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HomeMy WebLinkAbout002-94TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: January 14 f 19 94 To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the fol3.owing: Application No.: 002_A4 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 thc- Decision must be-given to the Town Clerk so as to be received within such TWENTY (20) days. Dale W. Waine Chairman cc: Town Clerk Planning Board Building Commissioner Zoning Board of Appeals 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 7, 1994, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: DONALD S. MCCREARY AND JANET P. MCCREARY Board of Appeals File No. 002 -94 Applicants seek relief by VARIANCE from the requirements of Nantucket Zoning By -Law §139- 7A.2(b) in order to construct a secondary dwelling unit in an existing garage. Applicants propose to add an apartment over a garage that is currently connected by a "breezeway" and is 10.25± feet at its closest point from the principal dwelling unit, and 13± feet at its farthest point. A minimum of a 12 (twelve) foot scalar separation is required between a principal and a secondary dwelling unit. The premises are located at 32 CHUCK HOLLOW ROAD, Assessor's map 75, parcels 68 and 69, as shown in Land Court Plan 5004 -27, lots 634 and 636. The property is zoned LIMITED USE GENERAL -3. W � v Dale W. Wai e, Chairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE CALL (508) 228 -7215. i ICI BoA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING. Date NANTUCKET, MA 02554 CASE No APPLICATION FOR RELIEF Owner's name(s): Donald S. McCreary and Janet P. McCreary Mailing address: Box 361,-Siasconspt. MA 02964 Applicant's name: Donald S. McCreary and Janet P. McCreary Mailing address: Box 361, Siasconset,_MA 02564 Location, of lot: Assessor's map and parcel number 75 68 & 6,2 Streeti6ddress: 32 Chuck Hollow Road Registr Land Ct Plan, Plan Bk & P4, or Plan File 5004 -27 Lot 634 & 636 DateAo acquired: 21/2�j72 Deed Ref 64j_3 _ Zoning district -LIG 3 Uses.on ilot - commercial: None X or MCD? 7-- number of: dwellings 1 duplex apartments— rental Buildinq date(s,): all pre-8/727 or 7/92 C ,Building Permit , appl1n. Nos., I{ i Case Nos. all BoA applications, lawsuits:Noneii rooms of.:.O? 7/92 State frilly all I zoning relief sought and respective Code sections and gubsections, specifically what you propose compared to present and What grounds you urge for BoA to make each finding per Section 139-32AI X if Variance, 139-30A if a special Permit (and 139-33A if:t6 alter or extend a noncon oiming use)* If appeal'per 139-3JA K-B L r attach decision or order Appealed. t K to a tach addendum See Attach id statement Items enclosed as part of this Application: orderl addendUM2 ,Locus map_ site plan showing present '+pla-nn-e-U structures Floor plans present— proposed 'elevations (HDC a proved?_) Listings lot area frontage setbacks `0C�R-- ilparkyng data Assessor-certifieU—addressee Mist 4 sets —maj.1'ing:Aabels 24sets- 200 fee payable to Town of Nantucket proof 'cap' covenant (If an appeal, ask Town Clerk to sena BldgComFrs- record tojBoA.) q I certify that the requested information submitted is substantially complete and true to the best of my,knowledge, under the pains,and jury. I s 0-t p I penalties of p SIGNATURE: ;Applicant,. Attorney/agent x not 3(If not ner or o 2 attor-^-y, !!�12 15-2) �e proof of authority) Llz� r n�-�I�A Irm? P"zi rr er TTz 1. 32 Chuck Hollow Road Box 361 Siasconset, MA 02564 TO THE ZONING APPEALS BOARD: In order to obtain a building permit for a small apartment over our garage (to be used by a family member), we are requesting a variance under #139 -7A. We have been told that the definition of "breezeway" in #139 -2 would require a minimum distance of 12' from house to garage. Because the garage was built at an angle to the house, the distance in the completed breezeway is 1013" at the shortest side. However, because of the angle, the distance exceeds 12' from a point midway in the width of the breezeway and exceeds 13' at its widest (see drawing). Since the requested variance is minor, and the only alternative would be to tear down the existing breezeway and rebuild it at considerable additional expense, we hope that the Zoning Appeals Board will provide the relief requested. Donald S. McCreary P• qc Janet P. McCreary CW 17407"� ATTORNEY AT LAW 4 BARTLETT ROAD P.O. BOX 2567 NANTUCKET, MASSACHUSETTS 02584 FAX (508] 228 -7526 December 1, 1993 Ms. Rebecca J. Lohmann, Town Clerk Town and County Building Broad Street Nantucket, MA 02554 TELEPHONE (508] 228 -7525 RE: Application to the Board of Appeals Applicant:: Donald S. McCreary and Janet P. McCreary Property: 32 Chuck Hollow Road Dear Ms. Lohmann: Please certify the date and time of filing the attached Board of Appeals Application on the enclosed copy of this letter. Thank you for your assistance. Very truly yours, _4'. itz "ge 7eceivedand entered: Rebecca J. Lohmann, Town Clerk RECEWED TOWN CLERK'S OFFICE NANTUCKET, MA 02.5,54 EC U 1 1993 IME: II BOA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING. Date NANTUCKET,, MA 02554 CASE NO. APPLICATION FOR RELIEF Owner's name(s): Donald S. McCreary and Janet P. McCreary Mailing address: Box 361, S iasconset: MA 02564 Applicant's name: Donald S. McCreary and Janet P. McCreary Mailing address: Box 361, Siasconset, MA 02564 Location,of lot: Assessor's map and parcel number 75 68 & 6.9 Street:address: 32 Chuck Hollow Road Regist,.y Land Ct Plan, Plan Bk & P4 or Plan DateAO I acquired: 2_1/2�/72 Deed Ref 6412— File X004 -2.7 — Lot 634 & 636 ,Zoning district -LIG 3 uses!qrk�lot - commercial: None X 0 T- number of: dwellings 1 duplex apartments rental Building date(s,): all pre-8/72? _ for Build Case I H Permit appl1n. Nos. 7/92 C all BOA applications, lawsuits:None MCD7 rooms of-:. 0? 7/92 Statt I kLly all zoni I h relief sought and respective Code sections -- and subsections, spejYfically what you propose compared to present and Vhat grounds youjurge for BoA to make each finding per Section 139-32A X if Variance, f a Special Permit (and 139-33A ift r1ance, 139-30A alter or extend a nonco'n oiming use). If appeal'per 139-3 A attach decision or order, dppealed.- K to a tack addendum See Attachjed statement If '0 Items enclosed as part of this Application: order 1 addendum2 ,Locus map_ Site plan showing present �+pla-nn--e-d structures Floor plans present proposed 'elevations (HDC approved?_) Listings lot area frontage setbacks GifR— i1 parking data Assessor-certifieU—addressee T'ist 4 sets mailing labels 2'sets 200 fee payable to Town of Nantucket proof 'cap' covenant (If an appeal, ask Town Clerk to seni1—Bldg,,ComFF-s record to'BoA.) I certify that the requested information submitted is substantially complete and true to the best of myAnowledge underjthe pains,and penalties of p jury. SIGNATURE: Applicant,. Attorney/agent x 3(If not ner or owner's attorney, enclose proof of authority) 32 Chuck Hollow Road Box 361 Siasconset, MA 02564 TO THE ZONING APPEALS BOARD: In order to obtain a building permit for a small apartment over our garage (to be used by a family member), we are requesting a variance under #139 -7A. We have been told that the definition of "breezeway" in #139 -2 would require a minimum distance of 12' from house to garage. Because the garage was built at an angle to the house, the distance in the completed breezeway is 1013" at the shortest side. However, because of the angle, the distance exceeds 12' from a point midway in the width of the breezeway and exceeds 13' at its widest (see drawing). Since the requested variance is minor, and the only alternative would be to tear down the existing breezeway and rebuild it at considerable additional expense, we hope that the Zoning Appeals Board will provide the relief requested. Donald S. McCreary Janet P. McCreary