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Home My WebLink About079-91079_ 9/ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: January Z9 , 19 92 To: Parties in Interest and.Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: _ Application No.: 079 -91 Owner /Applicant: GARDINER AND CATHERINE DUTTON Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of 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 an 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. X'Z'�4 AP I Linda F. Williams, Chairman _ Acting cc: Town Clerk Planning Board Building Commissioner ZONING BOARD OF APPEALS South Beach Street Nantucket, Massachusetts 02554 Map 55.4.4 2 Prospect Street Parcel 3 Plan Book 21, Page 89 ROH At a public hearing of the'Board of Appeals held at 1:00 p.m., Friday, December 13, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts on the Application of Gardine.- and Catherine Dutton, Board of Appeals File No. 079 -91, -he Board made -she following DECISION: 1) Applicants are seeking relief by Variance under Section 139 -32A of the Zoning By -Law from the requirements of Section 139- 7A(2)(b) to allow conversion of a garage currently on the lot to a secondary dwelling. Relief is sought because the existing garage structure does not meet the minimum twelve (12) foot separation requirement for secondary dwellings. The garage is 11.7 + feet from the principal dwelling on the lot. The premises are located at 2 Prospect Street, Assessors Map 55.4.4, Parcel 3 as shown in Plan Book 21, Page 89. The property is zoned ROH. 2) The Board's decision is based upon the Application and materials submitted therewith, the testimony and evidence presented at the hearing and a favorable r-ecornmendat i on from the Planning Board. 3) At pre-ent, there is a principal residence and a small building to the rear of the lot which appiI cant would like �:.o convert into a second dwelling. Applicant's counsel repr- esented than t. ,is structure has not iheen used aS _, garage by tt-e present owner's during their Gwnel -Sh;p. -. ) r•� %�• 1 Ca li.. ;c__ rE= .e -I eU a�. RC:ar d i CY tale _ =C;i ld (Jwe 1 1 I n9 prov I deC two par SzpaCeS are pr ,)Vide!] on thl- iiD+. It was t -,,resented that these i.je ;?rr),. i, e`d at, ttll frGn' th, jn1 off Milk Stri?Et l C rc�d to cotl` i r;rOV O f�iG _ -� . _,'1(. �,.�. 1 `1 I I c c GC,tiC 0�. r '.7 _, ( �, r ? . E? . l i. rY; �-'_ . C, f _ E' (079 -91) -2- people who had historically rented the principal house (prior to applicant owning it). 7) The Board finds that because of the unique shape of this lot and the topography, this would be the only possible site for a second dwelling. Additionally, the Board finds that the proposed second dwelling being 11.7 feet instead of 12 feet is deminimus and will not be substantially more detrimental to the neighborhood. The situation was distinguishablefrom others requesting relief from the 12 -foot separation because of the access on Prospect Street, which provides emergency access to this corner lot. 8) The Board conditioned relief upon applicant cutting a portion cf the existing deck so that the deck will not overhang the structure, but will k-e on the same plane as the southerly face of the principal structure. and the removal of the existing shed sited on the NW corner. 9) By unanimous vote (Leichter, Williams, Balas, O'Mara and Waine), the Board granted the Variance Relief sought with the above stated conditions. Ann Bales M ; e O' M,.,ra Ga i e Wa i ne ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 NOTICE A Public Hearing of the BOARD OF APPEALS will 1:00 P.M., Friday, December 13, 1991, in the Town Building, Broad Street, Nantucket, Massachusetts, Application of: GARDINER and CATHERINE DUTTON Board of Appeals File No. 079!91 be held at and County on the Applicants are seeking relief by Variance under §139 -32A of the Zoning Bylaw from the requirements of §139- 7A(2)(b) to allow conversion of a garage currently on the lot to a secondary dwelling. Relief is requested because the structure would not meet the minimum twelve (12) foot separation requirement for secondary dwellings; the garage is 11.7± feet from the principal dwelling on the lot. The premises are located at 2 PROSPECT STREET, Assessor's Map 55.4.4, parcel 3, as shown in Plan Book 21, page 89. The property is zoned ROH. c Robert J. L is r, Chairman v �� BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 CASE No. z APPLICATION FOR RELIEF owner's name (s) Gardiner and Catherine Dutton -- Mailing address: 5615 Ecko Canyon Circle, Phoenix, Arizona 85018 Applicant' 's name: same as owners F Mailing address: same as above Location of lot: Assessor's map and parcel number 5544 -_03 Street address: 2 Prospect Street - Book 21 Registry Land Ct Plan, Plan Bk & Pg or Plan File Page 89 Lot Date lot acquired: 12 _/89 Deed Ref 336,131 Zoning district Rox f Uses on lot - commercial: None x or w 24CD ?_ - number of: dwellings 1 duplex apartments_ rental rooms_ Building date(s): all pre -8/72? or Building Permit appl' n. Nos. 3384 -84 Case Nos. all BoA applications, lawsuits: C of O ?X 27/91 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 nonconf n; orming use). If appeal per 139 -3)A & B _ , attach decision or order appealed. OK to attach addenduz. Applicant is seeking relief under Section 139 -33A and Section 139- 7A(2)(b) of the Zoning By -Law. Applicant is requesting a Special Permit or in the Alternative Variance Relief for his pre- existing, non - conforming lot. If relief is granted, applicant would be able to convert an existing garage /shop to a second dwelling, which has been approved by the Planning Board as has the off - street parking, with less than a twelve -foot separation between the main house and the secondary dwelling. Applicant will agree to have relief conditioned upon using the second dwelling as a year -round rental. Items enclosed as part of this Application: order l addendum2 Locus map X Site plan x showing present +planned structures Floor plans present proposed_ elevations (HDC approved ?_) Listings lot area frontage setbacks GCR parking data Assessor - certified addressee list 4 sets x ma}ling labels 2 sctsx 5200 fee payable to Town of Nantucket x proof3 'cap' covenant (If an appeal, ask Town Clerk to send Bldg Comr's record to BoA.j I certify that the r quested information submitted is substantially complete and true the best of my knowledge, under the pains and penalties of perj SIGNATURE Applicant Attorney /agent x Rhod Weinman 3(If not owner or owner's attorney, enclose proof of authority) FOR BS�A OFFICE USE 1�) Application copies rec d: 4_ or for BoA on�/ -� % p/ y -A One copy filed with Town Clerk or/VbY co..piete ?� one copy each to Planning Bd and Building Dept ( / by - $200 fee check given Town Treasurer on /� by //waived ?_ I &.ML -� 1, Hearing notice posted_/�/,� mailed�aqz � v� Hearing (s) one_/_ cone' d to_/_/_, �_/_ withdrawn ?__/_/_ Decision due bye`/_ made_/_ filed TC_/�_ mailed_/_ See related cases lawsuits other_.