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Home My WebLink About059-08 First Sun LLC FEE: $300.00 NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 APPLICATION FOR RELIEF CASE NO. O\1~{)f Owner's name(s):First Sun, LLC Mailing address: c/o Sarah F. Al er P.C. Two South Water Street Nantucket Massachusetts 02554 Applicant's name(s): Mailing address: Locus address: 86 West Chester Street Land Court Plan/Plan Book & Page/Plan File No.:PIan Book 23, Page 1 Lot No.: 2 Date lot acquired: 12/15/2005 Deed Ref.lCert. of Title: Book 966, Page 2 Zoning District:ResidentiaI_2 Uses on Lot- Commercial: None.2L Yes (describe) Residential: Number of dwellings ~ Duplex _ Apartments_Rental Rooms Building Date(s): All pre-date 7/72? no or C ofO(s)? no Building Permit Nos: 688-07, Previous Zoning Board Application Nos.: none State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities: Assessor's Map/Parcel: 41/533.1 Please see Addendum attached d OJ .)-..~ -" = c..-:: ::iJ \D I certify that the information ~ knowledge, under the pai~,an //" .'/" . / / ./ 2 i d herein is substantially complete and true to the be.!t of my nalties of perjury. SIGNATURE: (If not owner or ow r's Applicant Attorney/Agent ~/ close proof of agency to bring this matter before the Board) FOR ZBA OFFICE USE Application received on:_/_/_ By: Complete: Need copies?: Filed with Town Clerk:_/_/_ Planning Board:_/_/_ Building Dept.:_/_/_ By: Fee deposited with Town Treasurer:-" -"_By: Waiver requested?:_ Grauted:-" -"_ Heariug notiee posted with Town Clerk:-"_I_ Mailed:-"_I_ I&M:-" _1_ & -"-"_ Hearing(s) held on:-" -"_Opened on:-" -"_Continued to:_I_I_ Withdrawn?: -" -"_ DECISION DUE BY:-,,-,,_ Made:-" -"_ Filed wffown Clerk:_I_I_ Mailed:_I-,,_ DECISION APPEALED?:_/_/_ SUPERIOR COURT: LAND COURT Form 4/03/03 ADDENDUM Assessor's Map 41, Parcel 533.1 86 West Chester Street Residential-2 Deed Book 996, Page 2 Plan Book 23, Page 1 Lot 2 Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law ~139-16 (C) 2 to validate a reduction of the front yard setback from thirty feet to 29.04 feet. Applicant received Building Permit No. 688-07 dated July ~O, 2007 to construct a garage/studio. In the course of constructing the structure, he hired a licensed surveyor, Blackwell and Associates, Inc. to survey the property. Such a survey was undertaken. The Applicant used the survey in siting the garage himself. Unfortunately, he miscalculated the distance to the street and he sited the garage approximately one foot with in the setback. The Applicant is seeking a Special Permit under By-law Sections 139-16 (C)2 to validate the unintentional intrusion. All other zoning requirements have been met. The Applicant requests that the Board grant the requested relief as it is in harmony with the intentions and purposes of the By- law and the minimal intrusion to the abutters is far outweighed by the burden of removing the structure. Town of Nantucket Web GIS - PrintabIe Map Page 1 of2 Town of Nantucket Web GIS '00 '" I f Prop ID Address Owner Sale Date Sale Price Book/Page Lot Size 41 533.1 86 W CHESTER ST FIRST SUN LLC 5 KITE HILL LANE NANTUCKET, MA 2554 12/15/2005 $1,750,125 00996/0002 0.72 acres NOT A LEGAL DOCUMENT 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 (.::Qnnr.::tnhir Tnfnrm~tinn C::v<:t~m rr.::Tc:::.\ r1.::tt;:th.:::t~~ Town of Nantucket, Mass Map Composed l_~__.ln___.L ________ _ _~__I_____""____l__.I.__ _ IT"\ o. .I 11 ...... lYeST C/fes (Puellc - JlA;;eR STReeT .I"QJ;ff..QF -I~IIfJ..EIJ.. WA y Able 1Y1/)1'1f) dHCB - ""' FNO. \ r---- 11~.68'\ I CURRENT ZONING CLASSIFICATION: Residential 2 (R-2) MINIMUM LOT SIZE: 20.000 S.F. MINIMUM FRONTACF:: 75 FT. FRONT YARO SETBACK: 30 FT. REAR/SlOE SETBACK: /0 FT. GROUNO COVfR % : /2.5% EXISTING: 3/.~62rS.F. SEE PLAN SEE PLAN SEE PLAN 9.4:1:% 41-533 N/F BRAUN, ELIZABETH B. DEED BK. 236 PG. 24 PLAN BK. 23 PG. 1 LOT 1 \ I " GR ANI TE .......... STEP '\ ~, \ { \ \ \ / J PE'AsroNE / , ORIVfWA Y / .........--/ 41-343 N/F LEVY. JOYCE DEED BK. 743 PG. 31 PLAN BK. 22 PG. 125 LOT 3 It " '" ~ 41-342 N/F TOWN OF NAN TUCKer DEED BK. 164 PG. 228 PLAN FILE 8-A LOT 5 LECENll dhCB. OENOTES CONCRETE BOUNO WITH ORILLHOLE FOUND CB · DENOTES CONCRETE BOUND WITH OISK FOUND W/DrSK ODS DENOTES OUTDOOR SHOWER BUILDING LOCATION PLAN OF LAND IN NANTUCKET, MASS. SCALE: 1-=40' DA TE: JUNE 30. 2008 THIS PLOT PLAN WAS PREPARED FOR THE TOWN OF NANTUCKET BUILDING DEPARTMENT ONL Y ANO SHOULD NOT BE CONS/OEREDA PROPERTY LINE SURVEY. THIS PLAN .sHOULD NOT BE USED TQ EST ABlISH PROPERTY lINES. FENCES. HEDGES OR ANY ANCIllARY STRUCTUReS ON THE PReMISES. THe PROPERTY LINeS SHOWN RCl Y ON CURReNT DeEDS AND PLANS OF RECORD. THIS PLOT PLAN IS NOT A CeRTlFICA TlON AS TO TITLE OR OWNeRSHIP OF THe PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIeS ARE SHOWN ACCORDING TO CURRENT ASSESSOR RECORDS. Owner: . . . FIR$T. .SUN .'-:LQ.. . . LOT 2 Deed: . . E?K.~9.6 PCn. Plan: PL~'Y t3i(.. 23. .PG: t Locus: /~f! .V'(E.S.T. C?'!E.S.T~,! .S.Tf/~~~ . . . r,\f'.....-; I .106' 2' v,",,,,,,,,",\I>R(J.J'At:N>B6liU\ p '-.x.-tlfI."..,.. 8/t/Joo. ':(H:IlJ pU all ASSESSOR MAP:. 41. . . . PARCEl: .5~.::3.1 BLACKWELL and ASSOCIATES, Inc. Professional Land Surveyors 20 TEASDALE CIRCLE NANTUCKET, MASS. 02554 (508) 228-9026 B6652 jj $..0.0 Town of Nantucket ZONING BOARD OF APPEALS RECEIVED BOARD OF ASSESSORS JUL l' 6 2008- TOWN OF . NAAT~CKET, MA , COo LIST'OF PARTIES "IN INTEREST' IN THE MATIER OF THE PETrrION OF- . . . '. r . -1-. C LLC- . PROPERTY OvrNER:... .r.\rf:>.l...~n.&.... .HU..... II ... II..'.... I" It ... ...... . . . . MAILING ADORE.SS.... II ... II' .... II II 41 II ..,; :.. ............. ..... .... ...... 1,.,1......... PROPERTY LOCATION... .B.Co. ...W~S+..C~tt.5+ .i... ....... ASSESSORS ~APIPARCE{.. :1.\! 633.~..L..;............................... APPLICANT.... ..&m.h.. E... .lli~r." J?: .(!.................. ...... ... . . SEE A IT ACHED PAGES I certify that the foregoing is a list of persons w~o arc owners of abutting property, owners ~f land directlv opposite on any public or private street or way; and abutteR of thc abuttcrs 'and all other land ownors within 300 feet of th~ propcrty Iiqe of own~r's prop.erty, all as they appear ?n tho mo~t reccnt applicablc tax list (M.G.L. c. 40A, Section 1 ~ Zoning Code Chapter P9':. Section 139.29D (2) !J:!t / tY d.-oo I ....... ..... .tfj...... .... TE . . ;JF- )/.jf,kJ ..r~.'.'.'.'.i" ASSESSOR'S qF~ICE . 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H V. :3:'"' >H lZ G"J f ... .... ... tl III ~ ~ II . II '" d c.o z :::J <:: TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554i~ --" ~ - :~ ...... ~ Date: November 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. : 059-08 Owner/Applicant: First Sun, LLC 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 gi en to the Town Clerk so as to be received within such TWENTY ) days. Chairman Mic 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 86 West Chester Street, Nantucket Assessor's Map 41, Parcel 533.1 Plan Book 23, Page I, Lot 2 Book 966, Page 2 Residential - 2 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals on Friday, October 10, 2008, at 12:00 P.M., at 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the Application in Zoning Board of Appeals FiIe No. 059-08 of First Sun, LLC c/o Sarah F. AIger, P.C, Two South Water Street, Nantucket, MA 02554. 2. Applicants are requesting SpeciaI Permit relief pursuant to Nantucket Zoning ByIaw Section 139-16C(2) (unintentional setback intrusion) to validate the location of the garage/ studio. The garage is located 29.04 feet from the front yard lot line in a zoning district that requires a thirty (30) foot front yard setback. All other intensity regulations are met. The site is located at 86 WEST CHESTER STREET, is shown on Nantucket Tax Assessor's Map 41 as ParceI 533.1, is show as Lot 2 in Plan Book 23, Page I, and is recorded at the Nantucket County Registry of Deeds in Book 966, Page 2. 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 counsel, represented that the garage/studio was sited by the AppIicant. During the process of constructing the structure, a licensed surveyor was hired to survey the property. The Applicant used this licensed survey to site the garage himself. In doing so, the Applicant mistakenly sited the garage/ studio approximately 29.04 feet from his front yard lot line in a zoning district that requires a thirty (30) foot front yard setback. Given that the violation was unintentional and resulted in an intrusion into the setback of less than five (5) feet, special permit relief is available to validate the intrusion. 5. The Board finds that the burden of correcting the intrusion substantially outweighs any benefit to an abutter of eliminating the intrusion, and that the intrusion occurred even though the applicant relied on a survey prepared by a licensed survey firm. The Board also finds that the issuance of a speciaI permit to validate the siting of the garage/studio under these circumstances is in harmony with the general purpose and intent of the Zoning By-Iaw. 8. AccordingIy, by a motion made and duly seconded to GRANT the requested relief by SPECIAL PERMIT pursuant to Nantucket Zoning Bylaw Section 139-16(C)(2) to validate the siting of the garage/ studio as shown on the plan attached as Exhibit A, there were four votes in favor and one opposed (Toole). Subsequently, relief was granted with the following condition: (a) No further alteration to the portion of the structure that is situated within the setback shall take place without further relief from this Board. SIGNATURE PAGE TO FOLLOW 2 Dated: ~008 MarkW. ~ >- -'~ Burr Tupper Nantucket, ss. COMMONWEALTH OF MASSACHUSETTS November /4-, 2008 On this l4--'day of November, 2008, before me, the undersigned Notary Public, personally appeared I.!:urr ~jlJper , 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. ~'--fi~ Notary PubIic: ~S~A..-JC1A~ My commission expires: Marc}, ~~, ;J()/3 3 /YEST CUES (PuBlic - JlA.!;ER STREET fQg..QFJff~Yn.El2.. WA r ABle "IIJ7'Jf) dHCB - ~ FND. \ r---- "4.68'\ / CURRENT ZONING CLASSIFICATION: Residential 2 (R-2) MINIMUM LOT SIZE: 20,000 S.F. MINIMUM FRONTAGE: 75 FT. FRONT YARD SF:TBACK: JO FT. REAR/SlOE SF:TBACK: 10 FT. GROUND COvrR X : 12.5X EXISTING: J 1,462i:S.F. SEE PLAN SEE PLAN SEE PLAN 9.4i:X 41-533 N/F BRAUN, ELIZABETH B. DEED BK. 236 PC. 24 PLAN BK. 23 PC. 1 LOT 1 \ I " GRANITE .......... STEP " ,..- " \ I \ \ \ / I PE'AsT'ONE / , DRlvrWA Y / '-_/ 41-343 N/F LEVY, JO YCE DEED BK. 743 PC. 31 PLAN BK. 22 PC. 125 LOT J ~ 41-342 N/F TOWN OF NAN TUCKEr DEED BK. 164 PC. 228 PLAN FILE 8-A LOT 5 LEGEND dhCB. DENOTES CONCRETE BOUND mTH DRILLHOLE FOUND C8 · DENOTES CONCRETE BOUND mTH DISK FOUND W/DISK 005 DENOTES OUTDOOR SHOWER BUILDING LOCATION PLAN OF LAND IN NANTUCKET, MASS. SCALE: 1"=40' DA TE: JUNE 30. 2008 THIS PLOT PLAN WAS PREPARED FOR THE TOWN OF NANTUCKET BUILDING DEPARTMENT ONL Y 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 REL Y ON CURRENT DEEDS AND PLANS OF RECORD. THIS PLOT PLAN IS NOT A CERTlF/CA TlON AS TO TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT ASSESSOR RECORDS. Owne,: . . F1RS.r. .SUN L.I_.p.. LOT 2 Deed: . . BK.~9.6. ':G.? Plan: ?L~N f3K.. 23, .PG t Locus: .I1!~ . W:E.S.T. ql-!E.S.r~FJ .S.r.R~~~ . . . ;<:~~.:~:. ~~'..eGfl~2\ u 4-Jto-O$.o-q ll/fl2OM ',04:0J PI.I (01 ASSESSOR MAP:. 41.. . PARCEl: .5~~.~ BLACKWELL and ASSOCIA TES. Inc. Professional Land Surveyors 20 TEASDALE CIRCLE NANTUCKET. MASS. 02554 (508) 228-9026 B6652