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Home My WebLink About008-12 Boynton, Peter H.Fee: $300.00 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Owner's name(s): I�'r 2 14. T oytV D►U File No. �� 001—m Mailing address: b 1 06-S k L Sd- . NAwl/ % yCkE % Phone Number: -576 K?. 2, R A Y E -Mail: 1p D yV % oA% 2 /� �✓' �� 6,or 228 i�s7 Applicant's name(s): ?e7—RA__ 14 • 6W/6J i7du Mailing Address: G ( yQJ rd L 51 /y -W 71) dl FE Phone Number: 8, 3 3eZ Dz6 d E -Mail: )b a Vu TD X) Z Ia 14 K� r d f V , Assessor's Map /Parcel: Land Court Plan /Plan Book & Page /Plan File No.: I. e- P. /� P11A a75 (C eSd Bk 8/ /77Ys -w Deed Reference /Certificate of Title: eAj i—,236 Zoning District L 14 Uses on Lot- Commercial: None Yes (describe) Residential: Number of dwellings Duplex _ Date of Structure(s): all pre-date 7/72 or Building Permit Numbers: L� (} Previous Zoning Board Application N Apartments 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: I,Vtfu� ,1LA' iL`1,)')VL �t'vl iul ,it i'.i1 .ti Z 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: O ! ' Owner* SIGNATURE: Applicant /Attorney /Agent* *If an Attorney or other Agent is representing the Owner or the Applicant, please provide a signed proof of agency. 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with Town Clerk:_ /_/_ Mailed:—/--/- I &M_ /_/_ &_/_ /_ Hearing(s) held on:—/—/— Opened on :_/_ /_ Continued to:_ /_ /_ Withdrawn:_ /_ /_ Decision Due By:_ /_ /_ Made:_/_ /_ Filed w /Town Clerk:—/—/— Mailed:—/—/— 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone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 I own ana Lounty of NantuCKet I 126 ffI I � 75 i I � i I I I I� 74 i I - -_ --------------- I i I ; I I , j 212 j 212 1" = 100 ft lucr7. ro fi 'r'01tA�E�\ MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT The Town makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map. Parcels updated January 1, 2011 UeCenlber zu, zui i 125 125 I J17 AN711 I � 17 4 17 i I I � i I i ~l211 211 r I __ I CURRENT ZONING CLASSIFICATION: Limited Use General 1 (L.U.G. -1) MINIMUM LOT SIZE: 40,000 S.F. MINIMUM FRONTAGE: 100 FT. FRONT YARD SETBACK: 35 FT. REAR /SIDE SETBACK: 10 FT. GROUND COVER %: 7% * OR 1500 S.F. FOR LOT OF RECORD EXISTING: 10,595±S.F. SEE PLAN SEE PLAN SEE PLAN 12.8 ±% O.D.S. DENOTES OUTDOOR SHOWER WE WEEDER AVE, r� THIS PLOT PLAN WAS PREPARED FOR THE TOWN OF NANTUCKET BUILDING DEPARTMENT ONLY AND SHOULD NOT BE CONSIDERED A PROPERTY LINE SURVEY. THIS PLAN SHOULD NOT BE USED TO ESTABLISH PROPERTY LINES, FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERTY LINES SHOWN RELY ON CURRENT ,DEEDS AND PLANS OF RECORD. THIS PLOT PLAN IS NOT A CERTIFICATION AS TO TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT ASSESOR RECORDS. ASSESSOR MAP: ..79.. , PARCEL: , 7.4.. . CAPROATMRSSS7\RI P.— IO /10 /nt --- - — 11 :1 J BUILDING LOCATION PLAN OF LAND IN NANTUCKET, MASS. SCALE: 1 "= 40' DATE: OCTOBER 25, 2001 PETER H. BOYNTON and Owner: ... ANDREW C. BOYNTON , , , , , . . Deed: BK:, 628, PG.. 2. , Plan: P15%45. , PG. 60, , Locus: , . , �46 WEWEEDER AVE. BLACKWELL and ASSOCL4TES, Inc. Professional Land Surveyors 20 TEASDALE CIRCLE NANTUCKET MASS. 02554 (508) 228 -9026 FSK: B -88 PG,108 B-553 � P I $ I R , 7 44AF� (sc'ffr ��D '�'� � �g SU.g 182tD• I - - -- � � , I $�` s 4 , R�— o� 2a fig Rg`' 84 vi t z INK, gin 4 2$: L R - /,5 00 Town of Nantucket Zoning Board of Appeals �i !QI? jii�l i LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER ........ ..::�f�C�/l MAILING ADDRESS .........................� PROPERTY LOCATION. ....... ...... .... ..... ASSESSOR MAP/PARCEL. .....`' .U...!.... M..0 ............ Us� APPLICANT...... ✓ C . �lr� 5 3 - UU .... ....... SEE ATTACHED PAGES I certify that the foregoing is a list of persons who are owners of abutting property, owners of land directly opposite on any public or private street or way; and abutters of the abutters and all other land owners within 300 feet of the property line of owner's property, all as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 40A Section 139 -2 // DATE ASSESSOR'S O F[C Town of Nantucket N N N O CP J I ro w a m J Ol N N r r r J J N N r r r r r N N N 01 U P W b m J N r J 01 U (H] n m o O x � GG io M a Z T v 4 4� H I9 n 0 n n m m (U QA O m ro H W n U r U ro P ro r ro ro U A r °° o 0 0 r m 5 m n g 0 b 0 0 q14 0 gg z gg gg gg gg gg gg �lyq � zg W r O r O O O N O O O W O r O m N O N N J O N N N W OI O W V J r U U P J U U U A r r N O CD N UI U UI N U lli U U r N J r 0 0 A P 0 lli A A A VI J m 1 1 r o J 1+ O U A OI oP 01 01 VI Ill 111 UI A A OI J 01 01 GC W N W J b U J g N m n r O O O m m 0 0 0 0 0 m O lr-1 0 0 O O n n n n CJ. E< hl CJ tq M a N A lc°a6 tC0+9 �,j ta-°7Y __- li TOWN OF NANTUCKET BOARD OF APPEALS _ NANTUCKET, MASSACHUSETTS 02554 Date: February 10, 2012 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 008-12 Owner/Applicant: CONOICUS PARTNERS, LLC 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 . s L,6 (1w 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 25, Parcel 60 Plan Book 25, Page 60 46 Weweeder Avenue Deeds Book 628, Page 2 Limited Use General - 1 DECISION: 1 . At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, January 12, 2012, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of CONOICUS PARTNERS, LLC, c/o Peter H. Boynton, 61 Vestal Street, Nantucket, MA 02554, File No. 008-12 : 2 . Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-33 .A. (8) (alteration of preexisting nonconforming lots) in order to alter the preexisting nonconforming lot by adding parcels from the Town' s Yard Sale program to said lot. The lot, as so altered, will still not meet the minimum lot size of the Limited Use General - 1 zoning district, being 20, 900 square feet in a zoning district that requires a minimum lot size of 40, 000 square feet . The Locus is situated at 46 Weweeder Avenue, is shown on Nantucket Tax Assessor' s Map 79 as Parcel 74, is shown on Plan Book 25, Page 60, and is recorded at the Nantucket County Registry of Deeds in Book 628, Page 2 . The property is zoned Limited Use General - 1 . 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 in favor of or in opposition to the application. 4 . Peter Boynton represented himself at the hearing. Mr. Boynton explained to the Board that explained to the Board that he is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-33 .A. (8) in order to alter the preexisting nonconforming lot . Mr. Boynton further explained proposing to alter his lot by adding parcels from the Town' s 1 Yard Sale program to his lot and that while he has no present plans to alter the structures thereon, he wanted to finalize the alteration to his lot . The lot, as so altered, will not meet the minimum lot size of the LUG-1 zoning district, having 20, 900 square feet in a zoning district that requires a minimum lot size of 40, 000 square feet . 5 . Therefore, after a discussion with the agent for the Applicant, the Board finds that such a Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139-33 .A. (8) in order to alter the preexisting nonconforming lot by adding square footage, but not enough to increase the lot area enough to be in conformance with the Limited Use General - 1 zoning district (40, 000 square feet) would not increase the nonconforming nature of the lot or create any new nonconformity on the lot and would not be any more detrimental to the neighborhood than the existing nonconformity. The Board of Appeals so finds that this type of alteration would be in harmony with the general purpose and intent of the Zoning Bylaw. 6. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board of Appeals made the finding that such a S Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 33 .A. (8 ) in order to alter the preexisting nonconforming lot by adding square footage, but not enough to increase the lot area enough to be in conformance with the Limited Use General - 1 zoning district (40, 000 square feet) would not increase the nonconforming nature of the lot or create any new nonconformity on the lot and would not be any more detrimental to the neighborhood than the existing nonconformity and shall be done as shown on the site plan labeled, "Perimeter Plan in Nantucket, MA. , " dated November 7, 2011, prepared by On-Island Land Survey, Inc. , attached hereto as "Exhibit A. " SIGNATURE PAGE TO FOLLOW 2 Dated: t�fuvi 1 , 2012 4 L. J Ed and To•Je L' d I I Lisa ottico :li / e 1#rim os atac Sus..n McCarthy .-'1 J ichael Angelastro • COMMONWEALTH OF N�ASSACHUSETTS Nantucket, ss. ((��"�"`) ,2012 a t 61',0 On his dad�of ,2012,before me,the undersigned Notary Public,personally appeared LI), 6dt;oll+ ,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 at signed it voluntarily for its stated purpose. votary Public: , j,,., 10 My commission expires: 6„i ilao lit t, 7 3 lit , ,1 4 1 a r.II a L ae n t,„,!.!1-a 3 [;a p gRe § a illb iii /ia' :b a lie Pi,--#----,---- / j i1€ / � I / i 4a I / I / m =g = .,... rli'/ d_ < , o. II ; *' /' I / t, / v 110 / / r a �R '� ' 1 tilii R I a! Q $ i 4 i d G g NI BAgoK h;fi1 § _