Loading...
HomeMy WebLinkAbout031-13 6A Saratoga LaneNANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Z Nantucket, Massachusetts 025541;-� G 9 n � Assessor's Map 41, Parcel 854 'Xlc Nqn n 2011 -12 6A Saratoga Lane L Lot 2 Residential -1 Deed, Boo ;12 _§, %ge 270 2 O DECISION- n R N 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 1 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 3