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HomeMy WebLinkAbout068-13 3 Charter Street' 1ti gib TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $300.00 RECEIVED 2013 DU 3 P9 11 49 NANTUCKET TOWN CLERK File NoO4�13 Owner's name(s): Leigh J. Abramson and Carrie C. Abramson, as Trustees of Three Charter Street Nominee Tmst Mailing address: c/o Reade, Gul icksen, Hanley & Gifford, LLP 6 Young's Way, Post Office Box 2669, Nantucket, Massachusetts 02584 Phone Number: 508- 228 -3128 E -Mail: air @readelaw.com Applicant's name(s): Same Mailing Address: Same Phone Number. Same E -Mail: Same Locus Address: 3 Charter Street Assessor's Map /Parcel: 42.3.2 -120 Record Plan: Plan Book 17, Page 139 Deed Reference Book 1138, Page 58: Zoning District Residential -Old Historic Uses on Lot- Commercial: None Yes (describe) Residential: Number of dwellings' One Duplex Apartments Date of Structure(s): all pre -date 7/72 Yes or Building Permit Numbers: 421 -73; 9055 -92; 558 - 04;1328 -06; 45 -11 Previous Zoning Board Application Numbers: 2 Faitgtounds 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: The applicants propose to alter the pre- existing, nonconforming single - family dwelling upon locus, by constructing a small addition at the rear of the dwelling, which is nonconforming as to rear yard setback, being sited as close as 1.6 feet to the rear lot line, with minimum rear yard setback in this Residential -Old Historic zoning district being 5 feet under the Nantucket Zoning By -law. No portion of the addition will be closer than 1.9 feet to the rear lot line. Locus and the structures thereon otherwise conform with all dimensional requirements of the Zoning By -law. Accordingly, the applicants request relief by Special Permit under Zoning By -law 5139 -A(5), for the extension of the nonconforming structure without making the nonconforming setback more nonconforming. 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: LeigbJ. Abramson and Carrie C. Abramson, Trustees Owner* By: SIGNATURE: AL / ��' Applieant /Attomey /Agent Arthur I. Reade, Jr. OFFICE USE ONLY Application received on:—/—/— By:_ Complete:_ Need Copies:_ Filed with Town Clerk:_/_ /_ Planing Boazd:JJ_ Building Dept:-/-/- By:_ Fee deposited with Town Treasurer:-LL By:_ Waiver requested_ Granted:-J—/_ Hearing notice posted with Town Clerk:_ / _/_ Mailed_/_ /_ I&.M_/_ /_ &_ /_ /_ Hearing(s) held on:_/_ /_ Opened on :__/_/_ Continued to:—/—/— Withdrawn:—/—/— Decision Due Made: _ /_ /_ Filed w /Town Clerk:_ /_ /_ Marled:_/_ /_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508- 228 -7298 facsimile VI IVBIILLIUKe[ property Informatbn Properly Ill 4232120 Locellon 3CHr TER ST O anssr r 1S 11ON LEIGH J & C RRIE aT3Ti 0 MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT Pas Town makes no claims and no wanantias. expressed or Implbd, cenceming to valkity oc accuracy of the GIS data presented on this map. Percela updated Oecemper. 2012 ( §ter \\ (/\ )do 2 you 2 dam . «mom.= # Z ° , 2f}; / © w G}! \) \]8 °mom §§ ^} /m)w2`#.a - I/ �z §mom« 0�<mm Z do _\ n ` ® , \ \{ proposed 1+9 Z \ ^ - ON.m ; §! ~ !; \\ ] _ \ ,! .. 1W.. �f / ,. ~ a16'0 , § OR ~- m ^ / e so #\ O�}! � !§ ) i! |) ;| 2222 ) § ` . §|!) ;! } zo' # ® `! ! ! § \ ) \ : ;' _ 13/44) 47.15' - & \ \. did � ;\4 \ =a © R » 0 ® a _ _ ®/ #! /)/ & ) /N§§� @ ; §!/° - _.,.. 2, § ; ■!! d /\/ \ — _ _ /q h)$| d ;g t RECEIVED BOARD OF ASSESSORS AUG 26 2013 Town of Nantucket TOWN OF NANTUCKET, MA Zoning Board of Anneals LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER ...... SJ„'.I..::�...,�.!.. @�F ✓I QC,. Yd 6!2�tr�5cN1T✓�5`�l°� -S MAILING ADDRESS.., c /o Reade, Gullickaen. Hanle Gifford & Cohen, LLP PROPERTY LOCATION......,., o-,.1., `�.a;9`?:t',v,,,, li4 .............. ASSESSOR MAP /PARCEL .............. : : :°;, ) -110 SUBMITTED BY .... RIMde, Gullickaen, Hanley, Gifford & Cohen LLP 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 11 and Zoning Code Chapter 40A, Section 139 -29B (2)• 9 A ol3 SSESSOR'S OF CE TOWN OF NANTUCKET z N y F R H a�N N F �z . . I . 44a4444C §4€ 444445 $S44 €5d5C4C44 €C =L44t44444C$$G �w�a5s 55g= 8$33 m68HIM- as ..............._ °�..F „.......... mp .... .. F.. .. gyygg o .14':.4oa4B4.C4CC'c'S:: €4.45`.444.0.. €.54454..£.. Hun 5 9 g aF 4w�� wZ gg IN 44 � Rm. TOWN OF NANTUCKET w BOARD OF APPEALS NANTUCKET, MASSACHUSETTS rr % 15V/ 3 m a, Jf / j,�Q/,ji�+�j. N Date: October 10, r201� 'VVVI /Ila To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: Owner /Applicant: Leigh J Abramson and Carrie C. Abramson 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 g en to the Town Clerk so as to be received within such TWENTY days. E r S. oole, 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 42.3.2, Parcel 120 Plan Book 17, Page 139 3 Charter Street Residential -Old Historic Deed, Book 1138, Page 58 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, October 10, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of Leigh J. Abramson and Carrie C. Abramson, c/o Reads, Gullicksen, Hanley, Gifford & Cohen, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 068 -13: 2. The applicants propose to alter the pre - existing, nonconforming single- family dwelling upon locus by constructing a small addition at the rear of the dwelling. The dwelling is nonconforming as to rear yard setback, being sited as close as 1.6 feet to the rear lot line at the closest point; the minimum rear setback under the Nantucket Zoning By -law in this Residential -Old Historic zoning district is 5 feet. No portion of the proposed addition would be closer than about 1.9 feet to the rear lot line. As shown upon the plan by Emack Surveying, LLC, dated September 9, 2013, a copy of which is attached hereto as Exhibit A, the lot and structures comprising locus otherwise conform to applicable dimensional zoning requirements. The applicants request relief under Zoning By -law §139 -A(5) , for the extension of the nonconforming structure without making the nonconforming structure more nonconforming. Locus is situated at 3 Charter Street, Nantucket Assessor's Parcel 42.3.2 -120, is shown upon a plan recorded with Nantucket Deeds in Plan Book 17, Page 139, and is situated in the Residential -Old Historic 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 matter of planning concern was presented. Except for the presentation by the applicants' representatives, there no support nor opposition presented in person or by correspondence at the public hearing. 4. As presented by the applicants' representatives, the project that is proposed consists merely of a small addition continuing the rear line of the present dwelling which will not intrude farther into the rear yard than the existing structure. In the absence of any opposition, no adverse impact upon the neighborhood is apparent. 5. Based upon the foregoing, the Board of Appeals, by unanimous vote, found that the proposed alteration as shown upon the Exhibit A plan would not be detrimental to the neighborhood and would be in harmony with the purpose and intent of the Zoning By -law. and granted the requested relief by Special Permit, subject to the condition that no exterior construction work shall be conducted between Memorial Day and Labor Day in any year. Dated: October 31 , 2013 2 COMMONWEALTH OF MASSACHUSETTS Nantucket, as. On this 3151' day of Q Ci'b b.t.'� 2013, before me the undersigned notary public, Personally appeared Ed-ura,cL 7DV (.e.. , ,and proved to me through satisfactory evidence of identification, which was [ ] MA Driver's License LXPersonal knowledge of the identity of the signatory[ ] Other: , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she /they signed it voluntarily for its stated purpose. 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