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HomeMy WebLinkAbout38-18 3 Cash's Court Decision1� TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: October 30, 2018 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No.: 38-18 Owner/Applicant: ROLAND J. AUGUSTINE Property Description: 3 Cash's Court Map 42.3.2, Parcel 150 Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed with 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 a complaint in Nantucket Superior Court or Land 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. Eleanor W. Antonietti, Zoning Administrator cc: Town Clerk Planning Board Building Commissioner/Zoning Enforcement Officer PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY-LAW SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32 (VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT 508-325-7587. NANTUCKET BOARD OF APPEALS 2 FAIRGROUNDS ROAD NANTUCKET, MASSACHUSETTS 02554 Assessor's Map 42.3.2, Parcel 150 Book 1340, Page 280 3 Cash's Court Lot A Residential Old Historic (ROH) Plan File 54-G DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals (the "Board") on October 11, 2018, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the application of ROLAND J. AUGUSTINE, c/o Patricia A. Halsted, Attorney, Four North Water Street, Nantucket, Massachusetts 02554, in File No. 38-18. 2. The Applicant is requesting Special Permit relief pursuant to Nantucket Zoning By-law Section 139-33.A(1) in order to alter and extend a garage which is pre-existing non -conforming as to setbacks. Applicant proposes to demolish, reconstruct, and expand the garage, extending the existing foot print by eight feet (8') in the northerly direction with a resulting height of approximately 16'-2". While the alteration consists of a vertical expansion with the setback, the resulting expanded structure will be no closer to the lot lines than the existing garage. The Locus is situated at 3 Cash's Court, is shown on Assessor's Map 42.3.2 as Parcel 150, and as Lot A on Plan File 54-G. Evidence of owner's title is recorded in Book 1340, Page 280 on file at the Nantucket County Registry of Deeds. The site is zoned Residential Old Historic (ROH). 3. Our Decision is based upon the application and accompanying materials and representations and testimony received at the public hearing. There was no Planning Board recommendation, on the basis that no matters of planning concern were presented. Other than the presentation by the applicants' counsel at the hearing, there was no testimony either in favor of, or in opposition to, the application. 4. Attorney Patricia A. Halsted represented the applicant. Attorney Halsted explained to the Board that the existing structure is a pre -fabricated metal building in disrepair. The garage is presently sited as close as 0.95' from the westerly side yard lot line, 3'-5" from the easterly side yard lot line, and 1'-30" from the rear yard lot line where minimum required side and rear setback distances are five feet (5'). Applicant proposed to demolish and replace the existing structure with an expanded garage structure. As shown on plan entitled, "Proposed Conditions Site Plan to Accompany Zoning Board of Appeals Application in Nantucket, Mass.", dated October 11, 2018, 2 prepared by Blackwell & Associates, Inc. (attached herewith as "Exhibit X'), the existing footprint will be maintained with the new expanded structure with the northwesterly corner of the addition to the garage to be sited approximately 4'-5" from the westerly lot line. The lot and structures thereon otherwise conform to the intensity regulations of the Zoning By-law. 5. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board GRANTS SPECIAL PERMIT relief pursuant to Nantucket Zoning By-law Section 139-33.A(1) in order to allow the applicant to demolish and reconstruct the pre-existing non -conforming garage, extending the existing foot print by eight feet (8') in the northerly direction and having a height of approximately 16'-2", subject to the following conditions: a. There shall be no exterior construction between June 15th and Labor Day of any given year for the work proposed in this application; b. The height of the building shall not exceed 16'-2"; and c. The garage shall be built in substantial accordance with the plan attached hereto as "Exhibit A". 3 Assessor's Map 42.3.2, Parcel 150 3 Cash's Court Residential Old Historic(ROH) Dated: October 11, 2018. COMMONWEALTH OF M) County of Nantucket, ss Book 1340, Page 280 Lot A Plan File 54-G On this day of 7�6,f ✓ 2018, before me, the undersigned notary public, personally appeared (a) personally known to me, or (b) proved to in through satisfac evidenc of identification, which was (type of identification) to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily, as his/her free act and deed, for its stated purpose. 1/", 0 - - Officia Signature d Seal of Notary Public My commission ires:j O i d0jb a MEGAN O'SHEA Dobry Pd& Coma Of MOWN" Iy0wo" nBOOMF ILM 0 "EXHIBIT A" F NING CLASSIFICATION: LSAld Historic (R—OH) EXISTING PROPOSED o DENOTES CONCRETE BOUND FOUND T SIZE: 5,000 S.F. 11,534 S.F.t 11,534 S.F.t DENOTES IRON PIPE FOUND O.H. DENOTES DRILL HOLE FOUND ONTAGE: 50 FT. SEE PLAN SEE PLAN 55M DENOTES STEEL SURVEY MARKER FOUND SETBACK: NONE SEE PIAN SEE PLAN ETBACK: 5 FT. SEE PLAN SEE PLAN GROUND COVER %: 50% 26.0% t 27.3% t 42.3.2-146 N/F PATRICIA P. DECK DEED BK. 671, PG. 213 N//FF 42.3. PLAN FILE 40—L .° TUCKER MADISON NOMINEE TRUST R—i- f Id #33 UNION ST Picket Fence DEED 8K. 770, PG. 297 \M14� $� /4Z3.2-147 PLAN No, 02-33 \ PARCEL 1 End of Picket N/F #44 ORANGE STREET F.nc. St... FRED C. WEBER, TR. etol rWOO CERT. /22291 L.C.C. 40054—A /35 UNION ST g4 H o D-k 3. I.P...t*.nd Q, i of stone v°II. 'ate 42.3.2-148 I.P. s.t in old N/F pcket (enc. BAY r MICHAEL KOVNER wlNDow .P�• D.H. DEM BK. 649, PG.151 aK PLAN BK. 16, PG. 131 �LOT 1 SSM /37 UNION ST fm 42.3.2-151 8 N/F STEPS TUCKER MADISON —__ :-_=:i€"t: g'('! Ston. NOMINEE IN wan 770, PG.. 301\ B.gm Picket -S. `'�:..::.3 01U Ey.\SSO SUN}. � / DEEDKof PLAN No. 02-33 2658 PN`�' STEPS PARCEL 2 A/C /j46 ORANGE STREET /; 0� 9 6,6) _ BASEM°o Vrav ACCESS 5.116 519 D ISS �.� EXIS[R1G: CA /. �� F�oce Existing 'd OPOSED P1oPk Hedge �6 _.-:.:.. 148t S.E. 10 ryp. ADDITION 7B' m� -- Plonk Fence 42.3.2-97 N/F 42.3.2-93, 94 Ec 95 K 4 LLC EXISTING N/F DEED BK. 1409, PG. 169 EXISTING GARAGE JULIE A. HENSLER etal PLAN BK. 3, PG. 18 GARAGE 340 S.F.3 35i DEED BK. 464, PG. 308 X148 ORANGE STREET #3 FLORA STREET N1'1 h 41 42.3.2-92 iw. N/F 59.53 LESLIE UNSLEY ARON It'j OF JON ARON S 42.3.2-35 DEED BK. 211, PG. 256 .✓� sq\ N/F PLAN BK. 16, PG. 131 A. CHARLES WALTERS, JR. LOT 2 O JEFFREY L. SG - NANCY L. THAYER #39 UNION STREET BLACKWELLm DEED BK. 1096, PG. 249 U ANo 353884 PLAN BK. 22, PG. 115 `f x!50 ORANGE STREET �9 SSto�'oQ S Proposed Conditions Site Plan to Accompany Zoning Board of Appeals ORIGINAL SIGNED AND STAMPED COPIES OF THIS PLAN MAY BE Application PHOTOCOPIED BY THE BOARD OF APPEALS OR THE NANTUCKET REGISTRY OF DEEDS FOR RECORDING PURPOSES. IN CASES OF in DISCREPANCIES REGARDING INFORMATION CONTAINED HEREON AND Nantucket, Mass. UNAUTHORIZED PHOTOCOPIES OF THIS PLAN, ONLY ORIGINALLY STAMPED AND ENDORSED COPIES SHALL BE ACKNOWLEDGED BY THE SCALE: 1"=30' DATE: October 11, 2018 CERTIFYING LAND SURVEYOR. THIS INSPECTION PLAN WAS PREPARED TO ACCOMPANY AN APPLICATION TO Owner:.FAO NOMINEE_ TRUST... . THE NANTUCKET BOARD OF APPEALS AND IS NOT TO BE CONSIDERED A LOT A FULL INSTRUMENT SURVEY. THIS PLAN SHOULD NOT BE USED TO ESTABLISH Deed Bk./Pg.: 1218/135 _ Plan File:. 54—G PROPERTY LINES, FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE P 42:3:2-150 3 CASH'S CT PREMISES. THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND Tax Map: . Locus: . PLANS OF RECORD. THIS INSPECTION PLAN IS NOT A CERTIFICATION AS TO THE TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES 9LACKIYELL & ASSOCIATES, Inc. ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET ASSESSOR Professional Land Surveyors RECORDS. THIS PLAN SHALL NOT BE USED FOR ANY OTHER PURPOSE OTHER THAN 20 Teasdale Circle ITS INTENDED USE STATED ABOVE. Nantucket, Massachusetts 02554 ©Blackwell k Associates Inc. - (508) 228-9026 n Q v:\DRAwnLES\87624\ZBAdwg 10/11/2018 9:40:30 AM EDT B7624