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Home My WebLink About019-96 0 - Co „,NTUc„ TOWN OF NANTUCKET hi �;- • BOARD OF APPEALS q9/40.0.9- NANTUCKET, MASSACHUSETTS 02554 Date: April S, 1996 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. : 019-96 Owner/Applicant: LOUISE E. BATES, FOR HERSELF AS OWNER, AND PHYLLIS RAPPAPORT, CONTRACT PURCHASER 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 . )111" Of 10116A41 - 411, _ Linda F. William . Chairman (Acting) cc : Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMJT 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 . oEotrrucke TOWN OF NANTUCKET ki y iY1' - BOARD OF APPEALS yc0 4ft NANTUCKET, MASSACHUSETTS 02554 Assessor ' s Map 49 72 Baxter Road, Siasconset Parcel 94 Book 411 , Page 52 Residential-2 Plan File 43-D At a Public Hearing of the Nantucket Zoning Board of Appeals , held at 1 : 00 P.M. on Friday, March 29, 1996 , in the Selectmen ' s Meeting Room, in the Town and County Building, Broad Street , Nantucket, Massachusetts, on the Application of LOUISE E . BATES, FOR HERSELF AS OWNER, of 500 Beach Road, Apt. 307 , Vero Beach, FL 32963 , and PHYLLIS RAPPAPORT, CONTRACT PURCHASER, c/o Theodore L. Tillotson, P.C. , P.O. Box 1530, Nantucket, MA 02554-1530, Board of Appeals File No. 019-96 , the Board made the following Decision: 1 . Applicant (Rappapport) is seeking a MODIFICATION of a SPECIAL PERMIT granted in Board of Appeals Decision File No . 086-93 that allowed the alteration of the principal dwelling unit and demolition and reconstruction of a garage structure, then encroaching on the rear and side yard setback area of five ( 5) feet , outside of the required setback area . Applicant proposes to change the use of the garage structure to use as a studio with a bathroom. There will be no change in ground cover . The Locus is non-conforming as to lot size, having 7 , 623+ square feet of lot area in a district that requires a minimum lot area of 20, 000 square feet; as to ground cover, having a ground cover ratio of 22 . 9+/ in a district that allows a maximum ground cover ratio of 12 . 5%; and as to side and front yard setbacks , with the principal dwelling being sited 3 . 7+ feet at its closest point from the northerly side yard lot line , 5 . 9+ feet at its closest point from the southerly side yard lot line, and 14 . 8+ feet from the front yard lot line, in a district that requires a ten-foot side and rear yard setback and a thirty-foot front yard setback. The premises is located at 72 BAXTER ROAD, SIASCONSET, Assessor ' s Map 49, Parcel 44 , and shown in Plan File 43-D. The property is zoned Residential-2 . 2 . The Decision is based upon the Application and materials submitted with it, and the testimony and evidence submitted at the hearing. The Planning Board made no recommendation. 3 . In Board of Appeals Decision File No . 086-93 , the Applicant (Bates) was allowed to demolish an existing garage structure that encroached upon the rear and side yard setback areas . A new garage structure was then constructed meeting all of the setback requirements . Applicant (Rappaport) now proposes to eliminate the garage use of the structure and use it as a studio with a bathroom that will not contain a kitchen or be used for human habitation. There is no exterior enlargement of the footprint planned. 4 . Accordingly, the Board finds that the proposed alteration as requested would not intensify the non-conforming nature of the Locus . We further find that the modification of the prior Special Permit to allow the use of the garage structure to be converted to use as a studio with bathroom, would not be substantially more detrimental to the neighborhood than the existing use . 5 . Therefore, by a unanimous vote, the Board GRANTS the requested MODIFICATION of Board of Appeals Decision File No. 086-93 , to allow the change of use of an existing structure from use as a garage to use as a studio with bathroom upon the following conditions : a . There shall be no enlargement of the footprint of the existing garage structure; b. The studio shall not be used for human habitation ( i .e . , as a dwelling unit) ; and c. There shall be no separate rental of the studio apart from the principal dwelling unit . Dated : April 5 , 1996 < 4/1/t / If or . . F . William C� . 0 A, , W. Waine 6//7 15ttei7Y RECEIVED Ann G. Balas TOWN CLERK'S OFFICE NANTUCKET MA 02554 APR 05 1996 \—'rill • ` Aa`_cy Se 'refl. TIME: `/�r CLERK:_--- — — `� F William P . Hourihan, Jr . o��'pTUck.. TOWN OF NANTUCKET _ rM • BOARD OF APPEALS • 0400RATE9' NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1 :00 P.M. , FRIDAY, MARCH 29, 1996, in the Selectmen' s Meeting Room, Town and County Building, Broad Street , Nantucket, Massachusetts , on the Application of the following: LOUISE E. BATES, FOR HERSELF AS OWNER AND FOR PHYLLIS RAPPAPORT, CONTRACT PURCHASER BOARD OF APPEALS FILE NO. 019-96 Applicants are seeking a MODIFICATION of a SPECIAL PERMIT granted in Board of Appeals Decision File No. 086-93 that allowed the alteration of the principal dwelling unit and demolition and reconstruction of a garage structure, then encroaching on the rear and side yard setback area of five ( 5) feet, outside of the required setback area . Applicant (Rappaport) proposes to change the use of the garage structure to use as a studio with a bathroom. There will be no change in ground cover. The Locus is non-conforming as to lot size, having 7, 623+ square feet of lot area in a district that requires a minimum lot area of 20, 000 square feet; as to ground cover, having a ground cover ratio of 22 . 9+% in a district that allows a maximum ground cover ratio of 12 . 5%; and as to side and front yard setbacks , with the principal dwelling being sited 3 . 7+ feet at its closest point from the northerly side yard lot line , 5 . 9+ feet at its closest point from the southerly side yard lot line, and 14 . 8+ feet from the front yard lot line, in a district that requires a ten-foot side and rear yard setback and a thirty-foot front yard setback . The premises is located at 72 BAXTER ROAD, SIASCONSET, Assessor ' s Map 49, Parcel 44, and shown in Plan File 43-D. The property is zoned Residential-2 . 7/14 ;ifActe0 r Michael J . O 'Ma a Chairman THIS NOTICE iS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. 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