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Home My WebLink About114-07 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: kb./I ,2008 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 114-07 Owner/Applicant: Ron Russo -1- C g .~Ti ~ "'"T'1 fT1 ~ c-., I - - \J N o co 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 ( 0) days. 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 FAIRGROUND ROAD NANTUCKET, MASSACHUSETTS 02554 Assessor's Map 60.3.1 Parcel 9 Residen tial- 2 34 Massachusetts Avenue Certificate of Title 11240 1. At a public hearing of the Nantucket Zoning Board of Appeals on Friday, January 11, 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. 114-07 of RON RUSSO of34 Massachusetts Avenue, Nantucket, MA 02554. 2. The Applicant is seeking Variance relief under Zoning Bylaw 139- 32(variances) to relocate the existing cottage into the setback because of severe coastal erosion. Applicant is seeking to be ten (10) feet from Massachusetts Avenue and five (5) feet from Pennsylvania Avenue. In order to maximize the safety and longevity of the cottage, Applicant is seeking to be sited within the setback requirements. The site is located at 34 Massachusetts Avenue, is shown on Tax Assessor's Map 60.3.1 as Parcel 9, and is registered in the Nantucket Registry of Deeds as Document No. 11240. 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. 4. Applicant, through representation, explained that due to severe coastal erosion, the house had to be relocated in the setback. By moving the house ten (10) feet from the front lot line and five (5) feet from the side lot line, the safety and the longevity of the cottage has been maximized. Accordingly, at the hearing on January 11, 2008, a motion to approve the requested relief was made based on the finding that due to the circumstances relating to the soil conditions, shape or topography of the land, enforcement would involve substantial hardship, financial or otherwise. 5. Accordingly, by a UNANIMOUS vote (5-0), the Board of Appeals decided to GRANT the requested relief by VARIANCE pursuant to Nantucket Zoning Bylaw Section 139-32 to allow the structure to be resited in the setback by being ten (10) feet from Massachusetts Avenue and five (5) feet from Pennsylvania Avenue. Dated: ~ I" ,2008 u' ,~::r ~~~ BUIT~ ~ .(/ COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. February lL, 2008 On this I "" da~ ofFebrn~08, before me, the undersigned Notary Public, personally appeared Bu.", "JIIfl'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. ~L'/J1hV Notary Public: ~17~~k jMa:rt' My commission expires: ., I>>II~ 2 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA02554 PUBLIC NOTICE d -.J :7.J ~ Cl ., C) iTl ....:-:;:: - .~ ',,<:,;.,.., CJ , :~'~: N . ! , ~ r r'. a 0 I , ...,~ . i.:J ~ - A PUBLIC HEARING of the NANTUCKET ZONING BOARD OF APPEALS is scheduled for 1:00 PM January 11, 2008 in the Conference Room at 2 Fairgrounds Road, Nantucket, MA, 02554. The application materials may be reviewed at the Zoning Board of Appeals office at 2 Fairgrounds Road, Nantucket, MA 02554 between the hours of 8:30 A.M. and 4:30 P.M., Monday through Friday. Written comments for the January 11, 2008 meeting must be received by 4:30 PM on Wednesday, January 2,2008 and may be addressed to the Nantucket Zoning Board of Appeals at the above address, faxed to (508) 228-7298, ore-mailed to jbresche1tf1)nantucket- ma.gov RON RUSSO, FILE NO. 114-07 The applicant is seeking variance relief under Zoning Bylaw 139-32 (variances) to relocate the existing cottage into the setback because of severe coastal erosion. The site is located at 34 Massachusetts Avenue, is shown on Tax Assessor's Map 60.3.1 as Pan:el9, and is registered in the Nantucket Registry of Deeds as Document No. 11240. 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228.7298 facsimile TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $300.00 File No. tl ~..Ol Owner's name(s): ~on ~\JSSO 34 mf\$AC.hlJ~Hs AVl:. Mailing address: Phone Number: 2\'2. 4;.1. ~lI'Z. E-Mail: rf3rb1\m:>\er€ AoI. cem Applicant's name(s): TCAJltj ?~,,\S Inc.. , En Co"" SIAI'-n Mailing Address: R> 'CoX 4~ 1- Phone Number:"" 50~. 2.28. 30~ E-Mail: MAI't!iuJaqPO-ILIf\S"\C.CdVl Locus Address: ~ MAS~~d\USt:.tIs Ave. Assessor's Map/Parcel: (10.3. '.<1 Land Court Plan/PIan ~ & ~Plan File No.: CO(lll /2&.tO Deed Reference/Certificate of Title: t l2.40 Zoning District ~.2. Uses on Lot- Commercial: None ./" Yes (describe) Residential: Number of dwellings I Duplex Apartments Date of Structure(s): all pre-date 7/72 / or Building Permit Numbers: Previous Zoning Board Application Numbers: 2 Fairgrounds Road Nantucket Massachusetts 02554 I\OR-??R_7?11\ tpJpnhnnp I\OR_??R_7?'QR f"rj;l;m;Jp 'FROM =-A>~ liD. 71885'3E,464 Dec. 05 2007 02: 3E.P/1 Pl St.atc below or awu:h a separate adJcndurn of specific special pcnnits or variance rdll:~f applying for: 1 cerc.i.fy that the infortnati.o!'l contained herein is substantially oompktc aad true to the best of my knOWl.,., unde, "'~ f"iDs, ~d P"j,r of petjU<y. SIGNATURE: ./ I Owner* ( SIGNATURE: Applicantl Attorney / Agent" *1f :In Attornc;y or other Agent is representing the OWtlC:1 or the Applicam, please provide jt signed proof of agency. OFFICE USE ONLY l\pplicaoon received 00:_1--..1 _ By:_ Complete:_ Need Copie.s:__ Filed with Town Clcrk:-!'.J _ Phnniog BOlUd:_1 _1_ Building Dept.:j j._ B~':____ Fee depositoowith Town Treasurer:_1 j _ By:.__ Waive.r rcquested:_ Gt.anteI;L_I_j _ Heating notk:c posted With Town Cletk:J J _ Mailed:_/ _I _ T&M-! -! _ &_1_/_ Hcating(S) hdd on:_1 __I _ Opened on :_/ __J_ Continued to:_/ _/ _ Withdta.wo.:-!.__/.__ Decision Due By:_/ --.-!_ 1\.f.aue:::_J _I __ Filed wiT OWtl Clerk:---!, __I _ Mailcd:-./_J _ 2 Fairground/l Road Nantucket M."l;achuslnts 02554 5 0 8. 2 2 8 - 7 21 5 tel c p h O'U e 508.228 - 7 2 9 8 fa c . i 12\ i 1 e 1 ~~.coo. 60- I \ 60-2 ., 81 III 0> to- N W ~b _.~ .~- ,. 5'1 '" --- ~;Of'1d(J~. 1) UJ ::> ~ ~ --- /" ".- /' 75 /' '1\ __- -- -- :lIo 1.\ l. :L l .'~, 60.3.4-1 ..~ .;.----- S.Cl'\USETTS M~S .. -- '~-t ~ ..... ~'-\ -Yo 30.5.4.5 .@ ~ O. ~ @) 60.3.4 Al Jr llAlNJr Ie ((})r1:&:AlM