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Home My WebLink About116-07 --I.." 0--' d en ::0 :>---: ::;c: ::t::> :::t:J 1;""- -.... ~ ~ TOWN OF NANTUCKET_ . BOARD OF APPEALS' NANTUCKET, MASSACHUSETTS 02554~ .-& w \' B o Date: March 13 ,2008 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 116-07 Owner/Applicant: Harry T. Rein and Susan D. Rein 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 iven to the Town Clerk so as to be received within such TWENTY (2 ) 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 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 29, Parcel 68 1 Henry Street Residential-1 Plan Book 24, Page 3 (No lot number) Deed, Book 541, Page 282 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, January II, 2008, at 1:00 P.M., at 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of HARRY T. REIN and SUSAN D. REIN, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 116-07: 2. The Applicants are requesting a Special Permit under Nantucket Zoning By-law ~139-33.A(4) and (8), in order to, construct an addition to a pre-existing, nonconforming garage structure which is sited about one (1) foot from the northeasterly side lot line; minimum side yard setback in this district is five feet. The addition would not be closer to the northeasterly side lot line that the existing setback of one (1) foot. The locus is also improved with an existing single-family dwelling and conforms to all other applicable zoning requirements. The locus is situated at 1 HENRY STREET, Assessor's Parcel 29-68, is shown upon a plan recorded with Nantucket Deeds in Plan Book 24, Page 3, and is within a Residential-2 zoning district. 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. There was no Planning Board recommendation, on the basis that no matter of planning concern was presented. There was a letter in support from the direct abutter presented at the public hearing; otherwise, there was no support nor opposition presented at the public hearing. 1 4. The Board of Appeals members hearing the application noted that an attached shed with oil tank extended from the southeasterly side of the garage slightly farther into the side yard setback than the southeasterly corner of the garage. At the public hearing, the Applicants agreed to move the shed and oil tank so that they would be entirely outside the setback area. The proposed configuration as agreed upon at the hearing is as shown upon a sketch plan by Emack Surveying dated November 26, 2007, revised February 5, 2008, a reduced copy of which is attached hereto as Exhibit A. 5. Based upon the facts that the enlarged garage would extend no further into the setback than the existing structure, that no new nonconformity would be created, that the shed and oil tank would be moved outside all setback areas, and that support was expressed from the direct abutter, the Board of Appeals, by UNANIMOUS vote, made the finding that the proposed alteration to the pre-existing, nonconforming garage would not be substantially more detrimental to the neighborhood than the existing nonconformities, and GRANTED relief by Special Permit, subject to the following conditions: (a) The height of the addition shall be no higher than the existing building; and (b) The oil tank and shed shall be removed from the setback, as shown upon Exhibit A. SIGNATURE PAGE TO FOLLOW 2 Dated: 1141eh I~, 2008 COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. March &, 2008 *' On this I ~ day of March, 2008, before me, the undersigned Notary Public, personally appeared ./Jury 7U J1'~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. ~r~ Notary Public: Venl'.s5'l K. MtJtJ''''' My commission expires: M. r-eJ, ~, ~/3 3 ~ ~~ 0f\;, III I '" <.0 - '" '" '" U ..J ~4. # ~ ~ <"&'l &~ ;p~ 1>l> NOTE: GARAGE DOES NOT CONFORM TO CURRENT ZONING REQUIREMENTS WITH RESPECT TO SIDE YARD SETBACK CI)RRE~!T ZON!~!G: R-1 MINIMUM LOT SIZE: 5000 SF MINIMUM FRONTAGE: 50 FT FRONTYARD SETBACK: 10 FT SIDE AND REAR SETBACK: 5 FT (10FT FROM ALL STREETS) ALLOWABLE G.C.R.: 30% EXISTING G.C.R.: 20.3%:t (PROPOSED: 22.9%:t) DWELLING G.C: 1810:tSF GARAGE G.C: 350:t SF (660:t SF PROPOSED) FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN RELIES ON CURRENT DEEDS AND PLANS OF RECORD. VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TITLE EXAMINATION OR A RECORDABLE SURVEY. N.B. 16 142 ~ </0-1. "",9 'V 4,- " . 0. 6'.> ~~S' 1'~ .~ ,,<<-' ~. ':l .,<>;<:::)'v' /~'?' ~ ~." ~ ~ -<?of: PLOT PLAN TO ACCOMPANY APPLlCA TION TO THE ZONING BOARD OF APPEALS IN NANTUCKET, MASSACHUSETTS SCALE: 1"=20' DATE: NOV 2b, 2UU/ REV: FEB 5, 200B DEED REFERENCE: DBK 541, PG 282 PLAN REFERENCE: PLBK 24, PG 3 ASSESSOR'S REFERENCE: MAP: 29 PARCEL: 68 PREPARED FOR: HARRY T. & SUSAN D. REIN EMACK SURVEYING 2 WASHAMAN AVENUE NANTUCKET, MA. 02554 (SOB) 325-0940 J-B97 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA02554 ~ :AJ ---1 :.;:r ~}> :.L Ci i-'- r-", ....... ~ t : c::l C':l ~ , ) PUBLIC NOTICE ;g a (.j N A PUBLIC HEARING of the NANTUCKET ZONING BOARD OF APPEALS is scheduled for 1:00 PM January 11, 2008 in the Conference Room at2 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, ore-mailed to jbreschen1>>nantucket- ma.gov HARRY T. REIN AND SUSAN D. REIN, FILE NO. 116-07 The applicants are seeking special permit relief under Zoning Bylaw 139-33A( 4) and (8) (alteration of pre-existing, nonconforming structures and lots) to construct an addition to a pre- existing, nonconforming garage. The addition will not encroach further into the setback. The site is located at 1 Henry St:reet, is shown on Tax Assessor's Map 29 as Pan:el68, and is shown in Plan Book 24, Page 3. 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. ll~...01 Owner's name(s): Harry T. Rein and Susan D. Rein Mailing address: c/o Reade. Gullicksen. Hanley & Gifford. LLP Phone Number: 508-228-3128 E-Mail: air@readelaw.com;slc@readelaw.com Applicant's name(s): Same Mailing Address: 6 Young's Way. Post Office Box 2669. Nantucket. Mass. 02584 Phone Number: E-Mail: Locus Address: 1 HentY Street Assessor's Map/Parcel: 29-68 Land Court Phm/Plan Book & Page/Plan File No.: 24-3 Deed Reference/Certificate of Title: 541-282 Zoning District Residential-1 Uses on Lot- Commercial: None -1L Yes (describe) Residential: Number of dwellings 1 Duplex Apartments Date of Structure(s): all pre-date 7/72 x or Building Permit Numbers: Previous Zoning Board Application Numbers: 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: The applicants request a Special Permit under Nantucket Zoning By-law ~139-33.A(4) and (8), to construct an addition to a pre-existing, nonconforming garage structure which is si ted about 1.0 foot from the northeasterly side lot line; min~um side yard setback in this district is 5 feet. The addition will not be closer than the existing setback of 1.0 foot from the lot line. The locus is also improved with an existing single-family dwelling, and is in conformity with all other applicable zoning requirements. 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: HARRY T. REIN and SUSAN D REIN SIGNATURE~Y: __ I. ~i Arthuf I. Reade, Jr., Attorney *If an Attorncy or other }..gent i3 rcprc3clltlng thc Owner or the Applicant, plc1l.3C provide a 3igflcd proof of agency. Owner* .A.pplicantl Attorney I Agem* OFFICE USE ONLY Application received on:_1 _1_ By:_ Complete:_ Need Copies:_ Filed with Town Clerk:_1 _I _ Planning Board:_1 _I _ Building Dept.:_1 _I _ By:_ Fee deposited with Town Treasurer:_1 _I _ By:_ Waiver requested:_ Granted:_1 _I _ Hearing notice posted with Town Clerk:_1 _I _ Mailed:_1 _I _ I&M_I _I _ &_1 _I _ Hearing(s) held on:_1 _I _ Opened on :_1 _I _ Continued to:_1 _I _ Withdrawn:_1 _I _ Decision Due By:_1 _I _ Made:_1 _I _ Filed w ITown Clerk:_1 _I _ Mailed:_1 _I _ 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile Town QfNantucket Web GIS - Printable Map Page 1 of 1 Town of Nantucket Web GIS ..1 2918 ~_~gNAV o 29 120 9 123ft Prop ID Address Sale Date Sale Price Book/Page Lot Size 2968 1 HENRY ST 07/11/1997 $0 00541/0282 0.24 acres NOT A LEGAL DOCUM ENT For general reference only: Important caveats which must be considered when using this data are available from the Nantucket GIS Coordinator. Disclaimer The information displayed on this or any other map produced by The Town of Nantucket is for reference purposes only. The Town of Nantucket does not guarantee the accuracy of the data. Users are responsible for determining the suitability for individual needs. All information is from the Town of Nantucket Geographic Information System (GIS) database. ~-. '\\ I), .1'\ /1' (, p 't"-"/ \ J\ ./i ~~ ..... _._m__._...~'.".,. r-t Y ,,"," /'* ~""'''''''''h ^'-- -..-.......--...----...---.-- Town of Nantucket, Massachusett~ Map Composed 12/5/2007 Copyright 2005 Town of Nantucket, MA. All rights reserved. Developed by AppGeo http://host.app geo.com/nantucketma/PrintableMap .aspx?Preserve= Width&Map Width=43 2&Map... 12/512007 III I .., <.0 Ol <.0 .., U ..J ~ 1l 0f\;, ~ ~~ ~ ~ <"& 'l &,A ~~ 1>l> NOTE: GARAGE DOES NOT CONFORM TO CURRENT ZONING REQUIREMENTS WITH RESPECT TO SIDE YARD SElBACK CURRENT ZONING: R-1 MINIMUM LOT SIZE: 5000 SF MINIMUM FRONTAGE: 50 FT FRONTYARD SETBACK: 10 FT SIDE AND REAR SETBACK: 5 FT (10 FT FROM ALL STREETS) ALLOWABLE G.C.R.: 30% EXISTING G.C.R.: 20.3%:!: (PROPOSED: 22.9%:t) DWELLING G.C: 1810:!: SF GARAGE G.C: 350:!: SF (625:!: SF PROPOSED) FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN RELIES ON CURRENT DEEDS AND PLANS OF RECORD, VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TITLE EXAMINATION OR A RECORDABLIE SURVEY. N.B. 16 142 ~ ""0-1. "',9 'V .f,r " . Q~'> 1'~ .~ ~. ~' ~OJ 9<V' "fv'Of /~ re> ,. ~<<- ~ 'Of ~ PLOT PLAN T ACCOMPANY APPLICATION TO THE ZONING BOARD OF APPEALS IN NANTUCKET, MASSACHUSETTS SCALE: 1"=20' DATE:NOV 26, 2007 DEED REFERENCE: DBK 541, PG 282 PLAN REFERENCE: PLBK 24, PG 3 ASSESSOR'S REFERENCE: MAP: 29 PARCEL: 68 PREPARED FOR: HARRY T. & SUSAN D. REIN EMACK SURVEYING 2 WASHAMAN AVENUE NANTUCKET, MA. 02554 (508) 325-0940 J 897