HomeMy WebLinkAbout091-13 3 Cash's Court �9p41A1V TOWN OF NANTUCKET -_
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BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 625-54
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Date : January 16,'2014
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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 .
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 .
I
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 rear 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 Chirigos Architects, attached hereto as "Exhibit A."
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6. Therefore, the Board finds 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
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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
Dated: JatA (4), LU/�f
Lisa Botticelli
'chael 'Mara
Kerim j-at
411114
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Geoffrey Thayer
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss
On the / " day of ,:,[_ f , 2014, before me, the undersigned notary
public, personally appe•qd „ . / r�✓ , ,_- , one of
the above-named members of the Zoning Board of Nantucket, assachusetts, 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.
I 41./ 11■_
otary Pub;
y Comm'fsion Expires:
KAREN L. E. BRADFORD
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II MY Commission Expires
December 18, 2020