HomeMy WebLinkAbout055-11 Sarah Hutton (2)~ ~~
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: October 14, 2011
To: Parties in Interest and Others concerned with the Decisi`dh of
The BOARD OF APPEALS in the Application of the following:
Application No: 055-11
Owner/Applicant: SARAH HUTTON
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.
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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 139 Plan Book 22, Page 69
14 Trotters Lane Book 219, Page 110
Residential - 10
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, September 8, 2011, at 1:00 P.M., at 4
Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of SARAH HUTTON, 14
Trotters Lane, Nantucket, MA 02554, File No. 055-11:
2. Applicant is requesting Special Permit relief pursuant
to Nantucket Zoning Bylaw Section 139-16.C.(1) (reduction of
side yard setback from ten (10) feet to five (5) feet) in order
to reduce the side yard setback from ten (10) feet to five (5)
feet. There Locus has been sited as close as 9.8 feet from the
side yard lot line in a zoning district that requires a ten (10)
foot side yard setback. There is no work being proposed, the
Applicant is requesting to validate this nonconformity by
reducing the side yard setback from ten (10) feet to five (5)
feet. The Locus is situated at 14 Trotters Lane, is shown on
Nantucket Tax Assessor's Map 67 as Parcel 139, is shown on Plan
Book 22, Page 69, and is recorded at the Nantucket County
Registry of Deeds in Book 219, Page 110. The property is zoned
Residential - 10.
3. Our decision is based upon the application and
accompanying materials, 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. There were no letters either in favor of or in
opposition to the application.
4. Devin Remick represented the Applicant. Mr. Remick
explained to the Board that the Applicant is requesting Special
Permit relief pursuant to Nantucket Zoning Bylaw Section 139-
16.C.(1) (reduction of side yard setback from ten (10) feet to
five (5) feet) in order to reduce the side yard setback from ten
(10) feet to five (5) feet.
1
Mr. Remick explained that the dwelling has been sited as close
as 9.8 feet in a zoning district that requires a ten (10) foot
side yard setback. There is no work being proposed, the
Applicant is instead requesting to validate this nonconformity
by reducing the side yard setback to five (5) feet.
5. Therefore, after a discussion with the Applicant and
Counsel for the Applicant, the Board finds that such a Special
Permit may be granted to reduce the side yard setback from ten
(10) feet to five (5) feet to allow the applicant to site the
studio because such a permit would be in harmony with the
general purpose and intent of the Zoning Bylaw.
6. Accordingly, by a unanimous vote of the sitting Board
of Appeals, the Board made the finding that a Special Permit
reducing the side yard setback from ten (10) feet to 9.8 feet
could be granted to the Applicant in order to validate the
existing structure sited approximately 9.8 feet as shown on the
attached "Exhibit A" entitled "As Built Plot Plan #14 Trotters
Lane in Nantucket, Massachusetts," prepared by Earle & Sullivan,
Inc., dated August 2, 2011.
SIGNATURE PAGE TO FOLLOW
2
Dated: ~t~• ~~ , 2011
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. ~~` ~7 , 20] ]
On this '~ .~ay ~ U~ , 201 1, before me, the undersigned Notary Public, personally appeared
who is personally known to me, and who is the rerson whose
name is signed on the preceding or attached document, and who acknowledged to me that~i'/she signed it
voluntarily for its stated purpose.
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Nota ublic:
My commission expires: M /l~~ze r~
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OVERLAY DISTRICTS:
PUBLIC WELLHEAD RECHARGE;
NEIGHBORHOOD EMPLOYEE HOUSING;
HARBOR WATERSHED PROTECTION
CURRENT ZONING: R-10
MINIMUM LOT SIZE: 10,000 S.F.
MINIMUM FRONTAGE: 75 FT.
FRONTYARD SETBACK: 20 FT.
SIDE AND REAR SETBACK: 10 FT.
ALLOWABLE G.C.R.: 25%
EXISTING G.C.R.: 14.6% t
FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN
REUES ON CURRENT DEEDS AND PLANS OF RECORD,
VERIFlED BY FlELD MEASUREMENTS AS SHOWN HEREON
THIS PLAN IS NOT REPRESENTED TO BE A TITLE
EXAMINATION OR A RECORDABLE SURVEY.
N.8.7-10
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* -DENOTES DOES NOT COMPLY WITH
CURRENT ZONING. yc
NOTE: DWEWNG SHOWN HEREON WAS \'p-
SHOWN ON SUBDMSION PLAN DATED
4/16/1962. ~pJ ~Z~
AS BUIL T PLOT PLAN
X14 TROTTERS LANE
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NANTUCKET, MASSACHUSETTS
SCALE.•1"=20" DA7E•AUG. 2, 2011
DEED REFERENCE.•DD.BK.219,PG 110
PLAN REFERENCE.• PL.BK.22,PG:69
ASSESSORS REFERENCE.•
MAP.• 67 PARCEL: 139
PREPARED FOR.•
SARAH /. H. WILUAMS
EARLE c4 SULUYAN, /NG
PROFESSIONAL LAND SURVEYORS
6 YOUNGS WAY
NANTUCKET, MA. 02554
SOB-332-4808
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