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Home My WebLink About002-91oc5 - '� -lI TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: February 8 , 19 91 To: Parties in Interest and.Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 002 -91 Owner /Applicant: Paul B. Merrithew Enclosed is the Decision of the 30ARD OF APPEALS j,hich has this day been filed in the office of the Nantucket Town Clerk. An Appeal from this Decision may he taken pursuant to S a C,1C1 % Cf C_ ^a;tar 0_v-A _ , Ma SS a , :S2ii S G eneral Laws -y ac on -p ea 11 t ie 7-ec1 on Tt sC; ze z)L� %v COQ an ` - - _ t •i ?'z� in i;l� -'1 :t_ �'�} �3ti'S after t :iS "ay s data. Notice off the act lCn S•:itn a cCpV f the co::pl.._ n cer -ified cC':y C ecisiCn 7.0 SL be -iven 3-C +t -,_ ,,,r, n C_erk s0 -as o .:e rcCci', 3 _i._1 ? _- - •"� U) vcy'S. cc: Town Clerk Planning Board Building Commissioner DECISION: TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, JANUARY 18, 1991 at 1:00 P.M. in the Town and County Building, Federal and Broad Streets, Nantucket, the Board made the following Decision upon the Application of PAUL B. MERRITHEW (002 -91): 1. This is an Application for a SPECIAL PERMIT under SECTION 139 -33A of the Zoning By -Law, to permit alteration of a pre- existing, non - conforming structure presently used as a church's meeting hall. If relief is granted, Applicant would be permitted to convert the structure to a single- family dwelling, secondary to the principal dwelling that is located upon the subject premises (the "Locus "), which are located at 4 GARDNER STREET, as shown upon a Plan recorded in the Nantucket Registry of Deeds in Plan Book 25, Page 58 (and is approximately, though inaccurately, shown as Assessor's Parcel 42.3.3 -55), and are zoned RESIDENTIAL -1. 2. Based upon the representations, testimony and supporting materials received at the hearing, the Board finds that the subject structure pre -dates the 1972 adoption of the Nantucket Zoning By -Law and is non - conforming with respect to current requirements as to side yard setback, having 2.90 feet where 5 feet are required, and front yard setback, having 7.5 + feet where 10 feet are required. The current use of the structure,for religious purposes by the Christiz�n Science Society of Nantucket! was represented to have been continuoi.s since a time prior to the adoption of 1972 zoning. Owing to the structures pre- existing status, it is exempt from the zoning requirements as to use under Massachusetts General Laws, Ch. 40A, Section 3, and under Zoning By -Law Section 139 -5.B and alterations can be made with relief by grant of a Special Permit under Section 139 -33A. 3. The Applicant proposes to convert this structure for use as a secondary dwelling without changing the footprint, exterior dimensions or front facade (i.e, facing Gardner Street). The Board is informed, however, that there are minor changes proposed in other facades, involving doors and fenestration. Based upon the plan (Exhibit "A ") on file, the separation requirement of 12 feet between dwellings under Section 139- 7A(2)(b) is met, and the 2 required parking spaces, one for each dwelling unit, are provided. As to the setback non - conformities, the structure is entitled to remain notwithstanding these non - conformities under Section 139 -33A. However, Section 139- 7A(2)(d) requires that a secondary dwelling comply with all other applicable requirements of the By -Law and Special Permit relief is necessary in order for a pre- existing, non - conforming structure to be converted to use as a secondary dwelling. (002 -91) -2- 4. Though this Board has, in some instances, been reluctant to grant relief from this requirement, we are satisfied, in this case, that there are strong factors which support the grant of relief. A letter from the Historic District Commission dated December 19, 1990, had been received into the record, maintaining that the subject structure had a rich history of use and had been deemed a "significant contributing building" in the Historic District of Nantucket. The Administrator further added that site integrity was an important factor as related to the architectural significance and there was concern that if the building was required to be moved to comply with current setback requirements there would be a danger of structural damage. They asked for this Board's favorable consideration. There were three letters in support and the Planning Board's recommendation was favorable. The owner of the abutting property adjacent to the side yard with the non - conforming setback is the Nantucket Historical Association, whose property is improved with the "Hose Cart House ", historically used in fighting fires. Thus, no residential neighbors appear to be directly adversely affectedby this conversion in use. 5. The Board conditions the granting of relief in this case upon the requirement that no enlargement of the exterior dimensions of the subject structure, whether within or without the footprint as it is shown on Exhibit A, should be permitted without further grant of relief by the Board of Appeals. 6. For the reasons herein stated and subject to the condition stated above, this Board finds that the proposed change in the use of the structure to a single - family secondary dwelling will not be substantially more detrimental to the neighborhood than the present use as a church meeting hall. Accordingly, by a UNANIMOUS vote, we GRANT the requested relief by SPECIAL PERMIT under SECTION 139 -33A. DXt�edl;: February $ 1991 2�'i �j ZA6rt J. (Le'!chter4 Linda F. Williams / k 17 Dale W. Waine William R. Sherman L � � C. Marsh ll eale dl TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, JANUARY 18, 1991 at 1:00 P.M. in the Town and County Building, Federal and Broad Streets, Nantucket, on the Application of: PAUL B. MERRITHEW Board of Appeals File No.: 002 -91 Applicant seeks a SPECIAL PERMIT under SECTION 139 -33A to permit the conversion of an existing historic structure, now used as a church, to a secondary dwelling, notwithstanding the fact that the said structure is located 2.90 feet from a side boundary line; 5- foot setback is required. No change in the footprint or massing of structure is proposed. The premises are located at 4 GARDNER STREET, Assessor's Parcel 42.3.3 -55, Plan Book 25, Page 58, and are zoned RESIDENTIAL - OLD - HISTORIC. Robert J.'�L�ichter, Chairman loell,10'1,04,0 BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS Date TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 CASE NO - 7 OPI APPLICATION FOR RELIEF Paul B. Merrithew Owner s name (s) • . ration, c/o Reade & Alger Professional Corpo Mailing address: 6 Youna'Post Off; ce Box 2669 Nantucket Mast • 02584 Applicant's name: Same Mailing address: - Location of lot: Assessor's map and parcel number 42.3.3 -55 Street address: 4 Gardner Street Registry '''"'' "'" "' "'" Plan Bk & Pg elm "' n pe. 25 -58 Lot Date lot acquired: g // Deed Ref 21 84 220 -143 zoning district -R-0H Uses on lot - commercial: None X or MCD? No - number of: dwellings 1 duplex apartments rental rooms 72. Yes or C of O? all pre -8 Building date(s): / Building Permit appl'n. Nos. Case Nos. all BoA applications, lawsuits: None. State fully all zoning relief sought and respective Codetsectionst and subsections, specifically what you propose per Section and what grounds you urge for IIoA to make each finding p 139 -32A if Variance, 139 -30A if a Suseiallfea °1ealaper113933A if to alter or extend a nonconformiealed.). to attach addendum . g _ , attach decision or order app Applicant requests relief under Section 139 -33.A to permit the conversion of astanding existing historic .structure, now used as a church, to a second dwelling, 5 -foot setback the fF�-t that said structure is located 2.90 feet from a side boundary is required. No change in footprint or masssing of structure is proposed. Items enclosed as part of this App lication: orderl addendum2 resent +planned structures Locus maps Site planes showing present HDC a roved ?_) Floor plans present proposed elevations ( pP Listings lot area frontage setbacks GCRT_ parking data Assessor- certifieUaddressee ist 4 sets mailing apI labels covenant 200 fee payable to Town.of Nantucket X proof 'cap' (If an appeal, ask Town Clerk to send Bldg Comr=s record to BoA.) I certify that the information complete and true t penalties of p jury. SIGNATURE: Applicant Attorney /agent X e proof of authority) 31Tf not owner or owner's attorney, enclos