HomeMy WebLinkAbout002-12 Samuel & Alesia MyersTOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
Fee: $300.00
Owner's name(s): JGt 1-►� Lce d ��P Si ��
Mailing address:
File No.
Phone Number: J��%� ` � - %� E -Mail:
Applicant's name(s):mc�
Mailing Address: a tee.tI "V '
Phone Number: �jj -. 12 � Z E- -,\fail: C t _44,'e, t
Locus Address: %' kt %C-d Assessor's Map /Parcel:✓1/ /fly
Land Court Plan /Plan Book &Page /Plan File No.: /2.20 /A- 1V''`
Deed Reference /Certificate of Title: N24-lb/6 Zoning District � G/� J
Uses on Lot- Commercial: None J Yes (describe)
Residential: Number of dwellings_ Duplex Apartments
Date of Structure(s): all pre -date 7/72 f or
Building Permit Numbers: 122
Previous Zoning Board Application Numbers:
2 Fairgrounds Road Nantucket Massachusetts 02554
50 8 - 228-7215 telephone 508 - 228 -7298 facsimile
State below or attach a separate addendum of specific special permits or variance relief applying for:
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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: ��?iGi �-1 Owner*
SIGNATURE:
Applicant /attorney /Agent*
*If an 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_ /_ /, 8c /u /_ Hearing(s) held on:_ /-_ /_,._ Opened on :_ /_/T
Continued to:_ /_ /_ Withdrawn:_ /_ /_ Decision Due BY:—/—/—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
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ZONING CLASSIFICATION : LUG — 3
MINIMUM LOT SIZE 120,000sf
MINIMUM FRONTAGE : 200'
FRONT YARD SETBACK : 35'
REAR & SIDE YARD SETBACK : 20'
GROUND COVER RATIO : 3%
EXISTING GROUND COVER = 5.7 %
100 ft BUFFER
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NOTE:
THE STRUCTURE AND LOT EXISTED PRIOR TO
JULY 27 ,1972.
I CERTIFY THIS PLAN REFECTS THE CONDITIONS
ON THE GROUND AS OF THE DATE OF THIS PLAN
FRAMC C1. HOLDGATE PLS 3315.99
i E'(
18 KELLY ROAD
DEED BOOK 1220 PAGE 345
PLAN 16 -90
7AX MAP 54 PARCEL 101
PLOT PLAN OF LAND
ON
NANTUCKET ISLAND , MASS.
FOR
SAMUEL A. & ALESIA MYERS
SCALE 1'= 40' 4 -26 -2011
FRANK 0. HOLDGATE
PO BOX 1448
NANTUCKET, MASS. 02554
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Town of Nantucket
Zoning Board of Appeals
RECEIVED
BOARD OF ASSESSORS
DEC 0 8 2011
TOWN OF
NANTUCKET, MA
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER ...... .5(OMIMJ.1' ...A.if: �....��p S ....................
MAILING ADDRESS ..........L .. �? (� C? J... A ..... k,' ............
PROPERTY LOCATION...... .. Ke (lee ...........................................
ASSESSOR MAP/PARCEL .......... ....... /U/ ....... ...............................
SUBMITTED BY ......... Z &(,I.. f tl ............................................
SEE ATTACHED PAGES
I certify that the foregoing is a list of all 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, as they appear on the most recent applicable tax
list (M.G.L. c. 40A, Section I 1 and Zoning Code Chapter 40A, Section 139 -29B
(2)•
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DATE SSESSOR'S OFFICE
TOWN OF NANTUCKET
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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:
60 580
Application No: -12
Owner /Applicant:
SAMUEL AND ALESIA MYERS
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.
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 54, Parcel 101 Plan Book 16, Page 50, as Lot 24
18 Kelley Road Deeds Book 1226, Page 345
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 SAMUEL AND ALESIA MYERS, 18 Kelley Road,
Nantucket, MA 02554, File No. 00 -12:
zb6
2. Applicants are requesting Special Permit pursuant to
Nantucket Zoning Bylaw Section 139- 33.A.(4) and (5) (alteration
of preexisting nonconforming structures) in order to alter the
preexisting nonconforming single family dwelling without
increasing the nonconforming nature of the structure. The
Applicants propose to alter the existing single- family dwelling
on the Locus by constructing an addition to the front of the
structure. The structure is nonconforming as to front yard
setback, being sited as close as 21.8 feet from the front yard
setback in a zoning district that requires a thirty -five (35)
foot front yard setback. The proposed alteration will be no
closer than 21.8 feet from the front yard setback. In the
alternative, the Applicant is requesting Variance relief
pursuant to Nantucket Zoning Bylaw Section 139 -32 (variances)
from the intensity regulations in Section 139 -16 (setbacks, lot
size, ground cover ratio) in order to perform the work
requested. The Locus is situated at 18 Kelley Road, is shown on
Nantucket Tax Assessor's Map 54 as Parcel 101, is shown on Plan
Book 16, Page 50, as Lot 24, and is recorded in the Nantucket
County Registry of Deeds in Book 1226, Page 345. 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
1
were presented. There were no letters in favor of or in
opposition to the application.
4. Alesia Myers represented herself at the hearing. Ms.
Myers explained to the Board that the Applicants are requesting
Special Permit relief pursuant to Nantucket Zoning Bylaw Section
139- 33.A.(4) and (5) in order to alter the preexisting
nonconforming dwelling by constructing an addition to the front
of the structure that will be no closer to the front yard
setback than the existing structure. Accordingly, although the
structure is nonconforming as to front yard setback, being sited
as close as 21.8 feet from the front yard setback in a zoning
district that requires a thirty -five (35) front yard setback,
because the proposed addition will be no closer to the front
yard setback than the existing structure, this type of
alteration will not increase the nonconforming nature of said
structure.
5. Therefore, after a discussion with the agent for the
Applicants, the Board finds that such a Special Permit relief
pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(4) and (5)
in order to alter the preexisting nonconforming single- family
dwelling by constructing an addition to front of the structure
would not increase the nonconforming nature of the structure and
would not be any more detrimental to the neighborhood than the
existing nonconformity because said addition will no closer to
the front yard setback than the existing structure. 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 Special Permit
relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A.4)
and (5) in order to alter the preexisting nonconforming single -
family dwelling without increasing the nonconforming nature of
the structure would not be any more detrimental to the
neighborhood than the existing nonconformity and would be in
harmony with the general purpose and intent of the Zoning Bylaw
with the condition that all work shall be done as shown on the
site plan labeled, "Plot Plan of Land in Nantucket, Nantucket
County, Mass.," dated January 19, 2012, prepared by Frank 0.
Holdgate, as modified by Alesia Myers on January 25, 2012,
attached hereto as "Exhibit A."
SIGNATURE PAGE TO FOLLOW
A
Dated: 2012
Sus n McC th
i
c ael Angela tr
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss.! , 2012
On this day of f�� 1, 2012, before me, the undersigned Notary Public, personally appeared
�w �,�;•aA c , who is personally known to me, and wh 's the person whose
name is signed on the preceding or attached document, and who acknowledged to me the signed it
voluntarily for its stated purpose.
a Public: �.• it� >�
My commission expires: ^�
3
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ZONING CLASSIFICATION : LUG — 1
MINIMUM LOT SIZE : 40,000sf
MINIMUM FRONTAGE : 100'
FRONT YARD SETBACK : 35'
REAR & SIDE YARD SETBACK : 10'
GROUND COVER RATIO : 7 %
EXISTING GROUND COVER = 5.7 %
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NOTE:
THE STRUCTURE AND LOT EXISTED PRIOR TO
JULY 27 ,1972.
I CERTIFY THAT THE CONDITION5 ARE A$ SHOWN
A5 OF THE DATE OF TH15 PLAN
PLOT PLAN OF LAID IN
NANTUCKET , NANTUCKET COUNTY , MA55.
SCALE 1 ' - 40 ' 0I -19 -2012
FRANK O. HOLDGATE
95 WE5TC,HE5TER STREET
NANTUCKET , MA55
18 KELLY ROAD
TAX MAP 54 PARCEL 101
DEED BOOK 1220 PAGE 345
PLAN 600K 19 PAGE 90
LOT # 24
OWNER5, SAMUEL + ALE51A MYER5
i;c_f ..v, ", -- e- Ahl 1/2�;/2U4'?
REVI5ED FROM THE MORTGAGE PLOT PLAN DATED 2121201)
ZONING CORRECTION