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Home My WebLink About093-13 46 SurfsideTOWN OF NANTUCKET'S BOARD OF APPEALS NANTUCKET, MA 02554 r f APPLICATION �� N Fee: $300.00 File No. -/3 lNl G /LI/.J -n{n( Owner's name(s): �� Fj LrM AA2N Mailing address: C. I �yjpP A yt.. Phone Number tz r; Z I Cj2°I E -Mail: App1icant'sname(s):!>Aa2jb '— I.{r S�_ —A_ Mailing Address: C_(a II 45f)FE,+_ �.at% -w. y/ Phone Number: _Osr -ng L'l29 E -Mall: Locus Address: ��SlblL Assessor's Map /Parcel: (,`' _ l"Z-6 3 land Court Plan /Plan Book & Page /Plan File No.: Z Deed Reference /Certificate of Tide: JL#jM Zoning District G tit Uses on Loo- Commercial: None_ Yes (describe) JL lbg; -` IA Residential: Number of dwellings Duplex I Apartments Date of Structure(s): all pre -date 7/72 or Building Permit Numbers: Previous Zoning Board Application Numbers: a f *2 — h T PAID F_ ANOV 12 2013 I 2 Fairgrounds Road Nantucket Massachusetts 02554 1 1 ;w 508 -228 -7215 telephone 508 -228 -7298 facsimile BY: dt6 — PLLAANNING OFFICE L NOV12.2013 RECEIVED Stare below or attach a separate addendum of specific special permits or variance relief applying for: R/°PG I"'V> S r<es /Le�7-/ ee 14W-!n SPez s rt- F �2 errs r-(2 -OCT 139 -JIX13 ('r ) (2 ) 2EC2v//z /.VG 004rZ L/. 16 rdlz- rr,4 Sv2Ff.AE TO 9E Loc 1 >L °/j OAl. tl6 S.V2F-SIAE . 4e-t, % -KIAI6 r6. 'i L- B� Luc p. OA.1 OKS7SjfprS 'A4e,.LeErejL7'ri. <LiLTE2NAT/VE RED /SS /eN I certify that the information contained herein is substantially compl R£ap✓ESTE/j ete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: Owner« SIGNATURE: ApplicanQ Attome Agent* *If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency. OFFICE USE ONLY Application received on: / / By: Complete:_ Need Copies:_ / Filed with Town Clerk:–/_ _ Planning Board:_ /_ /_ Building Dept:_/_ /_ By:_ Fee deposited with Town Treasurer/ By:_ Waiver requested:_ Granted:—/—/ Heating notice posted with Town C1erk:,J_ Mailed:—/—/_ I&M// & _ / _ / H earing(s) held on:—/—/ O pen ed o_n : C_ t_nued m: / /Withdrawn:// Decsion Due B P Made: //_ ed w /Town _ ek: _ / / Mailed: 2 Fairgrounds Road Nantucket Massachusetts 02554 508 -228 -7215 telephone 508- 228 -7298 facsimile 'SURFSIDE ROAD am. xm y 6AS r:� s �� srm)Ii�i F b ^e - � JR M, Xn wean nw XIlT�1 L®L18)C6 AaCI .. L�f(i- . NA' Y6Ll6fYKK ; Ng M @M9 LL'O W .. Lit IRM PAWXC LVm4 Hu16Wn nF N4VIIw4T. NA546b6G�T16 ' uve9NV o°rewpi/w wz)u - rescvns mwurc ewa P.Nm:uum- wfPisn r e P�RLFD. W kllrA.VO P�V.6 - y,�.a � NNXIWFf91NVfliP6YL �A�IW OI A N6dofIBE 95MY.A TTE 6N.W� W LtS'F . N-HS)6 1'4)1ANNf BY XINNC%E4 auftRS LLG 126693 II IIINIII IpI 11IiNI 9 Gert 16280 Doc: SP Registered. 11/2412008 1116 AM a -•: iv TOWN OF NANTUCKET BOARD OF APPEALS :W NANTUCKET, MASSACHUSETTS 02554 Date: August 11 ,2008 To: Parties in Interest and.0thers concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 042 -08 Owner /Applicant: Jamee %iemann Enclosed ie ♦he Decision of the. BDAlin 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 60 as to be received within such TWENTY (20) days. kfG S. bit L5m) Michael J. O'Mara, 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. 125693 ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, MA 02554 Assessor's Map 67 46 Surfside Road Parcel 773 LC Plan 26439 -Y RC -2 Certificate of Title No. 16280 At a Public Hearing of the ZONING BOARD OF APPEALS held at 1:00 P.M., Friday, July 11, 2008, in the garage area at the Town BtQdUng Annex, 2 Fairgrounds Road, Nantucket, Massachusetts, on the Application of JAMES MANN, 46 Surfside Road, Nantucket, MA 02554, Board of Appeals File No. 042 -08 the Board made the following Decision: L Applicant is seeking a Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 18B(1) and (2)(parking). Applicant is required to provide three (3) legal parking spaces for his dwelling on 46A Surfside Road Applicant is proposing to provide the required parking spaces via easement on his adjacent lot at 46 Surfside Road. The site is located at 46 Surfside Road, is shown on Nantucket Tax Assessor's Map 67 as Parcel 773 is shown on Land Court Plan 26439 -Y, and is recorded at the Nantucket County Registry of Deeds as Certificate of Title No. 16280. - 2. The Decision is based upon the Application and materials submitted therewith, and the testimony and evidence introduced at the hearing. There was no recommendation from the Planning Board as the Board determined that the matter was not a planning concern. There were no letters on file. 3. Applicant's attorney presented the case for the Applicant. He explained that the Applicant owns two (2) adjacent conforming residential lots on Surfside Road. The lot at 46 Surfside Road has a duplex which requires two parking spaces as it was built in 1998. The new single family residence at 46A Surfside Road on the adjacent lot requires 3 parking spaces. The duplex lot at 46 Surfside has an existing driveway entering onto Surfside Road and has adequate parking area for 7 parking spaces. The new dwelling at 46A is on a smaller lot and it will be difficult to create three (3) parking spaces and when created it will require backing out onto Surfside Road. Applicant proposes to create an easement in recordable form to allow the parking of three (3) cars at 46 Surfside Road which will allow safe and convenient access out to Surfside Road. 4. Based upon the forgoing the Board fords that the Applicant's request is in harmony with the spirit and intent of the Zoning Bylaw in that it will provide safe and convenient vehicular access out to Surfside Road for the occupants of the property at 46A Surfside Road. The Board also finds that 46A Surfside Road, although it is a conforming lot for zoning purposes, is only 40 feet wide and presents practical difficulties in providing three (3) parking spaces with adequate turnaround areas. 5. Accordingly by UNANIMOUS VOTE, the Board grants a SPECIAL PERMIT pursuant to Nantucket Zoning Bylaw Section 139- 18B(1) to allow the required parking for 125693 46A Surfside Road to be provided via easement on the adjacent property at 46 Surfside Road. Said Special Permit is subject to the following conditions: a) An easement substantially in form attached hereto as Exhibit "A" shall be recorded at the Nantucket Registry of Deeds and a copy of which shall be provided to the ZBA after it is recorded; and b) Configuration of parking spaces shall be substantially as shown on Exhibit "B ", entitled "Parking Exhibit Plan of Land", dated April 1, 2008, prepared by Nantucket Surveyors, LLC; and c) No expansion of building or additional structures on 46A Surfsidc without further relief from this board. SIGNATURE PAGE TO FOLLOW 125693 Date: 1� — e . ai W Mark Poor COMMONWEALTH OF MASSACHUSETTS County of N a antucket, as II On this 1 day of I VlY 2008, before me, the undersigned notary public, personally appeared L L ttt,,,ggq��l/l TnU k personally known to me, or (b) proved to me through satisfactory evidence of identification, which was (personally known to me), (type of identification) to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it volummi;y for its stated purpose. Official Signature and Seal of Notary Public My commission expires: 11111i111 I CERIVY THAT b DAYS HAVE ELAPSED AFIP.R THE DECISION WAS FILED IN THE Offn OFTHF 7 01171 CLERK, AND THAT NO AFFIRAL HAS BEEN FDE% KBSDARMGENNE RA�LLLAANS*%JECWNII T01Vt7t7EEK 1YP /g C : NOV 2 4 2DDI 126888 93TIA 0 MAJ3 3VAH RYAQ DS TART Yi1TAD 1 31fT 30:13MO MT YI QIJH RAW YOIRfJ3(131fT - Y338 RAH JAMA OK TAHT QVA,AR3n Y.WOT _ 11 YOTT)3R,AOt MAJ JA830) 01 TYAMPUM,O3Jli ' P.Ti =37: A'fRUE COPy,T�_ Nantucket, ss. 125693 COMMONWEALTH OF MASSACHUSETTS Declaration of Parking Easement KNOW ALL MEN BY THESE PRESENTS, that 1, JAMES WIEMANN of Nantucket, Massachusetts, being the owner of two adjacent properties located at 46 Surfside Road and 46A Surfside Road, shown as Lots 120 and 121 on Land Court Plan 26439 -Y, in consideration of the issuance of a special permit by the Nantucket Board of Appeals (File No 042 -08) hereby create and declare the following parking easement pursuant to said special permit: 1. Said easement shall allow the owners and occupants of 46A Surfside Road (Lot 121 on Land Court Plan 26439 -Y) to a) park three (3) cars at 46 Surfside Road (Lot 120 on Land Court Plan 26439 -Y); and b) use the driveway on Lot 120 for normal and customary access to said parking spaces; and c) to walk across rear of lot 120 from the parking area to the dwelling house on Lot 121. 2. The location of said easements is shown on sketch plan attached hereto as Exhibit "A ". 3. The owner of Lot 120 shall have absolute right to determine the surface of the driveway and parking area and may change same in his/her sole discretion; provided nothing shall be done which will interfere with the normal use as a driveway and parking area for the owners and/or occupants of 46A Surfside Road. 4. This declaration of parking easement shall run with the land and be binding upon and inure to the benefit of the current owner and his heirs, successors and assigns. 125693 IN WITNESS WHEREOF, I hereunto set my hand and seal this 19 day of August, 2008 COMMONWEALTH County of Nantucket, as On this 11 %day of August, 08, before me, the Imdersigned notary public, personally appeared JAME EMANN, (a) ✓personally known to me, or (b) proved to ,me throug satisfactory evidence of identification, which was (personally known to me , (type of Identification) to be the person whose name is signed on the precedin or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. Official Signature and Si My commission expires: RICHARD J. GLIDDEN mcam Public CMY CornmisSon Expir- My Commkcion EKpir� May 18,2012 125693 tXVtil0I't n SURFSIDE ROAD r szs 41 s,s s awwo vsmc s vapyp�i y ! b 6 Wm raK 9J3 tY 4 MuIMa % as+ WT N W6K LC[RL� X INM � PMOT'0 N�IMxA95MV�%f! 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