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Home My WebLink About067-90TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: November 9' , 1990 To: Parties in Interest and.Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: Owner /Applicant: 067 -90 EUGENE P. COLLATZ AND JUDITH A. COLLATZ Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Town Clerk. An Aooeal from this Decision may be taken Uursuant to Section 17 of Chanter 40A, I,iassachusetts General Lays. Any aCtlon appealing Li:e DeC�aion rnu — . r-e ;:rro'�'�n: us' filing an complaint in court within) TPEN'TY (�0) days after this day's date. Notice of the action with a copy of "he complaint and Certi� J ed copy of the Decision m: = :e given to the Town Clerk so as to be received within such T'i'iEN-1 (20) days. VLA Linda F. Willi amps, Chairman cc: Town Clerk Planning Board Building Commissioner TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Map 42.4.1 Parcel 27 Limited Commercial 12 Harbor View Way shown as Lot 5 (part) Plan Book 8, Page 13 At a Public Hearing of the Zoning Board of October 19, 1990, at 1:00 P.M. in the Town and Nantucket, on the Application of EUGENE P. COL .COLLATZ, Application 067 -90, address c/o Reade 2669, Nantucket, MA 02584, the Zoning Board of following Decision: Appeals held County Building, LATZ AND JUDITH A. and Alger, Box Appeals made the 1. Applicants seek a SPECIAL PERMIT under SECTION 139 -33A of the Zoning By -Law to alter their garage within its present foot- print, by increasing its height and placing an apartment on the second floor. The garage is said to pre -exist the 1972 adoption of the Zoning By- Law and is located 1.3 feet from the rear lot line and 1.5 feet from the side lot line; the required setback in the district is five (5) feet. 2. The Board's decision is based upon the Application and papers and documents filed therewith, the evidence, oral and documentary, presented at the hearing, letters in support of the Application from abutters, and a favorable recommendation, from the Planning Board. 3. Applicants represent that the off- street parking requirements will be met. 4. Although one member of the Board expressed concern about the conversion of a non - conforming structure into a secondary dwelling unit, the Board finds that, particularly in light of support of the immediate neighbors and absence of any opposition, the Special Permit relief requested would be in harmony with the general purpose and intent of the By -Law and would not be substantially more detrimental to the neighbor- hood than the existing non - conforming use. 5. The Board, by UNANIMOUS vote, GRANTS the SPECIAL PERMIT relief to permit the alteration of the existing garage upon the locus subject to the following conditions: (a) the secondary dwelling shall not be rented separately from the main house; and (b) the alteration shall be constructed substantially in compliance with the plans presented to the Board, (067 -90) -2- annexed hereto as Exhibit "A ". Dated: November 9 ,1990 Linda F. Williams C Wj�.iam _R. j erman Vbert J eichter / I j / / ),n I AA, 0 Dale W. Waine c--A C, C. Marshall Beale �'� � .g,� NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, OCTOBER 19, 1990, at 1:00 P.M. in the TOWN and COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of EUGENE P. COLLATZ and JUDITH A. COLLATZ, ( av _7 -90), seeking a special permit under Section 139 -33.A to alter their garage within its present footprint, by increasing its height and placing an apartment on the second floor. The garage pre- exists the 1972 adoption of the zoning by -law, and is located 1.3 feet from the rear lot line and 1.5 feet from the side lot line; required setback is five feet. The premises are located as 12 Harbor View Way (Assessor's Parcel 42.4.1 -27), Lot 5 (part), Plan Book 8 Page 13, and are zoned Limited Commercial. 1 inda F. Williams, Chairman BOARD OF APPEALS kah #28 /COLLATZ IIoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS �D- TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 CASE NO /LI APPLICATION FORS F Owner's name(s): Eugene P. Collatz and Judith A. Collatz Mailing address: c/o Reade & Al er P.C. 6 Youn 's Wa P.O. Box 2669 Nantucket, Applicant's name: Eugene P. Collatz and Judith A. Collatz address c/o Reade & Al er P.C., 6 Youn 's Wa , P.O. Box 2669, Nant —l- Ma i l ing 42.4.1- 27 Location of lot: Assessor's map and parcel number Street address: 12 Harbor view way 8 -1 —_3 Lot 5 t) Registry I- ' t nian, Plan Bk & Pg Date lot acquired: �5 Deed Ref 232 -183 Zoning district L -C MCD ?_ Uses on lot - commercial: None X or number of: dwellings 1 duplex_, apartments_ rental rooms___ C of 0 ? Building date(s): all pre -8/72. Yes or ___- Building Permit appl'n. Nos. None Case Nos. all BOA applications, lawsuits: None State fully all zoning relief sought and respective Code sections you propose compared to present and subsections, specifically what y per Section and what grounds you urge for IIoA to make Special (and 139 -33A 139 -32A if Variance, 139 -30A X if a Sp appeal per 139 -3�A X if to alter or extend a nonconforming use). If app _ attach decision or order appealed. OK to attach addendum . & B , Applicants request a special permit under Sect. 139 -33.A to permit them to alter their garage within lacedts present footprint byTincreasing its which epret, with an apartment to be p law, is located �_ feet from exists the 1972 adoption of the zoning by- the rear lot line and 1.5 feet from side lot line, required setback is cover is 31.4% and will not be increased by the five feet. Existing ground proposed alteration. Application: orderl addendum2 Items enclosed as part of this APP resent X +planned structures Locus map X Site plan X showing p HDC a roved ?X ) Floor plans present proposed_ __ elevations X ( parking data Listings lot area frontage setbacks_ GCR �_ labelsg2 sets X Assessor - certified addressee i'ist 4 sets X maling covenant_ $200 fee payable to Town of Nantucket X proof 'cap' 1(If an appeal, ask Town Clerk to send Bldg Comr s record to BoA.) I certify that the requested information submittedeistsubstanially complete and tru to the best of my penalties of pe r . X Applicant Attorneys SIGNATURE: 3(If not owner or owner's attorney, enclose proof of authority) FOR Bo OFFICE USE //yy, -7� Application copies ree d: 4_ or for IIoA y one copy filed with Town Clerk on/�� b- -i, each to Plannin Bd and Building Dept One copy g P� by� $200 fee check given Town Treasurer o� Hearing tice poste do/ gwmaile*V I & --/ no ( s ) one _/ cont' d to_/�_ l/by complete? LbyWaived? �e —IelL � withdrawn?_/_ Hearing — Decision due by_—_ made_/— _ filed TC_/_/— mailed —/_ See related cases lawsuits other r %x ,