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Home My WebLink About085-02 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 ****************************************************************** WITHDRAWAL FORM File No. O?:~ -- 02-- IN RE: THE APPLICATION OF Map Parcel !)el1 J~ fin';] mOof-G ***********w****************************************************** UPON THE REQUEST OF THE APPLICANT(S) MADE: prior to K after PUBLICATION OF NOTICE OF A PUBLIC HEARING ON THE ABOVE CAPTIONED APPLICATION, WE, THE NANTUCKET ZONING BOARD OF APPEALS: acknowledge as a matter right and without prejudice K approve without prejudice approve, but with prejudice THE WITHDRAWAL: K in full of the said application of so much of said application as: i\Jcu . ~~, d,ClQ3 ~ I u& /i/z (033 N .,.;; , u Cl z >3: _; CS) -~ DATED: C"\ P 9-05-2003 11 : 37AM FROM JOSEPH M GUAY ESQ 508 825 9199 P.l 6-89 Form NAN'tUCltET ZONXNG BOARD OF APPEALS "ron >>to OQtJN'l'Y BUl:LDDlG N~ucm~, HA 02554 File No .cKr=02.- Assessor t S Parcel . )?tV - I J~ fI THIS AGREEHENT '1'0 EXTEND THE TIME LIMIT FOR THE BoARD OF APPEALS T6'KA1<E A DECISION (or to hold a public hearing or ta~e other a?7ion) eo~cer~. the App1ication of: l)('~0lY111\ (f-~ Pursuant to the provisions of the Acts of 1987, Chapter 498, 8.lIlendinq the state zoning Act, Chapter 40A of the Massachusetts 'Ge~era..l LaWS, Applicant(s)/petition~r(s). and the Boar<1 of Appeals 'hereby aqree to extend the t1.me lunit _ for a public hearinq ~on the Application, or - for a decision ~ of the Board, or . . - . - for I;lny other action ..... by the Board, (whe.ther such Application.i$ an aPl'eal _ from the . decisi~n of any'adBin~strative off~clal, a petition fo~ a Spec~al Permi~ , or for-kvarlanee ~., or for any ex:tension . , 1IlO4ification , or: rene;;aI thereof) 0' ---- - to the 1IEW TIllE LlHIT ot ..idnigbt on :w~k 1 %~~ but not ea.r1.ier than a time limit set s a u e or. by aw. The Applieant(s), or the attorney or agent for. Ap}?licant(s) represented to be duly 8l,1thorized to act ip th1s~atter tor Applicant(~), in executi~q this A9ree.ment waives anr r~qhtsUnder the Nantuc~et zQning .Bylaw and the state ZOnl.nq Act, as aJIlended., to. the extent, but only to the ~xtent, incons~stent with this Aqree~ent. :~ Effective date of Aqre~\1\ent 8 '""'j'" ."t.l Town Clerk Planning' Board Building Commissioner -i-, G)'" . ~~' z'" "---T":" cc: C/) CT1 -0 c; r fTi the office of the Town Clerk~ --- CJ) -u Town Clerk. Ut 8, . ~ ';;'. ---' --- --- _..._......._ .. __0'''- --..... -............ ...~... 1 . d 6-89 Form NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 File No. CllS:":.02- Assessor's Parcel ~~ _/~~ THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE APPEALS TO'MAKE A DECISION (or to hold a public take other action) concerns the Application of: f?~(J {6m/~ J . BOARD OF hearing or moo t/'e--- . Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State zoning Act, Chapter 40A of the Massachusetts General Laws, Applicant(s)/petitioner(s) and the Board of Appeals' 'hereby agree to extend the time limit _ for a public hearing ~ on the Application, or _ for a decision ~of the ~oard, or - for any other action ........ by the Board, (whether such Appl!cation.is an appeal ___ from the decisi~n of anf'administrativeoff~cial, a petition for a SpecIal Perm1t , or for a Var1ance ~, or for any ext~nsion ___, mOdification ___,-or:renewal ___ thereof) to the NEW TIME LIMIT of midnight on ~ c:( (p ~ ;? 00 \3 but not earlier than a time limit set y s atute'orbylaw. The ~pplicant(s), or the attorney ,,/' or agent ___ for. Appl1cant(s) represented to be duly author1zed to act i~ th~s,~atter ~or Applicant(s), in executi~9 this Agreement wa1ves any r1ghts under the Nantucket zon1ng Bylaw and the state zoning Act, as amended, to,the extent, but only to the xtent, inconsistent with this Agreement. PPLICANT( cjV--8 ';J -:; BOARD Co- c= ,.- - - r-- -0 ,- W .b:. \0 cc: Town Clerk Planning Board Building commissioner Agreement filed in the office of the Town Clerk: -1 \ \\(03 Date Town Clerk SOGl..-8GG-80S swe~ 11 ~M ..:l epu~.., dSE:t.O EO 60 Inr 5-08-2003 10:53AM FROM JOSEPH M GUAY ESQ 508 825 9199 P,l NANTUCRET ZONING BOARD OF APPZ~LS TOWN l\ND COUN'l'Y BUYLD1:HG NANTOCRB'l",MA 02554 File NO.oo.:.1J 2.. Assessor's parcel ~() --JJ:f THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF APPEALS TO'MAKE A DECISION (or to hold a public hearing or take other action) concerns the Application of: B~OV1)t~ f' mCX'~. Pursuant to the provi~ions of the Acts of 1987, Chapter 498, a~endin9 the state Zoning Act, Chapter 40A of the Massachusetts General Laws, Applicant{s)/petitioner(s) and the Board of Appoals hereby agree to extend the ti~e 11~it - ror a public hearing ~ on the Application, or - for a ~eci~ion ~ or the ,Board, or for any other action by the Board, (whether such Appltcat1on,1s an aPl?eal _ from the declsif?n of an.fadJi1in~strat1ve .offl,cial, a petition fo~ a Spec1al Perm1t , or for a Variance b( , or for any ex~~nsion ___, moaIlication ___, or'rene~ ___ thereof) to the NEW TIME LIMIT of midnight on but not earlier than a time limit set The Applicant(s), or the attornay or 8gent for, Ap~11cant(s) represented to be duly author1zed. to-act in th~smatter for Applicant(~), in executi~9 this Agreement wa1ves anI riqhts tinder theNantuc~et zqninq Bylaw and the State Zon 9 Act, as alllended, to th.e extent, but only to the exten , inconsistent with this Agreement. . ---"'" o I.N ..'7) ~ -i-. d- CD}. :3: :IE- ~ :z: ..' --- C N r rr -u A: --- 0 --- Etre(~]~.ls~ of Agreement 00: Town Clerk Planning Board Building Commissioner Agreem~nt filed in the office of the Town Clerk: l)atf~1 ~)03 Town-Cl'erk"--"-- 1 . d Form NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUXLD:tNG NANTUCKET,MA 02554. File NO.~ -Q..2_ Assessor' s parcel ?O - / ry THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF APPEALS TO 'MAKE A DECISION (or to hold a public hearing or take other action) concerns the Application of: 6~m'" (}-ffi()d(~ pursuant to the provisions of the Acts of 1987, Chapter 498, amending the state zoning Act, Chapter 40A of the Massachusetts-General LaWs, APplicant(s)/petitioner(s) and the Board of Appeals' 'hereby agree to extend the time limit _ for a public hearing ~on the Application, or _ for a decision b( of the ~oard, or for any other action " by the Board, (whether such Appl!cation. is an appeal _ from the decisi?n of anf'admin~strativeoff;cial,~petition for 'a spec1al Perm~t , or for a Var1ance , or for any ext6:nsion _, moaificatiop _,' or: rene a _ thereof) to the NEW TIME L~MIT of midnight on .JtJ but not earlier than a time limit set y s The Applicant(s), or the attorney ~ or a Ap~licant(s) represented to be duly author th1s,matter ~or Applicant(s), in executill~ this Agreement waives any r~ghts under the Nantucket zqn1ng Bylaw and the state Zon1ng Act, as amended, to the extent, but only to the extent, inconsistent with this Agreement. M. Guay, Attorney for Benjamin ~ore d ;::J ~~, o~. ~~..-' :z :~ c I" rr ;:;.: ..." ,.,.., c:::l EuectU <Iff:!: of Agreement --- \0 -0 N ~ o co: Town Clerk Planning Board Building commissioner Agreement filed in the office of the Town Clerk: 2/lr (03 Datel Town Clerk dcw:cn EO EO qa.:l TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETIS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE , A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will ~' be held at 1:00 P.M., FRIDAY, DECEMBER 13, 2002, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, ((Massachusetts, on the Application of the following: BENJAMIN P. MOORE BOARD OF APPEALS FILE NO. 085-02 Applicant is seeking relief by VARIANCE under Nantucket Zoning By-Law Section 139-16A (Intensity Regulations - ground cover ratio) and a MODIFICATION of the Decision in BOA File No. 073-93 that allowed a maximum ground cover of 1,500 square feet for all structures on the Lot. Applicant proposes to construct a detached about 784 square-foot ancillary structure on a Lot that contains an existing single-family dwelling. The structure would be used for personal storage purposes only and not for human habitation. The Locus contains about 1,431 square feet of ground cover, less than the maximum allowed of 1,500 square feet in said Decision and less than the 1,742 (4%) allowed under the By-law ifthere had been no restrictions imposed in the previous Decision. The new ground cover would be about 5% or 2,215 square feet. All setback requirements would be met. The Locus is nonconforming as to lot size with the Locus containing about 43,560 square feet oflot area in a district that requires a minimum lot size of 80,000 square feet. The Premises is located at 15 FOLGERA V. ENUE, Assessor's Map 80, Parcel 154, Plan Book 17, Page 50, Lot 4. The property is zoned Limited-Use-General-2. (jIUM~ /~~~ Nancy J. Sevren , &airman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. ,r- APPLICATION FOR RELIEF 11/06/2002 Date NO~cfl/ BoA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 CASE Owner's name(s): Mailing address: Benjamin P. MoOre P.O. Box 741, Siasconset', Massachusetts 02564-0741 Applicant's name: Same Mailing address: Same Location of lot: Assessor's map and parcel number 80 _ 154 street address: 15 Folger Avenue, Nantucket, Massachusetts Registry Land ct Plan, Plan Bk & Pg or Plan File 17/50 Lot~ Date lot acquired: ~~~ Deed Ref4~,~ zoning district LUG-2 Uses on lot - commercial: None ~ or MCD? No - number of: dwellings-L dupleX..2.-apartments~ rental rooms-2- Building date(s): all pre-8/72? Building Permit appl'n. Nos. Case Nos. all BoA applications, }awsuits:None or C of O? state fully all zonin9 relief sought and respectiv~ Code sections, and subsections, speclfically what you propose compared to present and what grounds you urge for BoA to make each finding per section 139-32A X if Varlance, 139-30A if a special Permit (and 139-33A __ if to-alter or e~t~nd a nonconfo~ing use). If appeal per 139-31A & B __ , attach declslon or order appealed. OK to attach addendum . See Addendum Attached Hereto and Incorporated Herein Items enclosed as part of this Application: orderl X addendum2 X Locus map X Site plan X showing present X +planned X ~s'tructures F~oo~ plans present~ proposed-X- elevatIOns ~ (HDC a~proved?~) Llstlngs lot area X frontage X setbacks X GCR X parklng data_' Assessor-certifieo-addressee Ilst 4 sets X ma~lrng labels 2 sets~ r200 fee payable to Town of Nantucket X proof. 'cap' covenant_ (If an appeal, ask Town Clerk to sena-Bldg Comr1s record to BoA.) I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of perjur SIGNATURE: Josep 3(If not owner Applicant ___ Attorney/agent ~ Guay, Attorney for Benjamin P. Moore owner's attorney, enclose proof of authority) ,.'.. FOR BO~FFICE USE Application copies rec'd: 4~r___ for BoA on ~(/~ ~ One copy filed with Town Clerk on--1i;~y (~W complete? (/ One copy each to PlanningBd and Buildi~1 ?,er;;,f(~y tI'~ $200 fee check given Town Treasurer on~y, waived?_ Hearing notice postedJ.i;&CJ/maile,f1;~ & Mr. 2J;a tb.s;~ Hearing(s) on~~__ cont'd to~~__, ~~__ withdrawn?~~__ Decision due by~~__ made~~__ filed TC~~__ mailed~~__ See related cases lawsuits other Addendum to Application of Benjamin P. Moore 15 Folger Avenue ZONING CLASSIFICATION LUG-2 District Existin2 Proposed Minimum Area: 80,000 sq. ft. 43,560 sq.ft.* No Change Minimum Frontage: 150 ft. 225.31 ft. No Change Front Yard Setback: 35 ft. 105i: ft. No Change Side Yard Setback: 15 ft./l0 ft. 44i: ft. (dwelling) No Change 15 ft./l0 ft. (proposed anc. bldg.) Greater> 15 ft. (Approx. 35i: ft.) Rear Yard Setback: 15 ft./l0 ft. 32i: ft. (dwelling) No Change 15 ft./lO ft. (proposed anc. bldg.) Greater> 15 ft. (Approx. 25i: ft.) Ground Cover: 4% (1,742 sq. ft.) 3.2% (dwelling) (1,431 sq. ft.) No Change (proposed anc.bldg.) 1.8% 784 sq.ft. [1,431 sq.ft. (dwelling) + 784 sq.ft. (proposed anc. bldg.) = 2,215 sq.ft. or 5% ground cover] * Lot of record/pre-existing nonconforming APPLICANT/PROPERTY The undersigned represents the interests of Benjamin P. Moore, (hereinafter referred to as "Moore), the title owner of the residential property now known and numbered as 15 Folger Avenue, Town and County of Nantucket, Massachusetts, (Lot 4, Plan Book 17, Page 50), as evidenced by a deed dated September 15, 1995, recorded with the Nantucket Registry of Deeds on November 3, 1995, in Book 487, Page 48 (hereinafter referred to as the "Property"). ZONING BOARD RELIEF Moore has submitted an Application seeking relief from the Nantucket Zoning Board of Appeals (hereinafter referred to as the "ZBA"), requesting the ZBA to grant Moore a Variance pursuant to Nantucket Zoning By-Laws 9 139-32 and 9 139-33A from the requirements of the Nantucket Zoning By-Laws 9 139-16 (Intensity Regulations - Ground Cover Ratio), and respectfully requests the ZBA to grant and approve the following: Construction of a 32' X 20' + 12' X 12' detached ancillary building on the subject Property which will constitute 784 square feet of ground cover. The existing dwelling on the subject Property is 1,431 square feet and the proposed detached ancillary building will create an additional 784 square feet resulting in a total of 2,215 square feet of ground cover on the subject Property. The existing ground cover ratio/percentage of the dwelling is 3.2% and the proposed ancillary building will be 1.8% for a total of 5.0% ground cover ratio/percentage. The ground cover ratio/percentage will be 1.0% in excess of the 4.0% ground cover ratio/percentage allowed under the LUG-2 Zoning District Classification. Moore previously submitted an application before the Nantucket Historic District Commission with accompanying plans and specifications for the proposed construction of the detached ancillary building on the Property. Moore received Historic District Commission Certificate of Appropriateness No. 40648, dated October 29,2002, granting and approving the plans and specifications for the proposed detached ancillary building. [Moreover, Moore received Historic District Commission Certificate of Appropriateness No. 40630, dated October 29,2002, granting the removal of the shed from said Property.] ZONING CLASSIFICATION/PROPERTY DESCRIPTION The subject Property is a pre-existing non-conforming one (1) acre lot containing 43,560 square feet and is located in the Nantucket Zoning District classified as LUG-2 established by enactment of the Nantucket Zoning By-Laws in 1972/1973. The LUG-2 Zoning District allows a ground cover ratio/percentage of 4% of existing land area. In regard to Moore's Property, 4.0% of 43,560 square feet ofland area equals 1,742 square feet. The single family residential dwelling presently existing on the Property contains 1,431 square feet of ground cover. The shed existing on the Property contains 80 square feet of ground cover. Moore intends to remove the existing shed prior to construction of the proposed detached ancillary building. The ground cover of the shed is, therefore, not to be included in this Application. The proposed detached ancillary building has a ground cover of784 square feet. RELIEF SOUGHT BY APPLICANT Moore seeks relief from the ZBA for issuance of a Variance to permit and approve the construction of a detached ancillary building with 784 square feet ground cover on the subject Property. The ground cover of the existing single family residential dwelling (1,431 square feet) together with the ground cover ofthe proposed detached ancillary building (784 square feet) will total 2,215 square feet which is equal to 5.0% ground cover ratio/ percentage. The proposed 2,215 square feet of ground cover exceeds 1,742 square feet (ground cover allowed under zoning) by 473 square feet. Moore intends to install electricity in the ancillary building. Further, Moore intends to use the ancillary building for his own personal use (no commercial use) and there will be no plumbing in the ancillary building and said structure will not be used for human habitation. Moore agrees to the following conditions limiting the design and restricting the use of the ancillary building as follows: 1. No plumbing; 2. No human habitation; and 3. No commercial use. In support of his Application Moore maintains that the proposed ancillary building resulting in 1.0% ground cover ratio/percentage in excess of the 4.0% ground cover ratio/percentage allowed under the LUG-2 Zoning District would not be substantially detrimental to the neighborhood and would provide Moore with the much needed sheltered storage space to store/house his boats and miscellaneous lawn care equipment and carpenter tools so as to protect and preserve same from inclement weather conditions which have caused Moore to suffer personal property damages and financial hardship. For the foregoing reasons in support of the Application herein, Moore respectfully requests the ZBA to grant a Variance to Moore and allow Moore to construct an ancillary building on the subject Property with a ground cover of784 square feet resulting in a total ground cover of2,215 square feet equal to a 5.0% ground cover ratio/percentage. \" ~ ~ ~ct.~\~\~y ~fr-~ c)Jl-1?>- u.k\L ~82 ~Q,*- '/(! '7f ~Wv~~ {JQ)S~ ZONrnG CLASSIFICATION: . "':::~<Z-: IoIIN, AREA: . . , . . . 80~ Opq 5).5 IoIIN, FRO Nl'AGE: . . . . . . /.;5.0:;;?:- FROtIT YARD 5,8,: . . . , ,..:ss. . REAR & SIDE 5,8,: , ,1$7 /0. ~ GROUND COVER (7.): . . , . . 7'. % ':';..;':::';': EXISTING: . t~e-40.;t'SE . ;c.;<.S; .4/. . . s~ /?/,A,I{ . . . ,Ii . . . . " ........ . 80 - /IS' .IV/r P-J;' g ;r.c . c,/....4.,<I:.1( eO-1ST K/r: ::T- /"f. IIAIS.s I I I I 'HI , I ~I I I 90- II',/' /V/r _~~t_ _ -';T. g. r?.L, .p~.v.A " M l,; ~ ;PA/Z,'/../NC -'I I \ I I ,. \ I I /,x.~> \ \ VKXVI/"-'}D' \ 91~P , I \:~ Gf"~:f I I ~I tl ~ -r---'- I , , \\ /93.53 I/;Z. sry ...-/r "pw.C!:-U-.//fc' c;.C, -=/1/31 rs:i'7 ~ o ~ "'{ _ _ _ _ LgL:t _ _ '- " i<i '<\ t( \'( , .... " .... .... , .... .... .... .... .... " " , ,. " .... - '" ..... - - - - - .- - ';,&vAY -- _/=X~T:!!,=- -0 _ _ - - - , ~ \9 ~ t:( I I , -_/ /93.3:5 go-/SI /Y/;C" />1, .e /... k.e;<S.e:Y . (- Po. 1HAT ON THE PROFESSIONAL lAND SURVEYOR THIS PLOT PLAN WAS PREPARED fOR THE TOWN Of NANTUCKET BUILDING DEPARTMENT ONLY AND SHOULD NOT BE. CONSIDERED A' PROPERTY LINE SURVEY, THIS PlAN SHOULD NOT BE USED TO ESTABLISH PROPERTY LINES. fENCES. HEDGES. OR ANY ANCILlARY STRUCTURES ON THE PREMISES, THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PlANS OF RECORD. THIS PLOT PlAN IS NOT A CERTlF1CATlON AS TO TlTLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT ASSESSOR RECORDS. ASSESSOR MAP: . g Q . . PARCEL:: /.?7: . r:,\.IOR<;\(;WH\RIP I\'JIE~ F EB 1 1 2000 I\!J) NMflUC~B~urnNGO~ BUILDING LOCATION PLAN OF LAND IN NANTUCKET, MASS. SCALE: 1._7"0' DATE: ;Z-//-;E:OOo Owner. ~r0(/I/. e. ~(X?/.<A . . . . . , ,.-:..or 7' Deed: (:f,.'7".87. f'<i=-. 7:'Cl Plon.&.t.(~ tf7~..s:o. Locus. IS: /7C7.!-~~~ .AV~.. , . . . CHARLES W. HART & ASSOCIATES. Inc. SANFORD BOAT BUILDrnG 49 SF ARKS AVENUE NANTUCKET. MASS. 02554 (508) 228-8910 H- //0<7'7 NOT TO,BE RECORDED. 70r-.:;J Jr.3ii~ 11.1.1 ..".t.. !lot ..".t.. NO"tCI::~;"~~::;ict . . 101 Snll" .. AIII.~I::IIIIIt.. of ItI. COMPI~~~~~~TlON SHOWN HEREON AND P AERIAl PHOT - WA~ - ~ ,~,,\-.. ~- .~ :;"'.'- ,. ..,...., . U'O AS HAV'NGNO' TO." I II ~. ,-, .. N:.V fO. CONY' SUFfiCIENT ,~C' I" ", .. .-.:-' ._.. -. /fI1!{J 70 /P{'L/5'-/ 2-;~" ,0 .. 1 ,,- . \'~ I.~' ~ , ." 1r.t,O r .. J NOBAOEER 11h{' rl'( ..',.,.. '.. .H AyeNl NA~~~UCKE .. l\I.u";~adnu.;pth; ,~1_. ~'Ol"~~~')()) .~_ '-rd.::';;:~... :: .. TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: August (p , 19 93 To: Parties in Interest and Others concerned with the D~c'ision of the BOARD OF APPEALS in the Application of the !. following: Application No.: 073-93 Owner/Applicant: MICHELE SILIN 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. V0lli2 0cJtHAAD , Chairman Dale W. Waine rc: Town Clerk Planning Board Building Commissioner TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Map 80 Parcel 151 17 Folger Avenue LUG-2 ,At a Public Hearing of the ZONING BOARD OF APPEALS Held at 1:00 P.M., Friday, July 16, 1993, in the Town and County Building, Federal and Broad Streets, Nantucket, Massachusetts, on the Application of MICHELE SILIN of P.O. Box 3277, Nantucket, MA 02584, Board of Appeals File No. 073-93, the Board made the following Decision: 1. The Applicant is appealing the denial of her building permit application by the Nantucket Building Commissioner pursuant to Section 139-31A(I) of the Zoning By-Law and seeks a finding that the Variance granted in ZBA File No. 004-91 to Diana Heller, her predecessor-in-title, had been duly exercised within the one year period required by Section 139-32(I) of the By-Law. Alternatively, the Applicant seeks a Variance under Section 139-32A from the intensity regulations of Section 139-16A, for minimum lot area and frontage. The Applicant's lot contains approximately 40,000 SF and the minimum lot size requirements for the Limited Use General-2 zoning district is 80,000 SF. The premises are located at 17 Folger Avenue, Assessor's Map 80, Parcel 151 as shown in Plan Book 17, Page 50. 2. Our findings are based upon the Application papers, correspondence, plans, representations and testimony received at the hearing. No letters of objection from any abutters were received and there was an unfavorable Planning Board recommendation. As to the request for a finding, an opinion was submitted from Town Counsel, by the Building Commissioner supporting the Commissioner's position. It stated that the refinancing of one lot apart from the other lot did not duly exercise the variance within the required one year period that expired March of 1992. Applicant's predecessor-in-title relied on the refinancing as activating the Variance and the property was sold to this Applicant in December of 1992. After discussion, Applicant requested and was granted a withdrawal without prejudice, of her appeal of the Building Commissioner's denial of her building permit on the basis of the alleged expiration of the Variance granted in 004-91. 3. We find that the current Applicant meets the statutory criteria for a grant of Variance relief in this case, in the same manner as that of her predecessor-in-title, Diana Heller. There are specific circumstances related to the topography of this lot that do not affect other lots generally in the LUG-2 zoning district. Specifically, there is a significant slope on this lot towards (:)73-93) -2- Folger Avenue with the land in the LUG-2 zoning district being generally flat and the hummock or hill on the Applicant's property is rare in this district. We find that a Variance may be granted without substantial detriment to the public good and without derogating from the intent and purpose of the Zoning By-Law. Specifically, we find that most of the lots in the Folger Avenue neighborhood, known as "Morgan Square", are approximately one acre in size and contain at least one single-family dwelling if not two. The Applicant is willing to restrict her lot to one dwelling or dwelling unit with a ground cover no greater than 1,500 SF. This voluntary restriction limits significantlY the intensity of the lot and corresponds to the intensity of the development in the neigh~orhood. We find further that a literal enforcement of the minimum 'lot size requirements in this case would cause the Applicant a significant hardship and preclude her from building her home on the lot. A grant of Variance relief is appropriate in this particular case. 4. Therefore, for the reasons set forth herewith, the Board, by a four (4) to one (1) vote (Balas voting in the negative) GRANTS the Applicant relief by VARIANCE under Section 139-16A, from the minimum lot size requirements so as to render her lot a separately, buildable and marketable lot on the condition that the lot be limited to one dwelling or one dwelling unit with a maximum total ground cover of all structures on the lot as 1,500 SF as defined in Section 139-2(a) of the Zoning By-Law. Da ted: August 4> 1993 Mi (jJ;/l) ~- Ann Balas ~."" . ' TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: August &, , 19 93 -, CERTIFICATE OF GRANTING OF VARIANCE >>EDt~~~~ (Massachusetts General Laws, Chapter 40A, Section 11) , The BOARD OF APPEALS of the TOWN OF NANTUCKET, hereby certifies that ,a VARIANCE ~~XX~~~LK~~~~xhas been GRANTED: To: (Owner/Applicant) MICHELE SILIN (073-93) Address: P.O. Box 3277, Nantucket, MA 02584 affecting the rights of the Owner/Applicant with respect to land or building at: 17 Folger Avenue, Assessor's Map 80, Parcel 50, as shown in Plan Book 17, Page 50, Lot 3 Deed Reference: And the BOARD OF APPEALS further certifies that the attached Decision is a true and correct copy of its Decision GRANTING the VARIANCE X~~~~~X~~~XXX~~~~Xand that copies of the Decision and of all plans referred to in the Decision have been filed with the Planning Board and the Town Clerk. The BOARD OF APPEALS calls to the attention of the Owner/ Applicant that General Laws, Chapter 40A, Section 11 (last paragraph) provides ,that no VARIANCE >>>>>>X~XX~~~xK~FERMXXX or any EXTENSION, MODIFICATION or RENEWAL thereof, shall take effect until, (a) a copy of the Decision is certified by the Town Clerk that TWENTY (20) days have elapsed after the Decision has been filed in the office of the Town Clerk and no appeal has been filed (or, if such appeal has been filed, that it has been dismissed or denied) and (b) the certified copy is recorded in the Registry of Deeds for the County of Nantucket and indexed in the grantor index under the name of the Owner of Record or is recorded and noted on the Owner's Certificate of Title. The fee for such recording or registering shall be paid by the Owner/Applicant. CURQ ~~ Clerk ~ ~ \ I ~ $ - ~, I I i I i 1 i i L -;: "" II J 111.1.''1 . t ...,,~..,...... ,...,~,.~ ~ " m m -----. '. -' >, ....'1 .:...... (\ ~ ~ I t I , ,. t I l I ~ ~ ~ v. 'h ~ .~'. t ~ ~ 't~ ~~ -f OEBJ Or L I '-'-r '_, ,~ . - ' -- - - -,. ~ ~~ '1 C\ ~ ,~ I I I. ,I : I . i I i ! :11-1 " ~.,~_~c._..~_._"~. I I . . :..-- ._---~...---..... ..........:_......,........... --........:. r I, " t . i . \ i j , I I i I I I I j I I ~ I I S;:- " .... fEEl ~ ~ . .. ..-......... ~m Jii,' I + .'.: J ., ~ E31 7-- ) __:t..,'____t~---- ---...,......~--..-.-."'- - -- --l,-----.. J'~ a -z ~ V J~ N E c '" ~ ~ "1 '.' ~ I J 1 I 1 I i i I I j , I I t c/- - f ~, I I 1- i I I ~ 'd I I, J '1 I 1 i i i j I , -v- r v1 tQ1 r ~f ~~ vi ~ ~ N ~ z..,. . 1 1 I l ~ ----- 70 ------,._--~_.,._---~_.+-- ,. '"''''''-. \f\ '-IO&,,)CI Application to the HISTORIC DISTRICT COMMISSION, Nantucket, Massachusetts, for a 10/.:Jkl / OJ---' CERTIFICATE OF APPROPRIATENESS for structural work, All blanks must be filled in using BLUE OR BLACK INK (no pencil) or marked N/A. NOTE: It Is strongly recommended that the applicant be familiar with the HOC guidelines. Building with Nantucket In Mind. prior to submittal of application, Please see other side lor submittal requirements, Incomplete applications will not be reviewed by the HOC. This is a contractual agreement and must be filled out in ink, An application is hereby made for issuance of a Certificate of Appropriateness under Chapter 395 01 the Acts and Resolves of Mass., 1970, for proposed work as described herein and on plans, drawings and photographs accompanying this application and made a part hereol by reference, The certificate is valid for three years from date of issuance, No structure may differ from the approved application, Violation may impede issuance 01 Certificate 01 Occupancy, Telephone: (off island) Date application received: Fee Paid: $ Must be acted on by: Extended to: ~::: /~ /~'~'" Member: ~ Member: Member: Member: z.."'S,/7J PROPERTY DESCRIPTION ~ \ PARCEL NO, --1 -;-~ Street & Number of Proposed Work: I ") ~"l bfl. r-l ~ Owner of record: 17~'>~"'^'^^ \ ~ f"'\.rrt.).Jl.tl Mailing Address: ~ l- L\\ 0\~~ C ~ Bm island) TAX MAP NO: 6l.<t(b '-I I AGENT INFORMATION (if applicable) Name: Mailing Address: Notes - Comments - Restrictions. Conditions Telephone: (on island) (off island) [J New Dwelling . Addition Garage U Color Change .~ Fence _. Gate C Other (please specify) ('v\ .sik, Size of Structure or Addition: Length: Width: DESCRIPTION OF WORK TO BE PERFORMED See reverse for required documentation, GaragelApartment ---:; Commercial u Paving .\OMove Building Demolition Historical Renovation Deck ~, Revisions to previous Cert, No, Steps ~d b' fl' 1<8 Decks: Size: Size: 1st floor 1st floor 2nd floor 2nd floor Sq, Footage 1 st floor: Sq. footage 2nd floor: Sq, footage 3rd floor: Difference between existing grade and proposed finish grade: North Height of ridge above final finish grade: North Additional Remarks South East West South East West Hjgto,ic Nama: REVISIONS' (describe) 1, East Elevation 2, South Elevation Original Date: 3, West Elevation Original Builder: 4, North Elevation Is there an HDC survey form for this building? [J Yes CJNo 'Cloud on drawings and submit photographs of existing elevations, DETAIL OF WORK TO BE PERFORMED :.', Block Parged [J Brick (type) [] Other .. : Poured Concrete CJ Piers Foundation: Height Exposed LJ Block Masonry Chimney: 0 Block Parged [J Brick (type) Roof Pitch: Main Mass _/12_ Secondary Mass ----../12_ Dormer _/12_ Other Roofing material: [J Asphalt Manufacturer :.] Fiberglass Manufacturer _J Wood (Type: Red Cedar, White Cedar, Shakes, etc,) Skylights (flat only): Manufacturer Model No, Manufacturer Model No, Gutters: c..~ Wood (type) L; Aluminum Leaders (material and size):._ Sidewall: ..J White cedar shingles C::Other Fence: Height: Length: Type: Size Location Size Location .. Copper inChes) Front only Clapboard (exposure: Trim: Lumber type Pine Redwood Cedar lather Treatment . Paint Stain-solid Natural to weather ' Clear oil finish Dimensions: Fascia Rake Soffit (Overhang) Door Frame Corner boards Posts: Round _ Square _ Frieze Window Casing_ . Windows: 0 Double Hung ,] Casement :::: All Wood [.J Other o True Divided Lights(muntins) = Snap-in Grilles . Doors (type and material): Front Garage Door(s): Type .andscape materials: Driveways 'Note: Complete door and window schedules are required, Rear Side Material Walkways Walls lidewall .rim COLORS Clapboard (if applicable) Sash Foundation Roof Doors Fence Jeck Attach manufacturer's color samples, Shutters he\eb~ authorize the agent named above to act on my behalf to make changes in t e specifications or the plans contained in this application in order to bring the ppilcatlon Into com Iiance With the HOC guidelines, I hereby agree to abide by an omply with the terms and conditions of this application. I hereby agree that the ubmlsslon of any re Ision to this application will initiate a new sixty-day review e late v \.5) , Si nature 01 owner 01 record ' I~ Si nad under analties of e.u / v IV / [i OArE ISSUED1)(j '0'---] ,v ~ Application to the HISTORIC DISTRICT COMMISSION, Nantucket, Massachusetts, for a CERTIFICATE OF APPROPRIATENESS for structural work, All blanks must be filled in using BLUE OR BLACK INK (no pencil) or marked N/A. , , NOTE: It Is strongly recommended that the applicant be familiar with the HDC guidelines, Building with Nantucket in Mind. prior to submittal of application. Please see other side tor submittal requirements, Incomplete applications will not be reviewed by the HDC, This is a contractual agreement aod must be filled out in ink. An application is hereby made for issuance of a Certificate of Appropriateness under Chapter 395 of the Acts and Resolves of Mass., 1970, for proposed work as described herein and on plans, drawings and photographs accompanying this application and made a part hereof by reference, The certificate is valid for three years from date of issuance. No structure may differ from the approved application, Violation may impede issuance of Certificate of Occupancy, Telephone: (on island) _ Date application received: Must be acted on by: Fee Paid: $ I cru PROPERTY DESCRIPTION TAX MAP NO; foe - \ .:; L 1- PARCEL NO, Street & Number of Proposed Work: ~ (-01.-') t~(L _Av~- Owner of record: 1'?, ....:......rA' ,'VI I l~ 7' -<- Iv") n (; a ~,_ Mailing Address: _ Pc! P;,'2t. _ '+~ I ________ o I k-x. <.Jf':.. 7(."1 G: L'-<l ( I I Telephone: 7./7fr) 7 JC., (on island) J (off island) AGENT INFORMATION (if applicable) Name: ,C' 'i- ;..:,.:\-y>",'V\ \ ~ l^'1 <".! \}_(.::- Mailing Address: (off island) New Dwelling Color Change :.., Other (please specify) Size of Structure or Addition: Addition Garage Fence Gate .7?-n'i.1 Length: 'l.,Z- Width: 'z.;:.../ DESCRIPTION OF WORK TO BE PERFORMED See reverse for required documentation, Garagel Apartment Commercial Paving Move Building Demolition Historical Renovation Deck Revisions to previous Cert, No, Steps Shed Sq, Footage 1 st floor: '1 'f I Sq, footage 2nd floor: '7, (/0 Sq. footage 3rd floor: _,_ Difference between existing grade and proposed finish grade: North _~__ South Height of ridge above final finish grade: North '( l South"" ! Additional Remarks Decks: Size: 1st floor 2nd floor Size: 1st ftoor 2nd floor n East L West r.: East -,. West Original Dale: Jriginal Builder: Iv' t p( REVISIONS' (describe) 1. East Elevation Historic Name: 2, South Elevation 3, West Elevation 4. North Elevation Is there an HOC survey form for this building? Yes No 'Cloud on drawings and submit photographs of existing elevations, Foundation: Height Exposed f\ Block BlockDia~~~~ OF W~~~ Tt~p~f PERFORMED Masonry Chimney: Block Parged Brick (type) Other --- Roof Pitch: Main Mass ~/12_ Secondary Mass ---4-_/12_. Dormer ~/12_ Rooting materiai: (<.Asphalt Manufacturer Iff\) ~C~I-I! lr-,c;Cf?A1.. s:.. Fiberglass Manufacturer _._____, ____.__..__ Wood (Type: Red Cedar, White Cedar, Shakes, etc.) Skylights (flat only): Manufacturer Model No, Size f Poured Concrete Piers Other Fence: Height: Length: Type: Location Location Manufacturer Model No, Size 3utters: Wood (type) Aluminum Copper ,eaders (material and size): ~~d,,'ol,:,,!jleS Other 'rim: Lumber type Treatment )<cedar (J Natural to weather Clear iI finish Fascia ~ 'f ~, Rake C;;y" ,1> Frieze Window Casing o/fq Windows: /"1 Double Hung lCasement All Wood Other ?t True Divided Lights(muntins) Snap-in Grifles Doors (type and material): Front "'-.lc-,, "D Garage Door(s): Type :'-l':Jl': {l andscape materials: Driveways c,n (\ Vl';" L-, Note: Complete door and window schedules are required, Pine Re inches) Front only Paint Dimensions: Soffit (Overhang) Door Frame y 7 ,)( Y Corner boards .; / '{ ~ b , Posts: Round _ Square _ Rear Side Material Walkways Walls idewall N If-T\ "", A1- rim IV ,<t-rvn AL- eck Attach manufacturer's color samples, ~OLORS Clapboard (If applicable) Sash 7iZM,-,J Foundation A/,W 1(',1-\1 Roof Doors Fence l]i-r:~ lA], (:'.A1\,V] / ,V'/J-t1-1?./\1.-. / I Shutters 1ereby authorize the agent named above to act on my behalf to make changes in the specifications or the plans contained in this application in order to bring the lplication into compli nce with the HOC guidelines, I hereby agree to abide by and comply with the terms and conditions of this application, I hereby agree that the Ibmission of an re si ns to this application will initiate a new sixty-day review ' ate Si nature of owner of record /\./' Si ned under enalties of e'u if 3~ 00 Town of Nantucket RECEIVED BOARD OF ASSI;SSORS SEP 11 2002 TOWN OF NANTUCKET, MA , ZONING BOARD OF APPEALS LISTOF PARTIES IN INTEREST IN THE MA ITER OF THE PETITION OF PROPERTY OWNER...~~.J..~......~........ MAIUNG ADDREsS.f.P.~....7':tL.5.1~~~q- f'II ~.. t)Z~ '1 PROPERT~ LOCATION.... I .~.... ft.?!7i.e:rrL.....,.. .ftVL.,..,.. , CJo -1St! ASSESSORS MAP/PARCEL...... .D....... ......... ................. .................. APPLiCANT"...... .l3G'.J.......... .~~ri:..............................,.. SEE A IT ACHED PAGES I certify that the foregoing is a list of persons who are owners of abutting property, owners of land directly opposite on any public or private street'or way; and abutters of the abutters and all other land owners within 300 feet of the property line of owner's property, all as they appear on the most recent applicable tax list (M,G.L. c. 40A, Section 11 Zoning Code Chapter 139, Section 1 39-29D (2) , ,Jpt13 T.f? 4d.<!- DATE "' ~~...a/t1~ ASSESSOR'S OFFICE Town of Nantucket tn .~ ~ J,J rn .r-f ~ ...:If:il rn llo:: 1-1 U P ~~ ~~ ~ l:l 0 M "" ~ ~ ~ ~ ~ ~ ~ ~ ~ .... 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