HomeMy WebLinkAbout038-81G' ~ _' `~
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BOARD OF A~'k'EALS ~~ry~ ~
Nantucket, Massach.asetts
D~,CISION j
At a meeting of the BOARD OF F~PPEAI~S held Friday, September 18, 19811
at 3:00 p.M., in the matter of the application of KENNETH W. HUBBAR~7
(038-81), after due deliberation, the Board found:
l~ This is an application for relief from the requirements of
Section V, front and Side Line Set Back Requirements, for a lot in
Monomoy, to permit the location of a dwelling within the setback
area, The lot is located in Monomoy and is zoned LUG-l. The land
is located near a marsh and is subject to the requirements of the
wetlands Act, administered by the Conservation Commission. A
previous owner has obtained permission for location of a well and
septic system which conforms to the Wetlands Act, but will dictate
a location far the dwelling which may infringe upon the setback
areas of Section V of the By-Law,
2, The Board finds that this lot is located in an area bounded by
coastal wetlands and subject to the requirements of the Nantucket
Conservation Commission which, among others, dictates the location
of any dwelling and septic system to be situated beyond the limits
of endangering the marshland on the lot. For these reasons, the
proposed dwelling must be removed frcan the waterfront boundary
anc~ from the septic systems to such an extent that it must lie
within the setback areas prescribed by the Zoning By-Law. we find
tt,is situation to be one of those hardships envisioned by the
provisions of the statute, to wit:...Board of Appeals specifically
Finds that owning to circumstances relating to the soil conditions,
shape, or topography of such land or structures and especially
effecting such land or structures but not affecting generally the
zoning district in which it is located, a literal enforcement of
4.t~e provisions of the By-Law would involve substantial hardship,
financial or otherwise, to the petitioner or appellant, and that
iesirable relief may be granted without substantial detriment to
.he Izublic good and without nullifying or substantially derogating
-i ozii the intent or purpose of such By-Law.
3, For the reasons set forth, the Board finds that a hardship
~a:ists and, therefore, grants a variance from the provisions of
~ecti_on V of the By-Law to permit the construction of a dwelling
n Lot 2, Land Court Plan 13306-8, within the setback area, as
,hoc~;n an plans submitted to the Buildi_nq Inspector.
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BOARD OF APPEALS
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NOR.'1CE
r1 I~uh1 ic. Ileariny of the i3O1?RI) OI~' 1\PPEALS wil_1 be held
FRIDAY, SEPTED4BEP, 18, 1981, at 3:00 P.'~I. , in the TOWN
and COUNTY BUILDING, FFIrRRAh and BRO?1D STREE`_'S,
NAN~`UCKL'T, cm the applic~at-.ion of. I:ENIIETII ~~I. IiUBBARD,
see}ping relief from SEl'7'ZUN V--FROM'!' AND SIDE SETBACK
IEQUIRE^1ENTS- of the Zaniirg By-Law i_n order to relocate
~~~?:si t i an of proposed c1t•~e~ 1 i nq house on proper. ty. Said
f ~~ op~r L~> > s located i n f2c~ncni~c~y and i s zoned LUG-1 .
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I~t~h~~r- t L' . Plc3orrey , Chairman
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A13-1
FEE $ loo . oo ~~__ Case No.
APPLICATION 'I'p THP; 13OAR1~ OF APPEALS
Nantucket 14 Aug. 1981
Ta the Members of thn Board of ApF~eals:
The undersigned hereby applies for relief from the terms of the ' '~
( :LINING I3Y-LAW) (BUILDING COIaT) are property described below:
Location of Property-Aloriomoy, Nantucket _htass _
I ~Ot NO. ___ __ two (21 ,,,~,.~_.,,~ _ _ Plan No. Land (;ourt 13306-B
District is Zoned for LuG-1 40 ,(loo s4 , feet
Type of structure (~atiagaar Proposed) or proposed uae: Residential
Uwner's I~?ame Kenneth W. Hubbard
Uwner's Address 3016 Ella I,ee Lane, Houston Texas
G~'hen did you acquire this property?_ l~ec.~1980
t}as application been filed at Building T)epa.rtment?~_ Yes
iias any prLvious appeal been made?~ __ IVO _._...~_.- ._.-- ----
Se~aion of Dy-law or Code from which relief is requested:
`~uct ic,n S I'rt~n±~ and Side sct hack 7~egnirements:
Itf::xson fc~r asking relief: Location of existing Well and Sanitary sewerage
;li:,}~osal system, installed by previous owner. dictate that residence he iii
the location shown on the attached plan (Sketch B) 1f located in conformity
ti;ith the. code, sewerage system may have to be relocated which may not be
1}S.?a~].~?~...4~1d~._t~~,,I~r,IIL~ with w~~lunclc .._
Signature of an
ff'TTAGII: (1) A lief of the names and addresses of each abutting owner and
owner abutting the abutters.
(2) Check in the amount of ~ made payable to the Town of
Nantucket.
(3) Map or plan showing the location of t12e property to be
considered.
(4) If the applicant is other than the owner, please indicate your
authority to xnalce this application.
BOAFtntS l7E;CISION
:~.i~itli~;ation vubmitted to Boarc4...._.._._.,_.._.__~.._ _._. --..-_ ---.---
P,dvertising dates- _~_~__ ~_ __._.,__.
Bearing date ~..-._.__-..._._.._..~..__~,...._._.
I3eciaion of Board _ _ ~~
r7eciaion filed with the Town Clerk ~ ~ .~