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Home My WebLink About115-07 -, TOWN OF NANTUCKET s BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554~ co g , :J :::;:: == :::a N l::. N Date: March 20 ,2008 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 115-07 Owner/Applicant: Elaine Boehm 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. t1 / ,"0 -h i LtC- J D i ~ [}8()) Mich 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 73 Parcel 3.1 Residential-2 Land Court Plan File 40- Y Book 374, Page 201 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. 115-07 of ELAINE M. BOEHM, 65 New Street, Siasconset, Nantucket, Massachusetts 02554. 2. The applicant is seeking relief by special permit under Zoning Bylaw 139- 16( C) (special permit to reduce the ten-foot side and rear lot setback distance from ten feet to five feet) in order to reduce the setback distance from ten (10) feet to five (5) feet because the previously constructed deck encroaches into the setback. The site is located at 65 New Street, Siasconset, is shown on Tax Assessor's Map 73 as Parcel 3.1, and is recorded in the Nantucket Registry of Deeds in Book 374, Page 201. 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 represented that the deck, which was constructed in 2002, is currently sited in the setback. The deck is sited as close as i:8.4 feet to the side lot line in a district that requires a ten (10) foot side setback. This nonconformity was the result of a construction error by the contractor. The Board considered the error to be inconsequential because the 1.6 foot encroachment into the setback was so minor and because it was the result of a contracting error. Therefore, the Board found that allowing the deck to remain within the setback would not be substantially more detrimental to the neighborhood and is in harmony with the general purpose and intent ofthe Nantucket Zoning Bylaw Section 139-16C(I). 5. Accordingly, by a UNANIMOUS vote of 5-0, the Board of Appeals decided to GRANT the requested relief by SPECIAL PERMIT pursuant to Nantucket Zoning Bylaw Section 139-16 (C) to allow the existing deck with the following conditions: a) The side yard setback distance be reduced from 10 feet to 8.4 feet; and b) All work shall be in compliance with the plan entitled "As-Built Plot Plan of 65 New Street in Nantucket, Massachusetts" prepared by Nantucket Surveyors, LLC dated December 28,2006. SIGNATURE PAGE TO FOLLOW 2 / Dated: M,ydtl3 ,2008 ~, --, \ \ ~ Lisa Botticelli COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. March I" ,2008 On this I J "\"L~ f March 20 8" before, me, the undersigned N DIary Pub lie, personally appeared ~ If/) , 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: V.ell't' SM I'..MICI'~ My commission expires: 1tA,t,J. ~J, ~~ 3 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 PUBLIC NOTICE ~ "1] -1 0 .' , I .,. c::::l :iE ;", - 2" CJ ~ , -- , \. , r-- r-r'"'i a " -" 0 (.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 AM. 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, or e-mailed to jbreschett'i>>nantucket- ma.~ov ELAINE BOEHM, FILE NO. 115-07 The applicant is seeking relief by special pennit under Zoning Bylaw 139-16( c) (special pennit to reduce the ten-foot side and rear lot setback distance from ten feet to five feet) in order to reduce the setback distance from ten (10) feet to five (5) feet because the previously constructed deck encroaches into the setback. The site is located at 65 New Street, Siasconset, is shown on Tax Assessor's Map 73 as Parcel 3.1, and is recorded in the Nantucket Registry of Deeds in Book 374, Page 201. 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile r ~ ) , .It,, . _,I <<'1' ' . . ~~' NANTUCKEt ZONING BOARD OF APPEALS .. i, 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 FEE: $300.00 APPLICATION FOR RELIEF CASE No.Jl~ "0, Owner's name(s):-El 'd; n e Mailing address: Applicant's name(s): Mailingaddress:~O 'BOx. ti 'J3 . , Locus 'address: h!) Ne-w S+, I Sc.1)n~* Assessor's'MaplParcel: 73.3" I Land Court PlanlPlan B~ok & PagelPlan File NQ.: 10.". Y '" " Lot No.: . Date lot acquired:_I_/__ Deed Ref./Cert. of Title: 3., 4 / I)() I_Zoning District:-.R - :J- '. . ' . :Uses on Lot- Commercial: None$-Yes (describe) Residential: Number of dwellings~ Duplex---.: Apartments . Building Date(s): All pre-date 7/721 or Building Permit Nos: I aso - 0 J Previous Zoning Board Application Nos.: Boe.h m "3 Rental Rooms C of O(s)? State below or on a separate addendum specific reli~f sought (Special Permit, Variance, Appeal), Section' of the Zoning By.;.law, and supporting details, grounds for grant of relief, listing any existing nonconformities: S peciel Perm\-\- Selu~h+ to reduce -!-he te~-tocfr side M\d rNr lot _j) SetbQc$ ai'?>lcY'C.€ in $\<;+nG~ R-Io '\..Y\\ Ii?- ~roV\-l /0 ~eet +0 ~1eet. ( Zont'V'j bj!~tu,c : E~epl-'on~ Par ,yarb 13'1- s3E"(~) " J\. 0\- " }V0nconFbrrn\-\-~: ~e o-P WooAendeck: ~SUYl5 8.4 - q.L/ fa thE.) \~e. I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: ~~ lJ{.I3~ . Applicant Attorney/Agent (If not owner or owner's attorney, plea,se enclose proQf of agency to bring this matter before the Board) FOR ZlJA OFFICE USE Application received on:_/_I_ By: Complete: Need copies?: Filed with Town Clerk:_/_I__ Planning Board:_I_I_ Building Dept.:_I_I_ By: Fee deposi~ed with Town Treasurer:_I_/_ By: Waiver requested?:----.:-Granted:~_I_ Hearing notice posted with Town Clerk:_/ _/_ Mailed:_I_I_ I&M:_I_I_ & _1_1_ Hearing(s) held on:_/_/_, Opened on:-!_I_ Continued to:-1_I_ Withdrawn?:_I_I_ DECISION DUE BY:_I_I_ Made:_I_I_ Filed wrrown Clerk:_I_/_ Mailed:_I_/_