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Home My WebLink About063-13 78 Hummock Pond Road3 RECEIVED TOWN OF NANTUCKET 1013 OU 15 PM 3 40 BOARD OF APPEALS NANTUCKET TOWN CLERK NANTUCKET, MASSACHUSETTS 02554 Date: November 15, 2013 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: Katia Brasil Prado 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- 228 -7215. NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 56, Parcel 125 Certificate of Title No. 21820 78 Hummock Pond Road R -20 DECISION: 1. At a public hearing 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 Katia Brasil Prado, c/o Michael Pearson, 24 Hawthorne Lane, Nantucket, Massachusetts 02554, File No. 063 -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 9.1 feet to validate the siting of an existing 118 square foot shed. The Locus has a lot area of about 20,574 square feet in a zoning district that requires a minimum lot size of 20,000 square feet; has frontage in the amount of 83.06 feet where 75 feet is required; a front yard setback of 35 feet where 30 feet is required; a side yard setback of 9.1 feet where 10 feet is required, and a ground cover ratio of 5.1% (1,050 square feet) in a district where 12.5% is the maximum ground cover ratio allowed. As such, Locus is nonconforming with respect to side yard setback. The Locus is situated at 78 Hummock Pond Road, is shown on Nantucket Tax Assessor's Map 56 as Parcel 125, and evidence of owner's title is registered at the Nantucket Registry District for the Land Court in Certificate of Title No. 21820. 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. Attorney Michael Pearson represented the Applicant. Attorney Pearson explained to the Board of Appeals that the Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 16.C.(1) to validate a side yard setback intrusion. 5. Therefore, after a discussion with the agent for 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.(1) in order to reduce the required 10 foot side yard setback to 9.1 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 the existing shed sited as close as 9.1 feet from the side yard lot line, subject to the following conditions: a. That the existing 118 square foot shed may never be moved any closer to the lot line. b. The relief granted is specific to the siting of the shed and does not apply to other structures on the lot. SIGNATURE PAGE TO FOLLOW Dated: 0 /5 2013 - T - o le MA- C,W 9' Vila - � (Uwl-) Michael I O'Mara COMMONWEALTH OF MASSACHUSETTS X=-- 2013 On the —&&y of Q, 2013, before me, the undersigned notary public, 17 P personally appeared one of the above -named members of the Zoning Board of Nantucket, Mss aachusetts, a sonally known to me to be the person whose name is signed on the preceding document, and ac owledged that -I d he signed the foregoing h1 en voluntarily for the purposes therein expressed. Notary blic My C 's on Expires: KAREN L. E. BRADF 1�LOMMOK.hE My Go mss�on Fxpves 70. MM"" 7_,. RECEIVED TOWN OF RATfOCIMT49 BOARD UrTYVM-IInr-&RK NANTUCKET, MA 02554 o M m m APPLICATION `' m < M Fee: $300.00 File No.nl3 . P o Owner's name(s): I�51r1 {� Mailing address: PC zolc 2382 t Mg►4TUC.kE.T, MA 025b+ Phone Nunber.508 325 0920 Applicant's name(s): KATIq -E-> i QA,:,>c> Mailing Address: PO aOK 2311, NANTuc.► -GT.- MA 0258¢ - Phone Number-508 3255 C 97.0 E -Mail: Q f be I Q P COMCa5t • ne-t Locus Addressle 14w*MCek PO4, I404%ssessot's Map /Parcel• 5(0L_/2S Land Court Plan/Plan Book & Page /Plan File No.: p Deed Reference /Certificate of Title: 2 820 Zoning District IC 2-0 Uses on Lot- Commercial: None/ -e )0w(4egc4,&e) Residential: Number of dwellingoOM Duplex 0 Apartments O Date of Structure(s): all pre -date 7/72 or f CcG'1t. POS f. }5 I Z Building Permit Numbers: 54(D' Ora Previous Zoning Board Application Numbers: .11 2 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. 139 - (tCc-x)% Reduce- frorn )Of t0 q, I', of eKts};!�j shed. S', cke Jar d 5e.'tthaCk- t 0 val idate- location 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: Owner* SIGNATURE: I Applies, /Attom /Agent* ;L+ HQWtFW_ne_ l-O ASo.�tucl�e_. MA 02-554F *If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency. Aper\Cy AUt1'IO�ISQ't10n FiCrEwith QttoL'1'teC�. OFFICE USE ONLY Application received on:—/—/— By: Complete:_ Need Copies:_ Filed with Town Clerk:_ /J_ Planning Bosad:_/,_ Building Dept:—/—/— By:_ Fee deposited with Town Treasurer:JJ_ By:_ Waiver requested:_ Granted.—/—/_ Hearing notice posted with Town Clerk/_ /— Mailed:_/ —/_ I&M_/ _/_ &_ / _/_ Heating(s) held on: _/_/_ Opened Continued to:—/—/— Withdrawn: _/_/_ Decision Due By:_/_/_ Made: /__/_ Filed w /Town Cl:rk:_/_/_ Mailed:_/_ /_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508- 228 -7298 facsimile To Whom it may concern: 139 -14c Special Permit / Variance for shed I, Katia Brasil Prado owner of property located at 78 Hummock Pond Road, Nantucket, Ma, hereby appoint Michael Pearson as my agent to represent me in the application referenced above and authorize him to act as my agent in all matters, formal and informal, relating to the Town of Nantucket procedures for such requested actions. I authorize him to receive and submit all official correspondence with the understanding however, that as the owner of the property I must sign any and all affidavits and statements that may be required for approval of the request. PROPERTY OWNER INFORMATION NameKAT1A g• Po.ZiO Address $ HUMMOOkL n4o,- %tuc.k&t MA 0255q- Signature w 20 2013 AUTHORISED AGENT INFORMATION NameM1GNAE -&— 1aA�aSon4 Address 2t+- RAWTHOAAL L-!WE. niav,tuc -Ve "A 02-551F Signature-q,lL.+o�t� 1lAi5U.� .20 AU 2013 ZONING CLASSIFICATION:.R. -..20 EXISTING: MIN. AREA: . o, 000 S'.F �oQ.Jro%X1// t�•/ {1 MIN. FRONTAGE: FRONT YARD S.B.: REAR .& SIDE S.B. : .. I ... . . GROUND COVER (R):.. gl /z3 ' J p&7;�A oG �� f` �FfN �r ,,�r • r f +YOL • I YNPN �� 1"OFµy�,, °- �� MICHAEL s� SG' /Zy E CONNOLLY °1 7711c�.4M.�CXAS WooaX,477- No. 49652 15141v g FifiFf /W LLC b p9pFFSS10�P suno I CERTIFY, A F . THAT BUILDING LOCATION PLAN THE BUILDING(S) IS ARE OCATED ON THE OF LAND IN GRD D % %NO OO NTANTTTTrKFT MA 0 '5 5'00 TOWN OF NANTUCKET PLANNING BOARD (Special Permit) RECEIVED BOARD OF ASSESSORS MAY 13 2013 TOWN OF NANTUCKET, MA LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER ... ` <ATR:.....G.RF.`d.k1:....1'RA. P... .............. MAILING ADDRESS.. ..Q.. B.' �.... ra` 1..' a. as- .L...:'N°.h.', ?Xc!��- T.:..(YW oasBy PROPERTY LOCATION.. m /,ynp !7� Qy--4 , ASSESSOR MAP/PARCEL ...... S..Q CR....,/..% a9, 5 ... .................... ............ SUBMITTED BY ... ° P...°.>.: .rd!SW..i:^'4.............5,?8) 3as l I. (&I- SEE ATTACHED PAGES I certify that the foregoing is a list of 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, all as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section I 1 Zoning Code Chapter 139, Section 139 -29B) (2). DATE ASSESSOR'S O FIC TOWN OF NANTUCKET \f k) R| | ! ! | |! |�� |! | ;� ;� „ � ■,� ; ;�; �,,| ( § !§ �§` E / )} Planning and Land Use Services September 10, 2012 Katia Prado P.O. Box 2392 Nantucket, MA 02584 Dear Ms. Prado, Your request for work at 78 Hummock Pond Rd. (Map# 56, Parcel# 125) has been denied for the following reason(s): No Certificate of Occupancy has been issued for a shed constructed under permit #596 -06, in violation of §139 -28 of the Nantucket Zoning Code. Please submit a current as -built site plan showing the location of the shed for review. If you are aggrieved by this denial, you may file appeal with the Zoning Board of Appeals within thirty (30) days of the date of the notice. tarcem Y stem Zoning Enforcement Officer Town of Nantucket C5o9 has --s8a- 2 Fairgrounds Road a Nantucket, MA 02554 0 508 -228 -7298 facsimile