The URL can be used to link to this page

Home My WebLink About027-84 i'H'~.~ TOWN OF NANTUCKET ~ `~ ~ ~ BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 May!! , 1984 Re: STEPHEN R. AND SUZANNE C. JACOBS C~,-g`~~ Enclosed, please find notice of a decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Any appeals from this action shall be made pursuant to Section 17 of Chapter 40A of the General Laws, and shall be filed with- in twenty(20) days after this date. h~rew ~ ~-e~Zr, 7 Andrew J. Leddy, Jr., Chairman BOARD OF APPEALS ~, r DECISION At a meeting of the Board of Appeals held Friday, April 2~ 1984, in the Town and County Building in the matter of the application of STEPHEN R. $ SUZANNE C. JACOBS (~2 ~- 8''Q ) , the Board finds 1. This is an application for a variance from Section 5 subchapter 3 of the Nantucket Zoning By-Law seeking relief from the rear and side lot setback distances. The property is zoned residential-1 and the offending structure is a garage which is an accessory building to the residential building on the lot. 2. Applicants knew what the setback requirements were when they decided to build the garage and they knew they needed additional land so they purchased a strip of land abutting their own in order that the garage could be constructed on their property and meet all the zoning requirements. After the garage was constructed, applicants applied for a mortgage on their property which required a plot plan by a registered surveyor. The plan, prepared by Tlichael Bachman shows that the garage is 4.7 feet from the rear line and 4.7-4.8 feet from one sideline and the zoning by-law requires 5 feet. 3. Based upon review of the plans, positive recommendation from the Nantucket Planning Board and testimony at the public hearing, the Board finds that the violations are de minimis, do not adversely affect the neighborhood, are particular to this particular lot and do not generally affect the other lots in this zone and if the variance was not granted, the applicants would suffer serious hard- ship in that they would have to either move or take down a nice look- ing functional garage because of a measurement error involving 3 or 4 inches. For the reasons set forth, the Board, by unanimous vote, hereby grants the requested variance to cure the technical and rear line setback violation caused by applicant's garage. May 1G 984 ~ 1C~,~ G{N~`h/t ~'• 05 ..._ . ~~~ ~~ o ~' B~ V ~:~~ ~6r ,~ ~ ~. `t ~B•1 FEE ~ loo. 00 Case No. ~z~ =-- ~`f APPLICATION TO THE BOARD OF APPEALS Nantucket Massachusetts To the Members of the Board of Appeals; The undersigned hereby applies for relief from the terms of the ~ - (ZONING BY-LA~'U) (BUILDING CODE) on property described below: Location of Property Walsh Street 42.41-52 Lot No. Assessor's Parcels 42.41-53.3 ~~~X District iA Zoeled f01' Residential - 1 Type ~ OtlLiCtYTe (P~ciiting or proposed) or proposed use; Garage (existing) Owner's Name Jacobs, Stephen R, and Suzanne C. Owner's Addre/s 941 Woodcrest Road, Abington, Pa. 19001 When did you tCquire this property? February 4, 1980 __ Has application been filed at Byilding Department? Yes Has any previous appeal been made~7 No Section of By-law or Code. from which relief is requested: Section s, Subchap- ter 3 -- Reason for asking relief: Two sides of the existing garage on the property are within the five feet rear and side lot setback distances. The garage was erected 4.7 feet from the respective bounds and violates the restricted areas by only 0.3 feet. _ SteP.hen R. and Suzanne C. Jacobs by their attorney: ~. Signature of applicant ~~Q-- ~'ic ar Gli den ATTACH: (1) A list of the names and addresses of each abutting owner and owner abutting the abutters. ~SZ~L- ~ -3-$~-- -. (a) Gheck in the amount of ~s0.00 made payable to the Town of ~~ c~nv Nantucket. (3) Map or plan showi~g the location of the property to be considered. i (4) If the applicant is other than the owner, please indicate yoiir authority to make /this application. BOARD'S DECISION Application submitted to Board ,3~Z~ Advertising dates Hearing date _ ~ Decision of Board ~~___ Decision filed with the Town Clerk _ ,_______._._______~~_~_..~_w_ ,~ YY/q L SST (G'ub/ic - GVidfi~I l~or~es/' ~n ~~ ~1 0 J J ~3 ~- ~\ °~ W vw ~V ~t/ 22 ° 06 ~ 0 4 ` W -~ 7S. piD _ ',' _ ,_.~ . ~1 ~ G~~ ~ ~ Ot ~°~ tl ~ ~ V _.~~ i SB. DO ~~ ' ~ X22° 06' Off" W 's ~ N V ~ Q ~i V I "'' ~ ZZ °ci~ oMa "w ~,-'da ' ~,' Z ~ y~,. ~ ~ ~ ~ ~ O V • 8 ~` K ~ 1 h s o r ~ ~ `~ y's f~ ~ _~ b o ~ If Vi'i' ;r /06.0.^. W/ L L A R D ('°ub/~c - l~dth l~orie~° 0 ' T`C~iVr? OF NArTTUCK. ET Fosrd of ~ippeals List of parties in interest in the matter of the petition of: -azne: Stephen R. and Suzanne C. Jacobs ~_ __. '.;~d re&s; 941 Woodcrest Road, Abington, Pa. 19001 :."rope rty address: Walsh Street, Nantucket, Mass. 02554 . 1,OCUS 42.4.1-52. 53.3 '.3 Smith, Sherwood W. ~ Barbara B. 825 Allen's Creek Road Rochester, .N:..Y, 14618 ` ~~ ~? Orourke, Paul K. and Marilyn. J. Cedar Road Lincoln, Ma. 01773 '_4 Newell, Thaddeus $ Shirley S. 120 Trevor Crt. Rd. Rochester, N.. Y. 14610 '.5 Sherburne Associates et al Zero Main Street Nantucket, Mass. 02554 r i6 Dougherty, William M. $ Mary S. 3 Walnut St. ~s Boston, Ma. 02108 `, ~ Same H Sherburne Associates et al Zero Main St. Nantucket, Mass. 02554 52 Jacobs, Stephen R. $ Suzanne C. 941 Woodcrest Td. Abington, Pa. 19001 . (053) 53.1 .Smith., Bernard L. ~, Virginia W. 191 Wearinus Road Ho-Ho-Kus, New Jersey 07423 53.~L Brown, Stillman B. 101 Hunter Drive W. Hartford, Ct. 06107 53.3 Jacobs (applicant) 54 Murray, David H., Jr. $ Karen 0. 7 Walsh St. Nantucket, Mass. 02554 55 Same 4 ~,. i d ~ 56• .Cuddy, William V. and Katherine M. 3 Walsh Street Nantucket,-Mass. 02554 ~ !9 Same 57 Sherburne Associates et al Zero Main St. ~'0 Nicholson, John III, and Cyr Nantucket, Mass. 02554 209 County Rd. 58 Pollard Edmund T. $ Gilds C. Berwyn, Pa. 19312 , 2 Chester St. ,t~~ Carr, Oliver T. and Martha Nantucket, Mass. 02554 1700 Penn. Ave.- 59 Same - ~ Washington, D. C. 20006 .. 50 Same 79 Damsker, Joseph W. $ Betty P. 230 Midway Island :~i Brown, Stillman B. Clearwater, Fla. 33515 101 Hunter Dr. West Hartford, Ct. 06107 80 Dunham, Harold F, Marion M. 3 Swain St. Nantucket, Ma. 02 5 I certify .the foregoing i. a list of perspna who are owners of lands a~utting the roperty and owners of land .directly opposite the property on any street or way, and owners of land within X00 feet of the property, ell as thetr appear as the mast recent applicable. TAR lint. ~/.3 ~ ~ . ?--- ,. Tate .. 8~e8SOr Town of luantucket ~• ~ f. ti~ ~~. A~ !1 ~ c~ , .! r ~d R ~+ t z~ ~7R w ~. ~ ~ ,, i/'. "~~ r i"i , . ~}, ` 4. Mfr ~''.~ ~~~ . ~. !~ ,+4•. f), . .~ . ' TC'vVI~I OF NANTUCK. ET hoard of Appeals List of parties in interest in the matter of the petition of: ame: Stephen R. and Suzanne C. Jacobs- ,_._ __. ' ddres9: 941 Woodcrest Road, Abington, Pa. .19001 ~ _ Walsh Street Nantucket Mass.: 02554 -'roperty addrees: _ ~ _, ,OCUS 42.4.1-52 53.3 continued ~ .. 31 Brown, Stillman, B. 77 Lowe, Sheron C. et al , 101 Hunter Drive c/o Craig Alexander M., Jr. W. Hartford, Ct. 06107 Main Street Nantucket, Mass.. 0.2554 t?~'.2 Sherburne Associates et al Zero Main Street 78 Damsker, Joseph W. ~ Betty P. Nantucket, Mass, 02554 230 Midway Island , Clearwater, Fla. 33515 ;'? . 3 Same • 82 Sherburne Associates et al 32.4 Same Main Street Nantucket, Nass. 02554 ,.. Shea, Felice K. 21 E, 87th Street 82.1 Same New York, N. Y. 10028 87 Same F;,~ Houghton, Anthony J, 95 Geist, Barbara Joan 13.10 D'Artagnan Ct. 4 East 70th St. St. Louis, Mo. 63141 ~ New York, N. Y, 10021 ts5 Nixon, John C. $ Ursula S. 96' Sherburne Associates 95 Iiaddenfield Rd. Main St. Clifton, N, J. 07011 Nantucket, Mass. 02554 '!5 Burton, Robert M. 9 Laurel Place Upper Montclair, N. J. 07043 ~'~~ Nantucket Conservation Foundation Nantucket, Mass-, 02554 ::': Smith, Sherwood Winslow $ Smith, Barbara Bonbright 825 Allen Creek Road Rochester, N, Y. 14618 :>:~ Sherburne Associates et al Zero Main Street Nantucket, Mass. 02554 I certify the foregoing is a list of persons who are owners of land abutting the property and owners of land directly opposite the property on anq street or way, zld ovrners of land within $00 feet of the property. all as thep appear on the most .. eceiit applicable TAR list. rate GG~ Assessor ~ Town of rlantucket r ~~ ,. ~*, ~ ~ ~~~`~~ ~ f Y j T4 5$~~ py y~~~~1RRR +~ ~ ~ ~ w•.. x ~ + T ki,~ ~~, u ~ h: ,, : t ^ ., r r` ,k~ ~. . b: ' t . i .. ~~ NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, APRIL 27, 1984 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET on the Application of STEVEN R. AND SUZANNE C. JACOBS (027-84) seeking a VARIANCE from the provisions of SECTION 5(3)(Setback requirements) of the Zoning By-Law. The VARIANCE is requested for a garage erected 4.7 feet from the boundary which violates the setback requirements by .3 feet. The premises is located at WALSH STREET, Assessor's Parcels 42.41-52 and 42.21-53.3 and is zoned RESIDENTIAL 1. BOARD OF APPEALS Andrew J. Leddy, Jr., Chairman