HomeMy WebLinkAbout031-13 6A Saratoga LaneNANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road Z
Nantucket, Massachusetts 025541;-� G 9
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Assessor's Map 41, Parcel 854 'Xlc Nqn n 2011 -12
6A Saratoga Lane L Lot 2
Residential -1 Deed, Boo ;12 _§, %ge 270
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DECISION- n
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1. At a public hearing of the Nantucket Zocf3mg Board of
Appeals, on Thursday, July 11, 2013, at 1:00 P.M., at 4
Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of RANDOLPH G. SHARP, JR.,
c/o Reads, Gullicksen, Hanley, Gifford & Cohen, LLP, Post Office
Box 2669, Nantucket, Massachusetts 02584, File No. 031 -13:
2. The applicant requests relief by Special Permit under
Nantucket Zoning By -law §139- 16.C(2), in order to validate an
unintentional setback intrusion within the front yard setback
area for a newly- constructed single - family dwelling upon the
locus, siting having been supervised by a Registered
Professional Land Surveyor. The dwelling is sited with setback
of about 8.3 feet from its frontage on Saratoga Lane; minimum
front yard setback in the Residential -1 zoning district is 10
feet, as shown upon the Building Location Plan dated June 6,
2013, a reduced copy of which is attached hereto. The locus is
situated at 6A SARATOGA LANE, Nantucket Assessor's Parcel 41-
854, is shown as Lot 2 on plan recorded with Nantucket Deeds as
Plan No. 2011 -14, and is in a Residential -1 zoning district.
3. 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 issues of planning concern
were presented. Except for the applicant's presentation, there
was no support nor opposition presented in person or by
correspondence at the public hearing.
4. As presented by the applicant's representatives and as
shown upon the attached plan, the applicant recently constructed
a dwelling upon the locus, and when the building location plan
das— p, repare drevc-' ""'aic-d-theacTZ`r`ia�¢ ticrrrccr - p:<<.• v ._
the front of the dwelling was 8.3 feet from the line of Saratoga
Lane, and thus was not in conformity with the required front
yard setback of 10 feet. The building had been sited under the
supervision of a Registered Professional Land Surveyor, who
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spoke at the public hearing and confirmed that when the building
siting was modified before construction he overlooked the effect
that this would have on the front yard setback because of the
shape of the lot. Under By -law §139- 16.C(2), the Board of
Appeals is empowered to grant relief by Special Permit for an
unintentional setback intrusion, not greater than five feet into
the required yard and not closer than four feet to a lot line,
where it finds that the burden of correcting the intrusion
substantially outweighs any benefit to an abutter of eliminating
the intrusion, and that the siting of the structure was
reasonably based upon a licensed survey.
5. The dimensional extent of the intrusion in this matter
falls within the limits of the authority of the Board of Appeals
to grant relief by Special Permit under By -law §139- 16.C(2).
The Board viewed photographs of the dwelling, and noted that the
design of the porch did not lend itself to physical alteration
to cure the setback violation, and that a burden would be placed
upon the applicant if he were required to perform work to
correct the intrusion; this being an intrusion into the front
yard, and no objection having been raised by any abutter, no
benefit to an abutter would result from work to correct the
intrusion. As acknowledged by the Registered Professional Land
Surveyor, the intrusion was cause by his error in siting the
structure
6. Accordingly, the Board of Appeals made the findings
necessary for relief under By -law §139- 16.C(2), as set forth
above, and granted relief by Special Permit as requested.
SIGNATURE PAGE TO FOLLOW
_._.. _. _. 2 _.. _.
Assessor's Map 41, Parcel 854
6A Saratoga Lane
Residential -1
Dated: July %;-, 2013
Plan No. 2011 -12
Lot 2
Deed, Book 1282, Page 270
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. VI Z2- , 2013
On this ZZ°d day o£ V� 2013, before me, the
undersigned Notary Public,onally appeared
MavK 'Poop, , 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
he /she signed it voluntarily for its stated purpose.
Nokary Public:
My commission exp�res: LYNELL D. VOLLANS
Notary f Mass
Com My Comma si n Expimusetts
MY Commission Expires
December 28, 2018
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