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Home My WebLink About091-13 3 Cash's CourtPrim Form TOWN OF NANTUCKET BOARD OF APPEALS s o NANTUCKET, MA 02554 G o m � m APPLICATION o R � � a z w Fee: $300.00 File No.% 3 a x Owner's natIIe(s):Roland J. Augustine . Mailingaddcess:c /0 4 -North Water Street, Nantucket, MA 02554 Phone Numbea506- 228 -0444 E- Mail:patricia ®halstedlaw.com Applicant's name(s):Same is above - Malling Address: same as above Phone Number.Same as above: E- MLSdme as above Locus Address: 3. cash's court Assessor's Map /Pamel:4232 -150. Land Court Plan /Plan Book &Page /Plan File No.:Lot A, Plan File 54 -G Deed Reference/Certificate ofTitle:Bk1340 /280 Zomgt DistrictnoR Uses on Lot- Commercial: NoneO Yes (describe) Residential: Number of dwellings? Duplex Apartments Date of Stmcture(s): all pre -date 7/72 Yes or Building Permit Numbus: 258 -99, _136 -10 and 29 -11 Previous Zoning Board Application Numbers:N /A 2 Fairgrounds Road Nantucket Massachusetts 02554 508 -228 -7215 te]ephone 508 -228 -7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: 6E= ftIVCtW --] 1kD0t_Nf--,Vn I cent fy 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* IN *If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency. OFFICE USE ONLY Applicadon received on: /. / By: Complete: Need Copies:_ Filed with, Town Clerk: -/ -/_ Planning Bond:, —/_ Building Dept: —/—/_ By:_ Fee deposited with Town Treasurer:-/-/_ By:_ Waiver requested: Granted:—/-/— Heating notice posted with Tows Clerk: —/—/_. Mailed:. / / I&M /_/_&c/ / , Headng(s) held on: _/ /_ Opened on :_ /_ /_ Continued to: _ / / Withdrawn: 7. /_ Decision Due By:-/ -7- Made:_/_/ Filed w /Town Clet -k / /_Mailed_ /_ /_ 2 FaiTerunds Road Nantucket Massachusetts 02554 508 428 -7275 telephone 508 -228 -7298 facsimile Addendum Applicant is requesting relief pursuant to Nantucket Zoning Bylaw Section 139- 33(A)(5)(Preexisting nonconforming uses, structures and lots) from the provisions of Nantucket Zoning Bylaw Section 139 -16A (Intensity Regulations- setbacks). The Applicant proposes to demolish the prefabricated metal framed garage, and rebuild the pre- existing, nonconforming garage, extending the existing foot print eight (8) feet in the northerly direction. To the extent necessary, the height of the building may increase slightly to accommodate a wood framed roof system. The garage is presently sited as close as 0.95 feet from the side yard setback and 1.30 feet from the rear yard setback, in a zoning district that requires a side yard setback and rear yard setback of five (5) feet. The Locus is situated at 3 Cash's Court, is shown as Nantucket Tax Assessor's Map 4232, Parcel 150, is shown as Lot A on Plan File 54 -G and title is recorded in Book 1340, Page 280, in the Nantucket Registry of Deeds. The site is zoned ROH. Roland Augustine 531 West 24th Street New York, NY 10011- October 31"2013 Town of Nantucket Board of Appeals 2 Fairgrounds Road Nantucket, MA 02554 To Whom it May Concern, LUHRING .. AUGUSTINE 531 WW,241h Street New York NY tome ?d 21"_1 -6 groo f1 2122 -6 9o55 as .luhrMOMIgu5dnerom Please allow Patricia Halsted, Halsted Law to act on my behalf for the Zoning Board presentation for the garage located at 3 Cash's Court, Map No. 42.3.2 -150. Yours Sincerely, Roland Augustine Cc: P. Halsted 00L / 10 VIVIP Io IB 6�9 - Jr Q-4 sa �5 I 9 111 9 D z -7a z O D m 0 n x A L7 D CURRENT ZONING CIASSIFIWFXU Rstleafd qB HiM.1k (R-OH) Eq 1NG M oT p�Ull. MINIMUM LOT SIZE: 5.000 SF. 11,534 OF.t Ex, AK of mis W, sua I.LITJ ca roul:o MINIMUM FRONTAGE: 50 FT. SEE FLW >:", FRONT YARD SETBACK: NONE SEE PINY - na /SNE SETBACK 59. SEE PLAN GROUND COVER 3: 503 26.03 t ,312 -146 PAMCIA P. DEIX cl. -152 Doo, RN, 61I, K. 213 PV 2 WL NCNER uxo. UNWOL UNUS' DEED Du. A0. P6 291 r= PL. N. @ -33 - wr\ S ,E 4312 -IO RCEL 1 1y FMC C MBER, 1R I. CENY. 032291 LCC 40M4-4 ,P � sT rtFD 6N. TIO. vC JPI ysn - '0y6°? PL. Nc az -]] PAR CEL3 s " SL / ,w 12,1,2-11 j}�� [^'e <2.]R -9N�W k 95 ' YA9Y L LTA_._ �M A9L9: A NU AFN etal DEED2 BN. 9, PE. 139 [0uio V.a u."t pL�O #. Po. 3UB P4N PJ(' x a. LwnEr axoN M ss 2� n2 .03)NBC 21, m1. Rz.a2 -]s F JEFFflEY L H PLAN Be 6. ♦. CFAEs ry.FJti R - O BNCC3 6BL ) toT ] L .A N V a', art. 1096, PL N0 PLnn nsRB51Lt��P s ONLY WamALLY STAMPED AND ENEKNI COPk3 OF THIS PLAN THE C RE NMO LMH SU E MORTGAGE INSPECTION THE CERTIFlVtG WN SUIZJEYOR. PLAN TD;, GITIBANK MORTGAGE, AND NO OTHERS. In REMISES, BN THE REST OF MY KNOWLEDGE, MD THE Nantucket, MA PREMISES SHOIWR ARE LUAIFO IN ./ C MUNP ZONE: .. L... 230 -0011 , FLRM. / CNAMUNOY FANCI NUMBER: HTAGE -0011 D. BY THE FE Of PSERGERCY SCALE: 1` =30 DATE: AUGUST 30, 2012 JULY2, 199 AGENCY. EFFTLTNE ONE OF MAPS: JULY z IBBa AND As PERwo!caur REUSED. OWDec _FAO IJOMIN$E,TRUST, . , , . :HIS INSPECTION FUN WAS PREPARED FOR MaRTG+GE PURPOSES LOT A ONLY AND IS NOT TO BE CONSIDERED A FULL INSTRUMENT SURREY, 1218 135 THIS PLAN SHOULD BE USED TO M5 SN ROPFRTY `E5 De °d 13k.�7gA ... �. . Ploa File:. ?4 -�.. . FENCES, HEDGES OR M'Y ANCR1/.R1 STRUCTURES ON THE REMISES. 4.211.2-1.50. 3 CASH'S COUPT THE PROPERV LINES SHOWN RELY ON CURRENT DEEDS AND PLANS Tax Mop: . Lo,U,: ...... . OF RECORD. THIS N5PECTION PUN IS NOT A CERENFGS10N 6 TO THE TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. DINERS OF ADJOINING PROPERTIES AE SHOYH! ACCORDING TO CURRENT TORN OF NANTUCKET ASSESSOR RECORDS. THIS PIAN SHAUL NOT BE USED FOR ANY OTHER PIRPOSE OTHER THAN ITS WENDED USE STATED ABOVE �'G JBMcM,xi A mmmlex Inc. NOT TO BE RECORDED BLACKWELL & ASSOCIATES, Inc. PrDIessicnat Land sxc veyD 20 Teasdale Circle Nantucket, Massachusetts 02554 (508) 228 -9026 w 9 � r a � 2 9 r H s � T o Z� P i' Z N TOWN OF NANTUCKET BOARD OF APPEALS Z n m NANTUCKET, MASSACHUSETTS 02594 m '< 3 m � r Date: January 16,.^201iv 1 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 091 -13 Owner /Applicant: Roland J. AUGUSTINE 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. z, 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 42.3.2, Parcel 150 Book 1340, Page 280 3 Cash's Court Lot A Residential Old Historic(ROH) Plan File 54 -G DECISION 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday December 12, 2013, at 1:00 P.M., the Board made the following decision on the application of ROLAND J. AUGUSTINE, c/o Patricia A. Halsted, Attorney, Four North Water Street, Nantucket, Massachusetts 02554, File No. 91 -13: 2. The Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A(5) from the provisions of Zoning Bylaw Section 139 -16.A. Applicant proposes to demolish and rebuild the pre- existing non - conforming garage, extending the existing foot print by eight feet in the northerly direction and with a resulting height of approximately 14 feet 2 inches. The Locus is situated at 3 Cash's Court, is shown on Nantucket Tax Assessor's Map 42.3.2 as Parcel 150, is shown as Lot A on Plan File 54 -A. Evidence of owner's title is recorded in Book 1340, Page 280 on file at the Nantucket County Registry of Deeds. The site is zoned Residential Old Historic (ROH). 3. Our Decision is based upon the application and accompanying materials and representations and testimony received at the public hearing. The Planning Board did not provide a recommendation. Other than the presentation by the applicants' counsel at the hearing, there was no testimony either in favor of, or in opposition to, the application. 4. Attorney Patricia A. Halsted represented the applicant. Attorney Halsted explained to the Board that the existing structure is a pre - fabricated metal building in disrepair. The pre- existing non - conforming garage is presently sited as close as 0.95 feet from the side yard setback and 1.30 feet from the rear yard setback in a zoning district where five (5) foot side and rem yard setbacks are required. The lot and structures thereon otherwise conform to the intensity regulations of the Zoning Bylaw. 5. The applicant intends to demolish and rebuild the pre- existing non - conforming garage, extending the existing foot print by eight (8) feet in the northerly direction. To the extent necessary, the height of the structure may increase to approximately 14 feet, 2 inches, due to a wood frame roof system. The proposed garage is shown on the Plot Plan prepared by Rexrode Chingos Architects, attached hereto as "Exhibit A." 6. Therefore, the Board fords that Special Permit relief as requested would be in harmony with the spirit and intent of the zoning by- law as the proposed extension of the structure will not increase the pre - existing non - conformities with regard to side and rear yard setbacks and the extension will not be substantially more detrimental to the neighborhood. 7. Accordingly, by a UNANIMOUS vote, the Board of Appeals granted Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 33.A(5) from the provisions in Section 139 -16.A. in order to demolish and rebuild the pre - existing non- conforming garage on the Locus subject to the following conditions: a. There shall be no exterior construction between June 21st and Labor Day of any year for the work proposed in this application; and, b. The height of the building shall not exceed fifteen (15) feet. SIGNATURE PAGE TO FOLLOW A� Q it E fi s S N i U 0 Assessor's Map 42.3.2, Parcel 150 3 Cash's Court Residential Old Historic(ROH) Dated: Ad✓w COMMONWEALTH OF MASSACHUSETTS Nantucket, ss Book 1340, Page 280 Lot A Plan File 54 -G Lisa Botti lli ehael 'Mara Geoffrey Thayer On the 1OL*— day of 2014, /before me, the undersigned notary public, personally appe d A— GG.ai. n'�,,, , one of the above -named members of the Zoning Board of Nantucket, Mmsachusetts, 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. otary Pub f: : y Comm Sion Expires: KAREN L. E. BMDFORD Notary Pu01io �rOMWE4Ta OF W28ACay92rys MY Conxnission Ewpiras DrrcamOr,r iB, 2020