the existing unenclosed porch in substantial conformity with the plan submitted to the Board. Dated C UR)" 'x , 1990 Lin a Williams ! � �' -fir✓ ' / �- J'a`i William Sherman Robert Leichter c. . A., . W Mark Be le .a Ann Balas rch #4 /decision TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, JULY 13, 1990 at 1:00 P.M. in the Town and County Building, Federal nad Broad Streets, Nantucket, on the Application of FRANCES G. MASSEY (044 -90) seeking a SPECIAL PERMIT pursuant to SECTION 139 -33A to alter her, existing single - family dwelling by enclosing a porch, the northwest corner of which intrudes 3.5 feet into the required 10 -foot front -yard setback from James Street (but in said to have "grandfathered" status by pre- dating 1972 zoning). When enclosed, the porch is to be used as the dwelling's dining room. The premises are located at 53 WALSH STREET, Assessor's Parcel 29 -060, Page 51 of Plan Book 17, and are zoned RESIDENTIAL -1. )J-f R GZ William R. Sherman, Chairman BOARD OF APPEALS BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 APPLICATION FOR RELIEF Owner's name (s) • Frances G. Massey 6/21/90 Date CASE No . Oq -91 Mailing address: Apartment 801, 80 Salisbury Street, Worcester, MA 01609 Applicant's name: Same Mailing address: Same Location of lot: Assessor's map and parcel number 29 --60 Street address: 53 Walsh Street Registry MWR&X= Plan, Plan Bk & Pg 17/51 Lot 4 Date lot acquired: L/_L/ 79 Deed Ref 169, 146 Uses on lot - commercial: None x or Zonipg district R -1 MCD? n/a - number of: dwellings 1 duplex apartments rental rooms Building date(s): all pre -8/72? or C of 0? No. 221- Dated: 3/8/73 Building Permit appl In. Nos. No, 886 -78 Dated: 8/24/78 Case Nos. all BOA applications, lawsuits: 082 -88 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 l. Please see Addendum attached hereto 0 Items enclosed as part of this Application: orderl addendum2X Locus map X Site plan x showing present X +planned X "structures Floor plans present proposed elevations (11DC approved ?_) Listings lot area frontage setbacks GCR parking data Assessor - certified addressee Fist 4 sets mall ni g labels 2 sets_ 200 fee payable to Town of Nantucket x proof 'cap' covenant (If an appeal, ask Town Clerk to send Bldg Comris 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 -jury. SIGNATURE: Applicant Attorney /agent Rach 1 C. Hobart 3(I f not o`ner or owner's attorney, egclon roof bf jauthority) L,< A 14111 :1)�'l PI ADDENDUM The existing residence on the site is a validly grandfathered, non - conforming structure with respect to the front yard setback along the James Street side of the house. The northwest corner of the existing unenclosed porch sits within the ten (10) foot front yard setback. A 1970 plan, attached as Exhibit A, establishes the porch in its current location. Applicant seeks a Special Permit pursuant to Section 139 -33A to enclose the porch. Once enclosed, this area will serve as the dining room for the house. A plot plan showing the more exact location of the porch to be enclosed is attached as Exhibit B.