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Home My WebLink About023-11 Dias, Kenneth & Lisarr -t ~. TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $300.00 C+wner's name(s): Kenneth & Lisa Dias, Trustees Mailing address: Phone Number: 25 Rugged Road E-Mail: 3 N N N iV .tom _~ File No. 3 t Applicant's name(s): Richard J. Glidden, Attorney Mailing Address: ~7 Centre Street, Nantucket, MA02554 Phone Number: 508-228-0771 E-Mail: glidatty@nantucket.net Locus Address: 25 Rugged Road Assessor's Map/Parcel: 67 / 166 Land Court Plan/Plan Book & Page/Plan File No.: Lot 1 Plan Book 17 / 46 Deed Reference/Certificate of Title: Book 876, Page 233 Zoning District: LUG II Uses on Lot- Commercial: None: x Yes (describe) Residential: Number of dwellings: 2 Duplex Apartments Date of Structure(s): all pre-date 7/72: 1987; 2003 Building Permit Numbers: 5784-87;1060-03 Previous Zoning Board Application Numbers: . .._, State below or attach a separate addendum of specific special permits or variance relief applying for: ~~ ~f 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile r,va.o.u.n.~. ~a.~z~-~ o~ ~~~~ ayyituesoa.zoii.co NOT TYPE IN THIS FORM. doc.doc EXHIBIT ~~A" Applicants obtained a building permit in 2003 to construct a bazn with an apartment above. During the application process the HDC felt the 2"a floor deck at the rear of the structure originally designed as 4' x 4' was too small for the size of the structure. They suggested to applicant that the deck be expanded to 10' x 12'. Applicant built according to HDC approved plans and the deck and stairs are located 8.64' from the reaz property line in a district requiring a 15' reaz yard set-back. Applicants propose to relocate the stairs so that the structure is 12.64 feet from the rear property line in a district requiring a 15 foot rear Yazd set-back. The resultant structure will intrude onto the set-back a distance of 2.36 feet. Applicants request a special permit pursuant to CH 139-16 Ql (2) to validate this unintentional rear yard intrusion. 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: sy: Owner* east/Attorney/z4gea~* OFFICE USE ONLY Application received on:_/_/_ By: Complete: Need Copies: ' Filed with Town Clerk:-/_/_ Planning Board:-/_/_ Building Dept.:_/~_ By:_ Fee deposited with Town Treasurer:-/~_ By:_ Waiver requested: Granted:-/_/_ Hearing notice posted with Town Clerk:-/_/_ Mailed:-/_/_ I&M_/_/_ &_/_/_ Hearing(s) held on:_/_/_ Opened on :_/_/_ Continued to:_/_/_ Withdrawn:-/_/_ Decision Due By:_/_/_ Made:-/_/_ Filed w/Town Clerk:-/_/_ Mailed:-/_/_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile ~:v,~.a.~~.,,.~. ~,a~~„_~, op ,,,~„~,~~„ ~sa.cioa.soii.no NOT TYPE IN THIS FORM. doc.doc • SAS .. < 3t~ / v'j R ~ ' N ~~ g j .• • ! .' YlH ~h~R/.> R'p,~n 3 '`\ ' 'a $j ~ . y~. %t ~ o ~ !~ ~ ~ 9a' • ~ r'. • s, "'~ ~ _ L --~'' --~"~"r... m \\ ~' v~`~ ~' Jam` ~6 ' 4. ~ wa • .. Fw --- K•,.. p i'f - _ ~ .mss ~ ~ ~ /~~`.~ s ~ ~ ~~. 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F •1 ~ ~ ~ `~ fc ••',f`y',' ~~ _ ..._ _ - .. _...___.._ _ .~~_..~._>..~. ___ .. _. _...... .__._- .cam P?~~ 8~ ~S 6 ~~p~CfUC~, .~ . ` 'yam f^ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 0~~54 W Date: June 10, 2011 --: To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 023-11 Owner/Applicant: Kenneth and Lisa Dias, Trustees of Daisey Nominee Trust 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. ~t ~ ~ ~ ~ ~~'~~~ Edward S. Toole, 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 67, Parcel 166 25 Rugged Road Land Use General 2 (LUG-2) Lot 1 Book 17, Page 146 Deed- Book 876, Page 233 DECISION: 1. The Nantucket Board of Appeals held a public hearing on April 14, 2011 at 4 Fairgrounds Road, Nantucket, Massachusetts 02554, regarding the application of Kenneth and Lisa Dias, Trustees of Daisey Nominee Trust, of 25 Rugged Road, Nantucket, MA 02554, Board of Appeals file No. 023-11. The Board made the following decision: 2. Applicants are requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-16.C.(2) (unintentional setback intrusion) in order to validate the proposed relocation of a deck and stairs that are currently sited approximately 8.64 feet from the rear yard lot line. The Applicant proposes to relocate the stairs to 12.64 feet from the rear yard lot line in a zoning district that requires a 15 foot rear yard setback. The Locus is situated at 25 Rugged Road, is shown on Nantucket Tax Assessor's Map 67 as Parcel 166, is shown as Lot 1 in Plan Book 17, Page 146, and title is recorded at the Nantucket County Registry of Deeds in Book 876, Page 233. The property is zoned Limited Use General - 2. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. There was no Planning Board recommendation, on the basis that no matters of planning concern were presented. A letter from the abutter at 33 Rugged Road was received in support of the Application. 4. The Applicant and attorney Richard J. Glidden presented the case to the Board. The Applicant explained that he retained a licensed surveyor to site the barn with apartment above for zoning compliance. During the Historic District Commission ("HDC") approval process, the HDC required the applicant to enlarge the second floor deck for aesthetic purposes. The surveyor did not factor in this change in the deck and stairs when he sited the building location on the ground. As a result, the deck and stairs are only 8.64 feet from the rear property line in a zoning district that requires a fifteen (15) foot setback. Applicant proposes to relocate the stairs so that the structure will be 12.64 feet from the property line. 5. The board finds that the unintentional set back intrusion is less than five feet, that it has no deleterious affect on the residential character of the neighborhood, that the only abutter who responded was in favor of the requested relief and the cost of removing the offending structure far outweighs any negative effects on the neighborhood. 6. Therefore by a vote of four in favor and none opposed the board grants a Special Permit pursuant to Nantucket Zoning By-Law Ch 139-16.C(2) to allow the existing barn structure to be sited approximately 12.64 feet from the rear property line. SIGNATURE PAGE TO FOLLOW ~^L Ib4~ey ~ `~ , 2011 ~~.,L,A~~'~=- -- Susan Mc ' rthv im Koseatac COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. 2011 On this ~ day of J~ , 011, be ore me, the undersigned Notary Public, personally appeared ~c~.~ ~, O~~iw ,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 ~/she signed it voluntarily for its stated purpose. Notary Pub ' : ~'°y D (1;5 My commission expires: ~~ 14IL~ ~~. ,rte ,~ , : ~ , `:~,% *`y ~ ~~ ~z ~r. r ~ l ~ ,~ '. , ~ ~ ' r ~ ,~~ a 1~. ' " ,t r ' ~ : ~ ~ c. %,, fy .. , ;~, ~~, Mic el O'Mara