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Home My WebLink About074-916 1 0 7 41--- 4�511 ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 November 27, 1991 CERTIFICATE OF GRANTING OF FINDING (Massachusetts General Laws, Chapter 40A, Section 11) The BOARD OF APPEALS of the TOWN OF NANTUCKET, hereby certifies that a FINDING has been GRANTED To: (Owner /Applicant) EDWARD S. TOOLE and RACHEL C. HOBART Address: 5 South -Road, Siasconset; Mass. 02564 affecting the rights of the Owner /Applicant with respect to the land or building at: 5 South Road, Siasconset, Mass. Deed Reference: L. C. Cert. 14,324 And the BOARD OF APPEALS further certifies that the attached Decision is a true and correct copy of its Decision GRANTING the FINDING, VARIANCE and /or SPECIAL PERMIT and that copies of the Decision and of all plans referred to in the Decision have been filed with the Planning Board and the Town Clerk. The BOARD OF APPEALS calls to the attention of the Owner /Applicant that the General Laws, Chapter 40A, Section 11 (last paragraph) provides that no VARIANCE and /or SPECIAL PERMIT, or any EXTENSION, MODIFICATION or RENEWAL thereof, shall take effect until (a) a copy of the Decision is certified by the Town Clerk that TWENTY (20) days have elapsed after the Decision has been filed in the office of the Town Clerk and no appeal has been filed (or, if such an appeal has been filed, that it has been dismissed or denied) and (b) the certified copy is recorded in the Registry of Deeds for the County of Nantucket and indexed in the grantor index under the name of the Owner of Record or is - recorded and -noted on the Owner's Certificate of Title. The fee such record' Own r /Ang or registering shall be paid by the pplican . rt J� ichter, Chairman Ann Balas, Clerk r 5 South Road, Siasconset Land Court Plan 12461 Lot 3 Residential -2 Finding Decision 074 -91 DECISION: The Board of Appeals at a November 15, 1991 at 1:00 P.M. Building, Nantucket, made the application of Edward S. Toole Assessor's Map Parcel 43 Cert. of Title 73.4.1 14,324 Public Hearing held on Friday, held at the Town and County following finding on the and Rachel C. Hobart (074 -91): 1. The Applicants are seeking a finding that the use of the second floor of an existing garage is in conformity with the Zoning By -Law and meets all the requirements of an existing Special Permit and Minor Modifications /Clarification issued in Board of Appeals File No. 023 -90, as is required by Paragraph 2B of the Minor Modification /Clarification, to allow the second floor of the garage to be used as a dwelling unit for human habitation. 2. Our findings are based on the Application papers, a plot plan showing that the two structures are sited to meet the twelve (12) foot scalar separation required under Section 139- 7(2)of the Zoning By -Law of the Town Code with the closest distance between two points being fifteen (15) ± feet and testimonies and representations received at our hearing. 3. A letter of support was received from John Ferguson on behalf of his aunt, Helen Ferguson, the abutting neighbor on the easterly side of the lot. 4. Therefore, upon a motion duly made and seconded the board voted to find: a. that the use of the space on the second floor of the garage as a dwelling unit for human habitation is in conformity with the Nantucket Zoning Code; and b. that -the applicants - -have met the requirements of the previous BOA Decision 023 -90 by re- applying to the Board of Appeals so as to properly notice abutters regarding the use of the premises. Dated: November, 1991 !_WRI10- P-M W�if * * * Wi I1I ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 November 27, 1991 To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. 074 -91 Owner /Applicant: EDWARD S. TOOLE and RACHEL C. HOBART Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed i-n-the office cf —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 a certified copy of the Decision must be given to the Town C rk so as to be received within such TWENTY (2 da S. _ _ rt J.,-z,6,fchter, Chairman cc: Town Clerk Planning Board Building Commissioner ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 NOTICE A Public Hearing of the BOARD OF APPEALS will be held at 1:00 P.M., Friday, November 15, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: EDWARD S. TOOLE and RACHEL C. HOBART Board of Appeals` File No. 074 =91- Applicant is seeking a finding that use of the second floor of an existing garage is in conformity with the Zoning Bylaw and, if necessary, a modification of an existing Special Permit and Minor Modification /Clarification, issued in BOA File No. 023 -90, as required by paragraph 2(b) of the Minor Modification/ Clarification, to allow the second floor of the garage to be used as a dwelling unit for human habitation. The premises are located at 5 SOUTH ROAD, SIASCONSET, Assessor's Map 73.4.1, parcel 43, as shown on Land Court Plan 39680 -A, Lot 3. The property is zoned R -2. IA,•c `f— c Robert J. L hter, Chairman a Z / BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS / TOWN AND COUNTY BUILDING gFate NANTUCKET, MA 02554 CASE No - APPLICATION FOR RELIEF Owner's name(s): Edward S. Toole and Rachel C. Hobart Mailing address: Post Office Box 725, Siasconset. Massachusetts 02564 Applicant's name: Same Mailing address: Same Location of lot: Assessor's map and parcel number 73.4.1 43 Street address: 5 South Road, Siasconset, Massachusetts 02564 Rr*mtry Land Ct Plan, xR1arKxRkxAKx1RgxxxxRi)ft 2xF!Z& 39680 -A Lot 3 Certificate Date lot acquired: _L/_1_213 Qq xR9:f 1/324 Zonipg district R -2 Uses on lot - ae=wwc cxxNvmxxxxxzr Residential MCD? number of: dwellings 1 duplex_ apartments_ rental rooms_ Building date(s): all pre -8/72? _ or C of O ?�_ Building Permit appl' n. Nos. 7066 -89 7414 -90 Case Nos. all BoA applications, 3M'* 023 -90 Decision and Clarification 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 -3JA & B _ , attach decision or order appealed. OK to attach addendum . �f r' Items enclosed as part of this Application: orderl addendum2 x Locus maps_ Site plan x showing present x +planned 'structures Floor plans present proposed_ elevations (HDC approved ?_) Listings lot area frontage setbacks GCR parking data Assessor - certified addressee Iist 4 sets x ma'ling labels 2 setsx 200 fee payable to Town of Nantucket proof 'cap' covenant (If an appeal, ask Town Clerk to send Bldg Comr 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 erjury. �y SIGNATURE: Applicant ).( Attorney /agent 3(If not owner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE Application copies ree d: 4— or— for BoA onAof� by LAX-) One copy filed with Town Clerk onZ0 by L complete ? / / 10-.6l%U� One copy each to Planning Bd and Building Deptlelj lby4 /� $200 fee check given Town Treasurer on-/-0/ ��by waived? V _ Hearing notice postedzo, (maile� ? I & mAM , Z(1-2 21 Hearing(s) on_/_/_ cont'd to_/_/_, _/_/_ withdrawn ?_ /_/_ Decision due by_/_/_ made _/___/_ filed TC_/_/_ mailed _/_ See related cases lawsuits other t4s d. Odd 0cf, lffl ADDENDUM The Applicants are seeking a modification of their special permit and subsequent clarification so as to allow the space on the second floor of the garage to be used as a dwelling unit for human habitation as the garage now meets the spacing requirements for secondary dwellings Zoning By -Law of the Town code. The property is located in the Residential -2 Zone. Previous special permit relief reduced the sideline setback on the westerly side of the lot from ten (10) feet to five (5) feet to enable construction of the existing, detatched two -story garage. Existing ground cover of the two structures is 1461+ square feet as shown on plan attached as Exhibit A. The dwelling has 1119± and the garage has 320± square feet which meets the twenty per cent (20 %) differential set forth in Section 139- 7.(2)(e). Further, the two structures are sited to meet the twelve (12) foot scalar separation required under Section 139- 7.(2)(b) with the closest distance between two points being 15± feet. At the time of Applicants' original request for a special permit, the Zoning By -Law allowed a secondary dwelling over a detatched garage if the garage was located at least twelve (12) feet behind the rear building line of the principal dwelling or twelve (12) feet in front of the front building line. Given the size of their lot, applicants could not meet that requirement. Given the revision in the 1991 By -Law, Applicants are able to meet all "secondary dwelling" requirements. Applicants feel that use of the garage as habitable space, which is allowable in their zone will not be substantially more detrimental to the neighborhood.