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HomeMy WebLinkAbout051-00TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: September ~/. 20 00 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 051-00 Owner/Applicant: MONICA RIPPA Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in 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 an complaint in 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. V' Mi hae J. O'Mara, Chairman cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING~TO NANTUCKET ZONING BY-LAW §139-30I (SPECIAL PERMITS);.§139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET ZONING BOARt1 OF APPEALS 37 WASHINGTON STREET NANTUCKET, MA X2554 Assessor's Map 59.3, Parcel 54 Assessor's Map 60, Parcel 28 Residential-2 52 Starbuck Road Land Court Plan No. 3092-22 and 3092-28 Certificate of Title Na.12,552 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 p.m. on Friday, July 14, 2000 in the Conference Room, Town Annex, 37 Washington Street, Nantucket, Massachusetts, on the Application of Monica Rippa of 3 Silver Birch Drive, New Rochelle, NY 10804, Board of Appeals File No. 051-00, the Board made the following Decision: 1. Applicant is seeking relief by SPECIAL PERMIT under Nan#ucket Zoning Bylaw Section 139-16C{1) to reduce the side yard setback distance from ten°{10) feet to five (5) feet to validate a westerly side yard setback intrusion of a deck that is sited at about seven {7) feet at its closest point from the lot line in a district that requires a minimum side yard setback of ten (10) feet. The Locus is conforming with all other dimensional requirements with the moving of a trash bin out of the northeasterly side yard setback area. The Premises is located at 52 Starbuck Raad, Assessor's Map 59.3, Parcel 54, Assessor's Map 60, Parcel 28 Land Court Plan No. 3092-22 and 3092-38. The property is zoned Residential-2. 2. The Decision is based upon the Application and materials submitted with it and the testimony and evidence presented at the Hearing. The Planning Board made no recommendation since it was not a Planning Board concern. There were two {2) letters from abut#ers supporting the Application, one of whom is closest to the deck. There were no abutters present at the Hearing. 3. Applicant, through counsel, represented that approximately five (5) years ago there was an addition built to the dwelling which included a replacement of the deck. The new deck was built, at its closest point, approximately seven (7) feet from the property line rather than the required ten {10) feet. This violation was not discovered until Several months ago when Applicant applied for a shingling permit and was denied because of the outstanding building permit. The trash bin that was previously in the northeasterly side yard setback area has been removed. Thus, Applicant is seeking to validate the deck in its present configuration. It is understood that there will be no additional building in the setback area. T•d des=zi oo so dos 4. Therefore, the Board finds that the validation of the existing deck which is seven (7) feet at its closest point to the property line will not be substantially more detrimental to the neighborhood and will be in harmony with the general purpose and intent of the bylaw. 5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested SPECIAL PERMIT relief under Section 139-16C(1) to reduce the side yard setback to seven (7) feet in order to validate the existing deck upon the following conditions: (a) There will be no further building in the setback area; and (b) The trash bin that has been removed from the setback will not be returned to the setback area. Dated:~~, 1~~~ William P. N 'han ~_ Nancy Sev e s RECEIVEn NANTNiC J'ERK'S ~%~EiCE KET, MA 02554 TIME. SEP 11 2000 CLERK: ~ ~ ~. ~{ ~ ~ E.d asp-to 0o IE ~~d TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, JIILY 14, 2000, in the CONFERENCE ROOM, TOWN ANNEX BIIILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: MONICA RIPPA BOARD OF APPEALS FILE N0. 051-00 Applicant is seeking relief by SEPCIAL PERMIT under Nantucket Zoning Bylaw §139-16C(1) to reduce the side yard setback distance from ten (10) feet to five (5) feet to validate a westerly side yard setback intrusion of a deck that is sited at about seven (7) feet at its closest point from that lot line in a district that requires a minimum side yard setback of ten (10) feet. The Locus is conforming with all other dimensional requirements with the moving of a trash bin out of the northeasterly side yard setback area. The Premises is located at 52 59.3, Parcel 54, Assessor's Map 60, 3092-22 and 3092-38. The property is STARBUCK ROAD, Assessor's Map Parcel 28, Land Court Plan Nos. zoned Residential-2. r' ,~ 1 William P. Ho ihan, Ch irman RECEIVED TOWN CLER~<'S OFFICE NANTUCKET, MA 02554 JUN 2 9 ?_0~0 T9N1E: ~~:•~© ,y ~,5}, ~ CLERK: NANTIICKET ZONING 80ARD OF APPEALS TORN AND COIINTY BIIILDING ~ Date NANTIICKET, MA 02554 r~-/,-C CASE No. (~ APPLICATION FOR RELIEF owner's name(s): Mini a Rippa • Mailing address: ~ ~;i.,pr Rirrh Tlri~~o, New Rochelle NY 10804 Applicant's name:~ame Mailing address: Game Location of lot: Assessor's map and parcel number 59.3 54 60--~1~ street address: 52 Starbuck Road Registry Land Ct Plan, Plan Bk & Pg or Plan Fi1e3092&22&38 Lot Date lot acquired: ~~ gg ~~13454 _,_ Zoning district R_~ Uses on lot - commercial: None or MCD?_ - number of: dwellingsl duplex apartments- rental rooms~ Building date(s): all pre-8/72? or C of O? 5/29/75 Building Permit appl'n. Nos. Case Nos, all BoA applications, lawsuits: ' State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grounds xou urge for BoA to make each finding per Section 139-32A if Variance, 139-30A if a Special Permit (and 139~33A if to alter or extend a nonco~orming use). If appeal per 139=3~A & B _ , attach decision or order appealed. OK to attach addendum . See Exhibit A attached hereto and incorporated herewith '3is ; ~ Items enclosed as part of this Application: orderl addendum2 Locus map~ Site plan showi U ~ o _ - ng present +planned structures Floor plans present proposed elevations (HDC as proved. Listings lot f ) ! i ~ O area rontage setbacks GcR parking data Assessor-cei-tifie3 addressee I3st 4 sets X ma'ling labels 2 sets" 200 f ~ ~ ~C o ee payable to Town of Nantucket, proof 'ca ' covenant - (If an appeal, ask Town Clerk to c lU ~~- V ~ o~ send Bldg ComrT re ord to BoA.j . .~~ cat I certify that the r ested information submitted is substantially complete and true e b st of my knowled e und t ~ ~ ~ F ~ g , er he pains and penalties of pe ' ~ SIGNATURE: (j "--~piTcant _ Attorney/agent ~ `~~ 2 ~~ ~ ''-L' 3(If not owner or owner's attorney, enclose proof of authority) S `- FOR Bo OFFICE USE ~p~ • .~ ~l Application copies recd: 4 or for BoA one by-~~~~~ One copy filed with Town Clerk on,_~Q/~~by-~~~54.c_ complete? One copy each to Planning Bd and Building Dept~/~~ b1,~ $200 fee check given Town Treasurer on ~~ b wai'v]e~d?~• Hearing notice posted-~~mailed~/ ~ I & M~(~/ ~ , .~1~ ~J\ Hearing(s) on~~_ cont'd to_/_,_/ , ~~_ withdrawn?,~~_~ Decision due by_/~_ made~_/_ filed TC_/~_ mailed_/~_ See related cases law~nire ,,....,.r s Y ~L ~J~ Exhibit A Applicant seeks Special Permit relief under Section 139-16C(1). Applicant constructed an addition to the dwelling in 1992. The addition included a deck, and one corner of the deck is seven (7) feet from the property line instead of the required ten (10) feet. Applicant requests that the Board validate the existing deck. Applicant is not proposing any changes to the existing structure, and the deck encroachment is the only non-conformity that exists on this property. The premises is located at 52 Starbuck Road, Assessors Map 59.3, parcel 54 and Map 60, parcel 28. The properly is Zoned R-2. 7.1A TML 1'OM-tli qr NAN7"~CK~` J Cn ~ (U O (p Q z ce/oH FND. 60~- M AD.CONS. LAND TRUST ~` \ ryO. y ' /~ S9 ~ C~ ~~ ~/~C~~S ? / G. oii ? X52 ~~ ~s. IZyy~F '~ ~ ~ ~ O WELLING ~ 6~~6d ~~ VP~ ~ `RS ~, ~~ ea \ ~\ C~ ( ~ ~~ 'i \ ~ ~O ~ ~~ \ ~ O ~~ ~ ~~, ~'• ~P AREA = 21, 061 ~ S. F. ~'~ ~ s ~~ ~~ c~ ~ Q FF ,~~s~~F ~~ v, a~ -~ o`" ao V~ J CB/DH ~Q~ FND. i ~Q O O `~H OF MgSS 4~, RICHARD y~,~, ~ K. ~ CB/DH EARLE ^ FND. No, 29416 oQ , a lSTERE~ P,t' ~ <~ ,N SV t CURRENT ZONING: R-2 MINIMUM LOT SIZE: 20,OOOS.F. MINIMUM FRONTAGE: 75FT. FRONTYARD SETBACK: 30FT. SIDE AND REAR SETBACK: 10FT. ALLOWABLE G.C.R.: 12.5 EXISTING G.C.R.: 5,2q, + FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN RELIES ON CURRENT DEEDS AND PLANS OF RECORD, VERIFIED BY FIELD MEASUREMENTS AS SHONAV HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TITLE EXAMINATION OR A RECORDABLE SURVEY. AS-BUILT PLOT PLAN IN NANTUCKET, MASSACHUSETTS SCALE:1"=40' DATE:JUNE 2, 2000 DEED REFERENCE: CERT.~/13,454 PLAN REFERENCE: L.c.PL.3os2-22ac3a ASSESSOR'S REFERENCE: MAP: 59.3 PARCEL: 28 PREPAt~ED FOR: MONICA A. RIPPA NANTUCKET SURVEYORS INC. 5 WINDY WAY NANTUCKET, MA. 02554 N-6 ~~/ GGG RHODA H. WEINMAN, ATTORNEY 36 Centre Street - PO Box 1365 Nantucket, MA 02554 ~ (508) 228-9600 Zoning Board of Appeals APPLICATION FOR ABUTTERS LIST List of Parties in interest in the matter of the Petition of: PROPERTY OWNER: Monica Rippa MAILING ADDRESS: PROPERTY LOCATION: ASSESSORS MAP /PARCEL: SUBMITTED BY: SEE ATTACHED: REC ASS D ORS BOARD ©~ SUN 0 2 2000 TOWN ~T, MA NANT~CK 3 Silver Birch Drive, New Rochelle, NY 10804 52 Starbuck Road 0060 - 028 Rhoda H. Weinman, Attorney PAGES C ~ I certify that the foregoing is a list of persons who are owners of land immediately abutting the property and churches and schools within feet of the property, all as they appear on the most recent applicable tax list. O o Date Date Received: 6 ~ ~ Asses or;STown of Nantucket ~~es~ r 06 /05/00 TOWN OF NANTUCKET 14 :17:17 OWNER'S MAILING ADDRESS LIST Map Block L ot Owner's/CO-Owner's Name Mailing Address/City State Zip / 0060 /0116 TIGER JANE TR 0008 GLENBROOK DR 19 STARBUCK ROAD TRUST STARBUCK ROAD TRUST MENDHA MENDHAM NJ 07945 0060 0115 OCKEN PAUL R 0190 WASHINGTON DR WATCHUNG NJ 07060 0060 (0115 OCKEN PAUL R 0190 WASHINGTON DR WATCHUNG NJ 07060 0060 0114 BATTISTON DONALD L & PAMELA S 14 STARBUCK RD NANTUCKET MA 02554 0060 0149 FIALKY ELAINE 0070 GREEN WILLOW DR LONG MEADOW MA 01106 0060 0113 GARFINKEL LAWRENCE & DORALEE 0063 OAK RIDGE AVE SUMMIT NJ 07901 0060 00 DUNN KENNETH A & J CARTER PO BOX 0005 SCIASCONSET MA 02564 0060 0024 MADAKET CONSERVATION LAND TRUS 0499 S WARREN ST C/O BYRNE MATTHEW V JR SYRACUSE NY 13202 0060 0023 LINDSAY KENNETH S & KARYN S PO BOX 987 NANTUCKET MA 02554 0060 ~J0030 MACTAGGART ROBIN M 180 NORTH SHORE POINT VERO BEACH FL 32963 0060 0029 GREENBERG PHYLLIS-S 5160 SW 15TH AVE INDIAN SPRING BOYNTON BEACH FL 33437 0060 0026 PAQUETTE ARLEEN E 88 COLUMBINE RD MILTON MA 02186 0593 062 LAURITZEN NELS J & SUSAN A 0038 ORRIS AVE PISCATAWAY NJ 08854 0593 0063 KELLY SHELLEY J 48 HULL STREET NEWTON MA 02460 0593 0065 TRISTRAMS GROUP 0751 TRISTRAMS LANDING NANTUCKET MA 02554 0593 0129 ANATHAN ROBERT P & JANE G 0050 SMITH ST CHAPPAQUA NY 10514 0593 055 FIALKY ELAINE 0070 GREEN WILLOW DR. ~ LONG MEADOW M~ 01028 0593 ~ 050 WIENSKI EDWARD E II & 0135 OENOKE RIDGE RD DAVIES-BLOOM SUSAN NEW CANAAN CT 06840 0593 0050 WIENSKI EDWARD E II & 0135 OENOKE RIDGE RD DAVIES-BLOOM SUSAN NEW CANAAN CT 06840 0593 0050 WIENSKI EDWARD E II & 0135 OENOKE RIDGE RD DAVIES-BLOOM SUSAN NEW CANAAN CT 06840 0593 0051 GRELLIER NANCY C 0035 PENNYMEADOW RD / SUDBURY MA 01776 0593 x'0052 CARROLL G JOSEPH ETAL 0012 BEECHWOOD DR OLD SAYBROOK CT 06475 0593 0120 MORAN BARBARA J 34 MIDWOOD TERRACE MADISON NJ 07940 0593 129 ANATHAN ROBERT P & JANE G 050 SMITH ST 'jq ~ ~, 6 ~ ,/V~ (' 1M ~ ~~~ CHAPPAQUA NY 10514 ' 1 - , t ~~ Pea NUMBER OF RECORDS 2 ~ ~ ~se ~~Q ~ l~ ce_ r a~ o~ J e~m C~T ~ 9 06~~9 PAGE 1 MUA5750 9.3 Property Location 0018 STARBUCK RD 0016 STARBUCK RD 0016 STARBUCK RD 0014 STARBUCK RD 054R STARBUCK RD 0013 STARBUCK RD 0011 STARBUCK RD 0009 STARBUCK RD 0007 STARBUCK RD 0048 STARBUCK RD 0050 STARBUCK RD 0012 STARBUCK RD 0010 STARBUCK RD 0008 STARBUCK RD 0000 STARBUCK RD 0056 STARBUCK RD 0054 STARBUCK RD 0045 STARBUCK RD 0045 STARBUCK RD 0045 STARBUCK RD 0047 STARBUCK RD 0049 STARBUCK RD 0051 STARBUCK RD 0056 STARBUCK RD s~ s~~ r b~~ ~ ~,~