The URL can be used to link to this page

Home My WebLink About065-13 51 Vestal StreetZoning B RECEIVED Nan u k�9 oUnas peals 2013 OCT 3 R!711 49 MA 025x4 NANTUCKET TO TOWl M� NANTUCKET �� ij BOARD OF APPEALS Pl/1, NANTUCKET, MA 02554 APPLICATION �j Fee: $300.00 File No� •) / 1 Owner's natne(s): Mailing address: Q OX 13 61- Phone Number. Sys a-.i% 6b�� E -Mail: I%1C,4< /.2 f2 40 4.d -� t l--'F' i Mailing Addfess: D9,x -33 �a Phone Number. S%Ds-azs2 -6006( E -MaiL M. -'44 L-Et��°-``°4 Locus Addrws: -V veS�,I sI. Assessor's Map /Parcel; Land Court Plan/Plan Book & Page /Plan File No.: Deed Reference /Certificate of Tide: Zoning District !1 - 1 00 Uses on Lot- Commercial: None Yes (descdbe) Residential Number of dwellings_ Duplex Apartments Date of Structum(s): all pre -date 7/72 of me;.Er.+ara 3x'6- /3 Previous Zoning Board Application Fairgrounds 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 T a.., Rc ,f4es4J7- S/Oe —1 Ate/ GF p .rw h< fo t 35 -/6 C Ct). To 4eae -ze Kc S.-�c y� c 5��6 «K X ' to Ft. /,o Sf'[. `S /O� % <3 if�l--o�- :a cc.. %., f% Y c..l fo'yS- �"- ,�- ` /M�lCc se.-f &J SczY" l'� �eYePro ra.t e�!%[ -Ji ��" Wcf eY ^e SeW I certify that the itifomration contained berem is substantially complete and tme to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: Ckoner* 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 or:_/ —/_ By:_ Complete:_ Need Copies:_ Filed with Town Clerk: –/–/_ Planning Board: -/ –/_ Buildi J■� i -..�� iii a.�i C7 £ c [ •J / il�l� 3i1i Mil �33i3d l I s F 6 c tl� U a N - f N Q ftj •� w v 4y.. a 11�4tla ®t f i a> > sz I.tli Inm Z r ?,f 1atl2 N El'cL eo uoiaonjasuoo jo{ ION - Alup uoissiwgnS '3 "f7'H 3 e 161x1 -ill Hiix i a Rill I _ z � _ 3 N ,BYJ' S ie tr Y a R\ � � � a h i i� u — ii U %J to o vj LC co i Z U-j Z 0'60'60 uopongsuoo zoj JON 'uoijeoyddy VgZ (0 COPY b, �h TOWN OF NANTUCKETEECE1VED BOARD OF APPEALS 29 Fn 12 29 N NANTUCKET, MASSACHUSE`fTS02554 CLERK J 2 ~ 2 w E 3 o- o Date: December 17, 2013 U S f- W N U To: Par�_iesF_in Interest and Others concerned with the Decision of The BOAM OF APPEALS in the Application of the following: Application No: - 065 -13 Owner /Applicant: _ Mark Norri 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. Eleanor W. Antonietti, Zoning Administrator 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- 325 -7587. NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 41, Parcel 185.4 51 Vestal Street Residential -20 (R20) DECISION: Book 1352 Page 180 Book 1368 Page 181 Lot 3A shown at Plan No. 2010 -01 1. At a public heating of the Nantucket Zoning Board of Appeals, on Thursday, October 10, 2013, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of Mark Norris, P. O. Box 3362, Nantucket, Massachusetts 02554, File No. 065 -13: 2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 16.C.(1) in order to reduce the side yard setback requirement from 10 feet to 5 feet to allow the constmction of a deck which will intrude 4.3 feet into the side yard setback. The Locus has a lot area of approximately 20,005 square feet in a zoning district that requires a minimum lot size of 20,000 square feet; has a frontage in the amount of 75.00 feet where 75 feet is required; a proposed front yard setback of 44 feet where 30 feet is required; a proposed side yard setback of 5.7 feet where 10 feet is required; and a proposed ground cover ratio of 10.6% (2,122 square feet) in a district where 12.5% (2,500 square feet) is the maximum ground cover ratio allowed. The Locus is situated at 51 Vestal Street, is shown on Nantucket Tax Assessor's Map 41 as Parcel 185.4, and evidence of owner's title is registered at the Nantucket Registry of Deeds at Book 1352 Page 180 and Confirmatory Deed at Book 1368 Page 181. The site is zoned R -20. 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 were presented. There were no letters in favor of, or in opposition to, the application. 4. As presented to the Board, the Owner and Applicant, Mark Norris explained to the Board of Appeals that he received a letter from the Zoning Enforcement Officer dated August 27, 2013, pertaining to Building Permit application No. 717 -13 for a pool/spa. The decking proposed and incorrectly approved in this permit was non - compliant with the side yard setback. Applicant stated that due to the topography of the lot, the transition for the deck as proposed is aesthetically more appealing. The applicant has submitted a Landscape Plan to accompany the ZBA Application prepared by Emeritus Development Ltd, dated September 9, 2013, showing the 4.3 foot setback intrusion of the proposed deck. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 16.C.(1) to allow for the construction of a deck with a side yard setback intrusion. 5. Therefore, after a discussion with the Applicant, the Board finds that such a Special Permit for relief sought by the Applicant pursuant to Nantucket Zoning Bylaw Section 139 - 16.C.(I) in order to reduce The required 10 foot side yard setback to 5.7 feet 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 grants a Special Permit for the relief sought by the Applicant pursuant to Nantucket Zoning Bylaw Section 139- 16.C.(1) in order to validate the location of a proposed deck to be sited as close as 5.7 feet from the side yard lot line, subject to the following conditions: a. The relief granted is specific to the siting of the deck and does not apply to any other setbacks on the lot. b. The proposed deck shall be in accordance with the plan entitled, "Landscape Plan" to accompany the ZBA Application prepared by Emeritus Development Ltd, dated September 9, 2013,and attached hereto as "Exhibit A." SIGNATURE PAGE TO FOLLOW Assessor's Map 41, Parcel 185.4 51 Vestal Street Residential -20 (R20) Dated: 12013 Book 1352 Page 180 Book 1368 Page 181 Lot 3A shown at Plan No. 2010 -01 COMMONWEALTH OF MASSACHUSETTS On the day of 2013, before me, the undersigned notary public, personally appeared „y7ri_.¢ , one of the above -named members of the Zoning Board of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that he /she signed the foregoing instrument voluntarily for the purposes therein expressed. �� ry�lA KAREN L. E. BRADFORD n M IIICOYNONWEAJn 0 °ru... _ >�rySE j \ \ \ \� % / //y ASV CA11mYeelm E�yee¢ J•M1•y te, p1� EIWan ■ m! I § S_ k�) ® ` //f � .co ! kfa ) 2mp ) ` Qy«onji_aJO:1 ION aym §,.....