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Home My WebLink About010-93oio -4�3 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: February ' , 19 93 To: Parties in Interest and.Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 010 -93 Owner/Applicant: FRANCIS C. ROONEY AND FRANCES H. ROONEY 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. C Dale W. Waine Ch an cc: Town Clerk Planning Board Building Commissioner ZONING BOARD OF APPEALS 10 South Beach Street Nantucket, Massachusetts 02554 Map 43 22 Shimmo Pond Road Parcel 145 Certificate of Title 13918 Zoning District: LUG -1 Lot 79, Land Court Plan 11461 -K At a Public Hearing of the Zoning Board of Appeals held at 1:00 P.M., Friday, January 8, 1993, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the application of FRANCIS C. ROONEY, JR. and FRANCES H. ROONEY, c/o Reade & Alger Professional Corporation, 6 Young's Way, Post Office Box 2669, Nantucket, Massachusetts 02584, Board of Appeals File No. 010 -93, the Board made the following Decision: 1. Applicants are seeking relief by Variance under §139 -32A from the requirements of §139 -7A(2) & (3) (Secondary dwelling/ garage apartment requirements) and /or Special Permit relief under §139 -33A to allow the alteration and extension of a structure which is said to be nonconforming. The structures do not comply with the current requirements for secondary dwellings in that they are connected by an open breezeway, and the secondary dwelling does not comply with the requirement for garage apartments in that the living space is adjacent to, not over, the garage space. Applicants propose to construct a one story addition containing a kitchen, bathroom and two bedrooms at the rear of the garage /secondary dwelling. The premises are located at 22 SHIMMO POND ROAD, Assessor's Map 43, Parcel 145, as shown on Land Court Plan 11461 -K, Lot 79. The property is zoned Limited Use General -1. 2. The Decision is based upon the Application and materials submitted with it, and the testimony and evidence presented at the hearing. The Planning Board made no recommendation. There was no opposition to the Application. The Applicant presented evidence that the two dwellings connected by the breezeway had been in existence since a time prior to the inception of the zoning by -law. 3. We find that the proposed alterations will not intensify the nonconforming nature of the existing residential structures on the premises, nor add any new nonconformities, and by UNANIMOUS vote, we grant the SPECIAL PERMIT relief requested under §139 -33.A of the By -law on the condition that such alterations are made substantially in conformity with the plans approved under the Historic District Commission's Certificate of Appropriateness No. 23780 and as shown upon the plan attached hereto as Exhibit A. 4. In light of our findings herein, the Applicants requested that their request for Variance relief be withdrawn without prejudice; by UNANIMOUS vote, such withdrawal was granted. Date. ?eb(Uary 1993. Dal ffcY ne J /�� L'i F. Will i4bs Robert J. Le chter r� -1 it Ann;;'13adas i7 r Michael F. Angelast kah /12 /ROONEY ZONING BOARD OF APPEALS 3 South Beach Street Nantucket, Mass. 02554 NOTICE A Public Hearing of the ZONING BOARD OF APPEALS will be held at 1:00 P.M., Friday, January 8, 1993, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: FRANCIS C. ROONEY, JR. and FRANCES H. ROONEY Board of Appeals File No. 010 -93 Applicants are seeking relief by Variance under §139 -32A from the requirements of §139 -7A(2) & (3) (Secondary dwelling /garage apartment requirements) and /or relief under §139 -33A to allow the alteration and extension of a structure which is said to be nonconforming. The structures do not comply with the current requirements for secondary dwellings in that they are connected by an open breezeway, and the secondary dwelling does not comply with the requirement for garage apartments in that the living space is adjacent to, not over, the garage space. Applicants propose to construct a one story addition containing a kitchen, bathroom and two bedrooms at the rear of the garage /secondary dwelling. The premises are located at 22 SHIMMO POND ROAD, Assessor's Map 43 -0 -0, parcel 145, as shown on Land Court Plan 11461 -K, Lot 79. The property is zoned LUG -1. W-(J) Ck-�� Waine, Chairman ec �eL• t(o, l �cj� A-SSr . TL�Lcx'� C4- BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 CASE No.010 APPLICATION FOR RELIEF Owner's name(s): Francis C. Rooney, Jr. and Frances H. Rooney Mailing address: c/o Reade & Alger P.C., P.O. Box 2669, Nantucket,'MA 02584 - Applicant's name: same Mailing address: camp Location of lot: Assessor's map and parcel.t number 43• _ 145 Street address: 22 Shimmo Pond .Road ReqleUP5 Land Ct Plan, 11461 -K Lot 79 acquired: 6 28 88 Cert. 13918 q _/_/ � Zoning district LUG-1 Pate lot ac Uses on lot - commercial: None X or MCD? - number of: dwellings 2 .duplex_ apartments rental rooms_ Building date (s) : all pre -8/72? Yes or C of 0? Yes .Building Permit appl'n. Nos. 6376 -88 (major alterations) Case Nos. all BOA applications, lawsuits: State fully all .zoning relief sougght 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 X if Variance, 139 -30A a X if a Special Permit (and 139 -33A X if to alter or extend a noncoWnloming use). If appeal per 139 -3JA & B _ , attach decision or order appealed. OK to attach addendum . Applicants request a variance or special permit to alter and extend a secondary dwelling unit on their premises by adding living space and a kitchen. The addition will conform to all dimensional requirements of the zoning by -law, including those as to setbacks and ground cover, and the subject premises comply with lot area and frontage.requirments. The existing dwellings are nonconforming only in that they are connected by an open breezeway, and neither is a garage apartment as defined in the by -law. Items enclosed as part of this Application: orderl addendum2 Locus map x Site plan X showing present . +planne structures Floor plans present proposed elevations (HDU7a proved ?_) Listings lot area Frontage setbacks GCR parking data Assessor- certifieU addressee Iist 4 sets-= ma 'Jling labels 2 sets X 200 fee payable to.Town.of Nantucket proof 'cap' covenant (If an appeal, ask Town•Clerk to send Comr record to BoAT I certify that the requested informatioli submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of pe ry. SIGNATURE: Applicant_ Attorney /agent X 3(If not owner or owner's attorney, enclose proof of authority) FOR BOA OFFICE USE Application copies rec d: 4 --fllorr for BoA on_/ R Z by S One copy filed with Town Clerk on_LZ-JA�yZbyLA�. complete? C-- One copy each to Planning Bd and Building Depth &Iq ys"w $200 fee check given Town Treasurer onL_/by��waived? Hearing notice posted & / miiled / f1 I & M /3yk?, LZ 3tl Hearings) on_/_/_ cont'd to_/_/_, withdrawn ? --/—/_ Decision due by/_J_ made_/! filed TC_ —/ ' mailed _/_ See related cases lawsuits other