HomeMy WebLinkAbout061-12 104 Cliff RoadM 6n4 �
RECEIVED
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NANTUCKET TOWN CLERK
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
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This agmanneat to sound the time limit for the Bond of Appeals to make a decision, bold a public hmd.& or
to take othet action cocing the application, of
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P..t. the ponvidea. of the Am of 1987,Chpur 498, amending the Sum Zoning Act, Chapter 40A of
the Massachusetts, General laws, Applimat(s)/Petitiona(3) and the Zoning Board ofApp.6 heseby agree to
extend the time limit
,e For.pblihescusitootbeappliction
Ar For a written decision
0 P. other at
S.ch application is
0 An apped from the deti.iov of any adtami.mtiv<offidal
0 Apeadernfor..peculpmut
1W Apetutima for .varume,
0 A. estenno.
0 A odification
The new rimelimit shag be ®tlnight oe,7tY),Y 9;11 §813 -;ill Iff., whs&isoculadiettom
. time limit set by.uWft.fby1xw.
The Applicant m: Meet lot the Applicant p..td to be doll, authorized to t . this net
for the .pph.t.... . tisgthis 2grecancetwatess any fight, unda the Nantucket Zoning Bylaw and the
9=.i.g Ac4 as oded, to the Went, but only on the eateirn, inconsistent with this 2guenneout
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For Zoning Bond ofAppeds
2FairgeoundsRoad Nantucket Massachusem 02554
308-228 -7215 telephone 509-22&7298 facsimile
Tow. Clerk Seam
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02�5r
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Date: May 19 2013 „ w
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To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 061 -12
Owner /Applicant: Richard and Tracey Sears
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 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 41, Parcel 11
104 Cliff Road
DECISION:
Lot 4 on Land Court Plan 13326 -D
Residential 20 (R -20)
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, June 13, 2013, at 1:00 P.M., 4 Fairgrounds
Road, Nantucket, Massachusetts, the Board made the following
decision on the application of Richard and Tracey Sears, 104
Cliff Road, Nantucket, Massachusetts 02554, File No. 061 -12:
2. Applicants initially requested Special Permit relief
to extend a pre- existing nonconforming use within the front yard
setback, however, the Board determined that the relief requested
was not applicable and that Variance relief was required. The
applicant then requested Variance relief pursuant to Zoning
Bylaw section 139 -32 for relief from the setback provisions of
Zoning Bylaw section 139 -16 to locate a new shed structure
within the front yard setback. The proposed shed will not be
any closer to the front lot line than the existing dwelling.
The application was re- noticed with the proper relief
referenced. Specific information about the exact location of
the new shed was not received by the Board.
The Locus is situated at 104 Cliff Road, is shown on Nantucket
Tax Assessor's Map 41 as Parcel 11, and evidence of owner's
title is recorded at the Nantucket County Registry District of
the Land Curt at Certificate No. 23563. The site is zoned
Residential 20 (R -20).
3. This decision is based upon the application and
accompanying materials, representations, and testimony received
at the public hearings. 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 requested relief.
01
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4. Nancy Drahzal, from Structures Unlimited, represented
the Applicant at the hearings. She presented the application to
the Board and explained the request.
5. After a discussion with the agent for the Applicant,
the Board suggested that the Applicant investigate other
locations on the site for the shed. The Board was reluctant to
grant a variance for the new structure without considering other
possibilities. The Board also suggested that the Applicant
consider attaching the shed to the house and applying for
special permit relief. The application was continued to the
next meeting, and additional continuances were granted. There
was no representation at any scheduled public hearings after the
November 8, 2012 meeting.
6. Due to a lack of response to the Board concerns
mentioned above and a lack of response to a request to extend
the action deadline, by a UNANIMOUS vote of the sitting Board,
the Board of Appeals denies this application without prejudice.
SIGNATURE PAGE TO FOLLOW
2
Dated: J 2013
i1-
Mich el O'Mara
erim f oseatac
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. ILA, 2013
or
On this day of U. 2013, before me, the
undersigned Notary Public, personally appeared
AA & � Y ;1V Ra7 ,L� who is personally
known to me, and who the person whose name is signed on the
preceding or attached document, and who acknowledged to me that
he /she signed it voluntarily for its stated purpose.
Notary Public:
My commission expires:
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