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Home My WebLink About003-08 Levine, Martin ----. COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. DONN O'CONNELL, Trustee, Plaintiff, v. TOWN OF NANTUCKET ZONING BOARD OF APPEALS et al, Defendants. Land Court Civil Action 08 MISC 375861 AFFIDAVIT OF CATHERINE FLANAGAN STOVER I, CATHERINE FLANAGAN STOVER, residing at Nantucket, Massachusetts, depose and say: 1. I am the duly-elected and qualified Town Clerk of the Town of Nantucket. 2. The Decision of the Nantucket Board of Appeals, granting Variance relief to Martin Levine in Board of Appeals File No. 003-08, was filed in my office on March 14, 2008. 3. No notice of the filing of an appeal from said Decision was filed in my office during the statutory 20-day appeal period under Massachusetts General Laws, c. 40A, 5 11, which expired on April 3, 2008. Executed and sealed on May 2008. ATTEST: A TRUE CLlt"~' ~ q;,ru- NANTUCKE-I TOWt!. CLERK COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. Then personally appeared Stover, and made oath that foregoing affidavit were true, F:\WpL\Levine\Martin\Stover affidavit.docx May C:<, 2008 the above-named the statements before m , Catherine Flanagan contained in the My commission expires: ~-',.~"~._--_...,...,-.,;."...,=.-,-_."......._,."-'--- ~ "Notar\;"P()biic~ m ", i ; '-'~ie \(;'jir:"gtord n(,', 0-,.'".;','./ ,:_,". ~ ':."'1' , ""f)o;\I 1V!3ssachusetts !)if .. '.,c"'m'so'oo ,,,,,,,, ", ''''12014 ~.__...,.",,,......=.&...,,,...._.~..........._--,,,_.._,,..,,,-,~ TOWN OF NANTUCKET BOARD OF APPEALS g NANTUCKET, MASSACHUSETT~255~ " :::0 :::0 71 - .J::lo, Date: -0 March 13--,200~, (;i N To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. : 003-08 Owner/Applicant: Martin Levine 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 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. ~kAaJ t/~~~t ?~~#Itme) Michael J. O'Mara, Chairman - 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 508-228-7215. NANTUCKET ZONING BOARD OF APPEALS TWO FAIRGROUNDS ROAD NANTUCKET, MASSACHUSETTS 02554 Assessor's Map 60.3.4 Parcel 98 Residential-2 Land Court Plan 2408- W Certificate of Title 11076 1. At a public hearing of the Nantucket Zoning Board of Appeals on Friday, February 8, 2008, at 1 :00 P.M., at 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the Application in Zoning Board of Appeals File No. 003-08 of MARTIN LEVINE, 45 Massachusetts Avenue, Nantucket, Massachusetts 02554. 2. Applicant is seeking Variance relief pursuant to Zoning Bylaw section 139-32A from the requirements of Zoning Bylaw section 139-16A (intensity regulations- front and side yard setback) in order to move the dwelling because of an eroding coastal area. The site is located at 45 Massachusetts Avenue, is shown on Tax Assessor's Map 60.3.4 as Parcel 98, and is shown on Land Court Plan 2408-W. 3. Our Decision is based upon the Application and accompanying materials, representations and testimony received at our public hearing. The Planning Board made no recommendation finding that the Application did not present any issues of planning concern. No abutter comment was received either in favor of or against the application. There was a letter in support of the application on file. 4. Applicant represented that due to severe coastal erosion, the dwelling will be relocated to an area 1.5 feet from the rear lot line and 1.5 feet from the side lot line in a district that requires a ten (10) foot rear and side yard setback. The Board subsequently found that due to the coastal erosion, moving the dwelling into the setback would preserve the structure and that no conforming locations on the lot were available. By not allowing the resiting, the Board acquiesced that the dwelling would be destroyed by the coastal tides. Therefore, the Board found that owing to the circumstances relating to the soil, conditions, shape or topography of the land that enforcement would involve substantial hardship, financial or otherwise and that Variance relief was appropriate. 5. Accordingly, by a UNANIMOUS vote of 5-0, the Board of Appeals voted to GRANT the requested relief by VARIANCE pursuant to Nantucket Zoning Bylaw Section 139-32A to reduce the side and rear yard setbacks to 1.5 feet and allow the relocation of the dwelling with the following conditions: 1:'; J :'~ ;i ~I.,:: I:~~i ""~2~ ~Ili" 1:. ~ 0>.; ~' g,- ~~ " " o~ ii ~ ~g :.. C);:::l ~~ <:~ ~ ~oF ~~~ .' ~i~ U ~8n ~;i~ aa n,.~ Ii H J 1 . \. " r-CY111 ;i,10 i-I"l ,0, 'V' '--- --~ .h. $- . ~~ c; /' il :~ ~~ "/", ~---~ ,i!/ -;J73)1I3J""~!?::- __ '- ,/ .'" ~ - ~ - .~ ~-_._--" " -~'='-"-li1~\---;;':-~-"- ,~ '1 \\~ /' '-<t-, Q.. ~ ~ \"- / "~ ~"'" , x' ,,8 '\ "~} ,'. jiG; \ '''. /', ~\ J">j~ _\ \: X 1."" .. ~ ltil: \,.v , " '. ~~~~ ",// , ~-";, I m ~~'~ "- ~. '1W' " > ~/ -- -~/-) -I" ~ I / / ~ ~ !, r . ~ . < o - ~~ Pl~ n ~ . q . R , . ~1 ~ 1 :1:0''' I~~~l >0 o ~ 0 "l!!"' . I ~ i ~ ~ ~~~ ''T' ~ ~ r ,..-~ < en!!: :::I 0 8 ~ 9~ Z it ....""<= CD , " d ~~ ~ ~ ~~ :s::R)5 ~':< ~ il il ~~ : "~:n . . R~ o ~ pol i1 ~ ~ . 8 ~~ ~ .. ~ijq ~ ,~ ~ . ' ~a ~ lZ: '. [ ,. 2~ ~ " it ~ 0 0 N ~ ~~ Ii ~ i~ is b i~ r . ~~ ~ " - . , , .} .- t ~ ~ ~ ~ ~~~~~ ~~~~~ ::t. ~ "i ~ "i:t> ~ ~; ~ ~ 0l ~ ~ . ~ % SJ , i;1 - t P ,~ i! ~~ ~~ I' ~l ~'" ;'" ~'" ~'" ..~ j~ l~ ;~ ;~ .~ i' ~, .~ ~~ ~~ ,~ .~ l~ ~ ~~ ~~ ~ I~ 2g i ~;~; i ~ i; . , ~ . ..~ ~ ~ : ~ :~; ~ i i i~ a ! i~ . .. : : ;; zii(5 6"'~ H~ ~ e ~ ! ~ h <. . 1'0 cl. <i. ~ l" '" .. a~ ~~ ~ ~~~ ~~~ ~ ~ J ., . >'"e~" ~h '." ~:" ,. ~ ~o~ ~. ~. a' " ~l. ".i ~". .1 ~~__ " e hi .. l~ .' ~ ~". H .<~ ,. . :~ ; ;'l ;~ .\ .; a ~ia ;~; ~:~ ~2 ,e ~! ~"o.!~. ~,~ a~~ ;~~ ~i ~~ :~ - ..~ ~ llg ~ r~j "'~ el~ e~ =- !i i'. l~ i ;; ~n'n ~ ~ ~i:-' ~~ ! '": ~ ; !~;s; Iil/l\ d <> ~ o 'j '~I _ a) No work shall be done between June 15th and Labor Day; and b) All work shall be in compliance with plan entitled "Site Plan/House Relocation Plan & Subsurface Sewage Disposal Plan in Nantucket, MA for Martin Levine, 45 Massachusetts Avenue" prepared by Bracken Engineering, Inc., dated December 20,2007. Dated: ~, 2008 \ ,~ Nantucket, ss. COMMONWEALTH OF MASSACHUSETTS March 111, 2008 On this ~ d 2008, before me, the undersigned Notary Public, personally appeared u.. r , who is personally known to me, and who is the person whose name is signed on the preceding or attached document, and who acknowledged to me that he/she signed it voluntarily for its stated purpose. ~~~ Notary Public: ~Iff~ K. M",w( My commission expires:M~w/, ~~;.MJJ 2 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 MARTIN LEVINE, FILE NO. 003-08 Applicant is seeking Variance relief pursuant to Zoning Bylaw section 139-32A from the requirements of Zoning Bylaw section 139-16A (intensity regulations - front and side yard setback) in order to move the dwelling because of an eroding coastal area. The site is located at 45 Massachusetts Avenue, is shown on Tax Assessor's Map 60.3.4 as Parcel 98, and is shown on Land Court Plan 2408- W. g 6:;,1: ::IE z c. r r' : -,,,. , C-.. :::::= z N w 3 o o 00 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile