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Home My WebLink About066-95 •,v,HTUCkFd, TOWN OF NANTUCKET �9 ( (� - 41 t N' • BOARD OF APPEALS o.,TR„T,V NANTUCKET, MASSACHUSETTS 02554 Date : November 30 , 1995 To : Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No . : 066-95 Owner/Applicant : ROBERT B. FLINN AND SARAH M. FLINN, OWNERS AND CHARLES S. CRUICE AND KATHRYN W. CRUICE, CONTRACT PURCHASERS 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, Michae . O 'Mara Chairman cc : Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING- TO NANTUCKET ZONING BY-LAW §139-30I (SPECIAL PERMITS) ; §139-32I (VARIANCES) ANY QUESTIONS , PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS . NANTUCKET ZONING BOARD OF APPEALS South Beach Street Nantucket, Massachusetts 02554 Assessor' s Map 73 . 3 . 1, Land Court Plan 17788-B, Lot 1 Parcels 43 and 44 and adjacent unregistered land Certificate of Title No. 10247; 5 Morey Lane, Siasconset Deed in Book 177, Page 198 Residential-2 DECISION: 1 . At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, November 3 , 1995, at 1 : 00 P.M. , in the Selectmen' s Meeting Room, in the Town and County Building, Broad Street, Nantucket, Massachusetts, the Board made the following decision on the application of ROBERT B . FLINN and SARAH M. FLINN, Owners, and CHARLES S . CRUICE and KATHRYN W. CRUICE (Contract Purchasers) , c/o Reade & Alger Professional Corporation, Post Office Box 2669, Nantucket, Massachusetts 02584 , File No. 066-95 : 2 . The applicants are requesting a FINDING pursuant tc M.G.L. , c . 40A, §6, and Nantucket Zoning By-law §139-33 .A(4) (a) , or in the alternative a SPECIAL PERMIT under Nantucket Zoning By- law §139-33 .A (alteration or extension of a pre-existinc nonconforming structure or use) . The applicants propose to change the use of a garage structure, said to be pre-existing and. nonconforming, to a studio, not to be used for human habitation. The existing structures, consisting of a single-family dwelling and a garage, are nonconforming as to side and rear yard setback requirements, with the dwelling being sited 5 . 1± feet from the southerly side yard lot line and the garage being sited 6 . 2± feet from the rear yard lot line at their closest points, in a district that requires a minimum side and rear setback of ten (10) feet . The subject property is also nonconforming as to minimum lot area and frontage requirements, having an area of 9, 868± square feet and frontage of 62 . 1± feet along Morey Lane, in a district that requires minimum lot area of 20, 000 square feet and minimum frontage of 75 feet . In addition or in the alternative, the applicants are seeking a SPECIAL PERMIT under Nantucket Zoning By-law §139-16 . C, to reduce the side and rear yard setback requirement from ten (10) feet to five (5) feet in the R-2 district in which the subject property is located, to the extent necessary to validate the siting of the existing structures . The subject property (the "Locus" ) is situated at 5 1 MOREY LANE, SIASCONSET, Assessor' s Map 73 . 3 . 1, Parcels 43 and 44 , consisting of Lot 1 on Land Court Plan 17788-B and a lot described in deed recorded with Nantucket Deeds in Book 177, Page 198 . The Locus is zoned RESIDENTIAL-2 . 3 . Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. There was no Planning Board recommendation. No support nor opposition was presented at the public hearing; one letter was received, expressing concern. 4 . The applicants presented evidence that, and we find, that the structures upon the Locus, as shown upon the plot plan by Charles W. Hart & Associates, Inc . , dated October 3 , 1995, a reduced copy of which is attached hereto as Exhibit A, have existed in their present location since a time prior to the present dimensional zoning requirements with which they are nonconforming. The contract purchasers inform us that they wish to convert a portion of the existing garage structure for use as a home office or studio, with a bathroom, for their personal use; no clients or members of the public would be seen at this location, nor would it be used as a dwelling nor as a dwelling unit, nor otherwise for human habitation. There would be no change to the footprint or massing of the existing garage structure; changes to the exterior of the building would be limited to replacement of doors and windows and other cosmetic changes . 5 . Since the garage structure is not in conformity with the required rear yard setback of ten (10) feet, any change in its use requires zoning relief . The applicants have suggested two alternative forms of relief which could be granted. The Board could make a finding that the alteration of the garage structure to contain an office/studio with bathroom, as ancillary to the use of the principal structure upon the Premises as a dwelling, would not be substantially more detrimental to the neighborhood than the existing nonconformities which would be altered. The other option would be the issuance of a special permit under §139-16 . C (1) , which expressly permits the Board of Appeals to issue a special permit reducing the required side or rear yard setback from ten to five feet in the Residential-2 zoning district . After consideration, the Board decided to grant the relief by special permit under §139-16 .C (1) , subject to the imposition of certain conditions 2 6 . The Board of Appeals found that the issuance of a special permit under §139-16 . C (1) would be in harmony with the general purpose and intent of the By-law. Accordingly, it voted UNANIMOUSLY to issue relief by SPECIAL PERMIT, reducing the required rear yard setback from ten (10) feet to five (5) feet, as it is empowered to do in the Residential-2 zoning district, to the extent necessary to validate the siting of the existinc structure and allow for its conversion for a permitted ancillary use to the principal use of the Locus for a dwelling, subject to the following conditions : (a) There shall be no kitchen within the home office/studio to be placed within the present garage structure; (b) The garage structure, as altered as proposed, shall not be used for human habitation; and (c) There shall be no further exterior construction within any portion of the Locus lying within the ten (10) foot. side or rear yard setback area from any property line, without the issuance of further relief by the Board of Appeals in a proceeding duly brought . Dated: November 50, 1995 C Mic .O'Mara ` .--}"P&_1-- --- 6(1 qii-Cfl -1/- 4' _ Lind,f F. Kilns.Kilns. .M' • a-lAngelastro William P. Hourihan, Jr. \ ) a■iLLA V - _ _Q-Lkir-z_. K.,: --. Nancy J. Sevrens f:\wp\cruice\boa5mor.dec RECEWED TOWN CLERK'S OFFICE NANTUrvr.;- r-a_ —,r're ,/,. NOV 3 0 1995 3 EXHIBIT A ZONING CtASSIFTTlCA'FION". 'R-2 EXISTING: MIN. AREA <O00 5F X868 ter. MIN. FRO(rACcE: . . . :7� t . , . 5 • i N A/•FRONT YARD`S.B.: . ..3P.��' . . „ REAR & SIDE S,B.: . . lo��' GROUND COVER (7.): . .1?',fir. 7', , /,� r 73 3. I 2, 1'2.1 4 4S.2 ro.,f o�K E(uNr/A.16- -0 N -r 4 AHD H. -,,,-.40, , 3 GAR.X.7 . .t:Al?s5f ■ i. `c co, _NG . N% ;t:0\ os kj \CY; \ r, \. 6 \ \ TVLy•B \ \ o7,-J . s ` \ ✓ ox/. 77N6- \ 5 AcN A/P by �2 KGB \ \\ �+ElU^ks \ A=IbrO,S� \ \ 7' „. 'S \ GONG. . . Li- Y N X \ 0'., �� Lo Or----- tFfik EH 1 V ,c. r.k, .3:,k.(-II, i i ‘r,:erlA-934:4Y)L ±':C.) 1---A I CERTIFY, AS OF • /1°.--3 -±?4-' , THAT THE BUILDINC(S) IS/ARE LOCATED ON THE BUILDING LOCATION PLAN GROUND AS SHOWS HEREON. OF LAND IN Keyo, 4)41-(6 a NANTUCKET MASS. PROFESSIONAL LAND SURVEYOR SCALE: 1`= „. :::)' DATE o&/ 3, /995 THIS PLOT PLAN WAS PREPARED FOR THE TOWN OF NANTUCKET BUILDING DEPARTMENT ONLY AND Owner: .�A�{ a1 T 3. �?INnJ SHOULD NOT BE CONSIDERED A PROPERTY UNE °iE .Z2 /77 / 9 , La/' SURVEY. THIS PLAN SHOULD NOT BE USED TO Deed. ...' ... 421.7 , , Plo�t L.G..1 7>Bg_P. ESTABLISH PROPERTY LINES, FENCES, HEDGES, OR bD ��i=r9e ANY ANCILLARY STRUCTURES ON THE PREMISES. Locus A'' ° Y -4 THE PROPERTY P RELY ON CURRENT PLANS OF RECORD. CHARLES W. HART & ASSOCIATES, Inc. THIS PLOT PLAN IS NOT A CERTIFICATION AS TO SANFORD BOAT BUILDING TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. 49 SPARKS AVENUE OWNERS OF' ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT ASSESSOR RECORDS. NANTUCKET, MASS. 02554 ASSESSOR MAP: 7 .3•( , PARCEL . l3, >;'1•1L NOT TO BE RECORDED. (508) 228-8910 H-4883 4\108S\C H\ell