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Home My WebLink About049-09 Nantucket Islands Land Bank TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $300.00 Fil N _l eo.: ,. . y~ Owner's M"li dd '."'111~~~~~~~''!~'~ at ng a ress.;,>,"" ~,', ,'0' 'iL j<,;,.~\.:",' ,;.16, ,,> ,:<< ,...,<','~ <>,,;. ;,'"e.,' .' {i,,,+" ,q,. ' ~ . ;(,,'. /ii. ;JH:-4;dl", J:j,,.;,d~~j: 1!I.rw.~i'r~1 ,'k b" 1r.',\~~.f;~l11'~;,;y,...-_-; , PhoneNumber:~~E-Mail:~~lB.~~k. 0"3 Applicant's Mailing Address: Phone Locus Address: Asses sor' s Ma p /Parcel::~~1Jrif~~%*1~~~~ir), Land Court Plan/Plan Book & Page/Plan File Deed Reference/Certificate of Zoning Uses on Lot- Commercial: None Residential: Number of dwellings Date of Structure(s): all pre-date 7/72 or Building Permit Numbers: Previous Zoning Board Application 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: ~~~~~ \~9-33.k.~) ~Q..t\.101fA-~ , 't'O-t Ak o-V '5-.or...-m-e.. ~()+pa.-'~-t ) r~~ ~ ~ ... \\ At' pa-o\C ~ 'l'f""l'\.k't.t.- \ -z..." \ . 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~O * ::fig~;.~ c.. c.:.".,[:~~"."" .. ,M' >~ wner Applicantl Attorney I Agent* *If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency. OFFICE USE ONLY Application received on. Complete;IBI Need Copies:~rj{:1~1 Filed with Town Clerk:_1 _I_Planning Board:_1 _I_Building Dept.:_1 j _ BY:~\~l~ Fee deposited with Town Treasu,rer:-,-I _I _ By:ll\j Waiver requested:ri.llt:i Grantedll.llVIi Hearing notice posted with Town Clerk:_1 _III Mailed./~/~ I&MB/m/ll &fIrll/ll Hearing(s) held on. III III Opened on :!~~~/~/'lIiI Continued to:g.llllll WithdrawnlY1VIVII Decision Due By:~/~/~ Madelllll/II Filed w/Town ClerkllVlI1II Mailed:lI/ll/ft~ 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone . 508-228-7298 facsimile N A 1940 Aerials Hither Creek Area 1 inch = 150 feet :;' () 0 ::r II IV 0 0 0 it ~ 0 ~ . . eRr> FN:l. -L "!I 011---- Dtft.I') FN:l. ~ o ~ f!i Vi ~ ~ \::I ~ ll-;;:lO ~t ~ ~ ::l) is ;J> ~ ~ '( _______ .. "'-~".''''''''<,''..,'.,''''-YC.,''''=''' __ - _______n___________.__. __ ______ HTHER CREEK / / RECo;w L ~O -./ CATION +I ':". ,.... N N (Jl U!, 1+ 1;\"'" #48 TENNESSEE AVE AREA = 19,250:i:S.F. * (SCALED) \SCALEO fROM TOWN OF NANTUCKET F.I.R.M. ZONEJ AEJ <EJL. S) ---- ;ONEJ )( <SHADEJD) - 1.:1: * TEMlESSEE A VS; (LAYOUT & TAKING PLAN - PLAN NO. 06-66) (ORDER OF TAKING - l.c.Doc.H117544) S 42"16'35" W ~~,.'..!'I L:L._=~__~. ""f"~ ,'7 PI'?; .~ Iv' v~ v' ~ !;;! ~ r>i '1 !;jl.lt ....lO ~... ~~ "'~ r- ~ IS ~ ~ ..,./,--....,/.-'''~-...,'--..\ f-L""" -'j / . ", , 1+' /'-~ .( ~ ) .r 0 "", \7 I ~ ~ '1 ---!t----:) /~ fIIP'J'-I"'" /// '-./'-' " 20.00' 80.00' PHa'J flIP. eRr> flIP. j * - DENOTES DOES NOT COMPLY WITH CURRENT ZONING REQUIREMENTS. CURRENT ZONING: MINIMUM LOT SIZE: MINIMUM FRONTAGE: FRONTYARD SETBACK: SIDE AND REAR SETBACK: ALLOWABLE G.C.R.: EXISTING G.C.R.: R-20 20,000 S.F. 75 FT. 30 FT. 10 FT. 12.5% 3.5% :t: OVERLAY DISTRICTS: MADAKET HARBOR PROTECTION DISTRICT PROGRESS PRINT 08/25/09 FOR PROPERTY UNE DETERMINATION THIS PLOT PLAN REUES ON CURRENT DEEDS AND PLANS OF RECORD, VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TITLE EXAMINA 11 ON OR A RECORDABLE SURVEY. N.B.5-75 ~ AS BUILT PLOT PLAN #48 TENNESSEE A (;f"; IN NANTUCKET, MASSACHUSETTS SCALE: 1 "=30' DEED REFERENCE: CERT.#22992 PLAN REFERENCE: L. C.PL.#3092-S ASSESSOR'S REFERENCE: MAP: 59.4 PARCEL: 48 PREPARED FOR: NANTUCKET ISLANDS LAND BANK EARLE &- SULLIVAN. INe. PROFESSIONAL LAND SURVEYORS 6 YOUNGS WA Y NANTUCKET, MA. 02554 508-332-4808 ES-117 r \ I ~i""~.J: ~ ~.~:;;:.;.... )ton>n nozO ..,(ZO~ oii~~z ::UCzo-n naU'l-n~ ~l;;g~~ :ii:x;:u>~ ~~~omzO z- ~ Q5~~~ . ~ ~ ~ ~ ::::o9z nVi8:x mz;o: ~g~o >-t~z no.o~ gg:l~)' ~ m ~~ t/l o i I ~ ..-...., .. :. ~ ~ ,I , 4 :1 ~ z~ >~ ~'r-;J8 HL1C ~ ,~:3 X r--::J ...... ~' ~d ~~Oc ~~s ~ ~ x. ~ ~.~ 8~ . . , . ;T& t: ,I I \ i ..\ [ .~ i .. .' " t . - - ~ g 1 j I ,: 1: ~, .1:,' !,: ... .. III ~ C"l '" :t ::: 0 o '" ~ j;j ... I'" ~ C ~ III '" ::a '" 0 ::: -4 :t .. '" i1l ::a ~yt S i ~! 01 ~ '0 .. II' GRID NORTH ,. ~ MASSACHUSETTS COORDINATE SYSTEM ISLAND ZONE : 0 ~ , ~ I -~ ;;;.:_.;;1 . r) ~.:; TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 i-.......) UJ November 17, 2009 Date: To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 049-09 Owner/Applicant: Nantucket Land Bank 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. ~i j. /I;t (~, Michael J. O'Mara, 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 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 59.4 Parcel 92 Residential - 20 48 Tennessee Ave Certificate of Title No. 22992 1. At a Public Hearing of the Zoning Board of Appeals held at 1 :00 PM on Thursday, October 8, 2009, in the garage area at 2 Fairgrounds Road, Nantucket, Massachusetts, on the Application of Nantucket Land Bank of 22 Broad Street, Nantucket, MA 02554, Board of Appeals File No. 049-09, the Board made the following decision: 2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-33.A.(4) (alteration of pre-existing, nonconforming structure) in order to renovate and rotate the existing structure that is sited approximately 2.1 feet from the front yard setback in a zoning district that requires a thirty (30) foot front yard setback and sited approximately 8.2 feet from the side yard setback in a zoning district that requires a ten (10) foot side yard setback. The site is located at 48 Tennessee Avenue, is shown on Nantucket Tax Assessor's Map 59.4 as Parcel 92, is shown on Plan File 3092- S, and is registered at the Nantucket County Registry as Certificate of Title No. 22992. The site is zoned Residential- 20. 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. Bruce Perry of the Land Bank represented the Applicant. Mr. Perry stated that the Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-33.A.(4) for the alteration of a pre-existing, nonconforming structure. Mr. Perry produced photographic evidence that the structure in question predates the Zoning Bylaw and is sited approximately 2.1 feet from the front yard setback in a zoning district that requires a thirty (30) foot front yard setback. The structure is also sited 8.2 feet from the side yard setback in a zoning district that requires a ten (10) foot side yard setback. The Applicant is proposing to lift the structure and rotate it and place it in exactly the same footprint. Due to wetland constraints, the structure cannot be placed further from the front yard setback. Additionally, Mr. Perry informed the Board that the structure would be raised approximately eighteen inches. Mr. Perry also indicated that the structure has been used to store boats and the Applicant intends to use the structure for storage. 5. Therefore, based upon the foregoing, the Board finds that a grant of Special Permit relief for the proposed change in use under Nantucket Zoning Bylaw Section 139- 33.A.(4) would not be substantially more detrimental to the neighborhood than the existing nonconformity. 6. Accordingly, by a vote of FIVE in favor and NONE opposed, the Board GRANTS the requested relief by SPECIAL PERMIT pursuant to Nantucket Zoning Bylaw Section 139-33.A.(4) to allow the structure to be lifted, rotated, and placed in substantially the same location as it exists now and to be raised approximately eighteen (18) inches from its present height with the following condition: (a) There structure shall continue to be used for storage. SIGNATURE PAGE TO FOLLOW Dated: ~2009 Nantucket, ss. J/l1IIHk I (2009 ~ay oflJt, 2009, before me, the undersigned Notary Public, personally appeared , 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 fo, ;t, ,fated J'Wl'o'e. ~ NOfa~ My commission expires' ';tz//~